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OSCE Human Dimension Commitments Volume 1 Thematic Compilation

4th Edition OSCE Human Dimension Commitments Volume 1 Thematic Compilation

4th Edition

OSCE/ODIHR gratefully acknowledges the financial support provided by the Federal Republic of Germany for this publication. OSCE Human Dimension Commitments, Volume 1, Thematic Compilation, 4th Edition

Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10 00-251 Warsaw, Poland www.osce.org/odihr

All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source.

ISBN 978-83-66690-84-4

Printed in Poland by Centrum Poligrafii Contents

Foreword to the Fourth Edition VII Preface – How to Use this Compilation IX The Human Dimension of the OSCE: An Introduction X OSCE Documents Referred to in this Compilation XVII

General Provisions Related to the Human Dimension 1

1. An Introduction to the Human Dimension 2 1.1 The Nature and Importance of the Human Dimension 3 1.2 The Human Dimension as a Matter of Direct and Legitimate International Concern 6

2. Implementation Commitments 8 2.1 The Obligation to Implement 9 2.2 Methods of Implementation 11 2.2.1 General Provisions, Including Human Rights Education 11 2.2.2 Review of Implementation 14 2.2.3 Observation 16 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms 17 A. Vienna Mechanism 17 B. Moscow Mechanism 18 C. Counter-Terrorism Network 22 D. Other Mechanisms 24 2.3 Partners in Implementation 25 2.3.1 Governments, Government Bodies and Institutions 25 2.3.2 Governments of Other Countries and International Organizations 25 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations 29 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension 34 A. The Office for Democratic Institutions and Human Rights (ODIHR) 34 B. The High Commissioner on National Minorities 61 C. The Representative on Freedom of the Media 67 D. The Secretariat, Special Representative for Combating Trafficking in Human Beings 71 3. Restrictions and Derogations 74 3.1 Scope and Character of Legitimate Restrictions 75 3.2 Derogations from Obligations during a State of Public Emergency 75

Specific Human Dimension Commitments 79

1. Commitments Related to the Right of Peoples to Self‑determination 80

2. Commitments Related to Structural Components of a Democratic Society 82 2.1 General Provisions 83 2.2 Elections 85 2.3 Democratic Institutions 89 2.3.1 General Provisions 89 2.3.2 Decentralized Government and Special Structures and Bodies 92 2.3.3 Democratic Civilian Control of Military, Paramilitary and Internal Security Forces, Intelligence Services and the Police 93 2.3.4 Independent National Human Rights Institutions 94 2.3.5 Non-Governmental Organizations 95 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources 96 2.4 Rule of Law 104 2.4.1 General Provisions 104 2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service 109 2.4.3 Administration of Justice 113 A. Law Enforcement 113 B. Treatment of Persons Deprived of Their Liberty 115 2.4.4 Fulfilment of International Obligations 117

3. Commitments Related to Human Rights that are Applicable to All 119 3.1 Civil and Political Rights 120 3.1.1 General Provisions 120 3.1.2 Right to Life/Abolition of the Death Penalty 120 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 121 3.1.4 Freedom from Arbitrary Arrest or Detention 129 3.1.5 Right to a Fair Trial 130 3.1.6 Right to Effective Remedies 132 3.1.7 Conscientious Objection and Alternative Service 134 3.1.8 Freedom of Thought, Conscience, Religion or Belief 135 3.1.9 Freedom of Association and the Right of Peaceful Assembly 139 3.1.10 Freedom of Expression, Free Media and Information 141 A. General Provisions 141 B. Media Freedom and Working Conditions for Journalists 143 C. Freedom of Cultural or Artistic Expression 152 3.1.11 Freedom of Movement, Human Contacts and Family Reunification 153 3.1.12 Respect for Private and Family Life 160 3.1.13 Right to Nationality 161 3.1.14 Property Rights 161 3.2 Economic, Social and Cultural Rights 162 3.2.1 General Provisions 162 3.2.2 Economic and Social Rights 163 A. General Provisions 163 B. Workers’ Rights 165 3.2.3 Cultural Rights/Cultural Heritage 166 3.2.4 Right to Education 169

4. Commitments Related to Human Rights with a Focus on Specific Groups 172 4.1 National Minorities 173 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination 173 4.1.2 Effective Participation in Public and Political Life 179 4.1.3 Cultural, Linguistic and Religious Identity, and Education 180 4.1.4 Human Contacts, Free Media and Information 184 4.1.5 Role of Organizations and Associations 185 4.1.6 Protection against Hate-Related Crime 187 4.2 Roma and Sinti 187 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination 187 4.2.2 Effective Participation in Public and Political Life 193 4.2.3 Access to Education 197 4.2.4 Socio-economic Issues 200 4.2.5 Racism and Discrimination 202 A. Combating Racism and Stereotypes 202 B. Protection against Hate-Related Crimes 205 4.2.6 Crisis and Post-Crisis Situations 207 4.3 Indigenous Populations 208 4.4 Refugees, Displaced Persons, Returnees and Stateless Persons 208 4.5 Migrant Workers 212 4.6 Persons with Disabilities 218 4.7 Children 219 4.8 Armed Forces Personnel 227 4.9 Persons in Detention or Prison 227 5. Commitments Related to Equality, Tolerance, and Non-discrimination 231 5.1 Equality and Non-discrimination Clauses 232 5.2 Equal Rights of Men and Women 233 5.3 Combating Acts Motivated by Prejudice, Intolerance and Hatred 243 5.3.1 General Provisions 243 5.3.2 International Instruments 257 5.3.3 Legislation and Enforcement of Laws and Policies 257 5.3.4 Data Collection and Monitoring 262 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance 266 5.3.6 Role of the Media 276

6. Commitments Related to Specific Threats to Human Security 280 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation 281 (A) Legal framework 284 (B) Prevention 285 (C) Protection 285 (D) Prosecution 286 (E) Partnership 286 6.2 Prevention of Trafficking in Human Beings 290 6.2.1 General Provisions Regarding Prevention 290 6.2.2 Investigation, Law Enforcement and Prosecution 312 6.2.3 Protection of Victims and Provision of Assistance 322 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime 331 6.4 Prevention of Terrorism 340 6.4.1 Condemnation of, and Commitment to Combat, Terrorism 340 6.4.2 Respecting Human Rights and the Rule of Law while Combating Terrorism 359 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States 362 6.4.4 Extradition and Prosecution of Persons Implicated in Terrorist Acts 369 6.4.5 Countering the Use of the Internet for Terrorist Purposes 372 6.5 Countering the risks arising from the misuse of Information and Communication Technologies (ICT) 375

7. Commitments Related to International Humanitarian Law 377

Index 381 Foreword to the Fourth Edition

It is a great pleasure to be introducing this fourth edition of the OSCE Human Dimension Com- mitments and acknowledge the progress that has been made in so many areas, while remain- ing acutely aware of the challenges facing democracy and human rights across the OSCE region.

This publication, the latest updated compilation of the OSCE’s commitments on democracy and human rights, has over the years become a vital resource not just for government officials or OSCE staff, but also for civil society and all those working to strengthen human rights within and beyond the borders of the OSCE region. This thematic compilation is accompanied by a chronological over- view, both of which can also be found on the website of the OSCE Office for Democratic Institu- tions and Human Rights (ODIHR).

The Helsinki Final Act and the many documents that followed have become a far-reaching set of standards that form the basis of what the OSCE calls the human dimension of security. In the 1990 Charter of Paris for a New Europe, states recognized formally that “Human rights and fundamen- tal freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government.”

The commitments were developed and freely agreed to by all OSCE states, which took on them- selves the obligation to uphold them without any force or coercion. They affirm the OSCE’s compre- hensive security concept, in which the human dimension has the same weight as politico-military co-operation or economic and environmental governance.

More than a decade has passed since the last edition of the Human Dimension Commitments was published. In that time, our societies and the ties that bind them have developed, and new and diverse challenges to human rights have emerged, bringing with them both opportunities and threats. OSCE states addressed a number of these during their yearly Ministerial Council meet- ings, which as always took place in the capital cities of the countries that held the annually rotating Chair of the OSCE: in Vilnius, Dublin, Kyiv, Basel, Belgrade, Hamburg, Vienna, Milan, and Tirana.

You will see these additions in the pages that follow. The fact that there have been new commitments in areas such as migration, human trafficking, combating violence against women, the prevention of torture or the role young people can play in contributing to a culture of dialogue, demonstrates an ongoing awareness across the OSCE region of the need to combat the most heinous abuses of human rights and improve their protection.

While digital technologies have strengthened human rights and bridged geographical divides, enabling democratic engagement on a scale previously unimaginable, we see that hatred can also spread easily and quickly via digital platforms, and tools developed to fight crime or manage bor- ders can be misused to limit fundamental freedoms, restrict human rights, and sometimes stifle critical voices. At the same time global migration trends, climate change, pandemics, and armed conflicts are proving a critical test for our societies and for the future of democratic principles

VII Foreword to the Fourth Edition

based on human rights. It is therefore more important than ever that we put genuine dialogue at the centre of efforts to work towards our common future.

It is my hope that this fourth edition of the commitments will be a valuable tool for political lead- ers, officials, experts, activists, and all those engaged in closing the gap between commitment and implementation. ODIHR, as one of the leading human rights institutions worldwide, will continue to assist national and international efforts in building more democratic, more tolerant and more inclusive societies. Throughout the last three decades, ODIHR’s directors have worked to ensure the future of democracy and respect for human rights that are anchored in the commitments. My sincere gratitude goes to all past directors who have headed ODIHR for their insight and commit- ment: Luchino Cortese (Italy, 1991–1994); Audrey Glover (United Kingdom, 1994–1997); Gerard Stoudmann (Switzerland, 1997–2002); Christian Strohal (Austria, 2003–2008); Janez Lenarčič (Slo- venia, 2008–2014); Michael Georg Link (Germany, 2014–2017); and Ingibjörg Sólrún Gísladót- tir (Iceland, 2017–2020).

For the first time, this edition of the Human Dimension Commitments is being published in all official OSCE languages, in the recognition firstly that knowledge of these groundbreaking com- mitments to protect the rights of every individual should be spread as widely as possible, and sec- ondly in acknowledgement that there is no state of the OSCE that is fully implementing them. We all have our homework to do.

Matteo Mecacci Director, OSCE Office for Democratic Institutions and Human Rights (ODIHR)

VIII Preface – How to Use this Compilation

Beginning with the Helsinki Final Act in 1975, the now 57 participating States of the OSCE region have adopted a large number of politically binding commitments relating to what has become known as the human dimension of the OSCE’s comprehensive security concept.

The selection of commitments contained in the thematic and the chronological volumes of this publication was made on the basis of a definition of the term human dimension as it is used today, encompassing all aspects related to human rights and fundamental freedoms; democracy, includ- ing democratic elections and democratic governance and institutions; tolerance and non-discrim- ination; and the rule of law, as well as those related to national minorities, human contacts and international humanitarian law.* In addition, the compilation includes provisions for mechanisms to monitor the implementation of these commitments, as well as the basic mandates of the OSCE institutions active in the field of the human dimension.

The documents used for this publication were signed or otherwise adopted by various high-level CSCE/OSCE forums. While these documents do not have the character of legally binding treaties under international law, they represent political commitments, adopted by consensus and binding on each participating State. As they are all adopted by consensus, they are, as it were, of immediate effect, are immediately applicable and can be invoked by any citizen or OSCE government directly vis-à-vis any government of a participating State. Moreover, OSCE commitments reinforce, rather than duplicate, obligations contained in international law and conventions, as they contain a com- mitment to implement those and to do so in good faith.

The human dimension provisions contained in this compilation are laid down in the documents that emerged from summits, follow-up meetings, conferences on the human dimension and, where relevant, Ministerial Council meetings since 1975. Also included are documents that were pro- duced by relevant expert meetings and later incorporated into the CSCE/OSCE body of commit- ments by other forums.

While the goal of this publication is to present a comprehensive account of the OSCE’s normative basis in the field of the human dimension, no attempt has been made to produce a complete inven- tory of every part of a sentence that could possibly be conceived to have a human dimension aspect. It should be stressed that, while this compilation focuses on the human dimension and, therefore, human rights and democracy, OSCE commitments should always be read and understood in the context of the comprehensive security concept, which also encompasses politico-military issues, as well as economic and environmental aspects. The fact that a particular commitment has or has not been included in this compilation does not mean that it is not relevant. For reasons of pure practicality, a line had to be drawn somewhere, as the intention was to provide a user-friendly ref- erence guide, rather than an encyclopaedia. It is intended for use by government officials and civil society organizations, academics, students and practitioners alike.

* This definition is also reflected in the agenda of the OSCE Human Dimension Implementation Meeting.

IX The Human Dimension of the OSCE: An Introduction

In 2025, the Organization for Security and Co-operation in Europe (OSCE) will commemorate the 50th anniversary of the signing of its founding document, the Helsinki Final Act. Since 1975, the OSCE has developed a large set of human rights norms and standards that are generally reflective of traditional human rights norms and concepts as enshrined in other international human rights treaties and declarations. Building on these, however, the OSCE has also developed a number of standards that are highly innovative both in terms of style and substance.

This publication is intended to make OSCE commitments more accessible to citizens and govern- mental officials alike, in keeping with one of the most important lessons learned in the Helsinki process. Human rights start with an element of empowerment, or with the “right to know your right”. When the Helsinki Final Act was adopted, participating States were committed to making the document widely accessible. This helped spark the creation of many important human rights groups, such as the Helsinki groups and Charter 77, which found the reference for their work in the Helsinki process and contributed to the transformation process in Central and Eastern Europe. The OSCE human rights framework has, therefore, been one of the most effective in existence, and it continues to play an important role today.

It is a unique framework, comprising a set of documents that, among other innovations, makes human rights an issue of legitimate concern between states. Its basis can be found in the Helsinki Final Act, but subsequent documents such as the 1990 Copenhagen Document, the 1990 Charter of Paris for a New Europe and the 1991 Moscow Document have added other important founda- tions that are necessary to understand the OSCE human dimension today.

The purpose of this introduction is to provide guidance on how to read and use these norms and to give an overview of some of the basic aspects of the human dimension of the OSCE.*

A. The main foundations

1. Human rights and the OSCE’s comprehensive concept of security

The OSCE was created as a security organization. However, it does not deal exclusively with issues of military security, disarmament, or border issues. Based on a broad concept of security, it deals equally with human rights. The OSCE considers security to be more than merely the absence of

* The Conference on Security and Co-operation in Europe (CSCE) was renamed the Organization for Security and Co-operation in Europe (OSCE) in 1994. For practical purposes, only the term OSCE will be used in this text.

X The Human Dimension of the OSCE: An Introduction

war. Instead, it was the intention of the OSCE participating States to create a comprehensive frame- work for peace and stability in Europe.

The Helsinki Final Act acknowledges as one of its ten guiding principles the “respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief”. This constitutes a milestone in the history of human rights protection. For the first time, human rights principles were included as an explicit and integral element of a regional security frame- work, on the same basis as politico-military and economic issues. This acknowledgement has been reinforced by numerous follow-up documents. It is therefore now well established and should be beyond question. There is no hierarchy among these principles, and no government can claim that they have to establish political or economic security before addressing human rights and democracy.

Recent history proves the validity of the OSCE concept that a free society allowing everyone to fully participate in public life is a safeguard against conflict and instability. A lack of respect for the territorial integrity of sovereign states, arbitrary arrests and imprisonment of peaceful pro- testors, or the exclusion of individuals or certain groups from society on ethnic or other grounds, has at times led to tensions and instability. Rapid increases in migration and refugee flows, due for example to conflict or climate change, are also having a major impact on security.

In OSCE terminology, the term “human dimension” is used to describe the set of norms and activ- ities related to human rights, democracy and the rule of law, which is regarded within the OSCE as one of three dimensions of security, together with the politico-military, and the economic and environmental dimensions. The term also indicates that the OSCE norms in this field cover a wider area than traditional human rights law.

2. The OSCE “process”

Since its beginnings, the OSCE has followed a “process” approach. The Helsinki Final Act pro- vides for regular follow-up conferences and meetings. This is very important for understanding the OSCE human rights framework.

First, it means that there is a forum for discussing the implementation of the standards agreed in previous meetings. Second, it has led to a set of successive OSCE documents specifying and elabo- rating the human dimension commitments adopted in past documents. As a result, the OSCE has developed a very flexible and dynamic norm-creating process in the human rights field, a process that is ongoing. This has led to the acknowledgement of trafficking in human beings, previously treated most often in an organized-crime context, as a human rights concern, and the recognition of hate crimes as a potential threat to domestic and international security.

OSCE commitments generally take the form of documents adopted by consensus at OSCE sum- mits or ministerial meetings. Each meeting takes place in a particular political climate and con- text. Not surprisingly, the OSCE summits and ministerial meetings have, therefore, had differing characters in creating new commitments. Whereas some meetings, in particular in the early 1990s, created a large set of important new norms, others restricted themselves to making minor changes and additions.

This process approach has led to a large number of OSCE documents. As a result, it is not always easy for practitioners to identify which standards apply to a specific situation, particularly as each document contains, to a varying degree, both repetitions and innovations. As a basic guideline, the user should note that all of these documents, together, form the existing framework of the OSCE. Thus, a document does not become invalid when new documents are adopted. The documents build

XI The Human Dimension of the OSCE: An Introduction

on each other and constitute what could be called the OSCE acquis. They have been adopted by consensus and are, therefore, politically binding on all OSCE participating States. This also applies to participating States admitted later, which were required to accept the acquis upon accession.

Consequently, a user should not rely only on a single document, but should check the whole range of existing documents in order to find the actual scope of commitments on a given right or funda- mental freedom. Often, an early document stipulates only a general principle that is then further elaborated in subsequent documents. However, since the commitments and documents build on each other, a commitment in an early document does not lose its force if a subsequent document has only a general reference to this right.

At the same time, each document, as a whole, reflects a specific historical context and its structure follows a certain logic that puts the different parts of the document in a wider context. Reading the document in its entirety can, equally, thus provide important information as to the understanding and interpretation of the norms concerned. This explains the dual approach in the two volumes of this compilation, one of which is thematic and the other chronological.

3. Human dimension commitments and pluralistic democracy based on the rule of law

In a number of cases, OSCE human dimension commitments go far beyond the level provided for in “traditional”, legally binding human rights instruments. In traditional human rights treaties, individual (or group) rights are formulated, and the state party has the obligation to respect and/ or guarantee those rights. How to implement these obligations, however, is most often left to the discretion of the states.

The OSCE human dimension goes much further in linking human rights with the institutional and political system of a state. In essence, OSCE States have agreed through their human dimen- sion commitments that pluralistic democracy based on the rule of law is the only system of gov- ernment suitable to guarantee human rights effectively.

This explains why the OSCE human dimension has been described as a common pan-European public order (ordre public). In other words, the OSCE is not simply an organization of 57 partici- pating States but a “community of values” jointly developing practice and normative custom. This linkage is also reflected in the strong commitment to the rule of law and in the way it is formu- lated, as a concept based on the dignity of the human person and a system of rights through laws and legal structures.

4. Politically binding commitments

The OSCE process is essentially a political process that does not create legally enforceable norms or principles. Unlike many other human rights documents, OSCE human dimension commit- ments are politically, rather than legally, binding. This is an important distinction, since it lim- its the legal enforceability of OSCE standards. In other words, OSCE commitments cannot be enforced in a court of law.

However, this should not be mistaken as indicating that the commitments lack binding force. The distinction is between legal and political, and not between binding and non-binding. This means that the OSCE commitments are more than a simple declaration of will or good intentions; rather, they are a political promise to comply with these standards.

XII The Human Dimension of the OSCE: An Introduction

While deliberations on international legal documents usually take considerable time before agree- ment on a final text is reached, and the final documents are subject to ratification and reservations, this does not apply to OSCE documents. Their political nature leads to the unique situation that, once consensus among the states has been achieved, decisions enter into force immediately and, in principle, are binding upon all OSCE States (the so-called universality principle).

This allows the OSCE to react quickly to new needs. For example, when human rights violations in regard to minorities increased in the beginning of the 1990s, it was the OSCE that reacted first and drafted a comprehensive set of standards in the field of minority protection. Later, these polit- ical standards served as the basis for the legally binding Council of Europe Framework Conven- tion on the Protection of National Minorities.

5. Human rights as a matter of international concern

A fundamental aspect of the OSCE’s human dimension is that human rights and pluralistic democracy are not considered the internal affairs of a state. The participating States have stressed that issues relating to human rights, fundamental freedoms, democracy, and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the founda- tions of the international order.

In fact, the participating States “categorically and irrevocably” declared that the “commitments undertaken in the field of the human dimension of the OSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned” (Moscow Document, 1991). Therefore, OSCE participating States cannot invoke the non-intervention principle to avoid discussions about human rights issues within their countries. This explains why the OSCE is not only a community of values but also a community of respon- sibility. And it has to be stressed that this responsibility focuses not only on the right to criticize other States in relation to violations of human dimension commitments but also on the duty to assist each other in solving specific problems.

6. Limitations and relation to international human rights treaties

OSCE commitments reflect traditional human rights and freedoms, as well as some areas beyond the scope of traditional human rights law. As in other human rights treaties, an important ques- tion is the extent to which rights can be limited. This is important for any practitioner trying to identify whether or not a specific right has been violated. Some of the freedoms stipulated by the OSCE contain specific limitation clauses. However, the OSCE Copenhagen Document stipulates an important general rule for those rights mentioned in this document: They will not be subject to any restrictions except those provided for by the law and consistent with other obligations under international law, such as the International Covenant on Civil and Political Rights. Restrictions must not be applied in an arbitrary manner, and they always have to be understood as exceptions to the general rule that individual freedom must be respected. Any limitation must be strictly pro- portionate to the aim of the law. This proportionality test requires a narrow interpretation, par- ticularly since any interference must be evaluated against the great value of such fundamental freedoms to a free and open democratic society. These questions became particularly relevant to ensure the continued functioning of democratic institutions and respect for human rights follow- ing the outbreak of the Covid-19 pandemic.

XIII The Human Dimension of the OSCE: An Introduction

B. Institutions and implementation

1. The responsibility to implement OSCE human dimension commitments

The human rights framework described above exists for the benefit of all people living in the OSCE area and, indeed, describes human rights and fundamental freedoms as “birth rights of all individuals”. The first responsibility for guaranteeing these rights lies with the OSCE participat- ing States. The OSCE human dimension commitments are addressed – in line with other interna- tional human rights treaties – to the participating States. The commitments reinforce this general principle in stressing that the protection and promotion of human rights and fundamental free- doms is “the first responsibility of government” (Charter of Paris, 1990).

From the beginning, it was clear that formulating standards is not, alone, always sufficient for the effective implementation of human dimension commitments. International procedures should play an important complementary function in this regard. Consequently, the OSCE has created a set of procedures, conferences, and institutions that help to monitor and assist with the implementa- tion of OSCE human dimension commitments.

Unlike other human rights treaties,* the OSCE has not created a court or other individual peti- tion body to ensure the implementation of OSCE commitments. This reflects the political charac- ter of the OSCE process and the intention not to duplicate existing mechanisms. On the contrary, the OSCE reinforces these important mechanisms and calls upon participating States to subscribe to these mechanisms and to abide by standards set by other international organizations. It is also important to note that the absence of an individual-complaints process does not preclude that indi- vidual cases might be brought to the attention of the political bodies of the OSCE.

2. Summits and other follow-up meetings

As already mentioned, the Helsinki Final Act provided for regular follow-up conferences, reflect- ing the understanding that a continuous dialogue is needed to make the agreement effective. This process approach has, over time, created a refined system of political summits and other confer- ences where the implementation of OSCE commitments is discussed.†

This complex structure of summits, meetings, conferences, and seminars generates two important effects. First, it enables the participating States to embark on a dynamic norm-creating process. The participating States can react quickly to new needs and build on previous OSCE commitments to specify their application. Second, it provides a forum for discussing the actual implementation of human dimension commitments by OSCE participating States. This reflects the principle that compliance with OSCE commitments is a subject of direct and legitimate concern for all OSCE participating States and does not belong to the internal affairs of any particular State.

* See, for example, the European Convention of Human Rights establishing the European Court of Human Rights, or the UN International Covenant on Civil and Political Rights establishing the UN Human Rights Committee. † OSCE summits and Ministerial Council meetings usually adopt new declarations and documents. Review con- ferences precede OSCE summits and discuss the compliance with OSCE standards and prepare the final docu- ment to be adopted at the subsequent summit. OSCE human dimension implementation meetings should take place in years when no OSCE summit is scheduled and provide the forum for discussing the implementation of OSCE human dimension commitments. It is also foreseen that a human dimension seminar and three sup- plementary human dimension meetings are organized every year. For more information, see the ODIHR web- site at www.osce.org/odihr.

XIV The Human Dimension of the OSCE: An Introduction

An important feature of OSCE human dimension meetings is that they are open to the active participation of non-governmental organizations (NGOs). Thus, NGOs can and do participate in addressing concerns about the actual implementation of OSCE human dimension commitments and make suggestions on how to solve problems.

3. The human dimension mechanism

In addition to these regular meetings, the OSCE has also created a so-called human dimension mechanism, in the Vienna Mechanism* and the Moscow Mechanism,† the latter partly constitut- ing a further elaboration of the Vienna Mechanism. Together, they set out a process for supervis- ing the implementation of human dimension commitments to be invoked on an ad hoc basis by any individual OSCE participating State.

The Vienna Mechanism allows a participating State, through a set of procedures, to raise questions relating to the human dimension in another OSCE participating State. The Moscow Mechanism builds on this and provides for the additional possibility to establish ad hoc missions of independ- ent experts to assist in the resolution of a specific human dimension issue. This includes the right to investigate alleged violations of human dimension commitments, even, in exceptional circum- stances, without the consent of the accused state.

4. OSCE institutions with relevance to the human dimension

Departing from the conference approach of its early years, the OSCE has established a number of permanent institutions to assist participating States with the implementation of OSCE human dimension commitments. The following gives a basic overview of the main institutions dealing with human dimension issues without giving a full account of their roles and activities.

A. The Office for Democratic Institutions and Human Rights

Originally established as the Office for Free Elections in 1991‡, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), based in Warsaw, is the main institution of the OSCE for the human dimension. The 1992 Helsinki Document set out the ODIHR’s mandate to help OSCE participating States “ensure full respect for human rights and fundamental freedoms, to abide by the rule of law, to promote principles of democracy and ... to build, strengthen and protect dem- ocratic institutions, as well as promote tolerance throughout society.”

In accordance with its mandate and tasks contained in a variety of documents, ODIHR promotes democratic election processes through the in-depth observation of elections, conducts election assistance projects that enhance meaningful participatory democracy, and assists OSCE partici- pating States in the implementation of their human dimension commitments by monitoring other democratic processes and human rights compliance, as well as providing expertise and practical support in building up democratic institutions. This is done through longer-term programmes to strengthen the rule of law, democratic governance and civil society, with which ODIHR has

* As established in the Vienna Concluding Document of 1989. † The Moscow Mechanism was agreed upon at the last meeting of the Conference on the Human Dimension of the CSCE in Moscow (1991). The responsible OSCE institution, the Office for Democratic Institutions and Human Rights, maintains an active list of experts as required by the Moscow Mechanism. ‡ The decision to create the Office for Free Elections was made at the Summit of Paris in 1990. The Office was opened in 1991.

XV The Human Dimension of the OSCE: An Introduction

permanent and close co-operation. ODIHR also assists OSCE field missions in their human dimen- sion activities, through training, the exchange of experiences, and regional co-ordination, and contributes to early warning and conflict prevention through its monitoring of the implementa- tion of OSCE human dimension commitments by participating States. For this purpose, it also provides regular human rights training for government authorities, civil society, and OSCE staff.

ODIHR also assists participating States with the implementation of international legal obliga- tions and OSCE commitments on anti-terrorism, in compliance with international human rights standards, and in implementing their commitments on tolerance and non-discrimination. In this context, it also supports efforts to respond to and combat hate crimes and incidents of racism, anti-Semitism, and other forms of intolerance, including against Muslims. ODIHR serves as the OSCE Contact Point for Roma and Sinti Issues and seeks to promote the full integration of Roma and Sinti into the societies in which they live. In all its activities, ODIHR develops policies and activities to ensure gender mainstreaming and implements activities designed to improve the sit- uation of women in the OSCE region.

In order to structure its human dimension activities, ODIHR organizes regular meetings that take stock of OSCE human dimension commitments and recommends follow-up. In all its activ- ities, ODIHR reaches out to a network of partners active in related areas, including international and local non-governmental human rights organizations, as well as international governmen- tal organizations, in particular the United Nations Office of the High Commissioner for Human Rights and the Council of Europe.

B. The High Commissioner on National Minorities

The OSCE High Commissioner on National Minorities, established in The Hague in 1992, is tasked to identify – and seeks early resolution of – ethnic tensions that might endanger peace, stability, or friendly relations between OSCE participating States.

Operating independently of all parties involved, the High Commissioner conducts on-site missions and engages in preventative diplomacy at the earliest stage of tensions. In addition to seeking first- hand information, the High Commissioner seeks to promote dialogue, confidence, and co-operation.

C. The Representative on Freedom of the Media

The OSCE Representative on Freedom of the Media assists participating States in furthering free, independent, and pluralistic media as one of the basic elements of a functioning pluralistic democ- racy. The Representative, whose office is in Vienna, observes media developments in all participating States and advocates and promotes compliance with relevant OSCE principles and commitments.

5. Concluding remarks

The OSCE participating States have created an impressive corpus of norms and principles in the area of the human dimension. OSCE documents constitute a wealth of important human rights commitments that have marked the Organization as a leading innovator in this field. It is hoped that the present publication will further promote the knowledge, as well as the implementation, of the many, often very detailed commitments that the OSCE participating States have entered into in the sphere of human rights and fundamental freedoms, the rule of law, and democracy.

XVI OSCE Documents Referred to in this Compilation

Final Act of the Conference on Security and Co-operation in Europe, Helsinki, 1 August 1975 (hereafter referred to as Helsinki 1975)

Concluding Document of Madrid — The Second Follow-up Meeting, Madrid, 6 September 1983 (hereafter referred to as Madrid 1983)

Concluding Document of Vienna — The Third Follow-up Meeting, Vienna, 15 January 1989 (hereafter referred to as Vienna 1989)

Report on the Meeting on the Protection of the Environment , Sofia, 3 November 1989 (hereafter referred to as Sofia 1989)

Document of the Bonn Conference on Economic Co-operation in Europe, Bonn, 11 April 1990 (hereafter referred to as Bonn 1990)

Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen, 29 June 1990 (hereafter referred to as Copenhagen 1990)

Charter of Paris for a New Europe/Supplementary Document to give effect to certain provisions contained in the Charter of Paris for a New Europe, Paris, 21 November 1990 (hereafter referred to as Paris 1990)

Document of the Cracow Symposium on the Cultural Heritage of the CSCE Participating States, Cracow, 6 June 1991 (hereafter referred to as Cracow 1991)

Report of the CSCE Meeting of Experts on National Minorities, Geneva, 19 July 1991 (hereafter referred to as Geneva 1991)

Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, Moscow, 3 October 1991 (hereafter referred to as Moscow 1991)

Document of the Second Meeting of the CSCE Council, Prague, 30–31 January 1992 (hereafter referred to as Prague 1992)

Concluding Document of Helsinki — The Fourth Follow-up Meeting, Helsinki, 10 July 1992 (hereafter referred to as Helsinki 1992)

XVII OSCE Documents Referred to in this Compilation

Document of the Third Meeting of the CSCE Council, Stockholm, 14–15 December 1992 (hereafter referred to as Stockholm 1992)

Document of the Fourth Meeting of the CSCE Council, Rome, 30 November-1 December 1993 (hereafter referred to as Rome 1993)

Concluding Document of Budapest, 6 December 1994 (hereafter referred to as Budapest 1994)

Lisbon Document, Lisbon, 3 December 1996 (hereafter referred to as Lisbon 1996)

Document of the Sixth Meeting of the Ministerial Council, Copenhagen, 18–19 December 1997 (hereafter referred to as Copenhagen 1997)

Document of the Seventh Meeting of the Ministerial Council, Oslo, 2–3 December 1998 (hereafter referred to as Oslo 1998)

Istanbul Document, Istanbul, 19 November 1999 (hereafter referred to as Istanbul 1999)

Document of the Eighth Meeting of the Ministerial Council, Vienna, 27–28 November 2000 (hereafter referred to as Vienna 2000)

Document of the Ninth Meeting of the Ministerial Council, Bucharest, 3–4 December 2001 (hereafter referred to as Bucharest 2001)

Document of the Tenth Meeting of the Ministerial Council, Porto, 6–7 December 2002 (hereafter referred to as Porto 2002)

Document of the Eleventh Meeting of the Ministerial Council, Maastricht, 1–2 December 2003 (hereafter referred to as Maastricht 2003)

Document of the Twelfth Meeting of the Ministerial Council, Sofia, 6–7 December 2004 (hereafter referred to as Sofia 2004)

Document of the Thirteenth Meeting of the Ministerial Council, Ljubljana, 5–6 December 2005 (hereafter referred to as Ljubljana 2005)

Document of the Fourteenth Meeting of the Ministerial Council, Brussels, 4–5 December 2006 (hereafter referred to as Brussels 2006)

Document of the Fifteenth Meeting of the Ministerial Council, Madrid, 29–30 November 2007 (hereafter referred to as Madrid 2007)

Document of the Sixteenth Meeting of the Ministerial Council, Helsinki, 4–5 December 2008 (hereafter referred to as Helsinki 2008)

Document of the Seventeenth Meeting of the Ministerial Council, Athens, 1–2 December 2009 (hereafter referred to as Athens 2009)

Astana Commemorative Declaration, Astana, 2 December 2010 (hereafter referred to as Astana 2010)

XVIII OSCE Documents Referred to in this Compilation

Document of the Eighteenth Meeting of the Ministerial Council, Vilnius, 7 December 2011 (hereafter referred to as Vilnius 2011)

Document of the Nineteenth Meeting of the Ministerial Council, Dublin, 7 December 2012 (hereafter referred to as Dublin 2012)

Document of the Twentieth Meeting of the Ministerial Council, Kyiv, 6 December 2013 (hereafter referred to as Kyiv 2013)

Document of the Twenty-First Meeting of the Ministerial Council, Basel, 5 December 2014 (hereafter referred to as Basel 2014)

Document of the Twenty-Second Meeting of the Ministerial Council, Belgrade, 4 December 2015 (hereafter referred to as Belgrade 2015)

Document of the Twenty-Third Meeting of the Ministerial Council, Hamburg, 9 December 2016 (hereafter referred to as Hamburg 2016)

Document of the Twenty-Fourth Meeting of the Ministerial Council, Vienna, 8 December 2017 (hereafter referred to as Vienna 2017)

Document of the Twenty-Fifth Meeting of the Ministerial Council, Milan, 7 December 2018 (hereafter referred to as Milan 2018)

Document of the Twenty-Seventh Meeting of the Ministerial Council, Tirana, 4 December 2020 (hereafter referred to as Tirana 2020)

XIX General Provisions Related to the Human Dimension 1. An Introduction to the Human Dimension 1 1.1 The Nature and Importance of the Human Dimension

1.1 The Nature and Importance of the Human Dimension

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States; Principles VII-IX)

The participating States recognize the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and co-operation among themselves as among all States. (…)

They will endeavour, in developing their co-operation as equals, to promote mutual understanding and confidence, friendly and good-neighbourly relations among themselves, international peace, security and justice. They will equally endeavour, in developing their cooperation, to improve the well-being of peoples and contribute to the fulfilment of their aspirations through, inter alia, the benefits resulting from increased mutual knowledge and from progress and achievement in the economic, scientific, technological, social, cultural and humanitarian fields. They will take steps to promote conditions favourable to making these benefits available to all; they will take into account the interest of all in the narrowing of differences in the levels of economic development, and in particular the interest of developing countries throughout the world.

Copenhagen 1990 (Preamble)

The participating States express their conviction that full respect for human rights and fundamen- tal freedoms and the development of societies based on pluralistic democracy and the rule of law are prerequisites for progress in setting up the lasting order of peace, security, justice and co-op- eration that they seek to establish in Europe.

I (1) The participating States express their conviction that the protection and promotion of human rights and fundamental freedoms is one of the basic purposes of government, and reaffirm that the recognition of these rights and freedoms constitutes the foundation of freedom, justice and peace. (…)

V (41) The participating States reaffirm their commitment to the human dimension of the CSCE and emphasize its importance as an integral part of a balanced approach to security and co‑opera tion in Europe (…)

Paris 1990 (A New Era of Democracy, Peace and Unity)

We declare our respect for human rights and fundamental freedoms to be irrevocable (...)

Helsinki 1992 (Summit Declaration)

6. We welcome the commitment of all participating States to our shared values. Respect for human rights and fundamental freedoms, including the rights of persons belonging to national minori- ties, democracy, the rule of law, economic liberty, social justice and environmental responsibility are our common aims. They are immutable (…)

3 1.1 The Nature and Importance of the Human Dimension

21. Our approach is based on our comprehensive concept of security as initiated in the Final Act.

This concept relates the maintenance of peace to the respect for human rights and fundamental free- doms. It links economic and environmental solidarity and co-operation with peaceful inter-State relations. This is equally valid in managing change as it was necessary in mitigating confrontation.

Section VI: The Human Dimension

Budapest 1994 (Summit Declaration)

14. We confirm the significance of the Human Dimension in all the activities of the CSCE. Respect for human rights and fundamental freedoms, democracy and the rule of law is an essential compo- nent of security and co-operation in the CSCE region. It must remain a primary goal of CSCE action (…) We underline the importance of human contacts in overcoming the legacy of old divisions.

Budapest 1994 (Decisions: VIII. The Human Dimension)

2. Human rights and fundamental freedoms, the rule of law and democratic institutions are the foundations of peace and security, representing a crucial contribution to conflict prevention, within a comprehensive concept of security. The protection of human rights, including the rights of per- sons belonging to national minorities, is an essential foundation of democratic civil society. Neglect of these rights has, in severe cases, contributed to extremism, regional instability and conflict (…)

Istanbul 1999 (Charter for European Security: II. Our Common Foundations)

7. We reaffirm our full adherence to the Charter of the United Nations, and to the Helsinki Final Act, the Charter of Paris and all other OSCE documents to which we have agreed. These docu- ments represent our common commitments and are the foundation for our work (…) They estab- lished clear standards for participating States’ treatment of each other and of all individuals within their territories (…) Their implementation in good faith is essential for relations between States, between governments and their peoples, as well as between the organizations of which they are members (…) We regard these commitments as our common achievement (…) (…)

9. We will build our relations in conformity with the concept of common and comprehensive secu- rity, guided by equal partnership, solidarity and transparency. The security of each participating State is inseparably linked to that of all others. We will address the human, economic, political and military dimensions of security as an integral whole.

4 1 1.1 The Nature and Importance of the Human Dimension

Porto 2002 (Ministerial Declaration)

3. (…) our Organization must develop new responses to the changing nature of the threats to our security, embracing and enhancing all three dimensions of our comprehensive approach. Our efforts to promote peace and stability must go hand in hand with our determination to ensure full respect for human rights, fundamental freedoms and the rule of law, and to reinforce the condi- tions essential for sustainable development in all our States.

Maastricht 2003 (I. OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century; Threats to security and stability in the twenty-first century)

4. Respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security. Strong democratic institutions and the rule of law play an important role in preventing threats from arising. Weak governance, and a failure by States to secure adequate and functioning democratic institutions that can promote stability, may in themselves constitute a breeding ground for a range of threats. Equally, systematic viola- tions of human rights and fundamental freedoms, including the rights of persons belonging to national minorities, can give rise to a wide range of potential threats. (…)

8. Against this background, it is clear that the OSCE’s comprehensive approach to security, cov- ering the politico-military, economic and environmental and human dimensions retains its full validity and should be maintained and further strengthened.

9. (…) Non-compliance with international law and with OSCE norms and principles, as well as a range of factors within the politico-military, economic and environmental and human dimen- sions lie behind the immediate causes of violent conflict.

Astana 2010

1. We, the Heads of State or Government of the 56 participating States of the OSCE, have assem- bled in Astana, eleven years after the last OSCE Summit in Istanbul, to recommit ourselves to the vision of a free, democratic, common and indivisible Euro-Atlantic and Eurasian security commu- nity stretching from Vancouver to Vladivostok, rooted in agreed principles, shared commitments and common goals. As we mark the 35th anniversary of the Helsinki Final Act and the 20th anni- versary of the Charter of Paris for a New Europe, we reaffirm the relevance of, and our commit- ment to, the principles on which this Organization is based. While we have made much progress, we also acknowledge that more must be done to ensure full respect for, and implementation of, these core principles and commitments that we have undertaken in the politico-military dimen- sion, the economic and environmental dimension, and the human dimension, notably in the areas of human rights and fundamental freedoms.

2. We reaffirm our full adherence to the Charter of the United Nations and to all OSCE norms, principles and commitments, starting from the Helsinki Final Act, the Charter of Paris, the Char- ter for European Security and all other OSCE documents to which we have agreed, and our respon- sibility to implement them fully and in good faith. We reiterate our commitment to the concept, initiated in the Final Act, of comprehensive, co-operative, equal and indivisible security, which relates the maintenance of peace to the respect for human rights and fundamental freedoms, and links economic and environmental co-operation with peaceful inter-State relations. (…)

5 1.2 The Human Dimension as a Matter of Direct and Legitimate International Concern

4. These norms, principles and commitments have enabled us to make progress in putting old confrontations behind us and in moving us closer to democracy, peace and unity throughout the OSCE area. They must continue to guide us in the 21st century as we work together to make the ambitious vision of Helsinki and Paris a reality for all our peoples. These and all other OSCE doc- uments establish clear standards for the participating States in their treatment of each other and of all individuals within their territories.(…) (…)

6. The OSCE’s comprehensive and co-operative approach to security, which addresses the human, economic and environmental, political and military dimensions of security as an integral whole, remains indispensable. Convinced that the inherent dignity of the individual is at the core of com- prehensive security, we reiterate that human rights and fundamental freedoms are inalienable, and that their protection and promotion is our first responsibility. (…)

1.2 The Human Dimension as a Matter of Direct and Legitimate International Concern

Moscow 1991 (Preamble)

The participating States emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and free- doms constitutes one of the foundations of the international order. They categorically and irrevo- cably declare that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclu- sively to the internal affairs of the State concerned.

Lisbon 1996 (Declaration on a Common and Comprehensive Security Model for Europe for the Twenty-First Century)

5. We recognize that, within the OSCE, States are accountable to their citizens and responsible to each other for their implementation of OSCE commitments.

Istanbul 1999 (Charter for European Security: II. Our Common Foundations)

7. (…) All OSCE commitments, without exception, apply equally to each participating State (…) We regard these commitments as our common achievement and therefore consider them to be matters of immediate and legitimate concern to all participating States.

Astana 2010

3. (…) We further reaffirm that all OSCE principles and commitments, without exception, apply equally to each participating State (…) We regard these commitments as our common achieve- ment, and therefore consider them to be matters of immediate and legitimate concern to all par- ticipating States.

6 1 1.2 The Human Dimension as a Matter of Direct and Legitimate International Concern

6. (…). We reaffirm categorically and irrevocably that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. (…)

7 2. Implementation Commitments 2.1 The Obligation to Implement

2.1 The Obligation to Implement

Helsinki 1975 (Questions relating to Security in Europe: 1.(a) Declaration on Principles Guiding 2 Relations between Participating States – Principles VII-X)

[The participating States] (…) will constantly respect these rights and freedoms in their mutual relations and will endeavour jointly and separately, including in co-operation with the United Nations, to promote universal and effective respect for them. (…)

(…) In exercising their sovereign rights, including the right to determine their laws and regula- tions, they will conform with their legal obligations under international law; they will furthermore pay due regard to and implement the provisions in the Final Act of the Conference on Security and Cooperation in Europe. (…)

All the principles set forth above are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others.

The participating States express their determination fully to respect and apply these principles, as set forth in the present Declaration, in all aspects, to their mutual relations and cooperation in order to ensure to each participating State the benefits resulting from the respect and application of these principles by all.

Madrid 1983 (Questions Relating to Security in Europe: Preamble)

The participating States express their determination (…)

To fulfil consistently all the provisions under the Final Act and, in particular, strictly and unre- servedly to respect and put into practice all the ten principles contained in the Declaration on Prin- ciples Guiding Relations between Participating States, irrespective of their political, economic or social systems, as well as of their size, geographical location or level of economic development (…)

Madrid 1983 (Questions Relating to Security in Europe: Principles)

The participating States stress their determination to promote and encourage the effective exer- cise of human rights and fundamental freedoms, all of which derive from the inherent dignity of the human person and are essential for his free and full development and to assure constant and tangible progress in accordance with the Final Act, aiming at further and steady development in this field in all participating States, irrespective of their political, economic and social systems.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We declare our respect for human rights and fundamental freedoms to be irrevocable. We will fully implement and build upon the provisions relating to the human dimension of the CSCE.

9 2.1 The Obligation to Implement

Moscow 1991 (Preamble)

Helsinki 1992 (Summit Declaration)

6. (…) Adherence to our commitments provides the basis for participation and co-operation in the CSCE and a cornerstone for further development of our societies.

Istanbul 1999 (Charter for European Security: II. Our Common Foundations)

7. We reaffirm our full adherence to the Charter of the United Nations, and to the Helsinki Final Act, the Charter of Paris and all other OSCE documents to which we have agreed. These docu- ments represent our common commitments and are the foundation for our work (…) All OSCE commitments, without exception, apply equally to each participating State. Their implementation in good faith is essential for relations between States, between governments and their peoples, as well as between the organizations of which they are members. Participating States are accounta- ble to their citizens and responsible to each other for their implementation of their OSCE commit- ments. We regard these commitments as our common achievement and therefore consider them to be matters of immediate and legitimate concern to all participating States.

Brussels 2006 (Decision No. 19/06 on Strengthening the Effectiveness of the OSCE)

The Ministerial Council, (…)

3. Reminds the participating States that they should keep their legislation and practices in line with OSCE commitments;

4. Takes note of the assessment regarding the present state of implementation of existing commit- ments by participating States and emphasizes, in particular, that participating States themselves are responsible for the effective implementation of their commitments undertaken in the OSCE. The ODIHR, in this respect, plays an important role in assisting them; (…)

Astana 2010

1. (…) As we mark the 35th anniversary of the Helsinki Final Act and the 20th anniversary of the Charter of Paris for a New Europe, we reaffirm the relevance of, and our commitment to, the prin- ciples on which this Organization is based. While we have made much progress, we also acknowl- edge that more must be done to ensure full respect for, and implementation of, these core principles and commitments that we have undertaken in the politico-military dimension, the economic and environmental dimension, and the human dimension, notably in the areas of human rights and fundamental freedoms.

2. We reaffirm our full adherence to the Charter of the United Nations and to all OSCE norms, principles and commitments, starting from the Helsinki Final Act, the Charter of Paris, the Charter

10 2.2 Methods of Implementation

for European Security and all other OSCE documents to which we have agreed, and our respon- sibility to implement them fully and in good faith. (…) 2 3. (…). We further reaffirm that all OSCE principles and commitments, without exception, apply equally to each participating State, and we emphasize that we are accountable to our citizens and responsible to each other for their full implementation. We regard these commitments as our com- mon achievement, and therefore consider them to be matters of immediate and legitimate con- cern to all participating States.

6. (…) Convinced that the inherent dignity of the individual is at the core of comprehensive secu- rity, we reiterate that human rights and fundamental freedoms are inalienable, and that their pro- tection and promotion is our first responsibility.

2.2 Methods of Implementation

2.2.1 General Provisions, Including Human Rights Education

Helsinki 1975 (Follow-up to the Conference)

The participating States, (…)

1. Declare their resolve, in the period following the Conference, to pay due regard to and imple- ment the provisions of the Final Act of the Conference: (a) unilaterally, in all cases which lend themselves to such action; (b) bilaterally, by negotiations with other participating States; (c) multilaterally, by meetings of experts of the participating States, and also within the frame- work of existing international organizations, such as the United Nations Economic Commission for Europe and UNESCO, with regard to educational, scientific and cultural co-operation;

2. Declare furthermore their resolve to continue the multilateral process initiated by the Conference: (a) by proceeding to a thorough exchange of views both on the implementation of the provisions of the Final Act and of the tasks defined by the Conference (…) (…)

11 2.2.1 General Provisions, Including Human Rights Education

The text of this Final Act will be published in each participating State, which will disseminate it and make it known as widely as possible.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

They reaffirm their determination fully to respect and apply these principles and accordingly, to promote by all means, both in law and practice, their increased effectiveness. They consider that one such means could be to give legislative expression – in forms appropriate to practices and pro- cedures specific to each country – to the ten principles set forth in the Final Act. (…)

They reaffirm the particular significance of the Universal Declaration of Human Rights, the inter- national Covenants on Human Rights and other relevant international instruments of their joint and separate efforts to stimulate and develop universal respect for human rights and fundamen- tal freedoms; they call on all participating States to act in conformity with those international instruments and on those participating States, which have not yet done so, to consider the possi- bility of acceding to the covenants.

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (…) (5.21) – in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of indi- vidual recourse to international bodies.

Moscow 1991

(42) The participating States (42.1) – affirm that human rights education is fundamental and that it is therefore essential that their citizens are educated on human rights and fundamental freedoms and the commitment to respect such rights and freedoms in domestic legislation and international instruments to which they may be parties; (42.2) – recognize that effective human rights education contributes to combating intolerance, reli- gious, racial and ethnic prejudice and hatred, including against Roma, xenophobia and anti-sem- itism; (42.3) – will encourage their competent authorities responsible for education programmes to design effective human rights related curricula and courses for students at all levels, particularly students of law, administration and social sciences as well as those attending military, police and public service schools; (42.4) – will make information on all CSCE human dimension provisions available to their educators;

12 2.2.1 General Provisions, Including Human Rights Education

(42.5) – will encourage organizations and educational establishments to co-operate in drawing up and exchanging human rights programmes at the national as well as the international level; (42.6) – will seek to ensure that activities undertaken with a view to promoting human rights edu- 2 cation in the broader sense take into account experience, programmes and forms of co-operation within existing international governmental and non-governmental bodies, such as the United Nations and the Council of Europe.

Ljubljana 2005 (Decision No. 11/05 on Promoting of Human Rights Education and Training in the OSCE Area)

The Ministerial Council, (…)

Recognizing that the promotion of human rights through education and training in the whole OSCE area could be viewed in the context of the OSCE’s comprehensive concept of security and is vital for the strengthening of respect for human rights and fundamental freedoms, as well as for the promotion of tolerance and non-discrimination,

Acknowledging the added value of multifaceted cooperation, including consultation, coopera- tion and coordination with relevant international and regional organizations, as well as the bene- fits that countries can derive from each other’s experiences and capabilities in the field of human rights education and training,

Taking into account the efforts of other international organizations, including the UN’s World Pro- gramme for Human Rights Education the Council of Europe’s Programme on Education for Dem- ocratic Citizenship as well as its youth programme All Different, All Equal, and the EU’s European Initiative for Democracy and Human Rights, as well as programmes undertaken at the national level,

Recognizing the contribution of the ODIHR and other OSCE structures, institutions and field oper- ations, in promoting human rights education and training, in cooperation with participating States,

Dedicated to further strengthening the efforts by the OSCE to promote human rights education and training programmes in the OSCE area, as well as to extend the Organization’s support to participating States upon their request in carrying out their respective national programmes in the field of human rights education,

Invites participating States with the involvement of civil society to further enhance systematic human rights education and training programmes designed to promote respect for the inherent dignity of all human beings, and to make human rights a reality for each person in every com- munity and in society at large;

Decides to enhance the OSCE’s efforts in co-operation with other international organizations and non-governmental organizations in taking necessary measures aimed at promoting human rights education and training, with special emphasis on the young people in the OSCE area; (…)

13 2.2.2 Review of Implementation

2.2.2 Review of Implementation

Helsinki 1992 (Decisions: I. Strengthening CSCE Institutions and Structures)

(26) Thorough review of the implementation of CSCE commitments will continue to play a prom- inent role in CSCE activities, thus enhancing co-operation among participating States.

(27) Reviews of implementation will be held regularly at review conferences as well as at special meetings convened for this purpose at the ODIHR and the CPC (…) as provided for in the rele- vant CSCE documents.

(28) These reviews of implementation will be of a co-operative nature, comprehensive in scope and at the same time able to address specific issues.

(29) The participating States will be invited to offer contributions on their implementation expe- rience, with particular reference to difficulties encountered, and to provide their views of imple- mentation throughout the CSCE area. Participating States are encouraged to circulate descriptions of contributions in advance of the meeting.

(30) Reviews should offer the opportunity to identify action which may be required to address problems. Meetings at which reviews of implementation take place may draw to the attention of the CSO any suggestions for measures to improve implementation which they deem advisable.

Budapest 1994 (Summit Declaration)

14. (…) Periodic reviews of implementation of our commitments, fundamental throughout the CSCE, are critical in the Human Dimension.

Budapest 1994 (Decisions: VIII. The Human Dimension)

6. They encourage the Chairman-in-Office to inform the Permanent Council of serious cases of alleged non-implementation of human dimension commitments, including on the basis of infor- mation from the ODIHR, reports and recommendations of the High Commissioner on National Minorities (HCNM), or reports of the head of a CSCE mission and information from the State concerned.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

14. (…) We individually confirm our willingness to comply fully with our commitments. We also have a joint responsibility to uphold OSCE principles (…) We will co-operate in a spirit of solidar- ity and partnership in a continuing review of implementation (…)

14 2.2.2 Review of Implementation

Brussels 2006 (Decision No. 17/06 on Improvement of the Consultative Process)

The Ministerial Council, 2 (…)

Decides to establish the following committees as informal subsidiary bodies of the Permanent Council: (…)

A Human Dimension Committee, which will perform the following tasks:

Discuss human dimension issues, including implementation of the commitments of the partici- pating States;

Support the preparation of the Human Dimension Implementation Meetings and other human dimension meetings;

Consider, when so requested by the Chairmanship in consultation with participating States, cross-di- mensional issues with a particular connection to the human dimension;

Discuss recommendations to the Permanent Council on the programme of work, including actions to follow up on recommendations made at the human dimension meetings;

Further decides that:

At the beginning of each year, the Chairmanship, in consultation with the participating States, will further clarify the tasks of the above-mentioned Committees and establish a work programme reflecting the objectives and priorities of the Organization, also taking into account the need to ensure adequate coverage of the cross-dimensional issues under consideration. (…)

The above-mentioned Committees will meet in an informal format and will report, provide advice, make recommendations and prepare relevant decisions for the Permanent Council through the Preparatory Committee. The relevant provisions of the OSCE Rules of Procedure, in particular Chapter V(A), will apply to the work of the Committees. (…)

As a rule, each Committee will meet at least once a month. At the initiative of the Chairmanship, or of the chairperson of the Committee, or at the request of one or more participating States, each Committee may meet as frequently as necessary, based on the need for consultations or the neces- sity to prepare for decision-making by the Permanent Council. The Chairmanship and chairpersons of the Committees will avoid convening meetings of informal subsidiary bodies simultaneously.

The Committees will examine issues within their competence at the request of the Chairmanship, the Permanent Council or one or more participating States.

Paragraphs 6 to 9 of Chapter V(A) of the OSCE Rules of Procedure will apply with regard to par- ticipation in meetings of the three newly established Committees in the same way as they apply to participation in meetings of the Preparatory Committee.

15 2.2.3 Observation

The Secretariat of the OSCE will provide support for the activities of the Committees.

This decision will be applicable for a period of one year from 1 January 2007. It will be subject to review by the Permanent Council at the end of 2007, with a view to deciding on its possible exten- sion taking into account the experience gained with the new structure.

Brussels 2006 (Decision No. 19/06 on Strengthening the Effectiveness of the OSCE)

The Ministerial Council, (…)

2. Recognizes that the ODIHR, in implementing its mandate, has demonstrated its ability to assist participating States in fulfilling their human dimension commitments;

3. Reminds the participating States that they should keep their legislation and practices in line with OSCE commitments;

5. Tasks the Permanent Council, taking into account the recommendations by ODIHR and other relevant OSCE institutions, to address the implementation challenges in the areas outlined in the report, considering making better use of ODIHR assistance; (…)

2.2.3 Observation

Copenhagen 1990

(8) The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceed- ings, to the extent permitted by law. They will also endeavour to facilitate similar access for elec- tion proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings. (…)

(12) The participating States, wishing to ensure greater transparency in the implementation of the commitments undertaken in the Vienna Concluding Document under the heading of the human dimension of the CSCE, decide to accept as a confidence building measure the presence of observers sent by participating States and representatives of non-governmental organizations and other inter- ested persons at proceedings before courts as provided for in national legislation and international law; it is understood that proceedings may only be held in camera in the circumstances prescribed by law and consistent with obligations under international law and international commitments.

16 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

Istanbul 1999 (Charter for European Security: III. Our Common Response) 2 14. (…) We individually confirm our willingness to comply fully with our commitments. We also have a joint responsibility to uphold OSCE principles. We (…) stand ready to use OSCE instru- ments, tools and mechanisms (…) We will co-operate in a spirit of solidarity and partnership in a continuing review of implementation.

A. Vienna Mechanism

Vienna 1989 (Human Dimension of the CSCE)

The participating States,

Recalling the undertakings entered into in the Final Act and in other CSCE documents concern- ing respect for all human rights and fundamental freedoms, human contacts and other issues of a related humanitarian character,

Recognizing the need to improve the implementation of their CSCE commitments and their co-operation in these areas which are hereafter referred to as the human dimension of the CSCE,

Have, on the basis of the principles and provisions of the Final Act and of other relevant CSCE documents, decided:

1. to exchange information and respond to requests for information and to representations made to them by other participating States on questions relating to the human dimension of the CSCE. Such communications may be forwarded through diplomatic channels or be addressed to any agency designated for these purposes;

2. to hold bilateral meetings with other participating States that so request, in order to examine questions relating to the human dimension of the CSCE, including situations and specific cases, with a view to resolving them. The date and place of such meetings will be arranged by mutual agreement through diplomatic channels;

3. that any participating State which deems it necessary may bring situations and cases in the human dimension of the CSCE, including those which have been raised at the bilateral meetings described in paragraph 2, to the attention of other participating States through diplomatic channels;

4. that any participating State which deems it necessary may provide information on the exchanges of information and the responses to its requests for information and to representations (paragraph 1) and on the results of the bilateral meetings (paragraph 2), including information concerning situations and specific cases, at the meetings of the Conference on the Human Dimension as well as at the main CSCE Follow-up Meeting. (…)

17 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

Copenhagen 1990

(42) The participating States recognize the need to enhance further the effectiveness of the proce- dures described in paragraphs 1 to 4 of the section on the human dimension of the CSCE of the Vienna Concluding Document and with this aim decide (42.1) – to provide in as short a time as possible, but no later than four weeks, a written response to requests for information and to representations made to them in writing by other participat- ing States under paragraph 1; (42.2) – that the bilateral meetings, as contained in paragraph 2, will take place as soon as possi- ble, as a rule within three weeks of the date of the request; (42.3) – to refrain, in the course of a bilateral meeting held under paragraph 2, from raising situa- tions and cases not connected with the subject of the meeting, unless both sides have agreed to do so.

B. Moscow Mechanism

Moscow 1991 (Preamble & Section I – as modified by Rome 1993)

In order to strengthen and expand the human dimension mechanism described in the section on the human dimension of the CSCE in the Concluding Document of the Vienna Meeting and to build upon and deepen the commitments set forth in the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, the participating States adopt the following: (…)

(1) The participating States emphasize that the human dimension mechanism described in para- graphs 1 to 4 of the section on the human dimension of the CSCE in the Vienna Concluding Doc- ument constitutes an essential achievement of the CSCE process, having demonstrated its value as a method of furthering respect for human rights, fundamental freedoms, democracy and the rule of law through dialogue and co-operation and assisting in the resolution of specific relevant ques- tions. In order to improve further the implementation of the CSCE commitments in the human dimension, they decide to enhance the effectiveness of this mechanism and to strengthen and expand it as outlined in the following paragraphs.

(2) The participating States amend paragraphs 42.1 and 42.2 of the Document of the Copenha- gen Meeting to the effect that they will provide in the shortest possible time, but no later than ten days, a written response to requests for information and to representations made to them in writ- ing by other participating States under paragraph 1 of the human dimension mechanism. Bilat- eral meetings, as referred to in paragraph 2 of the human dimension mechanism, will take place as soon as possible, and as a rule within one week of the date of the request.

(3) A resource list comprising up to six experts appointed by each participating State will be estab- lished without delay at the CSCE Institution*. The experts will be eminent persons, including where possible experts with experience related to national minority issues, preferably experienced in the field of the human dimension, from whom an impartial performance of their functions may be expected.

The experts will be appointed for a period of three to six years at the discretion of the appointing State, no expert serving more than two consecutive terms. Within four weeks after notification by

* The Council will take the decision on the institution.

18 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

the CSCE Institution of the appointment, any participating State may make reservations regarding no more than two experts to be appointed by another participating state. In such case, the appoint- ing State may, within four weeks of being notified of such reservations, reconsider its decision and 2 appoint another expert or experts; if it confirms the appointment originally intended, the expert concerned cannot take part in any procedure with respect to the State having made the reserva- tion without the latter’s express consent.

The resource list will become operational as soon as 45 experts have been appointed.

(4) A participating State may invite the assistance of a CSCE mission, consisting of up to three experts, to address or contribute to the resolution of questions in its territory relating to the human dimension of the CSCE. In such case, the State will select the person or persons concerned from the resource list. The mission of experts will not include the participating State’s own nationals or residents or any of the persons it appointed to the resource list or more than one national or res- ident of any particular State.

The inviting State will inform without delay the CSCE Institution when a mission of experts is established, which in turn will notify all participating States. The CSCE institutions will also, whenever necessary, provide appropriate support to such a mission.

(5) The purpose of a mission of experts is to facilitate resolution of a particular question or prob- lem relating to the human dimension of the CSCE. Such mission may gather the information nec- essary for carrying out its tasks and, as appropriate, use its good offices and mediation services to promote dialogue and co-operation among interested parties. The State concerned will agree with the mission on the precise terms of reference and may thus assign any further functions to the mission of experts, inter alia, fact-finding and advisory services, in order to suggest ways and means of facilitating the observance of CSCE commitments.

(6) The inviting State will co-operate fully with the mission of experts and facilitate its work. It will grant the mission all the facilities necessary for the independent exercise of its functions. It will, inter alia, allow the mission, for the purpose of carrying out its tasks, to enter its territory without delay, to hold discussions and to travel freely therein, to meet freely with officials, nongovernmental organizations and any group or person from whom it wishes to receive information. The mission may also receive information in confidence from any individual, group or organization on questions it is addressing. The members of such missions will respect the confidential nature of their task.

The participating States will refrain from any action against persons, organizations or institutions on account of their contact with the mission of experts or of any publicly available information transmitted to it. The inviting State will comply with any request from a mission of experts to be accompanied by officials of that State if the mission considers this to be necessary to facilitate its work or guarantee its safety.

(7) The mission of experts will submit its observations to the inviting State as soon as possible, pref- erably within three weeks after the mission has been established. The inviting State will transmit the observations of the mission, together with a description of any action it has taken or intends to take upon it, to the other participating States via the CSCE Institution no later than two weeks after the submission of the observations.

These observations and any comments by the inviting State may be discussed by the Committee of Senior Officials, which may consider any possible follow-up action. The observations and com- ments will remain confidential until brought to the attention of the Senior Officials. Before the

19 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

circulation of the observations and any comments, no other mission of experts may be appointed for the same issue.

(8) Furthermore, one or more participating States, having put into effect paragraphs 1 or 2 of the human dimension mechanism, may request that the CSCE Institution inquire of another partic- ipating State whether it would agree to invite a mission of experts to address a particular, clearly defined question on its territory relating to the human dimension of the CSCE. If the other par- ticipating State agrees to invite a mission of experts for the purpose indicated, the procedure set forth in paragraphs 4 to 7 will apply.

(9) If a participating State (a) has directed an enquiry under paragraph 8 to another participating State and that State has not established a mission of experts within a period of ten days after the enquiry has been made, or (b) judges that the issue in question has not been resolved as a result of a mission of experts, it may, with the support of at least five other participating States, initiate the establishment of a mission of up to three CSCE rapporteurs. Such a decision will be addressed to the CSCE Institution, which will notify without delay the State concerned as well as all the other participating States.

(10) The requesting State or States may appoint one person from the resource list to serve as a CSCE rapporteur. The requested State may, if it so chooses, appoint a further rapporteur from the resource list within six days after notification by the CSCE Institution of the appointment of the rapporteur. In such case the two designated rapporteurs, who will not be nationals or resi- dents of, or persons appointed to the resource list by any of the States concerned, will by common agreement and without delay appoint a third rapporteur from the resource list. In case they fail to reach agreement within eight days, a third rapporteur who will not be a national or resident of, or a person appointed to the resource list by any of the States concerned, will be appointed from the resource list by the ranking official of the CSCE body designated by the Council. The provisions of the second part of paragraph 4 and the whole of paragraph 6 also apply to a mission of rapporteurs.

(11) The CSCE rapporteur(s) will establish the facts, report on them and may give advice on pos- sible solutions to the question raised. The report of the rapporteur(s), containing observations of facts, proposals or advice, will be submitted to the participating State or States concerned and, unless all the States concerned agree otherwise, to the CSCE Institution no later than two weeks after the last rapporteur has been appointed. The requested State will submit any observations on the report to the CSCE Institution, unless all the States concerned agree otherwise, no later than two weeks after the submission of the report.

The CSCE Institution will transmit the report, as well as any observations by the requested State or any other participating State, to all participating States without delay. The report will be placed on the agenda of the next regular meeting of the Committee of Senior Officials or of the Perma- nent Committee of the CSCE, which may decide on any possible follow-up action. The report will remain confidential until after that meeting of the Committee. Before the circulation of the report no other rapporteur may be appointed for the same issue.

(12) If a participating State considers that a particularly serious threat to the fulfilment of the pro- visions of the CSCE human dimension has arisen in another participating State, it may, with the support of at least nine other participating States, engage the procedure set forth in paragraph 10. The provisions of paragraph 11 will apply.

(13) Upon the request of any participating State the Committee of Senior Officials or the Perma- nent Committee of the CSCE may decide to establish a mission of experts or of CSCE rapporteurs.

20 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

In such case the Committee will also determine whether to apply the appropriate provisions of the preceding paragraphs. 2 (14) The participating State or States that have requested the establishment of a mission of experts or rapporteurs will cover the expenses of that mission. In case of the appointment of experts or rapporteurs pursuant to a decision of the Committee of Senior Officials or of the Permanent Com- mittee of the CSCE, the expenses will be covered by the participating States in accordance with the usual scale of distribution of expenses. These procedures will be reviewed by the Helsinki Fol- low-up Meeting of the CSCE.

(15) Nothing in the foregoing will in any way affect the right of participating States to raise within the CSCE process any issue relating to the implementation of any CSCE commitment, including any commitment relating to the human dimension of the CSCE.

(16) In considering whether to invoke the procedures in paragraphs 9 and 10 or 12 regarding the case of an individual, participating States should pay due regard to whether that individual’s case is already sub judice in an international judicial procedure.

Prague 1992 (Document on Further Development of CSCE Institutions and Structures: III. Human Dimension)

14. The Office for Democratic Institutions and Human Rights is designated as the CSCE institu- tion charged with the tasks in connection with expert and rapporteur missions according to the Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE.

Helsinki 1992 (Decisions: VI. The Human Dimension)

(5) Under the general guidance of the CSO (…) the ODIHR will, as the main institution of the Human Dimension: (5a) assist the monitoring of implementation of commitments in the Human Dimension by: serving as a venue for bilateral meetings under paragraph 2 and as a channel for information under paragraph 3 of the Human Dimension Mechanism as set out in the Vienna Concluding Document; (…) (5b) act as a clearing-house for information on: a state of public emergency according to paragraph 28.10 of the Document of the Moscow Meet- ing of the Conference on the Human Dimension; (…)

(7) In order to align the Human Dimension Mechanism with present CSCE structures and insti- tutions the participating States decide that:

Any participating State which deems it necessary may provide information on situations and cases which have been the subject of requests under paragraphs 1 or 2 of the chapter entitled the “Human Dimension of the CSCE” of the Vienna Concluding Document or on the results of those procedures, to the participating States through the ODIHR – which can equally serve as a venue for bilateral meetings under paragraph 2 – or diplomatic channels. Such information may be dis- cussed at Meetings of the CSO, at implementation meetings on Human Dimension issues and review conferences (…)

21 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

Implementation meetings on Human Dimension issues

(8) Procedures concerning the covering of expenses of expert and rapporteur missions of the Human Dimension Mechanism may be considered by the next review conference in the light of experience gained.

(9) Every year in which a review conference does not take place, the ODIHR will organize a three- week meeting at expert-level of all participating States at its seat to review implementation of CSCE Human Dimension commitments. The meeting will perform the following tasks: (9a) a thorough exchange of views on the implementation of Human Dimension commitments, including discussion on the information provided in accordance with paragraph 4 of the Human Dimension Mechanism (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

5. Building on the implementation review structures in the Helsinki Document 1992 and to improve human dimension implementation, the participating States will use the Permanent Council for an enhanced dialogue on the human dimension and for possible action in cases of non-imple- mentation. To this end, the participating States decide that human dimension issues will be regu- larly dealt with by the Permanent Council. They will draw more widely on the possibilities offered by the Moscow Mechanism for examining or promoting the solution of questions relating to the human dimension on their territory.

C. Counter-Terrorism Network

Maastricht 2003 (Decision No. 6/03 on Terms of Reference for the OSCE Counter-Terrorism Network)

The Ministerial Council,

Decides to establish the OSCE Counter-Terrorism Network (CTN) in accordance with the terms of reference for the Network contained in the annex to this decision.

(Annex to Decision No. 6/03: OSCE Counter-Terrorism Network: Terms of Reference)

The primary purpose of the OSCE Counter-Terrorism Network (CTN) is to promote the strength- ening of co-ordination of counter-terrorism measures and information-sharing between OSCE participating States. In particular, it aims to strengthen the liaison between the delegations of participating States, counter-terrorism officials in capitals and the OSCE Action against Terror- ism Unit (ATU).* The Network facilitates timely exchanges of information on counter-terrorism

* The United Nations Counter-Terrorism Committee (CTC) has supported the development of such regional net- works to strengthen co-operation and co-ordination. The Secretariat of the Inter-American Committee against Terrorism (CICTE), within the Organization of American States, has already developed a regional hemispheric

22 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

programmes, training and legal developments initiated by the OSCE and participating States, as well as on open-source analyses concerning trends in terrorist phenomena. The primary emphasis will be placed on supporting and supplementing the work of the United Nations Security Council 2 Counter-Terrorism Committee in implementing Security Council resolution 1373. The CTN is not intended to be a conduit for intelligence or other sensitive information, nor does it seek to dupli- cate functions of other international and regional law-enforcement networks.

Each government will designate a principal liaison to serve, through its OSCE delegation, as the principal contact point with the ATU on counter-terrorism matters. The principal liaison will ensure that communications from the ATU are forwarded to the appropriate government author- ities in the capital concerned, and that the ATU and delegations are similarly informed in a timely manner of relevant developments in the participating State. In order to foster co-ordination, com- munications through the Counter-Terrorism Network passing between the ATU and a princi- pal liaison will in principle be transmitted through the OSCE delegation of the State concerned.

Responsibilities of the ATU

1. Inform participating States of bilateral as well as multilateral training opportunities related to counter-terrorism matters, and work with principal liaisons to take full advantage of such pro- grammes.

2. Co-ordinate and facilitate OSCE counter-terrorism activities, including capacity-building assis- tance programmes, training and contingency-preparedness workshops, with a view to effectively utilizing resources and averting duplication.

3. Respond to information and requests for action from principal liaisons in a timely manner.

4. Ensure that, through the delegations, the principal liaisons are kept fully informed of develop- ments regarding significant counter-terrorism matters that affect the OSCE region, by means of regu- lar distribution by email of an ATU newsletter and of regular updates of the OSCE ATU home page.

5. Co-ordinate with the principal liaison, through the delegation concerned, when an OSCE ATU official travels to a participating State in connection with terrorism-related matters.

Responsibilities of principal liaisons

1. Ensure that communications from the ATU reach the appropriate government offices, and that responses to the ATU are forwarded in a timely manner.

2. Provide information to the ATU about significant national developments regarding action to combat terrorism, including new counter-terrorism legislation*, counter-terrorism training or assistance programmes and examples of national “best practices”.

3. Communicate information on seminars, workshops and conferences related to counter-terror- ism concerns that participating States may host, and that are open to outside participation.

network of national points of contact. The ATU is grateful for and acknowledges CICTE’s advice and assistance in developing the OSCE Counter-Terrorism Network. * The OSCE ATU relies on official notifications of ratification through the web sites of the relevant depositories of anti-terrorism instruments for the most accurate information on ratification.

23 2.2.4 Human Dimension Mechanisms and Other Relevant Mechanisms

4. Serve as the principal co-ordinator for OSCE anti-terrorism seminars, workshops and confer- ences involving the principal liaison’s participating State.

5. Co-ordinate, prioritize and communicate, on behalf of the participating State concerned, train- ing and assistance needs and requests related to counter-terrorism matters that the OSCE might support or facilitate (…)

D. Other Mechanisms

Prague 1992 (Document on Further Development of CSCE Institutions and Structures: IV. Safeguarding Human Rights, Democracy and the Rule of Law)

16. The Council decided, in order to develop further the CSCE’s capability to safeguard human rights, democracy and the rule of law through peaceful means, that appropriate action may be taken by the Council or the Committee of Senior Officials, if necessary in the absence of the consent of the State concerned, in cases of clear, gross and uncorrected violations of relevant CSCE commit- ments. Such actions would consist of political declarations or other political steps to apply outside the territory of the State concerned. This decision is without prejudice to existing CSCE mechanisms.

Helsinki 1992 (Decisions: I. Strengthening CSCE Institutions and Structures)

(22) When dealing with a crisis or a conflict, the Chairman-in-Office may, on his/her own respon- sibility, designate a personal representative with a clear and precise mandate in order to provide support. The Chairman-in-Office will inform the CSO of the intention to appoint a personal repre- sentative and of the mandate. In reports to the Council/CSO, the Chairman-in-Office will include information on the activities of the personal representative as well as any observations or advice submitted by the latter.

Sofia 2004 (Decision No. 12/04 on Tolerance and Non-discrimination)

The Ministerial Council (…)

5. Welcomes the intention of the Chairman-in-Office to appoint, in accordance with Porto Min- isterial Council Decision No. 8, three personal representatives as part of the overall fight of the OSCE in combating discrimination and promoting tolerance. The personal representatives will have their costs covered by extra-budgetary contributions.

24 2.3 Partners in Implementation

2.3 Partners in Implementation

2.3.1 Governments, Government Bodies and Institutions 2

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle IX)

[The participating States] (…) confirm that governments, institutions, organizations and persons have a relevant and positive role to play in contributing toward the achievement of these aims of their cooperation.

Copenhagen 1990 (Preamble)

[The participating States] recognize that co-operation among themselves, as well as the active involvement of persons, groups, organizations and institutions, will be essential to ensure contin- uing progress towards their shared objectives.

Moscow 1991 (Preamble)

The participating States (…) express their determination to fulfil all of their human dimension commitments and to resolve by peaceful means any related issue, individually and collectively, on the basis of mutual respect and co-operation. In this context they recognize that the active involvement of persons, groups, organizations and institutions is essential to ensure continuing progress in this direction.

2.3.2 Governments of Other Countries and International Organizations

Helsinki 1992 (Summit Declaration)

7. We reaffirm the validity of the guiding principles and common values of the Helsinki Final Act and the Charter of Paris, embodying responsibilities of States towards each other and of govern- ments towards their people. These are the collective conscience of our community. We recognize our accountability to each other for complying with them. We underline the democratic rights of citizens to demand from their governments respect for these values and standards.

Helsinki 1992 (Decisions: IV. Relations with International Organizations, Relations with Non- Participating States, Role of Non-Governmental Organizations (NGOs))

(1) (…) Successful efforts to build a lasting peaceful and democratic order and to manage the pro- cess of change require more structured and substantive input from groups, individuals, States and organizations outside the CSCE process.

To this end, the participating States have decided as follows:

Relations with international organizations

(2) The participating States, reaffirming their commitments to the Charter of the United Nations as subscribed to by them, declare their understanding that the CSCE is a regional arrangement in

25 2.3.2 Governments of Other Countries and International Organizations

the sense of Chapter VIII of the Charter of the United Nations and as such provides an important link between European and global security (…)

(3) Recalling the relevant decisions of the Prague Document, the participating States will improve contact and practical co-operation with appropriate international organizations. (…)

Relations with non-participating Mediterranean States

(7) Recalling the provisions of the Final Act and other CSCE relevant documents and consistent with established practice, the non-participating Mediterranean States will continue to be invited to contribute to CSCE activities. (…)

Relations with non-participating States

(9) (…) the participating States intend to deepen their co-operation and develop a substantial rela- tionship with non-participating States…which display an interest in the CSCE, share its principles and objectives, and are actively engaged in European co-operation through relevant organizations.

Lisbon 1996 (Declaration on a Common and Comprehensive Security Model for Europe for the Twenty-First Century)

5. We recognize that, within the OSCE, States are (…) responsible to each other for their imple- mentation of OSCE commitments.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

14. (…) Today we commit ourselves to joint measures based on co-operation, both in the OSCE and through those organizations of which we are members, in order to offer assistance to participating States to enhance their compliance with OSCE principles and commitments. We will strengthen existing co-operative instruments and develop new ones in order to respond efficiently to requests for assistance from participating States (…)

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

Co-operation with other international organizations and institutions

52. (…) The OSCE’s interaction with other organizations and institutions is based on the Platform for Co-operative Security. In it, participating States have pledged themselves to seek to develop political and operational coherence among all the bodies dealing with security, both in respond- ing to specific threats and in formulating responses to new threats and challenges (…)

53. Our co-operation with other organizations and institutions currently encompasses political dialogue, co-ordination, and structured co-operation on thematic or regional issues across the OSCE region, based on common values and objectives (…)

26 2.3.2 Governments of Other Countries and International Organizations

54. The OSCE seeks to expand its relations with all organizations and institutions that are con- cerned with the promotion of comprehensive security within the OSCE area (…) 2 Astana 2010

3. (…) We further reaffirm that all OSCE principles and commitments, without exception, apply equally to each participating State, and we emphasize that we are (…) responsible to each other for their full implementation. (…)

10. We recognize that the security of the OSCE area is inextricably linked to that of adjacent areas, notably in the Mediterranean and in Asia. We must therefore enhance the level of our interaction with our Partners for Co-operation. In particular, we underscore the need to contribute effectively, based on the capacity and national interest of each participating State, to collective international efforts to promote a stable, independent, prosperous and democratic Afghanistan.

Vilnius 2011 (Decision No. 5/11 on Partners for Co-operation)

The Ministerial Council (…)

Fully convinced that the security of the OSCE area is inextricably linked with security in the regions of the Partners for Co-operation, and reaffirming our commitment to intensifying our dialogue and co-operation with the Mediterranean and Asian Partners for Co-operation and to strengthening our capacity to respond to the needs and priorities identified by the Partners and on the basis of OSCE norms, principles and commitments,

Recognizing the democratic transition processes, political, economic and social changes that have taken place in some Mediterranean Partners in 2011,

Commending the voluntary reform processes undertaken by some Mediterranean Partner countries,

Recognizing that each country is different and has the right to develop its own political model, with respect for the universal values of human rights and dignity,

Agreeing that the OSCE’s experience in different areas can be of interest and potential benefit to the Partners, while taking into full account their prime responsibility for making national politi- cal choices as well as their specific political, social, cultural and religious heritage and in accord- ance with their needs, goals and national priorities,

Reaffirming the readiness of the OSCE, (…) to assist the Partners for Co-operation, as appropriate, in their voluntary implementation of OSCE norms, principles and commitments,

Recognizing the important role played by civil society in Partners for Co-operation, in promoting democracy, the rule of law, and full respect for human rights and fundamental freedoms,

Welcoming the progress achieved in recent years through dialogue and co-operation with our Med- iterranean and Asian Partners for Co-operation, including their enhanced participation in OSCE meetings and activities including the implementation of concrete mutual projects, (…)

27 2.3.2 Governments of Other Countries and International Organizations

Reiterating support for the OSCE Parliamentary Assembly’s co-operation with the Partners includ- ing through the holding of its annual Parliamentary Forum on the Mediterranean, and taking note of the work done by the OSCE Parliamentary Assembly in this respect,

1. Decides to enhance further the Partnership for Co-operation by broadening dialogue, intensify- ing political consultations, strengthening practical co-operation and further sharing best practices and experience gained in the development of comprehensive, co-operative and indivisible security, in the three OSCE dimensions, according to the needs and priorities identified by the Partners;

2. Encourages the OSCE executive structures, (…), to engage in action oriented co-operation with the Partner countries in all three dimensions, taking also into account the annual conferences of Partners, by providing expert advice and exchange of information on best practices and experi- ences upon request of the Partners based on relevant OSCE decisions when required and invites the Partners to increase the level of their participation in the OSCE activities;

3. Decides (…) to increase the efforts to promote OSCE norms, principles and commitments through the contacts in co-ordination with other relevant regional and international organizations, par- ticularly the United Nations notably through the sharing of best practices and experiences and through joint projects and activities in all three dimensions, as appropriate;

4. Calls upon the OSCE (…) to strengthen and further develop regular high-level dialogue with the Partners for Co-operation, in order to enhance mutual understanding and ensure high-level political support and assistance for the Partners for Co-operation, taking into account their needs and priorities;

5. Calls upon the OSCE, (…), to facilitate a broader participation of officials and civil society rep- resentatives of Partners for Co-operation in relevant OSCE events, as well as through the use of the Partnership Fund as appropriate;

6. Tasks the Secretary General, in consultation with the OSCE Chairmanship, with exploring pos- sible options for action oriented and results based co-operation with Partners, in co-ordination with the United Nations and other relevant regional and international organizations and institu- tions, and with making proposals, as appropriate, for further action by the Permanent Council;

7. Requests the Permanent Council to remain seized of the matter and to consider options for future engagement with the Partners for Co-operation at their request;

8. Encourages the participating States and the Partners for Co-operation to share their experi- ences and contribute to the OSCE activities in all three dimensions, including through contribu- tions to the Partnership Fund, as appropriate, in order to promote further engagement with the Partners for Co-operation;

9. Reconfirms its openness to considering future potential applications for partnership from inter- ested countries (…)

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism)

16. To invite the OSCE Partners for Co-operation to actively engage with us to strengthen our dialogue and co-operation in preventing and countering violent extremism and radicalization that lead to terrorism, respecting and protecting human rights and fundamental freedoms in this

28 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

context, preventing and countering manifestations of intolerance and discrimination, including on the basis of religion or belief, xenophobia, violence, as well as promoting interfaith, interreli- gious and intercultural dialogue, (…), and to encourage the Partners for Co-operation to continue 2 to make the best use of the OSCE principles, norms and commitments, as well as its relevant tools;

Hamburg 2016 (Decision No. 5/16 on OSCE Efforts related to Reducing the Risks of Conflict Stemming from the Use of Information and Communication Technologies)

11. Invites the OSCE Partners for Co-operation to enhance dialogue on efforts to reduce the risks of conflict stemming from the use of information and communication technologies.

2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VII)

The participating States recognize the universal significance of human rights and fundamental freedoms (…) They confirm the right of the individual to know and act upon his rights and duties in this field. (…)

They confirm that (…) organizations and persons have a relevant and positive role to play in con- tributing toward the achievement of these aims of their cooperation.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

[The participating States] recall the right of the individual to know and act upon his rights and duties in the field of human rights and fundamental freedoms, as embodied in the Final Act, and will take the necessary action in their respective countries to effectively ensure this right.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(12) [The participating States] express their determination to guarantee the effective exercise of human rights and fundamental freedoms (…)

(13) In this context they will (…) (13.3) – publish and disseminate the text of the Final Act, of the Madrid Concluding Document and of the present Document as well as those of any relevant international instruments in the field of human rights, in order to ensure the availability of these documents in their entirety, to make them known as widely as possible and to render them accessible to all individuals in their coun- tries, in particular through public library systems; (13.4) – effectively ensure the right of the individual to know and act upon his rights and duties in this field, and to that end publish and make accessible all laws, regulations and procedures relat- ing to human rights and fundamental freedoms; (13.5) – respect the right of their citizens to contribute actively, individually or in association with others, to the promotion and protection of human rights and fundamental freedoms;

29 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

(13.6) – encourage in schools and other educational institutions consideration of the promotion and protection of human rights and fundamental freedoms; (…) (13.8) – ensure that no individual exercising, expressing the intention to exercise or seeking to exercise these rights and freedoms or any member of his family, will as a consequence be discrim- inated against in any manner; (13.9) – ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; they will, inter alia, effectively apply the following remedies: • the right of the individual to appeal to executive, legislative, judicial or administrative organs; • the right to a fair and public hearing within a reasonable time before an independent and impar- tial tribunal, including the right to present legal arguments and to be represented by legal coun- sel of one’s choice; • the right to be promptly and officially informed of the decision taken on any appeal, includ- ing the legal grounds on which this decision was based. This information will be provided as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies. (…)

(26) (…) To that end they will respect the right of persons to observe and promote the implemen- tation of CSCE provisions and to associate with others for this purpose. They will facilitate direct contacts and communication among these persons, organizations and institutions within and between participating States and remove, where they exist, legal and administrative impediments inconsistent with the CSCE provisions. They will also take effective measures to facilitate access to information on the implementation of CSCE provisions and to facilitate the free expression of views on these matters.

Copenhagen 1990

(10) In reaffirming their commitment to ensure effectively the rights of the individual to know and act upon human rights and fundamental freedoms, and to contribute actively, individually or in association with others, to their promotion and protection, the participating States express their commitment to: (10.1) respect the right of everyone, individually or in association with others, to seek, receive and impart freely views and information on human rights and fundamental freedoms, including the rights to disseminate and publish such views and information; (10.2) respect the rights of everyone, individually or in association with others, to study and dis- cuss the observance of human rights and fundamental freedoms and to develop and discuss ideas for improved protection of human rights and better means for ensuring compliance with interna- tional human rights standards;

30 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

(10.3) ensure that individuals are permitted to exercise the right to association, including the right to form, join and participate effectively in non-governmental organizations which seek the pro- motion and protection of human rights and fundamental freedoms, including trade unions and 2 human rights monitoring groups; (10.4) allow members of such groups and organizations to have unhindered access to and com- munication with similar bodies within and outside their countries and with international organ- izations, to engage in exchanges, contacts and co-operation with such groups and organizations and to solicit, receive and utilize for the purpose of promoting and protecting human rights and fundamental freedoms voluntary financial contributions from national and international sources as provided for by law.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We recall the major role that non-governmental organizations, religious and other groups and individuals have played in the achievement of the objectives of the CSCE and will further facili- tate their activities for the implementation of the CSCE commitments by the participating States. These organizations, groups and individuals must be involved in an appropriate way in the activ- ities and new structures of the CSCE in order to fulfil their important tasks.

Moscow 1991

(43) The participating States will recognize as NGOs those which declare themselves as such, accord- ing to existing national procedures, and will facilitate the ability of such organizations to conduct their national activities freely on their territories; to that effect they will: (43.1) endeavour to seek ways of further strengthening modalities for contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions; (43.2) endeavour to facilitate visits to their countries by NGOs from within any of the participat- ing States in order to observe human dimension conditions; (43.3) welcome NGO activities, including, inter alia, observing compliance with CSCE commit- ments in the field of the human dimension; (43.4) allow NGOs, in view of their important function within the human dimension of the CSCE, to convey their views to their own governments and the governments of all the other participat- ing States during the future work of the CSCE on the human dimension. (43.5) During the future work of the CSCE on the human dimension, NGOs will have the oppor- tunity to distribute written contributions on specific issues of the human dimension of the CSCE to all delegations. (43.6) The CSCE Secretariat will, within the framework of the resources at its disposal, respond favourably to requests by NGOs for non-restricted documents of the CSCE.

31 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

Helsinki 1992 (Summit Declaration)

7. We reaffirm the validity of the guiding principles and common values of the Helsinki Final Act and the Charter of Paris, embodying responsibilities of States towards each other and of govern- ments towards their people. These are the collective conscience of our community (…) We under- line the democratic rights of citizens to demand from their governments respect for these values and standards.

Helsinki 1992 (Decisions: IV. Relations with International Organizations, Relations with Non- Participating States, Role of Non-Governmental Organizations (NGOs))

To this end, the participating States have decided as follows: (…)

Increasing openness of CSCE activities, promoting understanding of the CSCE, expanding the role of NGOs

(12) The participating States will increase the openness of the CSCE institutions and structures and ensure wide dissemination of information on the CSCE. (…)

(14) The participating States will provide opportunities for the increased involvement of non-gov- ernmental organizations in CSCE activities.

(15) They will, accordingly: • apply to all CSCE meetings the guidelines previously agreed for NGO access to certain CSCE meetings; • make open to NGOs all plenary meetings of review conferences, ODIHR seminars, workshops and meetings, the CSO when meeting as the Economic Forum, and human rights implementa- tion meetings, as well as other expert meetings. In addition each meeting may decide to open some other sessions to attendance by NGOs; • instruct Directors of CSCE institutions and Executive Secretaries of CSCE meetings to desig- nate an “NGO liaison person” from among their staff; • designate, as appropriate, one member of their Foreign Ministries and a member of their dele- gations to CSCE meetings to be responsible for NGO liaison; • promote contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions between CSCE meetings; • facilitate during CSCE meetings informal discussion meetings between representatives of par- ticipating States and of NGOs; • encourage written presentations by NGOs to CSCE institutions and meetings, titles of which may be kept and provided to the participating States upon request; • provide encouragement to NGOs organizing seminars on CSCE-related issues;

32 2.3.3 Individuals, Human Rights Defenders and Non-Governmental Organizations

• notify NGOs through the CSCE institutions of the dates of future CSCE meetings, together with an indication, when possible, of the subjects to be addressed, as well as, upon request, the acti- vations of CSCE mechanisms which have been made known to all participating States. 2 (16) The above provisions will not be applied to persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.

(17) The participating States will use all appropriate means to disseminate as widely as possible within their societies knowledge of the CSCE, its principles, commitments and activities.

Budapest 1994 (Decisions: VIII. The Human Dimension)

18. The participating States emphasize (…) the need for protection of human rights defenders and look forward to the completion and adoption, in the framework of the United Nations, of the draft declaration on the “Right and Responsibility of Individuals, Groups and Organs of Society to Pro- mote and Protect Universally Recognized Human Rights and Fundamental Freedoms”.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

27. Non-governmental organizations (NGOs) can perform a vital role in the promotion of human rights, democracy and the rule of law. They are an integral component of a strong civil society. We pledge ourselves to enhance the ability of NGOs to make their full contribution to the further development of civil society and respect for human rights and fundamental freedoms.

Helsinki 2008 (Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights) (…)

We recognize that human rights are best respected in democratic societies, where decisions are taken with maximum transparency and broad participation. We support a pluralistic civil soci- ety and encourage partnerships between different stakeholders in the promotion and protection of human rights. (…)

Astana 2010

6. (…) We value the important role played by civil society and free media in helping us to ensure full respect for human rights, fundamental freedoms, democracy, including free and fair elec- tions, and the rule of law.

Vilnius 2011

(…) Recognizing the important role played by civil society in Partners for Co-operation, in pro- moting democracy, the rule of law, and full respect for human rights and fundamental freedoms, (…)

33 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Istanbul 1999 (Charter for European Security: III. Our Common Response)

14. (…) We individually confirm our willingness to comply fully with our commitments. We also have a joint responsibility to uphold OSCE principles. We are therefore determined to co-operate within the OSCE and with its institutions and representatives …We will co-operate in a spirit of solidarity and partnership in a continuing review of implementation.

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

The OSCE response

20. The OSCE will continue to be an active player across its region, using its institutions — the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities (HCNM), and the Representative on Freedom of the Media (RFM) — its field opera- tions and its Secretariat to the full. They are important instruments in assisting all participating States to implement their commitments, including respect for human rights, democracy and the rule of law. In all relevant activities, possibilities for strengthening co-operation with the Parlia- mentary Assembly, and through it, national parliaments will be actively pursued.

Astana 2010

5. (…) We stress the importance of the work carried out by the OSCE Secretariat, High Commis- sioner on National Minorities, Office for Democratic Institutions and Human Rights and Repre- sentative on Freedom of the Media, as well as the OSCE field operations, in accordance with their respective mandates, in assisting participating States with implementing their OSCE commit- ments. We are determined to intensify co-operation with the OSCE Parliamentary Assembly, and encourage its efforts to promote security, democracy, and prosperity throughout the OSCE area and within participating States and to increase confidence among participating States. (…)

A. The Office for Democratic Institutions and Human Rights (ODIHR)

I. General Mandate, Including Additional General Tasks

Paris 1990 (A New Era of Democracy, Peace and Unity)

We decide to establish an Office for Free Elections in Warsaw to facilitate contacts and the exchange of information on elections within participating States.

Paris 1990 (Supplementary Document to Give Effect to Certain Provisions Contained in the Charter of Paris for a New Europe)

G. The Office for Free Elections

34 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

1. The function of the Office for Free Elections will be to facilitate contacts and the exchange of information on elections within participating States. The Office will thus foster the implementa- tion of paragraphs 6, 7 and 8 of the Document of the Copenhagen Meeting of the Conference on 2 the Human Dimension of the CSCE (the relevant provisions are contained in Annex 1).

2. To this end, the Office will • compile information, including information provided by the competent authorities of the partic- ipating States, on the dates, procedures and official results of scheduled national elections within participating States, as well as reports of election observations, and provide these on request to governments, parliaments and interested private organizations; • serve to facilitate contact among governments, parliaments or private organizations wishing to observe elections and competent authorities of the States in which elections are to take place; • organize and serve as the venue for seminars or other meetings related to election procedures and democratic institutions at the request of the participating States.

3. The Office will take into account the work of and co-operate with other institutions active in this field.

4. The Office will carry out other tasks assigned to it by the Council.

Annex 1 (Copenhagen 1990) (6) The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the govern- ing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.

(7) To ensure that the will of the people serves as the basis of the authority of government, the participating States will (7.1) hold free elections at reasonable intervals, as established by law; (7.2) permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote; (7.3) guarantee universal and equal suffrage to adult citizens; (7.4) ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public; (7.5) respect the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination; (7.6) respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treat- ment before the law and by the authorities; (7.7) ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars

35 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution; (7.8) provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to par- ticipate in the electoral process; (7.9) ensure that candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamen- tary and constitutional procedures.

Prague 1992 (Document on Further Development of CSCE Institutions and Structures: III. Human Dimension)

9. In order to extend practical co-operation among participating States in the human dimension, the Ministers decided to give additional functions to the Office for Free Elections which will hence- forth be called the Office for Democratic Institutions and Human Rights.

10. Under the general guidance of the CSO, the Office should, inter alia: • organize a short CSCE meeting at the seat of the Office for Democratic Institutions and Human Rights to address implementation of CSCE human dimension commitments every year in which a follow-up meeting does not take place (…) • serve as an institutional framework for sharing and exchanging information on available tech- nical assistance, expertise, and national and international programmes aimed at assisting the new democracies in their institution-building; • facilitate contacts between those offering such resources and those wishing to make use of them; • develop co-operation with the Council of Europe in order to make use of its database of such resources and services; • establish contacts with non-governmental organizations active in the field of democratic institu- tion-building, with a view to enabling interested participating States to make use of their exten- sive resources and expertise; • facilitate co-operation in training and education in disciplines relevant to democratic institutions; • organize meetings and seminars among all participating States on subjects related to the build- ing and revitalization of democratic institutions, such as a short seminar on free media and, at an appropriate time, one on migration. These meetings and seminars will be held in Warsaw unless otherwise decided.

11. In order to avoid duplication of work specially in the fields enumerated above, the Minis- ters directed the Office to work closely with other institutions active in the field of democratic

36 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

institution-building and human rights, particularly the Council of Europe and the European Com- mission for Democracy through Law. 2 12. The CSO will on an annual basis examine the need for meetings and seminars on the human dimension and democratic institutions and will establish a work programme. (…)

Helsinki 1992 (Decisions: VI. The Human Dimension)

(2) The participating States express their strong determination to ensure full respect for human rights and fundamental freedoms, to abide by the rule of law, to promote the principles of democ- racy and, in this regard, to build, strengthen and protect democratic institutions, as well as to pro- mote tolerance throughout society. To these ends, they will broaden the operational framework of the CSCE, including by further enhancing the ODIHR, so that information, ideas, and concerns can be exchanged in a more concrete and meaningful way, including as an early warning of ten- sion and potential conflict. In doing so, they will focus their attention on topics in the Human Dimension of particular importance. They will therefore keep the strengthening of the Human Dimension under constant consideration, especially in a time of change. (…)

Framework for monitoring compliance with CSCE commitments and for promoting co-opera- tion in the human dimension

(4) In order to strengthen and monitor compliance with CSCE commitments as well as to pro- mote progress in the Human Dimension, the participating States agree to enhance the framework of their co-operation and to this end decide the following:

Enhanced role of the ODIHR

(5) Under the general guidance of the CSO and in addition to its existing tasks as set out in the Charter of Paris for a New Europe and in the Prague Document on Further Development of CSCE Institutions and Structures, the ODIHR will, as the main institution of the Human Dimension: (5a) assist the monitoring of implementation of commitments in the Human Dimension by: • serving as a venue for bilateral meetings under paragraph 2 and as a channel for information under paragraph 3 of the Human Dimension Mechanism as set out in the Vienna Concluding Document; • receiving any comments from States visited by CSCE missions of relevance to the Human Dimen- sion other than those under the Human Dimension Mechanism; it will transmit the report of those missions as well as eventual comments to all participating States with a view to discus- sion at the next implementation meeting or review conference; • participating in or undertaking missions when instructed by the Council or the CSO; (5b) act as a clearing-house for information on: • a state of public emergency according to paragraph 28.10 of the Document of the Moscow Meet- ing of the Conference on the Human Dimension;

37 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

• resource lists, and assistance, e.g. in the field of censuses or on democracy at a local and regional level, and the holding of national seminars on such issues; (5c) assist other activities in the field of the Human Dimension, including the building of demo- cratic institutions by: • fulfilling the tasks as defined in the “Programme of co-ordinated support to recently admitted participating States”; • arranging “Seminars on the democratic process” at the request of participating States. The same procedural provisions as set out in the “Programme of co-ordinated support for recently admit- ted participating States” will also apply to these seminars; • contributing, within the resources at its disposal, to the preparation of seminars at the request of one or more participating States; • providing, as appropriate, facilities to the High Commissioner on National Minorities; • communicating, as appropriate, with relevant international and non-governmental organizations; • consulting and co-operating with relevant bodies of the Council of Europe and those associ- ated with it, and examining how they can contribute, as appropriate, to the ODIHR’s activi- ties. The ODIHR will also, at the request of participating States, supply them with information about programmes within the framework of the Council of Europe which are open to all par- ticipating States.

(6) The activities on Human Dimension issues undertaken by the ODIHR may, inter alia, contrib- ute to early warning in the prevention of conflicts.

Human Dimension Mechanism (7) In order to align the Human Dimension Mechanism with present CSCE structures and insti- tutions the participating States decide that:

Any participating State which deems it necessary may provide information on situations and cases which have been the subject of requests under paragraphs 1 or 2 of the chapter entitled the “Human Dimension of the CSCE” of the Vienna Concluding Document or on the results of those procedures, to the participating States through the ODIHR – which can equally serve as a venue for bilateral meetings under paragraph 2 – or diplomatic channels. Such information may be discussed at Meet- ings of the CSO, at implementation meetings on Human Dimension issues and review conferences. (…)

Implementation meetings on Human Dimension issues (9) Every year in which a review conference does not take place, the ODIHR will organize a three- week meeting at expert-level of all participating States at its seat to review implementation of CSCE Human Dimension commitments. The meeting will perform the following tasks: (9a) a thorough exchange of views on the implementation of Human Dimension commitments, including discussion on the information provided in accordance with paragraph 4 of the Human Dimension Mechanism and on the Human Dimension aspects of the reports of CSCE missions, as well as the consideration of ways and means of improving implementation; (9b) an evaluation of the procedures for monitoring compliance with commitments.

(10) The implementation meeting may draw to the attention of the CSO measures to improve imple- mentation which it deems necessary.

38 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(11) The implementation meeting will not produce a negotiated document.

(12) Written contributions and information material will be of a non-restricted or restricted char- 2 acter as indicated by the submitting State.

(13) Implementation meetings will be organized to meet in formal and informal sessions. All for- mal sessions will be open. In addition, the participating States may decide, on a case-by-case basis, to open informal sessions.

(14) The Council of Europe, the European Commission for Democracy through Law and the Euro- pean Bank for Reconstruction and Development (EBRD), as well as other relevant international organizations and institutions will be encouraged by the implementation meeting to attend and make contributions.

(15) Non-governmental organizations having relevant experience in the field of the Human Dimen- sion are invited to make written presentations to the implementation meeting, e.g. through the ODIHR, and may be invited by the implementation meeting, on the basis of their written pres- entations, to address specific questions orally as appropriate.

(16) During two half days in the course of the implementation meeting no formal session will be scheduled in order to provide better opportunities for possible contacts with NGOs. To this pur- pose, a hall at the meeting site will be placed at the disposal of NGOs.

CSCE Human Dimension seminars

(17) Under the general guidance of the CSO, the ODIHR will organize CSCE Human Dimension seminars which will address specific questions of particular relevance to the Human Dimension and of current political concern. The CSO will establish an annual work programme including the titles and dates of such seminars. The agenda and modalities of each seminar will be approved by the CSO at the latest three months before the seminar. In doing so, the CSO will take into account views expressed by the ODIHR. Unless otherwise decided, seminars will be held at the seat of the ODIHR and will not exceed one week. The work programme will take into account work by rele- vant international organizations and institutions.

(18) These seminars will be organized in an open and flexible manner. Relevant international organ- izations and institutions may be invited to attend and to make contributions. So may NGOs with relevant experience. Independent experts attending the seminar as members of national delega- tions will also be free to speak in their own capacity.

(19) CSCE seminars will be organized to meet in formal and informal sessions. All formal ses- sions will be open. In addition, the participating States may decide, on a case-by-case basis, to open informal sessions.

(20) CSCE seminars will not produce a negotiated document or follow-up programmes.

(21) Contributions by independent experts will be of a non-restricted character.

Rome 1993 (Decisions: IV. The Human Dimension)

(3) The political consultation process and CSCE missions

39 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(…) • Further emphasis will be given to human dimension issues in mandates of CSCE missions as well as in the follow-up of mission reports. To this end the ODIHR will be given an enhanced role in the preparation of CSCE missions, inter alia, in providing information and advice to mis- sions in accordance with its expertise. (…)

4. Office for Democratic Institutions and Human Rights

The Ministers decided to strengthen the ODIHR’s functions and operations. Inter alia, the ODIHR will enhance its activities under its mandate in the following areas: • the building of an expanded database of experts in fields relevant to the human dimension. Par- ticipating States and non-governmental organizations are requested to inform the ODIHR of experts available in fields relevant to the human dimension; (…) • strengthened co-operation with relevant international organizations in order to co-ordinate activities and identify possible areas of joint endeavour; • receiving information provided by NGOs having relevant experience in the human dimen- sion field; • serving as a point of contact for information provided by participating States in accordance with CSCE commitments; • disseminating general information on the human dimension, and international humanitarian law.

Budapest 1994 (Decisions: VIII. The Human Dimension)

8. The ODIHR, as the main institution of the human dimension, in consultation with the Chair- man-in-Office, will, acting in an advisory capacity, participate in discussions of the Senior Coun- cil and the Permanent Council, by reporting at regular intervals on its activities and providing information on implementation issues. It will provide supporting material for the annual review of implementation and, where necessary, clarify or supplement information received. Acting in close consultation with the Chairman-in-Office, the Director of the ODIHR may propose further action.

9. The participating States recognize the need for enhanced co-operation through the ODIHR with other international organizations and institutions active in the human dimension, includ- ing among others the United Nations High Commissioner for Human Rights, for the exchange of information, including reports, and for further developing of future-oriented activities, such as outlined in the present document.

10. The participating States decide to (…) • task the ODIHR to act as a clearing-house for the exchange of information on media issues in the region, and encourage governments, journalists and NGOs to provide the ODIHR with infor- mation on the situation of the media.

11. The ODIHR will be consulted on a CSCE mission’s mandate before adoption and will con- tribute to the follow-up of mission reports as decided by the Permanent Council. The ODIHR’s knowledge of experts on the human dimension should be used to help to staff CSCE missions.

40 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

These missions will also designate a mission member to liaise with the ODIHR and with NGOs on human dimension issues. (…) 2 13. The provisions mentioned in the human dimension chapter of this document do not in any way constitute a change in the mandate of either the ODIHR or the HCNM.

ODIHR seminars

14. The number of large-scale human dimension seminars will as a rule be reduced to two per year. They will focus on topics which are of the broadest interest.

There will be more emphasis on regional seminars. Where appropriate they will form part of the Programme of Co-ordinated Support. These seminars should seek full participation from States in the region in which they are held (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

43. They agreed that the ability of the ODIHR to provide in-depth expertise on human dimen- sion issues under the Programme of Co-ordinated Support should be further developed. In order to respond to requests for advice by newly independent States concerned on all aspects of democ- ratization, they decided that using experts-at-large within the framework of the Programme of Co-ordinated Support would be a useful enhancement of the ODIHR’s role.

Ljubljana 2005 (Decision No. 11/05 on Promoting of Human Rights Education and Training in the OSCE Area)

The Ministerial Council, (…)

Tasks the ODIHR, drawing on the relevant expertise and experience acquired by the OSCE struc- tures, institutions and field operations, as well as the OSCE participating States: • To produce a compendium of best practices for participating States on enhancing the promotion of human rights education and training, including the promotion of tolerance, mutual respect and understanding, and non-discrimination in the OSCE area.

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council, (…)

Tasks the ODIHR and other relevant OSCE structures to:

Assist the participating States to share with one another successful examples, expertise and good practices to improve criminal justice systems;

Assist the participating States upon their request to strengthen the institutional capacity of defence lawyers to protect and defend the rights of their clients.

41 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Brussels 2006 (Decision No. 5/06 on Organized Crime)

The Ministerial Council, (…) (d) Tasks the Secretary General and the ODIHR to brief the participating States regularly and to present a joint written report to the participating States before the summer recess in 2007, on the implementation of the abovementioned tasks; (e) Tasks the Permanent Council to take note of the above-mentioned report and to consider, if appropriate, a possible follow-up; (f) Tasks the Secretary General and the relevant OSCE executive structures including ODIHR, as appropriate in coordination and cooperation with other international organizations and institu- tions, to stand ready to respond to project proposals and requests for cooperation from participat- ing States and to consider facilitating training programmes, all within their respective mandates and as contributions are available for this purpose; (…)

II. Additional Tasks Related to Elections

Rome 1993 (Decisions: IV. The Human Dimension)

4. Office for Democratic Institutions and Human Rights

The Ministers decided to strengthen the ODIHR’s functions and operations. Inter alia, the ODIHR will enhance its activities under its mandate in the following areas: (…) • enhancement of its role in comprehensive election monitoring (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

12. The ODIHR will play an enhanced role in election monitoring, before, during and after elec- tions. In this context, the ODIHR should assess the conditions for the free and independent func- tioning of the media.

The participating States request that co-ordination between the various organizations monitor- ing elections be improved, and task the ODIHR to consult all relevant organizations in order to develop a framework for co-ordination in this field.

In order to enhance election monitoring preparations and procedures, the ODIHR will also devise a handbook for election monitors and set up a rolling calendar for upcoming elections.

Maastricht 2003 (Decision No. 5/03 on Elections)

The Ministerial Council (…)

42 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Tasks the ODIHR to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports. 2 Brussels 2006 (Decision No. 19/06 on Strengthening the Effectiveness of the OSCE)

The Ministerial Council, (…)

1. Thanks the ODIHR for the work carried out under Ministerial Council Decision No. 17/05 par- agraph 2 and takes note of its report issued on 10 November 2006;

2. Recognizes that the ODIHR, in implementing its mandate, has demonstrated its ability to assist participating States in fulfilling their human dimension commitments; (…)

7. Recognizes ODIHR’s expertise in assisting the participating States through its election-related activities, including reviewing election legislation and carrying out election observations;

8. Commits to further develop OSCE’s election related activities, (…)

12. Recognizes the ongoing need to ensure accountability, objectivity, transparency and profes- sionalism of election observation;

13. Agrees that ODIHR should put into practice the improvements and recommendations con- cerning election related activities, including as contained in the report, and particularly as listed below, and will regularly submit reports on their implementation, through its Director, for review by the Permanent Council as appropriate: • To further strengthen the observation methodology and assistance programmes; • To ensure as wide as possible geographical coverage in ODIHR’s election activities; • To further diversify the participation of short-term, long-term and “core team” observers based on increased support of a wider range of participating States, by encouraging the participating States to contribute to the diversification fund, by supporting national training efforts and by developing OSCEwide networks of election observation practitioners; • While maintaining the highest professional standards, to further increase the transparency of recruitment of members of observation teams, including by active advertising, training, com- petitive procedures and open rosters for heads of election observation missions and “core team” members, which are regularly communicated to participating States and available through pub- licly accessible databases; • To give utmost attention to the independence, impartiality and professionalism of ODIHR’s election observation;

43 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

• To enhance the linguistic inclusiveness and ensure that languages used would not affect in any way the effectiveness of the observation;

14. Stresses that election observation is a common endeavour involving the OSCE/ODIHR, the OSCE Parliamentary Assembly and other parliamentary institutions;

15. Recognizes that close cooperation with the OSCE Parliamentary Assembly considerably enhances the visibility of the OSCE’s election observation efforts, and calls on the ODIHR to continue to work in partnership with the Parliamentary Assembly on election observation missions on the basis of the 1997 Co-operation Agreement; (…)

III. ODIHR Contact Point for Roma and Sinti Issues

See also: I. 2.3.4.A.IV: Additional Tasks Related to Tolerance and Non-discrimination, Including Roma and Sinti Issues

Budapest 1994 (Decisions: VIII. The Human Dimension)

23. The participating States decide to appoint within the ODIHR a contact point for Roma and Sinti (Gypsies) issues. The ODIHR will be tasked to: • act as a clearing-house for the exchange of information on Roma and Sinti (Gypsies) issues, includ- ing information on the implementation of commitments pertaining to Roma and Sinti (Gypsies); • facilitate contacts on Roma and Sinti (Gypsies) issues between participating States, international organizations and institutions and NGOs; • maintain and develop contacts on these issues between CSCE institutions and other interna- tional organizations and institutions.

To fulfil these tasks, the ODIHR will make full use of existing resources. In this context they wel- come the announcement made by some Roma and Sinti (Gypsies) organizations of their intention to make voluntary contributions.

24. The participating States welcome the activities related to Roma and Sinti (Gypsies) issues in other international organizations and institutions, in particular those undertaken in the Coun- cil of Europe.

Oslo 1998 (Decision on Enhancement of the OSCE’s Operational Capabilities Regarding Roma and Sinti Issues)

The Ministerial Council,

Bearing in mind the existing OSCE commitments regarding Roma and Sinti, and

Recalling the decision taken by the Budapest Summit to appoint within the ODIHR a Contact Point for Roma and Sinti (Gypsies) Issues,

44 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

1. Decides to enhance the capability of the OSCE regarding those issues by strengthening the exist- ing ODIHR Contact Point for Roma and Sinti Issues. Among its priorities will be: • to enhance the OSCE’s interaction with the governments of the participating States, with rep- 2 resentatives of Roma and Sinti communities, as well as with international organizations, initi- atives and NGOs relevant to Roma and Sinti issues, and in particular to secure further mutual reinforcement of co-operation with the Co-ordinator for Roma in the Council of Europe with a view to avoiding duplication of effort, including the establishment of regular consultations with those organizations, initiatives and NGOs in order to develop synergies and common approaches designed to facilitate full integration of Roma and Sinti communities into the societies they live in, while preserving their identity; • to enhance co-operation among OSCE institutions and mission/field presences with respect to Roma and Sinti, if applicable; • to develop, on the basis of input from participating States, the OSCE institutions, and in par- ticular the HCNM, Roma and Sinti communities, NGOs, and international organizations and other institutions and initiatives, a work programme which should include, inter alia, seminars, workshops and clearing houses; • to collect information from the participating States on legislative and other measures related to the situation of Roma and Sinti with a view to making it available to the OSCE community, as well as to other interested international organizations, and to elaborating additional reports on the situation of Roma and Sinti in the OSCE area.

2. Further decides that the Contact Point should deal solely with matters concerning Roma and Sinti.

Maastricht 2003 (Annex to Decision No. 2/03 on Combating Trafficking in Human Beings; OSCE Action Plan to Combat Trafficking in Human Beings)

Action for OSCE Institutions and Bodies

6. Data collection and research (…)

6.2 Tasking ODIHR’s Contact Point on Roma and Sinti with continuing to gather data regarding trafficking in human beings, especially children, and its effects on Roma and Sinti communities.

Maastricht 2003 (Annex to Decision No. 3/03; Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

III Combating racism and discrimination

Legislation and law enforcement

Recommended action by OSCE institutions and structures: (…)

23. The ODIHR/Contact Point for Roma and Sinti Issues (CPRSI) will promote better relations between Roma and Sinti non-governmental organizations (NGOs) and the participating States.

45 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

24. The ODIHR-CPRSI will serve as a clearing house on initiatives undertaken by participating States and facilitate exchanges of information on best practices.

25. The ODIHR-CPRSI will, in close co-operation with participating States, Roma and Sinti com- munities, and where possible with other international organizations, and in full respect of the laws on the protection of personal data, collect documentation for the purpose of developing more pre- cisely targeted policies.

Police

Recommended action by OSCE institutions and structures: (…)

34. The ODIHR-CPRSI and the Strategic Police Matters Unit will, within their respective man- dates, produce a compilation of police “best practices” in the OSCE region with respect to polic- ing and Roma and Sinti communities.

35. The HCNM, the ODIHR-CPRSI and the Strategic Police Matters Unit will assist the participating States in developing codes of conduct to prevent racial profiling and improve interethnic relations.

IV. Addressing socio-economic issues

Housing and living conditions

Recommended action by OSCE institutions and structures: 47. The ODIHR-CPRSI and the Office of the Co-ordinator of OSCE Economic and Environmental Activities (OCEEA) are encouraged to play a larger role in facilitating the provision of informa- tion about and access to resources made available by foreign donors for specific projects, particu- larly those generated by Roma and Sinti groups, addressing the social and economic development of Roma and Sinti communities.

Unemployment and economic problems

Recommended action by OSCE institutions and structures: 54. At the request of participating States, the ODIHR-CPRSI and the OCEEA will support devel- opment of the employability and entrepreneurial skills of Roma and Sinti people through the establishment of training and retraining programmes in participating States. Successful practices, particularly relating to the development of entrepreneurial skills and small and medium-sized enterprises (SMEs) (e.g., the Youth Entrepreneurship Seminars programme) could be adapted to the needs of Roma and Sinti people (…) (…)

56. The ODIHR-CPRSI and the OCEEA will draw upon the research developed by UNDP and other agencies to assess the needs of Roma and Sinti people with a view to fostering policies that take into account the extent and nature of their specific needs in each participating State.

57. In co-ordination with relevant international organizations (in particular UNDP and the World Bank), the ODIHR-CPRSI and the OCEEA will examine ways to stimulate better access by Roma and Sinti people to regular training programmes. Workshops or round-table discussions tailored

46 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

to the needs of Roma and Sinti people can be organized, with a view to informing and educating community members regarding the economic and social rights of individuals and entrepreneurs. 2 Health care

Recommended action by OSCE institutions and structures: (…)

65. The ODIHR-CPRSI and, where appropriate, other OSCE institutions and structures, includ- ing OSCE field operations, will assist participating States in launching educational initiatives to help Roma and Sinti people make full use of regular health services. They will, inter alia, collect, produce and disseminate relevant information on good practices.

66. The ODIHR-CPRSI will pay special attention to ensuring that Roma and Sinti people have access to programmes aimed at prevention and/or treatment of drug abuse and addiction and AIDS and related diseases.

VII. Roma and Sinti in crisis and post-crisis situations (…)

Recommended action by OSCE institutions and structures: (…)

114. In accordance with its mandate, the ODIHR-CPRSI is called upon to respond effectively to crisis situations by, inter alia, co-operating with relevant governments, inter-governmental bod- ies and international organizations, in particular the UNHCR, to ensure protection of Roma com- munities at risk.

115. The ODIHR-CPRSI will raise awareness among public officials, journalists and others of the situation of Roma and Sinti people in crisis or conflict areas.

VIII. Enhancing co-operation and co-ordination with other international organizations and NGOs 118. The ODIHR-CPRSI will continue to participate actively in the Informal Contact Group on Roma of the Intergovernmental Organisations.* (…)

121. The ODIHR-CPRSI will seek to consolidate the “International Roma Contact Group”† and will further contribute to the Council of Europe’s initiative for a possible European Forum for Roma and Travellers.

122. The ODIHR-CPRSI will provide information and co-ordination services to relevant national and international institutions, and will facilitate dialogue among them and with Roma NGOs.

* The Informal Contact Group on Roma of the Intergovernmental Organisations is composed of representatives from OSCE/ODIHR, the Council of Europe, the European Commission and the European Union. † The International Roma Contact Group was established in October 2000 at the initiative of the ODIHR Con- tact Point for Roma and Sinti Issues. The Contact Group includes representatives of the International Romani Union, the Roma National Congress, elected Romani representatives, Romani experts and the ODIHR-CPRSI.

47 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

123. The ODIHR-CPRSI will seek to develop relations with Roma and Sinti organizations and help them to co-ordinate their efforts and resources, both within individual States and across borders, and to avail themselves fully of opportunities provided by existing national and international pol- icies affecting Roma and Sinti people.

124. The ODIHR-CPRSI will draw upon the experience and input of existing monitoring projects developed by other international organizations.

IX. The ODIHR Contact Point for Roma and Sinti Issues

125. Where necessary, the ODIHR-CPRSI will facilitate information-sharing among OSCE par- ticipating States that have developed or are seeking to improve national policies on Roma and Sinti people.

126. Upon request, ODIHR-CPRSI will advise participating States on future policies related to Roma and Sinti people and will stimulate debates between governments and Roma NGOs.

127. The ODIHR-CPRSI will support capacity-building for Roma and Sinti NGOs.

128. The ODIHR-CPRSI will establish a database of best practices in OSCE participating States.

129. The ODIHR-CPRSI should assume a proactive role in analysing measures undertaken by par- ticipating States, as well as in particular situations and incidents relating to Roma and Sinti peo- ple. Towards this end CPRSI will establish and develop direct contacts with participating States and will offer advice and opinions to them.

130. Governments concerned will co-operate with the ODIHR-CPRSI in identifying effective solu- tions to crisis situations.

131. The ODIHR-CPRSI will provide Roma and Sinti communities with more information on OSCE resources and activities.

132. In co-operation with relevant OSCE institutions and structures, the ODIHR will develop appropriate action aimed at tackling the root causes of trafficking in human beings, especially in children, and raise awareness of its consequences among Roma and Sinti communities. (…)

138. The ODIHR-CPRSI will disseminate information on this Plan to Roma and Sinti communi- ties and organizations as well as to other international organizations.

Mass Media

Recommended action by OSCE institutions and structures: (…)

41. The ODIHR-CPRSI and the RFOM will organize round tables with journalists on the image that Roma and Sinti communities have in society.

48 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

VI. Enhancing participation in public and political life

Recommended action by OSCE institutions and structures: 2 (…)

100. The ODIHR-CPRSI should help to organize training for and by Roma NGOs, including media organizations, for wider Roma communities on the issues of democratic processes and participation. (…)

105. The ODIHR-CPRSI and, where appropriate, other OSCE institutions and structures, includ- ing OSCE field operations, will design programmes that encourage Roma and Sinti representatives to stand as candidates for elected bodies or will identify creative solutions that would ensure the participation of Roma and Sinti representatives in national and local decision-making processes.

Kyiv 2013 (Decision No. 4/13 on enhancing OSCE efforts to implement the action plan on improving the situation of Roma and Sinti within the OSCE area, with a particular focus on Roma and Sinti women, youth and children)

IV. Additional Tasks Related to Tolerance and Non-discrimination, Including Roma and Sinti Issues

See also: I. 2.3.4.A.III: ODIHR Contact Point for Roma and Sinti Issues

Rome 1993 (Decisions: X. Declaration on Aggressive Nationalism, Racism, Chauvinism, Xenophobia and Anti-Semitism)

1. Recalling their decisions taken at the Stockholm Council Meeting, the Ministers noted with deep concern the growing manifestations of aggressive nationalism, such as territorial expansionism, as well as racism, chauvinism, xenophobia and anti-semitism. (…)

6. The Ministers decided to keep this issue high on the agenda of the CSCE and therefore decided: (…)

to request the ODIHR to pay special attention to these phenomena and to apply resources as nec- essary on addressing these problems.

Budapest 1994 (Decisions: VIII. The Human Dimension)

49 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

attention to these phenomena, collecting information on their various manifestations in partic- ipating States.

Bucharest 2001 (Decision No. 5/01)

The Ministerial Council (…)

Calls on OSCE institutions, particularly the ODIHR, the High Commissioner on National Minori- ties, and the Representative on Freedom of the Media, to pay increased attention to manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-semitism and violent extremism, to countering intolerance and discrimination on the ground of racial or ethnic origin, religious, political or other opinion and to fostering respect for rule of law, democratic values, human rights and fundamental freedoms, including freedom of expression, thought, conscience, religion or belief;

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

III Combating racism and discrimination

Legislation and law enforcement

Recommended action by OSCE institutions and structures:

20. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will assist participating States, at their request, in developing anti-discrimination legislation, as well as in establishing anti-discrimination bodies. (…)

22. Upon request, the ODIHR will provide advice on how a participating State’s existing mech- anisms, such as ombudsman offices, commissions for combating discrimination, police discipli- nary commissions, and other relevant bodies can alleviate tensions between Roma and Sinti and non-Roma communities.

Police

Recommended action by OSCE institutions and structures:

33. The Strategic Police Matters Unit in the Secretariat and the ODIHR will assist participating States in developing programmes and confidence-building measures — such as community policing — to improve the relations between Roma and Sinti people and the police, particularly at the local level.

Mass Media

Recommended action by OSCE institutions and structures:

50 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

and the RFOM should organize public debates, anti-discrimination campaigns and joint training programmes with and for the media. (…) 2 Health care

Recommended action by OSCE institutions and structures:

64. In co-operation with other international organizations and NGOs, the ODIHR will draw upon existing research data to identify socio-economic, political and cultural factors that have an impact on the health status of particular Roma and Sinti populations, and will advise participating States regarding public health programmes which would respond to needs identified.

VI. Enhancing participation in public and political life

Recommended action by OSCE institutions and structures:

99. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will develop programmes aimed at fostering the registration necessary for full political participation. (…)

101. The ODIHR and, where appropriate, other OSCE institutions and structures, including OSCE field operations, will develop and implement voter education and voter registration programmes.

102. The ODIHR will act as a catalyst for exchanges of information and best practices among par- ticipating States and other international organizations.

103. The ODIHR will continue and strengthen the practice of examining the involvement of Roma people in voting and election processes, and will continue the practice of including Roma and Sinti experts in its election observation missions in the OSCE area. (…)

106. The ODIHR will devote particular attention to activities aimed at increasing access by Roma women to all areas of public and political life.

VII. Roma and Sinti in crisis and post-crisis situations

Recommended action by OSCE institutions and structures:

113. The ODIHR will make use of its specific role in addressing conflict prevention and identify- ing areas of potential crisis requiring early intervention. (…)

116. The ODIHR will assume a proactive role in analysing measures undertaken by participating States relating to Roma and Sinti people and offer its advice with a view to better tackling those elements of tension in particular local contexts which may evolve, if not prevented, into open con- flict situations.

51 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council (…)

6. Encourages all participating States to collect and keep records on reliable information and statis- tics on hate crimes, including on forms of violent manifestations of racism, xenophobia, discrim- ination, and anti-Semitism, as discussed and recommended in the above-mentioned conferences. Recognizing the importance of legislation to combat hate crimes, participating States will inform the ODIHR about existing legislation regarding crimes fuelled by intolerance and discrimination, and, where appropriate, seek the ODIHR’s assistance in the drafting and review of such legislation;

7. Tasks the ODIHR, in full co-operation, inter alia, with the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the European Commission against Racism and Intolerance (ECRI) and the European Monitoring Centre on Racism and Xenophobia (EUMC), as well as relevant NGOs, with serving as a collection point for information and statistics collected by participating States, and with reporting regularly on these issues, including in the format of the Human Dimension Implementation Meeting, as a basis for deciding on priorities for future work. The ODIHR will, inter alia, promote best practices and disseminate lessons learned in the fight against intolerance and discrimination; (…)

16. Tasks the Permanent Council, the ODIHR, the HCNM and the RFoM, in close co-operation with the Chairmanship-in-Office, with ensuring an effective follow-up to the relevant provisions of the present decision, and requests the Permanent Council to address the operational and fund- ing modalities for the implementation of this decision.

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 607: Combating Anti-Semitism)

The Permanent Council, (…)

In order to reinforce our common efforts to combat anti-Semitism across the OSCE region,

Decides (…)

2. To task the ODIHR to: • Follow closely, in full co-operation with other OSCE institutions as well as the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the European Commis- sion against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenophobia (EUMC) and other relevant international institutions and NGOs, anti-Semitic inci- dents in the OSCE area making use of all reliable information available; • Report its findings to the Permanent Council and to the Human Dimension Implementation Meeting and make these findings public. These reports should also be taken into account in deciding on priorities for the work of the OSCE in the area of intolerance;

52 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

• Systematically collect and disseminate information throughout the OSCE area on best practices for preventing and responding to anti-Semitism and, if requested, offer advice to participating States in their efforts to fight anti-Semitism; 2 (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination)

The Permanent Council, (…)

In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,

Decides, (…)

2. To task the ODIHR to: • Follow closely, in full co-operation with other OSCE institutions as well as the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the United Nations Office of the High Commissioner for Human Rights (UNHCHR), the European Commission against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenophobia (EUMC) and other relevant international institutions and NGOs, incidents motivated by rac- ism, xenophobia, or related intolerance, including against Muslims, and anti-Semitism in the OSCE area making use of all reliable information available; • Report its findings to the Permanent Council and to the Human Dimension Implementation Meeting and make these findings public. These reports should also be taken into account in deciding on priorities for the work of the OSCE in the area of intolerance; • Systematically collect and disseminate information throughout the OSCE area on best practices for preventing and responding to racism, xenophobia and discrimination and, if requested, offer advice to participating States in their efforts to fight racism, xenophobia and discrimination; • Support the ability of civil society and the development of partnerships to address racism, xeno- phobia, discrimination or related intolerance, including against Muslims, and anti-Semitism (…)

Ljubljana 2005 (Decision No. 10/05 on Tolerance and Non-Discriminations: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

6. Tasks the ODIHR to:

6.1 Assist participating States upon their request in developing appropriate methodologies and capacities for collecting and maintaining reliable information and statistics about hate crimes and violent manifestations of intolerance and discrimination, with a view to helping them to collect comparable data and statistics;

53 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

6.2 Continue its co-operation with other OSCE structures and institutions, as well as with the United Nations Committee on the Elimination of Racial Discrimination (UNCERD), the United Nations Office of the High Commissioner for Human Rights (UNHCHR), the European Com- mission against Racism and Intolerance (ECRI), the European Monitoring Centre on Racism and Xenophobia (EUMC), the Task Force for International Cooperation on Holocaust Educa- tion, Remembrance and Research, and with other relevant institutions and civil society, includ- ing non-governmental organizations;

6.3 Through its Advisory Panel of Experts on Freedom of Religion or Belief, to continue providing support to the participating States, upon their request, in their efforts to promote freedom of reli- gion or belief, and to share the Panel’s conclusions and opinions with OSCE participating States, both bilaterally and at relevant OSCE conferences and events; (…)

Ljubljana 2005 (Decision No. 11/05 on Promoting of Human Rights Education and Training in the OSCE Area)

The Ministerial Council, (…)

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

14. Encourages the Office for Democratic Institutions and Human Rights (ODIHR), based on existing commitments, including through cooperation with relevant OSCE executive structures: (a) To further strengthen the work of its Tolerance and Non-Discrimination Programme, in par- ticular its assistance programmes, in order to assist participating States upon their request in implementing their commitments; (b) To further strengthen the work of the ODIHR’s Advisory Panel of Experts on Freedom of Reli- gion or Belief in providing support and expert assistance to participating States; (c) To continue its close cooperation with other relevant intergovernmental agencies and civil soci- ety working in the field of promoting mutual respect and understanding and combating intoler- ance and discrimination, including through hate crime data collection; (d) To continue to serve as a collection point for information and statistics on hate crimes and rel- evant legislation provided by participating States and to make this information publicly available through its Tolerance and NonDiscrimination Information System and its report on Challenges and Responses to Hate-Motivated Incidents in the OSCE Region;

54 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(e) To strengthen, within existing resources, its early warning function to identify, report and raise awareness on hatemotivated incidents and trends and to provide recommendations and assistance to participating States, upon their request, in areas where more adequate responses are needed; 2 (…)

Helsinki 2008 (Decision No. 6/08 on Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

The Ministerial Council, (…)

Determined to enhance OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, (…)

2. Calls upon the ODIHR, within existing resources, to assist participating States upon their request in promoting access of Roma and Sinti children to early education. In this regard, urges partic- ipating States when appropriate to undertake awareness raising initiatives, also including Roma and Sinti communities, on the benefits of early education; (…)

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration

The Ministerial Council, (…)

6. Tasks the ODIHR, in co-operation and co-ordination with the HCNM and the Representative of Freedom of the Media and other relevant OSCE executive structures, within their mandates and within existing resources, to continue to assist participating States to combat acts of discrimina- tion and violence against Roma and Sinti, to counter negative stereotypes of Roma and Sinti in the media taking into account relevant OSCE freedom of the media commitments, and to implement fully OSCE commitments pertaining in particular to the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area as well as to address the chal- lenges linked to the sustainable and successful integration of Roma and Sinti; (…)

8. Tasks the ODIHR, in consultation with the participating States and in close co-operation with other relevant OSCE institutions, within their mandates, to develop and implement relevant pro- jects on the issue of Roma and Sinti early education, such as projects on teacher training and on overcoming low school attendance;

9. Encourages the relevant OSCE institutions to enhance their co-operation and co-ordination with other relevant international actors such as the Council of Europe and the European Union, when appropriate, as well as civil society actors focusing on Roma and Sinti related issues;

55 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

10. Invites the Director of the ODIHR to keep the participating States informed about the ODIHR’s work in assisting participating States to promote Roma and Sinti sustainable integration during his or her regular reporting to the Permanent Council.

Athens 2009 (Decision No. 9/09 on Combating Hate Crimes)

The Ministerial Council, (…)

12. Tasks the ODIHR to explore, in consultations with the participating States and in co-operation with relevant international organizations and civil society partners, the potential link between the use of the Internet and bias-motivated violence and the harm it causes as well as eventual practi- cal steps to be taken;

13. Invites the Director of the ODIHR to keep the participating States informed about the ODIHR’s work in assisting the participating States to combat hate crimes during his or her regular report- ing to the Permanent Council.

Basel 2014 (Declaration on enhancing efforts to combat anti-semitism)

We call upon the ODIHR to:

Offer to participating States best practices on efforts to counter anti-Semitism, including by consult- ing civil society, to effectively identify and address contemporary manifestations of anti-Semitism;

Facilitate co-operation between governmental officials and civil society on issues related to anti-Sem- itism, including hate crime and Holocaust remembrance;

Assist participating States in their efforts to collect data on anti-Semitic hate crimes, in co-oper- ation with civil society, as appropriate;

Facilitate the exchange of best practices among participating States on educational initiatives and other measures to raise awareness of anti-Semitism and overcome challenges to Holocaust education;

Promote dialogue and strengthen the capacity of civil society to foster mutual respect and under- standing in order to advance the cause of co-operation between different communities.

V. Additional Tasks Related to Gender Equality

Sofia 2004 (Annex to Decision No. 14/04; 2004 OSCE Action Plan for the Promotion of Gender Equality)

V. Supporting OSCE participating States in implementing relevant commitments to promoting equality between women and men (…)

44. Priorities (a) Developing projects in OSCE States not hosting missions

56 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

• In countries without missions, the ODIHR will identify projects to support measures in the areas of prevention of violence against women, promotion of women in the public, political, and eco- nomic spheres, and support for national gender-mainstreaming. 2 (b) Ensuring non-discriminatory legal and policy frameworks • The ODIHR, in co-operation with other international organizations and relevant national bodies and institutions, will assist OSCE participating States in complying with international instru- ments for the promotion of gender equality and women’s rights, and in reviewing legislation to ensure appropriate legal guarantees for the promotion of gender equality in accordance with OSCE and other commitments; • The ODIHR will assist in the development and implementation of specific programmes and activities to promote women’s rights, to increase the role of women at all levels of decision-mak- ing, and to promote equality between women and men throughout the OSCE area, particularly through education in gender awareness; • The ODIHR will assist in the implementation and assessment of national strategies and action plans on measures to promote gender equality and gender-mainstreaming; (…) (d) Ensuring equal opportunity for participation of women in political and public life • The ODIHR will assist participating States in developing effective measures to bring about the equal participation of women in democratic processes and will assist in developing best prac- tices for their implementation; • The ODIHR and the OSCE field operations will assist, as appropriate, in building up local capaci- ties and expertise on gender issues as well as networks linking community leaders and politicians; • The ODIHR will continue to assist participating States in promoting women’s political partici- pation. It will continue, as a part of its Election Observation Mission, to monitor and report on women’s participation in electoral processes. When possible, additionally, the ODIHR will com- mission and publish reports specifically analysing the situation of women in electoral processes; (g) Building national mechanisms for the advancement of women • The ODIHR will continue to provide know-how and support for the building-up of democratic institutions for advancing gender equality, such as Ombudsman’s offices at local and national levels, as appropriate; • The ODIHR will facilitate dialogue and co-operation between civil society, media and govern- ment in promoting gender-mainstreaming.

VI. Additional Tasks Related to Combating Trafficking in Human Beings

Vienna 2000 (Decision on Enhancing the OSCE’S Efforts to Combat Trafficking in Human Beings)

The Ministerial Council (…)

7. Calls on OSCE institutions, in particular the ODIHR, and field operations, to develop and imple- ment anti-trafficking programmes and to promote co-ordinated efforts in the areas of prevention, prosecution and protection, in co-operation with non-governmental organizations as well as inter- national organizations and other relevant institutions;

57 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(…)

13. Calls on the OSCE Secretariat, in co-operation with the ODIHR, to intensify anti-trafficking training in its induction programmes for OSCE field personnel in order to enhance their capac- ity to monitor, report and respond to the problem of trafficking through regular OSCE activities; and to raise awareness within OSCE institutions and among OSCE personnel of the problems of trafficking; these training programmes should also be made available to participating States and other international organizations; (…)

Maastricht 2003 (Annex to Decision No. 2/03 on Combating Trafficking in Human Beings; OSCE Action Plan to Combat Trafficking in Human Beings)

III. Investigation, law enforcement and prosecution (…)

9. Legislative review and reform

9.1 The ODIHR, and where appropriate the field operations, will continue to promote and support legislative review and reform efforts in compliance with international standards. (…)

10.4 As part of its assistance in the development of National Referral Mechanisms the ODIHR will continue to promote and encourage co-operation between law enforcement and civil society. (…)

12. Training

12.1 The ODIHR and the OSCE Strategic Police Matters Unit will continue to develop training materials targeted at law enforcement authorities on trafficking and sex crimes investigation, con- sult with the International Law Enforcement Academy (ILEA) in Budapest regarding possibilities for incorporating this training into ILEA programs, identify law enforcement trainers to conduct training, and facilitate funding training sessions for law enforcement authorities in OSCE par- ticipating States.

IV. Prevention of trafficking in human beings

8. Awareness-raising

8.1 The ODIHR and, where appropriate, field operations will continue to contribute to research efforts as well as promoting and carrying out awareness-raising initiatives in co-operation with relevant partners throughout the OSCE region.

8.2 (…) The ODIHR will enhance training activities with regard to the responsibility of the media for dealing with the topic of trafficking in a sensitive manner and without reinforcing negative stereotypes. Training will stress the complexity of the trafficking phenomenon and the need for a comprehensive response.

58 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

V. Protection and assistance

11. National Referral Mechanism 2 11.1 Enhancing the activities of the OSCE, especially the ODIHR, in assisting participating States, upon their request, in establishing the NRM.

11.2 Tasking the OSCE Strategic Police Matters Unit, together with the ODIHR, with the further development of guidelines or a manual on the identification of suspected victims and of evidence of THB, in order to assist participating States, as appropriate. (…)

14. Training (…)

14.2 Tasking the ODIHR with the collection and dissemination of information on measures, train- ing programmes and materials already in place in OSCE participating States.

15. Legislative measures

15.1 In co-ordination with the United Nations Office on Drugs and Crime, the Council of Europe and other relevant actors, the ODIHR will continue to assist participating States, upon their request, in bringing their national legislation into compliance with international norms and standards, particularly by promoting a humanitarian and compassionate approach to the victims of THB.

VI. Follow-up and co-ordinating mechanisms

7. Tasks the ODIHR with rendering necessary technical assistance to participating States, when appropriate, in developing National Anti-Trafficking Plans of Action, including legislative and other assistance measures aimed at effective prevention and combating trafficking and protec- tion of victims; (…)

9. Tasks the ODIHR with the further development of its clearing-house function for the exchange of information, contacts, materials and good practices and with the enhancement of its project activities.

VII. Additional Tasks Related to Combating Terrorism

Bucharest 2001 (Annex to Decision 1 on Combating Terrorism; The Bucharest Plan of Action for Combating Terrorism

II. International legal obligations and political commitments (…)

6. Office for Democratic Institutions and Human Rights (ODIHR): Will, on formal request by interested participating States and where appropriate, offer technical assistance/advice on legis- lative drafting necessary for the ratification of international instruments, in close co-operation

59 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

with other organizations, including the United Nations Office for Drug Control and Crime Pre- vention (UNODCCP). (…)

III. Preventive action against terrorism in the OSCE area (…)

10. Institution building, strengthening the rule of law and state authorities: ODIHR: Will con- tinue and increase efforts to promote and assist in building democratic institutions at the request of States, inter alia by helping to strengthen administrative capacity, local and central government and parliamentary structures, the judiciary, ombudsman institutions and civil society. Will facil- itate exchanges of best practices and experience between participating States in this regard. Will continue to develop projects to solidify democratic institutions, civil society and good governance. (…)

Strengthening national anti-terrorism legislation: (…)

18. ODIHR: Will, on request by interested participating States and where appropriate, offer techni- cal assistance/advice on the implementation of international anti-terrorism conventions and pro- tocols as well as on the compliance of this legislation with international standards, in accordance with Permanent Council decisions, and will seek co-operation with other organizations, especially the UNODCCP, to this end. Will consider facilitating contacts between national experts to pro- mote exchange of information and best practices on counter-terrorism legislation. (…)

Supporting law enforcement and fighting organized crime: (…)

22. ODIHR: Will provide continued advice to participating States, at their request, on strength- ening domestic legal frameworks and institutions that uphold the rule of law, such as law enforce- ment agencies, the judiciary and the prosecuting authorities, bar associations and defence attorneys. Will expand its efforts to combat trafficking in human beings and to support victims of traffick- ing. Will, where appropriate, support prison reform and improvements in criminal procedure.

Ljubljana 2005 (Ministerial Statement on the International Convention for the Suppression of Acts of Nuclear Terrorism)

1. We, the Ministers for Foreign Affairs of the OSCE participating States, welcome the adoption by the United Nations General Assembly of the International Convention for the Suppression of Acts of Nuclear Terrorism. (…)

4. We urge the (…) Office for Democratic Institutions and Human Rights to offer to the requesting participating States, on their formal demand and where appropriate, technical assistance/advice on the swift ratification, acceptance or approval of this International Convention, in close co-op- eration with the United Nations Office on Drugs and Crime. (…)

60 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Madrid 2007 (Ministerial Statement on Supporting the United Nations Global Counter- Terrorism Strategy) (…) 2 22. The Office for Democratic Institutions and Human Rights will continue to assist participating States, at their request, in ensuring that their counterterrorism initiatives are human rights compli- ant, pursuant to their OSCE commitments. The ODIHR will continue to offer technical assistance and advice on the human rights aspects of the drafting and implementation of national legislation aimed at countering the threats posed by terrorism, violent extremism and radicalization that lead to terrorism, and will continue to facilitate dialogue between State and non-governmental actors with a view to exploring areas of cooperation and mutual assistance; (…)

B. The High Commissioner on National Minorities

Helsinki 1992 (Decision II. CSCE High Commissioner on National Minorities)

(1) The participating States decide to establish a High Commissioner on National Minorities Mandate

(2) The High Commissioner will act under the aegis of the CSO and will thus be an instrument of conflict prevention at the earliest possible stage.

(3) The High Commissioner will provide “early warning” and, as appropriate, “early action” at the earliest possible stage in regard to tensions involving national minority issues which have not yet developed beyond an early warning stage, but, in the judgement of the High Commissioner, have the potential to develop into a conflict within the CSCE area, affecting peace, stability or relations between participating States, requiring the attention of and action by the Council or the CSO.

(4) Within the mandate, based on CSCE principles and commitments, the High Commissioner will work in confidence and will act independently of all parties directly involved in the tensions. (5a) The High Commissioner will consider national minority issues occurring in the State of which the High Commissioner is a national or a resident, or involving a national minority to which the High Commissioner belongs, only if all parties directly involved agree, including the State concerned. (5b) The High Commissioner will not consider national minority issues in situations involving organized acts of terrorism. (5c) Nor will the High Commissioner consider violations of CSCE commitments with regard to an individual person belonging to a national minority.

(6) In considering a situation, the High Commissioner will take fully into account the availabil- ity of democratic means and international instruments to respond to it, and their utilization by the parties involved.

(7) When a particular national minority issue has been brought to the attention of the CSO, the involvement of the High Commissioner will require a request and a specific mandate from the CSO.

Profile, appointment, support

61 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(8) The High Commissioner will be an eminent international personality with long-standing rele- vant experience from whom an impartial performance of the function may be expected.

(9) The High Commissioner will be appointed by the Council by consensus upon the recommen- dation of the CSO for a period of three years, which may be extended for one further term of three years only.

(10) The High Commissioner will draw upon the facilities of the ODIHR in Warsaw, and in particular upon the information relevant to all aspects of national minority questions available at the ODIHR.

Early warning

(11) The High Commissioner will: (11a) collect and receive information regarding national minority issues from sources described below (see Supplement paragraphs (23)-(25)); (11b) assess at the earliest possible stage the role of the parties directly concerned, the nature of the tensions and recent developments therein and, where possible, the potential consequences for peace and stability within the CSCE area; (11c) to this end, be able to pay a visit, in accordance with paragraph (17) and Supplement para- graphs (27)-(30), to any participating State and communicate in person, subject to the provisions of paragraph (25), with parties directly concerned to obtain first-hand information about the sit- uation of national minorities.

(12) The High Commissioner may during a visit to a participating State, while obtaining first-hand information from all parties directly involved, discuss the questions with the parties, and where appropriate promote dialogue, confidence and co-operation between them.

Provision of early warning

(13) If, on the basis of exchanges of communications and contacts with relevant parties, the High Commissioner concludes that there is a prima facie risk of potential conflict (as set out in para- graph (3)) he/she may issue an early warning, which will be communicated promptly by the Chair- man-in-Office to the CSO.

(14) The Chairman-in-Office will include this early warning in the agenda for the next meeting of the CSO. If a State believes that such an early warning merits prompt consultation, it may initi- ate the procedure set out in Annex 2 of the Summary of Conclusions of the Berlin Meeting of the Council (“Emergency Mechanism”).

(15) The High Commissioner will explain to the CSO the reasons for issuing the early warning.

Early action

(16) The High Commissioner may recommend that he/she be authorized to enter into further con- tact and closer consultations with the parties concerned with a view to possible solutions, accord- ing to a mandate to be decided by the CSO. The CSO may decide accordingly.

Accountability

62 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(17) The High Commissioner will consult the Chairman-in-Office prior to a departure for a par- ticipating State to address a tension involving national minorities. The Chairman-in-Office will consult, in confidence, the participating State(s) concerned and may consult more widely. 2 (18) After a visit to a participating State, the High Commissioner will provide strictly confiden- tial reports to the Chairman-in-Office on the findings and progress of the High Commissioner’s involvement in a particular question.

(19) After termination of the involvement of the High Commissioner in a particular issue, the High Commissioner will report to the Chairman-in-Office on the findings, results and conclu- sions. Within a period of one month, the Chairman-in-Office will consult, in confidence, on the findings, results and conclusions the participating State(s) concerned and may consult more widely. Thereafter the report, together with possible comments, will be transmitted to the CSO.

(20) Should the High Commissioner conclude that the situation is escalating into a conflict, or if the High Commissioner deems that the scope for action by the High Commissioner is exhausted, the High Commissioner shall, through the Chairman-in-Office, so inform the CSO.

(21) Should the CSO become involved in a particular issue, the High Commissioner will provide information and, on request, advice to the CSO, or to any other institution or organization which the CSO may invite, in accordance with the provisions of Chapter III of this document, to take action with regard to the tensions or conflict.

(22) The High Commissioner, if so requested by the CSO and with due regard to the requirement of confidentiality in his/her mandate, will provide information about his/her activities at CSCE implementation meetings on Human Dimension issues.

Supplement

Sources of information about national minority issues

(23) The High Commissioner may: (23a) collect and receive information regarding the situation of national minorities and the role of parties involved therein from any source, including the media and non-governmental organi- zations with the exception referred to in paragraph (25); (23b) receive specific reports from parties directly involved regarding developments concerning national minority issues. These may include reports on violations of CSCE commitments with respect to national minorities as well as other violations in the context of national minority issues.

(24) Such specific reports to the High Commissioner should meet the following requirements: • they should be in writing, addressed to the High Commissioner as such and signed with full names and addresses; • they should contain a factual account of the developments which are relevant to the situation of persons belonging to national minorities and the role of the parties involved therein, and which have taken place recently, in principle not more than 12 months previously. The reports should contain information which can be sufficiently substantiated.

(25) The High Commissioner will not communicate with and will not acknowledge communica- tions from any person or organization which practises or publicly condones terrorism or violence.

63 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Parties directly concerned

(26) Parties directly concerned in tensions who can provide specific reports to the High Commis- sioner and with whom the High Commissioner will seek to communicate in person during a visit to a participating State are the following: (26a) governments of participating States, including, if appropriate, regional and local authorities in areas in which national minorities reside; (26b) representatives of associations, non-governmental organizations, religious and other groups of national minorities directly concerned and in the area of tension, which are authorized by the persons belonging to those national minorities to represent them. Conditions for travel by the High Commissioner

(27) Prior to an intended visit, the High Commissioner will submit to the participating State con- cerned specific information regarding the intended purpose of that visit. Within two weeks the State(s) concerned will consult with the High Commissioner on the objectives of the visit, which may include the promotion of dialogue, confidence and co-operation between the parties. After entry the State concerned will facilitate free travel and communication of the High Commissioner subject to the provisions of paragraph (25) above.

(28) If the State concerned does not allow the High Commissioner to enter the country and to travel and communicate freely, the High Commissioner will so inform the CSO.

(29) In the course of such a visit, subject to the provision of paragraph (25) the High Commissioner may consult the parties involved, and may receive information in confidence from any individual, group or organization directly concerned on questions the High Commissioner is addressing. The High Commissioner will respect the confidential nature of the information.

(30) The participating States will refrain from taking any action against persons, organizations or institutions on account of their contact with the High Commissioner.

High Commissioner and involvement of experts

(31) The High Commissioner may decide to request assistance from not more than three experts with relevant expertise in specific matters on which brief, specialized investigation and advice are required.

(32) If the High Commissioner decides to call on experts, the High Commissioner will set a clearly defined mandate and time-frame for the activities of the experts.

(33) Experts will only visit a participating State at the same time as the High Commissioner. Their mandate will be an integral part of the mandate of the High Commissioner and the same condi- tions for travel will apply.

(34) The advice and recommendations requested from the experts will be submitted in confi- dence to the High Commissioner, who will be responsible for the activities and for the reports of the experts and who will decide whether and in what form the advice and recommendations will be communicated to the parties concerned. They will be non-binding. If the High Commissioner decides to make the advice and recommendations available, the State(s) concerned will be given the opportunity to comment.

64 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

(35) The experts will be selected by the High Commissioner with the assistance of the ODIHR from the resource list established at the ODIHR as laid down in the Document of the Moscow Meeting. 2 (36) The experts will not include nationals or residents of the participating State concerned, or any person appointed by the State concerned, or any expert against whom the participating State has previously entered reservations. The experts will not include the participating State’s own nation- als or residents or any of the persons it appointed to the resource list, or more than one national or resident of any particular State.

Stockholm 1992 (Decisions: 3. High Commissioner on National Minorities)

(…) The Ministers expressed their support for the High Commissioner and their readiness to co-op- erate with him in the execution of his complex but crucial task of identifying and containing at the earliest possible stage tensions involving national minority issues which have the potential to develop into a conflict within the CSCE area.

The Ministers encouraged the High Commissioner to analyse carefully potential areas of tension, to visit any participating State and to undertake wide-ranging discussions at all levels with parties directly involved in the issues. In this context, the High Commissioner may discuss the questions with the parties and, where appropriate, promote dialogue, confidence and co-operation between them at all levels, to enhance political solutions in line with CSCE principles and commitments.

The Ministers undertook to provide the High Commissioner with relevant information at their disposal on national minority issues, fully respecting the independence of the High Commissioner in accordance with the mandate.

Rome 1993 (Decisions: III. High Commissioner on National Minorities)

Bearing in mind the close interrelationship between questions relating to national minorities and conflict prevention, the Ministers encouraged the High Commissioner on National Minorities (HCNM) to pursue his activities under his Mandate (…) The Ministers stressed the importance of participating States co-operating fully with the High Commissioner and supporting follow-up and implementation of his recommendations (…)

Bucharest 2001 (Decision No. 5/01)

The Ministerial Council, (…)

65 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

III Combating racism and discrimination

Legislation and law enforcement

Recommended action by OSCE institutions and structures: (…)

21. The HCNM, within its mandate, will continue to follow the development of anti-discrimination legislation and provide advice and assistance to the participating States in this respect, as appropriate.

Police

Recommended action by OSCE institutions and structures: (…)

35. The HCNM, the ODIHR-CPRSI and the Strategic Police Matters Unit will assist the participating States in developing codes of conduct to prevent racial profiling and improve interethnic relations.

Mass Media

Recommended action by OSCE institutions and structures: (…)

42. The HCNM will continue to elaborate and disseminate guidelines for policy-makers on the use of the State broadcast media in multicultural communities, aimed, inter alia, at encouraging support for minority broadcasters, including Roma and Sinti broadcasters, and improving their access to the media.

V. Improving access to education

Recommended action by OSCE institutions and structures:

85. The HCNM will encourage participating States to comply with their commitments to provide free and equal access to public education to all members of society, and will encourage them to take steps to improve the situation of Roma and Sinti people in this respect.

86. The HCNM will continue to provide guidance on educational models, curriculum content and the teaching of, or in, the mother tongue, including the Romani language.

VI. Enhancing participation in public and political life

Recommended action by OSCE institutions and structures: (…)

66 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

104. The HCNM, within its mandate, will continue to advise States on appropriate ways and means of facilitating the participation of Roma and Sinti people in all areas of public life. 2 VII. Roma and Sinti in crisis and post-crisis situations (…)

Recommended action by OSCE institutions and structures: (…)

117. The HCNM will continue to exercise his mandate of conflict prevention at the earliest pos- sible stage.

Sofia 2004 (Annex to Decision No. 14/04, 2004 OSCE Action Plan for the Promotion of Gender Equality)

V. Supporting OSCE participating States in implementing relevant commitments to promoting equality between women and men (…) (d) Ensuring equal opportunity for participation of women in political and public life (…) • The High Commissioner on National Minorities (HCNM) will address specific issues relating to the participation in public and private life of women belonging to national minorities and, in policies and projects developed by his/her office, take steps necessary to counter the double discrimination suffered by these women, as appropriate within the context of his/her conflict prevention mandate;

C. The Representative on Freedom of the Media

Copenhagen 1997 (Annex 1: Permanent Council Decision No. 193, Mandate of the OSCE Representative on Freedom of the Media)

1. The participating States reaffirm the principles and commitments they have adhered to in the field of free media. They recall in particular that freedom of expression is a fundamental and inter- nationally recognized human right and a basic component of a democratic society and that free, independent and pluralistic media are essential to a free and open society and accountable systems of government. Bearing in mind the principles and commitments they have subscribed to within the OSCE, and fully committed to the implementation of paragraph 11 of the Lisbon Summit Dec- laration, the participating States decide to establish, under the aegis of the Permanent Council, an OSCE Representative on Freedom of the Media. The objective is to strengthen the implementation of relevant OSCE principles and commitments as well as to improve the effectiveness of concerted action by the participating States based on their common values. The participating States confirm that they will co-operate fully with the OSCE Representative on Freedom of the Media. He or she will assist the participating States, in a spirit of co-operation, in their continuing commitment to the furthering of free, independent and pluralistic media.

2. Based on OSCE principles and commitments, the OSCE Representative on Freedom of the Media will observe relevant media developments in all participating States and will, on this basis,

67 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

and in close co-ordination with the Chairman-in-Office, advocate and promote full compliance with OSCE principles and commitments regarding freedom of expression and free media. In this respect he or she will assume an early-warning function. He or she will address serious problems caused by, inter alia, obstruction of media activities and unfavourable working conditions for journalists. He or she will closely co-operate with the participating States, the Permanent Coun- cil, the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities and, where appropriate, other OSCE bodies, as well as with national and international media associations.

3. The OSCE Representative on Freedom of the Media will concentrate, as outlined in this para- graph, on rapid response to serious non-compliance with OSCE principles and commitments by participating States in respect of freedom of expression and free media. In the case of an allega- tion of serious non-compliance therewith, the OSCE Representative on Freedom of the Media will seek direct contacts, in an appropriate manner, with the participating State and with other parties concerned, assess the facts, assist the participating State, and contribute to the resolution of the issue. He or she will keep the Chairman-in-Office informed about his or her activities and report to the Permanent Council on their results, and on his or her observations and recommendations.

4. The OSCE Representative on Freedom of the Media does not exercise a juridical function, nor can his or her involvement in any way prejudge national or international legal proceedings con- cerning alleged human rights violations. Equally, national or international proceedings concern- ing alleged human rights violations will not necessarily preclude the performance of his or her tasks as outlined in this mandate.

5. The OSCE Representative on Freedom of the Media may collect and receive information on the situation of the media from all bona fide sources. He or she will in particular draw on information and assessments provided by the ODIHR. The OSCE Representative on Freedom of the Media will support the ODIHR in assessing conditions for the functioning of free, independent and plural- istic media before, during and after elections.

6. The OSCE Representative on Freedom of the Media may at all times collect and receive from par- ticipating States and other interested parties (e.g. from organizations or institutions, from media and their representatives, and from relevant NGOs) requests, suggestions and comments related to strengthening and further developing compliance with relevant OSCE principles and commitments, including alleged serious instances of intolerance by participating States which utilize media in vio- lation of the principles referred to in the Budapest Document, Chapter VIII, paragraph 25, and in the Decisions of the Rome Council Meeting, Chapter X. He or she may forward requests, sugges- tions and comments to the Permanent Council, recommending further action where appropriate.

7. The OSCE Representative on Freedom of the Media will also routinely consult with the Chair- man-in-Office and report on a regular basis to the Permanent Council. He or she may be invited to the Permanent Council to present reports, within this mandate, on specific matters related to freedom of expression and free, independent and pluralistic media. He or she will report annually to the Implementation Meeting on Human Dimension Issues or to the OSCE Review Meeting on the status of the implementation of OSCE principles and commitments in respect of freedom of expression and free media in OSCE participating States.

8. The OSCE Representative on Freedom of the Media will not communicate with and will not acknowledge communications from any person or organization which practises or publicly con- dones terrorism or violence.

68 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

9. The OSCE Representative on Freedom of the Media will be an eminent international personal- ity with long-standing relevant experience from whom an impartial performance of the function would be expected. In the performance of his or her duty the OSCE Representative on Freedom 2 of the Media will be guided by his or her independent and objective assessment regarding the spe- cific paragraphs composing this mandate.

10. The OSCE Representative on Freedom of the Media will consider serious cases arising in the context of this mandate and occurring in the participating State of which he or she is a national or resident if all the parties directly involved agree, including the participating State concerned. In the absence of such agreement, the matter will be referred to the Chairman-in-Office, who may appoint a Special Representative to address this particular case.

11. The OSCE Representative on Freedom of the Media will co-operate, on the basis of regular contacts, with relevant international organizations, including the United Nations and its special- ized agencies and the Council of Europe, with a view to enhancing co-ordination and avoiding duplication.

12. The OSCE Representative on Freedom of the Media will be appointed in accordance with OSCE procedures by the Ministerial Council upon the recommendation of the Chairman-in-Office after consultation with the participating States. He or she will serve for a period of three years which may be extended under the same procedure for one further term of three years. (…)

14. The Office of the OSCE Representative on Freedom of the Media will be located in Vienna.

Bucharest 2001 (Annex to Decision 1 on Combating Terrorism; The Bucharest Plan of Action for Combating Terrorism)

11. Promoting human rights, tolerance and multi-culturalism: (…)

12. Representative on Freedom of the Media Will consider developing projects aimed at support- ing tolerance towards people of other convictions and beliefs through the use of the media. Will promote measures aimed at preventing and fighting aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism in the media. Will continue to encourage pluralistic debate and increased media attention to promoting tolerance of ethnic, religious, linguistic and cultural diver- sity and will, in this context, promote broad public access to media as well as monitor hate speech. (…)

19. Supporting law enforcement and fighting organized crime: (…)

23. Representative on Freedom of the Media: Will co-operate in supporting, on request, the draft- ing of legislation on the prevention of the abuse of information technology for terrorist purposes, ensuring that such laws are consistent with commitments regarding freedom of expression and the free flow of information.

Bucharest 2001 (Decision No. 5/01)

The Ministerial Council, (…)

69 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Maastricht 2003 (Annex to Decision No. 3/03, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

Mass Media

Recommended action by OSCE institutions and structures:

39. In co-operation with the ODIHR as well as relevant international organizations, the Represent- ative on Freedom of the Media (RFOM) should consider how the OSCE could contribute to the establishment of a European Roma Radio which would broadcast throughout Europe. The ODIHR and the RFOM should organize public debates, anti-discrimination campaigns and joint training programmes with and for the media.

40. The RFOM should consider facilitating training seminars for Roma journalists.

41. The ODIHR-CPRSI and the RFOM will organize round tables with journalists on the image that Roma and Sinti communities have in society.

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 633: Promoting Tolerance and Media Freedom on the Internet)

4. The OSCE Representative on Freedom of the Media will continue an active role in promoting both freedom of expression and access to the Internet and will continue to observe relevant devel- opments in all the participating States. The Representative will advocate and promote OSCE prin- ciples and commitments. This will include early warning when laws or other measures prohibiting speech motivated by racist, xenophobic, anti-Semitic or other related bias are enforced in a dis- criminatory or selective manner for political purposes which can lead to impeding the expression of alternative opinions and views;

Sofia 2004 (Annex to Decision No. 14/04, 2004 OSCE Action Plan for the Promotion of Gender Equality)

V. Supporting OSCE participating States in implementing relevant commitments to promoting equality between women and men (…) (d) Ensuring equal opportunity for participation of women in political and public life — The OSCE Representative on Freedom of the Media (RFOM) will be alert to allegations of serious intoler- ance towards women and incitement to gender discrimination in or by the media in participating States in accordance with Chapter 6 of the mandate of the RFOM. The Representative will inform the participating States of such cases in his/her regular reports.

70 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding) 2 The Ministerial Council, (…)

15. Encourages the Representative on Freedom of the Media, within available resources, to con- sider reviewing best practices in matters of his/her competency relating to combating intolerance; (…)

Helsinki 2008 (Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights)

On the occasion of the tenth anniversary of the Office of the Representative on Freedom of the Media, we recognize the work of this institution in promoting independent and pluralistic media essential to a free and open society and accountable systems of government. We call on partici- pating States and Partners for Cooperation to create an environment where free and independ- ent media can flourish. (…)

Milan 2018 (Decision 3/18 on the Safety of Journalists)

Calls on participating States to: (…)

13. Co-operate fully with the OSCE Representative on Freedom of the Media, including on the issue of safety of journalists;

14. Encourage the OSCE Representative on Freedom of the Media’s continued advocacy and pro- motion of safety of journalists in all OSCE participating States, in line with his/her mandate.

D. The Secretariat, Special Representative for Combating Trafficking in Human Beings

Brussels 2006 (Decision No. 3/06 on Combating Trafficking in Human Beings)

The Ministerial Council, (…)

Recalling Decision No. 2/03 of the Eleventh Ministerial Council Meeting in Maastricht on com- bating trafficking in human beings, which established, under the aegis of the Permanent Coun- cil, the OSCE mechanism to provide assistance to participating States to combat trafficking in human beings,

Reaffirming the importance of having an appropriate structure with adequate administrative and financial resources that can operate at the political level,

1. Decides that the OSCE mechanism to provide assistance to participating States to combat traf- ficking in human beings, established under the aegis of the Permanent Council, shall be changed

71 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

to form an integral part of the Secretariat. The structure will be headed by a prominent personal- ity, who will act as a Special Representative and represent the OSCE at the political level, and will consist of contracted and seconded staff, including those of the present Anti-Trafficking Assistance Unit, appointed or assigned in accordance with the OSCE Staff Regulations and Rules;

The structure shall: (a) Assist OSCE participating States in the implementation of commitments and full usage of recommendations set forth in the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum Addressing the Special Needs of Child Victims of Trafficking for Pro- tection and Assistance; (b) Ensure coordination of the OSCE’s efforts in combating trafficking in human beings across all three dimensions of the OSCE and act as a focal point for the OSCE’s efforts in this area; (c) Strengthen cooperation among the relevant authorities of the participating States and between the OSCE and other relevant organizations; (d) Raise the public and political profile of combating trafficking in human beings; (e) Operate in the whole OSCE area and as appropriate, assist the participating States, in a spirit of cooperation and following consultations with the relevant authorities of the participating States concerned, in aiming at the implementation of their commitments in combating human trafficking; (f) Provide and facilitate advice and technical assistance in the field of legislation as well as policy development, together, as necessary, with other OSCE structures engaged in this field; (g) Be ready to offer advice to senior level authorities representing the legislative, judicial, and executive branches in participating States and discuss with them the implementation of the OSCE Action Plan to Combat Trafficking in Human Beings, including its Addendum, and commitments in the field of combating trafficking in human beings. In specific cases calling for special attention, seek direct contacts, in an appropriate manner with the participating State concerned and discuss the providing of advice and concrete assistance, if needed; (h) Cooperate with national co-ordinators, national rapporteurs or other national mechanisms established by participating States for coordinating and monitoring the antitrafficking activi- ties of State institutions. It will also cooperate with relevant nongovernmental organizations in the participating States. Furthermore, it will assume responsibility within the OSCE for hosting and facilitating meetings for the exchange of information and experience between national coor- dinators, representatives designated by participating States, or experts on combating trafficking in human beings; (i) Closely cooperate, in a coordinating role and in full respect of their mandates, with the Office for Democratic Institutions and Human Rights (ODIHR) and other OSCE institutions, rele- vant structures of the Secretariat including the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), the Strategic Police Matters Unit (SPMU), the Senior Gender Adviser, as well as, where appropriate, the OSCE field operations. Drawing on the expertise within the OSCE, the OSCE structures that undertake activities in this field will closely consult with each other and the Special Representative in order to avoid duplication, ensure complementarity and coherence and, as appropriate, seek to develop an integrated approach; (j) Cooperate and seek synergies with relevant international actors, including regional organiza- tions, intergovernmental agencies and non-governmental organizations; continue to convene, chair and organize joint initiatives of the Alliance against Trafficking in Persons;

2. Calls on the Secretary General and the Chairmanship-in-Office to consult each other regard- ing the appointment of a prominent personality with relevant professional and political expertise:

72 2.3.4 OSCE Institutions/Structures with Particular Relevance to the Human Dimension

• The Secretary General will appoint the personality as co-ordinator (…), with the consent of the Chairmanship, in accordance with Decision No. 15/04 of the Twelfth Ministerial Council Meeting in Sofia; 2 • The Chairmanship-in-Office will confer on the co-ordinator the functions and title of Special Representative for Combating Trafficking in Human Beings in order to enable the incumbent to adequately represent the OSCE at the political level. The participating States will be consulted in accordance with Decision No. 8 of the Tenth Ministerial Council Meeting in Porto;

3. Affirms that the Special Representative will be politically accountable to, and will report reg- ularly and when appropriate to the Permanent Council after consultation with the Chairman- ship-in-Office and the Secretary General, as well as in accordance with Decision No. 13/05 of the Thirteenth Ministerial Council Meeting in Ljubljana; (…)

5. Decides that this decision amends Decision No. 2/03 of the Eleventh Ministerial Council Meet- ing in Maastricht and, if necessary, may be amended by the Permanent Council.

Helsinki 2008 (Decision No. 5/08 on Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach)

The Ministerial Council, (…)

13. Tasks the Special Representative within existing resources as a part of regular reporting to the Permanent Council to recommend, in cooperation with the participating States, ways to further enhance criminal justice responses to trafficking in human beings.

73 3. Restrictions and Derogations 3.1 Scope and Character of Legitimate Restrictions

3.1 Scope and Character of Legitimate Restrictions

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(21) The participating States will ensure that the exercise of the above-mentioned rights will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant on Civil and Politi- cal Rights, and with their international commitments, in particular the Universal Declaration of Human Rights. These restrictions have the character of exceptions. The participating States will 3 ensure that these restrictions are not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured.

Copenhagen 1990

(16) The participating States (…)

(16.3) – stress that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justifica- tion of torture; (…)

(24) (…) Any restriction on rights and freedoms must, in a democratic society, relate to one of the objectives of the applicable law and be strictly proportionate to the aim of that law.

3.2 Derogations from Obligations during a State of Public Emergency

Copenhagen 1990

(16) The participating States (16.3) – stress that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justifica- tion of torture; (…)

(24) (…) Any restriction on rights and freedoms must, in a democratic society, relate to one of the objectives of the applicable law and be strictly proportionate to the aim of that law.

(25) The participating States confirm that any derogations from obligations relating to human rights and fundamental freedoms during a state of public emergency must remain strictly within the limits provided for by international law, in particular the relevant international instruments by which they are bound, especially with respect to rights from which there can be no derogation. They also reaffirm that (25.1) – measures derogating from such obligations must be taken in strict conformity with the procedural requirements laid down in those instruments;

75 3.2 Derogations from Obligations during a State of Public Emergency

(25.2) – the imposition of a state of public emergency must be proclaimed officially, publicly, and in accordance with the provisions laid down by law; (25.3) – measures derogating from obligations will be limited to the extent strictly required by the exigencies of the situation; (25.4) – such measures will not discriminate solely on the grounds of race, colour, sex, language, religion, social origin or of belonging to a minority.

Moscow 1991

(28) The participating States consider it important to protect human rights and fundamental free- doms during a state of public emergency, to take into account the relevant provisions of the Doc- ument of the Copenhagen Meeting, and to observe the international conventions to which they are parties. (28.1) The participating States reaffirm that a state of public emergency is justified only by the most exceptional and grave circumstances, consistent with the State’s international obligations and CSCE commitments. A state of public emergency may not be used to subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms. If recourse to force cannot be avoided, its use must be reasonable and lim- ited as far as possible. (28.2) A state of public emergency may be proclaimed only by a constitutionally lawful body, duly empowered to do so. In cases where the decision to impose a state of public emergency may be law- fully taken by the executive authorities, that decision should be subject to approval in the shortest possible time or to control by the legislature. (28.3) The decision to impose a state of public emergency will be proclaimed officially, publicly, and in accordance with provisions laid down by law. The decision will, where possible, lay down territorial limits of a state of public emergency. The State concerned will make available to its citi- zens information, without delay, about which measures have been taken. The state of public emer- gency will be lifted as soon as possible and will not remain in force longer than strictly required by the exigencies of the situation. (28.4) A de facto imposition or continuation of a state of public emergency not in accordance with provisions laid down by law is not permissible. (28.5) The participating States will endeavour to ensure that the normal functioning of the legis- lative bodies will be guaranteed to the highest possible extent during a state of public emergency. (…) (28.7) The participating States will endeavour to refrain from making derogations from those obli- gations from which, according to international conventions to which they are parties, derogation is possible under a state of public emergency. Measures derogating from such obligations … will neither go further nor remain in force longer than strictly required by the exigencies of the sit- uation; they are by nature exceptional and should be interpreted and applied with restraint (…) (28.8) The participating States will endeavour to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency. They will endeav- our to provide in their law for control over the regulations related to the state of public emergency, as well as the implementation of such regulations. (28.9) The participating States will endeavour to maintain freedom of expression and freedom of information, consistent with their international obligations and commitments, with a view to ena- bling public discussion on the observance of human rights and fundamental freedoms as well as on

76 3.2 Derogations from Obligations during a State of Public Emergency

the lifting of the state of public emergency. They will, in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legiti- mate exercise of their profession other than those strictly required by the exigencies of the situation. (28.10) When a state of public emergency is declared or lifted in a participating State, the State concerned will immediately inform the CSCE Institution* of this decision, as well as of any dero- gation made from the State’s international human rights obligations. The Institution will inform the other participating States without delay.

* The Council will take the decision on the institution.

77 Specific Human Dimension Commitments

79 1. Commitments Related to the Right of Peoples to Self‑determination Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VIII)

The participating States will respect the equal rights of peoples and their right to self-determina- tion, acting at all times in conformity with the purposes and principles of the Charter of the United Nations and with the relevant norms of international law, including those relating to territorial integrity of States. By virtue of the principle of equal rights and self-determination of peoples, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their polit- ical, economic, social and cultural development. The participating States reaffirm the universal significance of respect for and effective exercise of equal rights and self-determination of peoples for the development of friendly relations among themselves as among all States; they also recall the importance of the elimination of any form of violation of this principle.

Vienna 1989 (Questions Relating to Security in Europe: Principles) 1 (4) [The participating States] also confirm that, by virtue of the principle of equal rights and self-de- termination of peoples and in conformity with the relevant provisions of the Final Act, all peo- ples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development.

81 2. Commitments Related to Structural Components of a Democratic Society 2.1 General Provisions

2.1 General Provisions

Bonn 1990 (Preamble)

(…) the participating States,

Recognizing the relationship between political pluralism and market economies, and being com- mitted to the principles concerning: • Multiparty democracy based on free, periodic and genuine elections; • The rule of law and equal protection under the law for all, based on respect for human rights and effective, accessible and just legal systems; • Economic activity that accordingly upholds human dignity and is free from forced labour, dis- crimination against workers on grounds of race, sex, language, political opinion or religion, or denial of the rights of workers freely to establish or join independent trade unions;

Will endeavour to achieve or maintain the following (…)

Copenhagen 1990

[The participating States] recognize that pluralistic democracy and the rule of law are essential 2 for ensuring respect for all human rights and fundamental freedoms, the development of human contacts and the resolution of other issues of a related humanitarian character. They therefore wel- come the commitment expressed by all participating States to the ideals of democracy and polit- ical pluralism as well as their common determination to build democratic societies based on free elections and the rule of law. (…)

(6) The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government (…) They recognize their responsibility to defend and protect, in accordance with their laws, their inter- national human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organ- izations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We undertake to build, consolidate and strengthen democracy as the only system of government of our nations. In this endeavour, we will abide by the following:

Human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of govern- ment. Respect for them is an essential safeguard against an over-mighty State. Their observance and full exercise are the foundation of freedom, justice and peace.

Democratic government is based on the will of the people, expressed regularly through free and fair elections. Democracy has as its foundation respect for the human person and the rule of law.

83 2.1 General Provisions

Democracy is the best safeguard of freedom of expression, tolerance of all groups of society, and equality of opportunity for each person.

Democracy, with its representative and pluralist character, entails accountability to the electorate, the obligation of public authorities to comply with the law and justice administered impartially. No one will be above the law. (…)

Our States will co-operate and support each other with the aim of making democratic gains irre- versible.

Moscow 1991

(17) The participating States (17.1) – condemn unreservedly forces which seek to take power from a representative government of a participating State against the will of the people as expressed in free and fair elections and contrary to the justly established constitutional order; (17.2) – will support vigorously, in accordance with the Charter of the United Nations, in case of overthrow or attempted overthrow of a legitimately elected government of a participating State by undemocratic means, the legitimate organs of that State upholding human rights, democracy and the rule of law, recognizing their common commitment to countering any attempt to curb these basic values;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

36. (…) Based on its human dimension commitments, the OSCE strives to promote conditions throughout its region in which all can fully enjoy their human rights and fundamental freedoms under the protection of effective democratic institutions, due judicial process and the rule of law. This includes secure environments and institutions for peaceful debate and expression of interests by all individuals and groups of society. Civil society has an important role to play in this regard, and the OSCE will continue to support and help strengthen civil society organizations.

Maastricht 2003 (OSCE Strategy Document for the Economic and Environmental Dimension)

2.2.1 Good public and corporate governance and strong institutions are essential foundations for a sound economy, which can attract investments, and thereby enable States to reduce poverty and inequality, to increase social integration and opportunities for all and to protect the environment. Good governance at all levels contributes to prosperity, stability and security. Peace, good interna- tional relations, the security and stability of the State and the security and safety of the individual within the State, based on the rule of law and respect for human rights, are crucial for the creation of the climate of confidence which is essential to ensure positive economic and social development.

2.2.2 Good governance is of critical importance for all the participating States, and we are agreed to work on a national basis, with the support of relevant international institutions, to strengthen good governance in all its aspects and to develop methods of co-operation to assist each other in achieving it.

84 2.2 Elections

2.2.3 Achieving good governance requires a comprehensive and long-term strategic approach, so that successes in one area are not undermined by weaknesses in others. We will co-operate in the development of our strategies for good governance and will share experience regarding best practices.

Helsinki 2008 (Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights) (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

2.2 Elections

See also: I. 2.3.4 A: The Office for Democratic Institutions and Human Rights (ODIHR)

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.1) – free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; (…)

85 2.2 Elections

(7) To ensure that the will of the people serves as the basis of the authority of government, the participating States will (7.1) – hold free elections at reasonable intervals, as established by law; (7.2) – permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote; (7.3) – guarantee universal and equal suffrage to adult citizens; (7.4) – ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public; (7.5) – respect the right of citizens to seek political or public office, individually or as representa- tives of political parties or organizations, without discrimination; (7.6) – respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treat- ment before the law and by the authorities; (7.7) – ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution; (7.8) – provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a nondiscriminatory basis for all political groupings and individuals wishing to par- ticipate in the electoral process; (7.9) – ensure that candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamen- tary and constitutional procedures.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that, without discrimination, everyone (…) has the right: (…) to participate in free and fair elections (…)

86 2.2 Elections

We decide to establish an Office for Free Elections in Warsaw to facilitate contacts and the exchange of information on elections within participating States.

Geneva 1991 (…)

The participating States will consider favourably, to the extent permitted by law, the presence of observers at elections held below the national level, including in areas inhabited by national minor- ities, and will endeavour to facilitate their access. (…)

Lisbon 1996 (Summit Declaration)

9. (...) Among the acute problems within the human dimension, the continuing violations of human rights, such as (...) electoral fraud (...) continue to endanger stability in the OSCE region. We are committed to continuing to address these problems.

Istanbul 1999 (Summit Declaration)

26. With a large number of elections ahead of us, we are committed to these being free and fair, and in accordance with OSCE principles and commitments. This is the only way in which there can be a stable basis for democratic development. We appreciate the role of the ODIHR in assisting 2 countries to develop electoral legislation in keeping with OSCE principles and commitments, and we agree to follow up promptly ODIHR’s election assessments and recommendations. We value the work of the ODIHR and the OSCE Parliamentary Assembly – before, during and after elections – which further contributes to the democratic process. We are committed to secure the full right of persons belonging to minorities to vote and to facilitate the right of refugees to participate in elec- tions held in their countries of origin. We pledge to ensure fair competition among candidates as well as parties, including through their access to the media and respect for the right of assembly.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

25. We reaffirm our obligation to conduct free and fair elections in accordance with OSCE com- mitments, in particular the Copenhagen Document 1990. We recognize the assistance the ODIHR can provide to participating States in developing and implementing electoral legislation. In line with these commitments, we will invite observers to our elections from other participating States, the ODIHR, the OSCE Parliamentary Assembly and appropriate institutions and organizations that wish to observe our election proceedings. We agree to follow up promptly the ODIHR’s elec- tion assessment and recommendations.

Porto 2002 (Decision No.7/02 on Election Commitments)

The Ministerial Council,

Recalling the provisions of the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE,

Noting that additional commitments…have supplemented those provisions,

Reaffirming the determination to implement these commitments,

87 2.2 Elections

Acknowledging that democratic elections can be conducted under a variety of electoral systems,

Recognizing the ODIHR’s expertise in assisting participating States in the implementation of elec- tion-related commitments,

Taking into account PC Decision No. 509, on international standards and commitments: a prac- tical guide to democratic elections best practice,

Calls upon participating States to strengthen their response to the ODIHR’s recommendations following election observations (…)

Maastricht 2003 (Decision No. 5/03 on Elections)

The Ministerial Council, (…)

Welcoming the continuing efficient co-operation between the ODIHR and the OSCE Parliamen- tary Assembly in election monitoring,

Welcoming the document “Existing Commitments for Democratic Elections in OSCE Participat- ing States: A Progress Report” (ODIHR.GAL/39/03), which was prepared by the ODIHR and sub- mitted to the participating States in June of this year,

Recognizing in particular the need for confidence by the electorate in the entire process, for trans- parency of election procedures, and for accountability on the part of authorities conducting elections, calls upon participating States to further enhance their co-operation with the ODIHR in this field,

Tasks the ODIHR to consider ways to improve the effectiveness of its assistance to participating States in following up recommendations made in ODIHR election-observation reports (…)

Brussels 2006 (Decision No. 19/06 on Strengthening the Effectiveness of the OSCE)

The Ministerial Council, (…)

1. Thanks the ODIHR for the work carried out under Ministerial Council Decision No. 17/05 par- agraph 2 and takes note of its report issued on 10 November 2006; (…)

3. Reminds the participating States that they should keep their legislation and practices in line with OSCE commitments;

88 2.3 Democratic Institutions

6. Takes note of the suggestions in the report relating to new commitments and requests the Per- manent Council to advise on them, in time for the Ministerial Council meeting in Madrid in 2007; (…)

8. Commits to further develop OSCE’s election related activities, and in this context, reaffirms the provisions of the Document of the Copenhagen Meeting on the Human Dimension of the CSCE (1990) as the corner stone of the common OSCE commitments of the participating States to pro- tect and promote human rights and fundamental freedoms, including those that are necessary for achieving democratic elections;

9. Notes that relevant provisions of the Budapest Summit Declaration (1994), the Lisbon Summit Declaration (1996), the Istanbul Summit Declaration (1999), the Charter for European Security (1999) and subsequent decisions of the Ministerial Councils of Porto (2002) and Maastricht (2003) have supplemented those commitments;

10. Reaffirms the commitments of the participating States to invite observers to elections from other participating States, the ODIHR, the OSCE Parliamentary Assembly and appropriate insti- tutions and organizations that wish to observe; 2 11. Emphasizes that the participating States can themselves effectively contribute to enhance the integrity of the electoral process by seconding observers; (…)

Astana 2010

2.3 Democratic Institutions

2.3.1 General Provisions

Copenhagen 1990

(3) [The participating States] reaffirm that democracy is an inherent element of the rule of law. They recognize the importance of pluralism with regard to political organizations.

(4) They confirm that they will respect each other’s right freely to choose and develop, in accord- ance with international human rights standards, their political, social, economic and cultural sys- tems. In exercising this right, they will ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.

89 2.3.1 General Provisions

(5) They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.1) – free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; (5.2) – a form of government that is representative in character, in which the executive is account- able to the elected legislature or the electorate; (5.3) – the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law; (5.4) – a clear separation between the State and political parties; in particular, political parties will not be merged with the State; (5.5) – the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system must be ensured; (5.6) – military forces and the police will be under the control of, and accountable to, the civil authorities; (…) (5.8) – legislation, adopted at the end of a public procedure, and regulations will be published, that being the condition for their applicability. Those texts will be accessible to everyone;

(6) The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the govern- ing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.

(7) To ensure that the will of the people serves as the basis of the authority of government, the participating States will (…) (7.2) – permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote; (…) (7.9) – ensure that candidates who obtain the necessary number of votes required by law are duly installed in office and are permitted to remain in office until their term expires or is otherwise brought to an end in a manner that is regulated by law in conformity with democratic parliamen- tary and constitutional procedures. (…)

(26) The participating States recognize that vigorous democracy depends on the existence as an integral part of national life of democratic values and practices as well as an extensive range of democratic institutions. They will therefore encourage, facilitate and, where appropriate, support practical co-operative endeavours and the sharing of information, ideas and expertise among

90 2.3.1 General Provisions

themselves and by direct contacts and co-operation between individuals, groups and organiza- tions in areas including the following: • constitutional law, reform and development; • electoral legislation, administration and observation; • establishment and management of courts and legal systems; • the development of an impartial and effective public service where recruitment and advance- ment are based on a merit system; • law enforcement; • local government and decentralization; • access to information and protection of privacy; • developing political parties and their role in pluralistic societies; • free and independent trade unions; • co-operative movements; • developing other forms of free associations and public interest groups; • journalism, independent media, and intellectual and cultural life; • the teaching of democratic values, institutions and practices in educational institutions and the fostering of an atmosphere of free enquiry. 2 Such endeavours may cover the range of co-operation encompassed in the human dimension of the CSCE, including training, exchange of information, books and instructional materials, co-opera- tive programmes and projects, academic and professional exchanges and conferences, scholarships, research grants, provision of expertise and advice, business and scientific contacts and programmes.

(27) The participating States will also facilitate the establishment and strengthening of independent national institutions in the area of human rights and the rule of law, which may also serve as focal points for co-ordination and collaboration between such institutions in the participating States. They propose that co-operation be encouraged between parliamentarians from participating States, including through existing inter-parliamentary associations and, inter alia, through joint com- missions, television debates involving parliamentarians, meetings and round-table discussions. They will also encourage existing institutions, such as organizations within the United Nations system and the Council of Europe, to continue and expand the work they have begun in this area.

Moscow 1991 (18.1) Legislation will be formulated and adopted as the result of an open process reflecting the will of the people, either directly or through their elected representatives.

Athens 2009 (Decision No. 7/09 on Women’s Participation in Political and Public Life)

The Ministerial Council, (…)

Mindful of the continued under-representation of women in the OSCE area in decision-mak- ing structures within the legislative, executive, including police services, and judicial branches,

91 2.3.2 Decentralized Government and Special Structures and Bodies

Concerned that widespread discrimination against women, continues to undermine their effec- tive participation in political and public life at all levels, (…)

Calls on the participating States to:

1. Consider providing for specific measures to achieve the goal of gender balance in all legislative, judicial and executive bodies, including security services, such as police services;

2. Consider possible legislative measures, which would facilitate a more balanced participation of women and men in political and public life and especially in decision-making;

3. Encourage all political actors to promote equal participation of women and men in political parties, with a view to achieving better gender-balanced representation in elected public offices at all levels of decision-making; (…)

5. Develop and introduce where necessary open and participatory processes that enhance par- ticipation of women and men in all phases of developing legislation, programmes and policies; (…)

7. Take necessary steps to establish, where appropriate, effective national mechanisms for meas- uring women’s equal participation and representation;

8. Support, as appropriate, non-governmental and research bodies in producing targeted studies and awareness-raising initiatives for identifying specific challenges in women’s participation in political and public life and, in promoting equality of opportunities between women and men;

9. Encourage shared work and parental responsibilities between women and men in order to facil- itate women’s equal opportunities to participate effectively in political and public life.

2.3.2 Decentralized Government and Special Structures and Bodies

Geneva 1991 (IV)

Aware of the diversity and varying constitutional systems among them, which make no single approach necessarily generally applicable, the participating States note with interest that positive results have been obtained by some of them in an appropriate democratic manner by, inter alia: • advisory and decision-making bodies in which minorities are represented, in • particular with regard to education, culture and religion; • elected bodies and assemblies of national minority affairs; • local and autonomous administration, as well as autonomy on a territorial • basis, including the existence of consultative, legislative and executive bodies • chosen through free and periodic elections; • self-administration by a national minority of aspects concerning its identity in • situations where autonomy on a territorial basis does not apply;

92 2.3.3 Democratic Civilian Control of Military, Paramilitary and Internal Security Forces, Intelligence Services and the Police

• decentralized or local forms of government;

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(53) Will endeavour, in order to strengthen democratic participation and institution building and in developing co-operation among them, to share their respective experience on the functioning of democracy at a local and regional level, and welcome against this background the Council of Europe information and education network in this field;

(54) Will facilitate contacts and encourage various forms of co-operation between bodies at a local and regional level.

2.3.3 Democratic Civilian Control of Military, Paramilitary and Internal Security Forces, Intelligence Services and the Police

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of 2 all human beings are the following: (…) (5.6) – military forces and the police will be under the control of, and accountable to, the civil authorities;

Moscow 1991

(25) The participating States will (25.1) – ensure that their military and paramilitary forces, internal security and intelligence services, and the police are subject to the effective direction and control of the appropriate civil authorities; (25.2) – maintain and, where necessary, strengthen executive control over the use of military and paramilitary forces as well as the activities of the internal security and intelligence services and the police; (25.3) – take appropriate steps to create, wherever they do not already exist, and maintain effective arrangements for legislative supervision of all such forces, services and activities.

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security)

20. The participating States consider the democratic political control of military, paramilitary and internal security forces as well as of intelligence services and the police to be an indispensable ele- ment of stability and security. They will further the integration of their armed forces with civil society as an important expression of democracy.

21. Each participating State will at all times provide for and maintain effective guidance to and control of its military, paramilitary and security forces by constitutionally established authorities vested with democratic legitimacy. Each participating State will provide controls to ensure that

93 2.3.4 Independent National Human Rights Institutions

such authorities fulfil their constitutional and legal responsibilities. They will clearly define the roles and missions of such forces and their obligation to act solely within the constitutional framework.

22. Each participating State will provide for its legislative approval of defence expenditures. Each participating State will, with due regard to national security requirements, exercise restraint in its military expenditures and provide for transparency and public access to information related to the armed forces.

23. Each participating State, while providing for the individual service member’s exercise of his or her civil rights, will ensure that its armed forces as such are politically neutral.

24. Each participating State will provide and maintain measures to guard against accidental or unauthorized use of military means.

25. The participating States will not tolerate or support forces that are not accountable to or con- trolled by their constitutionally established authorities. If a participating State is unable to exercise its authority over such forces, it may seek consultations within the CSCE to consider steps to be taken. (…)

36. Each participating State will ensure that any decision to assign its armed forces to internal secu- rity missions is arrived at in conformity with constitutional procedures. Such decisions will pre- scribe the armed forces’ missions, ensuring that they will be performed under the effective control of constitutionally established authorities and subject to the rule of law.

2.3.4 Independent National Human Rights Institutions

Copenhagen 1990

(27) The participating States will (…) facilitate the establishment and strengthening of independent national institutions in the area of human rights and the rule of law, which may also serve as focal points for co-ordination and collaboration between such institutions in the participating States. They propose that co-operation be encouraged between parliamentarians from participating States, including through existing inter-parliamentary associations and, inter alia, through joint com- missions, television debates involving parliamentarians, meetings and round-table discussions. They will also encourage existing institutions, such as organizations within the United Nations system and the Council of Europe, to continue and expand the work they have begun in this area.

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

10. Encourages the establishment of national institutions or specialized bodies by the participat- ing States which have not yet done so, to combat intolerance and discrimination (…), drawing on the expertise and assistance of the relevant OSCE institutions, based on existing commitments, and the relevant international agencies, as appropriate; (…)

94 2.3.5 Non-Governmental Organizations

2.3.5 Non-Governmental Organizations

See also: I. 2.3.3: Individuals, Human-Rights Defenders and Non-governmental Organizations

Moscow 1991

(43) The participating States will recognize as NGOs those which declare themselves as such, accord- ing to existing national procedures, and will facilitate the ability of such organizations to conduct their national activities freely on their territories; to that effect they will (43.1) endeavour to seek ways of further strengthening modalities for contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions; (43.2) endeavour to facilitate visits to their countries by NGOs from within any of the participat- ing States in order to observe human dimension conditions; (43.3) welcome NGO activities, including, inter alia, observing compliance with CSCE commit- ments in the field of the human dimension; (43.4) allow NGOs, in view of their important function within the human dimension of the CSCE, to convey their views to their own governments and the governments of all the other participat- ing States during the future work of the CSCE on the human dimension. 2 Istanbul 1999 (Charter for European Security: III. Our Common Response)

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

Astana 2010

95 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

Istanbul 1999 (Charter for European Security: III. Our Common Response)

33. We reaffirm our commitment to the rule of law. We recognize that corruption poses a great threat to the OSCE’s shared values. It generates instability and reaches into many aspects of the security, economic and human dimensions. Participating States pledge to strengthen their efforts to combat corruption and the conditions that foster it, and to promote a positive framework for good government practices and public integrity. They will make better use of existing international instruments and assist each other in their fight against corruption. As part of its work to promote the rule of law, the OSCE will work with NGOs that are committed to a strong public and busi- ness consensus against corrupt practices.

Maastricht 2003 (OSCE Strategy Document for the Economic and Environmental Dimension)

Promoting transparency and combating corruption

2.2.4 Transparency in public affairs is an essential condition for the accountability of States and for the active participation of civil society in economic processes. Transparency increases the pre- dictability of, and confidence in an economy that is functioning on the basis of adequate legislation and with full respect for the rule of law. Free and pluralistic media which enjoy maximum edito- rial independence from political and financial pressure have an important role to play in ensur- ing such transparency.

2.2.5 We will make our governments more transparent by further developing processes and insti- tutions for providing timely information, including reliable statistics, about issues of public inter- est in the economic and environmental fields to the media, the business community, civil society and citizens, with a view to promoting a well-informed and responsive dialogue. This is essential for decision-making which is responsive to changing conditions and to the needs and wishes of the population.

2.2.6. Transparency is also important for the exposure and prosecution of all forms of corrup- tion, which undermines our economies and our societies. In addition to transparency, the fight against corruption requires the adoption by the participating States of a comprehensive and long- term anti-corruption strategy.

2.2.7 We agree to make the elimination of all forms of corruption a priority. We will consider acces- sion to, encourage ratification of, and support full implementation of, international conventions and other instruments in the field of combating corruption, in particular those developed by the Council of Europe and the Organisation for Economic Co-operation and Development (OECD). We welcome the adoption of the UN Convention against corruption and look forward to its early signature, ratification and entry into force.

Improving the management of public resources

2.2.8 Another component of good governance is the effective management of public resources by strong and well-functioning institutions, a professional and effective civil service and sound budg- etary processes. Good management of public resources, including revenue collection, budget for- mation and execution and public procurement, is particularly important in order to provide the

96 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

best possible public and social services. We will seek to provide a solid financial basis for our pub- lic administration systems and to further strengthen their effectiveness and efficiency at all levels.

Sofia 2004 (Decision No. 11/04 on Combating Corruption)

The Ministerial Council, (…)

Recognizing that the United Nations Convention against Corruption, adopted by the General Assembly of the United Nations on 31 October 2003 in New York, marks a major step forward in international co-operation against corruption and provides the opportunity for a global response to the problem,

Encourages the OSCE participating States, which have not yet done so, to sign and ratify the United Nations Convention against Corruption as soon as possible, in order to ensure its rapid entry into force, and implement it fully (…)

Dublin 2012 (Declaration on Strengthening Good Governance and Combating Corruption, Money-Laundering and the Financing of Terrorism) (…) 2 We reiterate that good governance at all levels is fundamental to economic growth, political sta- bility, and security. Good public and corporate governance, rule of law and strong institutions are essential foundations for a sound economy, which can enable our States to reduce poverty and ine- quality, to increase social integration and opportunities for all, to attract investment and to pro- tect the environment.

We reaffirm that peace, good international relations, the security and stability of the State and the security and safety of the individual within the State, based on the rule of law and respect for human rights, are crucial for the creation of a climate of confidence which is essential to ensure positive economic and social development.

Transparency in public affairs is an essential condition for the accountability of States and for the active participation of civil society and the private sector in economic and development pro- cesses. Transparency increases the predictability of, and confidence in, institutions and economies which are functioning on the basis of adequate legislation and with full respect for the rule of law.

We agree that problems of governance, including corruption and money-laundering, deprive par- ticipating States of the capacity to effectively ensure sustainable economic, social and environmen- tal development and undermine social cohesion, stability and security. (…)We therefore reaffirm our full commitment to tackling corruption and countering money-laundering, the financing of terrorism and related offences by making them policy priorities backed up by appropriate legal instruments, adequate financial, human and institutional resources and, where necessary, appro- priate tools for their practical and effective implementation.

(…) We affirm that the OSCE political commitments related to good governance and transparency cut across all three dimensions, and we reiterate our full adherence to implementing these commit- ments through a comprehensive approach, as set forth in this and other relevant OSCE documents.

97 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

Good governance and transparency

We view a public sector based on integrity, openness, transparency, accountability and rule of law as being a major factor of sustainable economic growth, and recognize that such a public sector constitutes an important element for fostering citizens’ trust in public institutions and government. Thus, we underline the importance of providing education and training on ethical behaviour for public officials, establishing and enforcing relevant codes of conduct and conflict-of-interest legis- lation, and adopting and implementing comprehensive income – and asset-disclosure systems for relevant officials. In particular, we recognize that both the development of and adherence to codes of conduct for public institutions are critical to reinforcing good governance, public-sector integrity and the rule of law, and to providing rigorous standards of ethics and conduct for public officials. (…)

We recognize that achieving good governance and combating corruption will not succeed without the full and equal participation of women and men in political and economic processes and insti- tutions, as stipulated in a number of OSCE documents. We underline the importance of empow- ering women to actively participate in and contribute to policies and activities related to good governance for the equal benefit of men and women. (…)

II. Combating corruption, money-laundering and the financing of terrorism (…)

We recognize that combating corruption requires long-term and comprehensive strategic approaches and strong institutions. We are convinced that those in charge of the prevention, identification, investigation, prosecution and adjudication of corruption offences should be free from improper influence. In particular, we underline the central role that law enforcement bodies and judicial institutions play in fighting against corruption and in guaranteeing the rule of law. We recognize the critical importance of safeguarding the judiciary’s independence in order to enable it to ful- fil this function and the need to intensify efforts in this regard. We also acknowledge the impor- tance of, and the need to ensure adequate resources for such institutions. (…)

III. Civil society and the private sector

We encourage the OSCE to further embrace its comprehensive approach to security and to continue to strengthen the dialogue and co-operation between governments, civil society and the private sector in order to support good governance efforts, including combating corruption, money-laun- dering and the financing of terrorism, in the participating States. (…)

We encourage the business community to take into account in its activities the social, environ- mental, humanitarian and security needs of the participating States. (…)

98 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

IV. Working together for progress

We recognize that the OSCE provides a forum for political dialogue, information exchange and co-operation on good governance, as well as a platform on which to build the necessary political consensus and understanding regarding the importance of preventing and suppressing corrup- tion, money-laundering and the financing of terrorism at all levels for sustainable socio-economic development and stability. We reaffirm our commitment to co-operating in the development of strategies for good governance and to sharing experience regarding best practices. (…)

Basel 2014 (Decision No. 5/14 on Prevention of Corruption) (…)

Recognizing that corruption at all levels is a potential source of political tension that undermines the stability and security of participating States, threatens the OSCE’s shared values, and facili- tates criminal activity, (…)

Welcoming the fact that almost all the participating States have ratified or acceded to the United Nations Convention against Corruption (UNCAC) and are working towards meeting their com- mitments deriving from the Convention, 2 Highlighting the importance of co-operation with other relevant international organizations in preventing and combating corruption,

Encourages the participating States to: • Further develop and implement preventive anti-corruption legislation and policies, and estab- lish and promote practical measures and tools to address all forms and levels of corruption for both the private and the public sectors, and for other stakeholders; • Take measures to enhance transparency, accountability and the rule of law in public adminis- tration, in accordance with the fundamental principles of their legal systems, including through the introduction of effective measures facilitating public access to information and the promo- tion of effective public service delivery; (…) • Promote a culture of integrity, transparency and accountability, across all sectors of society in order to contribute to the prevention of corruption; • Recognize the important role whistle-blowers play in identifying and preventing corruption and defending public interest, and intensify individual national efforts to provide sufficient protec- tion for whistle-blowers; • Contribute to strengthening awareness-raising measures with respect to corruption through- out all sectors of society, by providing training and educational programmes in the area of cor- ruption prevention and integrity, with special attention being given to youth, and recognizing the role played in this regard by an engaged and well-informed civil society and an independ- ent, free and pluralistic media; • Take the necessary steps, in accordance with the fundamental principles of their legal systems, to establish or enhance appropriate systems of public procurement that are based on transparency, competition and objective criteria in decision-making, that are effective in preventing corruption;

99 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

• Support measures to strengthen the integrity of the judiciary and to prevent opportunities for corruption among members of the judiciary and prosecution services; (…) • Make use of available OSCE tools, guidelines and projects in combating and preventing corruption; • (…); Tasks the OSCE executive structures (…), to promote, within their available resources and mandates, the available OSCE tools and guidelines on combating and preventing corruption;

Hamburg 2016 (Decision No 4/16 on Strengthening Good Governance and Promoting Connectivity)

The Ministerial Council, (…)

Recognizing that good governance, transparency and accountability are essential conditions for economic growth, trade, investment and sustainable development, thereby contributing to stabil- ity, security and respect for human rights in the OSCE area,

Recognizing that corruption and lack of good governance are potential sources of political tension that undermine the stability and security of participating States,

Acknowledging that good governance, rule of law, the prevention of and fight against corruption, money laundering and the financing of terrorism; sound regulatory frameworks, including ade- quate protection for whistle-blowers; a public sector based on integrity, openness, transparency and accountability as well as good corporate governance based on efficient management, proper auditing, accountability and adherence to and respect for laws, rules and regulations, business ethics and codes of conduct established in close consultation with business and civil society are critical components for promoting a positive business and investment climate in the OSCE area,

Welcoming the fact that almost all participating States have ratified or acceded to the United Nations Convention against Corruption (UNCAC) and are working towards fulfilling the com- mitments deriving from the Convention, (…)

Affirming that transparent management of public resources by strong and well-functioning insti- tutions, a professional and effective civil service as well as sound budgetary and public procure- ment processes are major components of good governance,

Recognizing the importance of the active participation of the private sector, including small and medium-sized enterprises, civil society and media, in preventing and combating corruption and promoting a sound business and investment climate, (…)

Recalling the 2030 Agenda for Sustainable Development and its Sustainable Development Goals and Targets as well as the Paris Agreement adopted in December 2015, including the role that good governance, among other factors, plays in their implementation,

Recognizing the importance of the public and private sectors’ full adherence to labour, social, and environmental standards and its contribution to good governance and sustainable development,

100 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

(…)

Reaffirming the existing OSCE commitments in the field of good governance, stressing our deter- mination to fight trafficking in human beings in all its forms, and recognizing the role that trans- parency and accountability in public procurement processes can play in preventing and combating human trafficking and labour exploitation,

Strengthening good governance, promoting transparency and improving the business climate

1. Encourages participating States to accede to, ratify and implement the United Nations Conven- tion against Corruption (UNCAC) and to exchange information and best practices on the UNCAC Second Review Cycle process, as laid out in UNCAC;

2. Encourages participating States to, where appropriate, implement and adhere to other relevant international standards, such as those prescribed by the OECD Convention on Combating Brib- ery of Foreign Public Officials in International Business Transactions and the Financial Action Task Force’s (FATF) “International Standards on Combating Money Laundering and the Financ- ing of Terrorism and Proliferation”, and to contribute to intensifying the involvement of all rele- vant stakeholders, including civil society and the business community in their implementation, as laid out in these international instruments;

3. Encourages participating States to promote the exchange of best practices among all relevant 2 stakeholders that contribute to good public and corporate governance, the promotion of trans- parency, and the prevention and combating of corruption, also in the sphere of the environment;

4. Calls upon participating States to further promote integrity, accountability and cost-effectiveness in public procurement processes, also by ensuring that private interests are not unduly influenc- ing decisions at relevant levels of government, and to ensure adequate transparency requirements for companies participating in public tenders;

5. Calls upon participating States to facilitate access to appropriate government information by increasing the accountability of the public sector and by stimulating public participation through e-governance;

6. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to contribute to enhancing co-operation between participating States, the private sector and civil society and to actively involve the private sector and civil society in their activities on strengthening good governance, promoting transparency and improving the busi- ness and investment climate; (…)

18. Tasks relevant OSCE executive structures, including field operations, within their existing mandates and available resources, to support participating States in exchanging best practices on raising awareness of the relevance of internationally recognized labour, social and environmen- tal standards, and on strengthening good governance and promoting transparency in public pro- curement processes;

Strengthening public-private partnerships in the fight against corruption, money laundering and financing of terrorism

101 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

19. Encourages participating States to facilitate co-operation among law enforcement, the judi- ciary and financial intelligence units and other relevant actors as well as between the public and the private sector and civil society, including media, in combating corruption, money laundering and other financial crime;

20. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to facilitate dialogue and co-operation among governments, private sec- tor and civil society in order to support good governance efforts, including combating corruption, money laundering and the financing of terrorism, and in order to address impediments to eco- nomic growth and sustainable development; (..)

Tirana 2020 (Decision 6/20 on Preventing and Combating Corruption through Digitalization and Increased Transparency)

The Ministerial Council,

Recalling the importance of promoting good governance, including through increased transparency, and preventing and combating corruption in enhancing security, stability and economic growth (…),

(…), and acknowledging the opportunities offered by digital transformation to prevent and com- bat corruption, and address new challenges in this field, (…)

Acknowledging the need to increase efforts to effectively prevent and combat corruption, includ- ing through digitalization, while upholding the rule of law and protecting human rights,

Recognizing the role of the OSCE in supporting the efforts of the participating States to prevent and combat corruption,

Acknowledging that a public sector based on integrity, openness, transparency, accountability, responsiveness and the rule of law, is crucial to prevent and combat corruption, and achieve sus- tainable economic growth and development, improve the business and investment climate and help facilitate participating States’ efforts to promote social integration and opportunities for all, including for women as well as youth,

Recognizing the importance of the participation of the private sector, civil society and media, as well as academia, in efforts to prevent and combat corruption and enhance good governance, including the realization of the principles of transparency and accountability,

Acknowledging that accessible, secure and reliable e-government services that are user-centric can play a key role in increasing the efficiency and transparency of, and promoting trust in, pub- lic administration,

Recognizing the importance of open government data as a tool that can help to prevent and combat corruption by increasing accountability and transparency, allowing citizens, in accordance with domestic law, to better monitor the use of public funds and the policy-making process,

Recognizing the importance of developing and using methodologies and objective indicators and disaggregated data to measure corruption and the concrete impact of anti-corruption measures, in accordance with domestic law, and to adopt better evidence-based anti-corruption policies,

102 2.3.6 Promoting Transparency, Combating Corruption, and Improving the Management of Public Resources

(…)

1. Calls upon participating States to prevent and combat corruption by: (a) Enhancing good governance, including the principles of transparency and accountability, and promoting integrity and oversight; (b) Employing digital tools to strengthen integrity and accountability of public service providers with the view to help prevent and combat corruption as well as to achieve sustainable economic growth and development, improve the business and investment climate and to facilitate partici- pating States’ efforts to contribute to the social inclusion and equitable economic participation of women as well as young people; (c) Enhancing transparency in public administration through digitalizing paper-based and other analogue systems, particularly in public procurement as well as, where appropriate, in existing mechanisms for income and asset declarations of public officials and politically exposed persons, to the extent permitted by domestic law, with due respect to classified and personal data; (d) Promoting the use of digital tools for early detection and prevention of corruption through enhancing national and international secure electronic identification processes consistent with applicable domestic law; (e) Introducing digital tools, where appropriate, to reduce administrative barriers and burdens, and facilitating interaction between citizens, businesses, enterprises and public administration; (f) Promoting more transparent, accountable, reliable and accessible e-government portals with 2 the aim to facilitate open access to information and effective delivery of public services; (g) Promoting and using digital technologies to strengthen and extend anti-corruption training in co-operation, where appropriate, with relevant international organizations in this field; (h) Encouraging the establishment and improvement of mechanisms aimed at ensuring transpar- ency of beneficial ownership information, in accordance with domestic law; (i) Supporting the education of youth, in accordance with domestic education systems, on the impor- tance of good governance, including transparency, and preventing and combating corruption as well as through fostering digital skills, and strengthening awareness-raising measures, including promoting collective action and collaboration between public and private sectors and civil society; (j) Reducing existing digital divides by promoting and supporting digital literacy and improving the accessibility of public administration online resources and applications; (k) Taking appropriate measures to ensure that easily accessible and safe reporting channels are available to whistle-blowers, to put in place and implement legal mechanisms for the effective pro- tection of whistle-blowers against retaliation, and to encourage relevant organizations to establish and implement necessary protections, in accordance with domestic law; (l) Adopting, in accordance with domestic law, a holistic multi-stakeholder approach to increase effectiveness and improve co-ordination of anti-corruption measures and initiatives, including promoting the implementation of corporate social responsibility; (m) Promoting the full, equal and meaningful participation of women in the development and implementation of relevant anti-corruption activities, with the view to achieving gender equal- ity, and taking into account that corruption disproportionately affects women and the vulnerable; (…)

3. Encourages participating States to make the best use of the OSCE as a platform for dialogue, co-operation, exchange of information and sharing of best practices in the area of preventing and combating corruption through digitalization and increased transparency;

103 2.4 Rule of Law

4. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to assist participating States, upon their request, in implementing the provisions of this decision, including by co-operating with relevant regional and international organizations; (…)

2.4 Rule of Law

See also: I. 3: Restrictions and Derogations II. 3.1.4: Freedom from Arbitrary Arrest or Detention II. 3.1.5: Right to a Fair Trial II. 3.1.6: Right to Effective Remedies

2.4.1 General Provisions

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(13) (…) [the participating States] will (…) (13.4) – effectively ensure the right of the individual to know and act upon his rights and duties in this field, and to that end publish and make accessible all laws, regulations and procedures relat- ing to human rights and fundamental freedoms;

Copenhagen 1990

(2) [The participating States] are determined to support and advance those principles of justice which form the basis of the rule of law. They consider that the rule of law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of demo- cratic order, but justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression.

(3) They reaffirm that democracy is an inherent element of the rule of law (…) (…)

(5) They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (…) (5.3) the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law; (…) (5.5) the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system must be ensured; (…)

104 2.4.1 General Provisions

(5.7) human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law; (5.8) legislation, adopted at the end of a public procedure, and regulations will be published, that being the condition for their applicability. Those texts will be accessible to everyone; (5.9) all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground; (…) (5.15) any person arrested or detained on a criminal charge will have the right, so that the law- fulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function; (…) (5.18) no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision; (5.19) everyone will be presumed innocent until proved guilty according to law; (5.20) considering the important contribution of international instruments in the field of human rights to the rule of law at a national level, the participating States reaffirm that they will consider acceding to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they 2 have not yet done so. (5.21) in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the Interna- tional Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies. (…)

(24) The participating States will ensure that the exercise of all the human rights and fundamental freedoms set out above will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant on Civil and Political Rights, and with their international commitments, in particular the Universal Declaration of Human Rights. These restrictions have the character of exceptions. The participating States will ensure that these restrictions are not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured. Any restriction on rights and freedoms must, in a democratic society, relate to one of the objectives of the applicable law and be strictly proportionate to the aim of that law.

105 2.4.1 General Provisions

Moscow 1991 (18.1) Legislation will be formulated and adopted as the result of an open process reflecting the will of the people, either directly or through their elected representatives. (…)

(27) The participating States (27.1) express their intention to co-operate in the field of constitutional, administrative, com- mercial, civil and social welfare laws and their relevant areas, in order to develop, particularly in States where they do not yet exist, legal systems based on respect for human rights, the rule of law and democracy; (27.2) to this end, envisage the continuation and enhancement of bilateral and multilateral legal and administrative co-operation, inter alia, in the following fields: • development of an efficient administrative system; • assistance in formulating law and regulations; • training of administrative and legal staff; • exchange of legal works and periodicals.

Budapest 1994 (Decisions: VIII. The Human Dimension)

18. The participating States emphasize that all action by public authorities must be consistent with the rule of law, thus guaranteeing legal security for the individual.

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council,

Recognizing that full respect for human rights and fundamental freedoms and the development of societies based on pluralistic democracy and the rule of law is a prerequisite for achieving a last- ing peace, security, justice and stability, (…)

Reiterating that the activity of the government and the administration as well as that of the judi- ciary will be exercised in accordance with the system established by law and in line with relevant OSCE commitments and international obligations of the participating States, and that respect for that system must be ensured,

Considering that the rule of law does not mean merely a formal legality which assures regularity and consistency in the achievement and enforcement of democratic order, but justice based on the recognition and full acceptance of the supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression,

Recognizing that rule of law must be based on respect for internationally recognized human rights, including the right to a fair trial, the right to an effective remedy, and the right not to be subjected to arbitrary arrest or detention, (…)

106 2.4.1 General Provisions

Decides to: • Increase attention to and follow up on the issues of the rule of law and due process in criminal justice systems in 2006, inter alia, by encouraging participating States to improve the implemen- tation of existing commitments, also drawing on the expertise of the ODIHR, and in close co-op- eration with other relevant international organizations in order to avoid unnecessary duplication; (…)

Brussels 2006 (Decision No. 5/06 on Organized Crime)

The Ministerial Council, (…)

Emphasizing the key role played by an efficient and effective criminal justice system in uphold- ing public safety and security,

Recognizing that policies and activities regarding the criminal justice system should comprise and integrate, inter alia, crime prevention, law enforcement, the police, the judicial system, the pros- ecution, defence lawyers and penal systems,

Recognizing that efficient and effective criminal justice systems can only be developed on the basis of the rule of law and on the protection of human rights and that the rule of law itself requires the 2 protection of such criminal justice systems,

Recognizing that efficient and effective criminal justice systems based on the rule of law are a pre- requisite for combating organized crime, trafficking in human beings, illicit drugs and weapons, terrorism, corruption and other forms of transnational and domestic criminal activity and that specialist responses to these security challenges must take place within the overall framework of a criminal justice system, (…)

Recognizing the need for the OSCE to focus on enhancing international legal co operation and on improving criminal justice systems as part of its overall security agenda, in co ordination with the United Nations and other multilateral forums, (…)

4. Urges participating States to pay due attention to the integrity and professionalism of law enforce- ment agencies and prosecution authorities, the efficient administration of justice and proper man- agement of the court system, the independence of the judiciary and the proper functioning of the penitentiary system and to explore ways of alternatives to imprisonment;

Brussels 2006 (Brussels Declaration on Criminal Justice Systems) (…)

We call on the participating States to fully implement their commitments and international obli- gations to ensure fair and effective operation of their criminal justice systems.

107 2.4.1 General Provisions

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

Underlining the importance we attach to human rights, the rule of law and democracy, which are inter-linked and mutually reinforcing,

Underlining also the importance of the rule of law as a cross-dimensional issue for ensuring the respect for human rights and democracy, security and stability, good governance, mutual eco- nomic and trade relations, investment security and a favourable business climate as well as its role in the fight against corruption, organized crime and all kinds of illegal trafficking including in drugs and weapons as well as trafficking in human beings, thus serving as a basis for political, economic, social and environmental development in the participating States, (…)

2. Calls on participating States to contribute, where appropriate, to OSCE projects and programmes supporting the rule of law; (…)

4. Encourages participating States, with the assistance, where appropriate, of relevant OSCE exec- utive structures in accordance with their mandates and within existing resources, to continue and to enhance their efforts to share information and best practices and to strengthen the rule of law, inter alia in the following areas: • (…) effective administration of justice, right to a fair trial, access to court, accountability of state institutions and officials, respect for the rule of law in public administration, the right to legal assistance (…); (…) • Adherence to the principle of peaceful settlement of disputes; (…) • Efficient legislation and an administrative and judicial framework in order to facilitate economic activities, trade and investments in participating States and between them; • Respect for the rule of law with regard to the protection of the natural environment in the OSCE area; • Awareness-raising for issues related to the rule of law in courts, law enforcement agencies, police and penitentiary systems as well as in training for legal professionals; • Education on the rule of law as well as interaction and exchange opportunities for legal pro- fessionals, academics and law students from different participating States in the OSCE region; • The role of constitutional courts or comparable institutions of the participating States as an instrument to ensure that the principles of the rule of law, democracy and human rights are observed in all state institutions; • The provision of effective legal remedies, where appropriate, and the access thereto; • The observation of rule of law standards and practices in the criminal justice system; • The fight against corruption; (…)

108 2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service

Athens 2009 (Decision No. 7/09 on Women’s Participation in Political and Public Life)

The Ministerial Council, (…)

Mindful of the continued under-representation of women in the OSCE area in decision-mak- ing structures within the legislative, executive, including police services, and judicial branches,

Concerned that widespread discrimination against women, continues to undermine their effec- tive participation in political and public life at all levels, (…)

Calls on the participating States to:

1. Consider providing for specific measures to achieve the goal of gender balance in all (…) judi- cial and executive bodies (…)

Astana 2010

6. (…) We value the important role played by civil society and free media in helping us to ensure 2 full respect for human rights, fundamental freedoms, democracy, including free and fair elec- tions, and the rule of law.

2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (…) (5.12) – the independence of judges and the impartial operation of the public judicial service will be ensured; (5.13) – the independence of legal practitioners will be recognized and protected, in particular as regards conditions for recruitment and practice;

Moscow 1991

(19) The participating States (19.1) will respect the internationally recognized standards that relate to the independence of judges and legal practitioners and the impartial operation of the public judicial service including, inter alia, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

109 2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service

(19.2) will, in implementing the relevant standards and commitments, ensure that the independ- ence of the judiciary is guaranteed and enshrined in the constitution or the law of the country and is respected in practice, paying particular attention to the Basic Principles on the Independence of the Judiciary, which, inter alia, provide for (i) prohibiting improper influence on judges; (ii) preventing revision of judicial decisions by administrative authorities, except for the rights of the competent authorities to mitigate or commute sentences imposed by judges, in conform- ity with the law; (iii) protecting the judiciary’s freedom of expression and association, subject only to such restric- tions as are consistent with its functions; (iv) ensuring that judges are properly qualified, trained and selected on a non-discriminatory basis; (v) guaranteeing tenure and appropriate conditions of service, including on the matter of pro- motion of judges, where applicable; (vi) respecting conditions of immunity; (vii) ensuring that the disciplining, suspension and removal of judges are determined accord- ing to law.

(20) For the promotion of the independence of the judiciary, the participating States will (20.1) recognize the important function national and international associations of judges and law- yers can perform in strengthening respect for the independence of their members and in providing education and training on the role of the judiciary and the legal profession in society; (20.2) promote and facilitate dialogue, exchanges and co-operation among national associations and other groups interested in ensuring respect for the independence of the judiciary and the pro- tection of lawyers; (20.3) co-operate among themselves through, inter alia, dialogue, contacts and exchanges in order to identify where problem areas exist concerning the protection of the independence of judges and legal practitioners and to develop ways and means to address and resolve such problems; (20.4) co-operate on an ongoing basis in such areas as the education and training of judges and legal practitioners, as well as the preparation and enactment of legislation intended to strengthen respect for their independence and the impartial operation of the public judicial service.

Istanbul 1999 (Charter for European Security: IV. Our Common Instruments)

45. We shall also promote the development of independent judicial systems that play a key role in providing remedies for human rights violations as well as providing advice and assistance for prison system reforms (…)

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council, (…)

Recognizing that an impartial and independent judiciary plays a vital role in ensuring due pro- cess and protecting human rights before, during and after trials,

110 2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service

Recognizing that defence lawyers play a critical role in ensuring the right to a fair trial and in the furtherance and protection of other human rights in the criminal justice system, (…)

Brussels 2006 (Brussels Declaration on Criminal Justice Systems) (…)

We recall the commitment of the participating States to ensure the independence of the judiciary. (…)

We consider that: • Judicial independence is a prerequisite to the rule of law and acts as a fundamental guarantee of a fair trial; • Impartiality is essential to the proper discharge of the judicial office; • Integrity is essential to the proper discharge of the judicial office; • Propriety, and the appearance of propriety, are essential to the performance of all the activi- ties of a judge; • A guarantee of equality of treatment to all before the courts is essential to the due performance of the judicial office; 2 • Competence and diligence are prerequisites to the due performance of the judicial office.

We consider that: • Prosecutors should be individuals of integrity and ability, with appropriate training and qual- ifications; • Prosecutors should at all times maintain the honour and dignity of their profession and respect the rule of law; • The office of prosecutor should be strictly separated from judicial functions, and prosecutors should respect the independence and the impartiality of judges; • Prosecutors should, in accordance with the law, perform their duties fairly, consistently and expe- ditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system. (…)

We consider that: • All necessary measures should be taken to respect, protect and promote the freedom of exercise of the profession of lawyer, without discrimination and without improper interference from the authorities or the public; • Decisions concerning the authorization to practice as a lawyer or to join the profession should be taken by an independent body. Such decisions, whether or not they are taken by an inde- pendent body, should be subject to a review by an independent and impartial judicial authority; • Lawyers should not suffer or be threatened with any sanctions or pressure when acting in accord- ance with their professional standards;

111 2.4.2 Independence of the Judiciary and Legal Practitioners, and Impartial Operation of the Public Judicial Service

• Lawyers should have access to their clients, including in particular to persons deprived of their liberty, to enable them to counsel in private and to represent their clients according to estab- lished professional standards; • All reasonable and necessary measures should be taken to ensure the respect of the confiden- tiality of the lawyer-client relationship. Exceptions to this principle should be allowed only if compatible with the rule of law; • Lawyers should not be refused access to a court before which they are qualified to appear and should have access to all relevant evidence and records when defending the rights and interests of their clients in accordance with their professional standards. (…)

Brussels 2006 (Decision No. 5/06 on Organized Crime)

The Ministerial Council, (…)

4. Urges participating States to pay due attention to the integrity and professionalism of (…) prose- cution authorities, the efficient administration of justice and proper management of the court sys- tem, the independence of the judiciary and the proper functioning of the penitentiary system (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

Dublin 2012 (Declaration on Strengthening Good Governance and Combating Corruption, Money-Laundering and the Financing of Terrorism) (…)

We recognize that combating corruption requires long-term and comprehensive strategic approaches and strong institutions. We are convinced that those in charge of the prevention, identification, investigation, prosecution and adjudication of corruption offences should be free from improper influence. In particular, we underline the central role that law enforcement bodies and judicial institutions play in fighting against corruption and in guaranteeing the rule of law. We recognize the critical importance of safeguarding the judiciary’s independence in order to enable it to fulfil this function and the need to intensify efforts in this regard. (…)

112 2.4.3 Administration of Justice

2.4.3 Administration of Justice

A. Law Enforcement

Moscow 1991

(21) The participating States will (21.1) take all necessary measures to ensure that law enforcement personnel, when enforcing pub- lic order, will act in the public interest, respond to a specific need and pursue a legitimate aim, as well as use ways and means commensurate with the circumstances, which will not exceed the needs of enforcement; (21.2) ensure that law enforcement acts are subject to judicial control, that law enforcement per- sonnel are held accountable for such acts, and that due compensation may be sought, according to domestic law, by the victims of acts found to be in violation of the above commitments.

(22) The participating States will take appropriate measures to ensure that education and infor- mation regarding the prohibition of excess force by law enforcement personnel as well as rele- vant international and domestic codes of conduct are included in the training of such personnel.

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security) 2 37. The participating States will not use armed forces to limit the peaceful and lawful exercise of their human and civil rights by persons as individuals or as representatives of groups nor to deprive them of their national, religious, cultural, linguistic or ethnic identity.

Istanbul 1999 (Charter for European Security: IV. Our Common Instruments)

45. (…) The OSCE will also work with other international organizations in the creation of politi- cal and legal frameworks within which the police can perform its tasks in accordance with dem- ocratic principles and the rule of law.

Bucharest 2001 (Decision No. 9/01 on Police-Related Activities)

The Ministerial Council, (…)

Affirming that effective policing is essential to uphold the rule of law and to defend democratic institutions; (…)

1. Agrees that in developing plans for...and in enhancing OSCE police-related activities (…) the OSCE will: (…) • explore and build on the role of police training, particularly integrated police training, in cre- ating police services that can enjoy the confidence of the entire population, and as a confi- dence-building measure (…)

113 2.4.3 Administration of Justice

Brussels 2006 (Brussels Declaration on Criminal Justice Systems) (…)

We consider that: • Law enforcement officials should at all times fulfil the duty imposed upon them by law, by serv- ing the public and by protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession; • In the performance of their duty, law enforcement officials should respect and protect human dignity and maintain and uphold the human rights of all persons; • Law enforcement officials should use force only to the extent necessary and appropriate to accom- plish their mission and to ensure the safety of the public; • Law enforcement officials, as members of the broader group of public officials or other persons acting in an official capacity, should not inflict, instigate, encourage or tolerate any act of tor- ture or other cruel, inhuman or degrading treatment or punishment;

No law enforcement official should be punished for not obeying orders to commit or conceal acts amounting to torture or other cruel, inhuman or degrading treatment • or punishment; • Law enforcement officials should be cognizant and attentive to the health of persons in their custody and, in particular, should take immediate action to secure medical attention when- ever required. (…)

Brussels 2006 (Decision No. 5/06 on Organized Crime)

The Ministerial Council, (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

114 2.4.3 Administration of Justice

(…)

Athens 2009 (Decision No. 7/09 on Women’s Participation in Political and Public Life)

The Ministerial Council, (…)

Mindful of the continued under-representation of women in the OSCE area in decision-mak- ing structures within the legislative, executive, including police services, and judicial branches,

Concerned that widespread discrimination against women, continues to undermine their effec- tive participation in political and public life at all levels, (…)

Calls on the participating States to:

1. Consider providing for specific measures to achieve the goal of gender balance in all legislative, judicial and executive bodies, including security services, such as police services; (…)

4. Consider taking measures to create equal opportunities within the security services, including 2 the armed forces, where relevant, to allow for balanced recruitment, retention and promotion of men and women; (…)

B. Treatment of Persons Deprived of Their Liberty

See also: II. 4.9 Persons in Detention or Prison

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(23) The participating States will (23.1) ensure that no one will be subjected to arbitrary arrest, detention or exile; (23.2) ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person; (23.3) observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials; (23.4) prohibit torture and other cruel, inhuman or degrading treatment or punishment and take effective legislative, administrative, judicial and other measures to prevent and punish such practices; (23.5) consider acceding to the Convention against Torture and other Cruel, inhuman or Degrad- ing Treatment or Punishment, if they have not yet done so; (23.6) protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and take effective measures to prevent and punish such practices.

115 2.4.3 Administration of Justice

(24) (…) In participating States where capital punishment has not been abolished, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to their international commitments (…)

Moscow 1991

(23) The participating States will treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person and will respect the internationally recog- nized standards that relate to the administration of justice and the human rights of detainees. (23.1) The participating States will ensure that (i) no one will be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law; (ii) anyone who is arrested will be informed promptly in a language which he understands of the reason for his arrest, and will be informed of any charges against him; (iii) any person who has been deprived of his liberty will be promptly informed about his rights according to domestic law; (iv) any person arrested or detained will have the right to be brought promptly before a judge or other officer authorized by law to determine the lawfulness of his arrest or detention, and will be released without delay if it is unlawful; (v) anyone charged with a criminal offence will have the right to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (vi) any person arrested or detained will have the right, without undue delay, to notify or to require the competent authority to notify appropriate persons of his choice of his arrest, deten- tion, imprisonment and whereabouts; any restriction in the exercise of this right will be pre- scribed by law and in accordance with international standards; (vii) effective measures will be adopted, if this has not already been done, to provide that law enforcement bodies do not take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, or otherwise to incriminate himself, or to force him to testify against any other person; (viii) the duration of any interrogation and the intervals between them will be recorded and cer- tified, consistent with domestic law; (ix) a detailed person or his counsel will have the right to make a request or complaint regard- ing his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration of the place of detention and to higher authorities, and when necessary, to appropriate authorities vested with reviewing or remedial power; (x) such request or complaint will be promptly dealt with and replied to without undue delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be enti- tled to bring it before a judicial or other authority; neither the detained or imprisoned person nor any complainant will suffer prejudice for making a request or complaint; (xi) anyone who has been the victim of an unlawful arrest or detention will have a legally enforce- able right to seek compensation. (23.2) The participating States will

116 2.4.4 Fulfilment of International Obligations

(i) endeavour to take measures, as necessary, to improve the conditions of individuals in deten- tion or imprisonment; (ii) pay particular attention to the question of alternatives to imprisonment.

Brussels 2006 (Brussels Declaration on Criminal Justice Systems) (…)

We consider that: (…) • Law enforcement officials should be cognizant and attentive to the health of persons in their custody and, in particular, should take immediate action to secure medical attention when- ever required. (…)

We consider that the enforcement of custodial sentences and the treatment of prisoners must take account of the requirements of safety, security and discipline, while also ensuring prison conditions which do not violate human dignity and which offer meaningful occupational activities and appro- priate treatment programmes to inmates, thus preparing them for their reintegration into society. (…) 2 Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

2.4.4 Fulfilment of International Obligations

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle X)

The participating States will fulfil in good faith their obligations under international law, both those obligations arising from the generally recognized principles and rules of international law and those obligations arising from treaties or other agreements, in conformity with international law, to which they are parties.

In exercising their sovereign rights, including the right to determine their laws and regulations, they will conform with their legal obligations under international law; they will furthermore pay

117 2.4.4 Fulfilment of International Obligations

due regard to and implement the provisions in the Final Act of the Conference on Security and Cooperation in Europe.

The participating States confirm that in the event of a conflict between the obligations of the mem- bers of the United Nations under the Charter of the United Nations and their obligations under any treaty or other international agreement, their obligations under the Charter will prevail, in accordance with Article 103 of the Charter of the United Nations.

Brussels 2006 (Brussels Declaration on Criminal Justice Systems) (…)

We call on the participating States to fully implement their commitments and international obli- gations to ensure fair and effective operation of their criminal justice systems.

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

1. Calls on the OSCE participating States to honour their obligations under international law and to observe their OSCE commitments regarding the rule of law at both international and national levels, including in all aspects of their legislation, administration and judiciary; (…)

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118 3. Commitments Related to Human Rights that are Applicable to All 3.1 Civil and Political Rights

3.1 Civil and Political Rights

3.1.1 General Provisions

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VII)

[The participating States] will promote and encourage the effective exercise of civil, political (…) and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for his free and full development.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

[The participating States] similarly stress their determination to develop their laws and regula- tions in the field of civil, political (…) and other human rights and fundamental freedoms; they also emphasize their determination to ensure the effective exercise of these rights and freedoms.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(12) (…) [The participating States] recognize that civil, political (…) and other rights and freedoms are all of paramount importance and must be fully realized by all appropriate means.

(13) In this context they will (…) (13.2) – consider acceding to the International Covenant on Civil and Political Rights (…), the Optional Protocol to the Covenant on Civil and Political Rights and other relevant international instruments, if they have not yet done so; (…)

3.1.2 Right to Life/Abolition of the Death Penalty

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(24) With regard to the question of capital punishment, the participating States note that capital punishment has been abolished in a number of them. In participating States where capital punish- ment has not been abolished, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to their international commitments. This question will be kept under consideration. In this context, the participating States will co-operate within relevant international organizations.

Copenhagen 1990

(17) The participating States (…) (17.2) recall, in this context, the adoption by the General Assembly of the United Nations, on 15 December 1989, of the Second Optional Protocol to the International Covenant on Civil and Polit- ical Rights, aiming at the abolition of the death penalty;

120 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(17.3) note the restrictions and safeguards regarding the use of the death penalty which have been adopted by the international community, in particular article 6 of the International Covenant on Civil and Political Rights; (17.4) note the provisions of the Sixth Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty; (17.5) note recent measures taken by a number of participating States towards the abolition of cap- ital punishment; (17.6) note the activities of several non-governmental organizations on the question of the death penalty; (17.7) will exchange information within the framework of the Conference on the Human Dimension on the question of the abolition of the death penalty and keep that question under consideration; (17.8) will make available to the public information regarding the use of the death penalty.

Helsinki 2008 (Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights) (…)

We stress that everyone has the right to life, liberty and security of person; no one shall be held in slavery, and no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. (…)

3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 3 Vienna 1989 (Questions Relating to Security in Europe: Principles)

(23) The participating States will (…) (23.2) ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person; (23.3) observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials; (23.4) prohibit torture and other cruel, inhuman or degrading treatment or punishment and take effective legislative, administrative, judicial and other measures to prevent and punish such practices; (23.5) consider acceding to the Convention against Torture and other Cruel, Inhuman or Degrad- ing Treatment or Punishment, if they have not yet done so; (23.6) protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and take effective measures to prevent and punish such practices.

Copenhagen 1990

(16) The participating States (…)

121 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(16.2) intend, as a matter of urgency, to consider acceding to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, if they have not yet done so, and recognizing the competences of the Committee against Torture under articles 21 and 22 of the Con- vention and withdrawing reservations regarding the competence of the Committee under article 20; (16.3) stress that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture; (16.4) will ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment; (16.5) will keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under their jurisdiction, with a view to preventing any cases of torture; (16.6) will take up with priority for consideration and for appropriate action, in accordance with the agreed measures and procedures for the effective implementation of the commitments relat- ing to the human dimension of the CSCE, any cases of torture and other inhuman or degrading treatment or punishment made known to them through official channels or coming from any other reliable source of information; (16.7) will act upon the understanding that preserving and guaranteeing the life and security of any individual subjected to any form of torture and other inhuman or degrading treatment or punish- ment will be the sole criterion in determining the urgency and priorities to be accorded in taking appropriate remedial action; and, therefore, the consideration of any cases of torture and other inhuman or degrading treatment or punishment within the framework of any other international body or mechanism may not be invoked as a reason for refraining from consideration and appro- priate action in accordance with the agreed measures and procedures for the effective implemen- tation of the commitments relating to the human dimension of the CSCE.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that, without discrimination (…) no one will be: (…)

subject to torture or other cruel, inhuman or degrading treatment or punishment; (…)

Moscow 1991 (23.1) The participating States will ensure that (…) (vii) effective measures will be adopted, if this has not already been done, to provide that law enforcement bodies do not take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, or otherwise to incriminate himself, or to force him to testify against any other person; (viii) the duration of any interrogation and the intervals between them will be recorded and cer- tified, consistent with domestic law;

122 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(ix) a detailed person or his counsel will have the right to make a request or complaint regard- ing his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration of the place of detention and to higher authorities, and when necessary, to appropriate authorities vested with reviewing or remedial power; (x) such request or complaint will be promptly dealt with and replied to without undue delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be enti- tled to bring it before a judicial or other authority; neither the detained or imprisoned person nor any complainant will suffer prejudice for making a request or complaint;

Budapest 1994 (Decisions: VIII. The Human Dimension)

20. The participating States strongly condemn all forms of torture as one of the most flagrant vio- lations of human rights and human dignity. They commit themselves to strive for its elimination.

They recognize the importance in this respect of international norms as laid down in international treaties on human rights, in particular the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. They also recognize the importance of national legislation aimed at eradicating torture. They commit themselves to inquire into all alleged cases of torture and to prosecute offenders. They also commit themselves to include in their educational and training programmes for law enforcement and police forces specific provisions with a view to eradicating torture. They consider that an exchange of informa- tion on this problem is an essential prerequisite. The participating States should have the possi- bility to obtain such information. The CSCE should in this context also draw on the experience of the Special Rapporteur on Torture and other Cruelly Inhuman or Degrading Treatment or Pun- ishment established by the Commission on Human Rights of the United Nations and make use of information provided by NGOs. 3

Istanbul 1999 (Charter for European Security: III. Our Common Response)

21. We are committed to eradicating torture and cruel, inhumane or degrading treatment or punish- ment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and co-oper- ate with relevant international organizations and non-governmental organizations, as appropriate.

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council, (…)

Underlining the need to speak out publicly against torture, and recalling that all forms of torture and other cruel, inhuman or degrading treatment or punishment are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and stressing the need to strengthen procedural safeguards to prevent torture as well as to prosecute its perpetrators, thereby preventing impunity for acts of torture, and calling upon participating States to give early consideration to signing and ratifying the Optional Protocol to the Convention against Torture, (…)

123 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Helsinki 2008 (Ministerial Declaration on the occasion of the 60th Anniversary of the Universal Declaration of Human Rights) (…)

Athens 2009 (Ministeral Declaration on the Occasion of the 25th Anniversary of the Adoption of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment)

1. We, the members of the Ministerial Council of the OSCE, reaffirm our strong commitment to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punish- ment, adopted by the UN General Assembly on 10 December 1984, to which all OSCE participat- ing States have become parties.

2. On the occasion of the 25th anniversary of the adoption of this Convention we reaffirm that, as also set forth in the Universal Declaration of Human Rights, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

3. We recognize that torture is a most serious crime and affirm that freedom from torture and other forms of cruel, inhuman or degrading treatment or punishment is a non-derogable right, which protects the inherent dignity and integrity of the human person.

4. We strongly condemn all forms of torture and other cruel, inhuman or degrading treatment or punishment, which are and shall remain prohibited at any time and in any place whatsoever and can never be justified.

5. We are seriously concerned that torture and other cruel, inhuman or degrading treatment or punishment still take place in many parts of the world, including in OSCE participating States.

6. We therefore pledge to uphold the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment as set forth in the Convention, to implement fully and in good faith its provisions, and to act in full conformity with all its principles.

7. We call upon the participating States, which have not yet done so, to give early consideration to becoming parties to the Optional Protocol to the Convention.

8. We also reaffirm our determination to implement fully our common OSCE commitments to eradicate torture and other cruel, inhuman or degrading treatment or punishment.

9. We shall intensify our efforts to take persistent, determined and effective measures to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment and to ensure full rehabilitation of torture victims.

10. We recognize the valuable contribution of the OSCE in promoting the principles and provi- sions laid down in the Convention.

124 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

11. We consider it important to co-operate fully to this end with the applicable international inter- governmental bodies.

12. We commend the persistent efforts of civil society working to prevent torture and other cruel, inhuman or degrading treatment or punishment and to alleviate the suffering of victims.

Tirana 2020, (Decision No. 7/20 on Prevention and Eradication of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment)

The Ministerial Council,

Strongly condemning all forms of torture and other cruel, inhuman or degrading treatment or punishment as one of the most flagrant violations of human rights and human dignity, and reaf- firming that torture and other cruel, inhuman or degrading treatment or punishment are and shall remain prohibited at any time and in any place whatsoever, (…)

Deeply concerned by the persistence of cases of torture and other cruel, inhuman or degrading treatment or punishment in many parts of the world, including in the OSCE area, that prevail as a consequence of, inter alia, the incomplete implementation of relevant obligations under inter- national law and OSCE commitments and ongoing impunity for the perpetrators that often exists due to a lack of prompt, independent and effective investigation and prosecution of such crimes,

Deeply concerned about acts of torture and other cruel, inhuman or degrading treatment or pun- ishment committed against persons for exercising their human rights and fundamental freedoms,

Deeply concerned that torture and other cruel, inhuman or degrading treatment or punishment is used to obtain information or a confession, 3 (…)

Deeply concerned that enforced disappearances still occur in the OSCE area, which is a serious human rights violation, (…),

Recognizing that during conflict situations, including armed conflict, as well as civil unrest and mass protests, particular attention should be paid to preventing torture and other cruel, inhuman or degrading treatment or punishment,

Reaffirming that all participating States must comply fully with their obligations under interna- tional humanitarian law and international human rights law, (…)

Reminding all participating States that prolonged incommunicado detention or detention in secret places can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment,

Recognizing that the prevalence of corruption, including in law enforcement and justice systems, can have a negative impact on the fight against torture and other, cruel, inhuman or degrading treatment or punishment, including by eroding fundamental safeguards and preventing victims of torture and other, cruel, inhuman or degrading treatment or punishment from effectively seek- ing justice, redress and compensation through the justice system,

125 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Stressing the importance of effective legal and procedural safeguards throughout all stages of detention, including early stages of police custody, as effective measures for the prevention of tor- ture and other cruel, inhuman or degrading treatment or punishment,

Acknowledging that women and girls are at a particular risk of torture and other cruel, inhuman or degrading treatment or punishment when deprived of liberty, and recognizing the importance of adopting a gender-sensitive approach in the fight against torture and other cruel, inhuman or degrading treatment or punishment, that takes into account such particular risk and specific needs of women and girls, including by paying special attention to sexual violence against women and girls, as well as gender-based violence against women and girls, and taking into consideration the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offend- ers (the Bangkok Rules),

Recognizing the importance of adopting a victim-centred approach in the fight against torture and other cruel, inhuman or degrading treatment or punishment, paying special attention to the views and specific needs of victims and their immediate family members in policy development and other activities relating to rehabilitation, prevention and accountability for torture and other cruel, inhuman or degrading treatment or punishment,

Recognizing that effectively combating torture and other cruel, inhuman or degrading treatment or punishment requires an integrated and victim-centred approach encompassing prevention, access to justice, accountability, redress and the enforceable right to fair and adequate compensa- tion, including the means for as full rehabilitation as possible,

Recognizing that participating States must safeguard the rights, and protect the human rights, of all persons deprived of their liberty, including those facing the death penalty, in accordance with their international obligations,

Reaffirming that all persons deprived of their liberty will be treated with humanity and with respect for the inherent dignity of the human person and recognizing the importance of partici- pating States continuously taking appropriate measures to improve conditions in detention to bet- ter respect the human rights and dignity of those persons, including by taking into consideration the implementation of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nel- son Mandela Rules) or similar standards,

Stressing the UNCAT requirements that all acts of torture, attempts to commit torture, and acts of complicity or participation in torture must be made offences under domestic criminal law, pun- ishable by appropriate penalties reflecting their grave nature, and that no information or a con- fession that is established to have been obtained as a result of torture shall be invoked as evidence in any proceedings, under any circumstances, except against a person accused of torture as evi- dence that this offence took place,

Recognizing the role that international, regional and national preventive mechanisms or other relevant bodies, including national human rights institutions, can play in effectively preventing acts of torture and other cruel, inhuman or degrading treatment or punishment, as well as the importance of collaborating with international experts mandated to assist participating States in their efforts to prevent torture and other cruel, inhuman or degrading treatment or punishment,

Emphasizing the need to ensure that no authority or official orders, applies, permits or tolerates any sanction, reprisal or intimidation against any person, group or association for contacting, seeking to contact or having been in contact with any competent national or international body

126 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

or mechanism active in the prevention and combating of torture and other cruel, inhuman or degrading treatment or punishment,

Stressing that national legal systems must ensure that victims of torture and other cruel, inhuman or degrading treatment or punishment have effective access to justice, including prompt impar- tial and effective investigation, without suffering any retribution for bringing complaints or giving evidence and that such victims obtain redress and have an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible,

Commending the persistent efforts of civil society at national and international level working to effectively prevent and combat torture and other cruel, inhuman or degrading treatment or pun- ishment and alleviate the suffering of victims,

Underlining the importance of co-operation between the OSCE and other international and regional organizations and mechanisms so as to promote multilateral co-operation and to achieve effective synergies, avoiding unnecessary overlapping, which can contribute to effectively preventing and combating torture and other cruel, inhuman or degrading treatment or punishment, (…)

Calls on the participating States to:

1. Uphold the absolute prohibition of all forms of torture and other cruel, inhuman or degrading treatment or punishment as set forth in the UNCAT, implement fully and in good faith its provi- sions and act in full conformity with all its principles;

2. Fully implement their obligations under the UNCAT’s Optional Protocol (OPCAT), if appli- cable, and give early consideration to becoming parties to OPCAT, if they have not yet done so; 3 3. Fully implement their obligations under the ICPPED, if applicable;

4. Fully implement their obligations under the 1949 Geneva Conventions with respect to the pro- hibition of torture, cruel, inhuman, humiliating and degrading treatment in the context of armed conflict;

5. Abandon and refrain from the use of interrogation techniques that constitute torture and other cruel, inhuman or degrading treatment or punishment, including to obtain information or a con- fession;

6. Implement effective legal and procedural safeguards throughout all stages of detention, includ- ing early stages of police custody;

7. Respect the safeguards concerning the liberty, security and dignity of the person and ensure that prolonged incommunicado detention and secret places of detention and interrogation are abol- ished, with the understanding that such detention can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment;

8. Make all acts of torture, attempts to commit torture, and acts of complicity or participation in torture offences under domestic criminal law, incorporating the definition of torture pursuant to Article 1 of UNCAT and providing for appropriate penalties reflecting their grave nature, and prohibit the use of information or a confession obtained through torture or other cruel, inhuman

127 3.1.3 Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

or degrading treatment or punishment as evidence in any proceedings except against a person accused of torture as evidence that this offence took place;

9. Ensure that any detained or imprisoned person or their counsel have the right to make a request or complaint regarding the detained or imprisoned person’s treatment to relevant authorities, in particular when torture or other cruel, inhuman or degrading treatment or punishment may have been applied, and that such request or complaint will be promptly dealt with and replied to without undue delay, and that neither the detained or imprisoned person nor any complainant or witness will suffer any prejudice or reprisal as a consequence of their request, complaint or any evidence given;

10. Incorporate education and information regarding the prohibition of torture and other cruel, inhuman or degrading treatment or punishment in the training of law enforcement personnel, civil, military and medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment, including, as appropriate, on the proportionate use of force, all available modern scientific methods for the investigation of crimes and the critical importance of reporting instances of torture or other cruel, inhuman or degrading treatment or punishment to superior authorities;

11. Support the efforts of relevant national actors, such as national preventive mechanisms, national human rights institutions or other national bodies or mechanisms, active in preventing torture and other cruel, inhuman or degrading treatment or punishment, and, for those who have ratified the OPCAT, to fulfil their obligation to designate or establish national preventive mechanisms that are independent, adequately resourced and effective;

12. Ensure full and ongoing government co-operation, in line with their respective obligations under international law, with applicable international preventive bodies or mechanisms, such as the United Nations Committee against Torture, the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Commit- tee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and with relevant national bodies, such as national human rights institutions, including by allowing unre- stricted access to places of detention if such access is an obligation for a participating State under the international law;

13. Fully co-operate with the International Committee of the Red Cross (ICRC) in conformity with the participating States’ obligations under international humanitarian law;

14. Ensure that all allegations of torture or other cruel, inhuman or degrading treatment or pun- ishment, as well as wherever there are reasonable grounds to believe that such an act has been committed, are investigated promptly, effectively, thoroughly, and impartially by competent and independent national authorities and ensure that complainants and witnesses are protected against ill-treatment and intimidation as a consequence of their complaint or evidence given;

15. Ensure that those who encourage, instigate, order, tolerate, acquiesce in, consent to or per- petrate acts of torture or other cruel, inhuman or degrading treatment or punishment are held responsible, brought to justice and punished in a manner commensurate with the severity of the offence, including the officials in charge of any place of detention or other place in which persons are deprived of their liberty where the prohibited act is found to have been committed;

16. Provide redress for the victims of torture or other cruel, inhuman or degrading treatment or punishment, encompassing effective remedy and adequate, effective and prompt reparation, which

128 3.1.4 Freedom from Arbitrary Arrest or Detention

should include restitution, fair and adequate compensation, rehabilitation, satisfaction and guar- antees of non-repetition, taking into full account the specific needs of the victim;

17. Ensure that appropriate rehabilitation services are promptly available without discrimination to all victims and take effective measures for ensuring a safe and enabling environment for access- ing and providing rehabilitation services to victims of torture;

18. Consider developing measures to support all persons affected by torture or other cruel, inhu- man or degrading treatment or punishment, including victims’ children and other immediate family members;

19. Promote dissemination of information for victims about the availability of rehabilitation ser- vices and ensure that the procedures for obtaining rehabilitation are transparent;

20. Support the efforts of civil society organizations working to prevent and combat torture and other cruel, inhuman or degrading treatment or punishment, enable their active contribution, as appropriate, and make use of information provided by them in alleged cases of torture and other cruel, inhuman or degrading treatment or punishment;

21. Take appropriate effective legislative, administrative, judicial and other measures to prevent and prohibit the production, trade, export, import and use of equipment that has no practical use other than for the purpose of torture or other cruel, inhuman or degrading treatment or punishment;

22. Continue to make use of, or consider drawing on, ODIHR’s advice, expertise and technical assistance in the field of preventing and combating of torture and other cruel, inhuman or degrad- ing treatment or punishment.

3.1.4 Freedom from Arbitrary Arrest or Detention 3 See also: II. 2.4.1: Rule of Law > General Provisions II. 2.4.3 B: Treatment of Persons Deprived of Their Liberty II. 3.1.3: Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment II. 3.1.5: Right to a Fair Trial II. 3.1.6: Right to Effective Remedies

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(23) The participating States will (23.1) – ensure that no one will be subjected to arbitrary arrest, detention or exile; (…)

Copenhagen 1990 (5.15) – any person arrested or detained on a criminal charge will have the right, so that the law- fulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function; (…)

129 3.1.5 Right to a Fair Trial

Moscow 1991 (23.1) The participating States will ensure that (i) no one will be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law; (ii) anyone who is arrested will be informed promptly in a language which he understands of the reason for his arrest, and will be informed of any charges against him; (iii) any person who has been deprived of his liberty will be promptly informed about his rights according to domestic law; (iv) any person arrested or detained will have the right to be brought promptly before a judge or other officer authorized by law to determine the lawfulness of his arrest or detention, and will be released without delay if it is unlawful; (…) (vi) any person arrested or detained will have the right, without undue delay, to notify or to require the competent authority to notify appropriate persons of his choice of his arrest, deten- tion, imprisonment and whereabouts; any restriction in the exercise of this right will be pre- scribed by law and in accordance with international standards; (vii) effective measures will be adopted, if this has not already been done, to provide that law enforcement bodies do not take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, or otherwise to incriminate himself, or to force him to testify against any other person; (viii) the duration of any interrogation and the intervals between them will be recorded and cer- tified, consistent with domestic law; (ix) a detailed person or his counsel will have the right to make a request or complaint regard- ing his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration of the place of detention and to higher authorities, and when necessary, to appropriate authorities vested with reviewing or remedial power; (x) such request or complaint will be promptly dealt with and replied to without undue delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be enti- tled to bring it before a judicial or other authority; neither the detained or imprisoned person nor any complainant will suffer prejudice for making a request or complaint; (xi) anyone who has been the victim of an unlawful arrest or detention will have a legally enforce- able right to seek compensation.

3.1.5 Right to a Fair Trial

See also: II. 2.4: Rule of Law II. 3.1.4: Freedom from Arbitrary Arrest or Detention II. 3.1.6: Right to Effective Remedies

Vienna 1989 (Questions Relating to Security in Europe: Principles)

[The participating States] (…) will (…)

130 3.1.5 Right to a Fair Trial

(13.9) ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; they will, inter alia, effectively apply the following remedies: • the right of the individual to appeal to executive, legislative, judicial or administrative organs; • the right to a fair and public hearing within a reasonable time before an independent and impar- tial tribunal, including the right to present legal arguments and to be represented by legal coun- sel of one’s choice; • the right to be promptly and officially informed of the decision taken on any appeal, includ- ing the legal grounds on which this decision was based. This information will be provided as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (…) (5.12) the independence of judges and the impartial operation of the public judicial service will be ensured; (5.13) the independence of legal practitioners will be recognized and protected, in particular as regards conditions for recruitment and practice; (5.14) the rules relating to criminal procedure will contain a clear definition of powers in relation to prosecution and the measures preceding and accompanying prosecution; (5.15) any person arrested or detained on a criminal charge will have the right, so that the law- 3 fulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function; (5.16) in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law; (5.17) any person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assis- tance, to be given it free when the interests of justice so require; (5.18) no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision; (5.19) everyone will be presumed innocent until proved guilty according to law; (…)

131 3.1.6 Right to Effective Remedies

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council, (…)

Recognizing that an impartial and independent judiciary plays a vital role in ensuring due pro- cess and protecting human rights before, during and after trials,

Recognizing that defence lawyers play a critical role in ensuring the right to a fair trial and in the furtherance and protection of other human rights in the criminal justice system, (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

3.1.6 Right to Effective Remedies

See also: II. 2.4: Rule of Law II. 3.1.4: Freedom from Arbitrary Arrest or Detention II. 3.1.5: Right to a Fair Trial

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(13) (…) [the participating States] will (…) (13.9) – ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; they will, inter alia, effectively apply the following remedies: • the right of the individual to appeal to executive, legislative, judicial or administrative organs;

132 3.1.6 Right to Effective Remedies

• the right to a fair and public hearing within a reasonable time before an independent and impar- tial tribunal, including the right to present legal arguments and to be represented by legal coun- sel of one’s choice; • the right to be promptly and officially informed of the decision taken on any appeal, includ- ing the legal grounds on which this decision was based. This information will be provided as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.10) everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity; (5.11) administrative decisions against a person must be fully justifiable and must as a rule indi- cate the usual remedies available; (...) (5.21) in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the Interna- tional Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies. (…) 3 (11) The participating States further affirm that, where violations of human rights and fundamen- tal freedoms are alleged to have occurred, the effective remedies available include (11.1) the right of the individual to seek and receive adequate legal assistance; (11.2) the right of the individual to seek and receive assistance from others in defending human rights and fundamental freedoms, and to assist others in defending human rights and fundamen- tal freedoms; (11.3) the right of individuals or groups acting on their behalf to communicate with international bodies with competence to receive and consider information concerning allegations of human rights abuses. (…)

(40) The participating States (…) will (…) (40.5) recognize the right of the individual to effective remedies and endeavour to recognize, in conformity with national legislation, the right of interested persons and groups to initiate and sup- port complaints against acts of discrimination, including racist and xenophobic acts;

133 3.1.7 Conscientious Objection and Alternative Service

Paris 1990 (A New Era of Democracy, Peace and Unity)

We will ensure that everyone will enjoy recourse to effective remedies, national or international, against any violation of his rights.

Moscow 1991 (18.2) Everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity. (18.3) To the same end, there will be effective means of redress against administrative regulations for individuals affected thereby. (18.4) The participating States will endeavour to provide for judicial review of such regulations and decisions.

Ljubljana 2005 (Decision No. 12/05 on Upholding Human Rights and the Rule of Law in Criminal Justice Systems)

The Ministerial Council, (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

3.1.7 Conscientious Objection and Alternative Service

Copenhagen 1990

(18) The participating States (18.1) note that the United Nations Commission on Human Rights has recognized the right of everyone to have conscientious objections to military service;

134 3.1.8 Freedom of Thought, Conscience, Religion or Belief

(18.2) note recent measures taken by a number of participating States to permit exemption from compulsory military service on the basis of conscientious objections; (18.3) note the activities of several non-governmental organizations on the question of conscien- tious objections; (18.4) agree to consider introducing, where this has not yet been done, various forms of alternative service, which are compatible with the reasons for conscientious objection, such forms of alter- native service being in principle of a non-combatant or civilian nature, in the public interest and of a non-punitive nature; (18.5) will make available to the public information on this issue; (18.6) will keep under consideration, within the framework of the Conference on the Human Dimension, the relevant questions related to the exemption from compulsory military service, where it exists, of individuals on the basis of conscientious objections to armed service, and will exchange information on these questions.

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security)

28. The participating States will reflect in their laws or other relevant documents the rights and duties of armed forces personnel. They will consider introducing exemptions from or alternatives to military service.

3.1.8 Freedom of Thought, Conscience, Religion or Belief

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VII)

The participating States will respect human rights and fundamental freedoms, including the free- 3 dom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion. (…)

Within this framework the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.

Helsinki 1975 (Co-operation in Humanitarian and Other Fields)

The participating States (…) confirm that religious faiths, institutions and organizations, practising within the constitutional framework of the participating States, and their representatives can, in the field of their activities, have contacts and meetings among themselves and exchange information.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

The participating States (…) furthermore agree to take the action necessary to ensure the freedom of the individual to profess and practise, alone or in community with others, religion or belief act- ing in accordance with the dictates of his own conscience.

135 3.1.8 Freedom of Thought, Conscience, Religion or Belief

In this context, they will consult, whenever necessary, the religious faiths, institutions and organ- izations, which act within the constitutional framework of their respective countries.

They will favourably consider applications by religious communities of believers practising or pre- pared to practise their faith within the constitutional framework of their States, to be granted the status provided for in their respective countries for religious faiths, institutions and organizations.

Vienna 1989 (Questions Relating to Security in Europe: Principles) (…)

(11) [The participating States] confirm that they will respect human rights and fundamental free- doms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion. They also confirm the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and secu- rity necessary to ensure the development of friendly relations and cooperation among themselves, as among all States. (…)

(16) In order to ensure the freedom of the individual to profess and practise religion or belief, the participating States will, inter alia, (16.1) take effective measures to prevent and eliminate discrimination against individuals or com- munities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers; (16.2) foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers; (16.3) grant upon their request to communities of believers, practising or prepared to practise their faith within the constitutional framework of their States, recognition of the status provided for them in their respective countries; (16.4) respect the right of these religious communities to • establish and maintain freely accessible places of worship or assembly, • organize themselves according to their own hierarchical and institutional structure, • select, appoint and replace their personnel in accordance with their respective requirements and standards as well as with any freely accepted arrangement between them and their State, • solicit and receive voluntary financial and other contributions; (16.5) engage in consultations with religious faiths, institutions and organizations in order to achieve a better understanding of the requirements of religious freedom; (16.6) respect the right of everyone to give and receive religious education in the language of his choice, whether individually or in association with others; (16.7) in this context respect, inter alia, the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions; (16.8) allow the training of religious personnel in appropriate institutions; (16.9) respect the right of individual believers and communities of believers to acquire, possess, and use sacred books, religious publications in the language of their choice and other articles and materials related to the practice of religion or belief,

136 3.1.8 Freedom of Thought, Conscience, Religion or Belief

(16.10) allow religious faiths, institutions and organizations to produce, import and disseminate religious publications and materials; (16.11) favourably consider the interest of religious communities to participate in public dialogue, including through the mass media.

(17) The participating States recognize that the exercise of the above-mentioned rights relating to the freedom of religion or belief may be subject only to such limitations as are provided by law and consistent with their obligations under international law and with their international commit- ments. They will ensure in their laws and regulations and in their application the full and effective exercise of the freedom of thought, conscience, religion or belief. (…)

(32) They will allow believers, religious faiths and their representatives, in groups or on an indi- vidual basis, to establish and maintain direct personal contacts and communication with each other, in their own and other countries, inter alia through travel, pilgrimages and participation in assemblies and other religious events. In this context and commensurate with such contacts and events, those concerned will be allowed to acquire, receive and carry with them religious publica- tions and objects related to the practice of their religion or belief.

Copenhagen 1990

The participating States reaffirm that (9.4) everyone will have the right to freedom of thought, conscience and religion. This right includes freedom to change one’s religion or belief and freedom to manifest one’s religion or belief, either alone or in community with others, in public or in private, through worship, teaching, practice and observance. The exercise of these rights may be subject only to such restrictions as are pre- scribed by law and are consistent with international standards; 3 (…)

(33) The participating States will protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity. They will take the necessary measures to that effect after due consultations, including contacts with organizations or associations of such minorities, in accordance with the decision-making procedures of each State.

Any such measures will be in conformity with the principles of equality and non-discrimination with respect to the other citizens of the participating State concerned. (…)

137 3.1.8 Freedom of Thought, Conscience, Religion or Belief

Budapest 1994 (Decisions: VIII. The Human Dimension)

27. Reaffirming their commitment to ensure freedom of conscience and religion and to foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers, they expressed their concern about the exploitation of reli- gion for aggressive nationalist ends.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

9. Affirms the importance of freedom of thought, conscience, religion or belief, and condemns all discrimination and violence, including against any religious group or individual believer. Commits to ensure and facilitate the freedom of the individual to profess and practice a religion or belief, alone or in community with others, where necessary through transparent and non-discriminatory laws, regulations, practices and policies. Encourages the participating States to seek the assistance of the ODIHR and its Panel of Experts on Freedom of Religion or Belief. Emphasizes the impor- tance of a continued and strengthened interfaith and intercultural dialogue to promote greater tolerance, respect and mutual understanding;

Astana 2010

7. Serious threats and challenges remain. (…) Greater efforts must be made to promote freedom of religion or belief and to combat intolerance and discrimination. (…)

Kyiv 2013 (Decision no. 3/13 Freedom of thought, conscience, religion or belief)

(…)

Reaffirming past CSCE/OSCE decisions on the freedom of thought, conscience, religion or belief, (…),

Committed to ensuring respect for and enjoyment of the freedom of thought, conscience, reli- gion or belief for all,

Emphasizing that every individual has the right to freedom of thought, conscience, religion or belief, which includes the freedom to have or to adopt a religion or belief of one’s choice, as well as not to have or profess any religion, to change one’s religion or belief, and the freedom to man- ifest one’s religion or belief, either alone or in community with others, and in public or in pri- vate, through teaching, practice, worship and observance. The freedom to manifest one’s religion or beliefs may be subject only to such restrictions as are prescribed by law and are consistent with international standards,

Reaffirming the commitments of participating States to respect, protect, and ensure the right of everyone to freedom of thought, conscience, religion or belief,

Emphasizing the link between security and full respect for the freedom of thought, conscience, religion or belief,

Deeply concerned by continuing acts of intolerance and violence against individuals and religious or belief communities on the basis of thought, conscience, religion or belief around the world,

138 3.1.9 Freedom of Association and the Right of Peaceful Assembly

Emphasizing that freedom of thought, conscience, religion or belief and all other human rights and fundamental freedoms are interdependent, interrelated and mutually reinforcing,

Stressing the importance of fostering a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers,

Calls on participating States to: • Fully implement OSCE commitments on the freedom of thought, conscience, religion or belief; • Fully implement their commitments to ensure the right of all individuals to profess and prac- tice religion or belief, either alone or in community with others, and in public or private, and to manifest their religion or belief through teaching, practice, worship and observance, including through transparent and non-discriminatory laws, regulations, practices and policies; • Refrain from imposing restrictions inconsistent with OSCE commitments and international obligations on the practice of religion or belief by individuals and religious communities; • Promote and facilitate open and transparent interfaith and interreligious dialogue and part- nerships; • Aim to prevent intolerance, violence and discrimination on the basis of religion or belief, includ- ing against Christians, Jews, Muslims and members of other religions, as well as against non-be- lievers, condemn violence and discrimination on religious grounds and endeavour to prevent and protect against attacks directed at persons or groups based on thought, conscience, reli- gion or belief; • Encourage the inclusion of religious and belief communities, in a timely fashion, in public dis- cussions of pertinent legislative initiatives; • Promote dialogue between religious or belief communities and governmental bodies, includ- ing, where necessary, on issues related to the use of places of worship and religious property; • Take effective measures to prevent and eliminate discrimination against individuals or religious 3 or belief communities on the basis of religion or belief, including against non-believers, by pub- lic officials in the conduct of their public duties; • Adopt policies to promote respect and protection for places of worship and religious sites, reli- gious monuments, cemeteries and shrines against vandalism and destruction.

3.1.9 Freedom of Association and the Right of Peaceful Assembly

Madrid 1983 (Questions Relating to Security in Europe: Principles)

The participating States will ensure the right of workers freely to establish and join trade unions, the right of trade unions freely to exercise their activities and other rights as laid down in rele- vant international instruments. They note that these rights will be exercised in compliance with the law of the State and in conformity with the State’s obligations under international law. They will encourage, as appropriate, direct contacts and communication among such trade unions and their representatives.

Sofia 1989 (Preamble)

The participating States reaffirm their respect for the right of individuals, groups and organiza- tions concerned with environmental issues to express freely their views, to associate with others,

139 3.1.9 Freedom of Association and the Right of Peaceful Assembly

to peacefully assemble, as well as to obtain, publish and distribute information on these issues, without legal and administrative impediments inconsistent with the CSCE provisions. These indi- viduals, groups and organizations have the right to participate in public debates on environmen- tal issues, as well as to establish and maintain direct and independent contacts at national and international level.

Bonn 1990 (Preamble)

Recognizing the relationship between political pluralism and market economies, and being com- mitted to the principles concerning: (…) • Economic activity that accordingly upholds human dignity and is free from (…) denial of the rights of workers freely to establish or join independent trade unions,

Will endeavour to achieve or maintain the following (…)

Copenhagen 1990

(7) (…) the participating States will (7.6) respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations (…) (…)

(9) The participating States reaffirm that (9.2) everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with inter- national standards; (9.3) the right of association will be guaranteed. The right to form and – subject to the general right of a trade union to determine its own membership – freely to join a trade union will be guaran- teed. These rights will exclude any prior control. Freedom of association for workers, including the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards; (…)

(10) (…) the participating States express their commitment to (10.3) ensure that individuals are permitted to exercise the right to association, including the right to form, join and participate effectively in non-governmental organizations which seek the pro- motion and protection of human rights and fundamental freedoms, including trade unions and human rights monitoring groups; (…)

140 3.1.10 Freedom of Expression, Free Media and Information

(32.6) to establish and maintain organizations or associations within their country and to partic- ipate in international non-governmental organizations.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that, without discrimination, every individual has the right to (…) freedom of associa- tion and peaceful assembly (…)

Helsinki 2008 (Ministerial Declaration on the Occasion of the 60th Anniversary of the Universal Declaration of Human Rights) (…)

We reiterate that everyone has the right to freedom of thought, conscience, religion or belief; free- dom of opinion and expression, freedom of peaceful assembly and association. The exercise of these rights may be subject to only such limitations as are provided by law and consistent with our obli- gations under international law and with our international commitments. (…)

3.1.10 Freedom of Expression, Free Media and Information

A. General Provisions

Helsinki 1975 (Co-operation in Humanitarian and Other Fields)

The participating States, 3 Conscious of the need for an ever wider knowledge and understanding of the various aspects of life in other participating States,

Acknowledging the contribution of this process to the growth of confidence between peoples,

Desiring, with the development of mutual understanding between the participating States and with the further improvement of their relations, to continue further efforts towards progress in this field,

Recognizing the importance of the dissemination of information from the other participating States and of a better acquaintance with such information, (…)

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(34) (…) in accordance with the International Covenant on Civil and Political Rights, the Univer- sal Declaration of Human Rights and their relevant international commitments concerning seek- ing, receiving and imparting information of all kinds, [the participating States] will ensure that individuals can freely choose their sources of information. In this context they will (…)

141 3.1.10 Freedom of Expression, Free Media and Information

• allow individuals, institutions and organizations, while respecting intellectual property rights, including copyright, to obtain, possess, reproduce and distribute information material of all kinds.

To these ends they will remove any restrictions inconsistent with the abovementioned obligations and commitments.

(35) They will take every opportunity offered by modern means of communication, including cable and satellites. to increase the freer and wider dissemination of information of all kinds. They will also encourage co-operation and exchanges between their relevant institutions, organizations and technical experts, and work towards the harmonization of technical standards and norms.

(36) They will ensure in practice that official information bulletins can be freely distributed on their territory by the diplomatic and other official missions and consular posts of the other par- ticipating States. (…)

(45) They will ensure in practice that persons belonging to national minorities or regional cultures on their territories can disseminate, have access to, and exchange information in their mother tongue.

Sofia 1989 (Preamble)

The participating States reaffirm their respect for the right of individuals, groups and organiza- tions concerned with environmental issues to express freely their views, to associate with others, to peacefully assemble, as well as to obtain, publish and distribute information on these issues, without legal and administrative impediments inconsistent with the CSCE provisions. These indi- viduals, groups and organizations have the right to participate in public debates on environmen- tal issues, as well as to establish and maintain direct and independent contacts at national and international level.

Copenhagen 1990

(7) (…) the participating States will (…) (7.7) – ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them (…) (…)

(9) The participating States reaffirm that (9.1) everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards. In particular, no limitation will be imposed on access to, and use of, means of repro- ducing documents of any kind, while respecting, however, rights relating to intellectual property, including copyright; (…)

142 3.1.10 Freedom of Expression, Free Media and Information

(10) (…) the participating States express their commitment to (10.1) respect the right of everyone, individually or in association with others, to seek, receive and impart freely views and information on human rights and fundamental freedoms, including the rights to disseminate and publish such views and information; (10.2) respect the rights of everyone, individually or in association with others, to study and dis- cuss the observance of human rights and fundamental freedoms and to develop and discuss ideas for improved protection of human rights and better means for ensuring compliance with interna- tional human rights standards; (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

36. The participating States reaffirm that freedom of expression is a fundamental human right and a basic component of a democratic society.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

26. We reaffirm the importance of (…) the free flow of information as well as the public’s access to information. We commit ourselves to take all necessary steps to ensure the basic conditions for (…) unimpeded transborder and intra-State flow of information (…)

Astana 2010 3 6. (…) We value the important role played by civil society and free media in helping us to ensure full respect for human rights, fundamental freedoms, democracy, including free and fair elec- tions, and the rule of law.

B. Media Freedom and Working Conditions for Journalists

See also: I. 2.3.4 C: The Representative on Freedom of the Media

Helsinki 1975 (Co-operation in Humanitarian and Other Fields)

(…) Recognizing the importance of the dissemination of information from the other participat- ing States and of a better acquaintance with such information,

Emphasizing therefore the essential and influential role of the press, radio, television, cinema and news agencies and of the journalists working in these fields,

Make it their aim to facilitate the freer and wider dissemination of information of all kinds, to encourage co-operation in the field of information and the exchange of information with other countries, and. to improve the conditions under which journalists from one participating State exercise their profession in another participating State, and

143 3.1.10 Freedom of Expression, Free Media and Information

Express their intention in particular: (a) Improvement of the Circulation of, Access to, and Exchange of Information (…) (ii) Printed Information To facilitate the improvement of the dissemination, on their territory, of newspapers and printed publications, periodical and non-periodical, from the other participating States. (…) To contribute to the improvement of access by the public to [imported] periodical and nonpe- riodical printed publications (…) (iii) Filmed and Broadcast Information To promote the improvement of the dissemination of filmed and broadcast information (…) The participating States note the expansion in the dissemination of information broadcast by radio, and express the hope for the continuation of this process, so as to meet the interest of mutual understanding among peoples and the aims set forth by this Conference. (b) Co-operation in the Field of Information To encourage co-operation in the field of information on the basis of short or long term agree- ments or arrangements. In particular: • they will favour increased co-operation among mass media organizations. Including press agen- cies, as well as among publishing houses and organizations; • they will favour co-operation among public or private, national or international radio and tel- evision organizations, in particular through the exchange of both live and recorded radio and television programmes, and through the joint production and the broadcasting and distribu- tion of such programmes; • they will encourage meetings and contacts both between journalists organizations and between journalists from the participating States; • they will view favourably the possibilities of arrangements between periodical publications as well as between newspapers from the participating States, for the purpose of exchanging and publishing articles; • they will encourage the exchange of technical information as well as the organization of joint research and meetings devoted to the exchange of experience and views between experts in the field of the press, radio and television. (c) Improvement of Working Conditions for Journalists The participating States, desiring to improve the conditions under which journalists from one participating State exercise their profession in another participating State, intend in particular to: • examine in a favourable spirit and within a suitable and reasonable time scale requests from journalists for visas; • grant to permanently accredited journalists of the participating States, on the basis of arrange- ments, multiple entry and exit visas for specified periods; • facilitate the issue to accredited journalists of the participating States of permits for stay in their country of temporary residence and, if and when these are necessary, of other official papers which it is appropriate for them to have;

144 3.1.10 Freedom of Expression, Free Media and Information

• ease, on a basis of reciprocity, procedures for arranging travel by journalists of the participat- ing States in the country where they are exercising their profession, and to provide progres- sively greater opportunities for such travel, subject to the observance of regulations relating to the existence of areas closed for security reasons, • ensure that requests by such journalists for such travel receive, in so far as possible, an expedi- tious response, taking into account the time scale of the request; • increase the opportunities for journalists of the participating States to communicate personally with their sources, including organizations and official institutions; • grant to journalists of the participating States the right to import, subject only to its being taken out again, the technical equipment (photographic, cinematographic, tape recorder, radio and television) necessary for the exercise of their profession;**) • enable journalists of the other participating States, whether permanently or temporarily accred- ited, to transmit completely, normally and rapidly by means recognized by the participating States to the information organs which they represent, the results of their professional activity, including tape recordings and undeveloped film, for the purpose of publication or of broadcast- ing on the radio or television.

The participating States reaffirm that the legitimate pursuit of their professional activity will nei- ther ender journalists liable to expulsion nor otherwise penalize them. If an accredited journal- ist is expelled, he will be informed of the reasons for this act and may submit an application for re-examination of his case.

Madrid 1983 (Co-operation in Humanitarian and Other Fields)

[The participating States] will favour the further expansion of co-operation among mass media and their representatives, especially between the editorial staffs of press agencies, newspapers, radio and television organizations as well as film companies. They will encourage a more regular exchange 3 of news, articles, supplements and broadcasts as well as the exchange of editorial staff for better knowledge of respective practices. On the basis of reciprocity, they will improve the material and technical facilities provided for permanently or temporarily accredited television and radio report- ers. Moreover, they will facilitate direct contacts among journalists as well as contacts within the framework of professional organizations.

They will decide without undue delay upon visa applications from journalists and reexamine within a reasonable time frame applications which have been refused. Moreover, journalists wishing to travel for personal reasons and not for the purpose of reporting shall enjoy the same treatment as other visitors from their country of origin.

They will grant permanent correspondents and members of their families living with them mul- tiple entry and exit visas valid for one year.

The participating States will examine the possibility of granting, where necessary on the basis of bilateral arrangements, accreditation and related facilities to journalists from other participating States who are permanently accredited in third countries.

* While recognizing that appropriate local personnel are employed by foreign journalists in many instances, the participating States note that the above provisions would be applied, subject to the observance of the appropri- ate rules, to persons from the other participating States, who are regularly and professionally engaged as tech- nicians, photographers or cameramen of the press, radio, television or cinema.

145 3.1.10 Freedom of Expression, Free Media and Information

They will facilitate travel by journalists from other participating States within their territories, inter alia by taking concrete measures where necessary, to afford them opportunities to travel more extensively, with the exception of areas closed for security reasons. They will inform journalists in advance, whenever possible, if new areas are closed for security reasons.

They will further increase the possibilities and, when necessary, improve the conditions for jour- nalists from other participating States to establish and maintain personal contacts and commu- nication with their sources.

They will, as a rule, authorize radio and television journalists, at their request, to be accompanied by their own sound and film technicians and to use their own equipment.

Similarly, journalists may carry with them reference material, including personal notes and files, to be used strictly for their professional purposes.*

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(34) (…) They will make further efforts to facilitate the freer and wider dissemination of informa- tion of all kinds, to encourage co-operation in the field of information and to improve the work- ing conditions for journalists. (…)

(…) they will • ensure that radio services operating in accordance with the ITU Radio Regulations can be directly and normally received in their States (…)

(37) They will encourage radio and television organizations, on the basis of arrangements between them, to broadcast live, especially in the organizing countries, programmes and discussions with participants from different States and to broadcast statements of and interviews with political and other personalities from the participating States.

(38) They will encourage radio and television organizations to report on different aspects of life in other participating States and to increase the number of telebridges between their countries.

(39) Recalling that the legitimate pursuit of journalists’ professional activity will neither render them liable to expulsion nor otherwise penalize them, they will refrain from taking restrictive measures such as withdrawing a journalist’s accreditation or expelling him because of the content of the reporting of the journalist or of his information media.

(40) They will ensure that, in pursuing this activity, journalists, including those representing media from other participating States, are free to seek access to and maintain contacts with public and private sources of information and that their need for professional confidentiality is respected.

* In this context it is understood that import of printed matter may be subject to local regulations which will be applied with due regard to the journalists’ need for adequate working material. The participating States will, where necessary, facilitate the establishment and operation, in their capitals, of press centres or institutions performing the same functions, open to the national and foreign press with suitable working facilities for the latter. They will also consider further ways and means to assist journalists from other participating States and thus to enable them to resolve practical problems they may encounter.

146 3.1.10 Freedom of Expression, Free Media and Information

(41) They will respect the copyright of journalists.

(42) On the basis of arrangements between them, where necessary, and for the purpose of regu- lar reporting, they will grant accreditation, where it is required, and multiple entry visas to jour- nalists from other participating States, regardless of their domicile. On this basis they will reduce to a maximum of two months the period for issuing both accreditation and multiple entry visas to journalists.

(43) They will facilitate the work of foreign journalists by providing relevant information, on request, on matters of practical concern, such as import regulations, taxation and accommodation.

(44) They will ensure that official press conferences and, as appropriate, other similar official press events are also open to foreign journalists, upon accreditation, where this is required.

Copenhagen 1990

(7) (…) the participating States will (…) (7.8) – provide that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process;

Moscow 1991

(26) The participating States reaffirm the right to freedom of expression, including (…) the right of the media to collect, report and disseminate information, news and opinions. Any restriction in the exercise of this right will be prescribed by law and in accordance with international stand- 3 ards. They further recognize that independent media are essential to a free and open society and accountable systems of government and are of particular importance in safeguarding human rights and fundamental freedoms. (26.1) They consider that the print and broadcast media in their territory should enjoy unrestricted access to foreign news and information services. The public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through foreign publications and foreign broadcasts. Any restriction in the exercise of this right will be prescribed by law and in accordance with international standards. (26.2) The participating States will not discriminate against independent media with respect to affording access to information, material and facilities. (…) (28.9) The participating States will endeavour to maintain freedom of expression and freedom of information, consistent with their international obligations and commitments, with a view to ena- bling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency. They will, in conformity with international standards regarding the freedom of expression, take no measures aimed at barring journalists from the legiti- mate exercise of their profession other than those strictly required by the exigencies of the situation. (…)

(34) The participating States will adopt, where appropriate, all feasible measures to protect jour- nalists engaged in dangerous professional missions, particularly in cases of armed conflict, and

147 3.1.10 Freedom of Expression, Free Media and Information

will co-operate to that effect. These measures will include tracing mission journalists, ascertaining their fate, providing appropriate assistance and facilitating their return to their families.

Budapest 1994 (Decisions: VIII. The Human Dimension)

36. The participating States reaffirm that freedom of expression is a fundamental human right and a basic component of a democratic society. In this respect, independent and pluralistic media are essential to a free and open society and accountable systems of government. They take as their guiding principle that they will safeguard this right.

37. They condemn all attacks on and harassment of journalists and will endeavour to hold those directly responsible for such attacks and harassment accountable.

38. They further note that fomenting hatred and ethnic tension through the media, especially by governments, can serve as an early warning of conflict.

Lisbon 1996 (Summit Declaration)

9. (...) Among the acute problems within the human dimension, the continuing violations of human rights, such as (...) threats to independent media (…) continue to endanger stability in the OSCE region. We are committed to continuing to address these problems. (…)

11. Freedom of the press and media are among the basic prerequisites for truly democratic and civil societies (…)

Copenhagen 1997 (Annex 1: Permanent Council Decision No. 193, Mandate of the OSCE Representative on Freedom of the Media)

1. The participating States (…) recall in particular that freedom of expression is a fundamental and internationally recognized human right and a basic component of a democratic society and that free, independent and pluralistic media are essential to a free and open society and accountable systems of government. Bearing in mind the principles and commitments they have subscribed to within the OSCE (…), the participating States decide to establish, under the aegis of the Perma- nent Council, an OSCE Representative on Freedom of the Media. The objective is to strengthen the implementation of relevant OSCE principles and commitments as well as to improve the effective- ness of concerted action by the participating States based on their common values. The participat- ing States confirm that they will co-operate fully with the OSCE Representative on Freedom of the Media. He or she will assist the participating States, in a spirit of co-operation, in their continuing commitment to the furthering of free, independent and pluralistic media (…)

Istanbul 1999 (Summit Declaration)

27. (…) We are deeply concerned about the exploitation of media in areas of conflict to foment hatred and ethnic tension and the use of legal restrictions and harassment to deprive citizens of free media. We underline the need to secure freedom of expression, which is an essential element of political discourse in any democracy. We support the Office of the Representative on Freedom of the Media in its efforts to promote free and independent media.

148 3.1.10 Freedom of Expression, Free Media and Information

Istanbul 1999 (Charter for European Security: III. Our Common Response)

26. We reaffirm the importance of independent media and the free flow of information as well as the public’s access to information. We commit ourselves to take all necessary steps to ensure the basic conditions for free and independent media and unimpeded transborder and intra-State flow of information (…)

Milan 2018 (Decision No. 3/18 on the Safety of Journalists)

The Ministerial Council,

Reaffirming all relevant OSCE commitments on the right to freedom of expression, freedom of the media, and free flow of information, (…),

Mindful that everyone has the right to freedom of opinion and expression (…), and that it consti- tutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and development, (…)

Reaffirming that independent media are essential to a free and open society and accountable sys- tems of government and are of particular importance in safeguarding human rights and funda- mental freedoms, (…),

Acknowledging that journalism and technology are evolving and that this contributes to the pub- lic debate, while it may also expand the range of risks that undermine the safety of journalists,

Taking note of the importance of promoting and protecting the safety of journalists for the imple- mentation of the relevant Sustainable Development Goal and Targets of the United Nations 2030 3 Agenda for Sustainable Development,

Recognizing that the work of journalists can put them, and their family members, at risk of vio- lence, as well as of intimidation and harassment, including through digital technologies, which can deter journalists from continuing their work or lead to self-censorship, Noting with concern that the use of undue restrictive measures against journalists can affect their safety, and prevents them from providing information to the public, and thus negatively affects the exercise of the right to freedom of expression,

Reaffirming that the media in their territory should enjoy unrestricted access to foreign news and information services, that the public will enjoy similar freedom to receive and impart information and ideas without interference by public authority regardless of frontiers, including through for- eign publications and foreign broadcasts, and that any restriction in the exercise of this right will be prescribed by law and in accordance with international standards, (…),

Concerned that violations and abuses of the right to be free from arbitrary or unlawful interfer- ence with privacy may affect the safety of journalists,

Deeply concerned by all human rights violations and abuses committed in relation to the safety of journalists, including those involving killing, torture, enforced disappearance, arbitrary arrest, arbitrary detention and arbitrary expulsion, intimidation, harassment and threats of all forms, such as physical, legal, political, technological or economic, intended to suppress their work,

149 3.1.10 Freedom of Expression, Free Media and Information

Concerned by the distinct risks faced by women journalists in relation to their work, includ- ing through digital technologies, and underlining the importance to ensure their greatest possi- ble safety and that the experiences and concerns of women journalists are effectively addressed,

Recognizing the crucial role of journalists in covering elections, in particular in informing the pub- lic about candidates, their platforms and ongoing debates, and expressing serious concern about threats and violent attacks that journalists can face in this regard,

Recognizing the importance of investigative journalism, and that the ability of media to investi- gate, and to publish the results of their investigations, including on the Internet, without fear of reprisal, can play an important role in our societies, including in holding public institutions and officials accountable,

Alarmed that targeted campaigns undermining the work of journalists are increasing, eroding public trust and confidence in the credibility of journalism, and recognizing that this can increase the risk of threats and violence against journalists,

Also alarmed at instances in which political leaders, public officials and/or authorities intimidate, threaten, condone or fail to condemn violence against journalists,

Expressing deep concern at the growing threat to the safety of journalists posed, inter alia, by ter- rorist groups and criminal organizations,

Emphasizing also the particular risks with regard to the safety of journalists in the digital age, including the particular vulnerability of journalists to becoming targets of hacking or unlawful or arbitrary surveillance or interception of communications, undermining enjoyment of their right to freedom of expression and their right to be free from arbitrary or unlawful interference with privacy,

Reiterating that participating States condemn all attacks on and harassment of journalists and will endeavour to hold those directly responsible for such attacks and harassment accountable, as stated at the 1994 Budapest CSCE Summit, and also recognizing that accountability for crimes against journalists is a key element in preventing future attacks,

Stressing the significance of commemoration of 2 November as the International Day to End Impu- nity for Crimes against Journalists (IDEI) proclaimed by the United Nations General Assembly,

Noting with concern the climate of impunity that prevails when violent attacks committed against journalists remain unpunished, and recognizing the role of governments, legislators and the judi- ciary in enabling a safe working environment and ensuring safety of journalists by, inter alia, publicly condemning and bringing to justice all those responsible for crimes against journalists,

Recalling United Nations Security Council resolutions 1738 (2006) and 2222 (2015), which con- demn all violations and abuses committed against journalists, media professionals and associated personnel in situations of armed conflict, and which state that journalists, media professionals and associated personnel engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians and shall be protected as such, provided that they take no action adversely affecting their status as civilians,

Calls on participating States to:

150 3.1.10 Freedom of Expression, Free Media and Information

1. Fully implement all OSCE commitments and their international obligations related to freedom of expression and media freedom, including by respecting, promoting and protecting the freedom to seek, receive and impart information regardless of frontiers;

2. Bring their laws, policies and practices, pertaining to media freedom, fully in compliance with their international obligations and commitments and to review and, where necessary, repeal or amend them so that they do not limit the ability of journalists to perform their work independently and without undue interference;

3. Condemn publicly and unequivocally all attacks and violence against journalists such as kill- ing, torture, enforced disappearance, arbitrary arrest, arbitrary detention and arbitrary expulsion, intimidation, harassment, and threats of all forms, such as physical, legal, political, technologi- cal or economic, used to suppress their work and/or unduly force closure of their offices, includ- ing in conflict situations;

4. Also condemn publicly and unequivocally attacks on women journalists in relation to their work, such as sexual harassment, abuse, intimidation, threats and violence, including through digital technologies;

5. Urge the immediate and unconditional release of all journalists who have been arbitrarily arrested or detained, taken hostage or who have become victims of enforced disappearance;

6. Take effective measures to end impunity for crimes committed against journalists, by ensur- ing accountability as a key element in preventing future attacks, including by ensuring that law enforcement agencies carry out swift, effective and impartial investigations into acts of violence and threats against journalists, in order to bring all those responsible to justice, and ensure that victims have access to appropriate remedies;

7. Urge political leaders, public officials and/or authorities to refrain from intimidating, threat- 3 ening or condoning – and to unequivocally condemn – violence against journalists, in order to reduce the risks or threats that journalists may face and avoid undermining trust in the credibil- ity of journalists as well as respect for the importance of independent journalism;

8. Refrain from arbitrary or unlawful interference with journalists’ use of encryption and ano- nymity technologies and refrain from employing unlawful or arbitrary surveillance techniques, noting that such acts infringe on the journalists’ enjoyment of human rights, and could put them at potential risk of violence and threats to their safety;

9. Encourage State bodies and law enforcement agencies to engage in awareness-raising and train- ing activities related to the need to ensure safety of journalists, and to promote the involvement of civil society in such activities, where appropriate;

10. Establish or strengthen, where possible, national data collection, analysis and reporting on attacks and violence against journalists;

11. Ensure that defamation laws do not carry excessive sanctions or penalties that could under- mine the safety of journalists and/or effectively censor journalists and interfere with their mission of informing the public and, where necessary, to revise and repeal such laws, in compliance with participating States’ obligations under international human rights law;

151 3.1.10 Freedom of Expression, Free Media and Information

12. Implement more effectively the applicable legal framework for the protection of journalists and all relevant OSCE commitments;

13. Co-operate fully with the OSCE Representative on Freedom of the Media, including on the issue of safety of journalists;

14. Encourage the OSCE Representative on Freedom of the Media’s continued advocacy and pro- motion of safety of journalists in all OSCE participating States, in line with his/her mandate.

C. Freedom of Cultural or Artistic Expression

See also: II. 3.2.3: Cultural Rights/Cultural Heritage

Paris 1990 (A New Era of Democracy, Peace and Unity)

We recognize the essential contribution of our common European culture and our shared val- ues in overcoming the division of the continent. Therefore, we underline our attachment to crea- tive freedom and to the protection and promotion of our cultural and spiritual heritage, in all its richness and diversity.

Cracow 1991 (I. Culture and Freedom)

1. The participating States emphasize that respect for human rights and fundamental freedoms is essential to the full development of cultural creativity.

2. The State and the public authorities will refrain from infringing upon the freedom of artistic creation

3. The participating States undertake to promote and protect the free and unhindered development of artistic creativity; they recognize the important role of the individual artist in society and will respect and protect the integrity of creative work.

4. They recognize the need for governments to strike a balance between their dual responsibility of acting in support of, and ensuring the freedom of, cultural activity.

5. They further acknowledge that, given the variety of cultural activity in the participating States, there are many ways in which governments might choose to respond effectively to concerns relat- ing to the cultural heritage.

6. The participating States recall their respect for freedom of expression and, in connection with the exercise of that freedom in the artistic and cultural fields, state as follows:

6.1 The publication of written works, the performance and broadcasting of musical, theatrical and audiovisual works, and the exhibition of pictorial or sculptural works will not be subject to restric- tion or interference by the State save such restrictions as are prescribed by domestic legislation and are fully consistent with international standards.

6.2 They express their conviction that the existence, in the artistic and cultural fields, of a diversity of means of dissemination independent of the State, such as publishing houses, radio broadcasting,

152 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

cinema and television enterprises, theatres and galleries, helps to ensure pluralism and the free- dom of artistic and cultural expression.

7. The participating States recall their commitments to unhindered access to culture, and agree as follows:

7.1 While duly respecting intellectual property rights, any person or independent organization has the right to own privately, use and reproduce all kinds of cultural materials, such as books, pub- lications and audiovisual recordings, and the means of reproducing them.

Moscow 1991

(35) The participating States reaffirm that guaranteeing the freedom of artistic creation and pre- serving the cultural heritage form part of the human dimension of the CSCE. They consider that independent intellectual and cultural life is crucial for the maintenance of free societies and dem- ocratic institutions. They will implement their commitments in the cultural field, as laid down in the Document of the Cracow Symposium on the Cultural Heritage (…)

3.1.11 Freedom of Movement, Human Contacts and Family Reunification

See also: II. 4.4: Refugees, Displaced Persons, Returnees and Stateless Persons II. 4.5: Migrant Workers

Helsinki 1975 (Co-operation in Humanitarian and Other Fields)

The participating States, 3 Considering the development of contacts to be an important element in the strengthening of friendly relations and trust among peoples (…)

Make it their aim to facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating States, and to contribute to the solution of the humanitarian problems that arise in that connexion,

Declare their readiness to these ends to take measures which they consider appropriate and to con- clude agreements or arrangements among themselves, as may be needed, and

Express their intention now to proceed to the implementation of the following: (a) Contacts and Regular Meetings on the Basis of Family Ties In order to promote further development of contacts on the basis of family ties the participat- ing States will favourably consider applications for travel with the purpose of allowing persons to enter or leave their territory temporarily, and on a regular basis if desired, in order to visit mem- bers of their families. Applications for temporary visits to meet members of their families will be dealt with without dis- tinction as to the country of origin or destination: existing requirements for travel documents and visas will be applied in this spirit. The preparation and issue of such documents and visas will be

153 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

effected within reasonable time limits, cases of urgent necessity – such as serious illness or death – will be given priority treatment. They will take such steps as may be necessary to ensure that the fees for official travel documents and visas are acceptable. They confirm that the presentation of an application concerning contacts on the basis of family ties will not modify the rights and obligations of the applicant or of members of his family. (b) Reunification of Families The participating States will deal in a positive and humanitarian spirit with the applications of per- sons who wish to be reunited with members of their family, with special attention being given to requests of an urgent character – such as requests submitted by persons who are ill or old. They will deal with applications in this field as expeditiously as possible. They will lower where necessary the fees charged in connexion with these applications to ensure that they are at a mod- erate level. Applications for the purpose of family reunification which are not granted may be renewed at the appropriate level and will be reconsidered at reasonably short intervals by the authorities of the country of residence or destination, whichever is concerned, under such circumstances fees will be charged only when applications are granted. Persons whose applications for family reunification are granted may bring with them or ship their household and personal effects; to this end the participating States will use all possibilities pro- vided by existing regulations. Until members of the same family are reunited meetings and contacts between them may take place in accordance with the modalities for contacts on the basis of family ties. The participating States will support the efforts of Red Cross and Red Crescent Societies concerned with the problems of family reunification. They confirm that the presentation of an application concerning family reunification will not mod- ify the rights and obligations of the applicant or of members of his family. The receiving participating State will take appropriate care with regard to employment for persons from other participating States who take up permanent residence in that State in connexion with family reunification with its citizens and see that they are afforded opportunities equal to those enjoyed by its own citizens for education, medical assistance and social security. (c) Marriage between Citizens of Different States The participating States will examine favourably and on the basis of humanitarian considerations requests for exit or entry permits from persons who have decided to marry a citizen from another participating State. The processing and issuing of the documents required for the above purposes and for the marriage will be in accordance with the provisions accepted for family reunification. In dealing with requests from couples from different participating States, once married, to ena- ble them and the minor children of their marriage to transfer their permanent residence to a State in which either one is normally a resident, the participating States will also apply the provisions accepted for family reunification. (d) Travel for Personal or Professional Reasons The participating States intend to facilitate wider travel by their citizens for personal or profes- sional reasons and to this end they intend in particular: • gradually to simplify and to administer flexibly the procedures for exit and entry;

154 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

• to ease regulations concerning movement of citizens from the other participating States in their territory, with due regard to security requirements.

They will endeavour gradually to lower, where necessary, the fees for visas and official travel doc- uments.

They intend to consider, as necessary, means – including, in so far as appropriate, the conclusion of multilateral or bilateral consular conventions or other relevant agreements or understandings – for the improvement of arrangements to provide consular services, including legal and consu- lar assistance.

Madrid 1983 (Co-operation in Humanitarian and Other Fields)

The participating States will favourably deal with applications relating to contacts and regular meetings on the basis of family ties, reunification of families and marriage between citizens of different States and will decide upon them in the same spirit.

They will decide upon these applications in emergency cases for family meetings as expeditiously as possible, for family reunification and for marriage between citizens of different States in normal practice within six months and for other family meetings within gradually decreasing time limits.

They confirm that the presentation or renewal of applications in these cases will not modify the rights and obligations of the applicants or of members of their families concerning inter alia employment, housing, residence status, family support, access to social, economic or educational benefits, as well as any other rights and obligations flowing from the laws and regulations of the respective participating State.

The participating States will provide the necessary information on the procedures to be followed 3 by the applicants in these cases and on the regulations to be observed, as well as, upon the appli- cant’s request, provide the relevant forms.

They will, where necessary, gradually reduce fees charged in connection with these applications, including those for visas and passports, in order to bring them to a moderate level in relation to the average monthly income in the respective participating State.

Applicants will be informed as expeditiously as possible of the decision that has been reached. In case of refusal applicants will also be informed of their right to renew applications after reason- ably short intervals.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(20) The participating States will respect fully the right of everyone • to freedom of movement and residence within the borders of each State, and • to leave any country, including his own, and to return to his country.

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(1) In implementing the human contacts provisions of the Final Act, the Madrid Concluding Docu- ment and the present Document, [the participating States] will fully respect their obligations under

155 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

international law as referred to in the subchapter of the present Document devoted to principles, in particular that everyone shall be free to leave any country, including his own, and to return to his country, as well as their international commitments in this field.

(2) They will ensure that their policies concerning entry into their territories are fully consistent with the aims set out in the relevant provisions of the Final Act, the Madrid Concluding Docu- ment and the present Document.

(3) They will take the necessary steps to find solutions as expeditiously as possible, but in any case within six months, to all applications based on the human contacts provisions of the Final Act and the Madrid Concluding Document, outstanding at the conclusion of the Vienna Follow-up Meeting.

(4) Thereafter they will conduct regular reviews in order to ensure that all applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are being dealt with in a manner consistent with those provisions.

(5) They will decide upon applications relating to family meetings in accordance with the Final Act and the other aforementioned CSCE documents in as short a time as possible and in normal practice within one month.

(6) In the same manner they will decide upon applications relating to family reunification or mar- riage between citizens of different States, in normal practice within three months.

(7) In dealing favourably with applications relating to family meetings, they will take due account of the wishes of the applicant, in particular on the timing and sufficiently long duration of such meetings, and on travelling together with other members of his family for joint family meetings.

(8) In dealing favourably with applications relating to family meetings, they will also allow visits to and from more distant relatives.

(9) In dealing favourably with applications relating to family reunification or marriage between citizens of different States, they will respect the wishes of the applicants on the country of desti- nation ready to accept them.

(10) They will pay particular attention to the solution of problems involving the reunification of minor children with their parents. In this context and on the basis of the relevant provisions of the Final Act and of the other aforementioned CSCE documents, they will ensure • that an application for this purpose submitted while the child is a minor will be dealt with favour- ably and expeditiously in order to effect the reunification without delay, and • that adequate arrangements are made to protect the interests and welfare of the children con- cerned.

(11) They will consider the scope for gradually reducing and eventually eliminating any require- ment which might exist for travellers to obtain local currency in excess of actual expenditure, giving priority to persons traveling for the purpose of family meetings. They will accord such per- sons the opportunity in practice to bring in or to take out with them personal possessions or gifts.

(12) They will pay immediate attention to applications for travel of an urgent humanitarian nature and deal with them favourably as follows:

156 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

• They will decide within three working days upon applications relating to visits to a seriously ill or dying family member, travel to attend the funeral of a family member or travel by those who have a proven need of urgent medical treatment or who can be shown to be critically or terminally ill. • They will decide as expeditiously as possible upon applications relating to travel by those who are seriously ill or by the elderly, and other travel of an urgent humanitarian nature. • They will intensify efforts by their local, regional and central authorities concerned with the implementation of the above, and ensure that charges for giving priority treatment to such appli- cations do not exceed costs actually incurred.

(13) In dealing with applications for travel for family meetings, family reunification or marriage between citizens of different States, they will ensure that acts or commissions by members of the applicant’s family do not adversely affect the rights of the applicant as set forth in the relevant international instruments.

(14) They will ensure that all documents necessary for applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are easily accessi- ble to the applicant. The documents will remain valid throughout the application procedure. In the event of a renewed application the documents already submitted by the applicant in connec- tion with previous applications will be taken into consideration.

(15) They will simplify practices and gradually reduce administrative requirements for applica- tions based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents.

(16) They will ensure that, when applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents are refused for reasons specified in the relevant international instruments, the applicant is promptly provided in writing with an official notification of the grounds on which the decision was based. As a rule and in all cases where the 3 applicant so requests, he will be given the necessary information about the procedure for mak- ing use of any effective administrative or judicial remedies against the decision available to him as envisaged in the abovementioned international instruments. In cases where exit for perma- nent settlement abroad is involved, this information will be provided as part of the official noti- fication foreseen above.

(17) If in this context an individual’s application for travel abroad has been refused for reasons of national security, they will ensure that, within strictly warranted time limits, any restriction on that individual’s travel is as short as possible and is not applied in an arbitrary manner. They will also ensure that the applicant can have the refusal reviewed within six months and, should the need arise, at regular intervals thereafter so that any changes in the circumstances surrounding the refusal, such as time elapsed since the applicant was last engaged in work or duties involving national security, are taken into account. Before individuals take up such work or duties they will be formally notified if and how this could affect applications they might submit for such travel.

(18) Within one year of the conclusion of the Vienna Follow-up Meeting they will publish and make easily accessible, where this has not already been done, all their laws and statutory regulations con- cerning movement by individuals within their territory and travel between States.

(19) In dealing favourably with applications based on the human contacts provisions of the Final Act and of the other aforementioned CSCE documents, they will ensure that these are dealt with

157 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

in good time in order, inter alia, to take due account of important family, personal or professional considerations significant for the applicant.

(20) They will deal favourably with applications for travel abroad without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, age or other status. They will ensure that any refusal does not affect applications submitted by other persons.

(21) They will further facilitate travel on an individual or collective basis for personal or profes- sional reasons and for tourism, such as travel by delegations, groups and individuals. To this end they will reduce the time for the consideration of applications for such travel to a minimum.

(22) They will give serious consideration to proposals for concluding agreements on the issuing of multiple entry visas and the reciprocal easing of visa processing formalities, and consider possibil- ities for the reciprocal abolition of entry visas on the basis of agreements between them.

(23) They will consider adhering to the relevant multilateral instruments as well as concluding complementary or other bilateral agreements, if necessary, in order to improve arrangements for ensuring effective consular, legal and medical assistance for citizens of other participating States temporarily on their territory.

(24) They will take any necessary measures to ensure that citizens of other participating States temporarily on their territory for personal or professional reasons, inter alia for the purpose of participating in cultural, scientific and educational activities, are afforded appropriate personal safety, where this is not already the case. (…)

(31) They will ensure that the status of persons belonging to national minorities or regional cul- tures on their territories is equal to that of other citizens with regard to human contacts under the Final Act and the other aforementioned CSCE documents and that these persons can establish and maintain such contacts through travel and other means of communication, including contacts with citizens of other States with whom they share a common national origin or cultural heritage.

Copenhagen 1990

(9) The participating States reaffirm that (…) (9.5) they will respect the right of everyone to leave any country, including his own, and to return to his country, consistent with a State’s international obligations and CSCE commitments. Restric- tions on this right will have the character of very rare exceptions, will be considered necessary only if they respond to a specific public need, pursue a legitimate aim and are proportionate to that aim, and will not be abused or applied in an arbitrary manner;

158 3.1.11 Freedom of Movement, Human Contacts and Family Reunification

(…) (10.4) allow members of such groups and organizations to have unhindered access to and commu- nication with similar bodies within and outside their countries and with international organiza- tions, to engage in exchanges, contacts and co-operation with such groups and organizations (…)

(19) The participating States affirm that freer movement and contacts among their citizens are important in the context of the protection and promotion of human rights and fundamental free- doms. They will ensure that their policies concerning entry into their territories are fully con- sistent with the aims set out in the relevant provisions of the Final Act, the Madrid Concluding Document and the Vienna Concluding Document. While reaffirming their determination not to recede from the commitments contained in CSCE documents, they undertake to implement fully and improve present commitments in the field of human contacts, including on a bilateral and multilateral basis. In this context they will (19.1) strive to implement the procedures for entry into their territories, including the issuing of visas and passport and customs control, in good faith and without unjustified delay. Where neces- sary, they will shorten the waiting time for visa decisions, as well as simplify practices and reduce administrative requirements for visa applications; (19.2) ensure, in dealing with visa applications, that these are processed as expeditiously as possi- ble in order, inter alia, to take due account of important family, personal or professional consid- erations, especially in cases of an urgent, humanitarian nature; (19.3) endeavour, where necessary, to reduce fees charged in connection with visa applications to the lowest possible level.

Paris 1990 (A New Era of Democracy, Peace and Unity)

In accordance with our CSCE commitments, we stress that free movement and contacts among our citizens as well as the free flow of information and ideas are crucial for the maintenance and 3 development of free societies and flourishing cultures (…)

Moscow 1991

(33) The participating States will remove all legal and other restrictions with respect to travel within their territories for their own nationals and foreigners, and with respect to residence for those entitled to permanent residence, except those restrictions which may be necessary and offi- cially declared for military, safety, ecological or other legitimate government interests, in accord- ance with their national laws, consistent with CSCE commitments and international human rights obligations. The participating States undertake to keep such restrictions to a minimum.

Budapest 1994 (Decisions: VIII. The Human Dimension)

40. They will encourage administrative authorities dealing with citizens of other States to fully implement the CSCE commitments concerning travel and will refrain from degrading treatment and other outrages against personal dignity.

159 3.1.12 Respect for Private and Family Life

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

2. The OSCE participating States reaffirm the obligations and commitments on borderrelated issues that they have undertaken at all levels:

2.1 At the global level: On border security and management issues, the participating States reaf- firm their commitments under international law, in particular international human rights, refu- gee and humanitarian law, and may consider as well standards and recommendations laid down by the World Customs Organization, the International Organization for Migration, the Interna- tional Labour Organization, the United Nations High Commissioner for Refugees and other rel- evant international organizations; (…)

4. The participating States will promote co-operation between their border services, customs authorities, agencies issuing travel documents and visas, and law enforcement and migration agen- cies, as well as other competent national structures, with a view to achieving the following aims:

4.1 To promote free and secure movement of persons (…) across borders, in conformity with rele- vant legal frameworks, international law and OSCE commitments, inter alia, through enhancing the security of travel documents and encouraging, as appropriate, circumstances that could allow liber- alization of visa regimes, in the spirit of the commitments under the documents mentioned above; (…)

4.5 To promote dignified treatment of all individuals wanting to cross borders, in conformity with relevant national legal frameworks, international law, in particular human rights, refugee, and humanitarian law, and relevant OSCE commitments;

Hamburg 2016 (Decision No. 4/16 on Strengthening Good Governance and Promoting Connectivity) (…)

Calling upon participating States to promote free and secure movement of persons, goods, ser- vices and investments across borders, in conformity with relevant legal frameworks, international law and OSCE commitments, (…)

3.1.12 Respect for Private and Family Life

See also: II. 3.1.11:Freedom of Movement, Human Contacts and Family Reunification

Moscow 1991

(24) The participating States reconfirm the right to the protection of private and family life, dom- icile, correspondence and electronic communications. In order to avoid any improper or arbitrary intrusion by the State in the realm of the individual, which would be harmful to any democratic society, the exercise of this right will be subject only to such restrictions as are prescribed by law

160 3.1.13 Right to Nationality

and are consistent with internationally recognized human rights standards. In particular, the par- ticipating States will ensure that searches and seizures of persons and private premises and prop- erty will take place only in accordance with standards that are judicially enforceable.

3.1.13 Right to Nationality

See also: II. 4.4: Refugees, Displaced Persons, Returnees and Stateless Persons

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(55) Recognize that everyone has the right to a nationality and that no one should be deprived of his/her nationality arbitrarily;

(56) Underline that all aspects of nationality will be governed by the process of law. They will, as appropriate, take measures, consistent with their constitutional framework not to increase state- lessness;

Istanbul 1999 (Charter for European Security: III. Our Common Response)

19. (…) We reaffirm our recognition that everyone has the right to a nationality and that no one should be deprived of his or her nationality arbitrarily. We commit ourselves to continue our efforts to ensure that everyone can exercise this right. We also commit ourselves to further the interna- tional protection of stateless persons. 3 3.1.14 Property Rights

Bonn 1990

The participating States (…) (w)ill endeavour to achieve or maintain the following: (…) • Full recognition and protection of all types of property including private property, and the right of citizens to own and use them, as well as intellectual property rights; • The right to prompt, just and effective compensation in the event private property is taken for public use; (…)

Copenhagen 1990

(9) The participating States reaffirm that (…) (9.6) everyone has the right peacefully to enjoy his property either on his own or in common with others. No one may be deprived of his property except in the public interest and subject to the conditions provided for by law and consistent with international commitments and obligations.

161 3.2 Economic, Social and Cultural Rights

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that, without discrimination (…) everyone (…) has the right: (…)

to own property alone or in association and to exercise individual enterprise (…)

3.2 Economic, Social and Cultural Rights

3.2.1 General Provisions

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principles VII-IX)

[The participating States] will promote and encourage the effective exercise of …economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for his free and full development. (…)

They will endeavour, in developing their cooperation, to improve the well-being of peoples and con- tribute to the fulfilment of their aspirations through, inter alia, the benefits resulting from increased mutual knowledge and from progress and achievement in the economic, scientific, technological, social, cultural and humanitarian fields. They will take steps to promote conditions favourable to making these benefits available to all; they will take into account the interest of all in the narrow- ing of differences in the levels of economic development, and in particular the interest of develop- ing countries throughout the world.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

[The participating States] similarly stress their determination to develop their laws and regulations in the field of (…) economic, social, cultural and other human rights and fundamental freedoms; they also emphasize their determination to ensure the effective exercise of these rights and freedoms.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(12) (…) They recognize that (…) economic, social, cultural and other rights and freedoms are all of paramount importance and must be fully realized by all appropriate means.

(13) In this context they will (13.1) develop their laws, regulations and policies in the field of (…) economic, social, cultural and other human rights and fundamental freedoms and put them into practice in order to guarantee the effective exercise of these rights and freedoms; (13.2) consider acceding to (…) the International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they have not yet done so; (…)

162 3.2.2 Economic and Social Rights

(14) The participating States recognize that the promotion of economic, social, cultural rights as well as of civil and political rights is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual.

They will therefore continue their efforts with a view to achieving progressively the full realization of economic, social and cultural rights by all appropriate means, including in particular by the adoption of legislative measures. In this context they will pay special attention to problems in the areas of employment, housing, social security, health, education and culture. They will promote constant progress in the realization of all rights and freedoms within their countries, as well as in the development of relations among themselves and with other States, so that everyone actually enjoys to the full his economic, social and cultural rights as well as his civil and political rights.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that, without discrimination (…) everyone (…) has the right: (…)

to enjoy his economic, social and cultural rights.

3.2.2 Economic and Social Rights

A. General Provisions

Bonn 1990

[The participating States] will endeavour to achieve or maintain the following: 3 (…) • Policies that promote social justice and improve living and working conditions; (…)

Paris 1990 (A New Era of Democracy, Peace and Unity)

Economic liberty, social justice and environmental responsibility are indispensable for prosperity.

The free will of the individual, exercised in democracy and protected by the rule of law, forms the necessary basis for successful economic and social development. We will promote economic activ- ity which respects and upholds human dignity.

Freedom and political pluralism are necessary elements in our common objective of developing mar- ket economies towards sustainable economic growth, prosperity, social justice, expanding employ- ment and efficient use of economic resources. The success of the transition to market economy by countries making efforts to this effect is important and in the interest of us all. It will enable us to share a higher level of prosperity which is our common objective. We will co-operate to this end.

163 3.2.2 Economic and Social Rights

Istanbul 1999 (Charter for European Security: II. Our Common Challenges)

5. Acute economic problems and environmental degradation may have serious implications for our security (…) We will strengthen our responses to such threats through continued economic and environmental reforms, by stable and transparent frameworks for economic activity and by pro- moting market economies, while paying due attention to economic and social rights (…)

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

14. Deepening economic and social disparities, lack of rule of law, weak governance in public and corporate spheres, corruption, widespread poverty and high unemployment are among the eco- nomic factors, which threaten stability and security. They can provide a breeding ground for other major threats. Environmental degradation, unsustainable use of natural resources, mismanage- ment of wastes and pollution affect ecological systems and have a substantial negative impact on the health, welfare, stability and security of States. Ecological disasters may also have such effects. Problems of governance connected to these factors have a direct undermining effect and at the same time reduce the capacity to ensure sustainable economic and social development as well as to effectively address economic and environmental challenges and threats to security and stability.

Maastricht 2003 (OSCE Strategy Document for the Economic and Environmental Dimension)

2.2 Strengthening good governance (…)

Social conditions

2.2.13 Good governance and sustainable development imply policies and systems that promote social partnership and cohesion. We will work for improved access for all to basic social benefits, such as affordable health services, pensions and education, and for adequate levels of protection of socially vulnerable groups, and the prevention of social exclusion.

2.2.14 We are determined to take measures to improve social conditions, including by identi- fying and targeting vulnerable groups in society, providing adequate and effective safety nets, strengthening health services, increasing employment opportunities and implementing rehabil- itation programmes. (…)

2.3 Ensuring sustainable development

2.3.3 We support the efforts of the participating States to implement policies of poverty reduction and sustainable development, including the national poverty reduction programmes in countries with economies in transition. We will encourage the provision of the necessary advice and assis- tance by international organizations and institutions having the relevant expertise and resources.

164 3.2.2 Economic and Social Rights

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

4.6 To create beneficial conditions for social and economic development in border territo- ries, as well as for the prosperity and cultural development of persons belonging to all communi- ties residing in border areas, with access to all opportunities;

B. Workers’ Rights

See also: II. 4.5: Migrant Workers

Madrid 1983 (Questions Relating to Security in Europe: Principles)

Bonn 1990 (Preamble) 3 (…) the participating States,

Recognizing the relationship between political pluralism and market economies, and being com- mitted to the principles concerning: (…) • Economic activity that accordingly upholds human dignity and is free from forced labour, dis- crimination against workers on grounds of race, sex, language, political opinion or religion, or denial of the rights of workers freely to establish or join independent trade unions,

Will endeavour to achieve or maintain the following (…)

Copenhagen 1990

(9) The participating States reaffirm that (...) (9.3) – the right of association will be guaranteed. The right to form and – subject to the general right of a trade union to determine its own membership – freely to join a trade union will be guar- anteed. These rights will exclude any prior control. Freedom of association for workers, including the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards;

165 3.2.3 Cultural Rights/Cultural Heritage

Vilnius 2011 (Declaration on combating all forms of human trafficking)

14. We acknowledge that, in order to prevent trafficking in human beings for the purpose of labour exploitation effectively, labour rights must be respected. We recommend the development and application of measures to improve labour practices and promote the effective enforcement of internationally recognized labour rights, by means such as labour inspections, monitoring of private employment agencies, and the development of other programs to support workers in exer- cising their labour rights.

15. We encourage participating States to work with the business sector to apply principles of due diligence and transparency in assessing and addressing risks of exploitation throughout supply chains and ensuring that workers have access to mechanisms for the redress and remedy of abu- sive practices. We encourage the dissemination and implementation of the newly adopted United Nations Guiding Principles on Business and Human Rights. Similarly, we encourage governments to consider incorporating similar standards, includingc “zero-tolerance” policies, in government procurement of goods and services.

Hamburg 2016 (Decision No. 4/16 on Strengthening Good Governance and Promoting Connectivity) (…)

Strengthening good governance through adherence to labour, social, and environmental standards

15. Encourages participating States to facilitate secure transportation and trade while preventing illicit trafficking in accordance with the relevant provisions of international law and agreements to which the OSCE participating States are parties, and to increase efforts aimed at overcoming challenges such as labour exploitation and poorly regulated and inspected worksites;

16. Invites participating States to strive for better application of internationally recognized labour, social, and environmental standards within the UN, ILO, and where appropriate OECD;

17. Encourages participating States to promote, in co-operation with the private sector, sustaina- ble consumption and production patterns based on internationally recognized labour, social, and environmental standards;

3.2.3 Cultural Rights/Cultural Heritage

See also: II. 3.1.10 C: Freedom of Cultural or Artistic Expression II. 4.1: National Minorities II. 4.2: Roma and Sinti II. 5.3.5: Promotion of Tolerance, Understanding and Respect, Including Remembrance

166 3.2.3 Cultural Rights/Cultural Heritage

Vol. 2: Helsinki 1975 (Co-operation in Humanitarian and Other Fields > 3. Co-operation and Exchanges in the Field of Culture) Vol. 2: Madrid 1983 (Co-operation in Humanitarian and Other Fields > Co-operation and Exchanges in the Field of Culture) Vol. 2: Vienna 1989 (Co-operation in Humanitarian and Other Fields > Co-operation and Exchanges in the Field of Culture) Vol. 2: Cracow 1991 (Principal Areas of Preservation and Co-operation)

Cracow 1991 (Preamble)

[The participating States] take note of the interrelationship between cultural life and the well-be- ing of their peoples, and the special importance that this has for democratic countries in transi- tion towards a market economy. They encourage support, as already undertaken, and the on-going assistance to those countries in preserving and protecting their cultural heritage. (…)

Regional cultural diversity is an expression of the richness of the common cultural identity of the participating States. Its preservation and protection contribute to building a democratic, peace- ful and united Europe. (…)

II. Culture and Heritage

10. The participating States express their deeply-held conviction that the cultural heritage of each one of them constitutes an inalienable part of their civilization, their memory and their common history, to be transmitted to future generations. 3 11. The participating States take note of the definitions of archaeological property, of the cultural heritage and of the architectural heritage in the relevant international documents of the Council of Europe and UNESCO.

12. The complete and lasting documentation of sites, structures, cultural landscapes, objects and cul- tural systems, including historical, religious and cultural monuments, as they presently exist, is one of the most important legacies to the cultural heritage that can be provided for future generations.

13. The participating States also recognize as vital elements of their common cultural heritage, the heritage of those cultures which, because of language barriers, climate and geographical distance, limited population or turns of history and political circumstances, have not been widely accessible.

14. The participating states will endeavour to protect the cultural heritage, in compliance with rel- evant international agreements and with their domestic legislation.

15. The participating States will pay heed to the preservation, enhancement and restoration of the cultural heritage when drawing up cultural, environmental and regional and urban planning poli- cies. They further note the importance of relating individual conservation projects to their authen- tic urban or rural environment, where appropriate and whenever possible.

16. The participating States recognize the importance of making their cultural heritage as widely accessible as possible. In doing so, they will pay particular attention to the needs of the handicapped.

167 3.2.3 Cultural Rights/Cultural Heritage

16.1 They will endeavour to safeguard the heritage from damage which may be caused by man- agement of and public access to it.

16.2 They will promote public awareness of the value of the heritage and the need to protect it.

16.3 They will seek, wherever possible, to facilitate access for researchers and scholars to relevant primary documents and archive materials.

17. The participating States note favourably the role of non-governmental associations in promot- ing awareness of the heritage and the need for its protection.

18. Partnerships among diverse groups at the local, regional and national level, from both the pri- vate and the public sector, are valuable for ensuring the effective and representative preservation of the cultural heritage. The preservation and interpretation of the values and the cultural herit- age of diverse groups will be enhanced with the involvement of those groups, which is conducive to the tolerance and respect for different cultures which are of paramount importance.

19. The participating States recognize the usefulness and importance of exchanging information on preserving the cultural heritage and acknowledge that the use of data banks, on a national and multilateral level, could make a useful contribution to this work.

Moscow 1991

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

4.6 To create beneficial conditions for social and economic development in border territories, as well as for the prosperity and cultural development of persons belonging to all communities resid- ing in border areas, with access to all opportunities;

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Strongly condemning the destruction of cultural heritage and religious sites, including the tar- geted destruction of UNESCO World Heritage sites, by terrorists, foreign terrorist fighters asso- ciated with ISIL and other terrorist groups, (…)

168 3.2.4 Right to Education

3.2.4 Right to Education

See also: Vol. 2: Helsinki 1975 (Co-operation in Humanitarian and Other Fields > 4.Co-operation and Exchanges in the Field of Education) Vol. 2: Madrid 1983 (Co-operation in Humanitarian and Other Fields > Co-operation and Exchanges in the Field of Education) Vol. 2: Vienna 1989 (Co-operation in Humanitarian and Other Fields > Co-operation and Exchanges in the Field of Education)

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(63) [The participating States] will ensure access by all to the various types and levels of educa- tion without discrimination as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Copenhagen 1990

In the context of the teaching of history and culture in educational establishments, they will also take account of the history and culture of national minorities.

Milan 2018 (Decision 5/18 on Human Capital Development in the Digital Era) 3 The Ministerial Council, (…)

Recalling the commitments related to human capital development (…)

(…) and aware that investment in human capital and promotion of knowledge and skills promote economic participation, social inclusion and sustainable growth which are interdependent and contribute to prosperity, trust, stability, security and co-operation in the OSCE area,

Taking into account the emerging and fast-evolving implications of digital transformation, which is leading to progress and prosperity, but also to the emergence of potential new or enhanced threats and challenges,

Aware that changes in the labour markets caused by digital transformation have the potential to widen social and economic disparities, and that there is a need for a stronger focus on the devel- opment of human capital, particularly for women, youth and persons with disabilities, especially in labour-intensive, low-skilled economic sectors,

Acknowledging that human capital development, including in the digital context, through its pos- itive impact on an informed and qualified workforce, sustainable development, jobs and wealth creation, can positively contribute to making economies and societies more resilient to corruption,

169 3.2.4 Right to Education

Determined to promote lifelong learning and vocational and professional training throughout the working life as essential tools for human capital development and for reducing existing digi- tal divides, particularly for women and girls in the areas of science, technology, engineering and mathematics,

Recognizing that there are opportunities and challenges associated with new forms of employ- ment arising from the digital transformation of the economy, and that while these changes in the labour market may promote economic growth and job creation, some of the challenges may have an impact on job and social stability, (…)

Acknowledging, in the context of the digitalization of the economy, the need to strengthen the resilience of the workforce and to adapt labour market policy frameworks to promote: the creation of jobs with full respect for human dignity and human rights; sustainable and inclusive economic growth; and equal opportunities for the participation of women and men in the labour market,

Recognizing the potential for human capital development to contribute to the implementation of the United Nations 2030 Agenda for Sustainable Development,

1. Encourages participating States to support the development of human capital so as to manage the transition to increasingly automated and digital economies, including through public-private partnerships and multi-stakeholder collaboration;

2. Encourages participating States to promote lifelong learning, starting from early education and continuing throughout working life, as a key pillar for managing this transition;

3. Calls upon participating States to promote access to quality education, training, upskilling and reskilling opportunities in order to enhance employability – promoting non-discriminatory access for women, youth and persons with disabilities and with special attention to those work- ing in labour-intensive industries;

4. Encourages the participating States, as appropriate, to promote education, vocational training and retraining, in particular for women and girls, and especially in the fields of science, technol- ogy, engineering and mathematics, as a key measure to reduce digital divides and to advance the empowerment of women by promoting opportunities, including in the economy;

5. Invites the participating States to strengthen policy and institutional frameworks to facilitate innovative business models and a positive investment climate, to promote job creation and sus- tainable, inclusive economic growth;

6. Encourages the participating States to involve the private sector, civil society, trade and labour unions, academia, and other relevant stakeholders to identify and address the needs in terms of human capital development and to work together to develop and implement relevant policies and regulations;

7. Calls upon participating States to further examine opportunities and challenges associated with new forms of employment arising from the digital transformation of the economy, also with a view to ensuring adequate social protection;

170 3.2.4 Right to Education

8. Encourages the participating States to promote efforts against corruption in the education and training sectors, as well as open, equal and corruption-free access to education, digital skills and training opportunities;

9. Encourages participating States to make use of the OSCE to foster the exchange of best practices and to promote capacity-building initiatives in line with the provisions of this decision;

10. Encourages participating States to increase co-operation on human capital development, includ- ing with relevant international organizations, in areas such as facilitating and widening access to educational, research and training institutions, with particular attention to fostering digital skills;

11. Tasks relevant OSCE executive structures, including field operations, within their mandates and available resources, to assist participating States upon their requests in implementing the pro- visions of this decision;

12. Encourages the OSCE Partners for Co-operation to voluntarily implement the provisions of this decision.

171 4. Commitments Related to Human Rights with a Focus on Specific Groups 4.1 National Minorities

4.1 National Minorities

See also: I. 2.3.4 B: The High Commissioner on National Minorities II. 4.2: Roma and Sinti II. 5: Commitments Related to Equality, Tolerance and Non-discrimination

4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VII)

The participating States on whose territory national minorities exist will respect the right of per- sons belonging to such minorities to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere.

Madrid 1983 (Questions Relating to Security in Europe: Principles)

[The participating States] stress also the importance of constant progress in ensuring the respect for and actual enjoyment of the rights of persons belonging to national minorities as well as pro- tecting their legitimate interests as provided for in the Final Act.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(18) The participating States will exert sustained efforts to implement the provisions of the Final Act and of the Madrid Concluding Document pertaining to national minorities. They will take all the necessary legislative, administrative, judicial and other measures and apply the relevant inter- national instruments by which they may be bound, to ensure the protection of human rights and fundamental freedoms of persons belonging to national minorities within their territory. They will refrain from any discrimination against such persons and will contribute to the realization of their legitimate interests and aspirations in the field of human rights and fundamental freedoms. 4 Copenhagen 1990

(30) The participating States recognize that the questions relating to national minorities can only be satisfactorily resolved in a democratic political framework based on the rule of law, with a func- tioning independent judiciary. This framework guarantees full respect for human rights and funda- mental freedoms, equal rights and status for all citizens, the free expression of all their legitimate interests and aspirations, political pluralism, social tolerance and the implementation of legal rules that place effective restraints on the abuse of governmental power. (…)

They further reaffirm that respect for the rights of persons belonging to national minorities as part of universally recognized human rights is an essential factor for peace, justice, stability and democracy in the participating States.

173 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

(31) Persons belonging to national minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law.

The participating States will adopt, where necessary, special measures for the purpose of ensur- ing to persons belonging to national minorities full equality with the other citizens in the exercise and enjoyment of human rights and fundamental freedoms.

(32) To belong to a national minority is a matter of a person’s individual choice and no disadvan- tage may arise from the exercise of such choice. (…)

Persons belonging to national minorities can exercise and enjoy their rights individually as well as in community with other members of their group. No disadvantage may arise for a person belong- ing to a national minority on account of the exercise or non-exercise of any such rights. (…)

(35) The participating States will respect the right of persons belonging to national minorities to effective participation in public affairs, including participation in the affairs relating to the pro- tection and promotion of the identity of such minorities. (…)

(36) The participating States recognize the particular importance of increasing constructive co-op- eration among themselves on questions relating to national minorities. Such co-operation seeks to promote mutual understanding and confidence, friendly and good-neighbourly relations, interna- tional peace, security and justice.

Every participating State will promote a climate of mutual respect, understanding, co-operation and solidarity among all persons living on its territory, without distinction as to ethnic or national origin or religion, and will encourage the solution of problems through dialogue based on the prin- ciples of the rule of law.

(37) None of these commitments may be interpreted as implying any right to engage in any activity or perform any action in contravention of the purposes and principles of the Charter of the United Nations, other obligations under international law or the provisions of the Final Act, including the principle of territorial integrity of States.

(38) The participating States, in their efforts to protect and promote the rights of persons belonging to national minorities, will fully respect their undertakings under existing human rights conven- tions and other relevant international instruments and consider adhering to the relevant conven- tions, if they have not yet done so, including those providing for a right of complaint by individuals.

(39) The participating States will co-operate closely in the competent international organizations to which they belong, including the United Nations and, as appropriate, the Council of Europe, bearing in mind their on-going work with respect to questions relating to national minorities.

Paris 1990 (A New Era of Democracy, Peace and Unity)

(…) We further acknowledge that the rights of persons belonging to national minorities must be fully respected as part of universal human rights (...)

174 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

Geneva 1991

II.

The participating States stress the continued importance of a thorough review of implementation of their CSCE commitments relating to persons belonging to national minorities.

They emphasize that human rights and fundamental freedoms are the basis for the protection and promotion of rights of persons belonging to national minorities (…)

Issues concerning national minorities, as well as compliance with international obligations and com- mitments concerning the rights of persons belonging to them, are matters of legitimate international concern and consequently do not constitute exclusively an internal affair of the respective State.

They note that not all ethnic, cultural, linguistic or religious differences necessarily lead to the creation of national minorities.

III.

(…) the participating States consider that when issues relating to the situation of national minori- ties are discussed within their countries, they themselves should have the effective opportunity to be involved, in accordance with the decision-making procedures of each State (…)

They recognize that the promotion of dialogue between States, and between States and persons belonging to national minorities, will be most successful when there is a free flow of information and ideas between all parties. They encourage unilateral, bilateral and multilateral efforts by gov- ernments to explore avenues for enhancing the effectiveness of their implementation of CSCE com- mitments relating to national minorities.

The participating States further consider that respect for human rights and fundamental freedoms 4 must be accorded on a non-discriminatory basis throughout society. In areas inhabited mainly by persons belonging to a national minority, the human rights and fundamental freedoms of per- sons belonging to that minority, of persons belonging to the majority population of the respec- tive State, and of persons belonging to other national minorities residing in these areas will be equally protected. (…)

They will permit the competent authorities to inform the Office for Free Elections of all scheduled public elections on their territories, including those held below national level. The participating States will consider favourably, to the extent permitted by law, the presence of observers at elec- tions held below the national level, including in areas inhabited by national minorities, and will endeavour to facilitate their access.

175 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

IV.

The participating States will create conditions for persons belonging to national minorities to have equal opportunity to be effectively involved in the public life, economic activities, and building of their societies.

In accordance with paragraph 31 of the Copenhagen Document, the participating States will take the necessary measures to prevent discrimination against individuals, particularly in respect of employment, housing and education, on the grounds of belonging or not belonging to a national minority. In that context, they will make provision, if they have not yet done so, for effective recourse to redress for individuals who have experienced discriminatory treatment on the grounds of their belonging or not belonging to a national minority, including by making available to individual victims of discrimination a broad array of administrative and judicial remedies. (…)

The participating States affirm that persons belonging to a national minority will enjoy the same rights and have the same duties of citizenship as the rest of the population. (…)

They recognize that …measures, which take into account, inter alia, historical and territorial cir- cumstances of national minorities, are particularly important in areas where democratic institu- tions are being consolidated and national minorities issues are of special concern.

Aware of the diversity and varying constitutional systems among them, which make no single approach necessarily generally applicable, the participating States note with interest that positive results have been obtained by some of them in an appropriate democratic manner by, inter alia: (…) • bilateral and multilateral agreements and other arrangements regarding national minorities; (…) • creation of government research agencies to review legislation and disseminate information related to equal rights and non-discrimination; (…) • governmental assistance for addressing local difficulties relating to discriminatory practices (e.g. a citizens relations service); • encouragement of grassroots community relations efforts between minority communities, between majority and minority communities, and between neighbouring communities shar- ing borders, aimed at helping to prevent local tensions from arising and address conflicts peace- fully should they arise; and • encouragement of the establishment of permanent mixed commissions, either inter-State or regional, to facilitate continuing dialogue between the border regions concerned.

The participating States are of the view that these or other approaches, individually or in com- bination, could be helpful in improving the situation of national minorities on their territories.

The participating States respect the right of persons belonging to national minorities to exercise and enjoy their rights alone or in community with others, to establish and maintain organizations

176 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

and associations within their country, and to participate in international non-governmental organ- izations (…)

VI.

The participating States, concerned by the proliferation of acts of racial, ethnic and religious hatred, anti-semitism, xenophobia and discrimination, stress their determination to condemn, on a con- tinuing basis, such acts against anyone.

In this context, they reaffirm their recognition of the particular problems of Roma (gypsies). They are ready to undertake effective measures in order to achieve full equality of opportunity between persons belonging to Roma ordinarily resident in their State and the rest of the resident popu- lation. They will also encourage research and studies regarding Roma and the particular prob- lems they face. They will take effective measures to promote tolerance, understanding, equality of opportunity and good relations between individuals of different origins within their country (…)

Moscow 1991

(37) The participating States confirm the provisions and commitments of all CSCE documents, in particular the Document of the Copenhagen Meeting of the Conference on the Human Dimen- sion of the CSCE, concerning questions relating to national minorities and the rights of persons belonging to them, and the Report of the Geneva CSCE Meeting of Experts on National Minor- ities, and call for their full and early implementation. They believe that, in particular, the use of the new and expanded CSCE mechanisms and procedures will contribute to further protection and promotion of the rights of persons belonging to national minorities.

Helsinki 1992 (Decisions: II. CSCE High Commissioner on National Minorities)

(1) The participating States decide to establish a High Commissioner on National Minorities (…)

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States 4 (23) Reaffirm in the strongest terms their determination to implement in a prompt and faithful manner all their CSCE commitments (…) regarding questions relating to national minorities and rights of persons belonging to them;

(25) Will continue through unilateral, bilateral and multilateral efforts to explore further avenues for more effective implementation of their relevant CSCE commitments, including those related to the protection and the creation of conditions for the promotion of the ethnic, cultural, linguis- tic and religious identity of national minorities;

177 4.1.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

(26) Will address national minority issues in a constructive manner, by peaceful means and through dialogue among all parties concerned on the basis of CSCE principles and commitments;

(27) Will refrain from resettling and condemn all attempts, by the threat or use of force, to reset- tle persons with the aim of changing the ethnic composition of areas within their territories (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

21. The participating States confirm their determination consistently to advance the implemen- tation of the provisions of the Final Act and all other CSCE documents relating to the protection of the rights of persons belonging to national minorities. They commend the work of the HCNM in this field.

22. The participating States welcome the international efforts to improve protection of the rights of persons belonging to national minorities. They take note of the adoption, within the Council of Europe, of a Framework Convention on the Protection of National Minorities, which builds upon CSCE standards in this context. They stressed that the Convention is also open – by invitation – to signature by States which are not members of the Council of Europe and they may consider examining the possibility of becoming parties to this Convention.

Lisbon 1996 (Declaration on a Common and Comprehensive Security Model for Europe for the Twenty-First Century)

(10) (…) – As an important contribution to security we reaffirm our determination to fully respect and implement all our commitments relating to the rights of persons belonging to national minori- ties. We reaffirm our will to co-operate fully with the High Commissioner on National Minori- ties. We are ready to respond to a request by any participating State seeking solutions to minority issues on its territory.

Istanbul 1999 (Summit Declaration)

30. We reaffirm our commitment to ensure that laws and policies fully respect the rights of per- sons belonging to national minorities (…) We also support the adoption and full implementation of comprehensive anti-discrimination legislation to promote full equality of opportunities for all (…) We reaffirm that we will increase our efforts to implement the recommendations of the High Commissioner on National Minorities.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

The protection and promotion of the rights of persons belonging to national minorities are essen- tial factors for democracy, peace, justice and stability within, and between, participating States (…) Full respect for human rights, including the rights of persons belonging to national minor- ities, besides being an end in itself, may not undermine, but strengthen territorial integrity and sovereignty (…) We condemn violence against any minority. We pledge to take measures to pro- mote tolerance and to build pluralistic societies where all, regardless of their ethnic origin, enjoy full equality of opportunity (…)

178 4.1.2 Effective Participation in Public and Political Life

4.1.2 Effective Participation in Public and Political Life

Copenhagen 1990

The participating States note the efforts undertaken to protect and create conditions for the pro- motion of the ethnic, cultural, linguistic and religious identity of certain national minorities by establishing, as one of the possible means to achieve these aims, appropriate local or autonomous administrations corresponding to the specific historical and territorial circumstances of such minorities and in accordance with the policies of the State concerned.

Geneva 1991

III.

Respecting the right of persons belonging to national minorities to effective participation in pub- lic affairs, the participating States consider that when issues relating to the situation of national minorities are discussed within their countries, they themselves should have the effective opportu- nity to be involved, in accordance with the decision-making procedures of each State. They further consider that appropriate democratic participation of persons belonging to national minorities or their representatives in decision-making or consultative bodies constitutes an important element of effective participation in public affairs.

They consider that special efforts must be made to resolve specific problems in a constructive man- ner and through dialogue by means of negotiations and consultations with a view to improving the situation of persons belonging to national minorities. They recognize that the promotion of dialogue between States, and between States and persons belonging to national minorities, will be most successful when there is a free flow of information and ideas between all parties (…)

IV. 4 The participating States will create conditions for persons belonging to national minorities to have equal opportunity to be effectively involved in the public life, economic activities, and building of their societies. (…)

179 4.1.3 Cultural, Linguistic and Religious Identity, and Education

• self-administration by a national minority of aspects concerning its identity in situations where autonomy on a territorial basis does not apply; • decentralized or local forms of government; (…)

The participating States are of the view that these or other approaches, individually or in com- bination, could be helpful in improving the situation of national minorities on their territories.

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States (…)

(24) Will intensify in this context their efforts to ensure the free exercise by persons belonging to national minorities, individually or in community with others, of their human rights and funda- mental freedoms, including the right to participate fully, in accordance with the democratic deci- sion-making procedures of each State, in the political, economic, social and cultural life of their countries including through democratic participation in decision-making and consultative bodies at the national, regional and local level, inter alia, through political parties and associations (…)

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

10. Ensures the advancement of the implementation of the OSCE commitments on national minori- ties, and recognizes the importance of the recommendations of the High Commissioner on National Minorities on (…) public participation (…)

4.1.3 Cultural, Linguistic and Religious Identity, and Education

Helsinki 1975 (Co-operation in Humanitarian and Other Fields)

(…) The participating States, recognizing the contribution that national minorities or regional cul- tures can make to co-operation among them in various fields of culture/education, intend, when such minorities or cultures exist within their territory, to facilitate this contribution, taking into account the legitimate interests of their members.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(19) [The participating States] will protect and create conditions for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities on their territory. (…)

180 4.1.3 Cultural, Linguistic and Religious Identity, and Education

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(45) [The participating States] will ensure in practice that persons belonging to national minori- ties or regional cultures on their territories can disseminate, have access to, and exchange infor- mation in their mother tongue. (…)

(59) [The participating States] will ensure that persons belonging to national minorities or regional cultures on their territories can maintain and develop their own culture in all its aspects, includ- ing language, literature and religion; and that they can preserve their cultural and historical mon- uments and objects. (…)

(68) [The participating States] will ensure that persons belonging to national minorities or regional cultures on their territories can give and receive instruction on their own culture, including instruc- tion through parental transmission of language, religion and cultural identity to their children.

Copenhagen 1990

(32) (…) Persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity and to maintain and develop their culture in all its aspects, free of any attempts at assimilation against their will. In particular, they have the right (32.1) to use freely their mother tongue in private as well as in public; (32.2) to establish and maintain their own educational, cultural and religious institutions, organi- zations or associations, which can seek voluntary financial and other contributions as well as pub- lic assistance, in conformity with national legislation; (…) (32.3) to profess and practise their religion, including the acquisition, possession and use of reli- gious materials, and to conduct religious educational activities in their mother tongue; (…) 4 (33) The participating States will protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity. They will take the necessary measures to that effect after due consultations, including contacts with organizations or associations of such minorities, in accordance with the decision-making procedures of each State.

Any such measures will be in conformity with the principles of equality and non-discrimination with respect to the other citizens of the participating State concerned.

(34) The participating States will endeavour to ensure that persons belonging to national minori- ties, notwithstanding the need to learn the official language or languages of the State concerned, have adequate opportunities for instruction of their mother tongue or in their mother tongue, as well as, wherever possible and necessary, for its use before public authorities, in conformity with applicable national legislation.

181 4.1.3 Cultural, Linguistic and Religious Identity, and Education

In the context of the teaching of history and culture in educational establishments, they will also take account of the history and culture of national minorities.

Paris 1990 (A New Era of Democracy, Peace and Unity)

We affirm that the ethnic, cultural, linguistic and religious identity of national minorities will be protected and that persons belonging to national minorities have the right freely to express, pre- serve and develop that identity without any discrimination and in full equality before the law. (…)

Determined to foster the rich contribution of national minorities to the life of our societies, we undertake further to improve their situation. We reaffirm our deep conviction that friendly rela- tions among our peoples, as well as peace, justice, stability and democracy, require that the eth- nic, cultural, linguistic and religious identity of national minorities be protected and conditions for the promotion of that identity be created (…)

Geneva 1991 (IV)

The participating States are convinced that the preservation of the values and of the cultural herit- age of national minorities requires the involvement of persons belonging to such minorities and that tolerance and respect for different cultures are of paramount importance in this regard. Accord- ingly, they confirm the importance of refraining from hindering the production of cultural mate- rials concerning national minorities, including by persons belonging to them.

Aware of the diversity and varying constitutional systems among them, which make no single approach necessarily generally applicable, the participating States note with interest that positive results have been obtained by some of them in an appropriate democratic manner by, inter alia: • advisory and decision-making bodies in which minorities are represented, in particular with regard to education, culture and religion; (…) • self-administration by a national minority of aspects concerning its identity in situations where autonomy on a territorial basis does not apply; (…) • for persons belonging to national minorities, provision of adequate types and levels of educa- tion in their mother tongue with due regard to the number, geographic settlement patterns and cultural traditions of national minorities;

182 4.1.3 Cultural, Linguistic and Religious Identity, and Education

• funding the teaching of minority languages to the general public, as well as the inclusion of minority languages in teacher-training institutions, in particular in regions inhabited by per- sons belonging to national minorities; • in cases where instruction in a particular subject is not provided in their territory in the minor- ity language at all levels, taking the necessary measures to find means of recognizing diplomas issued abroad for a course of study completed in that language; (…) • provision of financial and technical assistance to persons belonging to national minorities who so wish to exercise their right to establish and maintain their own educational, cultural and reli- gious institutions, organizations and associations; (…)

The participating States are of the view that these or other approaches, individually or in com- bination, could be helpful in improving the situation of national minorities on their territories.

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States (…)

Istanbul 1999 (Summit Declaration)

30. We reaffirm our commitment to ensure that laws and policies fully respect the rights of per- sons belonging to national minorities, in particular in relation to issues affecting cultural iden- tity. Specifically, we emphasize the requirement that laws and policies regarding the educational, linguistic and participatory rights of persons belonging to national minorities conform to appli- cable international standards and conventions (…) 4 Istanbul 1999 (Charter for European Security: III. Our Common Response)

19. (…) Various concepts of autonomy as well as other approaches …which are in line with OSCE principles, constitute ways to preserve and promote the ethnic, cultural, linguistic and religious identity of national minorities within an existing State (…)

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council,

10. Ensures the advancement of the implementation of the OSCE commitments on national minorities, and recognizes the importance of the recommendations of the High Commissioner on National Minorities on education (…) and language, including on its use in broadcast media, and the relevant recommendations of the Representative on Freedom of the Media in this regard;

183 4.1.4 Human Contacts, Free Media and Information

4.1.4 Human Contacts, Free Media and Information

Vienna 1989 (Co-operation in Humanitarian and Other Fields)

(31) [The participating States] will ensure that the status of persons belonging to national minori- ties or regional cultures on their territories is equal to that of other citizens with regard to human contacts under the Final Act and the other aforementioned CSCE documents and that these per- sons can establish and maintain such contacts through travel and other means of communica- tion, including contacts with citizens of other States with whom they share a common national origin or cultural heritage. (…)

Copenhagen 1990

(32) (…) Persons belonging to a national minority (…) have the right (…) (32.4) – to establish and maintain unimpeded contacts among themselves within their country as well as contacts across frontiers with citizens of other States with whom they share a common ethnic or national origin, cultural heritage or religious beliefs; (…)

Geneva 1991

IV.

The participating States are of the view that these or other approaches, individually or in com- bination, could be helpful in improving the situation of national minorities on their territories. (…)

184 4.1.5 Role of Organizations and Associations

VII. Convinced that the protection of the rights of persons belonging to national minorities necessitates free flow of information and exchange of ideas, the participating States emphasize the importance of communication between persons belonging to national minorities without interference by pub- lic authorities and regardless of frontiers. The exercise of such rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards. They reaf- firm that no one belonging to a national minority, simply by virtue of belonging to such a minor- ity, will be subject to penal or administrative sanctions for having had contacts within or outside his/her own country.

In access to the media, they will not discriminate against anyone based on ethnic, cultural, lin- guistic or religious grounds. They will make information available that will assist the electronic mass media in taking into account, in their programmes, the ethnic, cultural, linguistic and reli- gious identity of national minorities.

They reaffirm that establishment and maintenance of unimpeded contacts among persons belong- ing to a national minority, as well as contacts across frontiers by persons belonging to a national minority with persons with whom they share a common ethnic or national origin, cultural heritage or religious belief, contributes to mutual understanding and promotes good-neighbourly relations.

They therefore encourage transfrontier co-operation arrangements on a national, regional and local level, inter alia, on local border crossings, the preservation of and visits to cultural and his- torical monuments and sites, tourism, the improvement of traffic, the economy, youth exchange, the protection of the environment and the establishment of regional commissions.

They will also encourage the creation of informal working arrangements (e.g. workshops, commit- tees both within and between the participating States) where national minorities live, to discuss issues of, exchange experience on, and present proposals on, issues related to national minorities.

With a view to improving their information about the actual situation of national minorities, the participating States will, on a voluntary basis distribute, through the CSCE Secretariat, informa- tion to other participating States about the situation of national minorities in their respective ter- ritories, as well as statements of national policy in that respect.

The participating States will deposit with the CSCE Secretariat copies of the contributions made in 4 the Plenary of the CSCE Meeting of Experts on National Minorities which they wish to be avail- able to the public.

4.1.5 Role of Organizations and Associations

Copenhagen 1990

(30) (…) [The participating States] also recognize the important role of non-governmental organi- zations, including political parties, trade unions, human rights organizations and religious groups, in the promotion of tolerance, cultural diversity and the resolution of questions relating to national minorities. (…)

Persons belonging to national minorities (…) have the right

185 4.1.5 Role of Organizations and Associations

(32.2) to establish and maintain their own educational, cultural and religious institutions, organi- zations or associations, which can seek voluntary financial and other contributions as well as pub- lic assistance, in conformity with national legislation; (…) (32.6) to establish and maintain organizations or associations within their country and to partic- ipate in international non-governmental organizations.

Geneva 1991

IV.

The participating States are of the view that these or other approaches (…) could be helpful in improving the situation of national minorities on their territories.

The participating States respect the right of persons belonging to national minorities to exercise and enjoy their rights alone or in community with others, to establish and maintain organiza- tions and associations within their country, and to participate in international non-governmen- tal organizations.

The participating States reaffirm, and will not hinder the exercise of, the right of persons belong- ing to national minorities to establish and maintain their own educational, cultural and religious institutions, organizations and associations.

In this regard, they recognize the major and vital role that individuals, nongovernmental organi- zations, and religious and other groups play in fostering crosscultural understanding and improv- ing relations at all levels of society, as well as across international frontiers.

They believe that the first-hand observations and experience of such organizations, groups, and individuals can be of great value in promoting the implementation of CSCE commitments relat- ing to persons belonging to national minorities. They therefore will encourage and not hinder the work of such organizations, groups and individuals and welcome their contributions in this area.

186 4.1.6 Protection against Hate-Related Crime

4.1.6 Protection against Hate-Related Crime

Geneva 1991

Further, the participating States will take effective measures, including the adoption, in con- formity with their constitutional law and their international obligations, if they have not already done so, of laws that would prohibit acts that constitute incitement to violence based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-semitism, and poli- cies to enforce such laws.

Moreover, in order to heighten public awareness of prejudice and hatred, to improve enforcement of laws against hate-related crime and otherwise to further efforts to address hatred and prejudice in society, they will make efforts to collect, publish on a regular basis, and make available to the public, data about crimes on their respective territories that are based on prejudice as to race, eth- nic identity or religion, including the guidelines used for the collection of such data. These data should not contain any personal information.

They will consult and exchange views and information at the international level, including at future meetings of the CSCE, on crimes that manifest evidence of prejudice and hate.

4.2 Roma and Sinti

See also: I. 2.3.4 A: The Office for Democratic Institutions and Human Rights (ODIHR) I. 2.3.4 A. III: ODIHR Contact Point for Roma and Sinti Issues II. 5: Commitments Related to Equality, Tolerance and Non-discrimination

4 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

Geneva 1991 (VI)

[The participating States] are ready to undertake effective measures in order to achieve full equal- ity of opportunity between persons belonging to Roma ordinarily resident in their State and the rest of the resident population. They will also encourage research and studies regarding Roma and the particular problems they face.

Budapest 1994 (Decisions: VIII. The Human Dimension)

23. The participating States decide to appoint within the ODIHR a contact point for Roma and Sinti (Gypsies) issues (…)

187 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

Istanbul 1999 (Summit Declaration)

31. (…) We commit ourselves to ensure that laws and policies fully respect the rights of Roma and Sinti and, where necessary, to promote anti-discrimination legislation to this effect (…)

Istanbul 1999 (Charter for European Security: III. Our Common Response)

20. We recognize the particular difficulties faced by Roma and Sinti and the need to undertake effective measures in order to achieve full equality of opportunity, consistent with OSCE com- mitments, for persons belonging to Roma and Sinti. We will reinforce our efforts to ensure that Roma and Sinti are able to play a full and equal part in our societies, and to eradicate discrimi- nation against them.

Maastricht 2003 (Decision No. 3/03 on the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

The Ministerial Council, (…)

Recognizing the particular difficulties faced by Roma and Sinti people and the need to undertake effective measures in order to eradicate discrimination against them and to bring about equality of opportunities, consistent with OSCE commitments,

Recognizing that progress has been achieved in national legislation and in programmes for action and that substantial efforts have been undertaken by the participating States to this end,

Aware at the same time that resolute action is still required to improve the situation of the Roma and Sinti population across the OSCE region, (…)

Convinced that Roma and Sinti populations should have an ever-increasing degree of ownership of the policies focusing on them,

Decides to endorse the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, adopted by the Permanent Council in its Decision No. 566 on 27 November 2003, and annexed to this Decision.

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

II. General context: for Roma, with Roma

4. Each national policy or implementation strategy should: (1) respond to the real problems, needs and priorities of Roma and Sinti communities; (2) be comprehensive; (3) introduce a balanced and sustainable approach to combining human rights goals with social policies; and (4) maximize Roma

188 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

ownership of the policies that affect them. (…) Implementation strategies should also include mech- anisms to ensure that national policies are implemented at the local level.

5. The guiding principle in the efforts of participating States and relevant OSCE institutions should be that each policy and implementation strategy should be elaborated and implemented with the active participation of Roma and Sinti communities. Roma and Sinti people should work along- side local, national and international authorities in the development of these strategies. Equally, Roma communities should be equal partners and should share the responsibility for the better- ment of their welfare.

6. The particular situation of Roma and Sinti women should be taken into account in the design and implementation of all policies and programmes. Where consultative and other mechanisms exist to facilitate Roma and Sinti people’s participation in such policy-making processes, women should be able to participate on an equal basis with men. Roma women’s issues should be system- atically mainstreamed in all relevant policies designed for the population as a whole.

III. Combating racism and discrimination

Legislation and law enforcement

Recommended action by participating States: (…)

8. Adopt and implement effective anti-discrimination legislation to combat racial and ethnic dis- crimination in all fields, including, inter alia, access to housing, citizenship and residence, educa- tion, employment, health and social services. Involve Roma and Sinti representatives in the design, implementation and evaluation processes.

9. The anti-discrimination legislation should ensure: • Prohibition of both direct and indirect racial discrimination; • Imposition of effective, proportionate and dissuasive sanctions for discriminatory acts or practices; (…) • Equal access to effective remedies (judicial, administrative, conciliation or mediation procedures). 4

10. It should be ensured that national legislation prohibits all kinds of discriminatory acts and that all cases of suspected discrimination are thoroughly and objectively investigated.

11. Create, where appropriate, specialized institutions to ensure the implementation of such leg- islation, as well as domestic mechanisms to monitor and report regularly and with transparency on the progress achieved in its implementation. Encourage participation of Roma and Sinti repre- sentatives in such bodies, whose work should be accessible to the public.

12. Develop, where necessary, comprehensive national strategies or action plans to improve the situation of Roma and Sinti people, which include specific measures to tackle discrimination in all fields of life.

189 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

13. Assess on a regular basis, especially at the local level, the results of these strategies and involve Roma and Sinti communities in the evaluation process. (…)

15. Document, consistent with national and international standards on the protection of data, all types and relevant cases of discrimination in order to better assess the situation and respond to the needs of Roma and Sinti people. (…)

17. Ensure no impunity for perpetrators of discriminatory …acts, inter alia, by taking prompt and effective investigative and punitive action on the part of the police.

18. Facilitate access to justice for Roma and Sinti people through measures such as legal aid and the provision of information in the Romani language.

19. Take into account in all measures and programmes, the situation of Roma and Sinti women, who are often victims of discrimination on the basis of both ethnicity and sex. (…)

Mass Media

Recommended action by participating States:

37. In order to foster freedom of expression, encourage training of Roma and Sinti journalists and their employment in media outlets with a view to facilitating wider access to the media for Roma and Sinti people.

IX. The ODIHR Contact Point for Roma and Sinti Issues (…)

136. With a view to facilitating the implementation review process, OSCE participating States are encouraged to provide information on recent developments in the situation of Roma and Sinti peo- ple and/or measures inspired by this Action Plan at the Human Dimension Implementation Meet- ings, prior to Review Conferences and to the Permanent Council, where appropriate.

137. All relevant OSCE institutions and structures, including OSCE field operations, will continue to interact closely with participating States in order to assist them in implementing the Action Plan.

Helsinki 2008 (Decision No. 6/08 on Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

The Ministerial Council, (…)

Determined to enhance OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, (…)

190 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

4. Encourages the participating States to take into consideration Roma and Sinti issues when reviewing their legislation and policies affecting Roma and Sinti, especially in the priority areas of the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area;

5. Calls for appropriate national authorities relevant to the situation of Roma and Sinti, such as those relating to minorities, access to health services, education, housing, antidiscrimination work, police and media, to enhance their efforts to ensure the implementation of OSCE commitments within national legislation on equality and nondiscrimination. In this context, special attention should be paid to the situation of Roma women and girls;

6. Encourages the participating States who have not yet done so to put in place institutional frame- works involving Roma and relevant governmental bodies, at appropriate levels in order to facilitate the implementation of policies and programmes aimed at improving the situation of Roma and Sinti;

7. Encourages participating States to reinforce their efforts to actively engage Roma and Sinti com- munities in policy making concerning Roma and Sinti (…);

8. Calls for continued coordination and cooperation within existing resources within the OSCE and with relevant international actors such as the Council of Europe and the European Union when appropriate; (…)

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration)

The Ministerial Council,

Reaffirming the OSCE commitments regarding Roma and Sinti, including those in the 2003 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,

Recognizing that some efforts have been undertaken by the participating States to this end,

Noting that limited progress had been made in closing the significant gaps that remain between Roma and Sinti people and wider societies in several areas, 4 Taking note of the ODIHR’s 2008 Status Report on the Implementation of the Action Plan on Improving the Situation of the Roma and Sinti in the OSCE Area,

Emphasizing that resolute action is required to improve the situation of Roma and Sinti across the OSCE region,

Convinced that the participating States should seek to maximize Roma and Sinti ownership of the policies that affect them, and that Roma and Sinti communities should be partners and share responsibility for implementing those policies designed to promote their integration,

Recognizing the particular difficulties faced by Roma and Sinti and the need to take effective meas- ures in order to eradicate discrimination against them and ensure their sustainable integration consistent with OSCE commitments,

191 4.2.1 Protection of Human Rights and Fundamental Freedoms, Including Equality of Opportunity and Non-discrimination

Concerned that Roma and Sinti belong to communities that continue to be affected by racism and discrimination and that prejudice and violent manifestations of intolerance against Roma and Sinti have increased,

Noting that in times of global economic downturn, Roma and Sinti belong to those that are espe- cially vulnerable to becoming subject to irrational hostility and societal blame,

Aware that manifestations of intolerance against Roma and Sinti may not only result in increased exclusion and marginalization but might also endanger the social cohesion and peaceful coexist- ence in the wider society, (…)

Stressing the importance of relevant OSCE institutions and structures in fulfilling their mandates by supporting the implementation of the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, and of effective co-ordination and co-operation within the OSCE to this end,

1. Calls upon the participating States to enhance their efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area and advance the process of sus- tainable integration of Roma and Sinti;

2. Calls upon the participating States to continue to supply information to the ODIHR on pro- gress made on the Implementation of the Action Plan on Improving the Situation of the Roma and Sinti in the OSCE Area; (…)

4. Calls upon the participating States to enhance, in an appropriate way, the participation of Roma and Sinti in the design, implementation and evaluation of the policies that affect them, as well as to promote dialogue between Roma and Sinti people and the wider society in order to raise aware- ness of the role that intolerance and discrimination can play in threatening social cohesion, sta- bility and security;

5. Calls upon the participating States, in co-operation with Roma and Sinti, to identify and exam- ine the challenges of Roma and Sinti migration relevant to their sustainable integration within the OSCE area;

192 4.2.2 Effective Participation in Public and Political Life

Kyiv 2013, (Decision No. 4/13 Enhancing OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, with a Particular Focus on Roma and Sinti Women, Youth and Children)

Reaffirming the OSCE commitments regarding Roma and Sinti, (…)

Recognizing that various efforts such as the development and implementation of national action plans and strategies as well as creation of specific programmes and policies aiming at improve- ment of situation of Roma and Sinti have been undertaken in the OSCE area and the implemen- tation of these initiatives at the local level is essential for their fulfilment, (…)

Concerned that Roma and Sinti continue to be the targets of racism and bias-motivated violence in the OSCE area,

Calls on participating States to:

1. Enhance their efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, including through better monitoring and assessment of the strate- gies, policies and measures regarding Roma and Sinti integration;

Calls for continued co-ordination within the OSCE and co-operation with relevant international actors with the goal of enhancing OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE area;

Encourages the OSCE PA to continue its efforts aimed at improving the situation of Roma and Sinti in the OSCE area. (…)

5. Encourage the relevant OSCE executive structures to enhance their activities meant to build the capacities of Roma and Sinti women and youth organizations, with a view to promoting empow- erment, education and non-discrimination among Roma and Sinti women and youth, and to encourage the participation of Roma and Sinti women on an equal footing with men in all areas of their interest; 4 Calls for continued co-ordination within the OSCE and co-operation with relevant international actors with the goal of enhancing OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE area;

Encourages the OSCE PA to continue its efforts aimed at improving the situation of Roma and Sinti in the OSCE area.

4.2.2 Effective Participation in Public and Political Life

Helsinki 1992 (Decisions: VI. The Human Dimension)

[The participating States]

(35) Reaffirm (…) the need to develop appropriate programmes addressing problems of their respec- tive nationals belonging to Roma and other groups traditionally identified as Gypsies and to create

193 4.2.2 Effective Participation in Public and Political Life

conditions for them to have equal opportunities to participate fully in the life of society, and will consider how to co-operate to this end.

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

VI. Enhancing participation in public and political life

Recommended action by participating States:

87. Participating States must be proactive in ensuring that Roma and Sinti people, like any other inhabitants, have all the necessary documents, including birth certificates, identity documents and health insurance certificates. In resolving problems related to the lack of basic documents, partici- pating States are strongly advised to work in partnership with Roma and Sinti civil organizations.

88. Participating States are encouraged to take into account the following basic conditions for ensuring effective participation by Roma and Sinti people in public and political life: • Early involvement: Any initiative relating to Roma and Sinti people should involve them at the earliest stages in the development, implementation and evaluation phases; • Inclusiveness: Roma and Sinti people should be included in formal consultative processes, and the effective- ness of mechanisms established for their participation in shaping major policy initiatives should be ensured by involving them in a broadly representative process; • Transparency: Programmes and proposals should be circulated sufficiently in advance of decision-making dead- lines to allow for meaningful analysis and input from representatives of Roma and Sinti com- munities; • Meaningful participation by Roma and Sinti people at all levels of government: Participation by Roma and Sinti people in local government is essential for the effective imple- mentation of policies affecting them; • Ownership: Roma and Sinti people play an essential and irreplaceable role in ensuring that the right to par- ticipate in the political process is observed in practice.

89. Elected officials should establish close working relations with Roma and Sinti communities.

90. Establish mechanisms to ensure equal, direct and open communication between Roma and Sinti representatives and government authorities, including advisory and consultative bodies.

91. Facilitate interaction between political leaders at the local and national levels and diverse Roma groups.

92. Organize election-awareness campaigns so as to increase participation of the Roma elector- ate in elections.

93. Ensure that Roma voters can make free and informed choices in elections.

194 4.2.2 Effective Participation in Public and Political Life

94. Take measures to guarantee the equal voting rights of women, including by enforcing prohi- bitions on so-called “family voting”.

95. Encourage Roma and Sinti people to engage more actively in public service, including, where necessary, through the introduction of special measures to promote their participation in the civil service.

96. Encourage the representation of Roma and Sinti people in elected and appointed office at all levels of government.

97. Empower and integrate Roma and Sinti individuals into decision-making processes of States and localities as elected representatives of their communities and as citizens of their respective countries.

98. Promote Roma women’s participation in public and political life; Roma women should be able to participate on an equal basis with men in consultative and other mechanisms designed to increase access to all areas of public and political life.

Helsinki 2008 (Decision No. 6/08 on Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

The Ministerial Council, (…)

Determined to enhance OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, (…)

7. Encourages participating States to reinforce their efforts to actively engage Roma and Sinti com- munities in policy making concerning Roma and Sinti and to promote effective participation by Roma and Sinti in public and political life; (…)

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti 4 Sustainable Integration)

The Ministerial Council, (…)

195 4.2.2 Effective Participation in Public and Political Life

awareness of the role that intolerance and discrimination can play in threatening social cohesion, stability and security; (…)

Kyiv 2013 (Decision No. 4/13 Enhancing OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, with a Particular Focus on Roma and Sinti Women, Youth and Children)

(…)

Recognizing that education is key to opening up greater opportunities for equal participation in the social, political, economic and cultural life for Roma and Sinti, including Roma and Sinti women, youth and children, in particular girls, to exercise their rights and to promote their full inclusion,

Convinced that the participating States should seek to provide Roma and Sinti with opportunities to contribute to the policies that affect them and that Roma and Sinti should be partners and share responsibility for implementing those policies designed to promote and facilitate their integration,

Recognizing that Roma and Sinti women’s rights and equality between men and women, in particu- lar, need to be supported and promoted by State policies and institutions, with the active involve- ment of Roma and Sinti women, (…)

2.7 Enhancing the participation of Roma and Sinti in the elaboration, implementation and evalu- ation of the policies that affect them, including by fostering Roma and Sinti political participation and by supporting voter education among Roma and Sinti; (…)

2.11 Taking necessary measures to increase Roma and Sinti active participation and ownership to promote their social inclusion; (…)

4. Take active measures to support the empowerment of Roma and Sinti women, including by:

4.1 Stepping up their efforts to ensure that Roma and Sinti women can enjoy and exercise their human rights and increasing efforts to combat discrimination against them at all levels, including, where necessary, in the areas of education, employment, health care and housing, and engaging in partnership with Roma and Sinti civil society organizations and Roma and Sinti people to this end;

4.2 Promoting the effective and equal participation of Roma and Sinti women in public and polit- ical life, including through the promotion of women’s access to public office, public administra- tion and decision making positions;

4.3 Encouraging equal access for Roma and Sinti women to employment, internships and men- toring opportunities; (…)

196 4.2.3 Access to Education

4.2.3 Access to Education

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

V. Improving access to education

Education is a prerequisite to the participation of Roma and Sinti people in the political, social and economic life of their respective countries on a footing of equality with others. Strong imme- diate measures in this field, particularly those that foster school attendance and combat illiteracy, should be assigned the highest priority both by decision-makers and by Roma and Sinti communi- ties. Educational policies should aim to integrate Roma and Sinti people into mainstream education by providing full and equal access at all levels, while remaining sensitive to cultural differences.

Recommended action by participating States:

67. Ensure that national legislation includes adequate provisions banning racial segregation and discrimination in education and provides effective remedies for violations of such legislation.

68. Consult Roma and Sinti representatives when designing educational policies affecting them.

69. Actively promote equal opportunities in the field of education for Roma and Sinti children, particularly by providing them with language-related or other assistance.

70. Take special measures to enhance the quality and effectiveness of education for Roma and Sinti children. Encourage increased representation of Roma and Sinti people among school teachers.

71. Include Roma history and culture in educational texts, with particular consideration given to the experience of Roma and Sinti people during the Holocaust.

72. Consider measures to ensure the respect, protection and promotion of the Romani language and its teaching, and of Roma culture as an integral part of the Roma and Sinti cultural heritage.

73. Develop and implement comprehensive school desegregation programmes aiming at: (1) dis- 4 continuing the practice of systematically routing Roma children to special schools or classes (e.g., schools for mentally disabled persons, schools and classes exclusively designed for Roma and Sinti children); and (2) transferring Roma children from special schools to mainstream schools.

74. Allocate financial resources for the transfer of the Roma children to mainstream education and for the development of school support programmes to ease the transition to mainstream education.

75. Facilitate Roma children’s access to mainstream education by taking measures such as: (a) Taking measures to eradicate manifestations of prejudice against Roma and Sinti people in schools; (b) Training of educators regarding multicultural education and ways of dealing with ethnically mixed classes; (c) Developing strategies to gain wider community support for the desegregation of schools; (d) Providing support to bridge the gap between Roma and Sinti children and other pupils, including through pre-school programmes designed to prepare Roma and Sinti children for primary school;

197 4.2.3 Access to Education

(e) Providing support to increase the number of mediators/trainers and teachers from within the Roma communities.

76. Develop and implement anti-racist curricula for schools, and anti-racism campaigns for the media.

77. Develop policies that address the full range of factors which contribute to low-school attend- ance by Roma and Sinti children. This includes, inter alia, ensuring that Roma and Sinti families have the necessary documentation for registration as any other inhabitants.

78. Consider elaborating social support programmes for low-income Roma families with school- aged children.

79. Promote regular school attendance by Roma and Sinti children, inter alia, through the involve- ment of family and social mediators, the promotion of awareness by Roma and Sinti parents and elders of their responsibility to facilitate children’s school attendance and, in particular, equal access to education for girls.

80. Pay special attention to providing Roma and Sinti girls with equal opportunities for educational and social inclusion and develop programmes to counter their particularly high drop-out rate.

81. Consider developing appropriate programmes for those who have not completed primary school or are illiterate.

82. Develop, where necessary, scholarship programmes for Roma students and encourage their increased participation in existing scholarship programmes.

83. Encourage computer literacy among Roma and Sinti people through the setting up of infor- mation web-sites.

84. Evaluate periodically the effectiveness of educational policies.

Helsinki 2008 (Decision No. 6/08 on Enhancing OSCE Efforts to Implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

The Ministerial Council, (…)

Determined to enhance OSCE efforts to implement the Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area,

1. Urges the participating States to provide for equal access to education and to promote early education for Roma and Sinti children, as an instrument for preventing social exclusion and mar- ginalization and for effecting a longterm improvement in the situation of Roma and Sinti. In this context, underlines that educational policies should aim to integrate Roma and Sinti people into mainstream education;

198 4.2.3 Access to Education

3. Calls on the participating States, in cooperation with Roma and Sinti people to step up their efforts in raising awareness among Roma and Sinti of the importance of school enrolment and continuous school attendance; (…)

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration)

The Ministerial Council, (…)

7. Encourages participating States to address early education for Roma and Sinti in a comprehen- sive manner, with special attention to ensuring equal access to education and integrating Roma and Sinti into mainstream education;

Considering that Roma and Sinti youth and children will in the future be the main stakeholders in promoting inclusion for Roma and Sinti people and communities, as well as promoting their full par- 4 ticipation in the social, civic, political, economic and cultural life of the societies in which they live,

Calls on participating States to:

3. Focus their efforts and the necessary resources on education as an important factor for improv- ing the situation of Roma and Sinti and promoting their greater social and economic integration by means that could include:

3.1 Taking active measures to ensure equal access to and participation for Roma and Sinti youth and children in education at all levels in State-provided education, including at the early educa- tion, primary and secondary school levels;

3.2 Addressing the high dropout rate for Roma and Sinti secondary school students, and paying due attention to the specific problems faced by Roma and Sinti girls in that regard, while taking active measures to encourage participation of Roma and Sinti youth in higher levels of education;

199 4.2.4 Socio-economic Issues

3.3 Promoting greater access and taking appropriate measures to facilitate enrolment for Roma and Sinti students in tertiary education, including through scholarship programmes;

3.4 Promoting development of Roma and Sinti integration programmes at the national and local levels, including education programmes and supplementary study courses, inter alia on Roma and Sinti culture and history;

3.5 Renewing efforts to eliminate segregation of Roma and Sinti in education at all levels; (…)

4.4 Targeting specific measures, where appropriate, aimed at promoting equal access to and participation in education for Roma and Sinti girls at all levels;

4.2.4 Socio-economic Issues

Istanbul 1999 (Summit Declaration)

31. (…) We underline the importance of careful attention to the problems of the social exclusion of Roma and Sinti. These issues are primarily a responsibility of the participating States concerned.

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

Housing and living conditions

Recommended action by participating States:

43. Put in place mechanisms and institutional procedures to clarify property rights, resolve ques- tions of ownership and regularize the legal status of Roma and Sinti people living in circumstances of unsettled legality (e.g., Roma neighbourhoods lacking land rights or which are not included in the urban plans of the main locality; families and houses without legal residence status in settle- ments where the people have been living de facto for decades).

44. Involve Roma and Sinti people in the design of housing policies, as well as in the construction, rehabilitation and/or maintenance of public housing projects meant to benefit them. Ensure that housing projects do not foster ethnic and/or racial segregation.

45. Consider the possibility of guaranteeing loans to participating States that may be available from international organizations and financial institutions for low-income housing projects.

46. Promote the option of co-operative housing schemes for Roma communities and provide appro- priate training for the maintenance of such facilities.

Unemployment and economic problems

Recommended action by participating States:

48. Promote increased representation of qualified Roma and Sinti people in public employment.

200 4.2.4 Socio-economic Issues

49. Develop training programmes to prepare under-represented groups such as Roma and Sinti for employment in local public administration and other areas, and develop policies to encourage employment of the graduates of these programmes as civil servants.

50. Reassess the impact of subsidized employment programmes, paying particular attention to their educational components, to ensure that these will aim to increase the competitiveness of Roma and Sinti people on the labour market.

51. Develop policies and programmes, including vocational training, to improve the marketable skills and employability of Roma and Sinti people, particularly young people and women.

52. Adopt social policies that strengthen incentives to seek employment, as a sustainable way to avoid dependency on social benefits.

Health care

Recommended action by participating States:

58. Ensure that Roma and Sinti people have access to health care services on a non-discrimina- tory basis.

59. Promote awareness about the specific needs of the Roma and Sinti population amongst health care personnel.

60. Address the high incidence of disease and malnutrition among Roma communities.

61. Encourage access by Roma and Sinti populations to general public health services at an early stage by: (a) Informing Roma and Sinti people about the availability of such services and telling them how to take advantage of them; (b) Strengthening the confidence of Roma and Sinti people towards public health care providers, including through: punishing incidents of direct or indirect discrimination experienced by Roma and Sinti; training health care workers to understand relevant aspects of Roma culture; and sup- porting mediators who can play an important role in bridging the gap between Roma communi- 4 ties and public health care service providers.

62. Pay special attention to the health of women and girls, inter alia, by: (a) Promoting and/or developing programmes aimed at providing information on health care (including nutrition, neonatal care and domestic violence, etc.); (b) Improving access to gynaecological health care, including prenatal, delivery and postnatal health care services, inter alia, through the provision of information and training.

63. Pay special attention to the health of Roma and Sinti children through the provision of appropri- ate paediatric care, including preventive measures such as offering vaccinations in Roma settlements.

201 4.2.5 Racism and Discrimination

Considering that Roma and Sinti youth and children will in the future be the main stakeholders in promoting inclusion for Roma and Sinti people and communities, as well as promoting their full par- ticipation in the social, civic, political, economic and cultural life of the societies in which they live, (…)

4.2.5 Racism and Discrimination

A. Combating Racism and Stereotypes

Copenhagen 1990

(40) The participating States clearly and unequivocally condemn totalitarianism, racial and eth- nic hatred, anti-semitism, xenophobia and discrimination against anyone as well as persecution on religious and ideological grounds. In this context, they also recognize the particular problems of Roma (gypsies).

Geneva 1991 (VI)

Istanbul 1999 (Summit Declaration)

31. We deplore violence and other manifestations of racism and discrimination against minori- ties, including the Roma and Sinti (…)

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

Legislation and law enforcement

Recommended action by participating States:

202 4.2.5 Racism and Discrimination

7. Consider ratifying the relevant international treaties as soon as possible, if they have not already done so, inter alia, the International Convention on the Elimination of All Forms of Racial Dis- crimination. (…)

14. Endeavour, by encouraging a genuine dialogue or consultations or through other appropri- ate means, to improve the relations between Roma and Sinti people and other inhabitants, with a view to promoting tolerance and overcoming prejudices and negative stereotypes on both sides. (…)

Police

Recommended action by participating States:

26. Develop policies that promote awareness among law-enforcement institutions regarding the situation of Roma and Sinti people and that counter prejudice and negative stereotypes.

27. Develop training programmes to prevent excessive use of force and to promote awareness of and respect for human rights.

28. Develop policies: (1) to improve relations between Roma and Sinti communities and the police, so as to prevent police abuse and violence against Roma and Sinti people; and (2) to improve trust and confidence in the police among Roma and Sinti people. (…)

30. Assess the gap between international standards on police and currently existing national prac- tices in consultation with national police forces, NGOs and representatives of Roma and Sinti communities.

31. Elaborate, where appropriate, and in close partnership with international organizations and Roma NGOs, policy statements, codes of conduct, practical guidance manuals and training pro- grammes.

32. Encourage Roma and Sinti people to work in law-enforcement institutions as a sustainable 4 means of promoting tolerance and diversity.

Mass Media

Recommended action by participating States:

36. Launch information and awareness-raising campaigns with a view to countering prejudices and negative stereotypes of Roma and Sinti people. (…)

38. Encourage the media to show positive aspects and present a balanced portrayal of Roma life, refrain from stereotyping Roma and Sinti people and avoid inciting tension between various eth- nic groups. Organize round tables between media representatives and Roma and Sinti represent- atives to promote this objective.

203 4.2.5 Racism and Discrimination

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration)

The Ministerial Council, (…)

3. Urges the participating States to step up their efforts in promoting tolerance and combating prejudices against Roma and Sinti people in order to prevent their further marginalization and exclusion (…);

4. Calls upon the participating States to (…) promote dialogue between Roma and Sinti people and the wider society in order to raise awareness of the role that intolerance and discrimination can play in threatening social cohesion, stability and security; (…)

Noting (…) that Roma and Sinti women and girls are particularly vulnerable to multiple forms of discrimination, as well as to violence and harassment, (…)

Calls on participating States to: (…)

2. Prevent further marginalization and exclusion of Roma and Sinti and address the rise of dis- crimination and violent manifestations of intolerance against Roma and Sinti, including against Roma and Sinti migrants, by:

2.1 Enhancing their efforts to promote tolerance of and combating prejudices against Roma and Sinti;

2.2 Unequivocally and publicly condemning any violence targeting Roma and Sinti;

2.3 Countering negative stereotypes of Roma and Sinti in the media taking into account relevant OSCE freedom of the media commitments; (…)

2.8 Promoting inclusive dialogue within society in order to raise awareness of the role that intol- erance and discrimination against Roma and Sinti can play in threatening social cohesion, sta- bility and security;

204 4.2.5 Racism and Discrimination

2.9 Addressing the root causes of discrimination and intolerance against Roma and Sinti, includ- ing through enhanced comprehensive educational and awareness raising efforts to tackle preju- dice and promote mutual respect and understanding;

B. Protection against Hate-Related Crimes

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

Legislation and law enforcement

9. (…) anti-discrimination legislation should ensure: (…) • Imposition of heavier sentences for racially motivated crimes by both private individuals and public officials; • Equal access to effective remedies (judicial, administrative, conciliation or mediation procedures). (…)

16. Ensure the vigorous and effective investigation of acts of violence against Roma and Sinti peo- ple, especially where there are reasonable grounds to suspect that they were racially motivated, and prosecute those responsible in accordance with domestic law and consistent with relevant standards of human rights.

17. Ensure no impunity for perpetrators of (…) violent acts, inter alia, by taking prompt and effec- tive investigative and punitive action on the part of the police. 4 18. Facilitate access to justice for Roma and Sinti people through measures such as legal aid and the provision of information in the Romani language.

Police

Recommended action by participating States: (…)

27. Develop training programmes to prevent excessive use of force and to promote awareness of and respect for human rights.

205 4.2.5 Racism and Discrimination

29. Develop policies and procedures to ensure an effective police response to racially motivated violence against Roma and Sinti people.

31. Elaborate, where appropriate, and in close partnership with international organizations and Roma NGOs, policy statements, codes of conduct, practical guidance manuals and training pro- grammes.

Athens 2009 (Decision No. 8/09 on Enhancing OSCE Efforts to ensure Roma and Sinti Sustainable Integration)

The Ministerial Council, (…)

Noting that in times of global economic downturn, Roma and Sinti belong to those that are espe- cially vulnerable to becoming subject to irrational hostility and societal blame,

3. Urges the participating States to step up their efforts in promoting tolerance and combating prejudices against Roma and Sinti people in order to (…) address the rise of violent manifesta- tions of intolerance against Roma and Sinti as well as to unequivocally and publicly condemn any violence targeting Roma and Sinti, and to take all necessary measures to ensure access to effective remedies, in accordance with national judicial, administrative, mediation and conciliation proce- dures, as well as to secure co-ordination between responsible authorities at all levels in this regard; (…)

(…)

2.4 Enacting or strengthening, where necessary, legislation and policy measures to address dis- crimination and bias-motivated crime against Roma and Sinti;

2.5 Building the capacity of law enforcement agencies and personnel to identify, collect data, inves- tigate and prosecute hate crimes against Roma and Sinti;

206 4.2.6 Crisis and Post-Crisis Situations

2.6 Taking necessary measures to ensure access to effective remedies for victims of discrimina- tion and violent manifestations of intolerance against Roma and Sinti, through judicial, adminis- trative, mediation and conciliation procedures; (…)

2.10 Supporting civil society in their efforts to represent and provide assistance to Roma and Sinti victims of hate crimes and discrimination;

2.11 Taking necessary measures to increase Roma and Sinti active participation and ownership to promote their social inclusion;

2.12 Taking measures to ensure the security, well-being and health of Roma and Sinti women, youth and children, including by addressing domestic violence, early marriages and trafficking in human beings, including, where necessary, by providing access to rehabilitative support;

4.2.6 Crisis and Post-Crisis Situations

Maastricht 2003 (Annex to Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

VII. Roma and Sinti in crisis and post-crisis situations (…)

Recommended action by participating States:

107. Consult Roma and Sinti populations when defining crisis situations in order to facilitate ade- quate procedures and to identify specific geographical areas from which refugees and internally displaced persons flee, as well as to ensure that the specific situation of Roma and Sinti people are addressed.

108. Ensure that Roma and Sinti populations in a forced displacement situation (refugees and IDPs) are duly registered and provided with the relevant documents. 4 109. The participating States should ensure that programmes are in place to promote informed choice regarding the decision of Roma and Sinti refugees and IDPs concerning durable solutions to their situations, including the exercise of their right to safe, decent and sustainable return. Such programmes should provide concrete information regarding each subject of concern to refugees and IDPs and should be made available in the relevant languages.

110. Ensure that Roma and Sinti refugees are treated in accordance with the relevant international norms and standards of protection, and in a non-discriminatory manner.

111. Make use of the ODIHR’s role in conflict prevention and identification of areas of early inter- vention, and draw on the expertise of the OSCE HCNM in this regard.

112. Pay special attention to the needs of Roma and Sinti women and children in crisis and post-cri- sis situations, particularly by providing them with access to health care, housing and schooling.

207 4.3 Indigenous Populations

4.3 Indigenous Populations

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(29) Noting that persons belonging to indigenous populations may have special problems in exer- cising their rights, agree that their CSCE commitments regarding human rights and fundamental freedoms apply fully and without discrimination to such persons.

4.4 Refugees, Displaced Persons, Returnees and Stateless Persons

See also: II. 3.1.11: Freedom of Movement, Human Contacts and Family Reunification II. 3.1.13: Right to Nationality II. 4.2: Roma and Sinti II. 4.5: Migrant Workers II. 7: Commitments Related to International Humanitarian Law

Vienna 1989 (Questions Related to Security in Europe: Principles)

(22) [The participating States] (…) will allow all refugees who so desire to return in safety to their homes.

Helsinki 1992 (Summit Declaration)

14. In times of conflict the fulfilment of basic human needs is most at risk (…) We recognize that the refugee problems resulting from these conflicts require the co-operation of all of us. We express our support for and solidarity with those countries which bear the brunt of the refugee problems resulting from these conflicts. In this context we recognize the need for co-operation and concerted action.

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(39) Express their concern over the problem of refugees and displaced persons;

(40) Emphasize the importance of preventing situations that may result in mass flows of refugees and displaced persons and stress the need to identify and address the root causes of displacement and involuntary migration;

(41) Recognize the need for international co-operation in dealing with mass flows of refugees and displaced persons;

(42) Recognize that displacement is often a result of violations of CSCE commitments, including those relating to the Human Dimension;

208 4.4 Refugees, Displaced Persons, Returnees and Stateless Persons

(43) Reaffirm the importance of existing international standards and instruments related to the protection of and assistance to refugees and will consider acceding to the Convention relating to the Status of Refugees and the Protocol, if they have not already done so;

(44) Recognize the importance of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, as well as of non-governmental organizations involved in relief work, for the protection of and assistance to refugees and displaced persons;

(45) Welcome and support unilateral, bilateral and multilateral efforts to ensure protection of and assistance to refugees and displaced persons with the aim of finding durable solutions;

Stockholm 1992 (Decisions: 2. The CSCE as a Community of Values)

The increasing problem of refugees and displaced persons is an issue of major concern to all par- ticipating States, particularly in conflicts where the fulfilment of basic human needs is most at risk. The Ministers deplored the plight of civil populations most affected in such conflicts and called on all participating States to contribute to a concerted effort to share the common burden. All Gov- ernments are accountable to each other for their behaviour towards their citizens and towards their neighbours. Individuals are to be held personally accountable for war crimes and acts in violation of international humanitarian law.

Budapest 1994 (Decisions: VIII. The Human Dimension)

32. The participating States express their concern at mass migratory movements in the CSCE region, including millions of refugees and displaced persons, due mainly to war, armed conflict, civil strife and grave human rights violations (…) they decide to expand their co-operation with appropriate international bodies in this respect (…)

Lisbon 1996 (Summit Declaration)

9. (…) Among the acute problems within the human dimension, the continuing violations of human rights, such as involuntary migration (…) continue to endanger stability in the OSCE region. We are committed to continuing to address these problems. 4 10. Against the background of recent refugee tragedies in the OSCE region and taking into account the issue of forced migration, we again condemn and pledge to refrain from any policy of ‘ethnic cleansing’ or mass expulsion. Our States will facilitate the return, in safety and in dignity, of ref- ugees and internally displaced persons, according to international standards. Their reintegration into their places of origin must be pursued without discrimination (…)

Istanbul 1999 (Summit Declaration)

We are committed to facilitate the right of refugees to participate in elections held in their coun- tries of origin.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

209 4.4 Refugees, Displaced Persons, Returnees and Stateless Persons

to ensure that everyone can exercise this right. We also commit ourselves to further the interna- tional protection of stateless persons. (…)

22. We reject any policy of ethnic cleansing or mass expulsion. We reaffirm our commitment to respect the right to seek asylum and to ensure the international protection of refugees as set out in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facil- itate the voluntary return of refugees and internally displaced persons in dignity and safety. We will pursue without discrimination the reintegration of refugees and internally displaced persons in their places of origin. In order to enhance the protection of civilians in times of conflict, we will seek ways of reinforcing the application of international humanitarian law.

Bucharest 2001 (Annex to Decision 1 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

15. Addressing the issue of protracted displacement: Participating States/ODIHR/HCNM/Repre- sentative on Freedom of the Media: Will explore strengthened OSCE potential for contributing to durable solutions, supporting and closely co-operating with other relevant organizations, pri- marily the Office of the United Nations High Commissioner for Refugees. Will closely monitor situations of protracted displacement.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

12. Undertakes, in this context, to combat, subject to national legislation and international com- mitments, discrimination, where existing, against asylum seekers and refugees, and calls on the ODIHR to reinforce its activities in this respect;

13. Takes into account the UN Guiding Principles on Internal Displacement as a useful frame- work for the work of the OSCE and the endeavors of participating States in dealing with inter- nal displacement;

Sofia 2004 (Annex to Decision No. 14/04, 2004 OSCE Action Plan for the Promotion of Gender Equality)

As recommended in the Guidelines on International Protection on Gender-Related Persecution within the context of Article 1A (2) of the 1951 Convention relating to the Status of Refugees and/ or its 1967 Protocol relating to the Status of Refugees, introduce procedural practices, if States have not already done so, that ensure that proper consideration is given to women claimants in refugee status determination procedures and that the range of claims of gender-related persecu- tion are accorded due recognition;

210 4.4 Refugees, Displaced Persons, Returnees and Stateless Persons

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

Hamburg 2016 (Decision No. 3/16 on OSCE’s Role in the Governance of Large Movements of Migrants and Refugees).

The Ministerial Council,

Recognizing that the benefits and opportunities of safe, orderly and regular migration are substan- tial and often underestimated, whilst noting that irregular migration in large movements often pre- sents complex challenges, and recognizing the substantial economic and social contribution that migrants and refugees can make for inclusive growth and sustainable development,

Recognizing the leading role of the United Nations,

Commending efforts made since 2015 by the Serbian and German OSCE Chairmanships to address issues related to the governance of these movements more effectively in the OSCE,

Acknowledging the many specific activities linked to migration and refugees already undertaken by OSCE executive structures, within existing mandates, as well as by participating States, based on existing OSCE commitments, relevant United Nations documents and national policies,

Building on in-depth discussions conducted at the OSCE, especially during the hearings of the Informal Working Group Focusing on the Issue of Migration and Refugee Flows in spring 2016 and during a special meeting of the OSCE Permanent Council held on 20 July 2016, 4 1. Acknowledges the work of the Informal Working Group Focusing on the Issue of Migration and Refugee Flows and the output discussed at the special meeting of the OSCE Permanent Coun- cil of 20 July 2016;

2. Encourages the OSCE executive structures, within existing mandates and available resources, to continue their work on the issue of migration, including by reinforcing activities leading to the exchange of best practices and enhancing dialogue and co-operation with Partners for Co-op- eration, in a manner that complements the activities undertaken by other relevant international organizations and agencies;

3. Encourages participating States also to use the OSCE platform, including appropriate OSCE working bodies, to continue addressing migration-related issues where the OSCE has developed its expertise, and improve dialogue on migration-related matters with regard to developing pos- sible effective measures and common approaches to address them.

211 4.5 Migrant Workers

4.5 Migrant Workers

See also: II. 3.1.11: Freedom of Movement, Human Contacts and Family Reunification II. 3.2.2: Economic and Social Rights II. 4.2: Roma and Sinti II. 5.3: Combating Acts Motivated by Prejudice, Intolerance and Hatred

Helsinki 1975 (Co-operation in the Field of Economics, of Science and Technology and of the Environment)

The participating States,

Considering that the movements of migrant workers in Europe have reached substantial propor- tions, and that they constitute an important economic, social and human factor for host countries as well as for countries of origin,

Recognizing that workers’ migrations have also given rise to a number of economic, social, human and other problems in both the receiving countries and the countries of origin,

Taking due account of the activities of the competent international organizations, more particu- larly the International Labour Organisation, in this area, are of the opinion that the problems arising bilaterally from the migration of workers in Europe as well as between the participating States should be dealt with by the parties directly concerned, in order to resolve these problems in their mutual interest, in the light of the concern of each State involved to take due account of the requirements resulting from its socio-economic situation, having regard to the obligation of each State to comply with the bilateral and multilateral agreements to which it is party, and with the following aims in view: • to encourage the efforts of the countries of origin directed towards increasing the possibilities of employment for their nationals in their own territories, in particular by developing economic co-operation appropriate for this purpose and suitable for the host countries and the countries of origin concerned; • to ensure, through collaboration between the host country and the country of origin, the con- ditions under which the orderly movement of workers might take place, while at the same time protecting their personal and social welfare and, if appropriate, to organize the recruitment of migrant workers and the provision of elementary language and vocational training; • to ensure equality of rights between migrant workers and nationals of the host countries with regard to conditions of employment and work and to social security, and to endeavour to ensure that migrant workers may enjoy satisfactory living conditions, especially housing conditions; • to endeavour to ensure, as far as possible, that migrant workers may enjoy the same opportu- nities as nationals of the host countries of finding other suitable employment in the event of unemployment; • to regard with favour the provision of vocational training to migrant workers and, as far as pos- sible, free instruction in the language of the host country, in the framework of their employment; • to confirm the right of migrant workers to receive, as far as possible, regular information in their own language, covering both their country of origin and the host country; • to ensure that the children of migrant workers established in the host country have access to the education usually given there, under the same conditions as the children of that country

212 4.5 Migrant Workers

and, furthermore, to permit them to receive supplementary education in their own language, national culture, history and geography; • to bear in mind that migrant workers, particularly those who have acquired qualifications, can by returning to their countries after a certain period of time help to remedy any deficiency of skilled labour in their country of origin; • to facilitate, as far as possible, the reuniting of migrant workers with their families; • to regard with favour the efforts of the countries of origin to attract the savings of migrant work- ers, with a view to increasing, within the framework of their economic development, appropri- ate opportunities for employment, thereby facilitating the reintegration of these workers on their return home.

Madrid 1983 (Co-operation in the Field of Economics, of Science and Technology and of the Environment)

In the context of the provisions of the Final Act concerning migrant labour in Europe, the partic- ipating States note that recent developments in the world economy have affected the situation of migrant workers. In this connection, the participating States express their wish that host coun- tries and countries of origin, guided by a spirit of mutual interest and cooperation, intensify their contacts with a view to improving further the general situation of migrant workers and their fam- ilies, inter alia the protection of their human rights including their economic, social and cultural rights while taking particularly into account the special problems of second generation migrants. They will also endeavour to provide or promote, where reasonable demand exists, adequate teach- ing of the language and culture of the countries of origin.

The participating States recommend that, among other measures for facilitating the social and eco- nomic reintegration of returning migrant labour, the payment of pensions as acquired or established under the social security system to which such workers have been admitted in the host country should be ensured by appropriate legislative means or reciprocal agreements.

Vienna 1989 (Co-operation in the Field of Economics, of Science and Technology and of the Environment)

(40) The participating States emphasize the need for effective implementation of the provisions of 4 the Final Act and the Madrid Concluding Document relating to migrant workers and their fami- lies in Europe. They invite host countries and countries of origin to make efforts to improve further the economic, social, cultural and other conditions of life for migrant workers and their families legally residing in the host countries. They recommend that host countries and countries of origin should promote their bilateral co-operation in relevant fields with a view to facilitating the reinte- gration of migrant workers and their families returning to their country of origin.

(41) The participating States will (…) consider favourably applications for family reunification as well as family contacts and visits involving migrant workers from other participating States legally residing in the host countries.

(42) The participating States will ensure that migrant workers from other participating States, and their families, can freely enjoy and maintain their national culture and have access to the culture of the host country.

213 4.5 Migrant Workers

(43) Aiming at ensuring effective equality of opportunity between the children of migrant workers and the children of their own nationals regarding access to all forms and levels of education, the participating States affirm their readiness to take measures needed for the better use and improve- ment of educational opportunities. Furthermore, they will encourage or facilitate, where reasonable demand exists, supplementary teaching in their mother tongue for the children of migrant workers.

(44) The participating States recognize that issues of migrant workers have their human dimension.

Copenhagen 1990

(22) The participating States reaffirm that the protection and promotion of the rights of migrant workers have their human dimension. In this context, they (22.1) agree that the protection and promotion of the rights of migrant workers are the concern of all participating States and that as such they should be addressed within the CSCE process; (22.2) reaffirm their commitment to implement fully in their domestic legislation the rights of migrant workers provided for in international agreements to which they are parties; (22.3) consider that, in future international instruments concerning the rights of migrant workers, they should take into account the fact that this issue is of importance for all of them;

Paris 1990 (A New Era of Democracy, Peace and Unity)

We recognize that the issues of migrant workers and their families legally residing in host coun- tries have economic, cultural and social aspects as well as their human dimension. We reaffirm that the protection and promotion of their rights, as well as the implementation of relevant inter- national obligations, is our common concern.

Moscow 1991

(38) The participating States recognize the need to ensure that the rights of migrant workers and their families lawfully residing in the participating States are respected and underline their right to express freely their ethnic, cultural, religious and linguistic characteristics. The exercise of such rights may be subject to such restrictions as are prescribed by law and are consistent with inter- national standards. (38.1) They condemn all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia against migrant workers. They will, in conformity with domestic law and international obligations, take effective measures to promote tolerance, understanding, equal- ity of opportunity and respect for the fundamental human rights of migrant workers and adopt, if they have not already done so, measures that would prohibit acts that constitute incitement to vio- lence based on national, racial, ethnic or religious discrimination, hostility or hatred. (38.2) They will adopt appropriate measures that would enable migrant workers to participate in the life of the society of the participating States. (38.3) They note that issues which concern the human dimension of migrant workers residing on their territory could, as any other issue of the human dimension, be raised under the human dimension mechanism.

214 4.5 Migrant Workers

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(36) Restate that human rights and fundamental freedoms are universal, that they are also enjoyed by migrant workers wherever they live and stress the importance of implementing all CSCE com- mitments on migrant workers and their families lawfully residing in the participating States;

(37) Will encourage the creation of conditions to foster greater harmony in relations between migrant workers and the rest of the society of the participating State in which they lawfully reside. To this end, they will seek to offer, inter alia, measures to facilitate the familiarization of migrant workers and their families with the languages and social life of the respective participating State in which they lawfully reside so as to enable them to participate in the life of the society of the host country;

(38) Will, in accordance with their domestic policies, laws and international obligations seek, as appropriate, to create the conditions for promoting equality of opportunity in respect of working conditions, education, social security and health services, housing, access to trade unions as well as cultural rights for lawfully residing and working migrant workers.

Budapest 1994 (Decisions: VIII. The Human Dimension)

29. They decided that appropriate measures should be taken to better prevent racist attacks and other manifestations of violent intolerance against migrant workers and their families. (…)

31. They will continue to promote the integration of migrant workers in the societies in which they are lawfully residing. They recognize that a successful process of integration also depends on its active pursuit by the migrants themselves and decided therefore to encourage them in this regard.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council (…) 4 11. Undertakes to combat discrimination against migrant workers. Further undertakes to facil- itate the integration of migrant workers into the societies in which they are legally residing (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination)

The participating states commit to: (…) • Take steps, in conformity with their domestic law and international obligations, against discrim- ination, intolerance and xenophobia against migrants and migrant workers; • Consider undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society; (…)

215 4.5 Migrant Workers

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

Ljubljana 2005 (Decision No. 2/05 on Migration)

The Ministerial Council,

Reaffirming the commitments related to migration, and in particular regarding migrant workers, and other relevant commitments (…)

Recognizing the increasing importance of migration, as well as the challenges and opportunities that it presents to participating States,

Further recognizing that migration is becoming a more diverse and complex phenomenon, which needs to be addressed in a comprehensive manner and therefore requires a crossdimensional approach at the national, regional and international levels,

Recognizing that all States should adopt effective national frameworks in order to manage migration,

Underlining that migration is inherently a transnational issue requiring co-operation between States,

Acknowledging that migration constitutes an important economic, social and human factor for host countries as well as for countries of origin,

Acknowledging also that successful integration policies that include respect for cultural and reli- gious diversity and promotion and protection of human rights and fundamental freedoms are a factor in promoting stability and cohesion within our societies, (…)

Welcoming the existing co-operation between the OSCE, in particular, the Office for Democratic Institutions and Human Rights (ODIHR) and the Office of the Coordinator of OSCE Economic and Environmental Activities (OCEEA), and relevant international organizations and institutions,

Considering that the OSCE, within its comprehensive approach to security, could contribute, inter alia, by: • Working in synergy and developing a stronger partnership with international bodies having a specific focus on migration, • Facilitating dialogue and co-operation between participating States, including countries of ori- gin, transit and destination in the OSCE area, as well as the OSCE Partners for Co-operation and Mediterranean Partners for Co-operation,

216 4.5 Migrant Workers

• Assisting the participating States, upon their request, to develop effective migration policies and to implement their relevant OSCE commitments, • Inviting participating States to consider becoming parties to relevant international instruments,

Athens 2009 (Decision No. 5/09 on Migration Management)

The Ministerial Council, (…)

Acknowledging the increasing importance of and the benefits stemming from effective migra- tion management for the socio-economic development, social cohesion, security and stability in all countries including those of origin, transit and destination, and fully recognizing the human rights of migrants and their family members,

Underscoring the importance of mainstreaming migration policies into economic, social, envi- ronmental, development and security strategies and addressing migration management through co-operative, comprehensive and cross-dimensional approaches,

Underlining the need to facilitate legal migrationand fight illegal migration,

Bearing in mind the different approaches to migration issues by the OSCE participating States, and drawing on their experiences and best practices,

Stressing the need to deepen dialogue and co-operation at all levels within and between all States, as well as with all relevant stakeholders, including social partners, business community, civil soci- ety and academia, to effectively address the opportunities and challenges related to comprehen- sive migration management,

Confirming that co-operation, dialogue and exchange of good practices and information on migra- tion management issues remain an important component of the OSCE’s comprehensive concept of security, supported as appropriate and within the respective mandates, capacities and resources in all three dimensions,

1. Encourages the participating States to continue to work on migration management by: 4 • Paying particular attention to addressing the root causes of migration; • Ensuring that their national migration practices comply with their respective international obli- gations and OSCE commitments; • Further elaborating and enhancing implementation of comprehensive and effective national migration policies and action plans as appropriate; • Improving the collection of comparable data on migration, in order to facilitate dialogue and exchange of best practices at the OSCE level; • Fostering co-operation and partnerships between countries of origin and destination, by facil- itating effective legal migration schemes, such as circular migration and other forms of volun- tary labour mobility programmes, for the benefit of the development of countries of origin and destination; • Respecting the human rights of migrants and increasing efforts to combat discrimination, intol- erance and xenophobia towards migrants and their families;

217 4.6 Persons with Disabilities

2. Encourages the participating States to incorporate gender aspects in their migration policies, noting the recommendations of the OSCE-produced Guide on Gender Sensitive Labour Migra- tion Policies;

3. Calls upon the participating States to enhance migration management by improved policy coherence between migration and economic, social, environmental and security policies, through consultation, partnership and co-operation among governments at bilateral, regional and interre- gional levels, as appropriate;

4. Encourages the participating States to take necessary measures to minimize negative impacts of the global financial and economic crisis on migrants by intensifying economic co-operation, creating attractive conditions for investment and business development and facilitating the flow of remittances;

5. Tasks the Permanent Council, its informal subsidiary bodies and the OSCE executive struc- tures, in accordance with their respective mandates across all dimensions, within the Organiza- tion’s comprehensive concept of security and within existing resources to inter alia: • Provide a broad regional platform for dialogue on migration and security issues, both among OSCE participating States and between participating States and Partners for Co-operation, with the involvement of other relevant stakeholders in full conformity with the OSCE Rules of Procedure; • Continue working on gender aspects of migration, • Assist participating States, upon their request, to improve migration legislation and to elabo- rate and implement effective national policy frameworks, by providing advice and training, in co-operation with relevant international and regional organizations; • Contribute to international efforts to assess the possible impact of environmental degradation on migratory pressures, which climate change may magnify, in order to ensure better prepar- edness in this area; • Continue to assist the participating States, upon their request, to promote effective migration- management, including exchange of best practices, and to facilitate legal migration and fight illegal migration, while paying particular attention to bilateral and multilateral co-operation in this field.

4.6 Persons with Disabilities

Moscow 1991

(41) The participating States decide (41.1) to ensure protection of the human rights of persons with disabilities; (41.2) to take steps to ensure the equal opportunity of such persons to participate fully in the life of their society; (41.3) to promote the appropriate participation of such persons in decision-making in fields con- cerning them; (41.4) to encourage services and training of social workers for the vocational and social rehabili- tation of persons with disabilities;

218 4.7 Children

(41.5) to encourage favourable conditions for the access of persons with disabilities to public build- ings and services, housing, transport, and cultural and recreational activities.

Milan 2018 (Decision 5/18 on Human Capital Development in the Digital Era) (…)

4.7 Children 4 See also: II. 3.1.11: Freedom of Movement, Human Contacts and Family Reunification II. 3.2.4: Right to Education II. 4.2: Roma and Sinti II. 4.4: Refugees, Displaced Persons, Returnees and Stateless Persons II. 4.5: Migrant Workers II. 6.2: Prevention of Trafficking in Human Beings

Copenhagen 1990

(13) The participating States decide to accord particular attention to the recognition of the rights of the child, his civil rights and his individual freedoms, his economic, social and cultural rights, and his right to special protection against all forms of violence and exploitation. They will con- sider acceding to the Convention on the Rights of the Child, if they have not yet done so, which

219 4.7 Children

was opened for signature by States on 26 January 1990. They will recognize in their domestic legis- lation the rights of the child as affirmed in the international agreements to which they are Parties.

Istanbul 1999 (Summit Declaration)

28. In the year of the 10th anniversary of the adoption of the Convention on the Rights of the Child, and putting the OSCE’s Copenhagen commitments into practice, we commit ourselves to actively promote children’s rights and interests, especially in conflict and post-conflict situations. We will regularly address the rights of children in the work of the OSCE (...) We will pay particular attention to the physical and psychological well-being of children involved in or affected by armed conflict.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

24. We will undertake measures to (…) end violence against (…) children as well as sexual exploita- tion and all forms of trafficking in human beings. In order to prevent such crimes we will, among other means, promote the adoption or strengthening of legislation to hold accountable persons responsible for these acts and strengthen the protection of victims. We will also develop and imple- ment measures to promote the rights and interests of children in armed conflict and post-conflict situations, including refugees and internally displaced children. We will look at ways of prevent- ing forced or compulsory recruitment for use in armed conflict of persons under 18 years of age.

Brussels 2006 (Decision No. 15/06 on Combating Sexual Exploitation of Children)

The Ministerial Council,

Recognizing that sexual exploitation of children is a grave and largescale problem throughout the OSCE region and beyond, with multiple, interlinked manifestations of all forms of sexual exploitation of children, including prostitution, child pornography, trafficking in children for sex- ual exploitation, sex tourism and forced marriages of children,

Recognizing that sexual exploitation of children violates human dignity and undermines the enjoy- ment of human rights and fundamental freedoms,

Considering that sexual exploitation of children constitutes a grave and heinous crime, in many cases involving organized crime, that must be prevented, investigated, prosecuted and penalized with all available means,

Underlining the need to address the broad range of factors that make children vulnerable to sex- ual exploitation, including economic disparities, lack of access to education, and discrimination, including gender-related discrimination, as well as the need to counter demand for child pornog- raphy and sex tourism and to prevent the actions of perpetrators,

Considering that sexual exploitation of children is increasing and spreading through the use of new technologies such as the Internet, (…)

1. Condemns the sexual exploitation of children in all its forms, inter alia:

220 4.7 Children

(a) Through child prostitution and child pornography, including through offering, obtaining, pro- curing, providing, or recruiting a child for such purposes, or profiting from exploiting a child for such purposes; (b) When use is made of coercion, force, fraud, or threats, abuse of trust, authority or influence over a child, or the offering or giving of money or other forms of remuneration/consideration in exchange for sexual activities, including during times of armed conflict or in post-conflict situations; (c) The production, distribution, dissemination or transmission, offering or otherwise making available of all forms of child pornography (via computer systems, the Internet or by other means); (d) The intentional acquisition and possession of child pornography; (e) Trafficking of children for sexual exploitation;

2. Calls on the participating States to conform their legislation on this subject to their relevant international commitments and obligations;

3. Urges the participating States to adopt a holistic approach towards the problem of sexual exploita- tion of children, addressing root and contributing factors, including the demand that fosters all forms of sexual exploitation of children, and to develop comprehensive and proactive strategies and measures aimed at preventing and combating the sexual exploitation of children;

4. Strongly urges the participating States to take all legal measures to prosecute the sexual exploita- tion of children, imposing penalties that are effective, proportionate and dissuasive. In this regard, encourages the participating States to consider legal measures that would allow them to prose- cute their citizens for serious sexual crimes against children, even if these crimes are committed in another country;

5. Calls upon the participating States to enhance the ability of law enforcement to proactively inves- tigate and prosecute offenders;

6. Calls on the participating States to facilitate legal protection, assistance, appropriate medical care, rehabilitation and reintegration programmes for child victims of sexual exploitation and, where appropriate, to ensure the safe return of trafficked children;

7. Calls on the participating States to raise awareness at all levels of society on the problem of the sexual exploitation of children; 4

8. Advises the participating States to develop compatible and exchangeable data registration sys- tems specific to the sexual exploitation of children, with due regard for the confidentiality of per- sonal data, and to promote comprehensive data collection mechanisms and research on the sexual exploitation of children;

9. Supports measures by the participating States, in collaboration with nongovernmental organ- izations (NGOs) and appropriate representatives of relevant sectors of the economy, such as the travel, hospitality or media industries, to eliminate demand for sexual exploitation of children;

10. Urges increased cooperation among the participating States for the detection, investigation, prosecution and punishment of those responsible for the sexual exploitation of children;

11. Recommends that the participating States establish training programmes concerning sexual exploitation of children for personnel, including those working in the areas of justice, policing, tourism, transport, social work, health care, civil society, religious organizations, and education;

221 4.7 Children

12. Advocates that relevant authorities in the participating States, in accordance with national leg- islation concerning the protection of personal data, work with Internet service providers, credit- card companies, banks and other corporations as well as relevant NGOs, to ensure information related to the sexual exploitation of children is tracked and reported;

13. Recommends the creation of telephone or Internet hotlines, possibly in collaboration with NGOs, to which individuals can confidentially report instances of sexual exploitation of children, so that such reports can be investigated by law enforcement, and so that victims and their fami- lies can receive appropriate support; (…)

15. Tasks the OSCE executive structures, within their existing mandates, to examine ways of ensuring appropriate training and awareness raising regarding the problem of sexual exploitation of children for OSCE officials keeping in mind the Code of Conduct for OSCE Officials and Staff Instruction No. 11 addressing trafficking in human beings;

16. Encourages relevant OSCE executive structures, within their existing mandates, to devote attention to the area of sexual exploitation of children, including links to trafficking in persons, and emphasizes the need for them and the participating States to cooperate with other interna- tional organizations, NGOs and civil society in combating the sexual exploitation of children.

Madrid 2007 (Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation)

The Ministerial Council, (…)

Calls on participating States to: (…)

20. Intensify efforts to prevent child labour, by considering signing and ratifying the ILO Conven- tion on the Worst Forms of Child Labour, 1999, if they have not already done so, and if they are already parties to it, by implementing its provisions; (…)

Madrid 2007 (Decision No. 9/07 on Combating Sexual Exploitation of Children on the Internet)

The Ministerial Council,

Alarmed that the growth of the Internet has generated an enormous global expansion of the view- ing and distribution of child pornography and of its profits, including for criminal organizations, (…)

Determined to combat this growing phenomenon, including through increasing OSCE activity to address it, decides to:

1. Encourage participating States that have not already done so to establish a national operational centre, or other structure as appropriate, to increase co-ordination and to involve to the extent

222 4.7 Children

possible public private partnership in order to more effectively address issues related to sexual exploitation of children;

2. Call on participating States that have not already done so to collect and store information, in accordance with national provisions on the protection of personal data, on persons convicted of child sexual exploitation or abuse in order to facilitate the apprehension of perpetrators and mon- itoring of their probation, and to develop, where appropriate, instruments to enable the exchange of information internationally among law enforcement agencies pertaining to sex offenders’ con- victions and disqualifications;

3. Encourage participating States that have not already done so to establish a system that allows law enforcement to work with public broadcasting and quickly send out a public alert when a child is found missing, when appropriate;

4. Urge participating States that have not already done so to consider criminalizing the intentional acquisition and possession of child pornography, given that the viewing and possession of child pornography stimulates the growth of this illicit industry;

5. Advocate that participating States that have not already done so set up specific national hot- lines for the reporting of child abuse, including sexual exploitation of children on the Internet;

6. Call on participating States to support, as appropriate, increased data collection and research on sexual exploitation of children and child pornography on the Internet in order to better under- stand the scope and trends of the problem and thereby increase the effectiveness of programmes to combat it;

7. Advocate that participating States, in accordance with national legislation concerning the pro- tection of personal data, work not only on a national basis but also on an international basis with Internet service providers, credit-card companies, banks and other relevant corporations to prevent the use of the Internet for sexual exploitation of children and to impede payment methods in order to make the crime less profitable in order to address demand for child pornography on the Internet;

8. Reiterate our call on the participating States to facilitate legal protection, assistance, appropriate medical care, rehabilitation and reintegration programmes for child victims of sexual exploitation and, where appropriate, to ensure the safe return of children trafficked internationally; 4 9. Urge OSCE participating States to further enhance specialized training for law enforcement, teachers and health professionals, as appropriate, on combating child pornography on the Internet, including by taking advantage of existing programmes such as that offered by the International Centre for Missing and Exploited Children, and tasks the relevant OSCE executive structures to facilitate contacts in this regard;

10. Task the relevant OSCE executive structures to assist OSCE participating States, on their request, with the implementation of this decision and Ministerial Council Decision No. 15/06, within avail- able resources and without prejudice to existing activities;

11. Task, within existing resources, the OSCE Secretariat to set up within the POLIS website of its Strategic Police Matters Unit a multilingual section devoted to combating sexual exploitation of children on the Internet, and in this regard the POLIS section should create an expert forum that would facilitate access of participating States’ law enforcement agencies to best practices and

223 4.7 Children

available investigative techniques or software, access to legislative drafting assistance or legislative models, and provide awareness-raising information and web links for the public; (…)

Helsinki 2008 (Decisions: Decision No. 5/08 on Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach)

The Ministerial Council, (…)

7. Calls on the participating States that have not yet done so to provide for special measures of pro- tection and assistance for child victims of human trafficking throughout criminal proceedings, in accordance with the principles of the best interest of the child, nondiscrimination, participation and the opportunity for the child to be heard; (…)

Basel 2014 (Declaration on Youth)

We, (…), recall the OSCE commitments relating to youth and children, which are enshrined in the Helsinki Final Act and other relevant OSCE decisions, and take note of the efforts of other inter- national organizations in this regard, in particular the United Nations.

We acknowledge that youth and children require particular attention and that their needs, con- cerns and interests should be addressed in a comprehensive manner.

We acknowledge the potential of young people to contribute to economic, political and social devel- opment, and that they can support participating States in the implementation of commitments in all three dimensions of the OSCE. (…)

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Expressing particular concern that youth, including children, are being radicalized to terrorism and recruited as foreign terrorist fighters, and recognizing the importance of working with youth to prevent and counter radicalization of youth to terrorism, (…)

Call on the participating States: (…)

224 4.7 Children

democratic principles, the rule of law, tolerance, non – discrimination, dialogue, mutual respect and understanding, and to facilitate their access to social services; (b) Supporting youth, which are willing to contribute to such efforts, through education in schools and higher education institutions; (c) Supporting youth-led and youth-focused awareness-raising initiatives, including through the Internet and social media, to prevent and counter their radicalization to terrorism, and to promote respect for human rights, fundamental freedoms, tolerance and non-discrimination; (d) Promoting programmes to facilitate youth access to employment;

Belgrade 2015 (Declaration on Youth and Security)

We, (…), recall the OSCE commitments relating to youth, built upon relevant provisions of the Helsinki Final Act.

We take note of the efforts of the current and previous OSCE Chairmanships and stress the impor- tance of promoting the implementation of the OSCE commitments on youth, particularly in the area of education and the role young people can play to support participating States in implement- ing OSCE commitments in all three dimensions of the OSCE.

We recognize that youth and children require particular attention and that their needs, concerns and interests should be addressed in a comprehensive manner.

Milan 2018 (Decision 5/18 on Human Capital Development in the Digital Era) (…)

Determined to promote lifelong learning and vocational and professional training throughout 4 the working life as essential tools for human capital development and for reducing existing digi- tal divides, particularly for women and girls in the areas of science, technology, engineering and mathematics, (…)

225 4.7 Children

Milan 2018 (Declaration on the Role of Youth in Contributing to Peace and Security Efforts)

1. We, the Ministers for Foreign Affairs of the participating States of the Organization for Secu- rity and Co-operation in Europe, acknowledge that youth are an important part of society and the role that they can play in supporting participating States in the implementation of commit- ments in all three dimensions.

2. We recall the OSCE commitments relating to youth, built upon relevant provisions of the Hel- sinki Final Act, the 2014 Basel Ministerial Council Declaration on Youth, the 2015 Belgrade Min- isterial Council Declaration on Youth and Security.

3. We take note of United Nations Security Council resolutions (…), on youth in the maintenance of international peace and security.

4. We take note of the efforts of the current and previous OSCE Chairmanships and the work carried out by participating States to advance the youth, peace and security agenda, such as the OSCE conference on “Working with Youth and for Youth: Strengthening Security and Co-opera- tion Online”, held in Málaga, Spain, on 25 and 26 May 2017.

5. We recognize the role youth can play in contributing to a culture of peace, dialogue, justice and peaceful coexistence, trust and reconciliation.

6. We invite the Partners for Co-operation to voluntarily join us in affirming this declaration.

Tirana 2020 (Decision 6/20 on Preventing and Combating Corruption through Digitalization and Increased Transparency) (…)

1. Calls upon participating States to prevent and combat corruption by: (…) (i) Supporting the education of youth, in accordance with domestic education systems, on the impor- tance of good governance, including transparency, and preventing and combating corruption as well as through fostering digital skills, and strengthening awareness-raising measures, including promoting collective action and collaboration between public and private sectors and civil society;

226 4.8 Armed Forces Personnel

4.8 Armed Forces Personnel

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security)

27. Each participating State will ensure that the recruitment or call-up of personnel for service in its military, paramilitary and security forces is consistent with its obligations and commitments in respect of human rights and fundamental freedoms.

32. Each participating State will ensure that military, paramilitary and security forces personnel will be able to enjoy and exercise their human rights and fundamental freedoms as reflected in CSCE documents and international law, in conformity with relevant constitutional and legal pro- visions and with the requirements of service.

33. Each participating State will provide appropriate legal and administrative procedures to pro- tect the rights of all its forces personnel.

4.9 Persons in Detention or Prison

See also: II. 2.4: Rule of Law II. 3.1.4: Freedom from Arbitrary Arrest or Detention

Vienna 1989 (Questions Relating to Security in Europe: Principles)

The participating States will (…) 4 (23.2) ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person; (23.3) observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials;

Copenhagen 1990

(15) The participating States will act in such a way as to facilitate the transfer of sentenced persons and encourage those participating States which are not Parties to the Convention on the Trans- fer of Sentenced Persons, signed at Strasbourg on 21 November 1983, to consider acceding to the Convention.

227 4.9 Persons in Detention or Prison

Moscow 1991

(23) The participating States will treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person and will respect the internationally recog- nized standards that relate to the administration of justice and the human rights of detainees. (…) (vi) any person arrested or detained will have the right, without undue delay, to notify or to require the competent authority to notify appropriate persons of his choice of his arrest, deten- tion, imprisonment and whereabouts; any restriction in the exercise of this right will be pre- scribed by law and in accordance with international standards; (vii) effective measures will be adopted, if this has not already been done, to provide that law enforcement bodies do not take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, or otherwise to incriminate himself, or to force him to testify against any other person; (viii) the duration of any interrogation and the intervals between them will be recorded and cer- tified, consistent with domestic law; (ix) a detailed person or his counsel will have the right to make a request or complaint regard- ing his treatment, in particular when torture or other cruel, inhuman or degrading treatment has been applied, to the authorities responsible for the administration of the place of detention and to higher authorities, and when necessary, to appropriate authorities vested with reviewing or remedial power; (x) such request or complaint will be promptly dealt with and replied to without undue delay; if the request or complaint is rejected or in case of inordinate delay, the complainant will be enti- tled to bring it before a judicial or other authority; neither the detained or imprisoned person nor any complainant will suffer prejudice for making a request or complaint; (…) (23.2) The participating States will (i) endeavour to take measures, as necessary, to improve the conditions of individuals in deten- tion or imprisonment; (ii) pay particular attention to the question of alternatives to imprisonment.

Brussels 2006 (Brussels Declaration on Criminal Justice Systems)

228 4.9 Persons in Detention or Prison

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

4. Encourages participating States (…) to continue and to enhance their efforts to share informa- tion and best practices and to strengthen the rule of law, inter alia in the following areas:

4. (…) the right to legal assistance and respect for the human rights of persons in detention; (…)

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Taking note of the fact that radicalization to terrorism and recruitment by terrorists can take place in prisons, and therefore affirming the importance of elaborating and sharing,as appropri- ate, international guidelines on reintegration, rehabilitation and the prevention of radicalization to terrorism in prison, (…)

Tirana 2020, (Decision No. 7/20 on Prevention and Eradication of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment) (…)

Calls on the participating States to: (…)

229 4.9 Persons in Detention or Prison

6. Implement effective legal and procedural safeguards throughout all stages of detention, includ- ing early stages of police custody;

230 5. Commitments Related to Equality, Tolerance, and Non-discrimination 5.1 Equality and Non-discrimination Clauses

5.1 Equality and Non-discrimination Clauses

Helsinki 1975 (Questions Relating to Security in Europe: 1.(a) Declaration on Principles Guiding Relations between Participating States – Principle VII)

The participating States will respect human rights and fundamental freedoms (…) for all without distinction as to race, sex, language or religion.

Vienna 1989 (Questions Relating to Security in Europe: Principles) (13.7) ensure human rights and fundamental freedoms to everyone within their territory and sub- ject to their jurisdiction, without distinction of any kind such as race, colour, sex, language, reli- gion, political or other opinion, national or social origin, property, birth or other status; (13.8) ensure that no individual exercising, expressing the intention to exercise or seeking to exer- cise these rights and freedoms or any member of his family, will as a consequence be discrimi- nated against in any manner;

Copenhagen 1990

(5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (…) (5.9) all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground; (…) (25.3) measures derogating from obligations will be limited to the extent strictly required by the exigencies of the situation; (25.4) such measures will not discriminate solely on the grounds of race, colour, sex, language, religion, social origin or of belonging to a minority. (…)

232 5.2 Equal Rights of Men and Women

5.2 Equal Rights of Men and Women

Madrid 1983 (Questions Relating to Security in Europe: Principles)

[The participating States] stress the importance of ensuring equal rights of men and women; accord- ingly, they agree to take all actions necessary to promote equally effective participation of men and women in political, economic, social and cultural life.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(15) The participating States confirm their determination to ensure equal rights of men and women. Accordingly, they will take all measures necessary, including legislative measures, to promote equally effective participation of men and women in political, economic, social and cultural life. They will consider the possibility of acceding to the Convention on the Elimination of All Forms of Discrimination Against Women, if they have not yet done so.

Moscow 1991

(40) The participating States recognize that full and true equality between men and women is a fundamental aspect of a just and democratic society based on the rule of law. They recognize that the full development of society and the welfare of all its members require equal opportunity for full and equal participation of men and women. In this context they will (40.1) ensure that all CSCE commitments relating to the protection and promotion of human rights and fundamental freedoms are applied fully and without discrimination with regard to sex; (40.2) comply with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), if they are parties, and, if they have not already done so, consider ratifying or acceding to this Convention; States that have ratified or acceded to this Convention with reserva- tions will consider withdrawing them; (40.3) effectively implement the obligations in international instruments to which they are parties and take appropriate measures to implement the United Nations Nairobi Forward-looking Strat- egies for the Advancement of Women (FLS); (40.4) affirm that it is their goal to achieve not only de jure but de facto equality of opportunity between men and women and to promote effective measures to that end; (40.5) establish or strengthen national machinery, as appropriate, for the advancement of women in order to ensure that programmes and policies are assessed for their impact on women; (40.6) encourage measures effectively to ensure full economic opportunity for women, includ- ing non-discriminatory employment policies and practices, equal access to education and train- ing, and measures to facilitate combining employment with family responsibilities for female and 5 male workers; and will seek to ensure that any structural adjustment policies or programmes do not have an adversely discriminatory effect on women; (40.7) seek to eliminate all forms of violence against women, and all forms of traffic in women and exploitation of prostitution of women including by ensuring adequate legal prohibitions against such acts and other appropriate measures; (40.8) encourage and promote equal opportunity for full participation by women in all aspects of political and public life, in decision-making processes and in international co-operation in general;

233 5.2 Equal Rights of Men and Women

(40.9) recognize the vital role women and women’s organizations play in national and interna- tional efforts to promote and enhance women’s rights by providing, inter alia, direct services and support to women and encouraging a meaningful partnership between governments and these organizations for the purpose of advancing equality for women; (40.10) recognize the rich contribution of women to all aspects of political, cultural, social and economic life and promote a broad understanding of these contributions, including those made in the informal and unpaid sectors; (40.11) take measures to encourage that information regarding women and women’s rights under international and domestic law is easily accessible; (40.12) develop educational policies, consistent with their constitutional systems, to support the participation of women in all areas of study and work, including non-traditional areas, and encour- age and promote a greater understanding of issues relating to equality between men and women; (40.13) ensure the collection and analysis of data to assess adequately, monitor and improve the situation of women; these data should not contain any personal information.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

23. The full and equal exercise by women of their human rights is essential to achieve a more peace- ful, prosperous and democratic OSCE area. We are committed to making equality between men and women an integral part of our policies, both at the level of our States and within the Organization. (…)

24. We will undertake measures to eliminate all forms of discrimination against women, and to end violence against women and children as well as sexual exploitation and all forms of traffick- ing in human beings (…)

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council (…)

2. Decides to enhance the efforts being made to increase women’s participation and the role of women in furthering democratization and economic development, and to consider integrating the provisions of the OSCE Action Plan on Gender Issues where applicable into national policies. Further decides to enhance its efforts to achieve gender balance at all levels within the OSCE, tak- ing full account also in this respect of the principle of recruiting staff from all participating States on a fair basis (…)

Sofia 2004 (Decision No. 14/04 on the 2004 OSCE Action Plan for the Promotion of Gender Equality)

The Ministerial Council, (…)

Recognizing that equal rights of women and men and the protection of their human rights are essential to peace, sustainable democracy, economic development and therefore to security and stability in the OSCE region,

234 5.2 Equal Rights of Men and Women

(…)

Mindful of the need to appropriately reflect a gender perspective in the activities conducted under the auspices of the OSCE, and for participating States to take all necessary measures to encour- age gender awareness raising and to promote equality in rights and full and equal participation of women and men in society, the aim being to promote the practice of gender equality and gen- der-mainstreaming* in the OSCE area, which is essential to comprehensive security, (…)

Decides to endorse the 2004 Action Plan for the Promotion of Gender Equality adopted by the Permanent Council in its Decision No. 638 on 2 December 2004, and annexed to this Decision.

Sofia 2004 (Annex to Decision No. 14/04: 2004 OSCE Action Plan for the Promotion of Gender Equality) (…)

3. Effective gender-mainstreaming* with the goal of achieving gender equality, is important if full use is to be made of the human capital in the OSCE area. Gender equality contributes to compre- hensive security, which is a goal of OSCE activities in all three dimensions. Gender-mainstream- ing is a way of contributing to attaining this goal. The gender perspective should therefore be taken into account in the Organization’s activities, projects and programmes, in order for the Organiza- tion to achieve gender equality within its own operations as well as in the participating States. It is the joint responsibility of the participating States, the Chairman-in-Office, the Secretary Gen- eral, and the Heads of institutions and missions to promote equality between women and men as an integral element of policies and practices of the OSCE. In this effort it shall be borne in mind that if gender equality is to become a reality in any area and at any level of society, both men and women will benefit from such a change. (…)

8. Gender-mainstreaming requires consistent, systematic, attention to gender perspectives (…) based on a cross-dimensional approach, and also adequate monitoring and review mechanisms (…)

IV. Promoting Gender Equality in Participating States

41. Participating States, individually and collectively, bear the primary responsibility and are accountable to their citizens for the implementation of their commitments on equality of rights and equal opportunities for women and men. They have committed themselves to making equality between women and men an integral part of policies both at State level and within the Organiza- tion. They will ensure the full use of the appropriate OSCE fora for reviewing the implementation of OSCE commitments on equality between women and men. 5

42. Participating States are therefore recommended to:

* “Mainstreaming a gender perspective is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women’s as well as men’s concerns and experiences an integral dimension of the design, implementa- tion, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality.” See Official Records of the General Assembly, Fifty-Second Session, Supplement No. 3 (A/52/3/Rev.1), chapter IV, paragraph 4.

235 5.2 Equal Rights of Men and Women

• Ensure that the Organization develops policies which effectively promote gender equality and that new proposals and initiatives take a gender perspective into account; • Establish or strengthen existing mechanisms for ensuring gender equality, inter alia by mak- ing available the services of an impartial and independent person or body, such as an Ombuds- man/Human Rights Commissioner, to address gender related discrimination against individual citizens; • Adhere to and fully implement the international standards and commitments they have under- taken concerning equality, non-discrimination and women’s and girls’ rights; • Comply with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), if they are parties, or, if they have not already done so, consider ratifying or acced- ing to this Convention. States that have ratified or acceded to this Convention with reservations will consider withdrawing them. States parties to the CEDAW are also called upon to consider ratifying the Optional Protocol to the Convention on the Elimination of All Forms of Discrim- ination Against Women; • If they are parties to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and/or the International Covenant on Economic, Social and Cultural Rights (ICESCR), report regu- larly and on time to the respective bodies, and include women’s organizations in the prepara- tion of their reports; • Take further action where necessary in order to ensure a safe environment for their citizens and the right to equal protection under the law (…) (…) • Draw on the experience of the OSCE to develop cross-dimensional gender equality policies and strategies, and include in the follow-up to such policies, inter alia, the utilization of gender anal- ysis and monitoring mechanisms to assess the impact of gender policies and strategies, so that constraints on their full implementation may be identified and addressed.

Ljubljana 2005 (Decision No. 14/05 on Women in Conflict Prevention, Crisis Management and Post-Conflict Rehabilitation)

The Ministerial Council, (…)

Recognizing that the knowledge, skills and experience of both women and men are essential to peace, sustainable democracy, economic development and therefore to security and stability in the OSCE region,

Further recognizing that United Nations Security Council resolution 1325 (2000) on women, peace and security links gender equality and security, focusing on the role of women in matters of peace and security at all levels, (…)

Emphasizing the importance of women’s full and equal participation in all phases of conflict pre- vention, resolution and peace-building,

Acknowledging the need for concrete action by the OSCE to integrate women into conflict pre- vention, crisis management and post-conflict rehabilitation through its activities, inter alia, by:

236 5.2 Equal Rights of Men and Women

1. Ensuring proactive implementation throughout the Organization of the 2004 OSCE Action Plan for the Promotion of Gender Equality, adopted by Permanent Council Decision No. 638 of 2 December 2004,

2. Integrating into the activities of the OSCE, as appropriate, the relevant parts of UN Security Council resolution 1325 (2000) on the role of women in all levels of conflict prevention, crisis man- agement and resolution, and postconflict rehabilitation,

3. Encouraging participating States to develop national rosters of potential women candidates (as called for in the 2004 OSCE Action Plan for the Promotion of Gender Equality, paragraph 22) and take active steps to ensure that women are fully informed of and encouraged to apply for posi- tions in the area of conflict prevention and postconflict rehabilitation processes, in particular for senior management positions,

4. Calling on participating States to nominate more women as heads of institutions and missions, and to other senior positions in the OSCE,

5. Actively encouraging the recruitment of women to OSCE field presences, in particular to manage- ment positions, with the goal of having a substantial number of field presences headed by women,

6. Calling on participating States and OSCE structures, as appropriate, to support and encourage training and educational programmes focusing on women and girls, as well as projects aimed at women’s participation in building sustainable peace; to empower women’s organizations; to sup- port women’s peace initiatives through the media and workshops on human rights and gender equality; and to raise awareness among women concerning the importance of their involvement in political processes,

7. Calling on participating States and OSCE structures, as appropriate, to develop specific policies to encourage the full and equal participation of women and women’s organizations in conflict pre- vention, conflict resolution and post-conflict rehabilitation, as well as to encourage and support the sharing of experiences and best practices and, further, to engage with women’s peace initiatives,

8. Calling on participating States to take into account the important role and the particular needs of women and girls in implementing government policies on protection and durable solutions including voluntary return, resettlement, rehabilitation, (re)integration or repatriation of refugees and internally displaced persons in safety and dignity,

9. Recommending that participating States regularly evaluate their efforts at gender mainstreaming in conflict prevention, conflict management and rehabilitation processes, and make such evalua- tions public, to be used for gendersensitive training purposes, and in implementation of relevant commitments as well as to increase awareness of their importance, 5 Decides to: • Task the Secretary General in his annual progress report on the implementation of Permanent Council Decision No. 638 on the 2004 OSCE Action Plan for the Promotion of Gender Equal- ity with making specific references to the implementation in the Organization of the parts of UN Security Council resolution 1325 (2000) that are relevant to the OSCE; • Task the Secretariat, in the context of the objectives of the 2004 OSCE Action Plan for the Pro- motion of Gender Equality, with developing in co-operation with participating States, further

237 5.2 Equal Rights of Men and Women

measures to substantially increase the number of women in the OSCE Secretariat, institutions and field operations, in particular at senior and policymaking levels; • Task the OSCE structures and institutions with developing or adjusting relevant projects, strat- egies and initiatives, and conducting other activities, including exchanging information with the UN in order to fulfil the commitments contained in this decision; • Invite OSCE participating States and the OSCE institutions to report at the Annual Security Review Conference also on the progress achieved in implementing the commitments contained in this decision.

Athens 2009 (Decision No. 7/09 on Women’s Participation in Political and Public Life)

The Ministerial Council, (…)

Mindful of the continued under-representation of women in the OSCE area in decision-mak- ing structures within the legislative, executive, including police services, and judicial branches,

Concerned that widespread discrimination against women, continues to undermine their effec- tive participation in political and public life at all levels, (…)

Recalling UN Security Council resolution 1325 (2000), which calls for full and equal participation of women in decision making with regard to conflict prevention as well as in post-conflict recon- struction, and stressing the importance of their full and equal participation and involvement in all efforts for the maintenance and promotion of peace and security,

Taking note of UN Security Council resolution 1889 (2009), which urges international and regional organizations to take further measures to improve women’s participation during all stages of peace processes,

Noting that 18 December 2009 marks the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which aims at ending discrimination against women in political and public life, and noting that 10 December marks the 10th anniver- sary of the opening of the Convention’s Protocol for signature,

Recognizing that women may face additional barriers, beyond those based on gender, to their par- ticipation in political and public life,

Calls on the participating States to:

1. Consider providing for specific measures to achieve the goal of gender balance in all legislative, judicial and executive bodies, including security services, such as police services;

2. Consider possible legislative measures, which would facilitate a more balanced participation of women and men in political and public life and especially in decision-making;

238 5.2 Equal Rights of Men and Women

4. Consider taking measures to create equal opportunities within the security services, including the armed forces, where relevant, to allow for balanced recruitment, retention and promotion of men and women;

5. Develop and introduce where necessary open and participatory processes that enhance par- ticipation of women and men in all phases of developing legislation, programmes and policies;

6. Allow for the equal contribution of women and men to peace-building initiatives;

7. Take necessary steps to establish, where appropriate, effective national mechanisms for meas- uring women’s equal participation and representation;

9. Encourage shared work and parental responsibilities between women and men in order to facil- itate women’s equal opportunities to participate effectively in political and public life.

Vilnius 2011 (Decision 10/11 Promoting equal opportunity for women in the economic sphere).

(…)

Recognizing that women’s participation in the economic sphere contributes significantly towards economic recovery, sustainable growth and the creation of cohesive societies, and thus is essential to the security and stability of the OSCE region,

Noting with concern the continued inequities faced by women in the OSCE region in terms of labour market participation, including job segregation; disparities in access to social protection as well as quality, full-time employment; and the slow progress being made in efforts to overcome the pay gaps for equal work, resulting in women’s reduced lifetime earnings and pensions and increased female poverty,

Concerned about the continued under-representation of women in economic leadership and deci- sion-making processes in the public and private sectors,

Concerned also about the persistence of constraints on women’s effective participation in the eco- nomic sphere, in particular with regard to access to and control over such economic and financial resources as loans and property and inheritance rights,

Recognizing the need for improved and systematic collection of sex-disaggregated data and con- 5 ducting of studies on equal opportunities in the economic sphere as a basis for planning policy and action,

Recalling the need for economic and social policies aimed at addressing the root causes of the traf- ficking in human beings, especially to eliminate discrimination against women in employment and to address economic factors that increase the vulnerability of women to trafficking,

Recognizing the need to continue monitoring the implementation of existing commitments on eliminating discrimination against women and promoting equal opportunities for women in the

239 5.2 Equal Rights of Men and Women

economic sphere, with the aim of identifying and exchanging good practices and developing effec- tive approaches, including within the Organization and its executive structures, (…)

Recognizing that women may face additional barriers, beyond those based on gender, to their par- ticipation in the economic sphere,

Calls on the participating States to:

1. Collect and analyse data to identify and address obstacles preventing women from fulfilling their potential in the economic sphere and, (…) to support non-governmental and research bod- ies in producing targeted studies, including on good practices;

2. Assess the allocation of budgetary resources for promoting gender equality in the economic sphere and take concrete measures that lead to women’s equal opportunity for economic partic- ipation and equal access to social protection, and that support quality as well as full-time and/or self-employment;

3. Facilitate the development of women’s entrepreneurial and other work-related skills, and, incor- porate gender aspects, with particular attention to women, in migration policies, in order, inter alia, to prevent human trafficking and re-trafficking;

4. Initiate or strengthen policy and legal measures, including positive action measures as appropri- ate, that would facilitate and protect equal opportunity for participation of women in the labour market, including through the expansion of childcare and nursing facilities;

5. Identify concrete actions aimed at promoting equal opportunities for women in the economic sphere and, where appropriate, establish effective national mechanisms for monitoring progress in this field, such as on closing pay gaps;

6. Promote the sharing of domestic work, and parental and caregiver responsibilities, by expand- ing paternity leave; promoting non-discriminatory employment policies and practices and equal access to education and training; taking measures to facilitate combining employment with fam- ily responsibilities; and seeking to ensure that any structural adjustment policies and programmes do not have an adversely discriminatory effect on women;

7. Support the development of the necessary environment for successful policy formulation and implementation through targeted information and awareness-raising activities regarding the ben- efits of measures taken to promote the equal opportunity for participation of women in the eco- nomic sphere and to combat the social exclusion of women and discrimination against them;

8. Introduce measures and engage in dialogue with the private sector to provide equal opportuni- ties for women’s professional advancement and to close pay gaps;

9. Develop and strengthen measures, as feasible, that lead to increased diversification in employ- ment sectors that are traditionally male or female-dominated;

10. Encourages the Partners for Co-operation to voluntarily implement the provisions of this deci- sion.

240 5.2 Equal Rights of Men and Women

Dublin 2012 (Declaration on Strengthening Good Governance and Combating Corruption, Money-Laundering and the Financing of Terrorism)

We recognize that achieving good governance and combating corruption will not succeed without the full and equal participation of women and men in political and economic processes and institu- tions, (...). We underline the importance of empowering women to actively participate in and con- tribute to policies and activities related to good governance for the equal benefit of men and women.

Basel 2014 (Decision No. 7/14 on Preventing and Combating Violence Against Women)

Reaffirming the commitment to respect human rights and fundamental freedoms for all with- out distinction as to race, sex, language or religion, as enshrined in the provision of the Helsinki Final Act of 1975,

Recalling that the full and equal exercise by women of their human rights is essential to achieving a more peaceful, prosperous and democratic OSCE area and that the OSCE participating States are committed to making equality between men and women an integral part of their policies, both at the level of their States and within the OSCE executive structures, as was declared at the OSCE Istanbul Summit in 1999, (…)

Deeply concerned by the persistence of violence against women as one of the most pervasive human rights violations in the OSCE area, manifested as physical, sexual, and psychological violence and reiterating the particular need to take more vigorous measures in preventing and combating vio- lence against women, to which gender inequality can be among the major contributing factors, (…)

Calls on the participating States to ensure for all women the protection and full respect of human rights and fundamental freedoms; (…)

Milan 2018 (Decision No. 4/18 on Preventing and Combating Violence Against Women)

Reaffirming that the promotion and protection of equal rights and opportunities for all are essen- tial to democracy and economic development and therefore to security, stability and sustainable peace in the OSCE area,

Determined to ensure the full and equal enjoyment by women and girls of human rights and fun- damental freedoms, 5 (…)

3. Adopt measures, as appropriate, to encourage education on gender equality, human rights and non-violent behaviour thus contributing to the prevention of all forms of violence against women

241 5.2 Equal Rights of Men and Women

and girls, which can include: harmful practices, sexual violence, domestic violence, as well as sex- ual harassment; (…)

Milan 2018 (Decision 5/18 on Human Capital Development in the Digital Era) (…)

Tirana 2020 (Decision No. 6/20 on Prevent and Combating Corruption through Digitalization and Increased Transparency) (…)

Acknowledging the need to increase efforts to effectively prevent and combat corruption, includ- ing through digitalization, while upholding the rule of law and protecting human rights, (…)

1. Calls upon participating States to prevent and combat corruption by: (…)

242 5.3 Combating Acts Motivated by Prejudice, Intolerance and Hatred

(m) Promoting the full, equal and meaningful participation of women in the development and implementation of relevant anti-corruption activities, with the view to achieving gender equal- ity, and taking into account that corruption disproportionately affects women and the vulnerable;

5.3 Combating Acts Motivated by Prejudice, Intolerance and Hatred

5.3.1 General Provisions

Copenhagen 1990

They declare their firm intention to intensify the efforts to combat these phenomena in all their forms and therefore will (…) (40.2) – commit themselves to take appropriate and proportionate measures to protect persons or groups who may be subject to threats or acts of discrimination, hostility or violence as a result of their racial, ethnic, cultural, linguistic or religious identity, and to protect their property;

Paris 1990 (Charter of Paris for a New Europe) (…)

We express our determination to combat all forms of racial and ethnic hatred, antisemitism, xen- ophobia and discrimination against anyone as well as persecution on religious and ideological grounds. (…)

Cracow 1991 (…)

The participating States express their deeply held conviction that they share common values forged by history and based, inter alia, on respect for the individual, freedom of conscience, religion or belief, freedom of expression, recognition of the importance of spiritual and cultural values, com- mitment to the rule of law, tolerance and openness to dialogue with other cultures. 5 (…)

The participating States respect the irreplaceable uniqueness of all their cultures and will endeav- our to promote continued cultural dialogue among themselves and with the rest of the world. They reaffirm their belief that respect for cultural diversity promotes understanding and tolerance among individuals and groups. (…)

243 5.3.1 General Provisions

Helsinki 1992 (Summit Declaration)

12. (…) we reject racial, ethnic and religious discrimination in any form. Freedom and tolerance must be taught and practised.

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(30) Express their concern over recent and flagrant manifestations of intolerance, discrimination, aggressive nationalism, xenophobia, anti-semitism and racism and stress the vital role of tolerance, understanding and co-operation in the achievement and preservation of stable democratic societies;

Rome 1993 (Decisions: X. Declaration on Aggressive Nationalism, Racism, Chauvinism, Xenophobia and Anti-Semitism)

2. The Ministers also noted that these phenomena can lead to violence, secessionism by the use of force and ethnic strife, and in their worst instances to the barbaric practices of mass deportation, ethnic cleansing and violence against innocent civilians.

3. Aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism create ethnic, politi- cal and social tensions within and between States. They also undermine international stability and worldwide efforts to place universal human rights on a firm foundation.

4. The Ministers focused attention on the need for urgent action to enforce the strict observance of the norms of international humanitarian law, including the prosecution and punishment of those guilty of war crimes and other crimes against humanity.

5. The Ministers agreed that the CSCE must play an important role in these efforts. The clear stand- ards of behaviour reflected in CSCE commitments include active support for the equal rights of all individuals in accordance with international law and for the protection of national minorities.

Budapest 1994 (Decisions: VIII. The Human Dimension: Tolerance and non-discrimination)

25. The participating States condemn manifestations of intolerance, and especially of aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism, and will continue to promote effective measures aimed at their eradication (…) They condemn all crimes committed in the pur- suit of so-called “ethnic cleansing” and will continue to give their effective support to the Interna- tional War Crimes Tribunal for the former Yugoslavia in The Hague.

26. They commend the Council of Europe’s plan of action on racism, xenophobia, anti-semitism and intolerance. In following up the Rome Council’s Declaration, CSCE institutions will explore possibilities for joint work with the Council of Europe, as well as the United Nations and other international organizations.

244 5.3.1 General Provisions

Lisbon 1996 (Summit Declaration)

9. (...) Among the acute problems within the human dimension, the continuing violations of human rights, such as (...) manifestations of aggressive nationalism, racism, chauvinism, xenophobia and anti-Semitism, continue to endanger stability in the OSCE region. We are committed to contin- uing to address these problems.

Istanbul 1999 (Charter for European Security: IV. Our Common Response)

19. (…) We commit ourselves to counter such threats to security as violations of human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief and mani- festations of intolerance, aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism. (…)

22. We reject any policy of ethnic cleansing or mass expulsion. (…)

Bucharest 2001 (Annex to Decision 1 on Combating Terrorism; The Bucharest Plan of Action for Combating Terrorism)

11. Promoting human rights, tolerance and muti-culturalism: Participating States/Permanent Coun- cil/ODIHR/High Commissioner on National Minorities (HCNM)/Representative on Freedom of the Media: Will promote and enhance tolerance, co-existence and harmonious relations between ethnic, religious, linguistic and other groups as well as constructive co-operation among partici- pating States in this regard. Will provide early warning of and appropriate responses to violence, intolerance, extremism and discrimination against these groups and, at the same time, promote their respect for the rule of law, democratic values and individual freedoms. Will work to ensure that persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity.

Porto 2002 (Decision No. 6 on Tolerance and Non-Discrimination)

The Ministerial Council, (…) 5 Reiterating that democracy and protection of human rights and fundamental freedoms are essen- tial safeguards of tolerance and non-discrimination and constitute important factors for stability, security, co-operation and peaceful development throughout the entire OSCE region, and that con- versely tolerance and non-discrimination are important elements in the promotion of human rights (…)

245 5.3.1 General Provisions

Noting that promoting tolerance and non-discrimination can also contribute to eliminating the basis for hate speech and aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism,

Recognizing the responsibility of participating States for promoting tolerance and non-discrim- ination,

1.(a) Condemns in strongest terms all manifestations of aggressive nationalism, racism, chauvin- ism, xenophobia, anti-Semitism and violent extremism, as well as hate speech and occurrences of discrimination based on religion or belief; (…)

2. Decides to intensify efforts to maintain and strengthen tolerance and non-discrimination, with the assistance of OSCE institutions and in co-operation with relevant international organizations and civil society, by such means as the exchanges of information and best practice; (…)

5. Condemns, in particular, discrimination on religious grounds and undertakes to endeavour to prevent and protect against attacks directed at any religious group, whether on persons or on places of worship or religious objects;

6. Condemns in particular the recent increase in anti-Semitic incidents in the OSCE area, rec- ognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom;

7. Also condemns the recent increase in acts of discrimination and violence against Muslims in the OSCE area and rejects firmly the identification of terrorism and extremism with a particular religion or culture;

8. Decides to take strong public positions against hate speech and other manifestations of aggres- sive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as occurrences of discrimination based on religion or belief;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

Threats to security and stability in the twenty-first century (…)

12. Practices related to discrimination and intolerance both threaten the security of individuals and may give rise to wider-scale conflict and violence. They can have their root in issues such as ethnic and religious tensions, aggressive nationalism, chauvinism and xenophobia, and may also stem from racism, anti-Semitism and violent extremism, as well as lack of respect for the rights of persons belonging to national minorities.

13. The mobility of migrant populations and the emergence of societies with many coexisting cul- tures in all parts of the OSCE region present growing opportunities as well as challenges. Failure

246 5.3.1 General Provisions

to integrate societies and failure also by everyone who resides in them to respect the rights of all can undermine stability. (…)

Addressing threats related to discrimination and intolerance

36. Discrimination and intolerance are among the factors that can provoke conflicts, which under- mine security and stability. Based on its human dimension commitments, the OSCE strives to promote conditions throughout its region in which all can fully enjoy their human rights and fundamental freedoms under the protection of effective democratic institutions, due judicial pro- cess and the rule of law. This includes secure environments and institutions for peaceful debate and expression of interests by all individuals and groups of society. Civil society has an impor- tant role to play in this regard, and the OSCE will continue to support and help strengthen civil society organizations. (…)

38. The participating States and OSCE bodies and institutions are committed to stepping up their efforts to counter threats arising from discrimination and intolerance. Harmonious rela- tions between ethnic, religious, linguistic and other groups and the rights of persons belonging to national minorities will be actively promoted (…) Violence, intolerance, extremism and discrim- ination against these groups, including migrant workers, asylum seekers and other immigrants, must be counteracted and persons responsible for such actions held accountable. At the same time, the respect of persons belonging to such groups for the rule of law, democratic values and indi- vidual freedoms is essential.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

Reaffirming its commitment to promote tolerance and combat discrimination, and its concern about all manifestations of aggressive nationalism, racism, chauvinism, xenophobia, anti-Semi- tism and violent extremism in all participating States, as well as discrimination based, inter alia, on race, color, sex, language, religion or belief, political or other opinion, national or social ori- gin, property, birth or other status,

Urging the relevant authorities in all participating States to continue to condemn publicly, at the appropriate level and in the appropriate manner, violent acts motivated by discrimination and intolerance, 5 Affirming its commitment to increase its efforts for the promotion of tolerance and non-discrim- ination in all fields (…)

8. Recognizes the need to combat hate crimes, which can be fuelled by racist, xenophobic, and anti-Semitic propaganda on the internet (…)

247 5.3.1 General Provisions

laws, regulations, practices and policies. Encourages the participating States to seek the assistance of the ODIHR and its Panel of Experts on Freedom of Religion or Belief (…)

11. Undertakes to combat discrimination against migrant workers. Further undertakes to facili- tate the integration of migrant workers into the societies in which they are legally residing. Calls on the ODIHR to reinforce its activities in this respect;

13. Takes into account the UN Guiding Principles on Internal Displacement as a useful frame- work for the work of the OSCE and the endeavours of participating States in dealing with inter- nal displacement (…)

15. Decides to intensify the co-operation of the OSCE with relevant international organizations such as the United Nations, the Council of Europe and the European Union, as well as with civil society and relevant non-governmental organizations to promote tolerance and non-discrimination (…)

Sofia 2004 (Ministerial Declaration on the Sixtieth Anniversary of the End of World War II)

We have learned from history the danger of intolerance, discrimination, extremism and hatred on ethnic, racial and religious grounds. We are committed to combat these threats, including through the OSCE, and we reject any attempts to justify them.

We strongly condemn any denial of the Holocaust. We condemn all forms of ethnic cleansing. We confirm our adherence to the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948. We call on the participating States to take every possible action to ensure that attempts to commit genocide are prevented today and in the future. The per- petrators of such crimes should be brought to justice.

Sofia 2004 (Decision No. 12/04 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

2. Endorses the Permanent Council Decisions on Combating Anti-Semitism (PC.DEC/607) and on Tolerance and the Fight against Racism, Xenophobia and Discrimination (PC.DEC/621) and the Permanent Council Decision on Promoting Tolerance and Media Freedom on the Internet (PC. DEC/633), annexed to this decision;

3. Further decides to intensify efforts for the implementation of these three decisions, which include commitments in the fields of, inter alia, education, media, legislation, law enforcement, migra- tion and religious freedom; (…)

248 5.3.1 General Provisions

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 607: Combating Anti-Semitism)

The Permanent Council, (…)

In order to reinforce our common efforts to combat anti-Semitism across the OSCE region,

Decides,

1. The participating States commit to: • Strive to ensure that their legal systems foster a safe environment free from anti-Semitic harass- ment, violence or discrimination in all fields of life; • Combat hate crimes, which can be fuelled by racist, xenophobic and anti-Semitic propaganda in the media and on the Internet; • Encourage and support international organization and NGO efforts in these areas (…) (…) • Work with the OSCE Parliamentary Assembly to determine appropriate ways to review period- ically the problem of anti-Semitism; • Encourage development of informal exchanges among experts in appropriate fora on best prac- tices and experiences in law enforcement and education; (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination)

The Permanent Council, (…)

In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,

Decides,

1. The participating States commit to: (…) 5 • Take steps to combat acts of discrimination and violence against Muslims in the OSCE area; • Take steps, in conformity with their domestic law and international obligations, against discrim- ination, intolerance and xenophobia against migrants and migrant workers; • Consider undertaking activities to raise public awareness of the enriching contribution of migrants and migrant workers to society; • Combat hate crimes, which can be fuelled by racist, xenophobic and anti-Semitic propaganda in the media and on the Internet, and appropriately denounce such crimes publicly when they occur; (…)

249 5.3.1 General Provisions

• Encourage and support international organization and NGO efforts in these areas; (…) • Examine the possibility of establishing within countries appropriate bodies to promote toler- ance and to combat racism, xenophobia, discrimination or related intolerance, including against Muslims. and anti-Semitism; (…) • Work with the OSCE Parliamentary Assembly to determine appropriate ways to review period- ically the problems of racism, xenophobia and discrimination; • Encourage development of informal exchanges among experts in appropriate fora on best prac- tices and experiences in law enforcement and education; (…)

Ljubljana 2005 (Decision No. 10/05 Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Recalling the importance of promoting and facilitating intercultural and interfaith dialogue and partnerships aimed at tolerance, mutual respect and understanding, at both the national and the international levels, (…)

3. Rejects the identification of terrorism and violent extremism with any religion or belief, culture, ethnic group, nationality or race; (…)

4. Decides that the OSCE should continue to raise awareness and develop measures to counter prejudice, intolerance and discrimination, while respecting human rights and fundamental free- doms, including the freedom of thought, conscience, religion or belief, for all without distinction as to inter alia race, colour, sex, language, religion or belief, political or other opinion, national or social origin, property, birth or other status; (…)

Brussels 2006 (Decision No. 13/06 Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Acknowledging that the promotion of a culture of mutual respect, understanding and equality and the pursuit of equal opportunities for effective participation in democratic societies requires a systematic, comprehensive and longterm approach,

Deeply concerned by racist, xenophobic and discriminatory public discourse, (…)

250 5.3.1 General Provisions

Acknowledging the essential role civil society can play in combating intolerance and discrimina- tion and promoting mutual respect and understanding,

Being alarmed at any rise of political parties, movements and groups advocating violence,

Also being concerned, in this context, at violent manifestations of extremism associated with rac- ism, xenophobia, anti-Semitism, aggressive nationalism and neoNazism,

Recalling the contribution of the OSCE to the UN Alliance of Civilizations Initiative with the goal of forging collective political will and mobilizing concerted action at the institutional and civil society levels to promote mutual respect and understanding, and noting the HighLevel Group’s report, presented to the UN SecretaryGeneral on 13 November 2006 in Istanbul, which aims at establishing, under the auspices of the UN, partnerships between international organizations that share the goals of the Alliance of Civilizations, (…)

3. Encourages the participating States to recognize the positive contribution that all individuals can make to the harmonious pluralistic character of our societies by promoting policies focusing on equality of opportunity, rights, access to justice and public services, and on fostering dialogue and effective participation; (…)

8. Deplores racist, xenophobic and discriminatory public discourse, and stresses that political rep- resentatives can play a positive role in the overall promotion of mutual respect and understand- ing and have a significant impact in defusing tensions within societies, by speaking out against hatemotivated acts and incidents and by recognizing the positive contributions that all individu- als can make to a harmonious pluralistic society; (…)

12. Decides that the participating States should engage more actively in encouraging civil society’s activities through effective partnerships and strengthened dialogue and cooperation between civil society and State authorities in the sphere of promoting mutual respect and understanding, equal opportunities and inclusion of all within society and combating intolerance, including by estab- lishing local, regional or national consultation mechanisms where appropriate; 5 (…)

16. Looks forward to UN action on the report of the High Level Group of the Alliance of Civili- zations Initiative with a view to considering an appropriate OSCE contribution towards its imple- mentation.

251 5.3.1 General Provisions

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Underscoring that the primary responsibility for addressing acts of intolerance and discrimina- tion rests with participating States, including their political representatives, (…)

Recognizing that manifestations of intolerance and discrimination can undermine the efforts to protect the rights of individuals, including migrants, refugees and persons belonging to national minorities and stateless persons, (…)

1. Calls for continued efforts by political representatives, including parliamentarians, strongly to reject and condemn manifestations of racism, xenophobia, antiSemitism, discrimination and intolerance, including against Christians, Jews, Muslims and members of other religions, as well as violent manifestations of extremism associated with aggressive nationalism and neo-Nazism, while continuing to respect freedom of expression;

2. Underlines the continued need for participating States to (…) strengthen cooperation with civil society; (…)

5. Calls on participating States to increase their efforts, in co-operation with civil society to coun- ter the incitement to imminent violence and hate crimes, including through the Internet, within the framework of their national legislation, while respecting freedom of expression, and under- lines at the same time that the opportunities offered by the Internet for the promotion of democ- racy, human rights and tolerance education should be fully exploited; (…)

7. Calls on participating States to protect migrants legally residing in host countries and persons belonging to national minorities, stateless persons and refugees from racism, xenophobia, discrim- ination and violent acts of intolerance and to elaborate or strengthen national strategies and pro- grammes for the integration of regular migrants, which also requires active engagement of the latter; (…)

9. Commits to ensure efficient follow-up on the work done so far by the participating States and relevant OSCE institutions, particularly ODIHR through its Tolerance and NonDiscrimination programme, to promote within their mandates tolerance and nondiscrimination, underlining the importance of implementing the existing OSCE commitments taking into account the experience and expertise of other relevant international and regional organizations in this field in order to avoid duplication (…);

252 5.3.1 General Provisions

10. Encourages the establishment of national institutions or specialized bodies by the participating States which have not yet done so, to combat intolerance and discrimination as well as the devel- opment and implementation of national strategies and action plans in this field, drawing on the expertise and assistance of the relevant OSCE institutions, based on existing commitments, and the relevant international agencies, as appropriate;

11. Decides to consider an appropriate OSCE contribution to the implementation phase of the Alli- ance of Civilizations’ High-Level Group recommendations, taking into account the Implementa- tion Plan prepared by the United Nations High Representative for the Alliance of Civilizations, and recommends that the OSCE Secretary General, in consultation with the Chairman-in-Office, attends the upcoming first Annual Forum of the Alliance in Madrid and reports on its outcome to the participating States. (…)

Helsinki 2008 (Decision No. 8/08 on OSCE Contribution to the Implementation Phase of the Alliance of Civilizations Initiative)

The Ministerial Council,

Recognizing the need to promote mutual understanding and co operative relations among nations across cultures and civilizations,

Resolved to counter radicalization and violent extremism that lead to terrorism,

Underlining the role of the OSCE as a regional arrangement under Chapter VIII of the United Nations Charter,

Highlighting the continued interest of the OSCE in the “Alliance of Civilizations” initiative, estab- lished under the auspices of the United Nations, in line with the Ljubljana, Brussels and Madrid Ministerial Council decisions,

Reiterating our commitments to combating intolerance and discrimination and to promoting mutual respect an understanding,

Recalling the initial contribution of the OSCE to the Alliance of Civilizations initiative, presented to the UN Secretary General in 2006,

Taking into account the Implementation Plan prepared by the United Nations High Representa- tive for the Alliance of Civilizations initiative,

Decides, within existing resources, to: 5 1. Authorize the OSCE Secretary General to follow the evolution of the Alliance of Civilizations, to consider co-operation on Alliance of Civilizations projects in areas of common interest and mutual benefit that advance implementation of OSCE commitments, and tasks him to report to participating States; (…)

253 5.3.1 General Provisions

Athens 2009 (Decision No. 5/09 on Migration Management)

The Ministerial Council, (…)

1. Encourages the participating States to continue to work on migration management by: (…) • Respecting the human rights of migrants and increasing efforts to combat discrimination, intol- erance and xenophobia towards migrants and their families; (…)

Athens 2009 (Decision No. 9/09 on Combating Hate Crimes)

The Ministerial Council, (…)

Concerned by hate crimes throughout the OSCE region and acknowledging the need for co-opera- tion to combat such crimes effectively, and taking note of the ODIHR report entitled “Hate Crimes in the OSCE Region – Incidents and Responses”, as tasked by the participating States, (…)

Acknowledging that hate crimes are criminal offences committed with a bias motive,

Taking note of the UN Global Counter-Terrorism Strategy adopted on 8 September 2006 by the UN General Assembly, which outlines a comprehensive global approach towards countering ter- rorism by addressing not only its manifestations, but also the conditions conducive to its spread, and recognizing the role hate crimes, discrimination and intolerance can play in fuelling violent extremism and radicalization that lead to terrorism, (…)

Recognizing that the global economic downturn may increase incidents of hate crimes in the OSCE area,

Acknowledging that victims of hate crimes may belong to both minority and majority communities, (…)

Calls on the participating States to: (…)

5. In co-operation with relevant actors, explore ways to provide victims of hate crimes with access to counselling, legal and consular assistance as well as effective access to justice; (…)

8. Conduct awareness raising and education efforts, particularly with law enforcement authorities, directed towards communities and civil society groups that assist victims of hate crimes; (…)

254 5.3.1 General Provisions

10. Consider drawing on resources developed by the ODIHR in the area of education, training and awareness raising to ensure a comprehensive approach to the tackling of hate crimes;

11. Calls on the participating States to seek opportunities to co-operate and thereby address the increasing use of the Internet to advocate views constituting an incitement to bias-motivated vio- lence including hate crimes and, in so doing, to reduce the harm caused by the dissemination of such material, while ensuring that any relevant measures taken are in line with OSCE commit- ments, in particular with regard to freedom of expression; (…)

Astana 2010

7. Serious threats and challenges remain. (…) Greater efforts must be made to promote freedom of religion or belief and to combat intolerance and discrimination. (…)

Basel 2014 (Declaration on enhancing efforts to combat anti-Semitism)

We, the members of the Ministerial Council of the Organization for Security and Co-operation in Europe, recall the OSCE Conference on Anti-Semitism held in Berlin in 2004, at which the OSCE participating States condemned all manifestations of anti-Semitism and committed themselves to common efforts to combat anti-Semitism throughout the OSCE area.

We express our concern at the disconcerting number of anti-Semitic incidents that continue to take place in the OSCE area and remain a challenge to stability and security.

We reject and condemn manifestations of anti-Semitism, intolerance and discrimination against Jews.

We recall the commitment to respect human rights and fundamental freedoms for all without distinction to race, sex, language or religion, as enshrined in the provision of the Helsinki Final Act of 1975. (…)

We acknowledge the essential contribution made by civil society to preventing and responding to anti-Semitism, including by their active participation in the relevant OSCE and OSCE-related events, in particular during the high-level commemorative event on the 10th anniversary of the OSCE’s Berlin conference on anti-Semitism in 2014.

We stress the importance of States collaborating with civil society through effective partnerships 5 and strengthened dialogue and co-operation on combating anti-Semitism.

We declare unambiguously that international developments, including with regard to the situa- tion in the Middle East, never justify anti-Semitism.

We call on political, religious and civil society leaders to engage in open discussions with a view to combating and preventing anti-Semitism while fully respecting fundamental freedoms and human rights.

255 5.3.1 General Provisions

We call upon the participating States to: • Encourage political leaders and public figures to speak out strongly and promptly when anti-Se- mitic incidents occur; • Promote educational programmes for combating anti-Semitism and provide young people with opportunities for human rights education including on the subject of anti-Semitism; • Increase efforts to implement existing OSCE commitments related to monitoring hate crimes and collecting relevant data, including motivated by anti-Semitism; • Investigate effectively, promptly and impartially acts of violence motivated by anti-Semitism and prosecute those responsible; • Promote and facilitate open and transparent intercultural, interfaith and interreligious dia- logue and partnerships; • Encourage the inclusion of religious and belief communities in public discussions of pertinent legislative initiatives;

We call upon the ODIHR to: • Offer to participating States best practices on efforts to counter anti-Semitism, including by consulting civil society, to effectively identify and address contemporary manifestations of anti-Semitism; • Facilitate co-operation between governmental officials and civil society on issues related to anti-Semitism, including hate crime and Holocaust remembrance; • Assist participating States in their efforts to collect data on anti-Semitic hate crimes, in co-op- eration with civil society, as appropriate; • Facilitate the exchange of best practices among participating States on educational initiatives and other measures to raise awareness of anti-Semitism and overcome challenges to Holocaust education; • Promote dialogue and strengthen the capacity of civil society to foster mutual respect and understanding in order to advance the cause of co-operation between different communities.

We highlight the work of the three Personal Representatives on tolerance issues in support of over- all efforts of the OSCE to combat intolerance and discrimination, in particular through their coun- try visits, the resulting recommendations and their reporting to the OSCE Permanent Council.

We encourage the participating States to elaborate Ministerial Council Declarations on enhanc- ing efforts to combat intolerance and discrimination, including against Muslims, Christians and members of other religions.

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Strongly condemning manifestations of intolerance, including on the basis of religion or belief, reaffirming the will of participating States to foster tolerance and non-discrimination, mutual respect and understanding in their societies, and reaffirming our commitment to promote and protect human rights and fundamental freedoms, including freedom of expression and freedom of thought, conscience, religion or belief,

256 5.3.2 International Instruments

Expressing deep concern at the fact that some serious crimes committed by terrorists or terrorist groups, including foreign terrorist fighters, have targeted persons and groups on the basis of their ethnicity, religion or belief, and noting the role that discrimination and intolerance can play in fuelling violent extremism and radicalization that lead to terrorism, Underscoring the commit- ment of participating States to take the measures needed to protect everyone within their juris- diction against terrorist acts, and to take resolute action to counter terrorism and foreign terrorist fighters, (…), in support of our relevant OSCE commitments, and in compliance with applicable obligations under international law, including international human rights law, international ref- ugee law and international humanitarian law,

5.3.2 International Instruments

Copenhagen 1990

(40) (…) [The participating States] (…) will (40.6) consider adhering, if they have not yet done so, to the international instruments which address the problem of discrimination and ensure full compliance with the obligations therein, including those relating to the submission of periodic reports; (40.7) consider, also, accepting those international mechanisms which allow States and individu- als to bring communications relating to discrimination before international bodies.

Helsinki 1992 (Decisions: VI. The Human Dimension)

[The participating States]

(32) Will consider adhering to the International Convention on the Elimination of All Forms of Racial Discrimination, if they have not already done so;

Sofia 2004 (Ministerial Declaration on the Sixtieth Anniversary of the End of World War II)

(…) We confirm our adherence to the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948 (…)

5.3.3 Legislation and Enforcement of Laws and Policies

Copenhagen 1990

(40) (…) [The participating States] (…) will 5 (40.1) take effective measures, including the adoption, in conformity with their constitutional sys- tems and their international obligations, of such laws as may be necessary, to provide protection against any acts that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious discrimination, hostility or hatred, including anti-semitism; (…) (40.3) take effective measures, in conformity with their constitutional systems, at the national, regional and local levels to promote understanding and tolerance, particularly in the fields of edu- cation, culture and information;

257 5.3.3 Legislation and Enforcement of Laws and Policies

(…) (40.5) recognize the right of the individual to effective remedies and endeavour to recognize, in conformity with national legislation, the right of interested persons and groups to initiate and sup- port complaints against acts of discrimination, including racist and xenophobic acts;

Helsinki 1992 (Decisions: VI. The Human Dimension)

[The participating States]

(33) Will consider taking appropriate measures within their constitutional framework and in con- formity with their international obligations to assure to everyone on their territory protection against discrimination on racial, ethnic and religious grounds, as well as to protect all individuals, includ- ing foreigners, against acts of violence, including on any of these grounds. Moreover, they will make full use of their domestic legal processes, including enforcement of existing laws in this regard; (…)

Budapest 1994 (Decisions: VIII. The Human Dimension)

25. The participating States condemn manifestations of intolerance, and especially of aggressive nationalism, racism, chauvinism, xenophobia and anti-semitism, and will continue to promote effective measures aimed at their eradication (…) They will seek to strengthen or adopt appro- priate legislation to this end and take the necessary measures to ensure that existing legislation is effectively implemented, in a way that would deter manifestations of these phenomena. They also stress that action to combat these phenomena should be seen as an integral part of integra- tion policy and education.

Porto 2002 (V. Decision No. 6 on Tolerance and Non-discrimination)

The Ministerial Council,

9. Calls on relevant authorities of participating States to investigate promptly and impartially acts of violence, especially where there are reasonable grounds to suspect that they were motivated by aggressive nationalism, racism, chauvinism, xenophobia, anti-Semitism and violent extremism, as well as attacks motivated by hatred against a particular religion or belief, and to prosecute those responsible in accordance with domestic law and consistent with relevant international standards of human rights; (…)

Maastricht 2003 (Annex to Decision No. 3/03, Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area)

In order to counter prejudice (…) and to effectively elaborate and implement policies to combat discrimination and racial violence, the following actions are recommended:

Legislation and law enforcement

Recommended action by participating States:

258 5.3.3 Legislation and Enforcement of Laws and Policies

9. The anti-discrimination legislation should ensure: • Prohibition of both direct and indirect racial discrimination; • Imposition of effective, proportionate and dissuasive sanctions for discriminatory acts or practices; • Imposition of heavier sentences for racially motivated crimes by both private individuals and public officials; • Equal access to effective remedies (judicial, administrative, conciliation or mediation procedures).

10. It should be ensured that national legislation prohibits all kinds of discriminatory acts and that all cases of suspected discrimination are thoroughly and objectively investigated.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

6. (…) Recognizing the importance of legislation to combat hate crimes, participating States will inform the ODIHR about existing legislation regarding crimes fuelled by intolerance and dis- crimination, and, where appropriate, seek the ODIHR’s assistance in the drafting and review of such legislation; (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination) 5 The Permanent Council, (…)

In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,

Decides,

1. The participating States commit to:

259 5.3.3 Legislation and Enforcement of Laws and Policies

• Consider enacting or strengthening, where appropriate, legislation that prohibits discrimination based on, or incitement to hate crimes motivated by, race, colour, sex, language, religion, polit- ical or other opinion, national or social origin, property, birth or other status; (…) • Consider establishing training programmes for law enforcement and judicial officials on legis- lation and enforcement of legislation relating to hate crimes;

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 633: Promoting Tolerance and Media Freedom on the Internet)

The Permanent Council, (…)

Decides that: (…)

2. Participating States should investigate and, where applicable, fully prosecute violence and crim- inal threats of violence, motivated by racist, xenophobic, anti-Semitic or other related bias on the Internet;

Ljubljana 2005 (Decision No. 10/05 on Tolerance and Non-Discriminations: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

5. Decides that the participating States while implementing their commitments to promote tol- erance and nondiscrimination will focus their activities in such fields as, inter alia, legislation, law enforcement, education, media, data collection, migration and integration, religious freedom, inter-cultural and inter-faith dialogue, and commit to:

5.1 Consider increasing their efforts to ensure that national legislation, policies and practices pro- vide to all persons equal and effective protection of the law and prohibit acts of intolerance and discrimination, in accordance with relevant OSCE commitments and their relevant international obligations;

5.2 Strengthen efforts to provide public officials, and in particular law enforcement officers, with appropriate training on responding to and preventing hate crimes, and in this regard, to consider setting up programmes that provide such training, and to consider drawing on ODIHR expertise in this field and to share best practices; (…)

260 5.3.3 Legislation and Enforcement of Laws and Policies

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

7. Decides to promote capacitybuilding of law enforcement authorities through training and the development of guidelines on the most effective and appropriate way to respond to biasmotivated crime, to increase a positive interaction between police and victims and to encourage reporting by victims of hate crime, i.e., training for frontline officers, implementation of outreach programmes to improve relations between police and the public and training in providing referrals for victim assistance and protection; (…)

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Recognizing the role that national parliaments play by enacting hate crime and antidiscrimina- tion legislation (…), (…)

Acknowledging the specificity of different forms of intolerance, while at the same time recogniz- ing the importance of taking a comprehensive approach and addressing crosscutting issues in such fields as, inter alia, legislation, law enforcement, (…) in order to effectively combat all forms of discrimination, (…)

2. Underlines the continued need for participating States to (…) to train relevant law enforcement officers (…); (…)

8. Encourages participating States to share best practices in their legislation (…) that help to fos- ter inclusive societies based on respect for cultural and religious diversity, human rights and dem- ocratic principles; (…) 5 Athens 2009 (Decision No. 9/09 on Combating Hate Crimes)

The Ministerial Council, (…)

Calls on the participating States to: (…)

261 5.3.4 Data Collection and Monitoring

2. Enact, where appropriate, specific, tailored legislation to combat hate crimes, providing for effec- tive penalties that take into account the gravity of such crimes; (…)

4. Introduce or further develop professional training and capacity-building activities for law-en- forcement, prosecution and judicial officials dealing with hate crimes;

5. In co-operation with relevant actors, explore ways to provide victims of hate crimes with access to counselling, legal and consular assistance as well as effective access to justice;

6. Promptly investigate hate crimes and ensure that the motives of those convicted of hate crimes are acknowledged and publicly condemned by the relevant authorities and by the political leadership;

7. Ensure co-operation, where appropriate, at the national and international levels, including with relevant international bodies and between police forces, to combat violent organized hate crime;

8. Conduct awareness raising and education efforts, particularly with law enforcement authorities, directed towards communities and civil society groups that assist victims of hate crimes; (…)

Basel 2014 (Declaration on enhancing efforts to combat anti-Semitism)

We call upon the participating States to:

Investigate effectively, promptly and impartially acts of violence motivated by anti-Semitism and prosecute those responsible;

5.3.4 Data Collection and Monitoring

Geneva 1991 (VI)

Moreover, in order to heighten public awareness of prejudice and hatred, to improve enforcement of laws against hate-related crime and otherwise to further efforts to address hatred and preju- dice in society, [the participating States] will make efforts to collect, publish on a regular basis, and make available to the public, data about crimes on their respective territories that are based on prejudice as to race, ethnic identity or religion, including the guidelines used for the collection of such data. These data should not contain any personal information.

Istanbul 1999 (Charter for European Security: IV. Our Common Institutions)

44. We will work to enhance the OSCE’s role in civilian police-related activities (…) Such activi- ties may comprise:

• Police monitoring, including with the aim of preventing police from carrying out such activities as discrimination based on religious and ethnic identity; (…)

262 5.3.4 Data Collection and Monitoring

• Creating a police service with a multi-ethnic and/or multi-religious composition that can enjoy the confidence of the entire population;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

41. Full use will be made of ODIHR’s monitoring capacity, and operational co-operation with other monitoring bodies in such areas as data collection, information sharing and joint analysis will be promoted in order to have the fullest picture of developments. This will enable the OSCE to effi- ciently target work towards areas of highest priority.

Maastricht 2003 (Decision No. 4/03 on Tolerance and Non-discrimination)

The Ministerial Council, (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 607: Combating Anti-Semitism)

The Permanent Council, (…)

In order to reinforce our common efforts to combat anti-Semitism across the OSCE region,

Decides,

1. The participating States commit to: • Collect and maintain reliable information and statistics about anti-Semitic crimes, and other hate crimes, committed within their territory, report such information periodically to the OSCE Office for Democratic Institutions and Human Rights (ODIHR), and make this information available to the public;

In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,

Decides,

263 5.3.4 Data Collection and Monitoring

1. The participating States commit to: (…) • Collect and maintain reliable information and statistics about hate crimes motivated by rac- ism, xenophobia and related discrimination and intolerance, committed within their territory, report such information periodically to the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and make this information available to the public;

Ljubljana 2005 (Decision No. 10/05 on Tolerance and Non-Discriminations: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

5.5 Strengthen efforts to collect and maintain reliable information and statistics on hate crimes and legislation within their territories, to report such information periodically to the ODIHR, and to make this information available to the public and to consider drawing on ODIHR assis- tance in this field, and in this regard, to consider nominating national points of contact on hate crimes to the ODIHR; (…)

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

11. Encourages the participating States to step up their efforts in implementing their commitments to collect and maintain reliable data and statistics on hate crimes which are essential for effective policy formulation and appropriate resource allocation in countering hatemotivated incidents and, in this context, also invites the participating States to facilitate the capacity development of civil society to contribute in monitoring and reporting hatemotivated incidents and to assist vic- tims of hate crimes; (…)

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

264 5.3.4 Data Collection and Monitoring

Acknowledging the specificity of different forms of intolerance, while at the same time recogniz- ing the importance of taking a comprehensive approach and addressing crosscutting issues in such fields as, inter alia, (…) data collection and monitoring of hate crimes (…), in order to effectively combat all forms of discrimination, (…)

2. Underlines the continued need for participating States to collect and maintain reliable data and statistics on hate crimes and incidents, to train relevant law enforcement officers and to strengthen cooperation with civil society; (…)

Athens 2009 (Decision No. 9/09 on Combating Hate Crimes)

The Ministerial Council, (…)

Acknowledging the need for more consistent, comprehensive and comparable data on hate crimes, highlighted inter alia in the ODIHR report, (…)

Calls on the participating States to:

1. Collect, maintain and make public, reliable data and statistics in sufficient detail on hate crimes and violent manifestations of intolerance, including the numbers of cases reported to law enforce- ment, the numbers prosecuted and the sentences imposed. Where data-protection laws restrict collection of data on victims, States should consider methods for collecting data in compliance with such laws; (…)

3. Take appropriate measures to encourage victims to report hate crimes, recognizing that under-re- porting of hate crimes prevents States from devising efficient policies. In this regard, explore, as complementary measures, methods for facilitating, the contribution of civil society to combat hate crimes; (…)

9. Nominate, if they have not yet done so, a national point of contact on hate crimes to periodically report to the ODIHR reliable information and statistics on hate crimes; (…) 5 Basel 2014 (Declaration on enhancing efforts to combat anti-Semitism)

We call upon the participating States to:

Increase efforts to implement existing OSCE commitments related to monitoring hate crimes and collecting relevant data, including motivated by anti-Semitism;

We call upon the ODIHR to:

265 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Assist participating States in their efforts to collect data on anti-Semitic hate crimes, in co-oper- ation with civil society, as appropriate;

5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Helsinki 1975 (Questions Relating to Security in Europe: 1. (b) Matters Related to Giving Effect to Certain of the Above Principles)

(i) The participating States, (…)

Declare that they are resolved to respect and carry out, in their relations with one another, inter alia, the following provisions which are in conformity with the Declaration on Principles Guid- ing Relations between Participating States: (…) • To promote, by all means which each of them considers appropriate, a climate of confidence and respect among peoples consonant with their duty to refrain from propaganda for wars of aggression or for any threat or use of force inconsistent with the purposes of the United Nations and with the Declaration on Principles Guiding Relations between Participating States, against another participating State.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(16) In order to ensure the freedom of the individual to profess and practise religion or belief, the participating States will, inter alia, (…) (16.2) foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers;

Vienna 1989 (Co-operation in Humanitarian and Other Fields; Co-operation and Exchanges in the Field of Culture)

(61) Taking duly into account the originality and diversity of their respective cultures, they will encourage efforts to explore common features and to foster greater awareness of their cultural her- itage. Accordingly they will encourage initiatives which may contribute to a better knowledge of the cultural heritage of the other participating States in all its forms, including regional aspects and folk art.

Copenhagen 1990

(36) (…) Every participating State will promote a climate of mutual respect, understanding, co-op- eration and solidarity among all persons living on its territory, without distinction as to ethnic or national origin or religion, and will encourage the solution of problems through dialogue based on the principles of the rule of law. (…)

(40) (…) [The participating States] will

266 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

(…) (40.3) take effective measures, in conformity with their constitutional systems, at the national, regional and local levels to promote understanding and tolerance, particularly in the fields of edu- cation, culture and information; (40.4) endeavour to ensure that the objectives of education include special attention to the problem of racial prejudice and hatred and to the development of respect for different civilizations and cultures;

Paris 1990 (A New Era of Democracy, Peace and Unity)

Cracow 1991 (Preamble)

They consider that the regional aspects of culture should in themselves constitute a factor in the understanding between peoples.

II. Culture and Heritage

18. Partnerships among diverse groups at the local, regional and national level, from both the pri- vate and the public sector, are valuable for ensuring the effective and representative preservation 5 of the cultural heritage. The preservation and interpretation of the values and the cultural herit- age of diverse groups will be enhanced with the involvement of those groups, which is conducive to the tolerance and respect for different cultures which are of paramount importance. (…)

III. Principal Areas of Preservation and Co-operation

27. Bearing in mind the important role that regional aspects of culture may play in linking peo- ple across national borders, the participating States will favour regional co-operation at the level

267 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

of local and national authorities as well as non-governmental organizations with a view to foster- ing good-neighbourly relations. (…)

31. The participating States will strive to preserve and protect those monuments and sites of remem- brance, including most notably extermination camps, and the related archives, which are them- selves testimonials to tragic experiences in their common past. Such steps need to be taken in order that those experiences may be remembered, may help to teach present and future generations of these events, and thus ensure that they are never repeated.

32. The interpretation of sensitive sites of remembrance can serve as a valuable means of promoting tolerance and understanding among people and will take into account social and cultural diversity.

Geneva 1991 (VI)

[The participating States] will take effective measures to promote tolerance, understanding, equal- ity of opportunity and good relations between individuals of different origins within their country.

Moscow 1991 (38.1) [The participating States] condemn all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia against migrant workers. They will, in conform- ity with domestic law and international obligations, take effective measures to promote tolerance, understanding, equality of opportunity and respect for the fundamental human rights of migrant workers (…)

Helsinki 1992 (Summit Declaration)

12. (…) Economic decline, social tension, aggressive nationalism, intolerance, xenophobia and eth- nic conflicts threaten stability in the CSCE area (…)

There is still much work to be done in building democratic and pluralistic societies, where diver- sity is fully protected and respected in practice. Consequently, we reject racial, ethnic and religious discrimination in any form. Freedom and tolerance must be taught and practised.

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(34) Will consider developing programmes to create the conditions for promoting non-discrimi- nation and cross-cultural understanding which will focus on human rights education, grass-roots action, cross-cultural training and research;

268 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Rome 1993 (Decisions: IV. The Human Dimension)

1. (…) Concerned by the root causes of tension stemming from historical prejudices, the Minis- ters called for efforts, inter alia, through education, to promote tolerance and consciousness of belonging to a system of common values. The Ministers stressed that implementation of human dimension commitments must be a focus of attention in the CSCE’s conflict prevention efforts.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

19. (…) We condemn violence against any minority. We pledge to take measures to promote toler- ance and to build pluralistic societies where all, regardless of their ethnic origin, enjoy full equal- ity of opportunity.

Bucharest 2001 (Annex to Decision 1 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

11. Promoting human rights, tolerance and multi-culturalism; Participating States/Permanent Council/ODIHR/High Commissioner on National Minorities (HCNM)/Representative on Free- dom of the Media: Will promote and enhance tolerance, co-existence and harmonious relations between ethnic, religious, linguistic and other groups as well as constructive co-operation among participating States in this regard (…)

Bucharest 2001 (Decision No. 5)

The Ministerial Council, (…)

Calls on participating States to promote tolerance and non-discrimination (…) through awareness raising campaigns and education; (…)

Porto 2002 (Charter on Preventing and Combating Terrorism)

21. Acknowledge the positive role the media can play in promoting tolerance and understanding among religions, beliefs, cultures and peoples (…)

Porto 2002 (Decision No.6 on Tolerance and Non-discrimination)

The Ministerial Council, 5 (…) Reiterating that democracy and protection of human rights and fundamental freedoms are essential safeguards of tolerance and non-discrimination and constitute important factors for stability, security, co-operation and peaceful development throughout the entire OSCE region, and that conversely tolerance and non-discrimination are important elements in the promotion of human rights,

Recalling the continuing work of the OSCE structures and institutions in the field of promoting human rights, tolerance, non-discrimination and multiculturalism, in particular by the human dimension meetings and activities, projects and programmes including those of participating States,

269 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Stressing the positive role of multicultural and inter-religious dialogue in creating better under- standing among nations and peoples,

Recognizing the responsibility of participating States for promoting tolerance and non-discrim- ination, (…)

1. (…) (b) Undertakes to further promote multicultural, interethnic and inter-religious dialogue in which governments and civil society will be encouraged to participate actively; (…)

4. Commits to take appropriate measures, in conformity with respective constitutional systems, at national, regional and local levels to promote tolerance and non-discrimination as well as to counter prejudices and misrepresentation, particularly in the field of education, culture and information;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

40. The OSCE’s efforts will in particular be targeted at the younger generation in order to build up their understanding of the need for tolerance and the importance of reconciliation and peaceful coexistence. Their outlook and perspective on the future are key. Where appropriate, the OSCE will therefore take on a stronger role in the field of education. An area such as human rights edu- cation would deserve particular attention.

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 607: Combating Anti-Semitism)

The Permanent Council, (…)

In order to reinforce our common efforts to combat anti-Semitism across the OSCE region,

Decides,

1. The participating States commit to: • Promote, as appropriate, educational programmes for combating anti-Semitism; • Promote remembrance of and, as appropriate, education about the tragedy of the Holocaust, and the importance of respect for all ethnic and religious groups; (…)

270 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination)

1. The participating States commit to: (…) • Promote and enhance, as appropriate, educational programmes for fostering tolerance and com- bating racism, xenophobia and discrimination; • Promote and facilitate open and transparent interfaith and intercultural dialogue and partner- ships towards tolerance, respect and mutual understanding • Encourage the promotion of tolerance, dialogue, respect and mutual understanding through the Media, including the Internet; (…)

Ljubljana 2005 (Decision No. 2/05 on Migration)

The Ministerial Council,

Reaffirming the commitments related to migration, and in particular regarding migrant workers, and other relevant commitments (…) (…)

Acknowledging (…) that successful integration policies that include respect for cultural and reli- gious diversity and promotion and protection of human rights and fundamental freedoms are a factor in promoting stability and cohesion within our societies,

Ljubljana 2005 (Decision No. 10/05 on Tolerance and Non-Discriminations: Promoting Mutual Respect and Understanding)

The Ministerial Council,

Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE comprehensive concept of security, (…)

Emphasizing the need for consistently and unequivocally speaking out against acts and mani- festations of hate, particularly in political discourse, and working in favour of tolerance, mutual respect and understanding, 5 Recalling the importance of promoting and facilitating intercultural and interfaith dialogue and partnerships aimed at tolerance, mutual respect and understanding, at both the national and the international levels, (…)

Appreciating the work of the three Personal Representatives of the ChairmaninOffice as part of the overall effort of the OSCE in combating discrimination and promoting tolerance, mutual respect and understanding and in awareness-raising,

271 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

(…)

2. Welcomes the creation of the ODIHR Programme on Tolerance and NonDiscrimination;

3. Rejects the identification of terrorism and violent extremism with any religion or belief, culture, ethnic group, nationality or race;

5.3 Encourage public and private educational programmes that promote tolerance and non-dis- crimination, and raise public awareness of the existence and the unacceptability of intolerance and discrimination, and in this regard, to consider drawing on ODIHR expertise and assistance in order to develop methods and curricula for tolerance education in general, including: • Fighting racial prejudice and hatred, xenophobia and discrimination; • Education on and remembrance of the Holocaust, as well as other genocides, recognized as such in accordance with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, and crimes against humanity; • Education on anti-Semitism in order to ensure a systematic approach to education, including curricula related to contemporary forms of antiSemitism in participating States; • Fighting prejudice, intolerance and discrimination against Christians, Muslims and members of other religions; (…)

5.6 Continue, with the support of relevant OSCE structures, institutions and field operations if necessary, to address the issue of migration and integration with respect for cultural and reli- gious diversity as part of the overall efforts by the OSCE to promote tolerance, mutual respect and understanding and to combat discrimination, as well as to promote respect for human rights and fundamental freedoms; (…)

7. Decides to make an appropriate contribution to the “Alliance of Civilizations” initiative through the promotion of inter-cultural and inter-religious dialogue and the advancement of mutual under- standing and respect as well as human rights throughout the OSCE area and in this regard tasks:

7.1 The OSCE Chairman-in-Office to inform the Secretary-General of the United Nations of this decision and of the interest of the OSCE to support the “Alliance of Civilizations” initiative;

272 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

7.2 The Secretary General, drawing on the expertise of the OSCE structures and institutions, in particular the ODIHR, to provide in co-operation with participating States an OSCE contribution to the “Alliance of Civilizations” initiative and to bring it to the attention of the Alliance of Civi- lizations HighLevel Group by the end of June 2006.

Brussels 2006 (Ministerial Statement on Migration)

5. As the phenomenon of migration has been growing, both in scope and in complexity, we encour- age all relevant OSCE institutions and structures, within their existing mandates, to continue their work on migration and integration issues in all three dimensions, in particular on the potential contribution of migration to sustainable development and codevelopment; promoting integra- tion with respect for cultural and religious diversity; addressing forced migration while respect- ing relevant international legal obligations, and combating illegal migration as well as trafficking in human beings and the exploitation, discrimination, abuse and manifestation of racism directed towards migrants, with special attention to women and children; and facilitating dialogue, part- nership and cooperation between the OSCE participating States and the Partners for Coopera- tion on migrationrelated issues. (…)

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Recognizing that manifestations of discrimination and intolerance threaten the security of indi- viduals and societal cohesion, and may give rise to widerscale conflict and violence,

Deeply concerned by racist, xenophobic and discriminatory public discourse,

Reaffirming the need for determination by the participating States in combating all acts and man- ifestations of hate, including hate crimes, recognizing that the efforts required to address them often involve a common approach, while at the same time recognizing the uniqueness of the man- ifestations and historical background of each form, (…) 5 Recognizing the work of the three Personal Representatives of the ChairmaninOffice in support of the overall effort of the OSCE to combat intolerance and discrimination and wishing a review of their contribution to this overall effort by the Chairman-in-Office, in consultation with the par- ticipating States, during the course of 2007,

Acknowledging the essential role civil society can play in combating intolerance and discrimina- tion and promoting mutual respect and understanding,

Being alarmed at any rise of political parties, movements and groups advocating violence,

273 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Also being concerned, in this context, at violent manifestations of extremism associated with rac- ism, xenophobia, anti-Semitism, aggressive nationalism and neoNazism, (…)

2. Tasks the Permanent Council to consider ways to further strengthen the effectiveness, coherence and consistency of the work of the OSCE in combating intolerance and discrimination and pro- moting mutual respect and understanding, from 2007 onwards, with a view towards more effec- tive implementation of commitments;

4. Commits to raise awareness of the value of cultural and religious diversity as a source of mutual enrichment of societies and to recognize the importance of integration with respect for cultural and religious diversity as a key element to promote mutual respect and understanding;

5. Calls upon the participating States to address the root causes of intolerance and discrimination by encouraging the development of comprehensive domestic education policies and strategies as well as through increased awarenessraising measures that: • Promote a greater understanding of and respect for different cultures, ethnicities, religions or beliefs; • Aim to prevent intolerance and discrimination, including against Christians, Jews, Muslims and members of other religions; • Promote remembrance and education about the tragedy of the Holocaust, as well as other geno- cides, recognized as such in accordance with the 1948 Convention on the Prevention and Pun- ishment of the Crime of Genocide, and crimes against humanity;

6. Acknowledges the important contribution youth can make to the fight against intolerance and discrimination and encourages the continuation and further development of good practice activ- ities such as human rights education at an early age throughout the OSCE region (…) (…)

274 5.3.5 Promotion of Tolerance, Understanding, and Respect, Including Remembrance

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Acknowledging the important role youth can play in fostering mutual respect and understanding between cultures and religions contributing to the promotion of democracy, human rights and fundamental freedoms (…), (…)

Acknowledging the specificity of different forms of intolerance, while at the same time recogniz- ing the importance of taking a comprehensive approach and addressing crosscutting issues in such fields as, inter alia, (…) education, (…) and constructive public discourse and the promotion of intercultural dialogue, in order to effectively combat all forms of discrimination, (…)

3. Encourages the promotion of educational programmes in the participating States in order to raise awareness among youth of the value of mutual respect and understanding; (…)

5. (…) underlines (...) that the opportunities offered by the Internet for the promotion of democ- racy, human rights and tolerance education should be fully exploited; (…)

8. Encourages participating States to share best practices in their legislation, policies and pro- grammes that help to foster inclusive societies based on respect for cultural and religious diver- sity, human rights and democratic principles; (…)

Athens 2009 (Decision No. 9/09 on Combating Hate Crimes)

The Ministerial Council, (…)

Recognizing the instrumental role that political representatives can play in taking the lead in com- bating intolerance and discrimination and promoting mutual respect and understanding, (…) 5

Basel 2014 (Declaration on enhancing efforts to combat anti-Semitism)

We call upon the participating States to:

Encourage political leaders and public figures to speak out strongly and promptly when anti-Se- mitic incidents occur; (…)

275 5.3.6 Role of the Media

Promote educational programmes for combating anti-Semitism and provide young people with opportunities for human rights education including on the subject of anti-Semitism;

Promote and facilitate open and transparent intercultural, interfaith and interreligious dialogue and partnerships; (…)

Encourage the inclusion of religious and belief communities in public discussions of pertinent legislative initiatives;

We call upon the ODIHR to:

Facilitate co-operation between governmental officials and civil society on issues related to anti-Sem- itism, including hate crime and Holocaust remembrance;

Assist participating States in their efforts to collect data on anti-Semitic hate crimes, in co-oper- ation with civil society, as appropriate;

Facilitate the exchange of best practices among participating States on educational initiatives and other measures to raise awareness of anti-Semitism and overcome challenges to Holocaust education;

Promote dialogue and strengthen the capacity of civil society to foster mutual respect and under- standing in order to advance the cause of co-operation between different communities. (…)

5.3.6 Role of the Media

Istanbul 1999 (Summit Declaration)

27. We commit ourselves to ensuring the freedom of the media as a basic condition for pluralis- tic and democratic societies. We are deeply concerned about the exploitation of media in areas of conflict to foment hatred and ethnic tension and the use of legal restrictions and harassment to deprive citizens of free media (…)

Porto 2002 (Charter on Preventing and Combating Terrorism)

22. Commit themselves to combat hate speech and to take the necessary measures to prevent the abuse of the media and information technology for terrorist purposes, ensuring that such meas- ures are consistent with domestic and international law and OSCE commitments;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

37. (…) While fully respecting freedom of expression, the OSCE will strive to combat hate crime which can be fuelled by racist, xenophobic and anti-Semitic propaganda on the Internet.

276 5.3.6 Role of the Media

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 621: Tolerance and the Fight against Racism, Xenophobia and Discrimination)

The Permanent Council, (…)

In order to reinforce our common efforts to fight manifestations of intolerance across the OSCE region,

Decides,

1. The participating States commit to: (…) • Encourage the promotion of tolerance, dialogue, respect and mutual understanding through the Media, including the Internet; (…)

Sofia 2004 (Annex to Decision No. 12/04 on Tolerance and Non-discrimination; Permanent Council Decision No. 633: Promoting Tolerance and Media Freedom on the Internet)

The Permanent Council, (…)

Decides that:

1. Participating States should take action to ensure that the Internet remains an open and public forum for freedom of opinion and expression, as enshrined in the Universal Declaration of Human Rights, and to foster access to the Internet both in homes and in schools;

3. Participating States should train law enforcement agents and prosecutors on how to address crimes motivated by racist, xenophobic, anti-Semitic or other related bias on the Internet and should share information on successful training programmes as part of the exchange of best practices; (…) 5 5. Participating States should study the effectiveness of laws and other measures regulating Inter- net content, specifically with regard to their effect on the rate of racist, xenophobic and anti-Se- mitic crimes;

6. Participating States should encourage and support analytically rigorous studies on the possible relationship between racist, xenophobic and anti-Semitic speech on the Internet and the commis- sion of crimes motivated by racist, xenophobic, anti-Semitic or other related bias;

7. The OSCE will foster exchanges directed toward identifying effective approaches for addressing the issue of racist, xenophobic and anti-Semitic propaganda on the Internet that do not endanger

277 5.3.6 Role of the Media

the freedom of information and expression. The OSCE will create opportunities, including dur- ing the annual Human Dimension Implementation Meeting, to promote sharing of best practices;

8. Participating States should encourage the establishment of programmes to educate children and youth about expression motivated by racist, xenophobic, anti-Semitic or other related bias they may encounter on the Internet. Also, as appropriate, participating States and Internet service pro- viders should take steps to increase parental awareness of widely available filtering software that enables parents to exercise greater supervision and control over their children’s use of the Inter- net. Materials on successful educational programmes and filtering software should be widely dis- seminated as part of the exchange of best practices;

9. Participating States should welcome continued and increased efforts by NGOs to monitor the Internet for racist, xenophobic and anti-Semitic content, as well as NGOs’ efforts to share and publicize their findings.

Ljubljana 2005 (Decision No. 10/05 on Tolerance and Non-Discriminations: Promoting Mutual Respect and Understanding

The Ministerial Council, (…)

5.4 Consider developing, in close co-operation with civil society, concrete measures which do not endanger freedom of information and expression, in order to counter xenophobic stereotypes, intolerance and discrimination in the media and to encourage programmes to educate children and youth about prejudice or bias they may encounter in the media or on the Internet; (…)

Brussels 2006 (Decision No. 13/06 on Combating Intolerance and Discrimination and Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

9. Recognizes the essential role that the free and independent media can play in democratic socie- ties and the strong influence it can have in countering or exacerbating misperceptions, prejudices and in that sense encourages the adoption of voluntary professional standards by journalists, media selfregulation and other appropriate mechanisms for ensuring increased professionalism, accu- racy and adherence to ethical standards among journalists; (…)

278 5.3.6 Role of the Media

Madrid 2007 (Decision No. 10/07 on Tolerance and Non-Discrimination: Promoting Mutual Respect and Understanding)

The Ministerial Council, (…)

Acknowledging the specificity of different forms of intolerance, while at the same time recogniz- ing the importance of taking a comprehensive approach and addressing crosscutting issues in such fields as, inter alia, (…) media and constructive public discourse (…), in order to effectively com- bat all forms of discrimination, (…)

4. Reiterates the recognition of the essential role that the free and independent media can play in democratic societies and the strong influence it can have in countering or exacerbating misper- ceptions and prejudices and in that sense continues to encourage the adoption of voluntary pro- fessional standards by journalists, media self-regulation and other appropriate mechanisms for ensuring increased professionalism, accuracy and adherence to ethical standards among journalists;

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

19. (l) To recognize the role of the media in encouraging pluralistic debate and to encourage profes- sionalism and voluntary self-regulation in the media, with a view to fostering tolerance of ethnic, religious, linguistic and cultural diversity, and to preventing and countering violent extremism and radicalization that lead to terrorism, while respecting the independence and freedom of the media;

279 6. Commitments Related to Specific Threats to Human Security 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

See also: II. 4.4: Refugees, Displaced Persons, Returnees and Stateless Persons II. 5.2: Equal Rights of Men and Women II. 6.2: Prevention of Trafficking in Human Beings II. 7: Commitments Related to International Humanitarian Law

Moscow 1991

[The participating States shall] (40.7) seek to eliminate all forms of violence against women, and exploitation of prostitution of women including by ensuring adequate legal prohibitions against such acts and other appropri- ate measures;

Istanbul 1999 (Charter for European Security: III. Our Common Response)

24. We will undertake measures to (…) end violence against women (…) as well as sexual exploita- tion (...) In order to prevent such crimes we will, among other means, promote the adoption or strengthening of legislation to hold accountable persons responsible for these acts and strengthen the protection of victims.

Bucharest 2001 (Decision No. 8/01)

The Ministerial Council, (…)

Convinced of women’s potential to contribute to conflict prevention, reconciliation and peace-build- ing processes,

Confirming the commitment to protect and promote the rights of women and being aware of the vulnerability of women especially in conflict and post-conflict situations,

Determined to combat all forms of violence against women, including domestic violence,

Recognizing the need for rehabilitation centres for women affected by violence, (…)

Calls for the implementation of the Action Plan on Gender Issues;

Sofia 2004 (Annex to Decision No. 14/04, 2004 OSCE Action Plan for the Promotion of Gender Equality) • Take further action where necessary in order to ensure a safe environment for their citizens and the right to equal protection under the law, notably by increasing activities aimed at eliminat- 6 ing all forms of violence against women (…) • Support national and international efforts to bring to justice those who have perpetrated crimes against women which under applicable rules of international law are recognized as war crimes

281 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

or crimes against humanity, and ensure that existing national legislation on violence against women is enforced, and that new legislation is drafted where necessary; • As recommended in the Guidelines on International Protection on Gender-Related Persecution within the context of Article 1A (2) of the 1951 Convention relating to the Status of Refugees and/or its 1967 Protocol relating to the Status of Refugees, introduce procedural practices, if States have not already done so, that ensure that proper consideration is given to women claim- ants in refugee status determination procedures and that the range of claims of gender-related persecution are accorded due recognition; (…)

Ljubljana 2005 (Decision No. 15/05 on Preventing and Combating Violence against Women

The Ministerial Council,

Recognizing that respect for human rights and fundamental freedoms, democracy and the rule of law is at the core of the OSCE’s comprehensive concept of security, (…)

Reaffirming that States have an obligation to exercise due diligence to prevent, investigate and pun- ish the perpetrators of violence against women and girls and to provide protection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of their human rights and fundamental freedoms, (…)

Deeply concerned at the particular targeting or vulnerability to violence and hence the need for protection of girls and some groups of women, such as women belonging to minority groups, indig- enous women, refugee and internally displaced women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, women with disa- bilities, elderly women, widows, women in situations of armed conflicts and women who are oth- erwise discriminated against, including on the basis of HIV status, (…)

Expressing its deep concern at the persisting level of violence against women and girls in the OSCE region, as well as the human and political costs of this phenomenon and recognizing that violence against women constitutes a threat to human security,

1. Urges participating States, with the support and assistance of the OSCE, to take all necessary legislative, policy and programmatic monitoring and evaluation measures to promote and pro- tect the full enjoyment of the human rights of women and to prevent and combat all forms of gen- der-based violence against women and girls;

2. Calls on participating States to comply with the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, if they are par- ties, and, if they have not already done so, to consider ratifying or acceding to these Conventions; and calls upon States that have ratified or acceded to these Conventions to withdraw reservations that are contrary to the object and purpose of the Conventions;

3. Calls on participating States to consider signing and ratifying or acceding to the UN Proto- col to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,

282 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

supplementing the UN Convention against Transnational Organized Crime, the Optional Proto- col to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography and, where appropriate, the Council of Europe Convention on Action against Trafficking in Human Beings;

4. Notes with regret that female victims of violence are too often left without protection and assis- tance and urges participating States: (i) To ensure that all female victims of violence will be provided with full, equal and timely access to justice and effective remedies; medical and social assistance, including emergency assistance; confidential counselling; and shelter; (ii) To adopt and implement legislation that criminalizes gender-based violence and establishes adequate legal protection; (iii) To provide in a timely manner physical and psychological protection for victims, including appropriate witness protection measures; (iv) To investigate and prosecute the perpetrators, while addressing their need for appropriate treatment; (v) To promote the full involvement of women in judicial, prosecutorial and law enforcement insti- tutions and to ensure that all relevant public officials are fully trained and sensitized in recogniz- ing, documenting and processing cases of violence against women and children; (vi) To meet the special needs for protection and assistance of girl victims of violence;

5. Notes that violence against women and girls often remains unreported and unrecorded and is therefore not adequately reflected in statistics, and encourages participating States to support efforts to raise awareness; to make significant additional efforts to collect, analyse and disseminate com- parable data; and to support specialized NGOs and research on the issue;

6. Calls upon participating States to take measures to strengthen the economic independence of women, including ensuring non-discriminatory employment policies and practices, provid- ing equal access to education and training, equal remuneration for equal work, increased work and educational opportunities, equal access to and control over economic resources with a view to reducing women’s vulnerability to all forms of violence, including domestic violence and traf- ficking in human beings;

7. Urges participating States to take all necessary steps to prevent genderbased violence against women and girls during and after armed conflict and emergencies, including the bringing to jus- tice of perpetrators of crimes, and to take special measures to address the needs of women and girls in the post-conflict environment;

8. Acknowledges the inclusion of gender-related crimes in the Rome Statute of the International Criminal Court and in the Elements of Crimes, adopted by the Assembly of State Parties to the Rome Statute in September 2002, and the elaboration of the circumstances in which such crimes can constitute crimes against humanity and/or war crimes;

9. Encourages the dissemination of the relevant case-law of the existing ad hoc International Crim- inal Tribunals for the former Yugoslavia and Rwanda and full cooperation with those jurisdictions; 6 10. Decides to intensify the co-operation of the OSCE with the relevant structures of the United Nations, the Council of Europe, the European Union and other international organizations, as

283 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

well as with civil society and relevant nongovernmental organizations, to promote the prevention of and the fight against all forms of violence against women and girls;

11. Tasks the Permanent Council to encourage the development by relevant OSCE institutions and structures of programmes, projects and policies to assist participating States, at their request, in combating violence against women and girls and providing assistance for victims;

12. Requests that the Secretary General pay specific attention to reporting on the implementation of this decision in the Annual Report to the Permanent Council on the 2004 Action Plan for the Promotion of Gender Equality.

Basel 2014 (Decision No. 7/14 on Preventing and Combating Violence Against Women)

The Ministerial Council,

Reaffirming the commitment to respect human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, (…) Recalling that the full and equal exercise by women of their human rights is essential to achieving a more peaceful, prosperous and democratic OSCE area and that the OSCE participating States are committed to making equality between men and women an integral part of their policies, (…)

Calls on the participating States to take on the following measures related to combating and pre- venting violence against women in the areas of developing legal frameworks and partnerships, pre- venting and prosecuting violence against women, and protecting victims;

Calls on the participating States to ensure for all women the protection and full respect of human rights and fundamental freedoms;

Strongly condemns all forms of violence against women and refrain from justifying it, as described in the Declaration on the Elimination of Violence against Women;

(A) Legal framework

1. Calls on the participating States to:

Request, as appropriate, opinions produced by the ODIHR on legal and policy frameworks for pre- venting and combating violence against women, including domestic violence;

Collect, maintain and make public reliable, comparable, disaggregated, and comprehensive evi- dence based data and statistics regarding all forms of violence against women, including sexual and domestic violence, whilst ensuring compliance with their data protection laws, and include

284 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

information on the number of cases reported to law enforcement bodies, the numbers investigated and prosecuted and the sentences imposed;

Align national legislation with relevant international standards they have undertaken, if they have not done so already, and OSCE commitments on all forms of violence against women, and con- sider best practices when adopting relevant legislation;

Give consideration to the signature and ratification of relevant regional and international instru- ments, such as the Council of Europe Convention on preventing and combating violence against women and domestic violence, where applicable.

2. Tasks the OSCE executive structures to, within their mandates:

Promote the exchange of best practices regarding legislation related to combating all forms of vio- lence against women;

(B) Prevention

3. Encourages the participating States to:

Strengthen efforts to reach out to the public through public awareness and sensitization activities, in order to address negative stereotypes, attitudes, and prejudices which contribute to all forms of violence against women;

Take appropriate measures to increase the engagement and participation of men and boys in the prevention and elimination of all forms of violence against women, including sexual and domes- tic violence;

Take measures to raise awareness of the vicious cycle of violence that might emanate from physi- cal, sexual, and psychological violence experienced in childhood and adolescence;

Develop programmes to work with the perpetrators of violence against women, both during and after their sentence in order to avoid repeat offenses;

Provide treatment, counselling and training courses and other measures to prevent re-victimiza- tion and trauma, including during judicial processes.

4. Tasks the OSCE executive structures to, within their mandates:

Improve co-operation with relevant stakeholders of international and regional organizations on efforts to collect sex-disaggregated data and statistics on the occurrence of all forms of violence against women in the OSCE area;

Assist the participating States, upon their request, in their efforts to promote comprehensive, effec- tive and evidence-based approaches to combating all forms of violence against women, including sexual and domestic violence, and better respond to the needs of all victims. 6 (C) Protection

5. Encourages the participating States to:

285 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

Ensure that victims of all forms of violence against women receive timely and adequate informa- tion on available legal measures and support services, such as sexual violence crisis centres, shel- ters or other relevant structures, as well as healthcare, and to ensure that they are easily accessible;

Promote programmes and activities that empower and support women who have been victims of violence.

6. Tasks the OSCE executive structures to, within their mandates:

Assist the participating States, upon their request, in strengthening their capacities for protection of victims of all forms of violence against women;

Facilitate the exchange between the participating States of information, experience, and best prac- tices concerning protection;

Provide technical assistance to the participating States that request so, in organizing support ser- vices such as telephone hotlines, crisis centres, etc.;

Offer to participating States specialized training courses for relevant professionals from interested participating States dealing with victims or perpetrators of all forms of violence against women, including sexual and domestic violence.

(D) Prosecution

7. Encourages the participating States to:

Strengthen the efforts to investigate, prosecute and punish the perpetrators of all forms of violence against women and provide victims with protection and appropriate remedies;

Ensure the development and effective implementation of legislation that criminalizes violence against women and that provides for preventative and protective measures, such as emergency bar- ring orders and protection orders, where they exist, as well as the investigation, and submission for prosecution and appropriate punishment of perpetrators, including with a view to end impunity.

(E) Partnership

8. Encourages the participating States to:

Develop comprehensive and co-ordinated national policies aimed at combating all forms of vio- lence against women, encompassing all relevant actors, such as law enforcement and the justice sector, parliaments, national human rights institutions, healthcare and social services as well as civil society organizations.

9. Tasks the OSCE executive structures to, within their mandates:

Enhance co-operation with relevant stakeholders of international and regional organizations;

Milan 2018 (Decision No. 4/18 on Preventing and Combating Violence Against Women)

The Ministerial Council,

286 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

Determined to ensure the full and equal enjoyment by women and girls of human rights and fun- damental freedoms,

Reaffirming all relevant OSCE commitments, (…), on preventing and combating violence against women, (…)

Mindful of the importance of preventing and combating violence against women and girls for the implementation of the relevant Sustainable Development Goals of the United Nations 2030 Agenda for Sustainable Development,

Recognizing that inequality between men and women is a root cause of violence against women and girls, and that, in particular, discrimination and economic inequalities, including lack of economic independence, can increase women’s vulnerability to violence, Deeply concerned by the persistence of violence against women and girls in all its forms as one of the most pervasive impediments to their full enjoyment of all human rights and to women’s full, equal and effective participation in political, economic, and public life,

Noting that violence against women and girls can cause death or physical, sexual, psychological, economic, political and social harm or suffering to girls and women of all ages, and results directly or indirectly in shorter – and longer-term societal, political and economic costs,

Noting also that violence against women and girls takes many forms, which can include: domestic violence; sexual violence; harmful practices; trafficking in human beings, sexual and other types of exploitation; and sexual harassment,

Recognizing that women and girls may suffer many different kinds of discrimination, sometimes in combination, which exposes them to increased risk of violence, and that such combinations can lead to further discrimination,

Also recognizing the important roles played by the armed forces, law enforcement agencies, judicial systems and other legal professionals, in addressing all forms of violence against women and girls,

Recognizing further that abuse, threats, and harassment, including sexual harassment, have become increasingly common, especially through digital technologies, and may silence women’s and girls’ voices in the public sphere,

Mindful that women engaged in professional activities with public exposure and/or in the interest of society, are more likely to be exposed to specific forms of violence or abuse, threats, and har- assment, in relation to their work,

Considering that adolescence is an important phase in the social development of a person, and recognizing that this phase is often affected by persistent inequalities, negative attitudes, behav- iours, and gender stereotypes that can put girls and young women at heightened risk of discrim- 6 ination and violence,

287 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

Recognizing the importance of actively engaging men and boys in efforts towards elimination of discrimination and all forms of violence against women and girls, including by addressing the root causes of gender inequality and violence and by raising awareness about the impact of neg- ative attitudes, behaviours, and gender stereotypes that can underlie and perpetuate discrimina- tion and violence,

Noting the efforts of the OSCE MenEngage Network* in raising awareness about the important role that men and boys can play in the elimination of discrimination and all forms of violenceagainst women and girls,

Recognizing that sexual harassment in public and private spaces, in particular in the workplace and in educational institutions, has a damaging impact on women and girls’ full enjoyment of human rights and equal opportunities, thus impairing their ability to remain and/or advance in the workplace and in educational institutions,

Acknowledging the role of civil society as an important partner of government, including at the local level, in preventing and combating violence against women and girls,

Taking note of the OSCE Parliamentary Assembly’s work to combat violence against women,

Calls on the participating States to:

1. Ensure access to justice, effective investigation, prosecution of perpetrators, as well as provide, while respecting their rights and privacy, adequate protection, rehabilitation and reintegration support for victims of all forms of violence against women and girls;

2. Take action, including through awareness-raising and capacity-building for the armed forces, law enforcement agencies, judicial systems and other legal professionals, on preventing and com- bating all forms of violence against women and girls;

3. Adopt measures, as appropriate, to encourage education on gender equality, human rights and non-violent behaviour thus contributing to the prevention of all forms of violence against women and girls, which can include: harmful practices, sexual violence, domestic violence, as well as sex- ual harassment;

4. Organize awareness-raising campaigns on the risks of specific forms of violence facing women and girls, including through digital technologies, and on their rights and the support available for victims of such violence;

5. Take action to address violence, abuse, threats, and harassment, including through digital tech- nologies, directed at women;

6. Take measures, in consultation with companies that work on information and communication technologies (ICT), to address specific forms of violence faced by women and girls through dig- ital technologies;

7. Encourage all relevant actors, including those involved in the political process, to contribute to preventing and combating all forms of violence against women, including those engaged in

* The OSCE MenEngage Network is not an affiliated network of the MenEngage Alliance. The OSCE MenEngage Network is a closed network within OSCE

288 6.1 Prevention of Gender-Based Persecution, Violence and Exploitation

professional activities with public exposure and/or in the interest of society, by, inter alia, rais- ing the issue in public debates, and developing awareness-raising initiatives and other appropriate measures, also considering the chilling impact of such violence on young women;

8. Incorporate initiatives into relevant national level policies and strategies to promote the engage- ment of men and boys in preventing and combating violence against women and girls, including by implementing awareness-raising activities focusing on the positive, equitable and non-violent roles men and boys can play in this regard, and by recognizing and addressing negative attitudes, behaviours, and gender stereotypes that perpetuate such violence;

9. Take measures to combat sexual harassment in public and private spaces, including in the work- place and in educational institutions, and encourage public and private employers to apply such measures;

10. Take measures to provide equal access to quality education for all girls; and strengthen the economic empowerment and economic independence of women, including by ensuring non-dis- criminatory employment policies and practices, providing equal access to education and train- ing, equal remuneration for equal work, and equal access to and control over economic resources;

11. Encourage the involvement of civil society in preventing and combating violence against women and girls;

Tasks the relevant OSCE executive structures, in accordance with their mandates, to:

12. Assist participating States, upon their request, in improving their legal and policy frame- work and in implementing measures for preventing and combating all forms of violence against women and girls;

13. Continue co-operation with relevant international and regional organizations to collect sex-dis- aggregated data and statistics on the occurrence of all forms of violence against women and girls in the OSCE area;

14. Provide support to the participating States and civil society organizations for the exchange of good practices in preventing and combating all forms of violence against women and girls, includ- ing through the engagement of men and boys;

15. Support participating States, upon their request, in developing and reviewing legislation, pol- icies, and measures to combat sexual harassment in private and public spaces, including in the workplace and educational institutions;

16. Continue to ensure full implementation of, and to review the need for strengthening and/or increasing training on, the OSCE Code of Conduct for the OSCE staff/mission members as well as the OSCE policy on the professional working environment, stressing a zero tolerance approach to sexual harassment, including through efforts by senior management.

17. Encourages the participating States and relevant OSCE executive structures to consider engag- ing in joint activities with the OSCE Parliamentary Assembly and its Special Representative on Gender Issues. 6

289 6.2 Prevention of Trafficking in Human Beings

Tirana 2020, (Decision No. 7/20 on Prevention and Eradication of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment) (…)

6.2 Prevention of Trafficking in Human Beings

See also: Part I. 2.3.4 D: The Secretariat, Special Representative for Combating Trafficking in Human Beings

6.2.1 General Provisions Regarding Prevention

Moscow 1991

(40) The participating States (…) will (…) (40.7) seek to eliminate all (…) forms of traffic in women and exploitation of prostitution of women including by ensuring adequate legal prohibitions against such acts and other appropriate measures;

Istanbul 1999 (Charter for European Security: III. Our Common Response)

24. We will undertake measures to (…) end (…) sexual exploitation and all forms of trafficking in human beings. In order to prevent such crimes we will, among other means, promote the adop- tion or strengthening of legislation to hold accountable persons responsible for these acts and strengthen the protection of victims.

Vienna 2000 (Decision on Enhancing the OSCE’S Efforts to Combat Trafficking in Human Beings)

The Ministerial Council, (…)

Recognizing that trafficking in human beings is an increasing problem and convinced of the necessity for the OSCE to enhance its efforts to combat trafficking in human beings throughout the OSCE region, including in conflict and post-conflict situations, and to contribute to national, regional and international anti-trafficking efforts in defence of human rights and the fight against transnational organized crime,

290 6.2.1 General Provisions Regarding Prevention

1. Reaffirms that trafficking in human beings is an abhorrent human rights abuse and a serious crime that demands a more comprehensive and co-ordinated response from participating States and the international community, as well as a more coherent and co-operative approach among countries, in particular those of origin, transit and destination;

2. Welcomes the adoption, by the United Nations General Assembly, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime as well as the definition of trafficking in persons contained therein and calls upon all participating States to sign and ratify the United Nations Protocol as well as the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography;

3. Recognizes the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes prevention of trafficking, protection of victims and prosecution of traffickers and their accomplices;

4. Stresses the role of national parliaments in the enactment, among others, of laws necessary to combat trafficking in human beings and welcomes articles 106 and 107 of the Parliamentary Assem- bly’s Bucharest Declaration on trafficking in persons;

5. Agrees to strengthen the activities of the OSCE to combat trafficking and emphasizes the need for intensified co-operation between different OSCE institutions as well as between the OSCE and other international organizations, such as relevant United Nations agencies, the International Organization for Migration, the Council of Europe, the European Union and Interpol;

6. Supports the work of the Stability Pact Task Force on Trafficking in Human Beings and calls in particular for the governments of the region concerned to play an active role in the Task Force; (…)

8. Undertakes to raise awareness, including with assistance from the ODIHR, non-governmental organizations and other relevant institutions, through, where necessary, establishing training pro- grammes among public officials, including law enforcement, judiciary, consular and immigration officials, about all aspects of trafficking;

9. Commits to take necessary measures, including by adopting and implementing legislation, to criminalize trafficking in human beings, including appropriate penalties, with a view to ensur- ing effective law enforcement response and prosecution. Such legislation should take into account a human rights approach to the problem of trafficking, and include provision for the protection of the human rights of victims, ensuring that victims of trafficking do not face prosecution solely because they have been trafficked;

11. Encourages the nomination, where appropriate, of governmental representatives on traffick- ing to co-ordinate national activities and to ensure regional and international co-operation and to make this contact information available to other participating States; (…)

291 6.2.1 General Provisions Regarding Prevention

Bucharest 2001 (Decision No. 6/01)

The Ministerial Council,

Reiterating its commitment to combat all forms of trafficking in human beings, which affects all participating States,

Affirming its commitment to developing co-operation and interaction among participating States on anti-trafficking measures and related crimes,

Calls on participating States to sign and ratify the United Nations Convention against Transna- tional Organized Crime, and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; (…)

Encourages information exchange with a view to strengthening investigation, law enforcement and crime prevention;

Calls on participating States to accelerate taking the necessary measures to fulfil their Vienna min- isterial commitments which include prevention of trafficking, protection of victims and prosecu- tion of traffickers and their accomplices.

Porto 2002 (Declaration on Trafficking in Human Beings)

We, the members of the Ministerial Council of the OSCE, declare that trafficking in human beings represents a dangerous threat to security in the OSCE area and beyond.

We declare that trafficking in human beings and other modern forms of slavery constitute an abhorrent violation of the dignity and rights of human beings.

We recognize that trafficking in human beings represents a serious and rapidly expanding area of transnational organized crime, generating huge profits for criminal networks that may also be asso- ciated with criminal acts such as trafficking in drugs and arms, as well as smuggling of migrants.

We recall and reaffirm our full adherence to the OSCE’s commitments to combating trafficking in human beings (…) and declare our determination to strengthen co-operation in addressing traf- ficking in human beings in countries of origin, transit and destination.

(…) We declare that ratification and full implementation of both these instruments [United Nations Convention Against Transnational Organized Crime and to its supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children] would enhance the international and national legal framework and enforcement capacities for combating trafficking in human beings. We strongly encourage States to consider concurrent ratification and full imple- mentation of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, also supple- menting the above-mentioned Convention (…)

We recognize the need to address root causes of trafficking and to reduce the economic and social inequalities and disadvantages, which also provoke illegal migration, and which may be exploited

292 6.2.1 General Provisions Regarding Prevention

by organized criminal networks for their profit. We also recognize the need to fight corruption, which facilitates the operation of such networks. (…)

We recognize that, in countries of destination, demand for the activities of persons trafficked for the purposes of sexual exploitation, forced labour, slavery or other practices similar to slavery is an integral factor in trafficking in human beings. We urge countries of destination to take measures to effectively address such a demand as a key element in their strategy for effectively preventing and combating trafficking in human beings, and to exercise zero tolerance towards sexual exploitation, slavery and all forms of exploitation of forced labour, irrespective of its nature.

We are deeply concerned about reports of involvement by some mission members of international organizations in activities related to trafficking in human beings, particularly in post-conflict countries. We reiterate the importance of Permanent Council Decision No. 426, of 12 July 2001, on trafficking in human beings and encourage the adoption and implementation of relevant meas- ures such as the ‘OSCE Code of Conduct for Mission Members.’ We will not tolerate international staff members being involved in any illegal activities, inciting this criminal trade or behaving in contravention of this Code of Conduct. We commit ourselves to take all practicable measures to ensure the accountability of international staff members to their respective national, and when appropriate local, authorities for such activities.

We express our concern about the increase in trafficking in minors and, recognizing the special needs of children, we support more research and exchange of information on trafficking in chil- dren and, with due regard to the best interest of the child as the primary consideration in all actions concerning children, call for the elaboration of special measures to protect trafficked minors from further exploitation, mindful of their psychological and physical well-being.

We will strive for adequate measures to prevent trafficking in human beings in our countries, tak- ing the form, inter alia, of target-oriented awareness raising campaigns and education in countries of origin and transit, directed in particular towards youth and other vulnerable groups, and will seek to develop appropriate campaigns in countries of destination, to organize training for rele- vant officials and government employees in the areas of law enforcement, border control, criminal justice and social services, and to recommend full co-operation with NGOs in this field. (…)

We reiterate the need for national strategies in order to unite efforts directed towards combating traf- ficking in human beings and to enhance co-ordination among national, international and regional organizations in this field. This need could be met through measures such as appointing inter-min- isterial bodies and national co-ordinators or, as appropriate, other relevant bodies or mechanisms.

III.

We agree to intensify co-operation, based on a multidimensional approach, among the relevant OSCE structures and institutions, as well as among the OSCE and other relevant international organizations and actors, including the United Nations and its specialized agencies, the Council of Europe, the European Union and the International Organization for Migration, and task the Permanent Council with examining how better to assure such a co-operation with a view to com- bating trafficking in human beings. (…) 6

293 6.2.1 General Provisions Regarding Prevention

Maastricht 2003 (Decision No. 2/03 on Combating Trafficking in Human Beings)

The Ministerial Council, (…)

1. Decides to endorse the OSCE Action Plan to Combat Trafficking in Human Beings as annexed to this Decision; and

2. Establishes, under the aegis of the Permanent Council, an OSCE mechanism to provide assis- tance to participating States to combat trafficking in human beings. The mechanism will consist of two parts, complementing the activities of each other: a Special Representative appointed by the Chairmanship-in-Office, and a special unit in the OSCE Secretariat (…)

Maastricht 2003 (Annex to Decision No. 2/03 on Combating Trafficking in Human Beings; OSCE Action Plan to Combat Trafficking in Human Beings)

IV. Prevention of trafficking in human beings (…)

1. Data collection and research

1.1 Collecting separate data related to women, men and children victims of trafficking, and improv- ing research into and analysis of subjects such as the character and scale of THB and the traffick- ing and exploitation mechanisms deployed by the organized criminal groups, in order to develop effective and well-targeted prevention measures on trafficking in human beings. Promoting more research and exchange of information on trafficking in children.

1.2 Identifying the most vulnerable segments of the population and developing specially designed awareness-raising campaigns for them.

1.3 Conducting more far-reaching analysis of the root causes of THB, its demand and supply fac- tors, its networks and its economic consequences, and its link with illegal migration.

2. Border measures

2.1 Without prejudice to international commitments in relation to the free movement of people, strengthening, to the extent possible, border controls as may be necessary to prevent and detect THB.

2.2 Adopting legislative or other appropriate measures to prevent, as far as possible, means of transport operated by commercial carriers from being used in committing offences, as defined by the provisions against trafficking.

2.3 Where appropriate, and without prejudice to applicable international conventions, obliging com- mercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of valid travel documents. In accord- ance with domestic law, taking the necessary measures to provide for sanctions in case of violation.

294 6.2.1 General Provisions Regarding Prevention

3. Economic and social policies aimed at addressing root causes of THB

3.1 In countries of origin: • Considering as priority goals: the fostering of social-economic and political stability, and the reduction both of migration caused by deep poverty and of supply factors of trafficking. Pol- icies followed in pursuit of these goals should also promote both economic development and social inclusion; • Improving children’s access to educational and vocational opportunities and increasing the level of school attendance, in particular by girls and minority groups; • Enhancing job opportunities for women by facilitating business opportunities for small and medium-sized enterprises (SMEs). Organizing SMEs training courses, and targeting them par- ticularly at high-risk groups.

3.2 In countries of destination: • Implementing measures to reduce “the invisibility of exploitation”. A multi-agency programme of monitoring, administrative controls and intelligence gathering on the labour markets, and, where applicable, on the sex industry, will contribute greatly to this objective; • Considering the liberalization by governments of their labour markets with a view to increas- ing employment opportunities for workers with a wide range of skills levels; • Addressing the problem of unprotected, informal and often illegal labour, with a view to seeking a balance between the demand for inexpensive labour and the possibilities of regular migration; • Tackling underground economic activities which undermine economies and enhance trafficking.

3.3 Whether in countries of origin or countries of destination: • Taking measures to raise levels of social protection and to create employment opportunities for all; • Taking appropriate measures to eliminate discrimination against women in the field of employ- ment in order to ensure, on a basis of gender equality, the right to equal pay for equal work and the right to equality in employment opportunities; • Addressing all forms of discrimination against minorities; • Developing programmes that offer livelihood options and include basic education, literacy, com- munication and other skills, and reduce barriers to entrepreneurship; • Encouraging gender sensitization and education on equal and respectful relationships between the sexes, thus preventing violence against women; • Ensuring that policies are in place which allow women equal access to and control over eco- nomic and financial resources; • Promoting flexible financing and access to credit, including micro-credit with low interest; • Promoting good governance and transparency in economic transactions; • Adopting or strengthening legislative, educational, social, cultural or other measures, and, where applicable, penal legislation, including through bilateral and multilateral co-operation, to dis- courage the demand that fosters all forms of exploitation of persons, especially women and chil- dren, and that leads to trafficking. 6

295 6.2.1 General Provisions Regarding Prevention

4. Awareness-raising

4.1 Undertaking, in co-operation with civil society and NGOs, information campaigns to gener- ate public awareness about trafficking in its various forms, including the methods employed by traffickers and the risks to victims.

4.2 Increasing awareness about trafficking among immigration authorities and consular and dip- lomatic personnel so that they use this knowledge in their daily contacts with potential victims.

4.3 Encouraging national embassies to disseminate information on relevant national legislation such as family law, labour law and immigration law as is of interest to potential migrants, includ- ing through NGOs.

4.4 Increasing awareness of other relevant target groups, including policy makers, law enforce- ment officers, and other relevant professionals such as medical, social services and employment officials, and in the private sector, to THB, to enhance their readiness to address it adequately and to strengthen their institutional capacity to counter it.

4.5 Encouraging the consular and visa sections of the diplomatic missions to use printed and other materials in their work with at-risk individuals.

4.6 Raising awareness of the media. The perception of the problem of trafficking in human beings brought forward by the media should include a clear explanation of the phenomenon and a realis- tic portrayal of the victims. To maximize public knowledge and awareness, anti-trafficking cam- paigns should be conducted with media professionals.

4.7 Targeting awareness-raising campaigns also at the most vulnerable groups, including per- sons belonging to national minorities, children, migrants and internally displaced persons (IDPs).

4.8 Extending awareness-raising campaigns to smaller towns and villages whose populations may be at particular risk.

4.9 Working in schools and universities as well as directly with families to reach young people and to raise their awareness about trafficking.

4.10 Addressing, also through the media, the need to reduce the demand for the activities of per- sons trafficked for sexual exploitation, forced labour, slavery or other practices similar to slavery and, in this connection, promoting zero tolerance towards all forms of trafficking.

4.11 Establishing well-publicized telephone “hotlines” in the countries of origin, transit and des- tination, which should serve three purposes: to act as an independent source of advice and guid- ance to potential victims who may be considering job opportunities or other offers to go abroad, to act as a first point of contact providing access to a referral mechanism for victims of THB, and, furthermore, to facilitate the anonymous reporting of cases or suspected cases of THB.

5. Legislative measures

5.1 Adopting or reviewing laws, administrative controls and procedures relating to the licensing and operation of sectors of business that, according to intelligence, may be involved in traffick- ing, such as employment, tourist, au pair, adoption or mail-order bride agencies, as well as hotels and escort services.

296 6.2.1 General Provisions Regarding Prevention

5.2 Ensuring that measures adopted for the purpose of preventing and combating trafficking in persons do not have an adverse impact on the rights and dignity of persons, including their free- dom of movement. (…)

VI. Follow-up and co-ordinating mechanisms

Besides monitoring the implementation of the OSCE commitments by participating States through existing OSCE mechanisms, including the annual Human Dimension Implementation Meeting, Review Conferences and relevant human dimension events, The Permanent Council recommends the following actions at the national level:

1. To consider appointing National Rapporteurs or other mechanisms for monitoring the anti-traf- ficking activities of State institutions and the implementation of national legislation requirements;

2. To consider establishing Anti-Trafficking Commissions (task forces) or similar bodies respon- sible for co-ordinating activities within a country among State agencies and NGOs, and for elab- orating measures to prevent THB, to punish perpetrators of THB and to protect its victims;

3. To improve co-operation between State institutions and national NGOs active in rendering pro- tection and assistance to the victims of THB, combating violence against women and children, promoting gender equality and raising awareness in human rights issues;

Sofia 2004 (Decision No. 13/04 on the Special Needs for Child Victims of Trafficking for Protection and Assistance)

The Ministerial Council, (…)

Recalling the principles of protection and respect for human rights as reflected in the 1989 United Nations Convention on the Rights of the Child, and its related 2000 Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the 2000 United Nations Protocol to Pre- vent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, as well as the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption,

Mindful of the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes prevention of trafficking, protection of vic- tims and prosecution of traffickers and their accomplices,

Reaffirming that the general principles of, inter alia, the best interests of the child, non-discrim- ination, participation and survival and development provide the framework for all actions con- cerning children,

Dedicated to further strengthening the efforts by the OSCE to combat trafficking in human beings, and to continue an active implementation of the Action Plan to Combat Trafficking in Human 6 Beings, as well as to continue the Organization’s support to the participating States, on their request, in carrying out their respective national activities in this field,

297 6.2.1 General Provisions Regarding Prevention

Taking into account in particular the recommendations in the OSCE Action Plan to Combat Traf- ficking in Human Beings that the OSCE shall give special attention to the issue of trafficking in children, and also recognizing the vulnerability of unaccompanied and separated children,

Mindful that participating States are committed to protect children from all forms of violence, including sexual exploitation of children, and stressing the importance of respecting their special needs for protection and assistance, and the opportunity for the child to be heard,

Stressing that measures to combat trafficking in children should have a gender perspective and be non-discriminatory,

Underlining that the best interests of the child shall be the primary consideration in decisions taken with regard to trafficked children, including through ensuring representation, as appropri- ate, for child victims,

Aware of the need for an effective child assistance and protection framework as well as aware- ness-raising to counter the demand that fosters all forms of exploitation of persons, especially women and children, and which makes children more vulnerable to being trafficked,

1. Decides to enhance OSCE efforts aimed at preventing children from being trafficked, protect- ing and assisting child victims of trafficking, and prosecuting those who traffic in children, taking into account the OSCE Action Plan to Combat Trafficking in Human Beings;

2. Encourages participating States to strengthen relevant governmental structures for children. Also encourages participating States to intensify actions, as appropriate, in line with the relevant recommendations for participating States in the OSCE Action Plan on Combating Trafficking in Human Beings to counter factors which contribute to making children particularly vulnerable to trafficking in human beings including: discrimination, based, inter alia, on race, sex, religion or belief, national or social origin, birth or other status; exploitation, as defined in the OSCE Action Plan on Combating Trafficking in Human Beings; poverty; lack of education and displacement;

3. Agrees to strengthen countering demand, including combating child sex tourism. In this con- text, also invites the participating States to consider, inter alia, elaboration of legal measures aimed at prosecution of their citizens for the sexual exploitation of children, including if such exploita- tion has taken place in another country (…)

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

2. The OSCE participating States reaffirm the obligations and commitments on borderrelated issues that they have undertaken at all levels: (…)

2.2 At the OSCE level: The participating States reaffirm the norms, principles, commitments and values enshrined in the Helsinki Final Act, all of which apply equally and unreservedly, each of them being interpreted taking into account the others. They reaffirm the principles and commit- ments contained in the Copenhagen Document 1990, the Helsinki Document 1992 and the Char- ter for European Security 1999. They recall the action plans, decisions and other relevant agreed OSCE documents which address borderrelated issues. In particular, strengthening OSCE capaci- ties to promote open and secure borders and enhancing mutually beneficial inter-State co-opera- tion are means to address the threats of (…) the illicit trafficking in (…) human beings, as identified

298 6.2.1 General Provisions Regarding Prevention

in paragraph 35 of the OSCE Strategy to Address Threats to Security and Stability in the Twen- tyFirst Century; (…)

4.3 To prevent and repress transnational organized crime (…) and trafficking in (…) human beings;

Ljubljana 2005 (Decision No. 13/05 on Combating Trafficking in Human Beings)

The Ministerial Council, (…)

Drawing attention to the need to enhance the abovementioned measures, develop strong anti-traf- ficking networks which would function multilaterally, regionally and bilaterally, and effectively implement the commitments taken, with full support and assistance provided to the participating States, upon their request, by the OSCE structures, institutions and field operations,

Reiterating the unique role of the OSCE as a catalyst in joint efforts by international organiza- tions aimed at combating trafficking in human beings of all forms, and commending the initia- tives taken by the OSCE Special Representative on Combating Trafficking in Human Beings under the auspices of the “Alliance against Trafficking in Persons”,

Decides:

1. To endorse the Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance, adopted by Permanent Council Decision No. 685 on 7 July 2005, thus effectively responding to the needs of the most vulnerable and unprotected victims of trafficking in human beings;

2. To continue to pay closer attention to the escalating threat of human trafficking, and to pur- sue a multidimensional and victim-centred approach to issues related to combating trafficking in human beings as an aspect of organized crime, criminality and corruption, within the OSCE con- cept of comprehensive security; (…)

Ljubljana 2005 (Decision No. 16/05 on Ensuring the Highest Standards of Conduct and Accountability of Persons Serving on International Forces and Missions)

The Ministerial Council, (…) 6 Reiterating that trafficking in human beings, a contemporary form of slavery, seriously under- mines the enjoyment of human rights and fundamental freedoms,

299 6.2.1 General Provisions Regarding Prevention

Concerned that military and civilian personnel serving on international peacekeeping forces or other international missions, including contractors, as well as field presences of international organiza- tions including the OSCE could be a contributing factor to the demand side of the trafficking cycle,

Welcoming the efforts of the United Nations as well as other international organizations to develop and enforce “zero-tolerance” policies to prevent trafficking in human beings by both forces and other staff, which, combined with education and training, are required, (…)

Concerned about reports of misconduct by military and civilian personnel serving on international peace-keeping forces or other international missions, including reports of engaging in trafficking in human beings as defined in the United Nations Protocol to Prevent, Suppress and Punish Traf- ficking in Persons, Especially Women and Children, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mission mandates,

Concerned also about reports of misconduct by military and civilian personnel serving on inter- national peacekeeping forces or other international missions including reports of sexually exploit- ing and abusing local and refugee populations, as well as reports of cases of forced labour, strongly condemning such acts, and noting that they have a detrimental effect on the fulfilment of mis- sion mandates,

Emphasizing the need for more information and awareness-raising concerning these issues among personnel serving on international missions,

Taking note of efforts by the United Nations aimed at ensuring that personnel serving on peace- keeping forces or other international missions are held to the highest standard of conduct and accountability,

1. Calls on participating States to improve, where necessary, measures to prevent military and civilian personnel deployed abroad to peacekeeping forces or other international missions, as well as OSCE officials, from engaging in trafficking in human beings or exploiting victims of traffick- ing. In this regard, the participating States will seek to ensure that their national laws, regulations, and other relevant documents can be enforced with respect to their nationals who are serving on peacekeeping forces or other international missions, with a view to ensuring the highest stand- ards of conduct and accountability;

2. Calls on participating States with deployed military and civilian personnel to assist, within their competence and respective mandates, responsible authorities in the host country in their efforts to combat trafficking in human beings. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civil- ian personnel to be deployed abroad;

3. Calls on participating States to take appropriate action necessary to prevent sexual exploita- tion and abuse, as well as cases of forced labour, by military and civilian personnel deployed by them who are serving on peacekeeping forces or other international missions, to enforce relevant standards of conduct in this regard, and to ensure that any such cases are properly investigated and appropriately punished;

4. Reaffirms the importance of implementing the Code of Conduct for OSCE Officials and Staff Instruction No. 11 addressing trafficking in human beings, and instructs the Secretary General, drawing on the expertise of the OSCE Special Representative on Combating Trafficking in Human

300 6.2.1 General Provisions Regarding Prevention

Beings and the Anti-Trafficking Assistance Unit, to update these documents to make them in line with this decision, and to circulate them to the participating States for comments and discussion prior to issuance;

5. Invites the governments of the OSCE Partners for Cooperation also to commit to the same prin- ciples as are set forth in this decision and to that end tasks the OSCE Special Representative on Combating Trafficking in Human Beings and the OSCE Secretary General to share relevant infor- mation and materials with the OSCE Partners for Cooperation;

6. Tasks the OSCE Special Representative on Combating Trafficking in Human Beings to share with relevant international organizations OSCE training materials and other information that could assist in combating trafficking in human beings;

7. Tasks the OSCE Secretary General to report annually to the Permanent Council on the imple- mentation of this decision in regard to the Code of Conduct for OSCE Officials and Staff Instruc- tion No. 11, in accordance with provision III 11.1 of the OSCE Action Plan to Combat Trafficking in Human Beings.

Brussels 2006 (Decision No. 14/06 on Enhancing Efforts to Combat Trafficking in Human Beings, including for Labour Exploitation, through a Comprehensive and Proactive Approach)

The Ministerial Council,

Seriously concerned that all forms of trafficking in human beings remain widespread in the OSCE region and beyond, in spite of intensified national and international efforts to counter the phe- nomenon,

Considering that trafficking in human beings is a grave and heinous crime that violates human dignity and undermines the enjoyment of human rights and fundamental freedoms, and that feeds organized criminal networks,

Recognizing that law enforcement, prosecution of perpetrators, protection, rehabilitation, inte- gration and reintegration of victims as appropriate, including their effective access to justice, as well as prevention, including by measures directed at the demand side, are important to effectively combat trafficking in human beings,

Underscoring that the complexity of trafficking in human beings requires a multidimensional and multi-actor response that should be coordinated at the national, regional and international levels, (…)

1. Calls on the participating States to continue engaging at a senior political level with the Special Representative on Combating Trafficking in Human Beings to enhance the implementation of the OSCE anti-trafficking commitments;

2. Urges the participating States to promote a comprehensive approach to combating all forms of trafficking in human beings through national, regional and international arrangements, coopera- tion and coordination between law enforcement personnel, labour inspectorates, social protection 6 units, medical institutions, immigration and border service officials, civil society organizations, victim support services, and the business community and any other relevant actors, also includ- ing a gender-sensitive approach. To this end, the participating States are recommended to estab- lish National Referral Mechanisms (NRMs), as well as to appoint national coordinators;

301 6.2.1 General Provisions Regarding Prevention

3. Urges the participating States, with the support of the OSCE structures and institutions if requested, to improve research and the system of data collection and analysis, with due regard to the confidentiality of data, and where possible to disaggregate statistics by sex, age, and other rel- evant factors as appropriate, in order to better assess the character and scope of the problem and develop effective and well-targeted policies on trafficking in human beings. To this end, partici- pating States are recommended to consider appointing National Rapporteurs or similar independ- ent monitoring mechanisms; (…)

6. Encourages the participating States to combat trafficking in human beings for labour exploita- tion in a more proactive manner, including by: (a) Ensuring that their national criminal legislation trafficking in human beings for labour exploita- tion complies with the requirements of the United Nations Protocol to Prevent, Suppress and Pun- ish Trafficking in Persons, especially Women and Children supplementing the UN Convention against Transnational Organized Crime. To this end the participating States are encouraged to ensure that such crimes can be appropriately identified and prosecuted; (b) Ensuring that minimum labour standards are reflected in their labour laws, and that their labour laws are enforced, in order to reduce the potential of trafficking in human beings for labour exploitation; (c) Conducting training programmes for relevant officials, as well as other persons likely to come into contact with presumed trafficking victims, such as health workers, social workers, labour inspectors, and others, in order to improve their ability to identify trafficking victims and refer them to assistance and protection services; (d) Ensuring that information campaigns to raise awareness of trafficking do not contribute to fur- ther stigmatizing vulnerable groups which may lead to greater vulnerability to human rights abuses; (e) Promoting outreach strategies, including in cooperation with relevant NGOs, to provide infor- mation on trafficking in human beings for labour exploitation to migrant communities and to persons working in low wage labour and particularly vulnerable sectors such as agriculture, con- struction, garment or restaurant industries, or as domestic servants, in order to improve victims’ access to assistance and justice and encourage persons with information on possible trafficking situations to refer victims to such assistance and to report to appropriate authorities for investiga- tion when there are reasonable grounds to believe that a crime has occurred; (f) Developing and using advanced investigative methodology, in particular to allow cases of traf- ficking to be identified and prosecuted without relying only on victim testimony; (…)

Madrid 2007 (Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation)

The Ministerial Council, (…)

Seriously concerned that trafficking in human beings remains widespread in the OSCE region and beyond, despite national and international efforts to prevent it and to bring to justice those responsible,

302 6.2.1 General Provisions Regarding Prevention

Recognizing the need to strengthen further the framework of OSCE commitments to address the challenges of trafficking for labour exploitation,

Recognizing the vulnerability of children to trafficking for labour exploitation and the special needs of child victims,

Emphasizing that policies and practices to address trafficking for labour exploitation, which arises within the formal and informal economy, should be comprehensive and therefore include enforce- ment of labour laws,

Underlining that measures to address trafficking for labour exploitation should be formulated with and encourage greater participation of labour actors, including workers and employers organiza- tions, labour administrators and inspectors, (…)

Recognizing that persons with irregular immigration status are likely to be more vulnerable to trafficking for labour exploitation, (…)

Recognizing the challenges of identification of and assistance to victims, including their uncer- tainty regarding their eventual residential status, and that might arise out of the use of intimida- tion and the exploitation of victim’s fears by traffickers, and recognizing the need for complaints procedures that encourage victims to come forward,

Calls on participating States to: (…)

5. Support and promote partnerships between civil society, including NGOs, and State agencies with a labour protection mandate to monitor working conditions, to provide, among others, assistance to victims and prevent trafficking for labour exploitation and violation of labour laws, including through targeted awareness-raising programmes or voluntary codes of conduct; (…)

8. Increase multi-agency cooperation and interaction on labour trafficking issues among their labour and immigration officials, law enforcement, judicial officials and social services provid- ers, including through the establishment or strengthening, as appropriate, of national referral mechanisms as recommended in the OSCE Action Plan to Combat Trafficking in Human Beings; (…)

11. Ensure effective complaint procedures where individuals can report in a confidential manner circumstances that might be indicative of a situation of trafficking for labour exploitation, such as exploitative working and living conditions;

12. Develop indicators taking into account, as appropriate, those developed by the ILO Commit- tee of Experts to ensure consistency and transparency in the identification of victims of traffick- ing for labour exploitation and in the detection of situations of trafficking for labour exploitation; 6 13. Consider further expert discussion of how to distinguish cases of trafficking for labour exploita- tion from other situations of irregular employment;

303 6.2.1 General Provisions Regarding Prevention

(…)

16. Develop programmes to curb the fraudulent recruitment used by some employment agencies that can make persons more vulnerable to being trafficked; (…)

19. Target awareness-raising campaigns in countries of origin, transit and destination, directed in particular at groups vulnerable to trafficking for labour exploitation;

21. Increase co-operation at an international level by sharing information and best practices on combating trafficking for labour exploitation, and examining ways to strengthen collaboration concerning law enforcement as well as victim protection and reintegration assistance in situa- tions of repatriation;

22. Improve data collection and analysis of the nexus between trafficking for labour exploitation and migration and share such information with other OSCE participating States.

Helsinki 2008 (Decision No. 5/08 on Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach)

The Ministerial Council,

Highlighting its serious concern that trafficking in human beings remains widespread in the OSCE region, (…)

Reaffirming our support for efforts by the participating States in cooperation with international and regional organizations, nongovernmental organizations and other relevant bodies to con- sider a comprehensive, coordinated and integrated approach to combating trafficking in human beings, which includes, inter alia, measures for preventing trafficking in human beings, protect- ing and assisting victims, with full respect for their human rights, and prosecuting traffickers, as well as to combating the activities of transnational criminal organizations and others that profit from the trafficking in human beings, (…)

Astana 2010

9. [I]n today’s complex and inter-connected world, we must achieve greater unity of purpose and action in facing emerging transnational threats, such as (…) the illicit trafficking in (…) human beings. Such threats can originate within or outside our region.

Vilnius 2011 (Declaration on combating all forms of human trafficking)

1. We (…) declare our strong and unwavering determination to combat human trafficking in all its forms.

304 6.2.1 General Provisions Regarding Prevention

2. We declare that human trafficking is a grave and heinous crime that violates human dignity and undermines human rights and fundamental freedoms and that feeds organized criminal networks.

3. We remain fully committed to the Universal Declaration of Human Rights: “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”

4. We reiterate the support of the participating States for the ratification and full implementation of the United Nations Convention against Transnational Organized Crime and its supplement- ing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Chil- dren, as the international framework to combat trafficking in persons. Furthermore, we stress the importance of the adoption of the United Nations Global Plan of Action (GA 64/293) to Combat Trafficking in Persons that fosters enhanced co-operation and co-ordination among all relevant stakeholders and promotes comprehensive, coordinated and consistent responses at the national, regional, and international levels to counter trafficking in human beings, and welcome OSCE efforts towards its implementation.

5. We recognize the progress achieved to date by OSCE participating States individually and col- lectively to address this heinous crime. We recall our full adherence to the OSCE’s commitment to combating human trafficking and our strong resolve to implement that commitment through a multidimensional approach, (…).

6. We express grave concern that despite sustained measures taken at the international, regional, and national levels, trafficking remains a serious problem, the number of victims of human traf- ficking which have been identified and assisted remains relatively low and few traffickers have been brought to justice. We are deeply concerned that human trafficking for the removal of organs, for the purpose of sexual exploitation, as well as for the purpose of labour exploitation, including domestic servitude, remains a serious problem.

7. (…) we commend recent efforts by the OSCE to highlight trafficking for labour exploitation, including domestic servitude, as well as child trafficking and trafficking in persons for the removal of organs.

8. We promote and support multidisciplinary co-operation, cross-sectoral training and multilat- eral partnerships. (…).

II.

10. We recognize that adequate measures should be taken to ensure that, where appropriate, iden- tified victims of human trafficking are not penalized for their involvement in unlawful activities to the extent that they have been compelled to do so. We urge participating States to implement 6 comprehensive and appropriate measures on assistance to victims of trafficking in persons.

305 6.2.1 General Provisions Regarding Prevention

11. We will renew efforts to identify and assist victims of human trafficking taking into account especially vulnerable populations. As applicable, we will promote awareness-raising campaigns aimed at persons at risk of being trafficked and addressing the social, economic, cultural, politi- cal, and other factors that contribute to the vulnerability of being trafficked. We will increase and support prevention efforts by focusing on the demand that fosters all forms of trafficking and the goods and services that result from trafficking in persons.

12. We acknowledge the important role of civil society organizations in providing assistance and empowerment to victims of trafficking in persons.

13. We acknowledge that child protection systems need to be strengthened in order effectively to help prevent, identify, and respond to child trafficking in all its forms to provide appropriate assis- tance and protection (…) to child victims of trafficking or those at risk of being trafficked, includ- ing through appropriate services and measures for the physical and psychological well-being as well as for their education, rehabilitation and reintegration.

15. We encourage participating States to work with the business sector to apply principles of due diligence and transparency in assessing and addressing risks of exploitation throughout supply chains and ensuring that workers have access to mechanisms for the redress and remedy of abu- sive practices. We encourage the dissemination and implementation of the newly adopted United Nations Guiding Principles on Business and Human Rights. Similarly, we encourage governments to consider incorporating similar standards, including “zero-tolerance” policies, in government procurement of goods and services.

III.

16. We underscore that the OSCE provides a highly valuable platform for dialogue and enhanced co-operation among participating States for a comprehensive response to human trafficking in all its forms. With this in mind, we reaffirm our determination to implement OSCE commitments, including the Action Plan to Combat Trafficking in Human Beings, to use relevant structures of the OSCE to the full, and to strengthen the OSCE’s partnership with other international and regional organizations, as well as with civil society.

Vilnius 2011 (Decision 10/11 on promoting equal opportunity for women in the economic sphere) (…)

306 6.2.1 General Provisions Regarding Prevention

Kyiv 2013 (Decisions no. 7.13 Combating Trafficking in Human Beings)

The Ministerial Council,

Reaffirming the relevant OSCE commitments of the years 2000 to 2008 and the 2011 Vilnius Min- isterial Declaration on Combating All Forms of Human Trafficking,

Reiterating the strategic value of the 2003 OSCE Action Plan to Combat Trafficking in Human Beings which provides the participating States with advanced recommendations on actions to be taken at the international and national levels in the field of prosecution, prevention and protec- tion, and guides the activities of the relevant OSCE executive structures,

Deeply concerned by the significant growth in all forms of THB, both transnational and internal, and reiterating the particular need to take more vigorous measures to address the challenging cur- rent and emerging THB trends and patterns,

Endorses the adoption of the Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: One Decade Later by Permanent Council Decision No. 1107, and considers the Adden- dum: One Decade Later to be an integral part of the 2003 OSCE Action Plan to Combat Traffick- ing in Human Beings.

Vienna 2017 (Decision No. 6/17 on Strengthening Efforts to Prevent Trafficking in Human Beings)

The Ministerial Council,

Reaffirming that trafficking in human beings is a grave and heinous crime that violates human dignity and that all aspects of combating human trafficking should be firmly based on the rule of law and respect for human rights,

Reaffirming our strongest condemnation of all forms of trafficking in human beings, including for the purpose of labour and sexual exploitation, child trafficking, forced criminality, as well as for the purpose of organ removal, and recognizing that the prevention of this crime is a priority,

Reaffirming also our commitment to addressing factors that make persons more vulnerable to trafficking and emphasizing the importance of a cross-dimensional and comprehensive approach to combating trafficking in human beings, which requires a focus on carrying out effective pre- vention measures, (…)

Recalling the relevance for the prevention of and fight against trafficking in human beings of the 2030 Agenda for Sustainable Development as well as the United Nations Convention on the Rights of the Child (1989) if they are a party, (…)

Recognizing the contribution of civil society, including religious organizations, in preventing traf- ficking in human beings, and in assisting its victims, 6

307 6.2.1 General Provisions Regarding Prevention

Calls on participating States to:

1. Develop targeted prevention policies based on, as appropriate, enhanced research and system- atically gathered reliable information, including with the support of national mechanisms, such as national rapporteurs where they exist, in order to maximize the effect and impact of anti-traf- ficking efforts at the national and international level;

2. Promote dialogue and co-operation among governments, international organizations, civil soci- ety, and the private sector, including businesses, and trade unions and employers organizations as social partners, with a view to enhance efforts to prevent human trafficking, inter alia through increasing awareness of each actor’s role and through facilitating the exchange of information on human trafficking among countries of origin, transit and destination, including the Partners for Co-operation, and recognizing the importance of the voice of victims of human trafficking in elab- orating effective anti-trafficking strategies;

3. Continue to use the OSCE as a platform for dialogue on judicial and law enforcement co-operation, border security and management as an important element to prevent trafficking in human beings;

4. Promote multi-agency, cross-sectorial and multinational capacity-building programmes that foster measures to prevent human trafficking in all of its forms, with a particular focus on factors that make people vulnerable to trafficking;

5. Take appropriate measures for effectively combating human trafficking, by developing harmo- nized procedures and training courses, inter alia on identification and protection of trafficking victims, including for relevant authorities, civil society organizations, health care and social work- ers as well as others that may have first contact with victims; 6. Strengthen education and awareness-raising efforts, including human rights education, and develop and implement empow- erment programmes which take into account the particular needs of women, men, girls and boys, in order to enhance the capacity to recognize, prevent and fight human trafficking within com- munities;

7. Adopt a victim-centred, trauma-informed and, (…) gender-sensitive approach, that fully respects human rights and fundamental freedoms in all preventive and assistance efforts;

8. Recognize the important contribution that media can make to the prevention of human traf- ficking, inter alia, through the adoption of voluntary professional standards to responsibly and sensitively cover cases of human trafficking;

9. Identify, develop and share best practices, (…), for successful national and global partnerships between the public and private sector in combating human trafficking, to promote respect for human rights and corporate social responsibility, including through public awareness-raising about the risk of human trafficking in production and sources of goods and provision of services;

10. Encourage the private sector to adopt policies and procedures to prevent all forms of human trafficking, to be actively involved in multi-stakeholder efforts, to develop awareness about the risks of human trafficking and to take into account best practices such as establishing independ- ent monitoring, verification and certification mechanisms to document compliance with and implementation of codes of conduct or self-established ethical standards, including through pro- viding incentives for businesses to act with due diligence and transparency to prevent the abuse and exploitation of workers throughout their supply chains and to enable a level playing field for responsible companies;

308 6.2.1 General Provisions Regarding Prevention

11. Promote policies, in complementarity with national legislation, that take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services;

12. Take appropriate measures to identify and eradicate the abusive and fraudulent recruitment and employment practices which can lead to trafficking for labour exploitation, sexual exploita- tion, for forced criminality, or other forms of trafficking, including measures to promote clear cri- teria for the official registration of recruitment and placement agencies and through reinforcing the role of competent authorities, such as labour inspectors;

13. Promote measures to prevent and address the use of forced labour by diplomatic and other per- sonnel of diplomatic missions and consular posts and international organizations, and promote a zero-tolerance policy for trafficking by such personnel, and take into account international best practices as compiled, for example, in the OSCE Handbook on how to prevent human trafficking for domestic servitude in diplomatic households and protect private domestic workers, and noting that many such measures are consistent with the Vienna Conventions on Diplomatic Relations and Consular Relations as well as headquarter agreements of international organizations and recogniz- ing that the Vienna Conventions include a duty to respect the laws and regulations of the receiv- ing State, including those designed to prevent and address human trafficking;

14. Task the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings and, as appropriate, other relevant executive structures in accordance with their mandates and in co-ordination with the OSCE Special Representative, to continue co-operation in the Alli- ance against Trafficking in Persons, and other regional and global platforms, inter alia, the Inter- Agency Coordination Group against Trafficking in Persons;

15. Encourage the relevant executive structures in accordance with their mandates and in co-or- dination with the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings, to continue undertaking research, in consultation with the participating States, to conduct capacity-building activities, to assist participating States, upon their request, in devel- oping policies and guidelines to strengthen efforts to prevent human trafficking; (…)

Vienna 2017 (Decision No. 7/17 on Strengthening Efforts to Combat all forms of Child Trafficking, including for Sexual Exploitation, as well as other forms of Sexual Exploitation of Children)

The Ministerial Council, (…)

Deeply alarmed by the persistence of all forms of child trafficking, both transnational and inter- nal, including the trafficking of children for the purposes of sexual and labour exploitation, and reiterating the need to take more vigorous measures against it,

Reaffirming that the best interests of the child shall be a primary consideration in decisions taken with regard to trafficked or sexually exploited children, and the importance of respecting the spe- 6 cial needs of children for protection and assistance, and the opportunity for the child to be heard,

309 6.2.1 General Provisions Regarding Prevention

Distressed that sexual exploitation of children can result in serious, lifelong consequences for the physical and psychological development and well-being of a child and, in many instances, is a form of human trafficking,

Recognizing that all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children violate human dignity and undermine the enjoyment of human rights and fundamental freedoms,

Considering that all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children constitute grave and heinous crimes, in many cases involv- ing organized crime, that must be prevented, investigated, prosecuted and penalized, (…)

Acknowledging that the sexual exploitation of children in travel and tourism, which can include travel from one country to another, is a serious crime and contributes to the demand that fosters trafficking in children for sexual exploitation,

Commending participating States that are working with the travel and tourism industry, including airlines and other modes of transportation, as well as hotels, the broader hospitality industry, civil society, and relevant international organizations to prevent all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, and to establish and implement procedures for identifying, reporting and addressing suspected child trafficking,

Underlining that information and communications technologies (ICTs) can play a positive edu- cational, developmental, and awareness-raising role for children, but can also be misused to facil- itate access to children for exploitation or for advertisement of children for sexual exploitation, and that social media platforms can be misused to groom children who may be subjected to sex- ual exploitation as well as all forms of child trafficking,

Recalling that the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings calls on participating States to train border officials, law enforcement officials, judges, pros- ecutors, immigration, and other relevant officials regarding the use of the Internet and other infor- mation and communication technologies for human trafficking and related crimes, including all forms of child trafficking and sexual exploitation of children,

Concerned that children who access pornography on the Internet may become desensitized to it and more likely to become a victim of or perpetrate sexual exploitation,

Taking note that new forms of age verification technologies have been developed over the last dec- ade and could help protect children from accessing pornography on the Internet,

Expressing concern that children in migration flows, particularly unaccompanied minors, can be particularly vulnerable to human trafficking and sexual exploitation and that specialized facili- ties, adequate security, training for and sufficient numbers of staff, as well as of female patrollers, can mitigate these risks,

1. Encourages co-operation among participating States, international organizations, and civil society in combating all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, taking note of their efforts to combat these crimes; (…)

310 6.2.1 General Provisions Regarding Prevention

8. Encourages participating States to call on information and communication technologies and social media companies to prevent the distribution of and take down child sexual abuse content online, and to protect children by combating grooming by human traffickers online for all forms of child trafficking as well as other sexual exploitation of children, including through the devel- opment of new tools and technologies; (…)

12. Tasks the relevant OSCE executive structures in accordance with their mandates and in co-or- dination with the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings to continue to assist participating States, upon their request, with implementation of their commitments related to all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children;

13. Invites OSCE Partners for Co-operation to share voluntarily the commitments of the partici- pating States on combating all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children.

Milan 2018, (Decision No. 6/18 on Strengthening Efforts to Prevent and Combat Child Trafficking, Including of Unaccompanied Minors)

The Ministerial Council,

Gravely alarmed by the prevalence of trafficking in children, including those who are unaccompa- nied, in all its forms, including for the purpose of sexual exploitation, forced labour, forced crim- inality, forced marriage, and the removal of organs, (…)

Deeply concerned about the large number of unaccompanied children who are vulnerable to human trafficking in recent years, (…)

Commending participating States that adopt special legislative and other measures for the early identification, reception and protection of children vulnerable to human trafficking, including unaccompanied minors,

Recognizing the importance of the contribution of civil society, including religious organizations, in inter alia assisting the work of national authorities in preventing and combating all forms of child trafficking, through national anti-trafficking mechanisms, including National Referral Mech- anisms, as appropriate,

Noting the 17th Alliance against Trafficking in Persons conference on “Trafficking in Children and the Best Interests of the Child” (2017) and the first OSCE Supplementary Human Dimension Meeting on “Child Trafficking: From Prevention to Protection” (2018),

Calls on the participating States to: (…) 6 13.Task the relevant OSCE executive structures, in accordance with their mandates, within avail- able resources and in co-ordination with the OSCE Special Representative and Co-ordinator for

311 6.2.2 Investigation, Law Enforcement and Prosecution

Combating Trafficking in Human Beings, to continue assisting participating States, upon their request, in addressing all forms of child trafficking, by inter alia maximizing the existing knowledge basis and ensuring at the same time that no duplication of efforts and funded programmes occurs.

6.2.2 Investigation, Law Enforcement and Prosecution

Istanbul 1999 (Charter for European Security: III. Our Common Response)

24. We will undertake measures to (…) end (…) all forms of trafficking in human beings. In order to prevent such crimes we will, among other means, promote the adoption or strengthening of legislation to hold accountable persons responsible for these acts (…)

Vienna 2000 (Decision on Enhancing the OSCE’s Efforts to Combat Trafficking in Human Beings)

The Ministerial Council, (…)

3. Recognizes the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes (…) prosecution of traffickers and their accomplices; (…)

Bucharest 2001 (Decision No. 6/01)

The Ministerial Council, (…)

Encourages information exchange with a view to strengthening investigation, law enforcement and crime prevention;

Porto 2002 (Declaration on Trafficking in Human Beings)

We call on participating States to enhance international co-operation in combating transnational organized crime, including criminal acts such as trafficking in drugs and arms, as well as smug- gling of migrants. Such co-operation should include international law enforcement bodies, such as Europol and Interpol, as well as the Southeast European Co-operative Initiative (SECI), with a view to investigating and prosecuting those responsible for trafficking in human beings in accord- ance with domestic law and, where applicable, international obligations (…)

312 6.2.2 Investigation, Law Enforcement and Prosecution

Maastricht 2003 (Annex to Decision No. 2/03 on Combating Trafficking in Human Beings; OSCE Action Plan to Combat Trafficking in Human Beings)

III. Investigation, law enforcement and prosecution (…)

Recommended action at the national level

1. Criminalization

1.1 Adopting such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

1.2 Adopting such legislative and other measures as may be necessary to establish as criminal offences: • Attempting to commit this criminal offence; • Participating as an accomplice in this criminal offence; • Organizing or directing other persons to commit this criminal offence.

1.3 Adopting such measures as may be necessary to establish the liability of legal persons for traf- ficking offences in addition to the liability of natural persons. Subject to the legal principles of the participating State, the liability of legal persons may be criminal, civil and/or administrative.

1.4 Making legislative provisions for effective and proportionate criminal penalties, including imprisonment, that take into account the serious nature of this crime. Where appropriate, legis- lation should provide for additional penalties to be applied to persons found guilty of trafficking in aggravating circumstances, such as in the case of offences involving trafficking in children or offences committed by or involving the complicity of State officials.

1.5 Considering legislative provisions for confiscation of the instruments and proceeds of trafficking and related offences, specifying, where not inconsistent with national legislation, that the confis- cated proceeds of trafficking will be used for the benefit of victims of trafficking. Giving consid- eration to the establishment of a compensation fund for victims of trafficking and the use of the confiscated assets to help finance such a fund.

1.6 Ensuring that trafficking, its constitutive acts and related offences constitute extraditable offences under national law and extradition treaties.

1.7 Adopting such legislative and other measures to establish as criminal offences acts of active or passive corruption of public officials, as referred to in Articles 8 and 9 of the United Nations Con- vention against Transnational Organized Crime.

1.8 Ensuring that victims of trafficking are not subject to criminal proceedings solely as a direct result of them having been trafficked. 6

313 6.2.2 Investigation, Law Enforcement and Prosecution

2. Law enforcement response

2.1 Fully implementing anti-trafficking and related measures set out in legislation.

2.2 Establishing special anti-trafficking units — comprising both women and men — with advanced training in investigating offences involving sexual assault or involving children, in order to pro- mote competence, professionalism and integrity.

2.3 Building capacity in the anti-corruption field.

2.4 Developing community-policing programmes: raising levels of trust between the police and the public in order, inter alia, to contribute to the acquisition of information relating to traffick- ing and to increase the willingness of victims to report offences.

2.5 Enhancing co-operation between law enforcement investigating bodies in order to establish the possibly criminal, trafficking-related origins of suspicious assets.

2.6 Providing not only the resources and training for developing intelligence-led policing for the management and analysis of crime and criminal information, but also the other advanced skills and equipment necessary for law enforcement bodies to carry out their anti-trafficking tasks.

2.7 Encouraging investigators and prosecutors to carry out investigations and prosecutions with- out relying solely and exclusively on witness testimony. Exploring alternative investigative strate- gies to preclude the need for victims to be required to testify in court.

2.8 Taking practicable measures to ensure that OSCE mission members who are behaving in breach of the OSCE Code of Conduct for Mission Members and other regulations face prescribed sanc- tions, including, as appropriate, disciplinary and criminal proceedings.

2.9 Targeting corruption of local law enforcement as a matter of priority, and ensuring that appro- priate disciplinary and criminal proceedings are undertaken against law enforcement authorities found to be engaged in corrupt practices related to trafficking in human beings.

3. Law enforcement co-operation and information exchange between participating States

3.1 Co-operating closely with one another and consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action in combating the offences covered by this Action Plan. Promoting similar co-operation and co-ordination between law enforcement agencies within States.

3.2 Adopting, in particular, effective measures • To enhance and where necessary to establish channels of communication between participat- ing States; • To co-operate on inquiries regarding offences covered by this Action Plan; • To provide, when appropriate, items or evidence necessary for analytical or investigative purposes; • To facilitate effective co-ordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agree- ments or arrangements between the participating States concerned, the posting of liaison officers;

314 6.2.2 Investigation, Law Enforcement and Prosecution

• To exchange information on specific means and methods used by organized criminal groups, including, where applicable, routes and conveyances and the use of false identities, altered or forged documents or other means of concealing their activities; • To co-ordinate administrative and other measures considered appropriate for the early identi- fication of the offences covered by this Action Plan.

3.3 Concluding agreements on bilateral and multilateral law enforcement co-operation to facili- tate exchange of information.

3.4 Undertaking efforts to develop common standards for the collection of statistical data.

4. Assistance and protection of witnesses and victims in the criminal justice system

4.1 Taking appropriate measures within participating States’ means, including legislative ones, to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Action Plan and, as appro- priate, for their relatives and other persons close to them.

4.2 Sensitizing law enforcement authorities and officials to their responsibility for ensuring the safety and immediate well-being of victims of THB.

4.3 Ensuring data protection and the victim’s right to privacy, also in the course of data collec- tion and analysis.

4.4 Facilitating the victim’s participation as a witness in the investigation and court hearings or other criminal proceedings by providing him/her with the possibility of relocation as a form of witness protection.

4.5 Providing legal counselling for victims when they are in the process of deciding whether or not to testify in court.

4.6 Permitting NGOs to support victims in court hearings, if it is not inconsistent with national legislation.

5. Training

5.1 Providing or improving training for border officials, law enforcement officials, judges, prose- cutors, immigration and other relevant officials in all aspects of trafficking in persons.

5.2 Giving, in such training programs, consideration to human rights and child-and gender-sen- sitive issues, and encouraging co-operation with non-governmental organizations, other relevant organizations and other elements of civil society.

6. Border measures

6.1 Considering taking measures that permit, in accordance with its domestic law, the denial of entry, the revocation of visas or possibly the temporary detention of persons implicated in com- mitting offences as defined by the legislation in force. 6

6.2 Considering strengthening co-operation among border control agencies by, inter alia, estab- lishing and maintaining direct channels of communication.

315 6.2.2 Investigation, Law Enforcement and Prosecution

7. Security and control of documents

7.1 Taking such measures as may be necessary, within available means, to ensure that travel or identity documents issued by or on behalf of participating States are of such quality that they can- not easily be misused, readily falsified or unlawfully altered, replicated or issued.

8. Legitimacy and validity of documents

8.1 At the request of another participating State and in accordance with its domestic law, verify- ing within a reasonable time the legitimacy and validity of travel or identity documents issued or purporting to have been issued in its name, where there are reasonable grounds to suspect their usage for trafficking in persons.

Sofia 2004 (Decision No. 13/04 on the Special Needs for Child Victims of Trafficking for Protection and Assistance)

The Ministerial Council, (…)

1. Decides to enhance OSCE efforts aimed at preventing children from being trafficked, (…) and prosecuting those who traffic in children (…)

Brussels 2006 (Decision No. 14/06 on Enhancing Efforts to Combat Trafficking in Human Beings, including for Labour Exploitation, through a Comprehensive and Proactive Approach)

The Ministerial Council, (…)

2. Urges the participating States to promote a comprehensive approach to combating all forms of trafficking in human beings through national, regional and international arrangements, cooperation and coordination between law enforcement personnel, labour inspectorates, social protection units, medical institutions, immigration and border service officials (…) and any other relevant actors, also including a gender-sensitive approach. To this end, the participating States are recommended to establish National Referral Mechanisms (NRMs), as well as to appoint national coordinators; (…)

6. Encourages the participating States to combat trafficking in human beings for labour exploita- tion in a more proactive manner, including by: (…) (g) Sharing current operational best practices in police investigations of trafficking in human beings for labour exploitation, and ensuring that police working on trafficking in human beings have regular contact with their counterparts in other agencies responsible for investigating labour

316 6.2.2 Investigation, Law Enforcement and Prosecution

conditions as appropriate and have a multidisciplinary approach to identifying and protecting the rights of victims of trafficking for labour exploitation; (…)

Madrid 2007 (Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation)

The Ministerial Council, (…)

Calls on participating States to: (…)

4. Provide increased efforts and more effective procedures to identify victims of trafficking and, in this respect, provide training and resources necessary for this task to their labour inspectors and, where appropriate, step up inspections in sectors vulnerable to labour exploitation; (…)

6. Consider allowing, in accordance with national law, for alternate representation for victims of trafficking for labour exploitation in proceedings where the victim is unable to do so; (…)

14. Ensure effective and proportionate sanctions against those who facilitate trafficking for labour exploitation, including exploitative employers;

15. Ensure effective sanctions when employers or recruitment agencies create situations of debt bondage; (…)

17. Consider ensuring that contractors who knowingly use subcontractors involved in trafficking for labour exploitation can be held accountable for that crime;

18. Consider providing training for judges, prosecutors, police officers and labour inspectors con- cerning trafficking for labour exploitation, from the perspectives of both prosecution and victim protection, and in this respect, ensure, where necessary, adequate resources are provided; (…)

317 6.2.2 Investigation, Law Enforcement and Prosecution

Helsinki 2008 (Decision No. 5/08 on Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach)

The Ministerial Council, (…)

Reiterating its concern that, despite sustained measures taken at the international, regional and national levels, (…) few traffickers have been brought to justice,

Recognizing that providing victims of human trafficking with adequate protection and assistance and enhancing victim identification are among the prerequisites for an effective criminal justice response, including the prosecution of traffickers and their accomplices, to human trafficking,

Reiterating that the commitment to combat this crime applies equally to countries of origin, tran- sit and destination,

Reaffirming our support for efforts by the participating States in cooperation with international and regional organizations, nongovernmental organizations and other relevant bodies to consider a comprehensive, coordinated and integrated approach to combating trafficking in human beings, which includes, inter alia, measures for preventing trafficking in human beings, (…) and prosecut- ing traffickers, as well as to combating the activities of transnational criminal organizations and others that profit from the trafficking in human beings, (…)

Determined to enhance effective criminal justice responses to trafficking in human beings,

1. Encourages those participating States that have not yet done so to ensure that all forms of traf- ficking in human beings as defined in the OSCE Action Plan are criminalized in their national legislation and that perpetrators of human trafficking do not enjoy impunity;

2. Encourages the participating States to ensure that training on combating trafficking in human beings is included in the curricula for law enforcement personnel and that specialized anti-traf- ficking training is provided for relevant officials in national prosecution services and the judiciary. Each participating State will take into account policies and consequences regarding trafficking in human beings when instructing its military and civilian personnel to be deployed abroad;

3. Urges the participating States to ensure that law enforcement agencies and where appropri- ate the judiciary cooperate with each other and with other bodies including social services, and where appropriate with relevant civil society organizations in order to enhance identification of victims of human trafficking;

4. Encourages the participating States where appropriate and where provided for by their respec- tive laws to ensure that civil society organizations engaged in protecting the rights of victims of trafficking have a possibility to provide assistance and support to victims also during criminal proceedings, and in this context, to consider establishing cooperation between law enforcement agencies and civil society organizations;

318 6.2.2 Investigation, Law Enforcement and Prosecution

assistance, including, if required under domestic law, an appropriate recovery and reflection period during which deportation shall not be enforced; (…)

8. Urges the participating States that have not yet done so to ensure that investigations into or prosecution of human trafficking shall not be dependent upon a report or accusation by a victim;

9. Calls on the participating States to continue their efforts to ensure that victims of human traf- ficking are treated in a manner that respects the full enjoyment of human rights without threat of intimidation or harassment, and to recognize victims’ need to have adequate time to recover from trauma;

10. Encourages the participating States to take measures in accordance with the conditions under their respective laws so that victims of human trafficking have the possibility of obtaining fair and appropriate compensation for damage they have suffered, and to claim damages during criminal and/or civil proceedings as appropriate;

11. Calls for increased cooperation by national law enforcement and prosecution agencies with rel- evant international bodies, including Interpol and Europol, and with the law enforcement agencies of other participating States, for example, through the use of liaison officers or joint investigative teams, where doing so would enhance the efficiency and effectiveness of criminal justice responses;

12. Urges the participating States to intensify measures to disrupt trafficking networks, includ- ing by means of financial investigations, investigations of money laundering connected to human trafficking and the freezing or confiscation of the assets of human traffickers;

Vilnius 2011 (Declaration on combating all forms of human trafficking) (…)

9. We recognize the need to enhance the criminal justice responses to human trafficking, including the prosecution of traffickers and their accomplices, while ensuring that victims are treated in a manner that respects their human rights and that they are provided with access to justice, to legal assistance, and to effective remedies and other services as applicable. We will explore investiga- tive techniques such as financial investigations, improve information sharing relating to organized crime groups, and promote cross-border law-enforcement and judicial collaboration to identify effectively both traffickers and potential victims of human trafficking. (…) 6 13. We acknowledge that child protection systems need to be strengthened in order effectively to help prevent, identify, and respond to child trafficking in all its forms to provide appropriate assis- tance and protection (…) to child victims of trafficking or those at risk of being trafficked, including

319 6.2.2 Investigation, Law Enforcement and Prosecution

through appropriate services and measures for the physical and psychological well-being as well as for their education, rehabilitation and reintegration.

Kyiv 2013 (Ministerial declaration on strengthening the OSCE’s efforts to address transnational threats)

We, the members of the Ministerial Council of the OSCE, recognizing the evolving nature of trans- national threats in the OSCE region and beyond, and the necessity to provide collective and effec- tive international responses, co-ordinated and founded on a cross-dimensional approach, (…),

Commend the activities of the OSCE participating States in strengthening co-operation on address- ing transnational threats in areas such as counter-terrorism, fight against organized crime, traf- ficking in human beings and (…), as well as development of confidence-building measures (CBMs) (…), which all contributed to enhancing the OSCE’s profile in countering transnational threats; (…)

Encourage the OSCE participating States and relevant executive structures within their mandates and established procedures to intensify efforts to achieve greater unity of purpose and action in addressing existing and emerging transnational threats and to continue dialogue in this field, including at focused and result-oriented OSCE-wide thematic conferences to be held as appropri- ate and preferably annually;

Invite the OSCE participating States, where needed with the support of the relevant OSCE execu- tive structures, to further develop co-operation with the UN and other relevant international and regional organizations on the basis of 1999 Platform for Co-operative Security, as well as with the OSCE Mediterranean and Asian Partners for co-operation, with a view to further strengthen the OSCE capacity in countering transnational threats, including with the engagement of civil society.

Basel 2014 (Decision No. 7/14 on Preventing and Combating Violence Against Women) (…)

(D) Prosecution

7. Encourages the participating States to:

Strengthen the efforts to investigate, prosecute and punish the perpetrators of all forms of violence against women and provide victims with protection and appropriate remedies;

Vienna 2017 (Decision No. 6/17 on Strengthenng Efforts to Prevent Trafficking in Human Beings) (…)

5. Take appropriate measures for effectively combating human trafficking, by developing harmo- nized procedures and training courses, inter alia on identification and protection of trafficking

320 6.2.2 Investigation, Law Enforcement and Prosecution

victims, including for relevant authorities, civil society organizations, health care and social work- ers as well as others that may have first contact with victims;

Vienna 2017 (Decision No. 7/17 on Strengthening Efforts to Combat all forms of Child Trafficking, including for Sexual Exploitation, as well as other forms of Sexual Exploitation of Children) (…)

3. Calls on OSCE participating States which have not already done so to consider legal measures that would allow them to prosecute their citizens for serious sexual crimes against children, even if these crimes are committed in another country;

4. Calls on OSCE participating States to prevent all forms of child trafficking and sexual exploita- tion of children, including in tourist destinations, through education and awareness-raising, and to work with the private sector and civil society to raise awareness among the tourism industry, as well as business travellers and tourists, to help eliminate demand that fuels child trafficking and sexual exploitation of children;

5. Calls on OSCE participating States to strengthen co-operation and co-ordination among rel- evant authorities, such as law enforcement and immigration and border services of participat- ing States, Partners for Co-operation, and destination States outside the OSCE region, including through considering measures, in full accordance with national laws and national and interna- tional data protection frameworks, such as: (a) Adopting additional administrative measures in relation to perpetrators, such as the registration in sex offender registers of persons convicted of child sexual exploitation or abuse, as appropriate; (b) Where relevant, a means to exchange and/or receive information transnationally among law enforcement agencies and/or judicial authorities on persons convicted of child sexual exploita- tion or abuse;

6. Urges participating States to prosecute human traffickers and perpetrators of sexual exploitation of children, including those who misuse information and communication technologies to recruit children or facilitate access to children for the purpose of subjecting them to trafficking or sexual exploitation, and impose penalties that are effective dissuasive, and proportionate to the crime;

7. Calls on participating States which have not already done so to promote the implementation of age verification technologies with a view to limit the access of children to pornographic websites;

9. Calls on participating States to share data, as appropriate and while protecting personal data from criminal use, concerning child trafficking and sexual exploitation of children with the Inter- pol International Child Sexual Exploitation (ICSE) image database, which is a hub for victim iden- 6 tification worldwide and also can help identify traffickers and their collaborators, and trace the financial flow to dismantle criminal networks;

321 6.2.3 Protection of Victims and Provision of Assistance

10. Calls on participating States to enhance further specialized training on information and com- munications technologies for border officials, law enforcement officials, judges, prosecutors, immi- gration and other relevant officials as well as teachers and health professionals, as appropriate, to combat all forms of child trafficking as well as other sexual exploitation of children;

11. Encourages participating States to raise public awareness on the vulnerabilities of children in migration flows to all forms of child trafficking, including for sexual exploitation, as well as other forms of sexual exploitation of children, to increase the capacity and broaden the scope of first line responders to identify child victims of trafficking and other sexual exploitation, and provide them with protection, as well as appropriate assistance and referrals for legal assistance as well as effective remedies and other services as applicable, in line with the relevant provisions of the 2013 Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings;

Milan 2018, (Decision No. 6/18 on Strengthening Efforts to Prevent and Combat Child Trafficking, Including of Unaccompanied Minors) (…)

9. Encourage law enforcement, or other relevant authorities, as appropriate, to co-operate with one another by collecting and exchanging information, in accordance with their respective domestic laws, including concerning the protection of personal data, about child victims of trafficking and those at risk of being subjected to human trafficking, for the purpose of strengthening their pro- tection and addressing the issue of missing children;

10. Strengthen national, regional and international co-operation for preventing and combating child trafficking, particularly with regard to reporting and sharing information, about child vic- tims of trafficking, including those unaccompanied, in accordance their respective domestic laws, including concerning the protection of personal data;

11. Consider the appointment of a national focal point to whom enquiries can be addressed by offi- cials from other countries regarding child victims of trafficking, including those who went miss- ing and/or whom they plan to return to in their respective country of origin;

12. Promote efforts to prevent child trafficking, countering the culture of impunity, and reducing and addressing the demand which fosters all forms of exploitation;

6.2.3 Protection of Victims and Provision of Assistance

Istanbul 1999 (Charter for European Security: III. Our Common Response)

24. We will undertake measures to (…) end violence against women and children as well as sex- ual exploitation and all forms of trafficking in human beings. In order to prevent such crimes we will, among other means (…) strengthen the protection of victims.

Vienna 2000 (Decision on Enhancing the OSCE’S Efforts to Combat Trafficking in Human Beings)

The Ministerial Council, (…)

322 6.2.3 Protection of Victims and Provision of Assistance

3. Recognizes the primary responsibility of participating States in combating trafficking based on an integrated and co-ordinated approach which includes (…) protection of victims (…) (…)

9. Commits to take necessary measures, including by adopting and implementing legislation, to criminalize trafficking in human beings (…) Such legislation should take into account a human rights approach to the problem of trafficking, and include provision for the protection of the human rights of victims, ensuring that victims of trafficking do not face prosecution solely because they have been trafficked;

10. Will consider adopting legislative or other appropriate measures, such as shelters, which per- mit victims of trafficking in persons to remain in their territories, temporarily or permanently, in appropriate cases; and establishing appropriate repatriation processes for the victims of traffick- ing, with due regard to their safety, including the provision of documents; and developing policies concerning the provision of economic and social benefits to victims as well as their rehabilitation and reintegration in society;

Porto 2002 (Declaration on Trafficking in Human Beings)

We will strive to render assistance and protection to the victims of trafficking, especially women and children, and to this end, when appropriate, to establish effective and inclusive national refer- ral mechanisms, ensuring that victims of trafficking do not face prosecution solely because they have been trafficked. The dignity and human rights of victims must be respected at all times (…)

We recognize that intensified co-operation among relevant actors in countries of origin, transit and destination plays a critical role in the return programmes for victims of trafficking and facil- itates their reintegration. Therefore, we encourage all organizations providing assistance to vic- tims, including NGOs, to further develop such co-operation.

We will consider adopting legislative or other measures that permit victims of trafficking to remain in our territory, temporarily or permanently, in appropriate cases, and giving consideration to humanitarian and compassionate factors.

Maastricht 2003 (Annex to Decision No. 2/03 on Combating Trafficking in Human Beings; OSCE Action Plan to Combat Trafficking in Human Beings)

V. Protection and assistance (…)

1. Data collection and research

1.1 Collecting data through the exchange and analysis of best practices and other information regard- ing effective protection of and assistance to victims of trafficking in the OSCE participating States.

2. Legislative measures 6 2.1 Considering the need for adopting legislation which will provide the legal basis for render- ing assistance and protection to victims of THB, especially during pre-trial investigations and in court proceedings.

323 6.2.3 Protection of Victims and Provision of Assistance

2.2 Ratifying, or acceding to, and fully implementing the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

3. National Referral Mechanisms (NRM)*

3.1 Establishing National Referral Mechanisms by creating a co-operative framework within which participating States fulfil their obligations to protect and promote the human rights of the vic- tims of THB in co-ordination and strategic partnership with civil society and other actors work- ing in this field.

3.2 Providing guidance to facilitate the accurate identification and appropriate treatment of the victims of THB, in ways which respect the views and dignity of the persons concerned. 3.3 Combining the efforts of law-enforcement bodies, including specially established anti-traf- ficking units and police at local level, officials of migration and border services, social protection units, medical institutions, as well as NGOs and other civil society institutions as the most rele- vant actors to be involved in NRM activities. 3.4 Establishing appropriate mechanisms to harmonize victim assistance with investigative and prosecutorial efforts. 3.5 Drawing special attention to the need for enhanced co-operation between the police and NGOs in identifying, informing and protecting victims of THB. 3.6 Linking the activities of NRMs with those of inter-ministerial bodies, national co-ordinators, NGOs and other relevant national institutions to form a cross-sectoral and multidisciplinary team capable of developing and monitoring the implementation of anti-trafficking policies.

4. Shelters

4.1 Establishing shelters, run by governmental bodies, NGOs, or other institutions of civil society to meet the needs of trafficked persons; these shelters are to provide safety, access to independent advice and counselling in a language known by the victim, first-hand medical assistance, and an opportunity for reflection delay after the experienced trauma. Shelters may be established on the basis of already existing facilities such as crisis centres for women.

4.2 Providing access to shelters for all victims of trafficking, regardless of their readiness to co-op- erate with authorities in investigations.

4.3 Giving special attention to ensuring security for personnel of such shelters, confidentiality of information obtained, and safety and privacy for victims of THB.

4.4 Using shelters to provide the kind of training opportunities for victims of THB which will facil- itate their future reintegration, employment and independence, as well as improving their com- petitive capabilities after the experienced trauma.

5. Provision of documents 5.1 Ensuring provision of documents, if necessary, as a first step to clarifying the victim’s identity and status in countries of destination, thus making it possible to proceed with options of assistance

* The ODIHR’s [National Referral Mechanisms: A Practical Handbook] may serve as a useful source of advice and information regarding the role of NRMs in rendering assistance and protection to victims of THB).

324 6.2.3 Protection of Victims and Provision of Assistance

in appropriate cases, such as repatriation, preferably voluntary, provision of a temporary or per- manent residence permit, and/or legalization of employment. 5.2 Enhancing co-operation amongst law enforcement bodies in the countries of origin, transit and destination, and responsible officials of all institutions involved in the restoration of rights of vic- tims of THB, including the personnel of embassies and consulates of participating States in order to facilitate the speedy verification of personal data and the avoidance of undue or unreasonable delay. 5.3 Informing identified victims of THB of their right to access to diplomatic and consular repre- sentatives of their country of nationality.

6. Provision of social assistance

6.1 Developing social assistance and integration programmes, including legal counselling in a lan- guage known by the victim, medical and psychological assistance and access to health care, to be made available either in shelters or other relevant institutions.

6.2 Considering, where not inconsistent with national legislation, legal measures to allow confis- cated assets to be used to supplement government funding for programmes that address the needs of victims of THB and to compensate the victims in accordance with the gravity of the crime com- mitted against them.

7. Repatriation, rehabilitation and reintegration 7.1 Assisting the victims of THB in — preferably — voluntary repatriation to the country of origin with due regard for their safety and that of their families, and without undue or unreasonable delay. 7.2 Ensuring due process in all return and removal proceedings, taking into account a humani- tarian and compassionate approach. 7.3 Considering contributing to the rehabilitation and social reintegration of victims of THB by providing them with social and economic benefits. 7.4 Raising media awareness of the need to safeguard privacy by avoiding public disclosure of the identity of victims of THB, or publication of confidential information inimical to victims’ secu- rity or to the cause of justice in criminal proceedings.

8. Provision of a reflection delay and temporary or permanent residence permits

8.1 Considering the introduction of a reflection delay to give the victim due time to decide whether or not to act as a witness.

8.2 Considering on a case-by-case basis, if appropriate, the provision of temporary or permanent residence permits, taking into account such factors as potential dangers to victims’ safety.

8.3 Considering, if appropriate, the provision of work permits to victims during their stay in the receiving country.

9. Ensuring the right to apply for asylum 9.1 Ensuring that anti-trafficking laws, policies, programmes and interventions do not affect the right of all persons, including victims of THB, to seek and enjoy asylum from persecution in 6 accordance with international refugee law, in particular through effective application of the prin- ciple of non-refoulement.

325 6.2.3 Protection of Victims and Provision of Assistance

10. Protection of children 10.1 Ensuring that the special needs of children and the best interests of the child are fully taken into account when deciding upon appropriate housing, education and care. In appropriate cases, if there is no direct threat to the safety of the child, providing the children with access to the State educational system. 10.2 Deciding on the repatriation of a child victim of THB only after having taken account of all the circumstances of the specific case and if there is a family or special institution in the country of origin to ensure the child’s safety, protection, rehabilitation and reintegration.

10.3 Considering the provisions outlined in the United Nations High Commissioner for Refugees Guidelines for the Protection of Unaccompanied Minors when elaborating policies targeted at this risk group, and in particular for those who are not in possession of identification documents.

10.4 Using bilateral and/or regional agreements on fundamental principles of good reception of unaccompanied children in order to combine efforts targeted at the protection of children.

10.5 Ratifying or acceding to, and fully implementing, the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography.

11. National Referral Mechanism

11.1 Enhancing the activities of the OSCE, especially the ODIHR, in assisting participating States, upon their request, in establishing the NRM.

14. Training (…)

14.2 Tasking the ODIHR with the collection and dissemination of information on measures, train- ing programmes and materials already in place in OSCE participating States.

15. Legislative measures

Sofia 2004 (Decision No. 13/04 on the Special Needs for Child Victims of Trafficking for Protection and Assistance)

The Ministerial Council, (…) 1. Decides to enhance OSCE efforts aimed at preventing children from being trafficked, protect- ing and assisting child victims of trafficking (…)

326 6.2.3 Protection of Victims and Provision of Assistance

Brussels 2006 (Decision No. 14/06 on Enhancing Efforts to Combat Trafficking in Human Beings, including for Labour Exploitation, through a Comprehensive and Proactive Approach)

The Ministerial Council, (…)

2. Urges the participating States to promote a comprehensive approach to combating all forms of trafficking in human beings through national, regional and international arrangements, coopera- tion and coordination between law enforcement personnel, labour inspectorates, social protection units, medical institutions, immigration and border service officials, civil society organizations, victim support services, and the business community and any other relevant actors, also includ- ing a gender-sensitive approach. To this end, the participating States are recommended to estab- lish National Referral Mechanisms (NRMs), as well as to appoint national coordinators; (…)

4. Urges the participating States, in cooperation with international organizations and NGOs when appropriate, to seek to diminish the risk for repatriated victims to be retrafficked, particularly by addressing factors that make persons more vulnerable to trafficking in human beings such as pov- erty, discrimination, lack of access to education and economic opportunities, sexual abuse, and domestic violence and by conducting risk assessments to ensure that return of victims is done with due regard for their safety;

5. Underlines the importance of providing effective access to justice for victims of trafficking in human beings, including in the areas of counselling and information about their legal rights in a language that they can understand, as well as in providing the possibility to obtain compensation for damage suffered and calls on the participating States to implement their obligations under the relevant provisions of the UN Convention against Transnational Organized Crime (Palermo Con- vention) and its supplementing Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children; (…)

Madrid 2007 (Decision No. 8/07 on Combating Trafficking in Human Beings for Labour Exploitation)

The Ministerial Council, (…)

Calls on participating States to:

1. Ensure that victims of trafficking for labour exploitation have access to justice;

2. In conformity with domestic law and international obligations, provide a reflection delay and grant temporary or permanent residence permits to victims of trafficking, allow for the provision of work permits to victims during their stay, and raise awareness of such opportunities;

3. Ensure the provision of assistance to victims of trafficking for labour exploitation, and in par- 6 ticular access to shelter, healthcare, legal assistance and social assistance taking into considera- tion the recommendations in Part V of the OSCE Action Plan to Combat Trafficking in Human

327 6.2.3 Protection of Victims and Provision of Assistance

Beings and its Addendum Addressing the Special Needs of Child Victims of Trafficking for Pro- tection and Assistance, and raise awareness about the availability of such services;

6. Consider allowing, in accordance with national law, for alternate representation for victims of trafficking for labour exploitation in proceedings where the victim is unable to do so;

7. Consider elaborating or strengthening their legislation that offers victims of trafficking for labour exploitation the possibility of obtaining compensation for damage suffered, including, where appro- priate, restitution of wages owed to them;

9. Ensure that civil society organizations, which legally provide assistance to victims of trafficking for labour exploitation, are not penalized or criminalized for providing such assistance;

10. Provide, in accordance with the basic principles of their legal system, for the possibility, where appropriate, of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so; (…)

21. Increase co-operation at an international level by sharing information and best practices on combating trafficking for labour exploitation, and examining ways to strengthen (…) victim pro- tection and reintegration assistance in situations of repatriation; (…)

Helsinki 2008 (Decision No. 5/08 on Enhancing Criminal Justice Responses to Trafficking in Human Beings through a Comprehensive Approach)

The Ministerial Council, (…)

328 6.2.3 Protection of Victims and Provision of Assistance

Reiterating its concern that, despite sustained measures taken at the international, regional and national levels, the number of victims of human trafficking which have been identified and assisted remains limited (…), (…)

Reaffirming our support for efforts by the participating States in cooperation with international and regional organizations, nongovernmental organizations and other relevant bodies to consider a comprehensive, coordinated and integrated approach to combating trafficking in human beings, which includes, inter alia, measures for preventing trafficking in human beings, protecting and assisting victims, with full respect for their human rights (…), (…)

5. Calls on the participating States to ensure that, when authorities have reasonable grounds to believe that a person is a victim of human trafficking, that person will not be deported until the identification process has been adequately completed, and that person has been given appropri- ate assistance, including, if required under domestic law, an appropriate recovery and reflection period during which deportation shall not be enforced;

6. Encourages the participating States to ensure that victims of human trafficking have access with- out undue delay to secure accommodation, psychological and medical treatment and counselling regarding their legal rights and the services available to them;

Vilnius 2011 (Declaration on combating all forms of human trafficking) (…) 6 10. We recognize that adequate measures should be taken to ensure that, where appropriate, iden- tified victims of human trafficking are not penalized for their involvement in unlawful activities

329 6.2.3 Protection of Victims and Provision of Assistance

to the extent that they have been compelled to do so. We urge participating States to implement comprehensive and appropriate measures on assistance to victims of trafficking in persons.

12. We acknowledge the important role of civil society organizations in providing assistance and empowerment to victims of trafficking in persons.

13. We acknowledge that child protection systems need to be strengthened in order effectively to help prevent, identify, and respond to child trafficking in all its forms to provide appropriate assistance and protection in the best interest of the child to child victims of trafficking or those at risk of being trafficked, including through appropriate services and measures for the physical and psychological well-being as well as for their education, rehabilitation and reintegration.(…)

Basel 2014 (Decision No. 7/14 on Preventing and Combating Violence Against Women) (…)

5. Encourages the participating States to:

Promote programmes and activities that empower and support women who have been victims of violence.

6. Tasks the OSCE executive structures to, within their mandates:

Assist the participating States, upon their request, in strengthening their capacities for protection of victims of all forms of violence against women;

Facilitate the exchange between the participating States of information, experience, and best prac- tices concerning protection;

Provide technical assistance to the participating States that request so, in organizing support ser- vices such as telephone hotlines, crisis centres, etc.;

330 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

Vienna 2017 (Decision No. 6/17 on Strengthenng Efforts to Prevent Trafficking in Human Beings) (…)

Vienna 2017 (Decision No. 7/17 on Strengthening Efforts to Combat all forms of Child Trafficking, including for Sexual Exploitation, as well as other forms of Sexual Exploitation of Children) (…)

Reaffirming that the best interests of the child shall be a primary consideration in decisions taken with regard to trafficked or sexually exploited children, and the importance of respecting the spe- cial needs of children for protection and assistance, and the opportunity for the child to be heard, (…)

2. Encourages participating States to adopt a victim-centred and trauma-informed approach that takes into account the respective gender-specific concerns of girls and boys, in the best interests of the child, and fully respects the human rights and fundamental freedoms of children subjected to human trafficking or sexual exploitation; (…)

6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

See also: II. 6.2: Prevention of Trafficking in Human Beings II. 6.4: Prevention of Terrorism

Paris 1990 (A New Era of Democracy, Peace and Unity) 6 We will (…) join together in combating illicit trafficking in drugs.

331 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

Helsinki 1992 (Summit Declaration)

27. Illicit trafficking in drugs represents a danger to the stability of our societies and democratic institutions. We will act together to strengthen all forms of bilateral and multilateral co-operation in the fight against illicit trafficking in drugs and other forms of international organized crime.

Bucharest 2001 (Ministerial Declaration)

4. (…) Organized crime, illicit traffic in drugs and arms, and trafficking in human beings, affect the security, economy and social structure of all participating States. The Ministerial Council supports enhanced efforts and greater international co-operation to combat these challenges, and urges participating States who have not yet done so to become parties to the United Nations Con- vention Against Transnational Organized Crime and its Protocols.

Porto 2002 (Declaration on Trafficking in Human Beings)

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

31. The OSCE will step up its work to combat organized crime. Regular meetings of police experts from OSCE participating States and representatives of other relevant specialized international and regional organizations would constitute an important contribution in this respect (…) The OSCE Document on SALW remains a key instrument for combating trafficking in and proliferation of SALW in all its aspects. Its implementation will be further strengthened. The OSCE will continue the collaborative efforts already underway with the UNODC to address the issue of illicit traf- fic in narcotic drugs. An effective and comprehensive international approach to dealing with this issue needs to be developed.

32. The Strategic Police Matters Unit was set up to improve the capacity of participating States to address threats posed by criminal activity and to assist them in upholding the rule of law. The aim is to enhance key policing skills, including respect for human rights and fundamental freedoms. The OSCE will, at the request of participating States, increase its focus on assistance to authorities, including at the local level, on fighting crime and criminal networks and will define and develop core competencies for police activities such as training and capacity-building activities.

33. The OSCE will intensify its efforts to address such issues as smuggling of migrants and ille- gal migration.

34. A comprehensive and multidisciplinary approach is required to effectively prevent and com- bat corruption in all its forms. The OSCE, in close co-ordination with the UNODC and other rele- vant international organizations and financial institutions, will contribute to reducing corruption across the OSCE region.

35. Threats of terrorism and organized crime are often interlinked, and synergetic approaches to deal with them will be further explored. Cross-border movement of persons, resources and

332 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

weapons as well as trafficking for the purpose of financing and providing logistic support play an increasing role for terrorist activities. The OSCE is committed to addressing these problems and to strengthening its capacities to promote open and secure borders, inter alia, through the elabo- ration of an OSCE Border Security and Management Concept in order to enhance capacity build- ing and mutually beneficial inter-State co-operation.

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

2. The OSCE participating States reaffirm the obligations and commitments on borderrelated issues that they have undertaken at all levels: (…)

2.2 At the OSCE level: The participating States reaffirm the norms, principles, commitments and values enshrined in the Helsinki Final Act, all of which apply equally and unreservedly, each of them being interpreted taking into account the others. They reaffirm the principles and commit- ments contained in the Copenhagen Document 1990, the Helsinki Document 1992 and the Char- ter for European Security 1999. They recall the action plans, decisions and other relevant agreed OSCE documents which address borderrelated issues. In particular, strengthening OSCE capac- ities to promote open and secure borders and enhancing mutually beneficial inter-State co-oper- ation are means to address the threats of (…) organized crime, (…) and the illicit trafficking in weapons, drugs and human beings, as identified in paragraph 35 of the OSCE Strategy to Address Threats to Security and Stability in the TwentyFirst Century; (…)

4.3 To prevent and repress transnational organized crime, illegal migration, corruption, smuggling and trafficking in weapons, drugs and human beings;

Ljubljana 2005 (Decision No.3/05 on Combating Transnational Organized Crime)

The Ministerial Council, (…) • Underscoring links that exist between transnational organized crime and other threats, such as illicit drugs, terrorism, illicit trade in small arms and light weapons, as well as in sensitive mate- rials and technologies, trafficking in human beings, smuggling of migrants, cyber crime, cor- ruption and illegal migration in the context of organized crime and money laundering, • Recognizing that the United Nations Convention against Transnational Organized Crime and its Protocols, adopted by the General Assembly of the United Nations on 15 November 2000 in New York, mark a major step forward in international cooperation against transnational organ- ized crime and provide the opportunity for a global response, 6 • Recognizing the ongoing work of the OSCE in the areas linked to combating organized crime,

333 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

• Convinced that the OSCE concept of comprehensive security is well placed to enhance the abil- ity of all participating States to tackle the threat of organized crime, and that the OSCE may pro- vide a relevant framework for promoting the fight against organized crime and acknowledging the important work done by relevant international organizations and institutions, in particular United Nations Office on Drugs and Crime, • Urges participating States to enhance cooperation between themselves and the UNODC, the Council of Europe and other relevant international organizations; • Invites the OSCE participating States that have not yet done so to consider becoming parties to the United Nations Convention against Transnational Organized Crime and its Protocols, adopted by the General Assembly of the United Nations on 15 November 2000 in New York, and to fully implement their obligations under these instruments thereafter; • Tasks the Secretary General with providing the requesting participating States with support for the mobilization of technical assistance, including the necessary expertise and resources, from relevant competent international organizations for the implementation of the United Nations Convention against Transnational Organized Crime and its Protocols in support of and in close consultation with the Conference of Parties and the UNODC; • Recalls that preventing and combating organized crime require a coherent approach by the par- ticipating States, in promoting the implementation of their own relevant national legislation and programmes, in particular in the field of criminal justice, consistent with the rule of law and OSCE participating States’ commitments; • Tasks the Permanent Council to carry forward co-operation between participating States and to work on designing, with the support of the Secretary General and the relevant OSCE institu- tions, possible measures and forms of assistance that could be available to requesting participat- ing States with a view to improving and promoting the functioning of criminal justice systems, inter alia, legislation, law enforcement, prosecution, administration of justice, international legal co-operation, including extradition, and the penal system, in consultation with the UNODC, the Council of Europe and other pertinent international organizations; (…)

Brussels 2006 (Decision No. 5/06 on Organized Crime)

The Ministerial Council, (…)

Concerned that organized crime is becoming increasingly efficient at exploiting our globalized economies and open societies and is representing a growing multidimensional challenge to all participating States throughout the whole OSCE area,

Concerned that organized crime commands vast wealth and can wield tremendous power, poten- tially undermining the democratic values in our societies and threatening the safety and security of ordinary citizens directly and indirectly,

Concerned also by the challenges and threats posed by the links between organized crime, traffick- ing in human beings, weapons and illicit drugs, corruption and terrorism as well as other forms of transnational and domestic criminal activity,

Convinced that addressing organized crime must remain a central element in our policies to pro- vide safety and security to our citizens, both domestically and through international co-operation,

334 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

Underscoring that organized crime can best be fought through democratic institutions that respect human rights and the rule of law, and are accountable to citizens and civil society,

Emphasizing the key role played by an efficient and effective criminal justice system in uphold- ing public safety and security,

Recognizing the continued relevance of the United Nations standards and norms in crime preven- tion and criminal justice and of the role of the United Nations Office on Drugs and Crime (UNODC) in supporting their use and application and welcoming increasing cooperation between the OSCE Secretariat, the UNODC and the UN Commission on Crime Prevention and Criminal Justice,

Recognizing the activities of other United Nations bodies and other international fora in the field of the rule of law,

Recognizing the importance of the implementation of the obligations under the United Nations Convention against Transnational Organized Crime (Palermo Convention) and, as appropriate, its supplementing protocols and under the United Nations Convention against Corruption, as ways for both addressing organized crime and corruption and for fostering international cooper- ation in criminal matters, (…)

Recognizing the need for the OSCE to focus on enhancing international legal cooperation and on improving criminal justice systems as part of its overall security agenda, in coordination with the United Nations and other multilateral forums,

1. Urges participating States to continue to address organized crime as an important threat and, where possible, to strengthen the implementation of their respective international obligations and OSCE commitments in all areas of their criminal justice systems;

2. Recommends to consider adopting, as appropriate, national plans addressing securityrelated issues, and to apply an integrated approach, mindful of the fact that every element of the criminal justice system impacts on the other elements;

3. Invites participating States to consider undertaking self-assessments of their criminal justice 6 systems, using, as appropriate, instruments available from international organizations, such as the UNODC/OSCE assessment toolkits and making, if necessary, best use of other tools available,

335 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

including from the Council of Europe (CEPEJ) and other organizations, academia or bar associ- ations;

5. Recommends, as part of policy planning in preventing and fighting organized crime, the improve- ment of data collection and analysis, the national development and use of risk and threat assess- ments, and the promotion of the exchange of information and best practices to the extent not already under way;

6. Recommends increasing national efforts at international co-operation, coordination and infor- mation exchange as an important step in countering transnational organized crime;

7. Urges participating States to enhance international legal cooperation in criminal matters, inter alia, through considering becoming parties to the UN Convention against Transnational Organ- ized Crime (Palermo Convention), as appropriate the supplementing protocols thereto, the UN Convention against Corruption, and through implementing their obligations under these and other multilateral and bilateral legal cooperation instruments to which they are a party including through appropriate utilization of the relevant articles on mutual legal assistance and extradition;

8. Urges participating States to consider accession to the Convention on the Transfer of Sentenced Persons (Strasbourg, 21 November 1983) and its 1997 Additional Protocol, as appropriate, and to consider entering into bilateral agreements complementing this Convention, facilitating the trans- fer of sentenced persons;

9. Supports international police co-operation and takes note of the outcome of the OSCE chiefs of police meeting held in Brussels on 24 November 2006, including the suggestion to meet regu- larly, when such meetings are coordinated with and take into account other police chiefs’ meetings;

10. Recommends undertaking efforts at outreach to the population, including cooperation between law enforcement authorities and civil society organizations, so that citizens may become more aware of their civil rights, develop greater trust in the criminal justice system as the guarantor of these rights, and feel comfortable when approaching the relevant authorities;

11.(a) Tasks the Secretary General and the relevant OSCE executive structures, within their respec- tive mandates, with giving enhanced attention in their policies and activities to the key role of criminal justice systems in institution-building and in the promotion of the rule of law, as well as with co-operating and co-ordinating more closely in order to take better into account the inter- action between the components of those systems; (b) Tasks the Secretary General and the relevant OSCE executive structures, within their respec- tive mandates, with building on and consolidating the existing knowledge and experience on crim- inal justice and organized crime; (c) Tasks the Secretary General to support and promote international legal cooperation in crimi- nal matters between participating States, also taking into account the framework provided by the UN Convention against Transnational Organized Crime and supporting its Conference of Par- ties and to continue co-operating with the UNODC in matters including combating organized crime and illicit drugs;

336 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

(d) Tasks the Secretary General and the ODIHR to brief the participating States regularly and to present a joint written report to the participating States before the summer recess in 2007, on the implementation of the abovementioned tasks; (e) Tasks the Permanent Council to take note of the above-mentioned report and to consider, if appropriate, a possible follow-up; (f) Tasks the Secretary General and the relevant OSCE executive structures including ODIHR, as appropriate in coordination and cooperation with other international organizations and institu- tions, to stand ready to respond to project proposals and requests for cooperation from participat- ing States and to consider facilitating training programmes, all within their respective mandates and as contributions are available for this purpose; (g) Underlines the importance of increased coherence and continuity of the efforts of all concerned OSCE bodies as well as reinforced co-operation with specialized agencies. In this respect, tasks the Secretary General to enhance co-ordination of these activities, within available resources and mandates. Invites the participating States to extend support to these activities.

Astana 2010

9. [I]n today’s complex and inter-connected world, we must achieve greater unity of purpose and action in facing emerging transnational threats, such as (…) organized crime, (…) and the illicit trafficking in small arms and light weapons, [and] drugs (…). Such threats can originate within or outside our region.

Kyiv 2013 (Ministerial Declaration on Strengthening the OSCE’s efforts to address transnational threats) (…)

(…) recognizing the evolving nature of transnational threats in the OSCE region and beyond, and the necessity to provide collective and effective international responses, co-ordinated and founded on a cross-dimensional approach, (…),

Commend the activities of the OSCE participating States in strengthening co-operation on address- ing transnational threats in areas such as counter-terrorism, fight against organized crime, traf- ficking in human beings and in illicit drugs, police-related activities and border security and management, as well as development of confidence-building measures (CBMs) (…) which all con- tributed to enhancing the OSCE’s profile in countering transnational threats; (…)

Welcome also the efforts of the OSCE participating States under the guidance of the OSCE Ukrain- ian Chairmanship-in-Office and supported by the relevant OSCE executive structures in achiev- ing progress in implementing the OSCE Concept for Combating the Threat of Illicit Drugs and the Diversion of Chemical Precursors, the OSCE Strategic Framework for Police-Related Activi- ties, the OSCE Consolidated Framework for the Fight against Terrorism, as well as the OSCE Bor- der Security and Management Concept;

Note that the aforementioned documents establish a solid basis for the OSCE’s work in the field of 6 countering transnational threats and underline the importance of their full and continued oper- ationalization and integration in OSCE activities;

337 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

Milan 2018, (Decision No. 6/18 on Strengthening Efforts to Prevent and Combat Child Trafficking, Including of Unaccompanied Minors) (…)

Acknowledging that the adoption of a victim-centred and trauma-informed approach that takes into account the respective gender-specific concerns of girls and boys and the best interests of the child, is paramount to effectively prevent and protect children from being subjected to traffick- ing in human beings,

Recognizing that collaboration among States, first line responders and civil society, can further help safeguard children, including those who are unaccompanied, from being subjected to human trafficking,

Recalling that in Ministerial Council Decision No. 7/17, the participating States expressed concern about the vulnerability of unaccompanied minors to human trafficking and encouraged partici- pating States to raise public awareness of the vulnerabilities of children in migration flows, to all forms of child trafficking, and to increase the capacity and broaden the scope of first line respond- ers to identify child victims of trafficking and provide such children with protection, as well as with appropriate assistance, effective remedies and other services as applicable under domestic law, (…)

Calls on the participating States to:

1. Adopt relevant measures so that all child victims of human trafficking are treated in line with the principle of non-discrimination, and in accordance with their individual needs and taking into account their best interests, providing opportunities for them to be heard, as appropriate, and upholding and protecting their human rights;

2. Adopt a victim-centred and trauma-informed approach that takes into account the respective gender-specific concerns of girls and boys and the best interests of the child, and fully respects the human rights and fundamental freedoms of children subjected to human trafficking;

3. Provide, as relevant, government service providers and agencies that come into contact with chil- dren with adequate guidance and training on how to properly identify, report, assist, and protect child victims of trafficking in an age-appropriate and manner that takes into account the respec- tive gender-specific concerns of girls and boys, and consider the provision of relevant training to private sector actors that come into contact with child victims of trafficking;

338 6.3 Prevention of Illicit Trafficking in Drugs and Arms, and Other Forms of International Organized Crime

4. Take measures to provide child victims of trafficking, when necessary, with a qualified and trained guardian or equivalent and/or a legal representative as a matter of priority, in order to safeguard the interests of child victims of trafficking, including those who are unaccompanied, and that their guardians and/or legal representatives are involved in procedures concerning their assistance and in finding durable and sustainable solutions for them;

5. Address the situation of child victims of trafficking, including those unaccompanied, within a child protection framework;

6. Promote national anti-trafficking mechanisms, including National Referral Mechanisms where they exist, and child protection systems where appropriate, that recognize the needs and rights of child victims of trafficking; incorporate victim-centred, trauma-informed and age-appropriate assistance; apply a multidisciplinary approach, respecting human rights, that takes into account the respective gender-specific concerns of girls and boys, and reflects, as appropriate, input and recommendations from survivors of human trafficking when providing immediate assistance and looking for durable and sustainable solutions; as well as establish referral channels that are appro- priate for children;

7. Provide that, to the extent possible, any assessment of the needs of a child victim of traffick- ing takes into account his or her interests and views and the need for care, protection and safety;

8. Upon identification of a child as a victim of trafficking, or when there are reasonable grounds to believe that a child may have been subjected to trafficking, take appropriate action to keep the child safe, in particular by preventing sexual and other abuse, preventing re-victimization, in accord- ance with national laws, provide for the possibility of not imposing penalties on victims for their involvement in unlawful activities, to the extent that they have been compelled to do so, and by providing suitable rehabilitation, reintegration and/or repatriation programmes, where appropriate;

Tirana 2020 (Declaration on Strengthening Co-operation in countering Transnational Organized Crime) (…)

3. We reiterate our grave concern about the negative effects of transnational organized crime on stability and security, including the exploitation of globalized economies and open societies, the undermining of democratic values and governance and the threatening of the safety and security of citizens, directly or indirectly, as well as human rights and fundamental freedoms.

4. We reaffirm participating States’ primary role in combatting transnational organized crime and underscore that it can best be fought by ensuring respect for human rights, fundamental freedoms, and by upholding the rule of law, and emphasise the key role played by an effective, trusted, profes- sional, independent and accountable criminal justice system in upholding public safety and security.

5. We acknowledge the central role of the United Nations in countering transnational organized crime, as well as the importance of the work done by relevant international organizations. We reaf- firm that the OSCE’s comprehensive concept of security complements global efforts to counter the complex threat of transnational organized crime. 6 6. We underline that countering transnational organized crime, and its root causes, requires effec- tive and democratic institutions accountable to citizens, criminal justice systems based on the rule of law, and the application of a holistic, comprehensive and coherent approach, in order to prevent

339 6.4 Prevention of Terrorism

and reduce opportunities for organized criminal groups to operate in, or infiltrate the fabric of, our societies, licit economies, and institutions, or to benefit from the proceeds of their crimes.

7. We recall the relevant international tools and mechanisms available to assist participating States in undertaking self-assessments and, where necessary, enhancing their criminal justice systems.

8. We recognize that transnational organized crime can have a differential impact on diverse groups within society. We encourage co-operation between all relevant stakeholders, including civil soci- ety, in order to help build resilient communities, and to develop comprehensive responses to, and preventive measures against, transnational organized crime which take into account the needs, concerns and interests of all groups within society, protect the victims of crime and provide them access to appropriate remedies, while promoting the full, equal and meaningful participation of women in the efforts to counter transnational organized crime.

9. We underline the importance of strengthening national co-ordination and international co-op- eration in countering transnational organized crime, including, where appropriate, through direct contact and engagement between relevant authorities, and by exchange of information and best practices, as well as by using the tools provided by the OSCE, the UNODC, and other relevant international organizations.

10. We recommit to maintaining the countering of transnational organized crime among the pri- orities of the OSCE by enhancing implementation of the respective international obligations and the OSCE’s existing commitments. We reaffirm the tasking of the relevant OSCE executive struc- tures to brief the participating States regularly on OSCE activities related to the implementation of existing OSCE commitments to address transnational organized crime, and encourage contin- ued discussions on this topic among participating States.

11. We invite the OSCE Partners for Co-operation to join us in affirming this declaration.

6.4 Prevention of Terrorism

6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Madrid 1983 (Questions Relating to Security in Europe: Principles) (…)

The participating States condemn terrorism, including terrorism in international relations, as endangering or taking innocent human lives or otherwise jeopardizing human rights and funda- mental freedoms and emphasize the necessity to take resolute measures to combat it.

They express their determination to take effective measures for the prevention and suppression of acts of terrorism, both at the national level and through international co-operation including appropriate bilateral and multilateral agreements, and accordingly to broaden and reinforce mutual co-operation to combat such acts. They agree to do so in conformity with the Charter of the United Nations, the United Nations Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and the Helsinki Final Act. (…)

340 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

The participating States confirm that they will refrain from direct or indirect assistance to terrorist activities or to subversive or other activities directed towards the violent overthrow of the regime of another participating State. Accordingly, they will refrain, inter alia, from financing, encour- aging, fomenting or tolerating any such activities.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(8) The participating States unreservedly condemn, as criminal, all acts, methods and practices of terrorism, wherever and by whomever committed, including those which jeopardize friendly relations among States and their security, and agree that terrorism cannot be justified under any circumstances.

(9) They express their determination to work for the eradication of terrorism both bilaterally and through multilateral co-operation, particularly in such international fora as the United Nations, the International Civil Aviation Organization and the International Maritime Organization and in accordance with the relevant provisions of the Final Act and the Madrid Concluding Document.

(10) Convinced of the need to combine measures at a national level with reinforced international co-operation, the participating States express their intention (10.1) to pursue a policy of firmness in response to terrorist demands; (10.2) to reinforce and develop bilateral and multilateral co-operation among themselves in order to prevent and combat terrorism as well as to increase efficiency in existing co-operation at the bilat- eral level or in the framework of groups of States including, as appropriate, through the exchange of information; (…) (10.4) to take effective measures for the prevention and suppression of acts of terrorism directed at diplomatic or consular representatives and against terrorism involving violations of the Vienna Conventions on Diplomatic and Consular Relations, in particular their provisions relating to dip- lomatic and consular privileges and immunities; (…) (10.6) to consider becoming parties, if they have not yet done so, to the relevant international con- ventions relating to the suppression of acts of terrorism; (10.7) to continue to work in the appropriate international bodies in order to improve and extend measures against terrorism and to ensure that the relevant agreements are accepted and acted upon by as many States as possible.

Helsinki 1992 (Summit Declaration)

26. (…) We will encourage exchange of information concerning terrorist activities. We will seek further effective avenues for co-operation as appropriate. We will also take the necessary steps at a national level to fulfil our international obligations in this field.

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security)

6. The participating States will not support terrorist acts in any way and will take appropriate meas- 6 ures to prevent and combat terrorism in all its forms. They will co-operate fully in combating the threat of terrorist activities through implementation of international instruments and commit- ments they agree upon in this respect (…)

341 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Istanbul 1999 (Charter for European Security: I. Our Common Challenges)

4. International terrorism, violent extremism, organized crime and drug trafficking represent growing challenges to security. Whatever its motives, terrorism in all its forms and manifestations is unacceptable...The excessive and destabilizing accumulation and uncontrolled spread of small arms and light weapons represent a threat to peace and security. We are committed to strength- ening our protection against these new risks and challenges; strong democratic institutions and the rule of law are the foundation for this protection. We are also determined to co-operate more actively and closely with each other to meet these challenges.

Bucharest 2001 (Ministerial Declaration)

2. We resolutely condemn all acts of terrorism. Terrorism, whatever its motivation or origin, has no justification. No cause can justify the purposeful targeting of innocent people. In the fight against terrorism, there is no neutrality.

3. (…) We reiterate that the struggle against terrorism is not a war against religions or peoples (…)

Bucharest 2001 (Decision No. 1 on Combating Terrorism)

The 55 participating States of the OSCE stand united against terrorism, a scourge of our times.

The OSCE participating States resolutely condemn the barbaric acts of terrorism that were com- mitted against the United States on 11 September 2001. They represented an attack on the whole of the international community, and on people of every faith and culture. These heinous deeds, as well as other terrorist acts in all forms and manifestations, committed no matter when, where or by whom, are a threat to international and regional peace, security and stability. There must be no safe haven for those perpetrating, financing, harbouring or otherwise supporting those responsi- ble for such criminal acts (…)

The OSCE participating States will not yield to terrorist threats, but will combat them by all means in accordance with their international commitments. This will require a long and sustained effort, but they take strength from their broad coalition, reaching from Vancouver to Vladivostok (…) They firmly reject identification of terrorism with any nationality or religion (…)

The OSCE participating States pledge to reinforce and develop bilateral and multilateral co-opera- tion within the OSCE, with the United Nations and with other international and regional organiza- tions, in order to combat terrorism in all its forms and manifestations, wherever and by whomever committed. As a regional arrangement under Chapter VIII of the Charter of the United Nations, the OSCE is determined to contribute to the fulfilment of international obligations as enshrined, inter alia, in United Nations Security Council resolution 1373 (2001), and will act in conformity with the purposes and principles of the Charter of the United Nations. The OSCE participating States pledge to become parties to all 12 United Nations conventions and protocols related to ter- rorism as soon as possible. They call for a speedy finalization of negotiations for a Comprehensive United Nations Convention on International Terrorism. (…)

(…) the OSCE Ministerial Council adopts The Bucharest Plan of Action for Combating Terror- ism, annexed to this Decision.

342 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Bucharest 2001 (Annex to Decision No. 1 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

I. Goal of the Action Plan

1. (…) The OSCE participating States commit their political will, resources and practical means to the implementation of their obligations under existing international terrorism conventions (…)

3. The aim of the Action Plan is to establish a framework for comprehensive OSCE action to be taken by participating States and the Organization as a whole to combat terrorism, fully respect- ing international law, including the international law of human rights and other relevant norms of international law. (…)

II. International legal obligations and political commitments

4. (…) The widest and most comprehensive participation in and implementation of existing instru- ments and commitments to combat terrorism by the participating States must be pursued and ensured.

5. Participating States: Pledge themselves to apply efforts to become parties to all 12 United Nations conventions and protocols relating to terrorism, by 31 December, 2002, if possible, recognizing the important role that parliamentarians may play in ratification and other anti-terrorism legislative processes. (...) Will participate constructively in the ongoing negotiations at the United Nations on a Comprehensive Convention against International Terrorism and an International Convention for the Suppression of Acts of Nuclear Terrorism, with a view to their early and successful conclusion. (…)

7. Participating States: Will consider how the OSCE may draw upon best practices and lessons learned from other relevant groups, organizations, institutions and fora in areas such as police and judicial co-operation; prevention and suppression of the financing of terrorism; denial of other means of support; border controls including visa and document security; and access by law enforcement authorities to information.

8. The participating States will also use the Forum for Security Co-operation (FSC) to strengthen their efforts in combating terrorism through full and timely implementation of all relevant meas- ures agreed by the OSCE. To this end they will enhance implementation of existing politico-mili- tary commitments and agreements, in particular the Code of Conduct on Politico-Military Aspects of Security and the Document on Small Arms and Light Weapons (SALW) (…)

III. Preventive action against terrorism in the OSCE area (…)

11. Promoting human rights, tolerance and multi-culturalism: Participating States/Permanent Council/ODIHR/High Commissioner on National Minorities (HCNM)/Representative on Free- dom of the Media: Will promote and enhance tolerance, co-existence and harmonious relations between ethnic, religious, linguistic and other groups as well as constructive co-operation among 6 participating States in this regard. Will provide early warning of and appropriate responses to violence, intolerance, extremism and discrimination against these groups and, at the same time, promote their respect for the rule of law, democratic values and individual freedoms. Will work

343 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

to ensure that persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity. (…)

13. Addressing negative socio-economic factors: Participating States/Secretariat: Will aim to iden- tify economic and environmental issues that undermine security, such as poor governance; cor- ruption; illegal economic activity; high unemployment; widespread poverty and large disparities; demographic factors; and unsustainable use of natural resources (…)

14. Preventing violent conflict and promoting peaceful settlement of disputes: Drawing on all its capacities, the OSCE will continue and intensify work aimed at early warning and appropriate response, conflict prevention, crisis management and post-conflict rehabilitation; will strengthen its ability to settle conflicts; will increase efforts to find lasting solutions to unresolved conflicts, including through promotion of the rule of law and crime prevention in such conflict zones through increased co-operation with the United Nations, the European Union and other international organ- izations; and will further develop its rapid deployment capability (REACT) in crisis situations.

16. Strengthening national anti-terrorism legislation: Participating States: Will commit themselves to implementing all the obligations they have assumed under relevant conventions and protocols relating to terrorism as well as the United Nations Convention against Transnational Organized Crime and its additional protocols, sharing information and methods in this regard and consid- ering ways and means of co-operation in implementation at bilateral, OSCE-wide and sub-re- gional meetings. (…)

24. Suppressing the financing of terrorism. Participating States: Will, within the framework of the United Nations Convention on the Suppression of Financing of Terrorism and UNSCR 1373 (2001), take action to prevent and suppress the financing of terrorism, criminalize the wilful provision or collection of funds for terrorist purposes, and freeze terrorist assets also bearing in mind UNSCR 1267 (1999). Will, in accordance with their domestic legislation and obligations under interna- tional law, provide early response to requests for information by another participating State and relevant international organizations.

25. Participating States/Secretariat: (…) Will consider how the OSCE may contribute, within the framework of its work on transparency and the fight against corruption, to the wider international effort to combat terrorism. Will consider taking on a catalytic role in providing targeted projects for the training of the personnel of domestic financial institutions in counter-terrorism areas, inter alia on monitoring of financial flows and on prevention of money laundering. Participating States will participate constructively in the forthcoming negotiations at the United Nations on a global instrument against corruption, with a view to their early and successful conclusion.

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travel documents and preventing their counterfeiting, forgery and fraudulent use. Will apply such control measures fully respecting their obligations under international refugee and human rights law. Will, through the proper application of the exclusion clauses contained in the 1951 Conven- tion Relating to the Status of Refugees and its 1967 Protocol, ensure that asylum is not granted to persons who have participated in terrorist acts. Will provide for the timely detention and prose- cution or extradition of persons charged with terrorist acts, in accordance with their obligations under international and national law.

IV. Action under the Platform for Co-operative Security – Co-operation with other organizations (…)

28. Participating States/Secretariat: Will strengthen co-operation and information exchanges, both formally and informally, with other relevant groups, organizations, and institutions involved in combating terrorism. Will strengthen co-operation with the European Union on analysis and early warning and reinforce synergy with the Stability Pact for South Eastern Europe and the Central European Initiative in areas relevant to combating terrorism. Will promote dialogue within the OSCE area on issues relating to new threats and challenges. Will broaden dialogue with partners outside the OSCE area, such as the Mediterranean Partners for Co-operation and Partners for Co-operation in Asia, the Shanghai Co-operation Organization, the Conference on Interaction and Confidence-Building Measures in Asia, the Organization of the Islamic Conference, the Arab League, the African Union, and those States bordering on the OSCE area to exchange best prac- tices and lessons learned in counter-terrorism efforts for application within the OSCE area (…)

Bucharest 2001 (Decision No. 9 on Police-Related Activities)

The Ministerial Council, (…)

Affirming that effective policing is essential to uphold the rule of law and to defend democratic institutions; (…)

3. Decides to increase and promote co-operation among participating States in countering new security challenges, including by: • at the request of participating States and with their agreement (…) providing and co-ordinating OSCE police training, including at the subregional level, with a view to: • improving operational and tactical policing capacities; • enhancing key policing skills, including respect for human rights and fundamental freedoms, and, as appropriate, dealing with the criminal aspects of illegal migration; and, • increasing community policing, anti-drug, anti-corruption and anti-terrorist capacities; and, • at the request of participating States and with their agreement: – providing advice or arrang- ing for the provision of expert advice on requirements for effective policing (needs assessments) and how to meet them, (…) and, • encouraging where appropriate the exchange of information among and between participat- 6 ing States regarding lessons learned and best policing practices in countering these new secu- rity challenges. (…)

345 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

5. In keeping with the above undertakings, participating States commit to: • enhance co-operation on police-related issues between and among themselves in order to address new risks and challenges to their security, both bilaterally and multilaterally, and, where appro- priate, through increased contacts between relevant bodies; and, • share OSCE expertise and lessons learned in police-related activities with other relevant inter- national organizations of which they are members with a view to more effective international action to address these new risks and challenges to security.

Porto 2002 (Charter on Preventing and Combating Terrorism)

The OSCE participating States, firmly committed to the joint fight against terrorism, (…)

2. (…) reaffirm that action against terrorism is not aimed against any religion, nation or people; (…)

4. Declare that acts, methods and practices of terrorism, as well as knowingly providing assistance to, acquiescing in, financing, planning and inciting such acts, are contrary to the purposes and principles of the United Nations and the OSCE;

5. Consider of utmost importance to complement the ongoing implementation of OSCE com- mitments on terrorism with a reaffirmation of the fundamental and timeless principles on which OSCE action has been undertaken and will continue to be based in the future, and to which par- ticipating States fully subscribe; (…)

8. Reaffirm that every State is obliged to refrain from (…) organizing, instigating, providing active or passive support or assistance to, or otherwise sponsoring terrorist acts in another State (…)

11. Recognize that the relevant United Nations conventions and protocols, and United Nations Security Council resolutions, in particular United Nations Security Council resolution 1373 (2001), constitute the primary international legal framework for the fight against terrorism;

12. Recognize the importance of the work developed by the United Nations Security Council Coun- ter-Terrorism Committee and reaffirm the obligation and willingness of participating States and the OSCE to co-operate with this Committee;

13. Recall the OSCE’s role as a regional arrangement under Chapter VIII of the United Nations Charter, and its obligations in this context to contribute to the global fight against terrorism; (…)

15. Take note with satisfaction of the Declaration and the Programme of Action adopted at the Bishkek International Conference on Enhancing Security and Stability in Central Asia: Strength- ening Comprehensive Efforts to Counter Terrorism, held on 13 and 14 December 2001; (…)

17. Underscore that the prevention of and fight against terrorism must be built upon a concept of common and comprehensive security and enduring approach, and commit to using the three

346 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

dimensions and all the bodies and institutions of the OSCE to assist participating States, at their request, in preventing and combating terrorism in all its forms;

18. Undertake to fulfil their obligation, in accordance with the United Nations conventions, proto- cols and Security Council resolutions, as well as other international commitments, to ensure that terrorist acts and activities that support such acts, including the financing of terrorism, are estab- lished as serious criminal offences in domestic laws;

19. Will work together to prevent, suppress, investigate and prosecute terrorist acts, including through increased co-operation and full implementation of the relevant international conventions and protocols relating to terrorism;

20. Are convinced of the need to address conditions that may foster and sustain terrorism, in par- ticular by fully respecting democracy and the rule of law, by allowing all citizens to participate fully in political life, by preventing discrimination and encouraging intercultural and inter-reli- gious dialogue in their societies, by engaging civil society in finding common political settlement for conflicts, by promoting human rights and tolerance and by combating poverty;

21. Acknowledge the positive role the media can play in promoting tolerance and understanding among religions, beliefs, cultures and peoples, as well as for raising awareness of the threat of ter- rorism;

23. Will prevent the movement of terrorist individuals or groups through effective border controls and controls relating to the issuance of identity papers and travel documents; (…)

25. Reaffirm their commitment to fulfil their international obligations, as set out in United Nations Security Council resolutions 1373 (2001) and 1390 (2002), and in particular to freeze the assets of those designated by the Committee established pursuant to United Nations Security Council res- olution 1267 (1999);

26. Note with concern the links between terrorism and transnational organized crime, money laundering, trafficking in human beings, drugs and arms, and in this regard emphasize the need to enhance co-ordination and to develop co-operative approaches at all levels in order to strengthen their response to these serious threats and challenges to security and stability (…)

Porto 2002 (Decision No.1 on Implementing the OSCE Commitments and Activities on Combating Terrorism)

The Ministerial Council, (…)

Decides that all OSCE participating States, bodies and institutions shall continue on an urgent 6 basis to implement and ensure the effectiveness of their Bucharest commitments;

347 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Reaffirms the commitment of all participating States to become parties as soon as possible to all 12 United Nations conventions and protocols related to terrorism and welcomes the steps under- taken by participating States that have already completed these procedures;

Commit themselves to work towards the successful conclusion of negotiations on new universal instruments in this field, presently under way within the United Nations and confirms their read- iness to consider, in co-ordination with the United Nations Security Council Counter-Terrorism Committee, requests for technical assistance and capacity building with a view to advancing the ratification and implementation of United Nations and other relevant instruments on terrorism; (…)

Recalls the Personal Representative of the Chairman-in-Office for Preventing and Combating Ter- rorism’s recommendation that the OSCE pursue activities inter alia in policing, border security, anti-trafficking and suppressing terrorist financing (…)

Decides that the OSCE participating States, bodies and institutions will intensify their efforts and their collective commitment to combat terrorism and the conditions that may foster and sustain it by exploiting its strengths and comparative advantages: its comprehensive approach to security; its expertise in early-warning, conflict prevention, crisis management and post-conflict rehabili- tation; its wide ranging repertoire of proven confidence – and security-building measures and its expertise in capacity building.

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

Threats to security and stability in the twenty-first century

10. Terrorism is one of the most important causes of instability in the current security environment. It seeks to undermine the very values that unite the participating States in the OSCE area. Ter- rorism will remain a key challenge to peace and stability and to State power, particularly through its ability to use asymmetric methods to bypass traditional security and defence systems. There is no justification for terrorism whatsoever. At the same time, terrorism requires a global approach, addressing its manifestations as well as the social, economic and political context in which it occurs. (…)

Addressing terrorism and threats arising from other criminal activities

28. UN conventions and protocols as well as UN Security Council resolutions constitute the global legal framework for combating terrorism. In support of this, the OSCE has through decisions in 2001 and 2002 established a structure for comprehensive action by participating States and the Organization to address, as a main priority, the threat of terrorism, its manifestations and condi- tions that may foster and sustain it. (…)

29. (…) Special attention will be given to capacity building and other assistance in the sphere of counter-terrorism (…) Such measures include denying safe havens to terrorists and eliminating conditions in which terrorists may recruit and gain support. They also aim at preventing terrorists from increasing their capabilities, including by preventing terrorists from gaining access to SALW and other conventional weapons as well as WMD and associated technologies. Close interaction with other relevant international organizations and bodies, in particular the UN Security Council

348 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Counter-Terrorism Committee (UN CTC) and the UN Office on Drugs and Crimes (UNODC), is sought through joint meetings, contacts at all levels and specific programmes and projects.

30. The OSCE has also decided to establish a Counter-Terrorism Network to promote the strength- ening of co-ordination of counter-terrorism measures and information sharing between OSCE participating States and to support and supplement the work of the UN CTC in implementing Security Council resolution 1373. (…)

35. Threats of terrorism and organized crime are often interlinked, and synergetic approaches to deal with them will be further explored. Cross-border movement of persons, resources and weapons as well as trafficking for the purpose of financing and providing logistic support play an increasing role for terrorist activities. The OSCE is committed to addressing these problems and to strengthening its capacities to promote open and secure borders, inter alia, through the elabo- ration of an OSCE Border Security and Management Concept in order to enhance capacity build- ing and mutually beneficial inter-State co-operation.

Sofia 2004 (Ministerial Statement on Preventing and Combating Terrorism)

1. We, the members of the Ministerial Council of the OSCE (…) declare our resolute and uncondi- tional condemnation of terrorist acts, in particular those committed in 2004 in Spain, Uzbekistan, Turkey and Russia (…) We grieve the loss of hundreds of human lives and express our profound solidarity with victims of acts of terrorism and their families. These acts have vividly exposed ter- rorism’s inhuman nature. We express our solidarity with the States not participating in our Organ- ization which were also attacked by terrorists.

Reiterating that terrorism constitutes one of the most serious threats to peace and security and considering that acts of terrorism seriously impair the enjoyment of human rights, we reaffirm our commitment to protect the enjoyment of human rights and fundamental freedoms, especially the right to life, of everyone within our jurisdiction against terrorist acts (…)

2. We underscore the leading role of the United Nations in the comprehensive fight against terrorism.

We reaffirm obligations and commitments adopted by our States in the field of combating terror- ism within the United Nations, (…) (…)

4. (…) We reaffirm that the OSCE efforts to counter terrorist threats should be taken in all OSCE dimensions, the security dimension, including the politico-military area, the economic and envi- ronmental dimension, and the human dimension. Based on the common, comprehensive and indivisible approach to security, our Organization could make further substantial contributions to global anti-terrorist efforts.

We are convinced that respect of human rights and fundamental freedoms is an important ele- ment of ensuring peace and stability and prevention of terrorism. We acknowledge that effective prevention of and fight against terrorism require the involvement of civil society in our countries. 6 (…) We will actively co-operate to find and bring to justice the perpetrators, organizers, support- ers and sponsors of terrorist acts.

349 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

We also will continue to develop interaction and dialogue on the issues of preventing and combat- ing terrorism with the Mediterranean and Asian Partners for Co-operation.

Ljubljana 2005 (Ministerial Statement on the International Convention for the Suppression of Acts of Nuclear Terrorism)

2. We pledge to apply all efforts to sign this International Convention on the day of its opening for signature at the United Nations Headquarters in New York on 14 September 2005.

3. We encourage the implementation of all the necessary measures to ratify, accept, approve or oth- erwise become parties to this International Convention in the shortest possible time. (…)

Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States)

2. The OSCE participating States reaffirm the obligations and commitments on borderrelated issues that they have undertaken at all levels: (…)

2.2 At the OSCE level: The participating States reaffirm the norms, principles, commitments and values enshrined in the Helsinki Final Act, all of which apply equally and unreservedly, each of them being interpreted taking into account the others. They reaffirm the principles and commit- ments contained in the Copenhagen Document 1990, the Helsinki Document 1992 and the Char- ter for European Security 1999. They recall the action plans, decisions and other relevant agreed OSCE documents which address borderrelated issues. In particular, strengthening OSCE capaci- ties to promote open and secure borders and enhancing mutually beneficial inter-State co-opera- tion are means to address the threats of terrorism (…) as identified in paragraph 35 of the OSCE Strategy to Address Threats to Security and Stability in the TwentyFirst Century; (…)

4.2 To reduce the threat of terrorism, including by preventing crossborder movement of persons, weapons and funds connected with terrorist and other criminal activities; (…)

350 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Brussels 2006 (Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism)

We, the members of the Ministerial Council of the OSCE, reaffirm our strong determination to combat terrorism in all its forms and manifestations, as a crime that has no justification, what- ever its motivation or origin and to continue and reinforce OSCE counter-terrorism activities in line with existing OSCE commitments. (…)

We are convinced of the importance of reinforcing the international legal framework against ter- rorism, comprised of the universal conventions and protocols related to the prevention and the sup- pression of terrorism, relevant United Nations Security Council resolutions, the recently adopted United Nations Global CounterTerrorism Strategy, as well as regional and bilateral legal instru- ments related to terrorism.

We call on the OSCE participating States to implement the relevant United Nations Security Coun- cil resolutions regarding the fight against terrorism.

We welcome the significant progress achieved in the participating States’ compliance with the Bucharest Ministerial commitment to become party to the 12 antiterrorism conventions and pro- tocols, with 46 participating States being party to all 12 instruments that are currently in force.

We call on those OSCE participating States which have not yet done so to make every effort to become party without delay to the universal conventions and protocols against terrorism cur- rently in force, and to implement them, in particular through criminalization of related offences in their national legislation.

We reiterate our call on the OSCE participating States to consider becoming parties to the Interna- tional Convention for the Suppression of Acts of Nuclear Terrorism and the United Nations Con- vention against Transnational Organized Crime, as well as the United Nations Convention against Corruption, and support continuing efforts to adopt a comprehensive convention on international terrorism on terms that advance the international community’s counterterrorism objectives.

We call on participating States to consider becoming parties to regional and subregional legal instruments related to terrorism or legal cooperation in criminal matters adopted by organizations to which we belong, as well as — whenever appropriate to fill gaps in existing legal instruments — to conclude bilateral agreements on mutual legal assistance and extradition, in order to be able to cooperate fully, in accordance with the rules applicable under domestic and international law, in efforts to find and to bring to justice perpetrators, organizers, supporters and sponsors of terror- ist acts, on the basis of the principle to extradite or prosecute.

We also will continue to develop interaction and dialogue on the issues of preventing and combat- ing terrorism with the Mediterranean and Asian Partners for Co-operation.

Madrid 2007 (Ministerial Statement on Supporting the United Nations Global Counter- Terrorism Strategy) (…) 6 3. We recognize the leading role of the United Nations in the international efforts against terrorism and support the UN Global Counter-Terrorism Strategy adopted on 8 September 2006 by the UN

351 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

General Assembly, which we look upon as providing guidance for OSCE counter-terrorism activ- ities, since the Strategy outlines a comprehensive global approach towards countering terrorism by addressing not only its manifestations, but also the conditions conducive to its spread, within a framework based on human rights and the rule of law and complying with all obligations under international law, in particular international human rights law, refugee law and humanitarian law.

4. We recall the comprehensive global approach of the Strategy towards countering terrorism by addressing not only its manifestations, but also the conditions conducive to its spread, including but not limited to, prolonged unresolved conflicts, dehumanization of victims of terrorism in all its forms and manifestations, lack of rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socio-economic marginalization and lack of good governance, while recognizing that none of these conditions can excuse or justify acts of terrorism. (…)

6. We recall the commitment to implement all UN Security Council resolutions related to inter- national terrorism, recognizing that many States continue to require assistance in their imple- mentation. (…)

8. (…) The OSCE, in particular its participating States (…) will continue to implement counter-ter- rorism commitments and could focus, albeit not exclusively, on the following activities:

9. The OSCE will continue promoting the international legal framework against terrorism, in par- ticular the universal anti-terrorism conventions and protocols, encouraging participating States to become parties to them and to implement their obligations under these instruments; (…)

17. The OSCE will continue its activities in countering violent extremism and radicalization that lead to terrorism. Intolerance and discrimination must be addressed and countered by the OSCE’s participating States and OSCE’s executive structures within their respective mandates. The Per- manent Council, with the support of the Secretariat and institutions, will consider in 2008 how the OSCE, with a multidimensional approach, could contribute to the development of a better understanding of the phenomena of violent extremism and radicalization that lead to terrorism, through sharing of national experiences; (…)

Helsinki 2008 (Decision No. 10/08 on Further Promoting the OSCE’s Action in Countering Terrorism)

The Ministerial Council, (…)

Reaffirming the existing OSCE counter-terrorism commitments and the intention to maintain counter-terrorism activities among the priorities of the OSCE, (…)

Reiterating the need to address conditions that may foster and sustain terrorism, in particular by fully respecting democracy and the rule of law, by allowing all citizens to participate fully in

352 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

political life, by preventing discrimination and encouraging intercultural and inter-religious dia- logue in their societies, by engaging civil society in finding common political settlement for con- flicts, by promoting human rights and tolerance and by combating poverty, (…)

1. Calls upon the participating States and the OSCE executive structures to continue their efforts aimed at actively contributing to the implementation of the UN Global CounterTerrorism Strat- egy and other UN counterterrorism documents;

2. Calls upon the participating States to continue promoting publicprivate partnerships with civil society, media, the business community and industry in countering terrorism, including through the dissemination of lessons learned and exchange of relevant information and national best prac- tices both at the OSCE and national, subregional and regional levels, where appropriate; (…)

4. Calls upon the OSCE participating States to make use of the OSCE executive structures in countering violent extremism and radicalization that lead to terrorism in their respective coun- tries. To this end, participating States are encouraged to continue to exchange ideas and national best practices about their strategies and measures to counter violent extremism and radicaliza- tion that lead to terrorism as well as to enhance their cooperation with media, the business com- munity, industry and civil society; (…)

Athens 2009 (Decision No. 3/09 on Further Measures to Support and Promote the International Legal Framework against Terrorism)

The Ministerial Council, (…)

(…) welcoming the significant progress achieved in connection with participating States becom- ing party to the 12 universal anti-terrorism conventions and protocols of 1963–1999, as well as the progress in the signing and ratifying of the International Convention for the Suppression of Acts of Nuclear Terrorism (2005), (…)

Recognizing the need to implement the offence provisions from universal anti-terrorism conven- tions and protocols into national criminal and, where applicable, also administrative and civil leg- islation, making them punishable by appropriate penalties, in order to bring to justice perpetrators, organizers, supporters and sponsors of terrorist acts within the rule of law and facilitate interna- tional legal co-operation based on the principle “extradite or prosecute”, as required by relevant UN Security Council resolutions and the universal anti-terrorism instruments,

Recognizing also that OSCE participating States may require technical assistance in their efforts with regard to the above,

Recognizing the important role that parliamentarians play in the ratification and national legisla- 6 tive implementation of the universal anti-terrorism conventions and protocols,

353 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Urges those OSCE participating States that have not yet done so to make every effort to become party without delay to the 13 universal anti-terrorism conventions and protocols currently in force and to fully implement their provisions;

Calls on OSCE participating States to consider becoming party to the Amendment to the Conven- tion on the Physical Protection of Nuclear Material (2005), the Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (2005), and the Protocol to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (2005) and to fully implement their provisions thereafter;

Calls on OSCE participating States to consider becoming parties to regional and subregional legal instruments related to terrorism, including to the Council of Europe Convention on the Preven- tion of Terrorism; (…)

Calls on the OSCE participating States to strengthen inter-State co-operation in promoting the universal anti-terrorism conventions and protocols through sharing technical expertise and tasks the Secretary General with continuing to facilitate inter-State co-operation, including, matching offers and requests for technical assistance between participating States;

Tasks the Secretary General and relevant OSCE executive structures, within available resources with continuing to collaborate with the UNODC in strengthening the legal regime against terror- ism by promoting implementation of the universal counter-terrorism instruments, in particular continuing to enhance and streamline, the support provided to the UNODC Terrorism Preven- tion Programme with regard to: • Awareness raising and helping build the political will of participating States to become party to the universal anti-terrorism conventions and protocols; • Providing technical assistance to requesting participating States in drafting anti-terrorism crim- inal legislation; • Training of judicial officials in international legal co-operation in criminal matters related to terrorism; (…)

Astana 2010

9. [I]n today’s complex and inter-connected world, we must achieve greater unity of purpose and action in facing emerging transnational threats, such as terrorism (…). Such threats can originate within or outside our region.

Dublin 2012 (Declaration on Strengthening Good Governance and Combating Corruption, Money-Laundering and the Financing of Terrorism) (…)

We, (…), reaffirm our full commitment to tackling corruption and countering money-launder- ing, the financing of terrorism and related offences by making them policy priorities backed up by appropriate legal instruments, adequate financial, human and institutional resources and, where necessary, appropriate tools for their practical and effective implementation. (…)

354 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

We recognize that acts of international terrorism depend on the financing that terrorists may obtain. We consider that the financing of terrorism is a matter of grave concern to the international com- munity as a whole. We are convinced of the urgent need to enhance international co-operation among States in devising and adopting effective measures for the prevention of the financing of ter- rorism, as well as for its suppression through the prosecution and punishment of its perpetrators.

Kyiv 2013 (Ministerial Declaration on Strengthening the OSCE’s efforts to address transnational threats)

Commend the activities of the OSCE participating States in strengthening co-operation on address- ing transnational threats in areas such as counter-terrorism, (…).

Belgrade 2015 (Ministerial Declaration on Reinforcing OSCE Efforts to counter Terrorism in the Wake of Recent Terrorist Attacks)

We, the Ministers for Foreign Affairs of the participating States of the Organization for Security and Co-operation in Europe, are horrified by the deadly terrorist attacks against civilians that occurred across the OSCE area and in its neighbourhood in 2015; we offer heartfelt condolences to the families of the victims, and to the people and governments that have been targeted, and wish a speedy recovery to those who were injured.

We condemn unequivocally and in the strongest terms all terrorist attacks, including the indis- criminate killing of civilians and the deliberate targeting of individuals and communities, inter alia on the basis of their religion or belief, in particular by the Islamic State in Iraq and the Levant, also known as DAESH (ISIL/DAESH), Al-Nusrah Front (ANF), and all other individuals, groups, undertakings and entities associated with Al-Qaida, which constitute a global and unprecedented threat to international peace and security.

We reaffirm that terrorism, in all its forms and manifestations, constitutes one of the most seri- ous threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and that terrorism cannot and should not be associated with any race, religion, nationality or civilization.

We are committed to reinforcing our efforts to address the threat of terrorism, including the threat posed by foreign terrorist fighters, and to this aim to continue to fully implement OSCE commit- ments in the field of preventing and combating terrorism, as well as UN Security Council resolu- tions 2170, 2178, 2199 and 2249.

We recall that participating States shall prevent and suppress the financing of terrorist acts, and shall refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and elimi- nating the supply of weapons to terrorists. 6 We reaffirm our commitment to remain united in combating terrorism and to work together to prevent and suppress terrorist acts, as well as to address the conditions conducive to its spread, through increased international solidarity and co-operation, in full recognition of the central role of the United Nations, and in accordance with the UN Charter and other obligations under

355 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

applicable international law, in particular international human rights law, international refugee law and international humanitarian law, as well as through the full implementation of the UN Secu- rity Council resolutions and the UN Global Counter-Terrorism Strategy.

We underscore that respect for human rights, fundamental freedoms and the rule of law are com- plementary and mutually reinforcing with effective counter-terrorism measures, and are an essen- tial part of a successful counter-terrorism effort, and note the importance of the respect for the rule of law so as to effectively prevent and combat terrorism.

We reiterate our determination and commitment to co-operate fully in preventing and countering terrorism in accordance with our obligations under international law in order to find, deny safe haven to and bring to justice, on basis of the principle of “extradite or prosecute”, any person who supports, facilitates, participates in or attempts to participate in the financing, planning, prepara- tion or perpetration of terrorist acts or provides safe havens.

We stress that terrorism can only be defeated by a sustained and comprehensive approach involv- ing the active participation and co-operation of all participating States and relevant international and regional organizations, as well as, where appropriate, civil society, to impede, impair, isolate and incapacitate terrorist threat. (…)

We are convinced that combating terrorism, in accordance with OSCE principles and commit- ments, requires comprehensive and sustained efforts, in addressing the manifestations of terrorism, as well as the various social, economic, political and other factors, which might engender condi- tions in which terrorist organizations could engage in recruitment and win support, while recog- nizing that none of these conditions can excuse or justify acts of terrorism.

We reaffirm the steadfast determination of the participating States to protect the fundamental principles on which the OSCE is based, and to implement all OSCE commitments, particularly those related to preventing and combating terrorism, including the phenomenon of foreign terror- ist fighters to countering violent extremism and radicalization that lead to terrorism, to respect- ing human rights and the rule of law and to fostering tolerance and non-discrimination, mutual respect and understanding in our societies.

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Underscoring our resolute and unconditional condemnation of terrorism and violent extremism, and our profound solidarity with all the victims of terrorism,

Reaffirming the commitment of participating States to work together to prevent, suppress, inves- tigate and prosecute terrorism-related acts, including their financing, and stressing their strong determination to combat terrorism in all its forms and manifestations, as a crime that has no jus- tification, whatever its motivation or origin, and that terrorism and violent extremism cannot and should not be associated with any race, ethnicity, nationality or religion (…)

356 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

Recognizing the leading role of the United Nations in the international efforts to prevent and coun- ter terrorism and violent extremism, and the commitment of participating States to the full imple- mentation of the UN Global Counter-Terrorism Strategy,

Guided by our conviction that combating terrorism and violent extremism, in accordance with OSCE principles and commitments, requires comprehensive and sustained efforts, in addressing the manifestations of terrorism, as well as the various social, economic, political and other fac- tors, which might engender conditions in which terrorist organizations could engage in recruit- ment and win support,

Reaffirming the commitment of participating States to exchange ideas and national best practices about their strategies and measures to counter violent extremism and radicalization that lead to terrorism, in order to enhance practical co-operation, (…)

Hamburg 2016 (Ministerial Declaration on Strengthening OSCE Efforts to Prevent and Counter Terrorism)

1. We, the Ministers for Foreign Affairs of the participating States of the Organization for Secu- rity and Co-operation in Europe, condemn in the strongest possible terms all terrorist attacks that occurred across the OSCE area, neighbouring regions, and worldwide, in particular in 2016. We reaffirm our solidarity with victims of terrorism and emphasize the need to promote interna- tional solidarity in support of them and to ensure that they are treated with dignity and respect. We offer heartfelt condolences to the families of the victims, and to the people and governments that have been targeted.

2. We condemn unequivocally and express outrage at the indiscriminate killing and deliberate tar- geting of civilians, numerous atrocities, persecutions of individuals and communities, inter alia on the basis of their religion or belief, by terrorist organizations, in particular by the so-called Islamic State in Iraq and Levant, also known as DAESH (ISIL/DAESH), Al-Qaida, ANF/Jabhat Fatah al-Sham, and associated individuals, groups, undertakings and entities.

3. We reaffirm that terrorism, in all its forms and manifestations, constitutes one of the most seri- ous threats to international peace and security and that any act of terrorism is criminal and unjus- tifiable regardless of its motivations, and that terrorism cannot and should not be associated with any race, religion, nationality or civilization.

4. We underscore the central role of the United Nations in preventing and countering terrorism, and strongly reaffirm our commitment to take the measures needed to protect everyone within our jurisdictions against terrorist acts and the need for all actions to be conducted in compliance with the UN Charter, and all other applicable obligations under international law, in particular interna- tional human rights law, international refugee law and international humanitarian law, as well as relevant UN Security Council resolutions. In accordance with these documents, we underscore the importance of our commitments under the UN Global Counter-Terrorism Strategy. We also take note of the relevant good practices documents adopted by the Global Counterterrorism Forum.

5. We recall all relevant OSCE documents adopted in the field of preventing and countering ter- 6 rorism under the previous Chairmanships. We also take note of the Council of Europe Convention on the Prevention of Terrorism and encourage OSCE participating States to consider becoming a Party to the Convention and to its Additional Protocol.

357 6.4.1 Condemnation of, and Commitment to Combat, Terrorism

6. We stress that participating States have the primary role in preventing and countering terrorism and violent extremism and radicalization that lead to terrorism (VERLT), while respecting their obligations under international law, in particular human rights and fundamental freedoms. We strongly reaffirm our determination and commitment to remain united in preventing and coun- tering terrorism, through increased international solidarity and co-operation and a sustained and comprehensive approach at all relevant levels, involving the active participation and co-operation of all participating States and relevant international and regional organizations. We recognize that participating States should take measures, consistent with their OSCE commitments, and while ensuring national ownership, to address the conditions conducive to the spread of terrorism, while recognizing that none of these conditions can excuse or justify acts of terrorism. In this context, we recognize the need to address the threat posed by narratives used by terrorists, including pub- lic justification of terrorism, incitement and recruitment, and call on the participating States to act co-operatively to develop the most effective responses to this threat, in compliance with inter- national law, including international human rights law.

7. We welcome the work done by the Financial Action Task Force (FATF) and stress that all par- ticipating States shall take appropriate steps to prevent and suppress the financing of terrorism and refrain from any form of financial support, in particular through engagement in favour of ter- rorist organizations in direct or indirect trade in natural resources, such as oil and oil products, in weapons, ammunition and spare parts, in cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance. We also underscore the importance of co-operation among OSCE participating States to prevent and counter the recruitment of mem- bers of terrorist groups, including foreign terrorist fighters. We will further reduce the threat of terrorism by preventing cross-border movement of persons, weapons, funds connected to the ter- rorist activities, in line with OSCE commitments.

8. We reaffirm that those who participate in the financing, planning, facilitating, preparing, or per- petrating terrorist acts must be held accountable and brought to justice on the basis of the prin- ciple extradite or prosecute, in compliance with the obligations under international law, as well as applicable domestic legislation. We reiterate our determination and commitment to co-oper- ate fully in preventing and countering terrorism, while respecting human rights and fundamen- tal freedoms, and in compliance with obligations under international law. We call on States to co-operate in efforts to address the threat posed by terrorists, including foreign terrorist fighters and returnees, by inter alia developing and implementing, after prosecution, rehabilitation and re-integration strategies.

9. We emphasize the key importance of information-sharing, especially in the areas of foreign ter- rorist fighters, stolen and lost travel documents, firearms, and looted or stolen cultural property, such as antiquities and encourage all States to make full use of available multilateral and bilateral mechanisms and data exchange systems.

10. We stress the importance of co-operation among OSCE participating States, including by involving where appropriate, civil society, to prevent and counter terrorism. We also underscore the important role that civil society, in particular youth, families, women, victims of terrorism, religious, cultural and education leaders, as well as the media and the private sector can play in preventing VERLT, inter alia by countering terrorist and violent extremism messaging and offer- ing alternatives to these narratives, including on the Internet, social and other media. We encour- age political leaders and public figures including from civil society and religious leaders to speak out strongly and promptly against violent extremism and radicalization that lead to terrorism.

358 6.4.2 Respecting Human Rights and the Rule of Law while Combating Terrorism

11. We take positive note of the continued implementation of the “OSCE United in Countering Violent Extremism (#United CVE) campaign” and we recall that the UN General Assembly took note of the Plan of Action to Prevent Violent Extremism presented by the Secretary-General of the United Nations suggesting that States consider its relevant recommendations when develop- ing, where appropriate, and as applicable in their domestic context, national and regional plans of action for preventing violent extremism conducive to terrorism.

12. We welcome the activities pursued by the OSCE executive structures, including the OSCE insti- tutions, within existing mandates and available resources, in support of the implementation of OSCE commitments in the field of preventing and countering terrorism, in line with the OSCE’s comprehensive approach to security.

13. We invite the OSCE Partners for Co-operation to join us in affirming this declaration.

6.4.2 Respecting Human Rights and the Rule of Law while Combating Terrorism

Madrid 1983 (Questions Relating to Security in Europe: Principles)

The participating States (…) express their determination to take effective measures for the preven- tion and suppression of acts of terrorism…They agree to do so in conformity with (…) the Hel- sinki Final Act.

Copenhagen 1990

(6) The participating States (…) recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of per- sons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.

Bucharest 2001 (Ministerial Declaration)

3. (…) We reiterate that the struggle against terrorism is not a war against religions or peoples. We reaffirm our commitment to protecting human rights and fundamental freedoms.

4. We are determined to protect our citizens from new challenges to their security while safeguard- ing the rule of law, individual liberties, and the right to equal justice under law.

Bucharest 2001 (Decision No. 1/01 on Combating Terrorism)

(…) The OSCE participating States will not yield to terrorist threats, but will combat them by all means in accordance with their international commitments (…) They will defend freedom and protect their citizens against acts of terrorism, fully respecting international law and human rights. They firmly reject identification of terrorism with any nationality or religion and reconfirm the norms, principles and values of the OSCE. 6

359 6.4.2 Respecting Human Rights and the Rule of Law while Combating Terrorism

Bucharest 2001 (Annex to Decision 1/01 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

26. Preventing movement of terrorists: Participating States: Will prevent the movement of terrorist individuals or groups through effective border controls and controls on issuance of identity papers and travel documents... Will apply such control measures fully respecting their obligations under international refugee and human rights law.

Porto 2002 (Charter on Preventing and Combating Terrorism)

The OSCE participating States (…)

6. Reaffirm their commitment to take the measures needed to protect human rights and fundamen- tal freedoms, especially the right to life, of everyone within their jurisdiction against terrorist acts;

7. Undertake to implement effective and resolute measures against terrorism and to conduct all counter-terrorism measures and co-operation in accordance with the rule of law, the United Nations Charter and the relevant provisions of international law, international standards of human rights and, where applicable, international humanitarian law;

Maastricht 2003 (OSCE Strategy to Address Threats to Security and Stability in the Twenty- First Century)

29. (…) Special attention will be given to capacity building and other assistance in the sphere of counter-terrorism. The important challenge of implementing effective measures against terror- ism in full accordance with the rule of law and international law, including human rights law, is also addressed. (…)

Sofia 2004 (Ministerial Statement on Preventing and Combating Terrorism)

(…) We re-emphasize our determination to combat terrorism in all its forms and manifestations (…) and to conduct this fight with respect for the rule of law and in accordance with our obligations under international law, in particular international human rights, refugee and humanitarian law.

2. We underscore the leading role of the United Nations in the comprehensive fight against terrorism (…) we support the resolution 2004/87 of the United Nations Commission on Human Rights (…)

Sofia 2004 (Decision No. 3/04 on Combating the Use of the Internet for Terrorist Purposes)

(…) Concerned by the extent of use of the Internet by terrorist organizations (…) Decides that par- ticipating States will exchange information on the use of the Internet for terrorist purposes and

360 6.4.2 Respecting Human Rights and the Rule of Law while Combating Terrorism

identify possible strategies to combat this threat, while ensuring respect for international human rights obligations and standards, including those concerning the rights to privacy and freedom of opinion and expression;

Brussels 2006 (Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism) (…)

We emphasize that measures to conduct this fight must be undertaken with full respect for the rule of law, and in accordance with our obligations under international law, in particular interna- tional human rights, refugee and humanitarian law. (…)

Madrid 2007 (Decision No. 5/07 on Public-Private Partnerships in Countering Terrorism) (…)

Reaffirming the fundamental importance, including in response to terrorism and the fear of ter- rorism, of respecting all human rights and fundamental freedoms and the rule of law and comply- ing with applicable obligations under international law, in particular international human rights law, refugee law and humanitarian law, (…)

(…) In this regard, efforts should particularly take due account of:

(…) Promoting tolerance, human rights, the rule of law, democracy, good governance and inter-cul- tural dialogue,

Promoting public awareness and outreach through the media and educational institutions, while respecting cultural and religious diversity, (…)

Decides to:

1. Task the Secretary General and OSCE institutions to continue to promote the involvement of the private sector (civil society and the business community) in their counter-terrorist activities, where relevant and appropriate; (…)

Helsinki 2008 (Decision No. 7/08 on Further Strengthening the Rule of Law in the OSCE Area)

The Ministerial Council, (…)

4. Encourages participating States, with the assistance, where appropriate, of relevant OSCE exec- 6 utive structures in accordance with their mandates and within existing resources, to continue and to enhance their efforts to share information and best practices and to strengthen the rule of law, inter alia in the following areas:

361 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

(…) • Respect for the rule of law and human rights in the fight against terrorism according to their obligations under international law and OSCE commitments; (…)

Helsinki 2008 (Decision No. 10/08 on Further Promoting the OSCE’s Action in Countering Terrorism)

The Ministerial Council,

Re-emphasizing the OSCE participating States’ determination to combat terrorism in all its forms and manifestations, as a crime that has no justification, whatever its motivation or origin, and to conduct this fight with respect for the rule of law and in accordance with their obligations under international law, in particular international human rights, refugee and humanitarian law, (…)

6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

Madrid 1983 (Questions Relating to Security in Europe: Principles)

In the context of the combat against acts of terrorism, they will take all appropriate measures in preventing their respective territories from being used for the preparation, organization or com- mission of terrorist activities, including those directed against other participating States and their citizens. This also includes measures to prohibit on their territories illegal activities of persons, groups and organizations that instigate, organize or engage in the perpetration of acts of terrorism.

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(10) (…) the participating States express their intention (…) (10.3.) – to prevent on their territories illegal activities of persons, groups or organizations that instigate, organize or engage in the perpetration of acts of terrorism or subversive or other activi- ties directed towards the violent overthrow of the regime of another participating State;

Istanbul 1999 (Charter for European Security: I. Our Common Challenges)

4. (…) We will enhance our efforts to prevent the preparation and financing of any act of terror- ism on our territories and deny terrorists safe havens (…)

Bucharest 2001 (Annex to Decision No. 1/01 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

362 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

law, provide early response to requests for information by another participating State and relevant international organizations.

26. Preventing movement of terrorists: Participating States: Will prevent the movement of terrorist individuals or groups through effective border controls and controls on issuance of identity papers and travel documents, as well as through measures for ensuring the security of identity papers and travel documents and preventing their counterfeiting, forgery and fraudulent use. Will apply such control measures fully respecting their obligations under international refugee and human rights law. Will, through the proper application of the exclusion clauses contained in the 1951 Conven- tion Relating to the Status of Refugees and its 1967 Protocol, ensure that asylum is not granted to persons who have participated in terrorist acts. Will provide for the timely detention and prose- cution or extradition of persons charged with terrorist acts, in accordance with their obligations under international and national law.

Porto 2002 (Charter on Preventing and Combating Terrorism)

The OSCE participating States, firmly committed to the joint fight against terrorism,

8. Reaffirm that every State is obliged to refrain from harbouring terrorists, organizing, instigat- ing, providing active or passive support or assistance to, or otherwise sponsoring terrorist acts in another State, or acquiescing in organized activities within its territory directed towards the com- mission of such acts; (…)

24. Recognize the need to complement international co-operation by taking all necessary measures to prevent and suppress, in their territories through all lawful means, assistance to, and the financ- ing and preparation of, any acts of terrorism, and to criminalize the wilful provision or collection of funds for terrorist purposes, in the framework of their obligations under the International Conven- tion for the Suppression of the Financing of Terrorism and relevant Security Council resolutions; (…)

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

Underscoring our resolute and unconditional condemnation of terrorism and violent extremism, and our profound solidarity with all the victims of terrorism, 6 Reaffirming the commitment of participating States to work together to prevent, suppress, inves- tigate and prosecute terrorism-related acts, including their financing, and stressing their strong determination to combat terrorism in all its forms and manifestations, as a crime that has no

363 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

justification, whatever its motivation or origin, and that terrorism and violent extremism cannot and should not be associated with any race, ethnicity, nationality or religion,

Taking note of the fact that radicalization to terrorism and recruitment by terrorists can take place in prisons, and therefore affirming the importance of elaborating and sharing, as appropri- ate, international guidelines on reintegration, rehabilitation and the prevention of radicalization to terrorism in prison,

Stressing that participating States have the primary role in preventing and countering terrorism and violent extremism, while respecting their obligations under international law,

Stressing the important roles that youth, families, women, victims of terrorism, religious, cultural and education leaders, civil society, as well as the media, can play to counter the violent extremist

364 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

narrative that can incite terrorist acts, and to address the conditions conducive to the spread of ter- rorism, in particular by fostering mutual respect and understanding, reconciliation and peaceful coexistence among cultures, and by promoting and protecting human rights, fundamental free- doms, democratic principles and the rule of law, (…)

Call upon the participating States:

1. To further increase their efforts to prevent and counter violent extremism and radicalization that lead to terrorism in their countries, following a multi-dimensional approach, and in this regard to make use, as appropriate and where necessary, of the OSCE executive structures, including field operations within their respective mandates;

2. To strengthen their efforts to counter and suppress the financing of terrorism, in application of, and in compliance with relevant United Nations Security Council resolutions, and in support of OSCE commitments, (…);

3. To adopt measures as may be necessary and appropriate and in accordance with their obliga- tions under international law, including with respect to human rights and fundamental freedoms, to prohibit by law incitement to commit a terrorist act or acts, and to prevent such conduct;

4. To co-operate in preventing and countering violent extremism and radicalization that lead to terrorism, through, inter alia, capacity-building, co-ordination of plans and efforts and sharing lessons learned, including in eliminating the supply of weapons to terrorists, preventing the rad- icalization to terrorism, recruitment, and mobilization of individuals as terrorists, including as foreign terrorist fighters;

5. To consider, as appropriate, developing and updating national counter-terrorism strategies and action plans, including specific policies and measures to prevent and counter violent extremism and radicalization that lead to terrorism, in furtherance of OSCE commitments and in compli- ance with their obligations under international law, including human rights law;

6. To foster a comprehensive approach at all levels in preventing and countering violent extrem- ism and radicalization that lead to terrorism, including co-ordination among national authori- ties, co-operation among participating States, and co-operation with relevant international and regional organizations;

7. To promote research and information sharing on the conditions conducive to the spread of vio- lent extremism and radicalization that lead to terrorism, and on how to counter them;

8. To encourage political leaders and public figures, including civil society and religious leaders to contribute to preventing and countering violent extremism and radicalization that lead to ter- rorism, by speaking out strongly and promptly against violent extremism and radicalization that lead to terrorism;

9. To further promote public-private partnerships in countering terrorism, where appropriate, among public authorities, the private sector, civil society, members of, or representatives of religious com- munities, and the media, in line with, inter alia, Ministerial Council Decision No. 10/08, in order 6 to counter incitement to terrorism and violent extremism and radicalization that lead to terrorism;

365 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

10. To enhance international co-operation and public-private partnerships to develop practical measures to counter the use of the Internet and other means for the purposes of inciting vio- lent extremism and radicalization that lead to terrorism and for recruiting foreign terrorist fight- ers. Such international co-operation and public-private partnerships could foster communication efforts, including via social media, to counter violent extremist messaging, while fully respecting the right to freedom of opinion and expression; (…)

12. To encourage open and transparent intercultural, interfaith and interreligious dialogue and co-operation to contribute to, inter alia, enhancing tolerance, mutual respect and understanding, at the local, national, regional and international levels;

13. To take into account a gender perspective in their efforts to counter terrorism and to prevent and counter violent extremism and radicalization that lead to terrorism, with a focus on women’s empowerment and the participation of women as well as men in these efforts;

14. To engage and empower youth, in preventing and countering violent extremism and radicali- zation that lead to terrorism, inter alia, by: (a) Creating an enabling environment and opportunities for youth to participate and engage vol- untarily and freely in public life and in the promotion of human rights, fundamental freedoms, democratic principles, the rule of law, tolerance, non – discrimination, dialogue, mutual respect and understanding, and to facilitate their access to social services; (b) Supporting youth, which are willing to contribute to such efforts, through education in schools and higher education institutions; (c) Supporting youth-led and youth-focused awareness-raising initiatives, including through the Internet and social media, to prevent and counter their radicalization to terrorism, and to promote respect for human rights, fundamental freedoms, tolerance and non-discrimination; (d) Promoting programmes to facilitate youth access to employment;

15. To consider supporting OSCE activities in all three dimensions of security, including through voluntary financial contributions, which contribute to the global efforts to prevent and counter violent extremism and radicalization that lead to terrorism, while acknowledging the leading role of the United Nations;

16. To invite the OSCE Partners for Co-operation to actively engage with us to strengthen our dia- logue and co-operation in preventing and countering violent extremism and radicalization that lead to terrorism, respecting and protecting human rights and fundamental freedoms in this con- text, preventing and countering manifestations of intolerance and discrimination, including on the basis of religion or belief, xenophobia, violence, as well as promoting interfaith, interreligious and intercultural dialogue, (…), and to encourage the Partners for Co-operation to continue to make the best use of the OSCE principles, norms and commitments, as well as its relevant tools;

17. We encourage parliamentarians to continue to dialogue with a view to strengthening legislation essential in combating terrorism, promoting solidarity with victims of terrorism, and to encour- age them to speak out strongly and promptly against intolerance, discrimination, terrorism and violent extremism and radicalization leading to terrorism;

Call upon relevant OSCE executive structures, within their respective mandates and available resources:

366 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

18. To continue their support to participating States, upon request, in preventing and counter- ing violent extremism and radicalization that lead to terrorism, following a multi-dimensional approach, including in relation to youth, as appropriate;

19. To facilitate the exchange of practical experiences and good practices, and, upon request, pro- vide assistance as appropriate, inter alia: (a) To promote research and information sharing on the conditions conducive to violent extrem- ism and radicalization that lead to terrorism, and on how to counter them; (b) To develop, where appropriate, national counter-terrorism strategies and action plans, includ- ing policies and measures to counter violent extremism and radicalization that lead to terrorism; (c) To integrate a gender perspective in the context of preventing an countering violent extremism and radicalization that lead to terrorism, with a focus in particular on women’s empowerment and the participation of women as well as men in these efforts; (d) To assist participating States in developing practical activities, in partnership with civil society and the private sector as appro- priate, to support the elaboration of policies, approaches, and strategies to prevent and counter violent extremism and radicalization that lead to terrorism; (e) To promote the sharing of best practices, as appropriate, and explore the possible elaboration of international guidelines on rehabilitation, reintegration and the prevention of terrorist radical- ization in prisons; (f) To implement community policing approaches to preventing terrorism and countering violent extremism and radicalization that lead to terrorism; (g) To promote co-operation among experts from government, civil society, academia, the media and the private sector to prevent and counter violent extremism and radicalization that lead to terrorism; (h) To strengthen the role of civil society, women, youth and religious leaders in preventing and countering violent extremism and radicalization that lead to terrorism; (i) To promote and protect human rights and fundamental freedoms, as well as the rule of law, in the context of measures to prevent terrorism and to counter violent extremism and radicalization that lead to terrorism; (j) To address negative socio-economic factors in the context of preventing terrorism and coun- tering violent extremism and radicalization that lead to terrorism; (k) To encourage educational initiatives and other measures to promote tolerance and non-dis- crimination, non-violence, and to raise public awareness of, and counter xenophobic stereotypes, intolerance and discrimination, as part of efforts to prevent and counter violent extremism and radicalization that lead to terrorism; (l) To recognize the role of the media in encouraging pluralistic debate and to encourage profes- sionalism and voluntary self-regulation in the media, with a view to fostering tolerance of ethnic, religious, linguistic and cultural diversity, and to preventing and countering violent extremism and radicalization that lead to terrorism, while respecting the independence and freedom of the media;

20. To co-operate with the United Nations and other relevant international and regional organi- zations and initiatives, to avoid duplication of efforts and maximize synergies in preventing and countering violent extremism and radicalization that lead to terrorism; 6 21. To support the Partners for Co-operation in accordance with the needs and priorities identi- fied by them, (…);

367 6.4.3 Prevention of Terrorism-Related Activities on the Territory of Participating States

22. We task field operations to report through the Secretariat to the Permanent Council by 26 May 2016 on their past, current, and possible activities, in accordance with their respective mandate, specifically aimed at supporting efforts in their respective host country to counter violent extrem- ism and radicalization that lead to terrorism, following a multi-dimensional approach.

Hamburg 2016 (Decision No. 6/16 on Enhancing the Use of Advance Passenger Information) (…)

Reiterating the need to combat terrorism, which constitutes one of the most serious threats to international peace and security, in accordance with the Charter of the United Nations and inter- national law, including applicable international human rights law, international refugee law and international humanitarian law,

Recalling the obligation in UN Security Council resolution 2178 (2014) to prevent the movement of terrorists or terrorist groups, in accordance with applicable international law, by, inter alia, effec- tive border controls, and to intensify and accelerate the exchange of operational information, in accordance with domestic and international law regarding actions or movements of terrorists and terrorist networks, including foreign terrorist fighters, especially with their States of residence or nationality, through bilateral or multilateral mechanisms, (…)

Declaring our intention to detect and prevent the movement of foreign terrorist fighters in full compliance with UN Security Council resolutions 2178 (2014) and 2309 (2016), which call upon all States to “require that airlines operating in their territories provide advance passenger informa- tion to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individ- uals designated by the Committee (…) (…)

Decide that OSCE participating States commit to:

1. Establish national advance passenger information (API) systems in accordance with the provi- sions contained in ICAO’s Annex 9 to the Convention on International Civil Aviation (the Chicago Convention) and aligned with the WCO/IATA/ICAO Guidelines on Advance Passenger Informa- tion (API), including those on privacy and data protection, in order to effectively collect passenger and/or crew data from airlines operating in their territories;

2. Consider establishing at the national level an interactive system to exchange API data (iAPI) in order to prevent the movement of foreign terrorist fighters in line with UN Security Council res- olutions 2178 (2014) and 2309 (2016);

3. Adhere to ICAO Document 9082 “ICAO’s Policies on Charges for Airports and Air Navigation Services” in the context of establishing an API system, recognizing that States are responsible for ensuring the implementation of adequate security measures at airports;

4. Collaborate with all relevant national stakeholders in the implementation of national-level API systems, and consider establishing one authority to receive, on behalf of all other authorities, all forms of passenger data through one single window data entry point;

368 6.4.4 Extradition and Prosecution of Persons Implicated in Terrorist Acts

5. Increase the added value of API data by seeking to establish automated cross-checking of this data against relevant national, regional and international watch lists, in particular Interpol data- bases and UN Sanctions Lists;

6. Provide assistance to support other requesting participating States in establishing an API system;

We task the OSCE executive structures, within their respective mandates and available resources, with:

7. Supporting global efforts in raising awareness of the requirements of UN Security Council res- olutions 2178 (2014) and 2309 (2016) on advance passenger information and by determining the technical assistance needs of requesting participating States, as well as identifying potential donor assistance for capacity-building;

8. Supporting requesting participating States in the establishment of API systems, in co-operation with relevant international and regional organizations.

Hamburg 2016 (Ministerial Declaration on Strengthening OSCE Efforts to Prevent and Counter Terrorism) (…)

6.4.4 Extradition and Prosecution of Persons Implicated in Terrorist Acts

Vienna 1989 (Questions Relating to Security in Europe: Principles)

(10) (…) the participating States express their intention (…) (10.5) to ensure the extradition or prosecution of persons implicated in terrorist acts and to co-op- erate closely in cases of conflict of jurisdiction where several States are concerned, acting in both respects in accordance with the relevant international agreements;

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security) 6

6. The participating States (…) will, in particular, take steps to fulfil the requirements of interna- tional agreements by which they are bound to prosecute or extradite terrorists.

369 6.4.4 Extradition and Prosecution of Persons Implicated in Terrorist Acts

Bucharest 2001 (Annex to Decision No. 1/01 on Combating Terrorism: The Bucharest Plan of Action for Combating Terrorism)

19. Supporting law enforcement and fighting organized crime: Participating States: (…) Will afford one another the greatest measure of assistance in providing information in connection with crimi- nal investigations or criminal extradition proceedings relating to terrorist acts, in accordance with their domestic law and international obligations.

Porto 2002 (Charter on Preventing and Combating Terrorism)

The OSCE participating States, firmly committed to the joint fight against terrorism, (…)

10. Will take appropriate steps to ensure that asylum is not granted to any person who has planned, facilitated or participated in terrorist acts, in conformity with relevant provisions of national and international law (…) (…)

Ljubljana 2005 (Decision 4/05 on Enhancing Legal Co-operation in Criminal Matters to Counter Terrorism)

The Ministerial Council,

Determined to reinforce OSCE counter-terrorism activities in accordance with international law and in line with existing OSCE commitments,

Recalling United Nations Security Council resolutions 1373 (2001), 1566 (2004) and 1624 (2005), which call upon all States to become party as soon as possible to the relevant international con- ventions and protocols relating to terrorism, and to co-operate fully in the fight against terrorism, as well as relevant OSCE counter-terrorism commitments,

Recalling also United Nations Security Council resolution 1631 (2005), in particular where it urges “all relevant regional and subregional organizations to enhance the effectiveness of their counter- terrorism efforts within their respective mandates, including with a view to develop their capac- ity to help Member States in their efforts to tackle the threats to international peace and security posed by acts of terrorism”,

Welcoming the ongoing efforts within the United Nations to finalize, on an expedited basis, the draft comprehensive convention on terrorism,

370 6.4.4 Extradition and Prosecution of Persons Implicated in Terrorist Acts

Recognizing that the above-mentioned conventions and protocols represent a universal legal regime against terrorism and, in the absence of bilateral treaties on mutual legal assistance and extradi- tion, could together with the UN Convention against Transnational Organized Crime (Palermo convention) serve as a basis for legal co-operation, (…)

Decides that the participating States should co-operate actively and fully among themselves, in accordance with applicable rules under domestic and international law, in efforts to find and to bring to justice perpetrators, organizers, supporters and sponsors of terrorist acts, on the basis of the principle to extradite or prosecute (…)

Tasks the Secretary General to organize for requesting participating States, in close co-operation with the UNODC, national training workshops for prosecutors and judicial officials on issues of extradition and mutual legal assistance in criminal matters, in particular those related to terrorism.

Brussels 2006 (Ministerial Statement on Supporting and Promoting the International Legal Framework against Terrorism) (…)

Madrid 2007 (Ministerial Statement on Supporting the United Nations Global Counter- Terrorism Strategy) (…)

13. Participating States will co-operate fully in the fight against terrorism, in accordance with their obligations under international law, in order to find, deny safe haven to and bring to justice, on the basis of the principle of extradite or prosecute, any person who supports, facilitates, participates in or attempts to participate in the financing, planning, preparation or perpetration of terrorist acts or provides safe havens. Participating States will take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum seeker has not planned, facilitated or participated in the commission of terrorist acts. They will ensure, in con- formity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists; (…) 6

371 6.4.5 Countering the Use of the Internet for Terrorist Purposes

Athens 2009 (Decision No. 3/09 on Further Measures to Support and Promote the International Legal Framework against Terrorism)

The Ministerial Council, (…)

Recognizing also that OSCE participating States may require technical assistance in their efforts with regard to the above, (…)

Hamburg 2016 (Ministerial Declaration on Strengthening OSCE Efforts to Prevent and Counter Terrorism) (…)

8. We reaffirm that those who participate in the financing, planning, facilitating, preparing, or per- petrating terrorist acts must be held accountable and brought to justice on the basis of the prin- ciple extradite or prosecute, in compliance with the obligations under international law, as well as applicable domestic legislation. We reiterate our determination and commitment to co-oper- ate fully in preventing and countering terrorism, while respecting human rights and fundamental freedoms, and in compliance with obligations under international law. We call on States to co-op- erate in efforts to address the threat posed by terrorists, including foreign terrorist fighters and returnees, by inter alia developing and implementing, after prosecution, rehabilitation and re-in- tegration strategies.

6.4.5 Countering the Use of the Internet for Terrorist Purposes

Sofia 2004 (Decision No. 3/04 on Combating the Use of the Internet for Terrorist Purposes)

The Ministerial Council,

(…) Concerned by the extent of use of the Internet by terrorist organizations: • To identify and to recruit potential members, • To collect and transfer funds, • To organize terrorist acts, • To incite terrorist acts in particular through the use of propaganda,

Decides that participating States will exchange information on the use of the Internet for terror- ist purposes and identify possible strategies to combat this threat (…)

372 6.4.5 Countering the Use of the Internet for Terrorist Purposes

Brussels 2006 (Decision No. 7/06 on Countering the Use of the Internet for Terrorist Purposes)

The Ministerial Council, (…)

Remaining gravely concerned with the growing use of the Internet for terrorist purposes (…)

Reaffirming in this context the importance of fully respecting the right to freedom of opinion and freedom of expression, which include the freedom to seek, receive and impart information, which are vital to democracy and in fact are strengthened by the Internet (…) and the rule of law,

Recognizing that United Nations Security Council resolution 1624 (2005) calls upon States to take measures that are necessary and appropriate, and in accordance with their obligations under international law, to prohibit by law incitement to commit a terrorist act or acts and to prevent such conduct,

Reaffirming our commitments under the United Nations Global Counter-Terrorism Strategy, in particular “to coordinate efforts at the international and regional level to counter terrorism in all its forms and manifestations on the Internet” and “to use the Internet as a tool for countering the spread of terrorism, while recognizing that States may require assistance in this regard”, (…)

Recalling the Council of Europe’s Convention on Cybercrime (2001), the only legally binding mul- tilateral instrument that specifically addresses cybercrime by, inter alia, providing for a common legal framework for international co-operation between States parties to this Convention in com- bating cybercrime, and its Additional Protocol concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems,

Recognizing the commitment by the G8 Summit (St. Petersburg, Russian Federation, 16 July 2006) to effectively counter attempts to misuse cyberspace for terrorist purposes, including incitement to commit terrorist acts, to communicate and plan terrorist acts, as well as recruitment and training of terrorists, and in particular noting the role of the G8 24/7 Computer Crime Network for coun- tering criminal conduct in cyberspace, (…)

Taking into account different national approaches to defining “illegal” and “objectionable” con- tent and different methods of dealing with illegal and objectionable content in cyberspace, such as the possible use of intelligence collected from Internet traffic and content to closing websites of terrorist organizations and their supporters,

Concerned with continued hacker attacks, which though not terrorism related, still demonstrate existing expertise in the field and thus providing a possibility of terrorist cyber attacks against computer systems, affecting the work of critical infrastructures, financial institutions or other vital networks,

1. Decides to intensify action by the OSCE and its participating States, notably by enhancing inter- national co-operation on countering the use of the Internet for terrorist purposes; 6

2. Calls on participating States to consider taking all appropriate measures to protect vital critical information infrastructures and networks against the threat of cyber attacks;

373 6.4.5 Countering the Use of the Internet for Terrorist Purposes

3. Calls on participating States to consider becoming party to and to implement their obligations under the existing international and regional legal instruments, including the Council of Europe’s Conventions on Cybercrime (2001) and on the Prevention of Terrorism (2005);

4. Encourages participating States to join the G8 24/7 Computer Crime Network and to nominate an appropriate unit/contact person for this network for the purpose of streamlining international law enforcement co-operation on combating the criminal misuse of cyberspace and in criminal cases that involve electronic evidence, as appropriate;

5. Calls on participating States, when requested to deal with content that is illegal under their national legislation and is hosted within their jurisdiction, to take all appropriate action against such content and to co-operate with other interested States, in accordance with their national leg- islation and the rule of law, and in line with their international obligations, including interna- tional human rights law;

6. Invites participating States to increase their monitoring of websites of terrorist/violent extremist organizations and their supporters and to invigorate their exchange of information in the OSCE and other relevant fora on the use of the Internet for terrorist purposes and measures taken to counter it, in line with national legislation, while ensuring respect for international human rights obligations and standards, including those concerning the rights to privacy and freedom of opin- ion and expression, and the rule of law. Duplication of efforts with ongoing activities in other inter- national fora should be avoided;

7. Recommends participating States to explore the possibility of more active engagement of civil society institutions and the private sector in preventing and countering the use of the Internet for terrorist purposes; (…)

9. Tasks the Secretary General to promote, notably through the OSCE CounterTerrorism Network, the exchange of information on the threat posed by the use of the Internet for terrorist purposes, including incitement, recruitment, fund raising, training, targeting and planning terrorist acts, and on legislative and other measures taken to counter this threat.

Madrid 2007 (Ministerial Statement on Supporting the United Nations Global Counter‑Terrorism Strategy) (…)

14. Remaining seriously concerned about the use of the Internet for terrorist purposes, the OSCE participating States will continue the exchange of information about this threat, and take other measures in accordance with Ministerial Council Decision No. 7/06 on countering the use of the Internet for terrorist purposes; (…)

Belgrade 2015 (Ministerial Declaration on Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism) (…)

10. To enhance international co-operation and public-private partnerships to develop practical measures to counter the use of the Internet and other means for the purposes of inciting violent

374 6.5 Countering the risks arising from the misuse of Information and Communication Technologies (ICT)

extremism and radicalization that lead to terrorism and for recruiting foreign terrorist fighters. Such international co-operation and public-private partnerships could foster communication efforts, including via social media, to counter violent extremist messaging, while fully respecting the right to freedom of opinion and expression;

6.5 Countering the risks arising from the misuse of Information and Communication Technologies (ICT)

Hamburg 2016 (Decision No. 5/16 on OSCE Efforts related to Reducing the Risks of Conflict Stemming from the Use of Information and Communication Technologies) (…)

The Ministerial Council (…),

Reaffirming that efforts by OSCE participating States to reduce the risks of conflict stemming from the use of information and communication technologies will be consistent with: international law, including, inter alia, the UN Charter and the International Covenant on Civil and Political Rights; the Helsinki Final Act; and their responsibilities to respect human rights and fundamental freedoms, (…)

9. Welcomes the work undertaken by the 2016 OSCE German Chairmanship aimed at identifying how OSCE efforts to reduce the risks of conflict stemming from the use of information and com- munication technologies can be made more effective and can be intensified to promote an open, secure, stable, accessible and peaceful information and communication technologies environment in line with relevant OSCE commitments; (…)

10. Underscores that further OSCE activities to reduce the risks of conflict stemming from the use of information and communication technologies, including those of relevant OSCE executive structures, should build on existing OSCE efforts, be in line with respective mandates and OSCE commitments, complement efforts by the United Nations, international and other regional fora, and be organized within available resources;

Vienna 2017 (Decision No. 5/17 on OSCE Efforts to Reduce the Risks of Conflict Stemming from the Use of Informationa and Communication Technologies)

The Ministerial Council (…),

Noting the immense opportunities that information and communication technologies provide for social and economic development, and that they continue to grow in importance for the interna- tional community,

Recognizing that OSCE participating States benefit from an open, secure, stable, accessible and peaceful information and communication technologies environment, 6

Reaffirming that efforts by OSCE participating States to reduce the risks of conflict stemming from the use of information and communication technologies will be consistent with: international law,

375 6.5 Countering the risks arising from the misuse of Information and Communication Technologies (ICT)

including, inter alia, the UN Charter and the International Covenant on Civil and Political Rights; the Helsinki Final Act; and their responsibilities to respect human rights and fundamental freedoms,

Expressing concern about the increase in significant incidents involving the malicious use of infor- mation and communication technologies, and stressing that these negative trends hold security risks for all OSCE participating States and their citizens, as well as public and private sectors, (…),

Recognizing the need to further enhance OSCE efforts to continue building trust and to reduce the risks of conflict stemming from the use of information and communication technologies,

Decides to:

1. Continue to implement all decisions on confidence-building measures adopted by the OSCE to reduce the risks of conflict stemming from the use of information and communication technolo- gies to contribute to an open, secure, stable, accessible and peaceful information and communi- cation technologies environment in line with OSCE commitments;

2. Identify ways of strengthening and optimizing the work of the OSCE as a practical platform for reducing risks of conflict stemming from the use of information and communication technolo- gies, and at the same time continuing the work of the cross-dimensional Informal Working Group established pursuant to Permanent Council Decision No. 1039;

3. Encourage executive OSCE structures, within their mandates and available resources, to assist participating States, upon their request, in the implementation of the OSCE confidence-building measures to reduce the risk of conflict stemming from the use of information and communication technologies, and to enhance pertinent national capabilities and processes;

4. Invite the OSCE Partners for Co-operation to enhance dialogue on efforts to reduce the risks of conflict stemming from the use of information and communication technologies.

Milan 2018 (Decision No. 4/18 on Preventing and Combating Violence Against Women) (…)

Calls on the participating States to: (…)

5. Take action to address violence, abuse, threats, and harassment, including through digital tech- nologies, directed at women;

376 7. Commitments Related to International Humanitarian Law Commitments Related to International Humanitarian Law

Helsinki 1992 (Decisions: VI. The Human Dimension)

The participating States

(47) Recall that international humanitarian law is based upon the inherent dignity of the human person;

(48) Will in all circumstances respect and ensure respect for international humanitarian law includ- ing the protection of the civilian population;

(49) Recall that those who violate international humanitarian law are held personally accountable;

(50) Acknowledge the essential role of the International Committee of the Red Cross in promot- ing the implementation and development of international humanitarian law, including the Geneva Conventions and their relevant Protocols;

(51) Reaffirm their commitment to extend full support to the International Committee of the Red Cross, as well as to the Red Cross and Red Crescent Societies, and to the United Nations organi- zations, particularly in times of armed conflict, respect their protective emblems, prevent the mis- use of these emblems and, as appropriate, exert all efforts to ensure access to the areas concerned;

(52) Commit themselves to fulfilling their obligation to teach and disseminate information about their obligations under international humanitarian law.

Stockholm 1992 (Decisions: 2. The CSCE as a Community of Values)

Rome 1993 (Decisions: X. Declaration on Aggressive Nationalism, Racism, Chauvinism, Xenophobia and Anti-Semitism)

Budapest 1994 (Decisions: IV. Code of Conduct on Politico-Military Aspects of Security)

29. The participating States will make widely available in their respective countries the interna- tional humanitarian law of war. They will reflect, in accordance with national practice, their com- mitments in this field in their military training programmes and regulations.

30. Each participating State will instruct its armed forces personnel in international humanitar- ian law, rules, conventions and commitments governing armed conflict and will ensure that such

378 Commitments Related to International Humanitarian Law

personnel are aware that they are individually accountable under national and international law for their actions.

31. The participating States will ensure that armed forces personnel vested with command author- ity exercise it in accordance with relevant national as well as international law and are made aware that they can be held individually accountable under those laws for the unlawful exercise of such authority and that orders contrary to national and international law must not be given. The respon- sibility of superiors does not exempt subordinates from any of their individual responsibilities. (…)

34. Each participating State will ensure that its armed forces are, in peace and in war, commanded, manned, trained and equipped in ways that are consistent with the provisions of international law and its respective obligations and commitments related to the use of armed forces in armed con- flict, including as applicable the Hague Conventions of 1907 and 1954, the Geneva Conventions of 1949 and the 1977 Protocols Additional thereto, as well as the 1980 Convention on the Use of Certain Conventional Weapons.

35. Each participating State will ensure that its defence policy and doctrine are consistent with international law related to the use of armed forces, including in armed conflict, and the relevant commitments of this Code.

Budapest 1994 (Decisions: VIII. The Human Dimension)

33. The participating States deeply deplore the series of flagrant violations of international human- itarian law that occurred in the CSCE region in recent years and reaffirm their commitment to respect and ensure respect for general international humanitarian law and in particular for their obligations under the relevant international instruments, including the 1949 Geneva Conventions and their additional protocols, to which they are a party.

34. They emphasize the potential significance of a declaration on minimum humanitarian standards applicable in all situations and declare their willingness to actively participate in its preparation in the framework of the United Nations. They commit themselves to ensure adequate information and training within their military services with regard to the provisions of international human- itarian law and consider that relevant information should be made available.

35. They highly value the developing co-operation between the CSCE and the International Com- mittee of the Red Cross (ICRC), in particular in the case of CSCE missions, and welcome the read- iness of the ICRC to develop this co-operation and commit themselves to further extend support to the ICRC, in particular by strengthening contacts already established between CSCE missions and the ICRC’s delegations in the field.

Istanbul 1999 (Charter for European Security: III. Our Common Response)

22. We reject any policy of ethnic cleansing or mass expulsion (…) In order to enhance the pro- tection of civilians in times of conflict, we will seek ways of reinforcing the application of inter- national humanitarian law.

379 7 Commitments Related to International Humanitarian Law

Sofia 2004 (Ministerial Declaration on the Sixtieth Anniversary of the End of World War II)

(…) We condemn all forms of ethnic cleansing. We confirm our adherence to the UN Convention on the Prevention and Punishment of the Crime of Genocide adopted on 9 December 1948. We call on the participating States to take every possible action to ensure that attempts to commit genocide are prevented today and in the future. The perpetrators of such crimes should be brought to justice.

Sofia 2004 (Decisions: Annex to Decision No. 14/04, 2004 OSCE Action Plan for the Promotion of Gender Equality) • Support national and international efforts to bring to justice those who have perpetrated crimes against women which under applicable rules of international law are recognized as war crimes or crimes against humanity (…)

Helsinki 2008 (Ministerial Declaration on the 60th Anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide)

We, the members of the Ministerial Council of the OSCE, mark the 60th anniversary of the Conven- tion on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948 (hereinafter referred to as the Convention). (…)

We reaffirm the significance of the Convention as an important international instrument for the prevention and punishment of the crime of genocide.

We call upon the participating States, which have not yet done so, to consider becoming Parties to the Convention as early as possible and be part of this global framework to prevent and punish the crime of genocide. We further call upon the State-Parties to increase and intensify their activ- ities aimed at the full implementation of their obligations under the Convention.

We note that in adopting the Convention, the United Nations recognized that the crime of geno- cide was an odious scourge which had inflicted great losses on humanity and was convinced that international cooperation was required to facilitate the speedy prevention and punishment of the crime of genocide.

We recognize that genocide is one of the most serious crimes under international law which is con- demned by international community as a whole and can never be justified.

380 Index

A civil and political rights general 120 abolition of capital punishment — See death International Covenant on Civil and penalty Political Rights XIII, XIV, 12, 375 anti-corruption — See corruption civil society IX, XV, 33, 56, 89 — See anti-Semitism XVI, 12, 50, 52, 56, 177, 246, also NGOs/non-governmental 255, 256, 262, 265, 270, 275, 276 — See organizations; human rights defenders also tolerance and non-discrimination Code of Conduct on Politico-Military Aspects anti-terrorism — See terrorism of Security 93, 113, 135, 227, 341, 369, 378

anti-trafficking — See trafficking in human combating the sexual exploitation of children beings on the Internet 222

arbitrary detention — See arbitrary arrest communication, right to — See freedom of expression, information, free media assembly, freedom of 139 compensation, right to 129 — See association, freedom of 91, 139, 177, 186 also arbitrary arrest conscience, freedom of — See freedom of B thought, conscience, religion or belief belief, freedom of — See freedom of thought, conscientious objection — See freedom of conscience, religion or belief thought, conscience, relegion or belief birthright, human rights as VII Contact Point for Roma and Sinti Issues — See Roma and Sinti C copyright — See intellectual property capital punishment — See death penalty Corruption general 96, 97, 99, 102, 112, 226, 241, 354 Charter of the United Nations 4, 5, 10, 368 UN Convention against Corruption 99, children 100, 101 education of, — See Roma and Sinti Council of Europe, co-operation with XVI, general 129, 219 47, 55, 192, 293 Optional Protocol to the Convention on the Rights of the Child, on the Sale of Counter-Terrorism — See terrorism Children, Child Prostitution and Child creativity — See cultural rights/cultural Pornography 291 heritage sexual exploitation of 309, 321 trafficking of 291, 295, 297, 309, 322, 326 criminal procedure — See fair trial, right to

citizenship — See nationality/citizenship cultural rights/cultural heritage general VII, 152, 266, 347 intellectual and cultural life 91

381 Index

D employment — See economic and social rights data protection 368 equal rights of men and women — democracy — See elections See gender, gender issues democratic institutions XIII, XV, 4, 5, 89, 339 equal rights of peoples — See self- general VII, VIII, XII, 3 determination political pluralism 83 ethnic cleansing — See tolerance and non- demonstration, right of — See assembly, discrimination freedom of European Union, co-operation with 47, 55, derogation clauses 75, 77 192, 291, 293 disabilities, persons with 169, 242 exile, arbitrary — See arbitrary arrest discrimination — See tolerance and non- expansion, territorial — See territorial discrimination; Roma and Sinti; gender, expansionism gender issues extremism 4, 28, 168, 224, 229, 279, 356, displaced persons — See asylum, right to 374 — See also tolerance and non- seek; asylum seekers; migration; refugees discrimination general 153, 161, 208 F E family life, respect for 160 economic and social rights family reunification 153, 160, 208, 212, 219 employment 170, 190, 225, 239, 295 general 163 forced labour 165 — See also trafficking in health 51, 196 human beings housing 196 forced recruitment — See compulsory social justice 3 recruitment education freedom of artistic creation — See cultural access to education 240 rights/cultural heritage general 11, 164, 180, 196, 225, 366 human rights education 11, 12, 13, 41, 54, freedom of assembly — See assembly, 256 freedom of relating to tolerance and non- freedom of association — See association, discrimination 56, 256, 367 — See freedom of also tolerance and non-discrimination relating to trafficking in human freedom of expression, information, free beings 306 — See also trafficking in media 50, 141 human beings freedom of information — See freedom of religious education — See freedom of expression, information, free media thought, conscience, religion or belief right to education 169 freedom of movement — See migration

effective remedies, right to 189, 197, 206, 305 freedom of the media — See freedom of expression, information, free media elections general IX, XV, 42, 85, 88 freedom of the press — See freedom of voter education 51, 196 expression, information, free media

emergency, public — See state of public freedom of the press/free media emergency; derogation clauses journalists — See working conditions

382 Index

Representative on Freedom of the other mechanisms 24 Media 50, 67, 70, 148 Vienna Mechanism XV right to know one’s rights X humanitarian law — See international freedom of thought, conscience, religion or humanitarian law belief human rights general XI, 138, 139, 256, 364 defenders 29 religious education — See education education — See education free flow of information — See freedom of institutions — See ombudsmen and expression, information, free media national human rights institutions free media — See freedom of expression, information, free media I impartiality — See independence of the G judiciary gender, gender issues implementation — See obligation to equal rights/opportunities of men and implement women 233 imprisonment, arbitrary — See arbitrary gender mainstreaming XVI, 235 arrest protection against all forms of violence 285, 286, 330 incarceration, arbitrary — See arbitrary arrest sexual exploitation — See trafficking in Indigenous Populations 208 human beings information, freedom of — See freedom of genocide expression, information, free media Convention on the Prevention and Punishment of the Crime of internally displaced persons — See displaced Genocide 380 persons; migration gypsies — See Roma and Sinti international humanitarian law 1949 Geneva Conventions 127 general 128, 257, 356, 360, 368 H international law, obligations under — hate crime XI, XVI, 56, 254, 275 — See See obligations under international law also tolerance and non-discrimination Internet health — See economic and social rights combating the use of the internet for heritage, cultural — See cultural rights/ terrorist purposes 360, 372 cultural heritage hate crimes, and 255 promoting tolerance and media freedom High Commissioner on National on the Internet 70, 260, 277 Minorities — See national minorities national minorities XVI, 50, 61, 65 Islamophobia — See Muslims, intolerance towards; tolerance and non-discrimination Holocaust 56, 256, 276 housing — See economic and social rights J human contacts 153, 160, 184, 208, 212, 219 journalists — See freedom of expression; human dimension mechanisms information, free media; working Counter-Terrorism Network 22 conditions general 17 judiciary — See independence of the judiciary Moscow mechanism XV, 18

383 Index

L non-discrimination — See tolerance and non- discrimination legal profession, independence of — See independence of the judiciary non-intervention principle — See non- applicability of the non-intervention life, right to — See death penalty principle

M O mass deportation — See tolerance and non- obligation to implement — See derogation discrimination clauses mechanisms, human dimension — See ODIHR, Office for Democratic Insititutions human dimension mechanisms and Human Rights VII, VIII, XIV, XV, XVI, medical practices, arbitrary 115 — See 10, 34, 38, 40, 44, 47, 49, 50, 51, 53, 55, 56, also torture and cruel, inhuman or 70, 85, 88, 129, 187, 191, 192, 199, 254, 255, degrading treatment or punishment 256, 263, 265, 276, 284, 324 migration VII, XI, 192, 211, 217, 240, 254, Office for Free Elections XV — See 306 — See also asylum, right to seek; also ODIHR asylum seekers, displaced persons; freedom ombudsmen and national human rights of movement; refugees institutions 128, 286 military service, exemption from — organized crime 292, 305, 320, 339, 347 See conscientious objection OSCE Parliamentary Assembly 28 minorities — See national minorities Moscow mechanism — See human dimension mechanisms P movement, freedom of — See freedom of persecution — See tolerance and non- movement discrimination

multi-culturalism — See tolerance and non- political parties 91, 92, 238 — See discrimination also association, freedom of

Muslims, intolerance towards 256 — See political pluralism — See democracy also tolerance and non-discrimination populations, indigenous 208 press, freedom of the — See freedom of N expression, information, free media nationalism, aggressive 246, 270 — See presumption of innocence — See fair trial, also tolerance and non-discrimination right to nationality/citizenship 161 — See prison also statelessness, stateless persons prisoners, prisoners’ rights — See torture and cruel, inhuman or degrading national minorities treatment or punishment general IX, 3, 4, 173 private life, respect for 160 NGOs/non-governmental organizations 16, 25, 29, 95, 177 — See also civil society property rights 161 — See also intellectual property non-applicability of the non-intervention principle XIII, 6 prostitution — See gender, gender issues; children

384 Index

psychiatric or other medical practices, rule of law IX, XI, XII, XIII, XV, XVI, 3, 4, 5, 6, arbitrary — See torture and cruel, inhuman 18, 27, 33, 50, 89, 95, 96, 99, 100, 102, 109, or degrading treatment or punishment 143, 225, 226, 339, 353, 356, 360, 361, 365, 366, 367, 372 punishment capital — See death penalty degrading — See torture and cruel, S inhuman or degrading treatment or punishment self-determination, right of 80 separation of powers — See democracy R sexual exploitation — See children; gender, gender issues racism — See tolerance and non- discrimination Sinti and Roma — See Roma and Sinti radicalization — See terrorism slavery 292, 305 recruitment, forced — See compulsory social justice — See economic and social recruitment rights redress, effective means of — See effective social rights — See economic and social remedies,right to rights refugees social security — See economic and social general 211 — See also migration rights religion, freedom of — See freedom of statelessness, stateless persons — thought, conscience, religion or belief See nationality/citizenship religious education — See education state obligation — See obligation to implement remedies, effective — See effective remedies, right to state of public emergency 77 Representative on Freedom of the Media — strike, right to — See association, freedom of See freedom of expression, information, free media T residence, freedom of — See freedom of movement territorial expansionism — See tolerance and non-discrimination restrictions to human rights, legitimate — See derogation clauses terrorism XVI, 59, 60, 61, 97, 98, 100, 112, 224, 229, 348, 359 returnees — See migration Bucharest Plan of Action for Combating reunification of families — See reunification Terrorism 59, 69, 210, 245, 269, 343, 360, 362, 370 right to life — See death penalty Charter on Preventing and Combating Roma and Sinti Terrorism 269, 276, 346, 360, 363, 370 Action Plan on Improving the Situation Counter-Terrorism Network 22, 23 of Roma and Sinti within the OSCE OSCE Action against Terrorism Unit Area 45, 49, 50, 55, 66, 70, 188, 190, 191, (ATU) 22, 23 193, 194, 195, 196, 197, 198, 199, 200, 201, violent extremism and radicalization that 202, 204, 205, 206, 207, 258 lead to 28, 224, 254, 257, 279, 356, 357, general XVI, 50, 187, 194, 199, 201 364, 365, 366, 367, 368, 369, 375 thought, freedom of — See freedom of thought, conscience, religion or belief

385 Index

tolerance and non-discrimination U general IX, 52, 225, 256, 364 United Nations conventions and protocols — torture and cruel, inhuman or degrading See relevant subject entries treatment or punishment Convention against Torture and Other United Nations, co-operation with 9, 28, 128, Cruel, Inhuman or Degrading Treatment 291, 293, 360, 367 or Punishment 115, 121, 122, 123 Universal Declaration of Human Rights 12, European Convention for the Prevention 33, 71, 85, 121, 124, 141, 305 of Torture and Inhuman or Degrading universality of human rights 3, 9, 12, 27 Treatment or Punishment 123 general 121, 123, 125, 229, 290 UN Committee against Torture 122, 128 V UN Special Rapporteur on Torture, and Other Cruelly Inhuman or Degrading Vienna Mechanism XV, 17 Treatment or Punishment 123 violence trade in human beings — See trafficking in against minorities — See tolerance and human beings non-discrimination against women VII, 241, 284, 285, 286, 295, trade unions 91, 165 — See also association, 330, 376 freedom of trafficking in human beings W general XI, 57, 71, 73, 101, 239, 290, 332 National Referral Mechanisms 324 women, rights of — See gender, gender issues OSCE Action Plan to Combat Trafficking Workers’ Rights 165 in Human Beings 45, 58, 294, 307, 313, 323 working conditions Special Representative for Combating for journalists 143 Trafficking in Human Beings 71 UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially X Women and Children 291 xenophobia 215, 217, 254, 259, 263, 277, 366, 378 — See also tolerance and non- treatment, degrading — See torture and discrimination cruel, inhuman or degrading treatment or punishment Y youth, young people 49, 99, 169, 196, 199, 224, 225, 226, 242, 364, 366, 367, 369

386

Les engagements de la dimension humaine de l’OSCE Volume 1 Recueil thématique de textes

4e Édition Les engagements de la dimension humaine de l’OSCE Volume 1 Recueil thématique de textes

4e Édition

L’OSCE/BIDDH remercie la République fédérale d’Allemagne pour le soutien financier apporté à cette publication. Les engagements de la dimension humaine de l’OSCE, Volume 1, Recueil thématique de textes, 4e Édition

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Imprimé en Pologne par Centrum Poligrafii Table des matières

Avant-propos de la quatrième édition VII Préface : comment utiliser ce recueil IX Dimension humaine de l’OSCE : introduction XI Documents de l’OSCE mentionnés dans le présent recueil XX

Dispositions générales relatives à la dimension humaine 1

1. Introduction à la dimension humaine 2 1.1 Nature et importance de la dimension humaine 3 1.2 Dimension humaine : une question d’intérêt international direct et légitime 7

2. Mise en œuvre des engagements 8 2.1 Obligation de mise en œuvre 9 2.2 Méthodes de mise en œuvre 11 2.2.1 Dispositions générales, y compris l’enseignement des droits de l’homme 11 2.2.2 Résumé de la mise en œuvre 14 2.2.3 Observation 16 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents 17 A. Mécanisme de Vienne 17 B. Mécanisme de Moscou 18 C. Réseau contre-terrorisme 23 D. Autres mécanismes 25 2.3 Partenaires de la mise en œuvre 25 2.3.1 Gouvernements, institutions publiques et organismes gouvernementaux 25 2.3.2 Gouvernements d’autres pays et organisations internationales 26 2.3.3 Individus, défenseurs des droits de l’homme et organisations non gouvernementales 30 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine 35 A. Bureau des institutions démocratiques et des droits de l’homme (BIDDH) 36 B. Haut-Commissaire pour les minorités nationales 64 C. Représentant de l’OSCE pour la liberté des médias 70 D. Secrétariat, Représentant spécial pour la lutte contre la traite des êtres humains 75 3. Restrictions et Dérogations 77 3.1 Étendue et nature des restrictions légitimes 78 3.2 Dérogations aux obligations en cas d’état d’urgence publique 78

Engagements specifiques à la dimension humaine 81

1. Engagements relatifs au droit des peuples à l’autodétermination 82

2. Engagements relatifs aux composantes structurelles d’une société démocratique 84 2.1 Dispositions générales 85 2.2 Élections 88 2.3 Institutions démocratiques 92 2.3.1 Dispositions générales 92 2.3.2 Gouvernement décentralisé, structures et organismes spécifiques 95 2.3.3 Contrôle civil démocratique des forces de sécurité intérieures, des forces militaires et paramilitaires, des services de renseignement et de la police 95 2.3.4 Institutions nationales indépendantes traitant des droits de l’homme 97 2.3.5 Organisations non gouvernementales 97 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques 98 2.4 État de droit 107 2.4.1 Dispositions générales 107 2.4.2 Indépendance de la justice et des juristes, fonctionnement impartial des services judiciaires publics 113 2.4.3 Administration de la justice 116 A. Application de la loi 116 B. Traitement des personnes privées de liberté 119 2.4.4 Respect des obligations internationales 121

3. Engagements relatifs aux droits de l’homme applicables à tous 123 3.1 Droits civils et politiques 124 3.1.1 Dispositions générales 124 3.1.2 Droit à la vie/abolition de la peine de mort 124 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants 125 3.1.4 Droit de ne pas être arrêté ou détenu arbitrairement 134 3.1.5 Droit à un procès équitable 135 3.1.6 Droit à un recours effectif 137 3.1.7 Objection de conscience et service alternatif 139 3.1.8 Liberté de pensée, de conscience, de religion ou de conviction 140 3.1.9 Liberté d’association et liberté de réunion pacifique 144 3.1.10 Liberté d’expression, médias et presse libres 146 A. Dispositions générales 146 B. Liberté des médias et conditions de travail des journalistes 149 C. Liberté d’expression culturelle ou artistique 158 3.1.11 Liberté de mouvement, contacts humains et regroupement familial 159 3.1.12 Respect de la vie privée et de la vie de famille 167 3.1.13 Droit à la nationalité 168 3.1.14 Droit de propriété 168 3.2 Droits économiques, sociaux et culturels 169 3.2.1 Dispositions générales 169 3.2.2 Droits économiques et sociaux 170 A. Dispositions générales 170 B. Droits des travailleurs 172 3.2.3 Droits culturels/héritage culturel 174 3.2.4 Droit à l’éducation 176

4. Engagements relatifs aux droits de l’homme se focalisant sur des groupes spécifiques 179 4.1 Minorités nationales 180 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination 180 4.1.2 Participation réelle à la vie publique et politique 186 4.1.3 Identité et éducation culturelles, linguistiques et religieuses 188 4.1.4 Contacts humains, médias et presse libres 191 4.1.5 Rôle des organisations et des associations 193 4.1.6 Protection contre les crimes de haine 194 4.2 Roms et Sentis 195 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination 195 4.2.2 Participation réelle à la vie publique et politique 201 4.2.3 Accès à l’éducation 205 4.2.4 Questions socio-économiques 208 4.2.5 Racisme et discrimination 210 A. Lutte contre le racisme et les stéréotypes 210 B. Protection contre les crimes de haine 213 4.2.6 Situations de crise et de post-crise 215 4.3 Populations autochtones 216 4.4 Réfugiés, personnes déplacées, retour des migrants et apatrides 216 4.5 Travailleurs migrants 220 4.6 Personnes en situation de handicap 227 4.7 Enfants 228 4.8 Personnel des forces armées 236 4.9 Personnes en détention ou emprisonnées 237

5. Engagements relatifs à l’égalité, à la tolérance et à la non-discrimination 240 5.1 Clauses d’égalité et de non-discrimination 241 5.2 Égalité des droits entre les hommes et les femmes 242 5.3 Lutte contre les actes motivés par les préjugés, l’intolérance et la haine 253 5.3.1 Dispositions générales 253 5.3.2 Instruments internationaux 267 5.3.3 Législation, application des lois et des politiques 268 5.3.4 Collecte et suivi des données 273 5.3.5 Promouvoir la tolérance, la compréhension et le respect, y compris la mémoire 276 5.3.6 Rôle des médias 287

6. Engagements relatifs aux menaces spécifiques pesant sur la sécurité humaine 291 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre 292 (A) Cadre juridique 296 (B) Prévention 296 (C) Protection 297 (D) Poursuites 297 (E) Partenariat 298 6.2 Prévention de la traite des êtres humains 302 6.2.1 Dispositions générales relatives à la prévention 302 6.2.2 Enquêtes, détection, répression et poursuites 325 6.2.3 Protection des victimes et mise à disposition d’une assistance 336 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale 346 6.4 Prévention du terrorisme 355 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme 355 6.4.2 Respect des droits de l’homme et de l’État de droit dans la lutte contre le terrorisme 376 6.4.3 Prévention des activités terroristes sur le territoire des États participants 379 6.4.4 Extradition et poursuites judiciaires contre les personnes impliquées dans des actes de terrorisme 387 6.4.5 Lutte contre l’utilisation d’Internet à des fins terroristes 390 6.5 Combattre les risques d’utilisation abusive des technologies de l’information et de la communication (TIC) 393

7. Engagements relatifs au droit international humanitaire 396

Index 400 Avant-propos de la quatrième édition

C’est pour moi un grand plaisir de présenter cette quatrième édition des Engagements de la dimen- sion humaine de l’OSCE et de prendre acte des progrès accomplis dans de nombreux domaines, tout en restant pleinement conscient des défis auxquels sont confrontés les droits de l’homme et la démocratie dans la région OSCE.

Cette publication, qui est le dernier recueil actualisé des engagements de l’OSCE pour la démo- cratie et les droits de l’homme, est devenue au fil des ans une ressource essentielle non seulement pour les responsables gouvernementaux ou le personnel de l’OSCE, mais aussi pour la société civile et tous ceux qui œuvrent à renforcer les droits de l’homme à l’intérieur des frontières de la région OSCE, et au-delà. Ce recueil thématique, ainsi que le résumé chronologique qui l’accom- pagne, sont également disponibles sur le site du Bureau des institutions démocratiques et des droits de l’homme (BIDDH) de l’OSCE.

L’Acte final d’Helsinki et les nombreux documents qui ont suivi sont devenus un ensemble de normes de grande portée qui constituent le fondement de ce que l’OSCE nomme la dimension humaine de la sécurité. Dans la Charte de Paris pour une Nouvelle Europe de 1990, les États ont formel- lement reconnu : « Les droits de l’homme et les libertés fondamentales sont inhérents à tous les êtres humains, inaliénables et garantis par la loi. La responsabilité première des gouvernements est de les protéger et de les promouvoir ».

Les engagements ont été élaborés et librement approuvés par tous les États de l’OSCE, qui ont pris l’obligation de respecter ces engagements sans pression, ni coercition. Ils affirment le concept de sécurité globale de l’OSCE, dans lequel la dimension humaine a le même poids que la coopéra- tion politico-militaire ou la gouvernance économique et environnementale.

Plus d’une décennie s’est écoulée depuis la publication de la dernière édition des Engagements de la dimension humaine. Durant cette période, nos sociétés ainsi que les liens qui les unissent se sont développés, et de nouveaux défis divers en matière de droits de l’homme se sont fait jour, entraînant à la fois des opportunités et des menaces. Les États de l’OSCE en ont abordé un certain nombre lors des réunions annuelles du Conseil ministériel qui, comme toujours, ont eu lieu dans les capitales des pays exerçant la Présidence annuelle tournante de l’OSCE : Vilnius, Dublin, Kiev, Bâle, Belgrade, Hambourg, Vienne, Milan et Tirana.

Les pages qui suivent font état de ces adjonctions. Le fait qu’il y ait eu de nouveaux engagements dans des domaines tels que les migrations, la traite des êtres humains, la lutte contre les violences faites aux femmes, ou le rôle que peuvent jouer les jeunes en contribuant à une culture du dialogue, montre la prise de conscience actuelle du besoin de lutter contre les violations les plus atroces des droits de l’homme, et d’améliorer la protection de ces droits, dans toute la région OSCE.

VII Avant-propos de la quatrième édition

Alors que les technologies numériques ont renforcé les droits de l’homme, et comblé les fractures géographiques, facilitant l’engagement démocratique à une échelle autrefois inimaginable, nous voyons que la haine peut aussi se propager facilement et rapidement à travers les plateformes numé- riques, et que les outils élaborés afin de lutter contre les infractions ou de contrôler les frontières peuvent être utilisés à mauvais escient pour limiter les libertés fondamentales, restreindre les droits de l’homme et, parfois, étouffer les voix critiques. Dans le même temps, les tendances migratoires mondiales, le changement climatique, les pandémies et les conflits armés mettent à l’épreuve nos sociétés et l’avenir des principes démocratiques fondés sur les droits de l’homme. Il est donc plus important que jamais de mettre un dialogue authentique au cœur des efforts visant à œuvrer pour notre avenir commun.

J’espère que cette quatrième édition des engagements se révélera un outil utile pour les responsables politiques, les fonctionnaires, les experts, les militants et tous ceux qui sont engagés à combler les fractures entre engagement et mise en œuvre. Le BIDDH, l’une des principales institutions des droits de l’homme dans le monde, continuera de soutenir les efforts nationaux et internationaux visant à construire des sociétés plus démocratiques, plus tolérantes et plus inclusives. Durant les trois dernières décennies, les directeurs du BIDDH ont œuvré en vue d’assurer l’avenir de la démo- cratie et le respect des droits de l’homme qui sont ancrés dans les engagements. À tous les direc- teurs qui ont présidé le BIDDH dans le passé, je tiens à exprimer ma gratitude pour leur vision et leur engagement : Luchino Cortese (Italie, 1991-1994) ; Audrey Glover (Royaume-Uni, 1994- 1997) ; Gerard Stoudmann (Suisse, 1997-2002) ; Christian Strohal (Autriche, 2003-2008) ; Janez Lenarčič (Slovénie, 2008-2014) ; Michael Georg Link (Allemagne, 2014-2017) et Ingibjörg Sólrún Gísladóttir (Islande, 2017-2020).

Pour la première fois, la présente édition des Engagements de la dimension humaine est publiée dans toutes les langues officielles de l’OSCE, d’une part parce que la connaissance de ces engage- ments novateurs pour la protection des droits de chaque individu doit être divulguée aussi lar- gement que possible et, d’autre part, parce qu’aucun État de l’OSCE ne met totalement ces droits en œuvre. Nous avons tous notre part à faire.

Matteo Mecacci Directeur, Bureau des institutions démocratiques et des droits de l’homme (BIDDH) de l’OSCE

VIII Préface : comment utiliser ce recueil

Depuis l’Acte final d’Helsinki en 1975, les États participants de l’OSCE, actuellement au nombre de 57, ont adopté un grand nombre d’engagements politiquement contraignants dans le domaine de ce que l’on appelle désormais la dimension humaine du concept global de sécurité de l’OSCE.

Les engagements qui se trouvent dans les sections thématiques et chronologiques de cette publica- tion ont été sélectionnés à partir d’une définition de l’expression ‘dimension humaine’ telle qu’elle est utilisée aujourd’hui, regroupant tous les aspects relatifs aux droits de l’homme et aux libertés fondamentales : la démocratie, y compris les élections démocratiques, la gouvernance et les insti- tutions démocratiques, la tolérance et la non-discrimination, les règles de l’État de droit, ainsi que les règles relatives aux minorités nationales, les contacts humains et le droit international huma- nitaire.* De plus, ce recueil comprend les dispositions pour des mécanismes de contrôle de la mise en œuvre de ces engagements, ainsi que les missions principales des institutions de l’OSCE enga- gées dans le domaine de la dimension humaine.

Les documents utilisés pour cette publication ont été signés ou adoptés lors de plusieurs forums CSCE/OSCE de haut niveau. Bien que ces documents n’aient pas la valeur de traités juridiquement contraignants au titre du droit international , ils représentent néanmoins des engagements politiques, adoptés par consensus et rendant chaque État participant responsable. Comme ces documents sont tous adoptés par consensus, ils ont en quelque sorte un effet immédiat : ils sont immédiatement applicables et peuvent être directement invoqués par tout citoyen ou gouvernement de l’OSCE, vis- à-vis de tout gouvernement d’un État participant. De plus, les engagements de l’OSCE renforcent, plutôt qu’ils ne les dupliquent, les obligations figurant dans le droit international et les conven- tions internationales, car ils représentent un engagement à les mettre en œuvre en toute bonne foi.

Les dispositions relatives à la dimension humaine contenues dans ce recueil sont énoncées dans les documents issus de sommets, de réunions de suivi, de conférences sur la dimension humaine et, le cas échéant, de réunions du Conseil ministériel depuis 1975. On y trouve aussi des documents qui ont été élaborés lors de réunions d’experts pertinentes, puis incorporés dans le corpus d’enga- gements de la CSCE/OSCE lors d’autres forums.

Bien que le but de cette publication soit de présenter un rapport exhaustif des bases normatives de l’OSCE dans le domaine de la dimension humaine, elle ne représente pas une tentative de réa- liser un inventaire complet de tous les termes qui pourraient avoir un rapport de près ou de loin avec la dimension humaine. Nous voulons insister sur le fait que, bien que ce recueil se concentre sur la dimension humaine et, par conséquent, sur les droits de l’homme et la démocratie, les enga- gements de l’OSCE doivent toujours être lus et compris dans le contexte d’un concept de sécurité globale, qui englobe également les questions politico-militaires ainsi que les aspects économiques

* Cette définition figure également à l’ordre du jour de la Réunion annuelle de mise en œuvre de la dimension humaine de l’OSCE.

IX Préface : comment utiliser ce recueil

et environnementaux. Si un engagement spécifique ne figure pas dans ce recueil, cela ne signifie pas qu’il n’est pas pertinent. Pour des raisons purement pratiques, il a fallu établir une limite à un moment donné, car notre intention était de produire un guide de référence facile d’utilisation plutôt qu’une encyclopédie. Ce recueil est destiné à être utilisé aussi bien par des membres de gouverne- ment, des organisations de la société civile, que par des universitaires, des étudiants et des juristes.

X Dimension humaine de l’OSCE : introduction

En 2025, l’Organisation pour la sécurité et la coopération en Europe (OSCE) va commémorer le 50e anniversaire de la signature de son document fondateur, l’Acte final d’Helsinki. Depuis 1975, l’OSCE a développé un vaste ensemble de normes et de critères relatifs aux droits de l’homme, qui reflètent en général les normes et concepts traditionnels relatifs aux droits de l’homme tels qu’ils sont inscrits dans d’autres déclarations et traités internationaux consacrés aux droits de l’homme. Néanmoins, sur cette base, l’OSCE a également développé un certain nombre de normes extrême- ment novatrices, tant sur le fond que sur la forme.

Cette publication a pour but de rendre les engagements de l’OSCE plus accessibles aux citoyens comme aux membres des gouvernements, dans la continuité des enseignements les plus importants retenus du processus d’Helsinki. À la base même des droits de l’homme se trouve une dimension de prise de contrôle, autrement dit le « droit de connaître ses droits ». Lorsque l’Acte final d’Hel- sinki a été adopté, les États participants se sont engagés à rendre ce document accessible au plus grand nombre. Cela a permis la création de nombreuses associations importantes de protection des droits de l’homme, comme les groupes d’Helsinki et la Charte 77, qui ont trouvé, dans le processus d’Helsinki, les ressources pour accomplir leur mission, et ont contribué au processus de transfor- mation en Europe centrale et en Europe de l’Est. Le cadre des droits de l’homme de l’OSCE a donc été l’un des cadres existants les plus efficaces, et il continue à jouer un rôle important aujourd’hui.

C’est un cadre original, comprenant un ensemble de documents qui, entre autres innovations, fait des droits de l’homme un sujet de préoccupation légitime entre États. On trouve le fondement de ce cadre dans l’Acte final d’Helsinki, mais les documents qui lui ont succédé, comme le Document de Copenhague de 1990, la Charte de Paris pour une nouvelle Europe de 1990 et le Document de Moscou de 1991, ont établi d’autres bases importantes qui sont nécessaires pour comprendre la dimension humaine de l’OSCE aujourd’hui.

Le but de cette introduction est de fournir des orientations pour la lecture et l’utilisation de ces normes, et de donner un aperçu des aspects de base de la dimension humaine de l’OSCE.*

* La Conférence sur la sécurité et la coopération en Europe (CSCE) a été rebaptisée en 1994 l’Organisation pour la sécurité et la coopération en Europe (OSCE). Pour des raisons pratiques, seul le terme OSCE est utilisé dans ce texte.

XI Dimension humaine de l’OSCE : introduction

A. Les fondements

1. Les droits de l’homme et le concept global de sécurité de l’OSCE

L’OSCE a été créée en tant qu’instance ayant pour but d’assurer la sécurité. Cependant, elle ne se limite pas aux questions de sécurité militaire, de désarmement ou de frontières. S’appuyant sur un concept élargi de la sécurité, elle s’occupe également des droits de l’homme. Pour l’OSCE, la sécu- rité est plus que la simple absence de guerre. L’intention des États participants de l’OSCE était plu- tôt de créer un cadre global pour la paix et la stabilité en Europe.

L’un des dix principes directeurs de l’Acte final d’Helsinki est le « respect des droits de l’homme et des libertés fondamentales, y compris la liberté de pensée, de conscience, de religion ou de convic- tion ». Cela constitue un pas important dans l’histoire de la protection des droits de l’homme. Pour la première fois, les principes des droits de l’homme ont été inclus en tant qu’élément expli- cite et intégral d’un cadre sécuritaire régional, au même titre que les questions politico-militaire et économique. Cette reconnaissance a été renforcée par de nombreux documents ultérieurs qui vont dans ce sens. C’est donc maintenant un fait bien établi, qui ne saurait être remis en ques- tion. Il n’existe pas de hiérarchie au sein de ces principes, et aucun gouvernement ne peut pré- tendre devoir établir la sécurité politique ou économique avant d’aborder la question des droits de l’homme et de la démocratie.

L’histoire récente prouve la validité du concept de l’OSCE selon lequel une société libre, qui per- met à chacun de participer pleinement à la vie publique, constitue un rempart contre les conflits et l’instabilité. Le manque de respect pour l’intégrité territoriale d’États souverains, l’arrestation ou l’emprisonnement arbitraire de manifestants pacifiques, ou l’exclusion de la société d’indivi- dus ou de certains groupes sur la base de critères ethniques ou autres, ont parfois mené à des ten- sions et à l’instabilité. L’augmentation rapide des migrations et des flux de réfugiés, par exemple dus à des conflits ou au changement climatique, ont également un impact important sur la sécurité.

Dans la terminologie de l’OSCE, l’expression « dimension humaine » est utilisée pour décrire un ensemble de normes et d’activités relatives aux droits de l’homme, à la démocratie et à l’État de droit, considéré au sein de l’OSCE comme l’une des trois dimensions de la sécurité, tout comme les dimensions politico-militaire, économique et environnementale. Cette expression indique aussi que les normes de l’OSCE dans ce domaine couvrent un domaine plus large que le droit tradition- nel relatif aux droits de l’homme.

2. Le « processus » de l’OSCE

Depuis ses débuts, l’OSCE suit une méthode de « processus ». L’Acte final d’Helsinki prévoit des conférences et des réunions régulières de suivi. Cela est très important pour comprendre le cadre des droits de l’homme de l’OSCE.

En premier lieu, cela signifie qu’il existe un forum pour discuter de la mise en œuvre des normes définies lors des réunions précédentes. En second lieu, cela a mené à un ensemble de documents successifs de l’OSCE, qui précisent et élaborent les engagements de la dimension humaine adoptés dans les précédents textes. Ainsi, l’OSCE a développé un processus de création de normes extrê- mement flexible et dynamique dans le domaine des droits de l’homme, processus qui est continu. Cela a mené à la reconnaissance de la traite des êtres humains, qui auparavant était le plus souvent abordée dans le contexte du crime organisé, comme une question relative aux droits de l’homme,

XII Dimension humaine de l’OSCE : introduction

et à la reconnaissance des crimes de haine comme une menace potentielle à la sécurité intérieure et internationale.

Les engagements de l’OSCE prennent généralement la forme de documents adoptés par consen- sus lors de sommets ou de réunions ministérielles de l’OSCE. Chaque réunion se déroule dans un climat politique et un contexte particuliers. Il n’est donc pas surprenant que les sommets et les réunions ministérielles de l’OSCE aient joué des rôles différents dans l’élaboration de nouveaux engagements. Alors que certaines réunions, notamment au début des années 1990, ont engendré un vaste ensemble de nouvelles normes importantes, d’autres se sont limitées à des changements et des ajouts mineurs.

Cette élaboration progressive a mené à la production d’une quantité importante de documents OSCE. Il n’est donc pas toujours facile pour les juristes de déterminer quelles normes s’appliquent à une situation donnée, en particulier car chaque document contient, à des degrés divers, des répé- titions et des innovations. Les utilisateurs doivent se souvenir que c’est l’ensemble de ces docu- ments qui forment le cadre actuel de l’OSCE. Un document ne devient donc pas obsolète à mesure que de nouveaux documents sont adoptés. Les documents se renforcent mutuellement, et consti- tuent ce que l’on peut appeler l’acquis de l’OSCE. Ils ont été adoptés par consensus et, de ce fait, ils engagent politiquement tous les États participants. Cela s’applique aussi aux États participants admis plus tard à l’OSCE, car ils doivent accepter cet acquis au moment de leur adhésion.

Par conséquent, les utilisateurs ne doivent pas s’appuyer sur un seul document, mais plutôt consul- ter l’ensemble des documents existants, afin d’estimer l’envergure réelle des engagements sur un droit ou une liberté fondamentale spécifiques. Souvent, un document plus ancien ne fait que sti- puler un principe général, qui est ensuite développé en détail dans des documents plus récents. Cependant, puisque les engagements et les documents se renforcent mutuellement, un engagement énoncé dans un document plus ancien ne perd pas de sa force si un document plus récent ne fait que mentionner ce droit de manière générale.

Dans le même temps, chaque document dans son ensemble reflète un contexte historique particu- lier, et sa structure suit une logique qui place les différentes parties du document dans un contexte plus large. La lecture du document dans son intégralité peut donc apporter des informations importantes quant à la compréhension et à l’interprétation des normes concernées. Cela explique la double approche de ce recueil en deux volumes, l’un étant thématique, l’autre chronologique.

3. Engagements de la dimension humaine et la démocratie pluraliste fondée sur l’État de droit

Dans un certain nombre de cas, les engagements de la dimension humaine de l’OSCE vont bien au-delà du niveau prévu dans les instruments « traditionnels » contraignants relatifs aux droits de l’homme. Dans les traités traditionnels relatifs aux droits de l’homme, les droits des individus (ou des groupes) sont énoncés, et les États parties ont pour obligation de respecter et/ou de garan- tir ces droits. Les États sont ensuite libres de décider comment ils souhaitent mettre en œuvre ces obligations.

La dimension humaine de l’OSCE va bien plus loin, en faisant le lien entre les droits de l’homme et le système politique et institutionnel d’un État. Par définition, les États de l’OSCE acceptent à travers ces engagements de la dimension humaine le fait que la démocratie pluraliste fondée sur l’État de droit est le seul système de gouvernement à même de garantir efficacement la protection des droits de l’homme.

XIII Dimension humaine de l’OSCE : introduction

Cela explique pourquoi la dimension humaine de l’OSCE a été décrite comme un ordre public com- mun paneuropéen. Autrement dit, l’OSCE n’est pas simplement une organisation de 57 États par- ticipants, mais une « communauté de valeurs » permettant d’élaborer collectivement des pratiques et des usages normatifs. Ce lien apparaît aussi dans l’engagement fort de respecter l’État de droit, et dans sa formulation même, celle d’un concept fondé sur la dignité de la personne humaine et sur un système de droits garantis par des lois et des structures juridiques.

4. Engagements politiquement contraignants

Le processus de l’OSCE est essentiellement un processus politique, qui ne crée pas de normes ou de principes juridiquement contraignants. Contrairement à beaucoup d’autres documents relatifs aux droits de l’homme, les engagements de la dimension humaine de l’OSCE engagent les États politiquement, mais non juridiquement. Il s’agit là d’une distinction importante, car cela limite la force exécutoire des normes de l’OSCE sur le plan juridique. Autrement dit, les engagements de l’OSCE ne peuvent pas être appliqués par une cour de justice.

Cependant, il ne faut pas faire l’erreur de penser que ces engagements sont dénués de caractère contraignant. La distinction réside entre le juridique et le politique, et non entre ce qui est contrai- gnant et ce qui ne l’est pas. Cela veut dire que les engagements de l’OSCE sont plus qu’une simple déclaration de volonté ou de bonnes intentions ; ils sont en fait une promesse politique de respec- ter ces normes.

Alors que les délibérations autour des documents juridiques internationaux prennent en général un temps considérable avant qu’un texte final fasse l’objet d’un accord, et alors que les documents finals sont soumis à ratification et à des réserves, tel n’est pas le cas des documents de l’OSCE. Leur nature politique donne lieu à une situation unique car, une fois que les États ont atteint un consen- sus, les décisions sont applicables immédiatement et, en principe, elles sont contraignantes pour tous les États de l’OSCE (c’est ce qu’on appelle le principe d’universalité).

Cela permet à l’OSCE de réagir rapidement à de nouveaux besoins. Par exemple, quand les vio- lations des droits de l’homme envers les minorités ont augmenté au début des années 1990, c’est l’OSCE qui a réagi en premier, et a rédigé un ensemble complet de normes dans le domaine de la protection des minorités. Plus tard, ces normes politiques ont servi de base à la Convention-cadre pour la protection des minorités nationales du Conseil de l’Europe.

5. Droits de l’homme, une question internationale

Un autre aspect fondamental de la dimension humaine de l’OSCE réside dans le fait que les droits de l’homme et la démocratie pluraliste ne sont pas considérés comme les affaires intérieures d’un État. Les États participants ont insisté sur le fait que les droits de l’homme, les libertés fondamen- tales, la démocratie et l’État de droit étaient des questions d’ordre international, car le respect de ces droits et de ces libertés constitue l’un des fondements de l’ordre international.

D’ailleurs, les États participants ont déclaré de manière « catégorique et irrévocable » que « les enga- gements contractés dans le domaine de la dimension humaine de la CSCE sont un sujet de préoccu- pation directe et légitime pour tous les États participants, et [qu’]ils ne relèvent pas exclusivement des affaires intérieures de l’État en cause » (Document de Moscou, 1991). C’est pourquoi les États participants de l’OSCE ne peuvent invoquer le principe de non-intervention pour éviter les dis- cussions relatives aux droits de l’homme à l’intérieur de leur pays. Cela explique pourquoi l’OSCE n’est pas seulement une communauté de valeurs, mais aussi une communauté de responsabilité. Et

XIV Dimension humaine de l’OSCE : introduction

il faut insister sur le fait que cette responsabilité ne se limite pas seulement au droit d’émettre des critiques envers les États qui auraient violé les engagements de la dimension humaine, mais qu’elle comprend aussi le devoir de s’entraider pour résoudre des problèmes spécifiques.

6. Limites et rapport avec les traités internationaux relatifs aux droits de l’homme

Les engagements de l’OSCE reflètent les libertés et les droits de l’homme traditionnels, ainsi que certains domaines qui vont au-delà du droit relatif aux droits de l’homme traditionnels. Comme dans d’autres traités relatifs aux droits de l’homme, une question importante se pose, à savoir dans quelle mesure les droits peuvent être restreints. C’est un point important pour tout juriste tentant de déterminer si un droit spécifique a été violé ou non. Certaines libertés énoncées par l’OSCE ont des clauses restrictives bien précises. Cependant, le Document de Copenhague de l’OSCE énonce une règle générale importante pour les droits qui sont mentionnés dans ce document : ils ne seront soumis à aucune restriction, sauf celles qui sont prévues par la loi et qui sont en cohé- rence avec d’autres obligations énoncées par le droit international, comme le Pacte international relatif aux droits civils et politiques. Les restrictions ne doivent pas être appliquées de manière arbitraire, et elles doivent toujours être comprises comme une exception à la règle générale de res- pect de la liberté individuelle. Toute limite doit être strictement proportionnelle à l’objectif de la loi. Ce test de proportionnalité exige une interprétation restreinte, particulièrement en raison du fait que toute interférence doit être comparée à la valeur considérable de ces libertés fondamen- tales pour une société démocratique libre et ouverte. Ces questions sont devenues particulièrement pertinentes pour assurer le fonctionnement continu des institutions démocratiques et respecter les droits de l’homme à la suite de l’apparition de la pandémie de Covid-19.

B. Institutions et mise en œuvre

1. Responsabilité de mettre en œuvre les engagements de la dimension humaine de l’OSCE

Le cadre des droits de l’homme décrit ci-dessus existe dans le but de profiter à tous ceux qui vivent dans la région OSCE et, de fait, il décrit les droits de l’homme et les libertés fondamentales comme des « droits inhérents à tous les individus ». La responsabilité de garantir ces droits incombe en pre- mier lieu aux États participants de l’OSCE. Tout comme d’autres traités internationaux relatifs aux droits de l’homme, les engagements de la dimension humaine de l’OSCE s’adressent aux États participants. Les engagements renforcent ce principe directeur en mettant l’accent sur le fait que la protection et la promotion des droits de l’homme et des libertés fondamentales est « la première responsabilité d’un gouvernement » (Charte de Paris, 1990).

Dès le début, il était clair que la définition de normes en elle-même n’est pas toujours suffisante pour mettre en œuvre de manière efficace les engagements de la dimension humaine. Les pro- cédures internationales devraient jouer un rôle complémentaire important à ce sujet. En consé- quence, l’OSCE a créé un ensemble de procédures, de conférences et d’institutions qui permettent de contrôler et de soutenir la mise en œuvre des engagements de la dimension humaine de l’OSCE.

XV Dimension humaine de l’OSCE : introduction

Contrairement à d’autres traités relatifs aux droits de l’homme*, l’OSCE n’a pas créé de tribunal ou d’instance permettant une action juridique individuelle pour assurer la mise en œuvre des enga- gements de l’OSCE. Cela reflète le caractère politique du processus de l’OSCE et la volonté de ne pas répéter les mécanismes existants. Au contraire, l’OSCE renforce ces mécanismes essentiels et invite les États participants à souscrire à ces mécanismes et à se conformer aux normes établies par d’autres organisations internationales. Il est important de noter également que l’absence d’un processus de plainte individuelle n’empêche pas de porter des cas individuels à l’attention des ins- titutions politiques de l’OSCE.

2. Sommets et autres réunions de suivi

Comme cela a été mentionné plus haut, l’Acte final d’Helsinki prévoyait des conférences de suivi régulières, ce qui témoignait d’une prise de conscience de la nécessité d’établir un dialogue continu pour que l’accord soit efficace. Ce processus continu a abouti au fil des années à un système sophis- tiqué de sommets politiques et autres conférences, où l’on débat de la mise en œuvre des engage- ments de l’OSCE.†

Cette structure complexe de sommets, réunions, conférences et séminaires engendre deux effets importants. En premier lieu, elle permet aux États participants d’entreprendre un processus dyna- mique d’élaboration de normes. Les États participants peuvent réagir rapidement aux nouveaux besoins, et s’appuyer sur les engagements précédents de l’OSCE pour préciser leur application. En second lieu, cette structure offre un forum de discussion pour débattre de la mise en œuvre réelle des engagements de la dimension humaine par les États participants de l’OSCE. Cela rap- pelle le principe selon lequel le respect des engagements de l’OSCE est un sujet de préoccupation direct et légitime pour tous les États participants de l’OSCE, et ne relève pas des affaires intérieures d’un État en particulier.

L’une des caractéristiques majeures de ces réunions d’examen sur la dimension humaine de l’OSCE est qu’elles sont ouvertes à la participation active d’organisations non gouvernementales (ONG). Ainsi, les ONG peuvent participer – et elles le font – aux discussions sur les problèmes relatifs à la mise en œuvre réelle des engagements de la dimension humaine de l’OSCE, et elles peuvent émettre des suggestions sur la manière de résoudre les problèmes.

* Voir, par exemple, la Convention européenne des droits de l’homme, qui a établi la Cour européenne des droits de l’homme, ou le Pacte international relatif aux droits civils et politiques des Nations Unies, qui a éta- bli le Comité des droits de l’homme des Nations Unies. † Les sommets de l’OSCE et les réunions du Conseil ministériel adoptent en général de nouvelles déclarations et de nouveaux documents. Des conférences de révision précèdent les sommets de l’OSCE, durant lesquelles est examinée la conformité aux normes OSCE, et est préparé le texte final devant être adopté au sommet sui- vant. Les réunions de mise en œuvre de la dimension humaine de l’OSCE ont lieu les années où aucun sommet de l’OSCE n’est prévu, et elles constituent un forum pour débattre de la mise en œuvre des engagements de la dimension humaine de l’OSCE. Il est également prévu qu’un séminaire sur la dimension humaine et trois réu- nions supplémentaires sur la dimension humaine soient organisés chaque année. Pour de plus amples informa- tions, voir le site du BIDDH www.osce.org/odihr.

XVI Dimension humaine de l’OSCE : introduction

3. Mécanisme de la dimension humaine

En plus de ces réunions régulières, l’OSCE a aussi créé ce que l’on appelle le mécanisme de la dimension humaine, le Mécanisme de Vienne* et le Mécanisme de Moscou†, ce dernier consti- tuant en partie un développement du Mécanisme de Vienne. Ensemble, ils définissent un proces- sus de supervision de la mise en œuvre des engagements de la dimension humaine, qui peut être invoqué de façon ad hoc par tout État participant de l’OSCE.

Par le biais d’un ensemble de procédures, le Mécanisme de Vienne permet à un État participant de soulever des questions relatives à la dimension humaine dans un autre État participant de l’OSCE. Le Mécanisme de Moscou le renforce, en donnant la possibilité supplémentaire d’organiser au cas par cas des missions d’experts indépendants, pour aider à résoudre un problème spécifique rele- vant de la dimension humaine. Cela inclut le droit d’enquêter sur des violations présumées des engagements de la dimension humaine, ce qui peut même se faire, dans certaines circonstances exceptionnelles, sans le consentement de l’État incriminé.

4. Institutions de l’OSCE traitant de la dimension humaine

En s’écartant de l’approche fondée sur les conférences de ses premières années, l’OSCE a créé un certain nombre d’institutions permanentes pour aider les États participants à mettre en œuvre les engagements de la dimension humaine de l’OSCE. Les principales institutions traitant de ques- tions relatives à la dimension humaine sont mentionnées ci-après dans un bref aperçu qui ne com- prend pas la description détaillée de leur rôle ni de leurs activités.

A. Bureau des institutions démocratiques et des droits de l’homme

Créé à l’origine sous le nom de Bureau pour des élections libres en 1991‡, le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), dont le Siège est à Varsovie, est l’institution principale au sein de l’OSCE pour ce qui est de la dimension humaine. Le Document d’Helsinki de 1992 a défini le mandat du BIDDH, qui est d’aider les États participants de l’OSCE à « assurer le plein respect des droits de l’homme et des libertés fondamentales, à observer les règles de l’État de droit, à promouvoir les principes de la démocratie et [...] à édifier, renforcer et protéger les ins- titutions démocratiques ainsi qu’à favoriser la tolérance à tous les niveaux de la société ».

Conformément à son mandat et à ses fonctions telles qu’énoncées dans un grand nombre de docu- ments, le BIDDH encourage les processus électoraux démocratiques par une observation en pro- fondeur des élections. Il mène des projets d’assistance aux élections qui encouragent la démocratie participative significative, et aide les États participants de l’OSCE dans la mise en œuvre de leurs engagements de la dimension humaine, en examinant d’autres processus démocratiques et le res- pect des droits de l’homme, ainsi qu’en leur fournissant une expertise et un soutien pratique pour la création d’institutions démocratiques. Cela se fait par le biais de programmes à long terme visant à renforcer l’État de droit, la gouvernance démocratique et la société civile, avec laquelle le BIDDH entretient une coopération étroite et permanente. Le BIDDH soutient également les missions sur le terrain de l’OSCE pour des activités relatives à la dimension humaine, en offrant formation,

* Tel que défini dans le Document de clôture de la réunion de Vienne (1989). † Le Mécanisme de Moscou a été adopté lors de la dernière réunion de la Conférence sur la dimension humaine de la CSCE à Moscou (1991). L’institution responsable de l’OSCE, le Bureau des institutions démocratiques et des droits de l’homme, tient à jour une liste active d’experts, conformément au mécanisme de Moscou. ‡ La décision de créer le Bureau pour des élections libres a été prise lors du Sommet de Paris, en 1990. Le Bureau a été ouvert en 1991.

XVII Dimension humaine de l’OSCE : introduction

échange d’expérience et coordination régionale. Il contribue aussi à l’alerte rapide et à la pré- vention des conflits en contrôlant la mise en œuvre des engagements de la dimension humaine de l’OSCE par les États participants. Dans cet objectif, il offre aussi une formation régulière aux droits de l’homme aux membres de gouvernements, à la société civile et au personnel de l’OSCE.

Le BIDDH aide aussi les États participants dans la mise en œuvre des obligations juridiques inter- nationales et des engagements de l’OSCE relatifs à la lutte contre le terrorisme, conformément aux normes internationales en matière de droits de l’homme, et dans la mise en œuvre de leurs enga- gements relatifs à la tolérance et à la non-discrimination. Dans ce contexte, il soutient également les efforts visant à réprimer et à combattre les crimes de haine, les incidents racistes, l’antisémi- tisme et toute autre forme d’intolérance, y compris envers les Musulmans. Le BIDDH sert de Point de contact pour les questions concernant les Roms et les Sintis, et il cherche à promouvoir l’intégra- tion totale des Roms et des Sintis dans les sociétés où ils vivent. Dans toutes ses activités, le BIDDH développe des politiques et des activités qui assurent l’égalité des genres, et il met en place des acti- vités destinées à améliorer la situation des femmes dans la région de l’OSCE.

Afin de structurer ses activités relatives à la dimension humaine, le BIDDH organise des réunions régulières qui font le bilan des engagements de la dimension humaine de l’OSCE et émettent des recommandations pour le suivi. Dans toutes ses activités, le BIDDH fait appel à un réseau de par- tenaires actifs dans des domaines similaires, notamment les organisations non gouvernementales des droits de l’homme internationales et régionales, ainsi que les organisations gouvernemen- tales internationales, en particulier le Bureau du Haut-Commissaire des Nations Unies aux droits de l’homme, et le Conseil de l’Europe.

B. Haut-Commissaire pour les minorités nationales

Le Haut-Commissaire pour les minorités nationales de l’OSCE, poste créé à La Haye en 1992, a pour tâche d’identifier, et de chercher à résoudre le plus tôt possible, les tensions ethniques qui pourraient mettre en danger la paix, la stabilité ou les relations amicales entre les États participants de l’OSCE.

Agissant indépendamment de toutes les parties concernées, le Haut-Commissaire effectue des mis- sions sur place et mène une diplomatie préventive dès le début des tensions. Outre la recherche d’informations de première main, le Haut-Commissaire s’efforce de promouvoir le dialogue, la confiance et la coopération.

C. Représentant de l’OSCE pour la liberté des médias

Le Représentant pour la liberté des médias de l’OSCE aide les États participants à développer des médias libres, indépendants et pluralistes, car il s’agit là d’un des éléments essentiels d’une démo- cratie pluraliste efficace. Le Représentant, dont le Bureau est à Vienne, observe les changements dans le domaine des médias au sein de tous les États participants, et il recommande et encourage le respect des principes et des engagements pertinents de l’OSCE.

XVIII Dimension humaine de l’OSCE : introduction

5. Conclusion

Les États participants de l’OSCE ont élaboré un corpus remarquable de normes et de principes dans le domaine de la dimension humaine. Les documents de l’OSCE constituent une source abondante d’engagements relatifs aux droits de l’homme, qui ont fait de cette Organisation la plus novatrice dans ce domaine. Nous espérons que cette publication aidera à promouvoir encore plus la connais- sance ainsi que la mise en œuvre des nombreux engagements, souvent extrêmement détaillés, que les États participants de l’OSCE ont fait entrer dans la sphère des droits de l’homme, des libertés fondamentales, de l’État de droit et de la démocratie.

XIX Documents de l’OSCE mentionnés dans le présent recueil

Acte final de la Conférence sur la sécurité et la coopération en Europe, Helsinki, 1er août 1975 (ci-après intitulé Helsinki 1975)

Document de clôture de Madrid – Deuxième réunion de suivi, Madrid, 6 septembre 1983 (ci-après intitulé Madrid 1983)

Document de clôture de Vienne – Troisième réunion de suivi, Vienne, 15 janvier 1989 (ci-après intitulé Vienne 1989)

Rapport de la Réunion sur la Protection de l’Environnement, Sofia, 3 novembre 1989 (ci-après intitulé Sofia 1989)

Document de la Conférence de Bonn sur la coopération économique en Europe, Bonn, 11 avril 1990 (ci-après intitulé Bonn 1990)

Document de la réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE, Copenhague, 29 juin 1990 (ci-après intitulé Copenhague 1990)

Charte de Paris pour une nouvelle Europe/Document complémentaire relatif à la mise en applica- tion de certaines dispositions contenues dans la Charte de Paris pour une nouvelle Europe, Paris, 21 novembre 1990 (ci-après intitulé Paris 1990)

Document du Symposium de Cracovie sur le patrimoine culturel des États participants de la CSCE, Cracovie, 6 juin 1991 (ci-après intitulé Cracovie 1991)

Rapport de la Réunion d’experts de la CSCE sur les minorités nationales, Genève, 19 juillet 1991 (ci-après intitulé Genève 1991)

Document de la Réunion de Moscou de la Conférence sur la dimension humain de la CSCE, Mos- cou, 3 octobre 1991 (ci-après intitulé Moscou 1991)

Document de la Deuxième Réunion du Conseil de la CSCE, Prague, 30–31 janvier 1992 (ci-après intitulé Prague 1992)

Document de clôture d’Helsinki – Quatrième Réunion de suivi, Helsinki, 10 juillet 1992 (ci-après intitulé Helsinki 1992) Documents de l’OSCE mentionnés dans le présent recueil

Document de la Troisième Réunion du Conseil de la CSCE, Stockholm, 14–15 décembre 1992 (ci-après intitulé Stockholm 1992)

Document de la Quatrième réunion du Conseil de la CSCE, Rome, 30 novembre-1er décembre 1993 (ci-après intitulé Rome 1993)

Document de clôture de Budapest, 6 décembre 1994 (ci-après intitulé Budapest 1994)

Document de Lisbonne, Lisbonne, 3 décembre 1996 (ci-après intitulé Lisbonne 1996)

Document de la Sixième Réunion du Conseil ministériel, Copenhague, 18–19 décembre 1997 (ci-après intitulé Copenhague 1997)

Document de la Septième Réunion du Conseil ministériel, Oslo, 2–3 décembre 1998 (ci-après inti- tulé Oslo 1998)

Document d’Istanbul, Istanbul, 19 novembre 1999 (ci-après intitulé Istanbul 1999)

Document de la Huitième Réunion du Conseil ministériel, Vienne, 27–28 novembre 2000 (ci-après intitulé Vienne 2000)

Document de la Neuvième Réunion du Conseil ministériel, Bucarest, 3–4 décembre 2001 (ci-après intitulé Bucarest 2001)

Document de la Dixième Réunion du Conseil ministériel, Porto, 6–7 décembre 2002 (ci-après inti- tulé Porto 2002)

Document de la Onzième Réunion du Conseil ministériel, Maastricht, 1–2 décembre 2003 (ci-après intitulé Maastricht 2003)

Document de la Douzième Réunion du Conseil ministériel, Sofia, 6–7 décembre 2004 (ci-après intitulé Sofia 2004)

Document de la Treizième Réunion du Conseil ministériel, Ljubljana, 5–6 décembre 2005 (ci-après intitulé Ljubljana 2005)

Document de la Quatorzième Réunion du Conseil ministériel, Bruxelles, 4–5 décembre 2006 (ci-après intitulé Bruxelles 2006)

Document de la Quinzième Réunion du Conseil ministériel, Madrid, 29–30 novembre 2007 (ci-après intitulé Madrid 2007)

Document de la Seizième Réunion du Conseil ministériel, Helsinki, 4–5 décembre 2008 (ci-après intitulé Helsinki 2008)

Document de la Dix-septième Réunion du Conseil ministériel, Athènes, 1–2 décembre 2009 (ci-après intitulé Athènes 2009)

Déclaration commémorative d’Astana, Astana, 2 décembre 2010 (ci-après intitulée Astana 2010)

Document de la Dix-Huitième Réunion du Conseil ministériel, Vilnius, 7 décembre 2011 (ci-après intitulé Vilnius 2011)

XXI Documents de l’OSCE mentionnés dans le présent recueil

Document de la Dix-neuvième Réunion du Conseil ministériel, Dublin, 7 décembre 2012 (ci-après intitulé Dublin 2012)

Document de la Vingtième Réunion du Conseil ministériel, Kiev, 6 décembre 2013 (ci-après inti- tulé Kiev 2013)

Document de la Vingt et unième Réunion du Conseil ministériel, Bâle, 5 décembre 2014 (ci-après intitulé Bâle 2014)

Document de la Vingt-deuxième Réunion du Conseil ministériel, Belgrade, 4 décembre 2015 (ci-après intitulé Belgrade 2015)

Document de la Vingt-troisième Réunion du Conseil ministériel, Hambourg, 9 décembre 2016 (ci-après intitulé Hambourg 2016)

Document de la Vingt-quatrième Réunion du Conseil ministériel, Vienne, 8 décembre 2017 (ci-après intitulé Vienne 2017)

Document de la Vingt-cinquième Réunion du Conseil ministériel, Milan, 7 décembre 2018 (ci-après intitulé Milan 2018)

Document de la Vingt-septième Réunion du Conseil ministériel, Tirana, 4 décembre 2020 (ci-après intitulé Tirana 2020)

XXII Dispositions générales relatives à la dimension humaine 1. Introduction à la dimension humaine 1 1.1 Nature et importance de la dimension humaine

1.1 Nature et importance de la dimension humaine

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants (principes de VII à IX)

Les États participants reconnaissent l’importance universelle des droits de l’homme et des liber- tés fondamentales, dont le respect est un facteur essentiel de la paix, de la justice et du bien-être nécessaires pour assurer le développement de relations amicales et de la coopération entre eux, comme entre tous les États. (…)

Ils s’efforcent, en développant leur coopération sur un pied d’égalité, de faire progresser la com- préhension et la confiance mutuelles, les relations amicales et de bon voisinage entre eux, la paix internationale, la sécurité et la justice. Ils s’efforcent également, en développant leur coopération, d’améliorer le bien-être des peuples et de contribuer à la satisfaction de leurs aspirations grâce, entre autres, aux avantages résultant d’une connaissance mutuelle accrue et des progrès et réalisa- tions dans les domaines d’ordre économique, scientifique, technologique, social, culturel et huma- nitaire. Ils prennent des mesures propres à créer des conditions permettant de rendre ces avantages accessibles à tous ; ils prennent en considération l’intérêt de tous dans la réduction des différences entre les niveaux de développement économique, et notamment l’intérêt des pays en voie de déve- loppement du monde entier.

Copenhague 1990 (Préambule)

Les États participants expriment leur conviction que le respect total des droits de l’homme et des libertés fondamentales, le développement de sociétés se fondant sur une démocratie pluraliste et l’État de droit sont des conditions préalables nécessaires pour faire progresser la mise en place d’un ordre durable de paix, de sécurité, de justice et de coopération qu’ils cherchent à établir en Europe.

(1) Les États participants expriment leur conviction que la protection et la promotion des droits de l’homme et des libertés fondamentales sont une des tâches essentielles de l’État et réaffirment que la reconnaissance de ces droits et libertés est le fondement de la liberté, de la justice et de la paix. (…)

(41) Les États participants réaffirment leur engagement à l’égard de la dimension humaine de la CSCE et soulignent son importance en tant que partie intégrante d’une approche équilibrée de la sécurité et de la coopération en Europe.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous déclarons que notre respect des droits de l’homme et des libertés fondamentales est irrévocable.

3 1.1 Nature et importance de la dimension humaine

Helsinki 1992 (Déclaration du sommet)

6. Nous nous félicitons de l’engagement pris par tous les États participants de partager nos valeurs communes. Le respect des droits de l’homme et des libertés fondamentales, y compris des droits des personnes appartenant à des minorités nationales, la démocratie, l’État de droit, la liberté éco- nomique, la justice sociale et la responsabilité en matière d’environnement constituent nos objec- tifs communs. Ils sont imprescriptibles. (...)

21. Notre approche se fonde sur notre conception globale de la sécurité telle qu’elle ressort de l’Acte final.

Cette conception établit une relation entre le maintien de la paix et le respect des droits de l’homme et des libertés fondamentales. Elle crée un lien entre, d’une part, la solidarité et la coopération dans les domaines de l’économie et de l’environnement et, d’autre part, les relations pacifiques entre les États. Nécessaire lorsque l’objectif était de réduire la confrontation, cette conception garde toute sa validité lorsqu’il s’agit de gérer le changement.

Décisions VI : La dimension humaine

Budapest 1994 (Déclaration du sommet)

14. Nous confirmons l’importance de la dimension humaine dans l’ensemble des activités de la CSCE. Le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de l’État de droit représente une composante essentielle dans la région de la CSCE en matière de sécurité et de coopération. Ceci doit rester un objectif primordial de l’action de la CSCE (...) Nous souli- gnons l’importance des contacts humains pour mettre fin aux divisions héritées du passé.

Budapest 1994 (Décisions : VIII. La dimension humaine)

2. Les droits de l’homme et les libertés fondamentales, l’État de droit et les institutions démocra- tiques sont les fondements de la paix et de la sécurité, et contribuent pour une large part à la pré- vention des conflits dans un concept global de la sécurité. La protection des droits de l’homme, y compris les droits des personnes appartenant à des minorités nationales, est un fondement essen- tiel des sociétés civiles démocratiques. Le non-respect de ces droits a, dans certains cas graves, favorisé l’extrémisme, l’instabilité régionale et les conflits.

4 1 1.1 Nature et importance de la dimension humaine

Istanbul 1999 (Charte de sécurité européenne : II. Nos fondements communs)

7. Nous réaffirmons notre attachement plein et entier à la Charte des Nations Unies, à l’Acte final de Helsinki, à la Charte de Paris et à tous les autres documents de l’OSCE auxquels nous avons souscrit. Ces documents représentent nos engagements communs et sont le fondement de notre travail. (…) Ils ont établi des normes précises en ce qui concerne le traitement que les États par- ticipants réservent les uns aux autres et à toutes les personnes sur leurs territoires. (...) Leur mise en œuvre de bonne foi est essentielle pour les relations entre les États, entre les gouvernements et leurs peuples ainsi qu’entre les organisations dont ces États sont membres. (...) Nous considé- rons ces engagements comme notre acquis commun (...) (…)

9. Nous développerons nos relations dans le respect du concept de sécurité commune et globale et dans un esprit de partenariat, de solidarité et de transparence. La sécurité de chaque État parti- cipant est indissociablement liée à celle de tous les autres. Nous traiterons les dimensions humaine, économique, politique et militaire de la sécurité comme un tout.

Porto 2002 (Déclaration ministérielle)

3. (...) face à la nature changeante des menaces qui pèsent sur notre sécurité, notre Organisation doit élaborer de nouvelles réponses qui couvrent et renforcent les trois dimensions de notre approche globale. Notre action visant à promouvoir la paix et la stabilité doit aller de pair avec notre déter- mination à assurer le plein respect des droits de l’homme, des libertés fondamentales et de l’état de droit, et à renforcer les conditions essentielles à un développement durable dans tous nos pays.

Maastricht 2003 (I. Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle ; Menaces pour la sécurité et la stabilité au XXIe siècle)

4. Le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de la primauté du droit est la pierre angulaire du concept de sécurité globale de l’OSCE. Des institutions démo- cratiques fortes et la primauté du droit jouent un rôle important dans la prévention de l’appari- tion de menaces. Une administration publique déficiente et l’incapacité des États à mettre en place des institutions démocratiques appropriées et opérationnelles qui soient en mesure de promouvoir la stabilité peuvent, en soi, constituer un terrain favorable pour toute une série de menaces. De même, les violations systématiques des droits de l’homme et des libertés fondamentales, notam- ment des droits des personnes appartenant à des minorités nationales, peuvent engendrer une vaste gamme de menaces potentielles. (…)

8. Dans ce contexte, il est clair que l’approche globale de la sécurité propre à l’OSCE, qui englobe les dimensions politico-militaire, économico-environnementale et humaine, reste entièrement valable et qu’il conviendrait de la conserver et de la renforcer encore davantage.

9. (...) Le non-respect du droit international et des normes et principes de l’OSCE de même que divers facteurs liés aux dimensions politico-militaire, économique et environnementale et humaine sous-tendent les causes immédiates de conflits violents.

5 1.1 Nature et importance de la dimension humaine

Astana 2010

1. Nous, chefs d’État ou de gouvernement des 56 États participants de l’OSCE, nous sommes réunis à Astana, 11 ans après le dernier Sommet de l’OSCE à Istanbul, de nous pour renouveler notre enga- gement en faveur de la vision d’une communauté de sécurité euro-atlantique et eurasienne libre, démocratique, unie et indivisible, de Vancouver à Vladivostok, fondée sur des principes fixés d’un communs accord, des engagements partagés et des objectifs communs. Alors que nous célébrons le trente-cinquième anniversaire de l’Acte final d’Helsinki et le vingtième anniversaire de la Charte de Paris pour une nouvelle Europe, nous réaffirmons la validité des principes sur lesquels repose cette Organisation et notre attachement à ces principes. Bien que nous ayons accompli d’impor- tants progrès, nous reconnaissons aussi qu’il faut faire davantage pour assurer pleinement le res- pect et la mise en œuvre des principes et engagements essentiels que nous avons adoptés en ce qui concerne les dimensions politico-militaire, économico-environnementale et humaine, notamment dans les domaines des droits de l’homme et des libertés fondamentales.

2. Nous réaffirmons notre pleine adhésion à la Charte des Nations Unies et à l’ensemble des normes, principes et engagements de l’OSCE, depuis l’Acte final de Helsinki, la Charte de Paris, la Charte de sécurité européenne et tous les autres documents de l’OSCE auxquels nous avons souscrits, ainsi que notre responsabilité de les mettre en œuvre pleinement et de bonne foi. Nous procla- mons à nouveau notre attachement au concept, énoncé pour la première fois dans l’Acte final, de sécurité globale, coopérative, égale et indivisible qui associe le maintien de la paix au respect des droits de l’homme et des libertés fondamentales et établit un lien entre la coopération écono- mique et environnementale et les relations pacifiques entre les États. (…)

4. Ces normes, principes et engagements nous ont permis de réaliser des progrès en éloignant de nous les anciennes confrontations et en nous rapprochant de la démocratie, de la paix et de l’unité dans l’ensemble de l’espace de l’OSCE. Ils doivent continuer à nous guider au XXIe siècle dans notre action collective visant à faire en sorte que la vision ambitieuse de Helsinki et de Paris devienne une réalité pour tous nos peuples. Avec tous les autres documents de l’OSCE, ils fixent des normes claires indiquant aux États participants comment ils doivent agir les uns envers les autres ainsi qu’à l’égard de toutes les personnes se trouvant sur leur territoire. (…)

6. L’approche globale et coopérative de l’OSCE en matière de sécurité, dans le cadre de laquelle les dimensions humaine, économico-environnementale et politico-militaire de la sécurité sont trai- tées comme un tout, reste indispensable. Convaincus que la dignité intrinsèque de l’individu est au cœur d’une sécurité globale, nous réaffirmons que les droits de l’homme et les libertés fonda- mentales sont inaliénables et que leur protection et leur promotion constituent notre responsa- bilité première. (…)

6 1 1.2 Dimension humaine : une question d’intérêt international direct et légitime

1.2 Dimension humaine : une question d’intérêt international direct et légitime

Moscou 1991 (Préambule)

Les États participants soulignent que les questions relatives aux droits de l’homme, aux libertés fondamentales, à la démocratie et à l’État de droit sont un sujet de préoccupation internationale car le respect de ces droits et libertés constitue l’un des fondements de l’ordre international. Ils déclarent catégoriquement et irrévocablement que les engagements contractés dans le domaine de la dimension humaine de la CSCE sont un sujet de préoccupation directe et légitime pour tous les États participants et qu’ils ne relèvent pas exclusivement des affaires intérieures de l’État en cause.

Lisbonne 1996 (Déclaration de Lisbonne sur un modèle de sécurité commun et global pour l’Europe du XXIe siècle)

5. Nous reconnaissons que, dans le cadre de l’OSCE, les États sont redevables envers leurs citoyens et responsables les uns envers les autres de l’application de leurs engagements.

Istanbul 1999 (Charte de sécurité européenne : II. Nos fondements communs)

7. (...) Tous les engagements pris au titre de l’OSCE, sans exception, s’appliquent de façon égale à chaque État participant. (…) Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un intérêt immédiat et légitime pour tous les États participants.

Astana 2010

3. Nous réaffirmons en outre que tous les principes et engagements de l’OSCE, sans exception, s’appliquent également à chaque État participant (...). Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un intérêt immédiat et légitime pour tous les États participants.

6. (...). Nous réaffirmons catégoriquement et irrévocablement que les engagements contractés dans le domaine de la dimension humaine sont un sujet de préoccupation directe et légitime pour tous les États participants et ne relèvent pas exclusivement des affaires intérieures de l’État concerné. (...)

7 2. Mise en œuvre des engagements 2.1 Obligation de mise en œuvre

2.1 Obligation de mise en œuvre

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes 2 régissant les relations mutuelles des États participants ; Principes VII-X)

[Les États participants] (…) respectent constamment ces droits et libertés dans leurs relations mutuelles et s’efforcent conjointement et séparément, y compris en coopération avec les Nations Unies, d’en promouvoir le respect universel et effectif. (…)

Dans l’exercice de leurs droits souverains, dont le droit de déterminer leurs lois et règlements, ils se conforment à leurs obligations juridiques en droit international ; en outre, ils tiennent dûment compte des dispositions de l’Acte final de la Conférence sur la sécurité et la coopération en Europe et les appliquent. (…)

Ces dix principes sont dotés d’une importance primordiale et, en conséquence, ils s’appliquent également et sans réserve, chacun d’entre eux Tous les principes énoncés ci-dessus sont dotés d’une importance primordiale et en conséquence ils s’appliquent également et sans réserve, cha- cun d’entre eux s’interprétant en tenant compte des autres.

Les États participants expriment leur détermination de respecter et d’appliquer pleinement ces principes, tels qu’ils sont énoncés dans la présente Déclaration, sous tous leurs aspects, dans leurs rapports mutuels et dans leur coopération, afin d’assurer à chaque État participant les avantages résultant du respect et de l’application de ces principes par tous.

Madrid 1983 (Questions relatives à la sécurité en Europe : Préambule)

Les États participants déclarent qu’ils sont résolus à (...)

Agir constamment en conformité avec les dispositions qu’énonce l’Acte final et, en particulier, respecter strictement et sans réserves, et mettre en pratique tous les dix principes que contient la Déclaration sur les principes régissant les relations mutuelles des États participants, indépen- damment de leur système politique, économique ou social, ainsi que de leur dimension, de leur situation géographique ou de leur niveau de développement économique (...)

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Les États participants soulignent leur détermination à favoriser et à encourager l’exercice effec- tif des droits de l’homme et des libertés fondamentales qui découlent tous de la dignité inhérente à la personne humaine et qui sont essentiels à son épanouissement libre et intégral, et à assurer des progrès constants et concrets conformément à l’Acte final, visant à la poursuite d’un dévelop- pement constant dans ce domaine, dans tous les États participants, indépendamment de leur sys- tème politique, économique et social.

9 2.1 Obligation de mise en œuvre

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous déclarons que notre respect des droits de l’homme et des libertés fondamentales est irrévo- cable. Nous appliquerons pleinement et développerons les dispositions de la CSCE relatives à la dimension humaine.

Moscou 1991 (Préambule)

[Les États participants] déclarent résolus à remplir tous leurs engagements relatifs à la dimension humaine et à résoudre par des moyens pacifiques toute question connexe, individuellement et col- lectivement, sur la base du respect mutuel et de la coopération.

Helsinki 1992 (Déclaration du sommet)

6. L’acceptation de ces engagements constitue le fondement de la participation à la CSCE et de la coopération dans ce cadre ; elle conditionne le progrès de nos sociétés.

Istanbul 1999 (Charte de sécurité européenne : II. Nos fondements communs)

7. Nous réaffirmons notre attachement plein et entier à la Charte des Nations Unies, à l’Acte final de Helsinki, à la Charte de Paris et à tous les autres documents de l’OSCE auxquels nous avons souscrit. Ces documents représentent nos engagements communs et sont le fondement de notre tra- vail. (...) Tous les engagements pris au titre de l’OSCE, sans exception, s’appliquent de façon égale à chaque État participant. Leur mise en œuvre de bonne foi est essentielle pour les relations entre les États, entre les gouvernements et leurs peuples ainsi qu’entre les organisations dont ces États sont membres. Les États participants doivent rendre compte à leurs citoyens et sont responsables les uns envers les autres de l’exécution des engagements qu’ils ont pris au titre de l’OSCE. Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un inté- rêt immédiat et légitime pour tous les États participants.

Bruxelles 2006 (Décision N° 19/06 sur le renforcement de l’efficacité de l’OSCE)

Le Conseil ministériel (...),

3. Rappelle aux États participants que leur législation et leurs pratiques doivent rester conformes aux engagements de l’OSCE ;

4. Prend note de l’évaluation de l’état actuel de la mise en œuvre des engagements existants des États participants et souligne, en particulier, que les États participants eux-mêmes sont respon- sables de la mise en œuvre efficace de leurs engagements au titre de l’OSCE. A cet égard, le BIDDH, joue un rôle important dans le soutien qu’il leur apporte ; (...)

Astana 2010

1. Alors que nous célébrons le trente-cinquième anniversaire de l’Acte final d’Helsinki et le ving- tième anniversaire de la Charte de Paris pour une nouvelle Europe, nous réaffirmons la validité des principes sur lesquels repose cette Organisation et notre attachement à ces principes. Bien que nous ayons accompli d’importants progrès, nous reconnaissons aussi qu’il faut faire davantage pour assurer pleinement le respect et la mise en œuvre des principes et engagements essentiels que nous

10 2.2 Méthodes de mise en œuvre

avons adoptés en ce qui concerne les dimensions politico-militaire, économico-environnementale et humaine, notamment dans les domaines des droits de l’homme et des libertés fondamentales. 2 2. Nous réaffirmons notre pleine adhésion à la Charte des Nations Unies et à l’ensemble des normes, principes et engagements de l’OSCE, depuis l’Acte final de Helsinki, la Charte de Paris, la Charte de sécurité européenne et tous les autres documents de l’OSCE auxquels nous avons souscrits, ainsi que notre responsabilité de les mettre en œuvre pleinement et de bonne foi. (…)

3. (...). Nous réaffirmons en outre que tous les principes et engagements de l’OSCE, sans exception, s’appliquent également à chaque État participant, et nous soulignons que nous sommes comptables envers nos citoyens et responsables les uns envers les autres de leur pleine mise en œuvre. Nous considérons ces engagements comme notre acquis commun et estimons donc qu’ils sont d’un inté- rêt immédiat et légitime pour tous les États participants.

6. (...) Convaincus que la dignité intrinsèque de l’individu est au cœur d’une sécurité globale, nous réaffirmons que les droits de l’homme et les libertés fondamentales sont inaliénables et que leur protection et leur promotion constituent notre responsabilité première.

2.2 Méthodes de mise en œuvre

2.2.1 Dispositions générales, y compris l’enseignement des droits de l’homme

Helsinki 1975 (Suites de la Conférence)

Les États participants, (...)

1. Déclarent leur résolution, dans la période suivant la Conférence, de tenir dûment compte des dispositions de l’Acte final de la Conférence et de les appliquer : (a) unilatéralement, dans tous les cas qui se prêtent à une telle action ; (b) bilatéralement, par voie de négociations avec d’autres États participants ; (c) multilatéralement, par des réunions d’experts des États participants, ainsi que dans le cadre des organisations internationales existantes, telles que la Commission économique pour l’Europe des Nations Unies et l’UNESCO, en ce qui concerne la coopération dans les domaines de l’éduca- tion, de la science et de la culture ;

11 2.2.1 Dispositions générales, y compris l’enseignement des droits de l’homme

2. Déclarent en outre leur résolution de poursuivre le processus multilatéral amorcé par la Confé- rence : (a) en procédant à un échange de vues approfondi portant à la fois sur la mise en œuvre des dis- positions de l’Acte final et l’exécution des tâches définies par la Conférence (...) (…)

Le texte du présent Acte Final sera publié dans chaque État participant, qui le diffusera et le fera connaître le plus largement possible.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Ils réaffirment leur détermination de respecter et d’appliquer pleinement ces principes et, par conséquent, de leur conférer par tous les moyens, tant juridiques que pratiques, une plus grande efficacité. Ils estiment que l’un de ces moyens pourrait consister à donner une expression législa- tive – dans des formes répondant aux usages et procédures propres à chaque pays – aux dix prin- cipes énoncés dans l’Acte final. (…)

Ils confirment l’importance particulière que revêtent la Déclaration universelle des droits de l’homme, les pactes internationaux relatifs aux droits de l’homme et les autres instruments internationaux pertinents reflétant les efforts qu’ils font, séparément et conjointement, pour sti- muler et développer le respect universel des droits de l’homme et des libertés fondamentales : ils appellent tous les États participants à agir conformément à ces instruments internationaux et ceux d’entre eux qui ne l’ont pas encore fait à envisager d’adhérer à ces pactes.

Copenhague 1990

Moscou 1991

(42) Les États participants (42.1) – affirment que l’enseignement des droits de l’homme est fondamental et qu’il est par consé- quent indispensable que leurs citoyens reçoivent un enseignement au sujet des droits de l’homme et des libertés fondamentales ainsi que de l’engagement pris par les États participants dans leur législation interne et dans les instruments internationaux auxquels ils peuvent être parties de res- pecter ces droits et libertés ;

12 2.2.1 Dispositions générales, y compris l’enseignement des droits de l’homme

(42.2) – reconnaissent qu’un enseignement efficace des droits de l’homme contribue à la lutte contre l’intolérance, les préjugés et la haine fondés sur la religion, la race ou l’ethnie, y compris envers les Roms, la xénophobie et l’antisémitisme ; 2 (42.3) – encourageront leurs autorités compétentes responsables des programmes d’enseignement à élaborer des programmes et des cours relatifs aux droits de l’homme à l’intention des étudiants à tous les niveaux, particulièrement aux étudiants en droit, en sciences administratives et en sciences sociales, ainsi qu’aux élèves des écoles d’administration, des écoles de police et des écoles militaires ; (42.4) – mettront à la disposition de leur personnel enseignant toutes les informations sur les dis- positions relatives à la dimension humaine de la CSCE ; (42.5) – encourageront les organisations et les établissements d’enseignement à coopérer à l’éla- boration et à l’échange, tant au niveau national qu’international, de programmes consacrés aux droits de l’homme ; (42.6) – s’efforceront de veiller à ce que les activités entreprises en vue de promouvoir l’éducation en matière de droits de l’homme, considérée au sens le plus large, s’appuient sur l’expérience, les programmes et les modalités de coopération dans les organisations internationales intergouver- nementales et non gouvernementales existantes, notamment l’Organisation des Nations Unies et le Conseil de l’Europe.

Ljubljana 2005 (Décision N° 11/05 sur la promotion de l’éducation et de la formation aux droits de l’homme dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Reconnaissant que la promotion des droits de l’homme par l’éducation et la formation dans tout l’espace de l’OSCE pourrait être envisagée dans le contexte du concept global de sécurité de l’OSCE, et qu’elle est vitale pour renforcer le respect des droits de l’homme et des libertés fondamentales, ainsi que pour promouvoir la tolérance et la non-discrimination,

Conscient de la valeur ajoutée d’une coopération multidimensionnelle, incluant la consultation, la coopération et la coordination avec les organisations internationales et régionales pertinentes, ainsi que des avantages que les pays peuvent tirer de leurs expériences et s’apporter mutuellement dans le domaine de l’éducation et de la formation aux droits de l’homme,

Considérant les efforts déployés par d’autres organisations internationales, notamment le Pro- gramme mondial des Nations Unies pour l’éducation dans le domaine des droits de l’homme, le Programme du Conseil de l’Europe concernant l’Éducation à la citoyenneté démocratique (ECD) et son Programme à l’intention des jeunes « Tous différents – tous égaux », et l’Initiative européenne pour la démocratie et les droits de l’homme (IEDDH) de l’Union européenne, ainsi que les pro- grammes mis en place au niveau national,

Reconnaissant la contribution du BIDDH et des autres structures, institutions et opérations de ter- rain de l’OSCE dans la promotion de l’éducation et de la formation aux droits de l’homme, en coo- pération avec les États participants,

Soucieux de renforcer davantage l’action menée par l’OSCE pour promouvoir les programmes d’éducation et de formation aux droits de l’homme dans l’espace de l’OSCE, ainsi que d’offrir le soutien de l’Organisation aux États participants, sur leur demande, lors de l’exécution de leurs programmes nationaux respectifs dans le domaine de l’éducation aux droits de l’homme,

13 2.2.2 Résumé de la mise en œuvre

Invite les États participants, avec le concours de la société civile, à renforcer encore les programmes d’éducation et de formation systématiques aux droits de l’homme conçus pour promouvoir le res- pect de la dignité inhérente à la personne humaine, et de faire des droits de l’homme une réalité pour tous dans toute communauté et dans la société de façon générale ;

Décide de renforcer l’action menée par l’OSCE en coopération avec d’autres organisations interna- tionales et non gouvernementales compétentes en prenant les mesures nécessaires pour promou- voir l’éducation et la formation aux droits de l’homme, en s’attachant tout particulièrement aux jeunes dans l’espace de l’OSCE ; (…)

2.2.2 Résumé de la mise en œuvre

Helsinki 1992 (Décisions : I. Renforcement des institutions et des structures de la CSCE)

(26) L’examen approfondi de la mise en œuvre des engagements de la CSCE continuera à jouer un rôle fondamental dans les activités de la CSCE, favorisant ainsi la coopération entre les États participants.

(27) Des examens de la mise en œuvre se tiendront régulièrement lors des conférences d’examen aussi bien que des réunions spéciales convoquées à cette fin au BIDDH et au CPC (...) comme le pré- voient les documents pertinents de la CSCE.

(28) Ces examens, entrepris dans un esprit de coopération, porteront sur tous les aspects de la mise en œuvre, tout en permettant de traiter des questions précises.

(29) Les États participants seront invités à présenter des contributions sur leur expérience de la mise en œuvre, en mentionnant particulièrement les difficultés rencontrées, et à exposer leurs vues sur la mise en œuvre dans toute la zone de la CSCE. Les États participants sont encouragés à diffuser des résumés de leurs contributions avant la réunion.

(30) Ces examens devraient fournir l’occasion de déterminer les décisions qui pourraient être nécessaires pour traiter des problèmes. Les réunions au cours desquelles a lieu un examen de la mise en œuvre pourront attirer l’attention du CHF sur toute mesure jugée souhaitable pour amé- liorer la mise en œuvre.

Budapest 1994 (Déclaration du sommet)

14. (…) L’examen périodique de la mise en œuvre de nos engagements, qui revêt une importance fondamentale dans toute la CSCE, joue un rôle capital dans la dimension humaine.

Budapest 1994 (Décisions : VIII. La dimension humaine

14 2.2.2 Résumé de la mise en œuvre

6. Les États participants encouragent le Président en exercice à informer le Conseil permanent de cas graves de non-application présumée des engagements au titre de la dimension humaine, notamment sur la base des informations fournies par le BIDDH, des rapports et des recomman- 2 dations du Haut-Commissaire pour les minorités nationales (HCMN) ou des rapports du chef de telle ou telle mission de la CSCE, ainsi que des informations communiquées par l’État concerné.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

14. (...) Nous confirmons, chacun d’entre nous, que nous sommes prêts à honorer pleinement nos engagements. Nous avons également pour responsabilité commune de faire respecter les prin- cipes de l’OSCE. (...) Nous coopérerons, dans un esprit de solidarité et de partenariat, à un exa- men continu de la mise en œuvre.

Bruxelles 2006 (Décision N° 17/06 sur l’amélioration du processus consultatif)

Le Conseil ministériel (...),

Décide d’établir les comités ci-après en tant qu’organes informels subsidiaires du Conseil permanent : (…)

Un comité sur la dimension humaine, qui s’acquittera des tâches suivantes :

Débattre de questions liées à la dimension humaine, notamment de la mise en œuvre des engage- ments des États participants ;

Appuyer les préparatifs des réunions sur la mise en œuvre des engagements concernant la dimen- sion humaine et d’autres réunions sur la dimension humaine ;

Étudier, à la demande de la Présidence en consultation avec les États participants, des questions transdimensionnelles ayant un rapport particulier avec la dimension humaine ;

Débattre des recommandations au Conseil permanent sur le programme de travail, y compris des mesures pour donner suite aux recommandations formulées lors des réunions sur la dimen- sion humaine ;

Décide, en outre, que :

Au début de chaque année, la Présidence, en consultation avec les États participants, précisera davantage les tâches des comités susmentionnés et établira un programme de travail tenant compte des objectifs et des priorités de l’Organisation en prenant également en considération la nécessité d’assurer une couverture adéquate des questions transdimensionnelles à l’examen. (…)

Les comités susmentionnés se réuniront dans un cadre informel et feront rapport au Conseil per- manent, lui fourniront des avis, formuleront des recommandations et élaboreront les décisions appropriées à son intention par l’intermédiaire du Comité préparatoire. Les dispositions perti- nentes des règles de procédure de l’OSCE, en particulier le chapitre V(A), s’appliqueront aux tra- vaux des comités. (…)

15 2.2.3 Observation

En règle générale, chaque comité se réunira au moins une fois par mois. A l’initiative de la Prési- dence, ou du/de la Président(e) du comité, ou à la demande d’un ou de plusieurs États participants, chaque comité peut se réunir aussi fréquemment que nécessaire, en fonction du besoin de mener des consultations ou de la nécessité de préparer la prise de décisions par le Conseil permanent. La Présidence et les président(e)s des comités éviteront de convoquer simultanément des réunions d’organes informels subsidiaires.

Les comités examineront des questions qui relèvent de leur compétence à la demande de la Prési- dence, du Conseil permanent ou d’un ou de plusieurs États participants.

Les paragraphes 6 à 9 du chapitre V(A) des règles de procédure de l’OSCE s’appliqueront en ce qui concerne la participation aux réunions des trois comités nouvellement établis de la même manière qu’ils s’appliquent à la participation aux réunions du Comité préparatoire.

Le Secrétariat de l’OSCE prêtera son soutien aux activités des comités.

La présente décision sera applicable pour une durée d’un an à compter du 1er janvier 2007. Elle sera examinée par le Conseil permanent à la fin de 2007 en vue de décider de sa prorogation éven- tuelle en tenant compte de l’expérience acquise avec la nouvelle structure.

Bruxelles 2006 (Décision N° 19/06 sur le renforcement de l’efficacité de l’OSCE)

Le Conseil ministériel (...),

2. Considère que le BIDDH, dans le cadre de la mise en œuvre de son mandat, a démontré son apti- tude à assister les États participants dans l’exécution de leurs engagements au titre de la dimen- sion humaine ;

3. Rappelle aux États participants que leur législation et leurs pratiques doivent rester conformes aux engagements de l’OSCE ;

5. Charge le Conseil permanent, en tenant compte des recommandations du BIDDH et des autres institutions pertinentes de l’OSCE, d’examiner les défis que pose la mise en œuvre dans les domaines exposés dans le rapport, en envisageant de mieux tirer parti de l’assistance du BIDDH ; (…)

2.2.3 Observation

Copenhague 1990

(8) Les États participants estiment que la présence d’observateurs, étrangers et nationaux, est de nature à améliorer le déroulement des élections dans les États où elles ont lieu. En conséquence, ils invitent des observateurs de tout autre État participant à la CSCE, ainsi que de toute institution et organisation privée compétente qui le souhaiterait, à suivre le déroulement des opérations de leurs élections nationales, dans la mesure prévue par la loi. Ils s’appliqueront également à faciliter un

16 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

accès analogue pour les élections organisées à un niveau inférieur au niveau national. Ces obser- vateurs s’engageront à ne pas s’immiscer dans les opérations électorales. (…) 2 (12) Les États participants, désireux d’assurer une meilleure transparence dans la mise en œuvre des engagements souscrits au titre de la dimension humaine de la CSCE dans le Document de clô- ture de Vienne, décident d’admettre, à titre de mesure de confiance, la présence d’observateurs envoyés par des États participants et de représentants d’organisations non gouvernementales ainsi que d’autres personnes intéressées lors de procédures engagées devant des tribunaux, comme prévu par la législation nationale et le droit international ; il est entendu que le huis clos ne peut être pro- noncé que dans les circonstances prévues par la loi et conformément aux obligations découlant du droit international et aux engagements internationaux.

2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

14. (...) Nous confirmons, chacun d’entre nous, que nous sommes prêts à honorer pleinement nos engagements. Nous avons également pour responsabilité commune de faire respecter les principes de l’OSCE. Nous (...) sommes prêts à recourir aux instruments, outils et mécanismes de l’OSCE. Nous coopérerons, dans un esprit de solidarité et de partenariat, à un examen continu de la mise en œuvre.

A. Mécanisme de Vienne

Vienne 1989 (La dimension humaine de l’OSCE)

Les États participants,

Rappelant les engagements qu’ils ont contractés dans l’Acte final et dans d’autres documents de la CSCE en ce qui concerne le respect de tous les droits de l’homme et de toutes les libertés fonda- mentales, les contacts entre les personnes et d’autres questions d’ordre humanitaire connexes,

Reconnaissant la nécessité d’améliorer la mise en œuvre de leurs engagements au titre de la CSCE et leur coopération dans ces domaines, désignés ci-après par l’expression « dimension humaine » de la CSCE,

Ont décidé, sur la base des principes et des dispositions de l’Acte final et des autres documents pertinents de la CSCE,

1. d’échanger des informations et de répondre aux demandes d’informations et aux représenta- tions qui leur sont faites par d’autres États participants sur des questions relatives à la dimension humaine de la CSCE. Ces communications peuvent être transmises par la voie diplomatique ou être adressées à tout service désigné à ces fins ;

2. de tenir des réunions bilatérales avec d’autres États participants qui le demandent, afin d’exa- miner des questions relatives à la dimension humaine de la CSCE, y compris des situations et des cas spécifiques, en vue de les résoudre. La date et le lieu de ces réunions seront fixés d’un commun accord par la voie diplomatique ;

17 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

3. que tout État participant qui le juge nécessaire peut porter des situations et des cas relevant de la dimension humaine de la CSCE, y compris ceux qui ont été soulevés aux réunions bilatérales visées au paragraphe 2, à l’attention d’autres États participants par la voie diplomatique ;

4. que tout État participant qui le juge nécessaire peut communiquer des données sur les échanges d’informations et sur les réponses à ses demandes d’informations et aux représentations qu’il a faites (paragraphe 1), ainsi que sur les résultats des réunions bilatérales (paragraphe 2), y com- pris des données sur des situations et des cas spécifiques, lors des réunions de suivi organisées dans le cadre de la CSCE et consacrées à la dimension humaine, et lors des réunions principales tenues dans le cadre des Suites de la CSCE. (…)

Copenhague 1990

(42) Les États participants reconnaissent la nécessité d’améliorer davantage l’efficacité des procé- dures décrites aux paragraphes 1 à 4 du chapitre relatif à la dimension humaine de la CSCE du Document de clôture de Vienne et, dans cette perspective, décident (42.1) – de répondre par écrit, le plus rapidement possible et au plus tard dans un délai de quatre semaines, aux demandes d’informations et aux représentations qui leur sont faites par écrit par d’autres États participants en vertu du paragraphe 1 ; (42.2) – que les réunions bilatérales, telles que mentionnées au paragraphe 2, auront lieu dès que possible, en règle générale dans les trois semaines qui suivront la demande ; (42.3) – de s’abstenir, lors d’une réunion bilatérale tenue conformément au paragraphe 2, d’évo- quer des situations et des cas qui ne sont pas en rapport avec le sujet de la réunion, à moins que les deux parties n’aient donné leur accord.

B. Mécanisme de Moscou

Moscou 1991 (Préambule et Section I – modifiée par Rome 1993)

Afin de renforcer et d’élargir le mécanisme de la dimension humaine décrit dans la section du Document de clôture de Vienne consacrée à la dimension humaine et de compléter et d’appro- fondir les engagements inscrits dans le Document de la Réunion de Copenhague, les États parti- cipants adoptent les dispositions suivantes : (…)

(1) Les États participants soulignent que le mécanisme de la dimension humaine exposé aux para- graphes 1 à 4 de la section du Document de clôture de Vienne consacrée à la dimension humaine de la CSCE constitue une réalisation essentielle du processus de la CSCE, qui a fait ses preuves comme méthode permettant de renforcer le respect des droits de l’homme, des libertés fondamen- tales, de la démocratie et de l’État de droit par le dialogue et la coopération et d’aider à résoudre des questions particulières dans ce domaine. Afin d’améliorer encore l’application des engagements de la CSCE relatifs à la dimension humaine, ils décident de renforcer l’efficacité de ce mécanisme en le consolidant et en le développant de la façon indiquée aux paragraphes suivants.

(2) Les États participants décident de modifier les alinéas 42.1 e 42.2 du Document de la Réunion de Copenhague de telle sorte qu’ils adresseront dans le plus court délai possible, au maximum dans les dix jours, une réponse écrite aux demandes d’information et aux représentations qui leur auront

18 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

été adressées par écrit par d’autres États participants en application du paragraphe 1 de la section consacrée au mécanisme de la dimension humaine. Comme le prévoit le paragraphe 2 de cette section, des réunions bilatérales se tiendront dès que possible et, en règle générale, dans un délai 2 d’une semaine à compter de la date de la demande.

(3) Une liste sur laquelle chaque État participant fait inscrire jusqu’à six experts sera constituée sans délai auprès de l’Institution de la CSCE*. Ces experts seront des personnalités éminentes, y compris si possible des spécialistes expérimentés des questions relatives aux minorités nationales, ayant de préférence une expérience dans le domaine de la dimension humaine, et présentant toutes les garanties d’impartialité dans l’exercice de leurs fonctions.

Les experts seront nommés, à la discrétion de l’État qui les désigne, pour une période de trois à six ans, aucun d’eux ne pouvant exercer consécutivement plus de deux mandats. Dans les quatre semaines suivant la notification par l’Institution de la CSCE de la désignation, tout État participant ne peut émettre des réserves qu’à l’encontre de deux experts au maximum par État participant. Dans ce cas, l’État ayant désigné ce ou ces experts dispose de quatre semaines à partir de la date à laquelle de telles réserves lui auront été notifiées pour réexaminer sa décision et désigner un ou d’autres experts ; s’il confirme son choix initial, le ou les experts visés ne peuvent participer à aucune procédure concernant l’État ayant émis une réserve sans que ce dernier n’y consente expressément.

La liste pourra être utilisée dès qu’elle comptera 45 experts.

(4) Un État participant peut demander l’assistance d’une mission de la CSCE constituée d’un nombre d’experts pouvant aller jusqu’à trois pour examiner ou contribuer à résoudre sur son territoire des questions relatives à la dimension humaine de la CSCE. Dans ce cas, l’État choisira cette per- sonne ou ces personnes à partir de la liste. La mission d’experts ne comptera pas de ressortissant ou résident de l’État participant, ni aucune personne que cet État aura fait inscrire sur la liste, ni plus d’un ressortissant ou résident d’un État donné.

L’État invitant fera savoir sans délai à l’Institution de la CSCE qu’une mission d’experts a été consti- tuée et l’Institution de la CSCE en adressera à son tour notification à tous les États participants. Les institutions de la CSCE apporteront également, si besoin est, à une telle mission le soutien approprié.

(5) Le but d’une mission d’experts est d’aider à résoudre une question ou un problème particulier relevant de la dimension humaine de la CSCE. Une telle mission pourra recueillir l’information nécessaire à l’accomplissement de sa tâche et, s’il y a lieu, exercer ses bons offices et sa médiation dans le but de favoriser le dialogue et la coopération entre les parties. L’État concerné conviendra avec la mission du mandat exact de celle-ci et pourra, ce faisant, lui confier d’autres tâches, consis- tant notamment à mener des enquêtes ou fournir des services consultatifs, de manière à proposer des moyens permettant de faciliter le respect des engagements souscrits dans le cadre de la CSCE.

L’État invitant coopérera pleinement avec la mission d’experts et lui facilitera la tâche. Il lui accor- dera tous les moyens nécessaires pour qu’elle puisse exercer ses fonctions de manière indépen- dante. Il lui permettra notamment, pour pouvoir accomplir sa tâche, d’entrer sur son territoire sans délai, d’y avoir des entretiens et de s’y déplacer librement, de rencontrer librement des repré- sentants officiels, des organisations non gouvernementales, ainsi que tout individu ou groupe des- quels elle souhaitera obtenir des informations. La mission pourra également obtenir de manière confidentielle de la part de tout individu, groupe ou organisation des informations sur des ques- tions dont elle est saisie. Ses membres veilleront au respect de la confidentialité de leurs travaux.

* Le Conseil décidera quelle sera cette institution.

19 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

Les États participants ne prendront aucune mesure à l’encontre de personnes, d’organisations ou d’institutions pour avoir eu des contacts avec la mission d’experts ou lui avoir communiqué des informations relevant du domaine public. L’État invitant fera droit à toute demande présentée par une mission d’experts en vue d’être accompagnée par des représentants officiels de cet État si cette mission estime qu’ainsi sa tâche serait facilitée ou sa sécurité garantie.

(6) La mission d’experts communiquera ses observations à l’État invitant dans les meilleurs délais, si possible dans les trois semaines qui suivent sa constitution. L’État invitant communiquera aux autres États participants, par le canal de l’Institution de la CSCE, dans les deux semaines suivant la date à laquelle elles lui auront été soumises, les observations de la mission ainsi que l’exposé de toute mesure qu’elle aura prise ou entendra prendre en conséquence.

Ces observations et les commentaires formulés éventuellement par l’État invitant pourront être discutés par le Comité des hauts fonctionnaires, qui pourra étudier toute suite éventuelle à don- ner. Ces observations et ces commentaires resteront confidentiels tant qu’ils n’auront pas été por- tés à l’attention de ce Comité. Tant que ces observations et commentaires n’auront pas été diffusés, aucune autre mission d’experts ne pourra être constituée à propos de la même question.

(7) En outre, un ou plusieurs États participants ayant appliqué les dispositions du paragraphe 1 ou du paragraphe 2 du mécanisme de la dimension humaine peuvent prier l’Institution de la CSCE de demander à un autre État participant si ce dernier accepterait d’inviter une mission d’experts chargée d’étudier sur son territoire une question particulière, expressément définie, ayant trait à la dimension humaine de la CSCE. Si l’autre État participant accepte d’inviter une mission d’experts à cette fin, la procédure définie aux paragraphes 4 à 7 est alors applicable.

(8) Si un État participant (a) a adressé une requête aux termes du paragraphe 8 à un autre État participant et que cet État n’a pas constitué une mission d’experts dans un délai de dix jours après que la demande lui a été faite, ou (b) estime que la mission d’experts n’a pas permis de résoudre la question, il peut, avec le soutien d’au moins cinq autre États participants, demander la consti- tution d’une mission de rapporteurs de la CSCE, dont le nombre peut s’élever à trois. Cette déci- sion est alors communiquée à l’Institution de la CSCE, qui la notifiera sans délai à l’État concerné ainsi qu’aux autres États participants.

(9) Le ou les États requérants peuvent choisir sur la liste un rapporteur de la CSCE. L’État requis peut, s’il le désire, désigner un autre rapporteur sur la liste dans les six jours suivant la notification par l’Institution de la CSCE de la désignation du rapporteur. Dans ce cas, les deux rapporteurs désignés, qui ne peuvent être ressortissants ni résidents de l’un des États concernés, ni avoir été inscrits sur la liste par un de ces États, désignent d’un commun accord et sans retard un troisième rapporteur sur la liste. Dans le cas où ils ne parviennent pas à un accord dans un délai de huit jours, un troisième rapporteur, qui ne peut être ni ressortissant ni résident de l’un des États concernés, ni être une personne inscrite sur la liste par un de ces États, sera choisi sur la liste par le membre du rang le plus élevé de l’organe de la CSCE désigné par le Conseil. Les dispositions de la deu- xième partie du paragraphe 4 et de la totalité du paragraphe 6 s’appliquent également à une mis- sion de rapporteurs.

(10) Le ou les rapporteurs de la CSCE établiront les faits, feront rapport à ce sujet et pourront formu- ler un avis sur les solutions possibles à la question soulevée. Le rapport, qui contient une constata- tion des faits, des propositions ou des avis, sera soumis à l’État ou aux États participants concernés et, à moins que tous les États concernés n’en conviennent autrement, à l’Institution de la CSCE, dans les deux semaines qui suivent la désignation du dernier rapporteur. L’État requis soumettra

20 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

à l’Institution de la CSCE toutes observations concernant le rapport dans les deux semaines sui- vant la soumission de ce rapport à moins que tous les États concernés n’en conviennent autrement. 2 L’Institution de la CSCE transmettra sans délai le rapport ainsi que toutes observations formulées par l’État requis ou par tout autre État participant à tous les États participants. Le rapport sera inscrit à l’ordre du jour de la réunion ordinaire suivante du Comité des hauts fonctionnaires ou du Comité permanent de la CSCE, lequel pourra décider de la suite éventuelle à donner. Le rap- port restera confidentiel jusqu’au terme de cette réunion du Comité. Tant que ce rapport n’aura pas été distribué, aucun autre rapporteur ne pourra être désigné à propos de la même question.

(11) Si un État participant estime qu’il existe, dans un autre État participant, un risque particuliè- rement grave que les dispositions de la CSCE concernant la dimension humaine ne soient pas res- pectées, il peut, avec l’appui d’au moins neuf autres États participants, engager la procédure énoncée au paragraphe 10. Les dispositions du paragraphe 11 sont alors applicables.

(12) Le Comité des hauts fonctionnaires ou le Comité permanent de la CSCE peut, à la demande de tout État participant, décider de constituer une mission d’experts ou de rapporteurs de la CSCE.

Dans ce cas, il décide également s’il y a lieu d’appliquer les dispositions pertinentes des para- graphes précédents.

(13) Le ou les États participants qui auront demandé la constitution d’une mission d’experts ou de rapporteurs subviendront aux frais de cette mission. Dans le cas où les experts ou les rappor- teurs auront été désignés en application d’une décision du Comité des hauts fonctionnaires ou du Comité permanent de la CSCE, les dépenses seront assumées par les États participants conformé- ment au barème habituel de répartition de ces dépenses. Ces dispositions seront réexaminées lors de la Réunion principale de suivi de la CSCE qui se tiendra à Helsinki.

(14) Rien de ce qui précède ne porte atteinte, de quelque manière que ce soit, au droit des États participants de soulever, dans le cadre du processus de la CSCE, une question relative au respect d’un engagement souscrit dans ce cadre, notamment d’un engagement ayant trait à la dimension humaine de la CSCE.

(15) En examinant s’il y a lieu d’appliquer les procédures énoncées aux paragraphes 9 et 10 ou au paragraphe 12 en ce qui concerne le cas d’une personne, les États participants devraient s’assu- rer que le cas de cette personne ne fait pas déjà l’ objet d’une procédure judiciaire internationale.

Prague 1992 (Document sur le développement ultérieur des institutions et structures de la CSCE III. La dimension humaine)

14. Le Bureau des institutions démocratiques et des droits de l’homme est désigné pour être l’insti- tution de la CSCE chargée des tâches liées aux missions d’experts et de rapporteurs conformément au Document de la Réunion de Moscou de la Conférence sur la dimension humaine de la CSCE.

Helsinki 1992 (Décisions : VI. La dimension humaine)

(5) Sous la direction générale du CHF (...), le BIDDH, en tant que principale institution de la dimension humaine : (5a) aidera à contrôler la mise en œuvre des engagements pris au titre de la dimension humaine : en servant de lieu de rencontre pour les réunions bilatérales en application du paragraphe 2 et de

21 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

canal d’information en vertu du paragraphe 3 du mécanisme de la dimension humaine, tel qu’il est décrit dans le Document de clôture de Vienne ; (…) (5b) servira de centre d’échange des informations concernant : l’état d’exception, conformément au paragraphe 28.10 du Document de la Réunion de Moscou de la Conférence sur la dimension humaine ; (…)

(7) Afin d’aligner le mécanisme de la dimension humaine sur les structures et les institutions actuelles de la CSCE, les États participants décident ce qui suit :

Tout État participant qui le juge nécessaire peut communiquer aux autres États participants, par l’intermédiaire du BIDDH – qui peut également servir de lieu de rencontre pour les réunions bila- térales organisées au titre du paragraphe 2 – ou par la voie diplomatique, des informations sur des situations et des cas qui ont fait l’objet de demandes au titre des paragraphes 1 ou 2 du chapitre « Dimension humaine de la CSCE » du Document de clôture de Vienne. Ces informations peuvent être discutées aux réunions du CHF, aux réunions sur la mise en œuvre des engagements concer- nant la dimension humaine et aux conférences d’examen.

Réunions sur la mise en œuvre des engagements concernant la dimension humaine

(8) Les méthodes de répartition des dépenses afférentes aux missions d’experts et aux missions de rapporteurs du mécanisme de la dimension humaine pourront être examinées par la prochaine conférence d’examen, à la lumière de l’expérience acquise.

(9) Chaque année au cours de laquelle il n’y a pas de conférence d’examen, le BIDDH organisera, à son siège, une réunion d’experts de tous les États participants pendant trois semaines pour faire le bilan de la mise en œuvre des engagements pris par la CSCE au titre de la dimension humaine. La réunion remplira les tâches suivantes : (9a) échange de vues approfondi sur la mise en œuvre des engagements concernant la dimension humaine, y compris un débat sur les informations fournies conformément au point 4 du méca- nisme de la dimension humaine (...)

Budapest 1994 (Décisions : VIII. La dimension humaine

5. Utilisant les structures d’examen de la mise en œuvre contenues dans le Document de Helsinki 1992 et soucieux d’améliorer la mise en œuvre des engagements au titre de la dimension humaine, les États participants utiliseront le Conseil permanent pour approfondir le dialogue sur la dimension humaine et réagir dans les cas de violation de ces engagements. A cet effet, les États participants décident que les questions de la dimension humaine seront traitées régulièrement par le Conseil permanent comme partie intégrante de ses travaux. Ils utiliseront plus largement les possibilités offertes par le Mécanisme de Moscou pour examiner des questions relatives à la dimension humaine ou en faciliter la résolution sur leur territoire.

6. Les États participants encouragent le Président en exercice à informer le Conseil permanent de cas graves de non-application présumée des engagements au titre de la dimension humaine, notamment sur la base des informations fournies par le BIDDH, des rapports et des recomman- dations du Haut-Commissaire pour les minorités nationales (HCMN) ou des rapports du chef de telle ou telle mission de la CSCE, ainsi que des informations communiquées par l’État concerné.

22 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

C. Réseau contre-terrorisme

Maastricht 2003 (Décision N° 6/03 sur le mandat du réseau de lutte contre le terrorisme 2 de l’OSCE)

Le Conseil ministériel,

Décide d’établir le Réseau contre-terrorisme de l’OSCE, conformément au mandat qui figure dans l’annexe à la présente décision.

(Annexe à la Décision N° 6/03 : Mandat du Réseau contre-terrorisme de l’OSCE )

Le Réseau contre-terrorisme de l’OSCE a pour principal objectif de promouvoir le renforcement de la coordination des mesures antiterroristes et l’échange d’informations entre les États participants de l’OSCE. Il vise en particulier à renforcer la liaison entre les délégations des États participants, les responsables de la lutte antiterroriste dans les capitales, ainsi que l’Unité d’action de l’OSCE contre le terrorisme.* Le Réseau facilite les échanges réguliers d’informations sur les programmes, la formation et l’évolution du droit, organisés sur l’initiative de l’OSCE et des États participants dans le domaine de la lutte contre le terrorisme, ainsi que les analyses provenant de sources libre- ment accessibles concernant les tendances observées dans les phénomènes du terrorisme. L’ac- cent sera mis principalement sur l’appui et la complémentarité avec les travaux du Comité contre le terrorisme du Conseil de sécurité des Nations Unies dans l’application de la résolution 1373 du Conseil de sécurité. Le Réseau contre-terrorisme de l’OSCE ne vise pas à servir d’intermédiaire pour l’échange de renseignements ou de toutes autres informations sensibles, ni à faire double emploi avec d’autres réseaux internationaux et régionaux de répression.

Chaque gouvernement désignera un agent de liaison principal qui servira, par l’intermédiaire de sa délégation auprès de l’OSCE, de point de contact principal avec l’Unité d’action contre le terro- risme. L’agent de liaison principal veillera à ce que les communications émanant de l’Unité soient transmises aux autorités gouvernementales appropriées de la capitale concernée, et que l’Unité et les délégations soient également informées en temps utile des faits nouveaux pertinents sur- venus dans l’État participant. Afin de favoriser la coordination, les communications passant par le Réseau contre-terrorisme entre l’Unité et l’agent de liaison principal seront en principe trans- mises par le biais de la délégation de l’État concerné auprès de l’OSCE.

Attributions de l’Unité d’action contre le terrorisme

1. Informer les États participants des possibilités de formation tant bilatérales que multilatérales sur le questions de lutte contre le terrorisme et coopérer avec les agents de liaison principaux pour tirer pleinement parti de tels programmes.

2. Coordonner et favoriser les activités de lutte antiterroriste de l’OSCE, notamment les programmes d’assistance en matière de renforcement des capacités, les ateliers de formation et de préparation aux situations d’urgence, afin d’utiliser de manière efficace les ressources et d’éviter tout double emploi.

* Le Comité contre le terrorisme (CTC) des Nations Unies a appuyé l’élaboration de tels réseaux régionaux en vue de renforcer la coopération et la coordination. Le Secrétariat du Comité interaméricain contre le terrorisme (CICTE), au sein de l’Organisation des États américains, a déjà élaboré, au sein de l’hémisphère occidental, un réseau régional de points de contact nationaux. L’Unité d’action contre le terrorisme est reconnaissante au CICTE pour les avis et l’assistance qu’elle a fournis pour l’élaboration du Réseau contre-terrorisme de l’OSCE.

23 2.2.4 Mécanismes de la dimension humaine et autres mécanismes pertinents

3. Répondre en temps opportun aux informations et aux demandes d’action émanant des agents de liaison principaux.

4. Veiller à ce que, par le biais des délégations, les agents de liaison principaux soient pleinement informés des faits nouveaux concernant des questions importantes en matière de lutte antiterro- riste qui affectent la région de l’OSCE, en distribuant régulièrement, au moyen du courrier électro- nique, une lettre d’information de l’Unité d’action contre le terrorisme et des mises à jour régulières de la page d’accueil de l’Unité de l’OSCE.

5. Engage vivement les États participants à prendre toutes les mesures légales pour réprimer l’ex- ploitation sexuelle des enfants, en prévoyant des sanctions efficaces, proportionnées et dissuasives. A cet égard, encourage les États participants à envisager des mesures légales qui leur permettraient d’engager des poursuites à l’encontre de leurs ressortissants pour des infractions sexuelles graves à l’encontre d’enfants, même lorsque que celles-ci sont commises dans un autre pays ;

6. Assurer la coordination avec l’agent de liaison principal, par l’intermédiaire de la délégation concernée, lorsqu’un responsable de l’Unité d’action de l’OSCE contre le terrorisme se rend dans un État participant afin d’étudier les questions liées au terrorisme.

Attributions des agents de liaison principaux

1. Veiller à ce que les communications émanant de l’Unité d’action contre le terrorisme parviennent aux bureaux gouvernementaux appropriés, et que les réponses à l’Unité d’action contre le terro- risme soient envoyées en temps opportun.

2. Fournir des informations à l’Unité d’action contre le terrorisme sur les faits nouveaux impor- tants survenus au plan national concernant les mesures prises pour lutter contre le terrorisme, notamment de nouvelles législations en la matière*, la formation ou les programmes d’assistance dans ce domaine, ainsi que des exemples des « meilleures pratiques » nationales.

3. Communiquer des informations sur les séminaires, les ateliers et les conférences sur les préoc- cupations en matière de lutte antiterroriste que les États participants peuvent organiser et qui sont ouverts à une participation extérieure.

4. Faire fonction de coordonnateur principal pour les séminaires, les ateliers et les conférences de l’OSCE en matière de lutte contre le terrorisme auxquels assiste l’État participant de l’agent de liaison principal.

5. Assurer la coordination et la communication, au nom de l’État participant concerné, des besoins en matière de formation et d’assistance, ainsi que des demandes ayant trait aux questions de lutte contre le terrorisme que l’OSCE est en mesure d’appuyer ou de favoriser et fixer les priorités en la matière. (...)

* Pour obtenir les informations les plus exactes sur les ratifications, l’Unité d’action de l’OSCE contre le terro- risme se fonde sur les notifications officielles de ratifications soumises par le biais des sites web des dépositaires pertinents des instruments de lutte contre le terrorisme.

24 2.3 Partenaires de la mise en œuvre

D. Autres mécanismes

Prague 1992 (Document sur le développement ultérieur des institutions et structures de la 2 CSCE IV. Sauvegarde des droits de l’homme, de la démocratie et de l’État de droit)

16. Le Conseil a décidé, afin d’accroître encore la capacité de la CSCE à garantir les droits de l’homme, la démocratie et l’État de droit par des moyens pacifiques, que des mesures appropriées pourront être prises par le Conseil ou le Comité des hauts fonctionnaires, si nécessaire sans le consentement de l’État concerné, en cas de violation flagrante, grave et persistante des engagements correspon- dants de la CSCE. De telles actions consisteraient en déclarations politiques ou en d’autres mesures de nature politique qui seraient appliquées hors du territoire de l’État concerné. Cette décision ne déroge en rien aux mécanismes existants de la CSCE.

Helsinki 1992 (Décisions : I. Renforcement des institutions et des structures de la CSCE)

(22) Lorsqu’il traite d’une crise ou d’un conflit, le Président en exercice pourra, sous sa propre responsabilité, désigner pour l’assister un représentant personnel en lui donnant un mandat clair et précis. Le Président en exercice informera le CHF de son intention de nommer un représen- tant personnel et du mandat de celui-ci. Dans ses rapports au Conseil/CHF, le Président en exer- cice inclura des informations sur les activités de son représentant personnel ainsi que tout avis ou toute observation que celui-ci lui aura soumis.

Sofia 2004 (Décision N° 12/04 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

5. Accueille avec satisfaction l’intention du Président en exercice de désigner, conformément à la Décision N° 8 du Conseil ministériel de Porto, trois représentants personnels dans le cadre de la lutte globale de l’OSCE contre la discrimination et pour la promotion de la tolérance. Les dépenses afférentes aux représentants personnels seront couvertes par les contributions extrabudgétaires.

2.3 Partenaires de la mise en œuvre

2.3.1 Gouvernements, institutions publiques et organismes gouvernementaux

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe IX)

[Les États participants] (...) confirment que les gouvernements, les institutions, les organisations et les personnes ont un rôle propre et positif à jouer en contribuant à atteindre ces objectifs de leur coopération.

Copenhague 1990 (Préambule)

[Les États participants] reconnaissent que la coopération entre eux, ainsi que la participation active de personnes, groupes ou groupements, organisations et institutions seront essentielles pour assu- rer la poursuite des progrès permettant la réalisation de leurs objectifs communs.

25 2.3.2 Gouvernements d’autres pays et organisations internationales

Moscou 1991 (Préambule)

Les États participants (...) déclarent résolus à remplir tous leurs engagements relatifs à la dimen- sion humaine et à résoudre par des moyens pacifiques toute question connexe, individuellement et collectivement, sur la base du respect mutuel et de la coopération. Dans ce contexte, ils recon- naissent que la participation active de personnes, de groupes, d’organisations ou d’institutions est essentielle à la poursuite des progrès dans cette voie.

2.3.2 Gouvernements d’autres pays et organisations internationales

Helsinki 1992 (Déclaration du sommet)

7. Nous confirmons la validité des principes directeurs et des valeurs communes inscrits dans l’Acte final de Helsinki et dans la Charte de Paris. Ils sont la base des responsabilités des États l’un envers l’autre et des gouvernements envers leur peuple. Ils sont la conscience collective de notre commu- nauté. Nous reconnaissons notre responsabilité mutuelle de les respecter. Nous soulignons le droit démocratique des citoyens d’exiger de leur gouvernement le respect de ces valeurs et de ces normes.

Helsinki 1992 (Décisions : IV. Relations avec les organisations internationales, relations avec les États non participants, rôles des organisations non gouvernementales (ONG))

(1) (...) Les efforts pour établir un ordre durablement pacifique et démocratique et gérer le proces- sus d’évolution ne peuvent aboutir sans des apports plus structurés et plus substantiels de la part de groupes, d’individus, d’États et d’organisations extérieurs au processus de la CSCE.

A cette fin, les États participants ont décidé ce qui suit :

Relations avec les organisations internationales

(2) Les États participants, confirmant les engagements auxquels ils ont souscrit aux termes de la Charte des Nations Unies, déclarent que la CSCE est un accord régional au sens du Chapitre VIII de la Charte des Nations Unies et qu’elle constitue en cette qualité un lien important entre la sécu- rité en Europe et la sécurité mondiale.

(3) Rappelant les décisions pertinentes du Document de Prague, les États participants favorise- ront des contacts plus étroits et une meilleure coopération pratique avec les organisations inter- nationales appropriées. (…)

Relations avec les États méditerranéens non participants

(7) Rappelant les dispositions de l’Acte final et des autres documents pertinents de la CSCE et confor- mément à la pratique établie, les États méditerranéens non participants continueront à être invités à contribuer aux activités de la CSCE. (…)

Relations avec les États non participants

(9) (...) les États participants se proposent d’approfondir leur coopération et de resserrer leurs liens avec des États non participants (...) qui s’intéressent à la CSCE, souscrivent à ses principes

26 2.3.2 Gouvernements d’autres pays et organisations internationales

et objectifs et sont activement engagés dans la coopération européenne dans le cadre d’organisa- tions compétentes en la matière. 2 Lisbonne 1996 (Déclaration de Lisbonne sur un modèle de sécurité commun et global pour l’Europe du XXIe siècle)

5. Nous reconnaissons que, dans le cadre de l’OSCE, les États sont (...) responsables les uns envers les autres de l’application de leurs engagements.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

14. (…) Aujourd’hui, nous nous engageons à prendre des mesures communes basées sur la coo- pération, à la fois au sein de l’OSCE et par l’intermédiaire des organisations dont nous sommes membres, afin d’offrir une aide aux États participants pour qu’ils respectent mieux les principes et engagements de l’OSCE. Nous renforcerons les instruments de coopération existants et en éla- borerons de nouveaux afin de répondre efficacement aux demandes d’aide émanant des États par- ticipants. (…)

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

Coopération avec d’autres organisations et institutions internationales

52. (...) L’interaction de l’OSCE avec d’autres organisations et institutions se fonde sur la Plate- forme pour la sécurité coopérative. Dans ce document, les États participants se sont engagés à tenter de renforcer la cohérence opérationnelle et politique parmi tous les organes traitant de la sécu- rité, à la fois en contrant les menaces spécifiques et en formulant des réponses face aux nouvelles menaces et aux nouveaux défis.

53. Notre coopération avec les autres organisations et institutions englobe actuellement le dialogue politique, la coordination et la coopération structurée sur des questions régionales ou thématiques dans toute la région de l’OSCE, sur la base de valeurs et d’objectifs communs. (...)

54. L’OSCE cherche à étendre ses relations avec toutes les organisations et institutions concernées par la promotion d’une sécurité globale dans l’espace de l’OSCE (...)

Astana 2010

3. (...) Nous réaffirmons en outre que tous les principes et engagements de l’OSCE, sans exception, s’appliquent également à chaque État participant, et nous soulignons que nous sommes (...) res- ponsables les uns envers les autres de leur pleine mise en œuvre. (…)

10. Nous reconnaissons que la sécurité de l’espace de l’OSCE est inextricablement liée à celle des zones adjacentes, notamment en Méditerranée et en Asie. Nous devons donc accroître le niveau de notre interaction avec nos partenaires pour la coopération. En particulier, nous soulignons la nécessité de contribuer effectivement, en fonction des capacités et de l’intérêt national de chaque État participant, aux efforts internationaux collectifs visant à promouvoir un Afghanistan stable, indépendant, prospère et démocratique.

27 2.3.2 Gouvernements d’autres pays et organisations internationales

Vilnius 2011 Décision N° 5/11 sur les partenaires pour la coopération)

Le Conseil ministériel (...),

Pleinement convaincu que la sécurité de l’espace de l’OSCE est inextricablement liée à celle des régions des partenaires pour la coopération, et réaffirmant notre engagement d’intensifier notre dialogue et notre coopération avec les partenaires méditerranéens et asiatiques pour la coopéra- tion et de renforcer notre capacité de répondre aux besoins et aux priorités recensés par les parte- naires et sur la base des normes, principes et engagements de l’OSCE,

Conscient des processus de transition démocratique et des évolutions politiques, économiques et sociales qui se sont produits dans certains partenaires méditerranéens en 2011,

Louant les processus de réforme volontaire entrepris par certains pays partenaires méditerranéens,

Conscient que chaque pays est différent et a le droit de développer son propre modèle politique, dans le respect des valeurs universelles des droits et de la dignité de la personne humaine,

Convenant que l’expérience de l’OSCE dans différents domaines peut être intéressante et poten- tiellement bénéfique pour les partenaires, tout en tenant pleinement compte du fait que la respon- sabilité première des choix politiques nationaux leur incombe ainsi que de leur héritage politique, social culturel et religieux particulier et conformément à leurs besoins, à leurs objectifs et à leurs priorités nationales,

Réaffirmant que l’OSCE est prête (...) à aider les partenaires pour la coopération, selon qu’il convien- dra, à mettre en œuvre volontairement les normes, principes et engagements de l’OSCE,

Reconnaissant le rôle important joué par la société civile dans les partenaires pour la coopération pour ce qui est de promouvoir la démocratie, l’état de droit et le plein respect des droits de l’homme et des libertés fondamentales,

Se félicitant des progrès accomplis ces dernières années grâce au dialogue et à la coopération avec nos partenaires méditerranéens et asiatiques pour la coopération, notamment de leur participation accrue aux réunions et activités de l’OSCE, y compris la mise en œuvre de projets mutuels concrets, (…)

Réaffirmant son soutien à la coopération de l’Assemblée parlementaire de l’OSCE avec les parte- naires grâce notamment à la tenue de son Forum parlementaire annuel sur la Méditerranée, et pre- nant note des travaux menés par l’Assemblée parlementaire de l’OSCE à cet égard,

1. Décide de renforcer encore le Partenariat pour la coopération en élargissant le dialogue, en inten- sifiant les consultations politiques, en renforçant la coopération pratique et en continuant de mettre en commun les meilleures pratiques et l’expérience acquise dans le développement de la sécurité globale, coopérative et indivisible, dans les trois dimensions de l’OSCE, conformément aux besoins et aux priorités recensés par les partenaires ;

2. Encourage les structures exécutives de l’OSCE (...) à engager une coopération orientée vers l’ac- tion avec les pays partenaires dans les trois dimensions, en tenant compte également des confé- rences annuelles des partenaires, en donnant des avis d’experts et en échangeant des informations sur les meilleures pratiques et les données d’expérience à la demande des partenaires sur la base des

28 2.3.2 Gouvernements d’autres pays et organisations internationales

décisions pertinentes de l’OSCE si nécessaire et invite les partenaires à accroître le niveau de leur participation aux activités de l’OSCE ; 2 3. Décide (...) de redoubler d’efforts pour promouvoir les normes, principes et engagements de l’OSCE par l’intermédiaire des points de contact en coordination avec d’autres organisations régionales et internationales compétentes, en particulier l’Organisation des Nations Unies, grâce notamment à la mise en commun des meilleures pratiques et des données d’expérience ainsi qu’à des projets et activités communs dans les trois dimensions, selon qu’il conviendra ;

4. Invite (...) l’OSCE (...) à renforcer et à développer encore le dialogue régulier de haut niveau avec les partenaires pour la coopération afin d’améliorer la compréhension mutuelle et d’obtenir un sou- tien et une aide politiques de haut niveau en faveur des partenaires pour la coopération, en tenant compte de leurs besoins et priorités ;

5. Demande (...) [à] l’OSCE (...) de faciliter une participation plus large de représentants des auto- rités et de la société civile des partenaires pour la coopération aux manifestations pertinentes de l’OSCE, en recourant le cas échéant au fonds de partenariat :

6. Charge le Secrétaire général, en consultation avec la Présidence de l’OSCE, d’explorer les options possibles pour une coopération orientée vers l’action et axée sur les résultats avec les partenaires, en coordination avec l’Organisation des Nations Unies et d’autres organisations et institutions régionales et internationales compétentes, et de présenter des propositions, selon qu’il convien- dra, pour suite à donner par le Conseil permanent ;

7. Prie le Conseil permanent de rester saisi de la question et d’examiner les options pour un enga- gement futur avec les partenaires pour la coopération à leur demande ;

8. Encourage les États participants et les partenaires pour la coopération à mettre en commun leurs données d’expérience et à contribuer aux activités de l’OSCE dans les trois dimensions, grâce notamment à des contributions au Fonds de partenariat, selon qu’il conviendra, afin de promou- voir la poursuite de l’engagement avec les partenaires pour la coopération ;

9. Confirme à nouveau qu’il est ouvert à l’examen des demandes futures éventuelles de partena- riat émanant de pays intéressés (...)

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme)

16. D’inviter les partenaires de l’OSCE pour la coopération à collaborer activement avec nous pour renforcer notre dialogue et notre coopération dans la prévention et la lutte contre l’extré- misme violent et la radicalisation qui conduisent au terrorisme, en respectant et en protégeant les droits de l’homme et les libertés fondamentales dans ce contexte, en prévenant et en combattant les manifestations d’intolérance et de discrimination, notamment sur la base de la religion ou de la conviction, la xénophobie et la violence, ainsi que dans la promotion du dialogue interconfession- nel, interreligieux et interculturel (...) et d’encourager les partenaires de l’OSCE pour la coopéra- tion à continuer de s’appuyer le plus possible sur les principes, normes et engagements de l’OSCE ainsi que ses outils pertinents ;

29 2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

Hambourg 2016 (Décision N° 5/16 on Efforts de l’OSCE liés à la réduction des risques de conflit découlant de l’utilisation des technologies de l’information et des communications)

11. Invite les partenaires de l’OSCE pour la coopération à renforcer le dialogue sur les efforts visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications.

2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VII)

Les États participants reconnaissent l’importance universelle des droits de l’homme et des liber- tés fondamentales (…). Ils confirment le droit de l’individu de connaître ses droits et devoirs dans ce domaine et d’agir en conséquence. (…)

Ils confirment que (...) les organisations et les personnes ont un rôle propre et positif à jouer en contribuant à atteindre ces objectifs de leur coopération.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

[Les États participants] rappellent le droit de l’individu de connaître ses droits et devoirs dans le domaine des droits de l’homme et des libertés fondamentales, et d’agir en conséquence, en confor- mité avec l’Acte final ; ils prendront, dans leurs pays respectifs, les mesures nécessaires pour garan- tir effectivement ce droit.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(12) [Les États participants] se déclarent déterminés à garantir l’exercice effectif des droits de l’homme et des libertés fondamentales (…).

(13) A cet égard, (...) (13.3) – ils publieront et diffuseront le texte de l’Acte final, du Document de clôture de Madrid, du présent document et de tous les instruments internationaux pertinents qui concernent les droits de l’homme, de telle sorte que ces documents soient disponibles dans leur intégralité, connus le plus largement possible et accessibles à tout un chacun sur leur territoire, en particulier par le réseau des bibliothèques publiques ; (13.4) – ils garantiront effectivement le droit de chacun de connaître ses droits et devoirs dans ce domaine et d’agir en conséquence, et, à cette fin, publieront et rendront accessibles toute la légis- lation, la réglementation et les procédures relatives aux droits de l’homme et aux libertés fonda- mentales ; (13.5) – ils respecteront le droit de leurs citoyens de contribuer activement, à titre individuel ou en association avec d’autres, à la promotion et à la protection des droits de l’homme et des liber- tés fondamentales ; (13.6) – ils encourageront l’étude, dans les écoles et autres établissements d’enseignement, de la promotion et de la protection des droits de l’homme et des libertés fondamentales ;

30 2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

(…) (13.8) – ils veilleront à ce qu’aucune personne qui exerce, manifeste l’intention d’exercer ou cherche à exercer ces droits et libertés, ni aucun membre de sa famille, ne subisse de ce fait quelque dis- 2 crimination que ce soit ; (13.9) – ils veilleront à ce que des recours effectifs et une information complète au sujet de ceux-ci soient à la disposition des personnes qui font valoir qu’il y a eu violation des droits de l’homme et des libertés fondamentales à leur endroit ; entre autres, ils leur donneront effectivement la pos- sibilité de se prévaloir : • du droit de chacun de présenter un recours devant des organes exécutifs, législatifs, judiciaires ou administratifs ; • du droit d’être entendues équitablement et publiquement, dans un délai raisonnable, par un tri- bunal indépendant et impartial, et entre autres d’y invoquer des arguments juridiques et d’y être représentées par l’avocat de leur choix ; • du droit d’être promptement et officiellement informées de la suite donnée a tout appel, y com- pris des motifs juridiques sur lesquels se fonde la décision. Cette information sera communi- quée en règle générale par écrit et, en tout état de cause, d’une façon qui permette à l’intéressé d’utiliser effectivement d’autres voies de recours disponibles. (…)

(26) (...) A cette fin, ils respecteront le droit des personnes d’observer et promouvoir l’application des dispositions de la CSCE et de s’associer avec d’autres dans ce but. Ils faciliteront les contacts directs et la communication entre ces personnes, ces institutions et ces organisations à l’intérieur de leurs frontières et entre eux, et élimineront, lorsqu’ils existent, les obstacles juridiques et admi- nistratifs incompatibles avec les dispositions de la CSCE. Ils faciliteront aussi l’accès à l’information sur la mise en œuvre des dispositions de la CSCE et la libre expression d’opinions sur ces questions.

Copenhague 1990

(10) Réaffirmant leur engagement de garantir effectivement les droits de chacun de connaître les droits de l’homme et les libertés fondamentales et d’agir en conséquence, et de contribuer active- ment, à titre individuel ou en association avec d’autres, à leur promotion et à leur protection, les États participants s’engagent : (10.1) – à respecter le droit de chacun, à titre individuel ou en association avec d’autres, de deman- der, recevoir et communiquer librement des opinions et des informations concernant les droits de l’homme et les libertés et ces informations ; (10.2) – à respecter les droits de chacun, à titre individuel ou en association avec d’autres, d’étudier et d’examiner comment les droits de l’homme et les libertés fondamentales sont respectés et d’éla- borer et d’examiner des idées propres à améliorer la protection des droits de l’homme ainsi que des moyens plus efficaces pour garantir leur conformité avec les normes internationales commu- nément admises en matière de droits de l’homme ; (10.3) – à veiller à ce que toute personne soit autorisée à exercer le droit d’association, y com- pris le droit effectif de créer des organisations non gouvernementales cherchant à promouvoir

31 2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

et à protéger les droits de l’homme et les libertés fondamentales, notamment des syndicats et des groupes de surveillance en matière de droits de l’homme, ainsi que d’adhérer à ces organisations et de participer à leurs activités ; (10.4) – à permettre aux membres de ces groupes et organisations d’avoir librement accès à des orga- nismes similaires, à l’intérieur et hors des frontières de leur pays, ainsi qu’à des organisations inter- nationales et de communiquer avec ceux-ci, de procéder à des échanges, de nouer des contacts et de coopérer avec ces groupements et organisations, de même que de solliciter, de recevoir et d’utiliser des contributions financières volontaires d’origine nationale et internationale dans la mesure pré- vue par la loi, afin de promouvoir et de protéger les droits de l’homme et les libertés fondamentales.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous rappelons le rôle important joué par les organisations non gouvernementales, les groupes religieux et autres et les particuliers dans la réalisation des objectifs de la CSCE et nous conti- nuerons à faciliter leurs activités en faveur de la mise en œuvre des engagements de la CSCE par les États participants. Pour accomplir les tâches importantes qui sont les leurs, ces organisations, groupes et particuliers doivent être associés de manière appropriée aux activités et aux nouvelles structures de la CSCE.

Moscou 1991

(43) Les États participants reconnaîtront comme ONG les organisations qui se déclarent comme telles, selon les procédures nationales en vigueur, et faciliteront à ces organisations le libre exer- cice de leurs activités sur leur territoire ; à cet effet, ils : (43.1) – s’efforceront de trouver les moyens de renforcer encore les possibilités de contacts et d’échanges de vues entre les ONG, les autorités nationales et les institutions publiques compé- tentes ; (43.2) – s’efforceront de faciliter le séjour dans leur pays d’ONG venues de l’un quelconque des États participants pour observer la situation en ce qui concerne la dimension humaine ; (43.3) – accueilleront favorablement les activités des ONG, notamment lorsqu’elles observent l’ap- plication des engagements souscrits dans le cadre de la CSCE au titre de la dimension humaine ; (43.4) – autoriseront les ONG, étant donné l’importance de leur rôle dans le cadre de la dimen- sion humaine de la CSCE, à porter leurs vues à la connaissance de leurs gouvernements respectifs et des gouvernements de tous les autres États participants au cours des futurs travaux de la CSCE sur la dimension humaine. (43.5) Au cours des travaux futurs de la CSCE sur la dimension humaine, les ONG auront la pos- sibilité de distribuer à toutes les délégations des contributions écrites sur des questions détermi- nées relevant de la dimension humaine de la CSCE.

32 2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

(43.6) Le Secrétariat de la CSCE, dans les limites des ressources dont il disposera, fera droit aux demandes adressées par des ONG pour obtenir des documents de la CSCE ne faisant pas l’objet d’une distribution restreinte. 2 Helsinki 1992 (Déclaration du sommet)

7. Nous confirmons la validité des principes directeurs et des valeurs communes inscrits dans l’Acte final de Helsinki et dans la Charte de Paris. Ils sont la base des responsabilités des États l’un envers l’autre et des gouvernements envers leur peuple. Nous soulignons le droit démocratique des citoyens d’exiger de leur gouvernement le respect de ces valeurs et de ces normes.

Helsinki 1992 (Décisions : IV. Relations avec les organisations internationales, relations avec les États non participants, rôles des organisations non gouvernementales (ONG))

A cette fin, les États participants ont décidé ce qui suit : (…)

Accroissement de la transparence des activités de la CSCE, promotion de la compréhension du rôle de la CSCE, élargissement du rôle des ONG

(12) Les États participants augmenteront la transparence des institutions et des structures de la CSCE et veilleront à diffuser largement des informations sur la CSCE. (…)

(14) Les États participants offriront aux organisations non gouvernementales des occasions de par- ticiper davantage aux activités de la CSCE.

(15) En conséquence : • ils appliqueront à toutes les réunions de la CSCE les directives antérieurement convenues en ce qui concerne l’accès des ONG à certaines réunions de la CSCE ; • ils offriront aux ONG l’accès à toutes les séances plénières des conférences d’examen, des sémi- naires, ateliers et réunions du BIDDH, du CHF lorsqu’il siégera en tant que Forum écono- mique, des réunions sur la mise en œuvre des engagements concernant les droits de l’homme et d’autres réunions d’experts. En outre, chaque réunion pourra décider d’admettre les ONG à certaines autres séances ; • ils donneront pour instructions aux directeurs des institutions de la CSCE et aux secrétaires exécutifs des réunions de la CSCE de désigner un « chargé de liaison avec les ONG » parmi les membres de leur personnel ; • ils désigneront, le cas échéant, un fonctionnaire de leur ministère des affaires étrangères et un membre de leur délégation aux réunions de la CSCE comme responsables de la liaison avec les ONG ; • ils favoriseront, entre les réunions de la CSCE, les contacts et les échanges de vues entre les ONG et les autorités nationales et institutions gouvernementales compétentes ;

33 2.3.3 Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

• ils faciliteront, au cours des réunions de la CSCE, des discussions informelles entre les repré- sentants des États participants et ceux des ONG ; • ils encourageront la présentation par les ONG aux institutions et réunions de la CSCE de com- munications écrites dont les intitulés pourront être gardés et communiqués aux États partici- pants qui le demanderont ; • ils prodigueront des encouragements aux ONG qui organiseront des séminaires sur des ques- tions concernant la CSCE ; • ils notifieront aux ONG par le canal des institutions de la CSCE les dates des futures réunions de la CSCE en indiquant, dans la mesure du possible, les sujets qui seront traités ainsi que, sur demande, le déclenchement des mécanismes de la CSCE qui aura été porté à la connaissance de tous les États participants.

(16) Les dispositions ci-dessus ne s’appliqueront pas aux personnes ou organisations qui recourent à la violence ou excusent publiquement le terrorisme ou le recours à la violence.

(17) Les États participants utiliseront tous les moyens appropriés pour faire connaître aussi large- ment que possible dans leur société la CSCE, ses principes, engagements et activités.

Budapest 1994 (Décisions : VIII. La dimension humaine)

18. Les États participants (...) soulignent (...) la nécessité de protéger les défenseurs des droits de l’homme et attendent que soit mené à bien et adopté, dans le cadre des Nations Unies, le pro- jet de déclaration sur le droit et la responsabilité des individus, des groupes et des organes de la société en ce qui concerne la promotion et la protection des droits de l’homme et des libertés fon- damentales universellement reconnus.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

27. Les organisations non gouvernementales (ONG) peuvent jouer un rôle crucial dans l’action en faveur des droits de l’homme, de la démocratie et de l’état de droit. Elles font partie intégrante d’une société civile forte. Nous nous engageons à renforcer la capacité des ONG de contribuer pleinement au développement de la société civile et au respect des droits de l’homme et des liber- tés fondamentales.

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme) (…)

Nous reconnaissons que c’est dans les sociétés démocratiques, où les décisions sont prises avec un maximum de transparence et une large participation, que les droits de l’homme sont le mieux res- pectés. Nous préconisons une société civile pluraliste et encourageons les partenariats entre diffé- rentes parties prenantes dans la promotion et la protection des droits de l’homme. (…)

34 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Astana 2010

6. (...) Nous apprécions le rôle important que jouent la société civile et les médias libres pour nous 2 aider à assurer le respect intégral des droits de l’homme, des libertés fondamentales, de la démo- cratie, y compris grâce à des élections libres et équitables, et l’état de droit.

Vilnius 2011

(...) Reconnaissant le rôle important joué par la société civile dans les partenaires pour la coopé- ration pour ce qui est de promouvoir la démocratie, l’état de droit et le plein respect des droits de l’homme et des libertés fondamentales, (…)

2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

14. (...) Nous confirmons, chacun d’entre nous, que nous sommes prêts à honorer pleinement nos engagements. Nous avons également pour responsabilité commune de faire respecter les principes de l’OSCE. Nous sommes par conséquent résolus à coopérer au sein de l’OSCE et avec ses insti- tutions et ses représentants (…). Nous coopérerons, dans un esprit de solidarité et de partenariat, à un examen continu de la mise en œuvre.

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

La réponse de l’OSCE

20. L’OSCE continuera à jouer un rôle actif dans toute sa région en se servant pleinement de ses ins- titutions — Bureau des institutions démocratiques et des droits de l’homme (BIDDH), Haut-Com- missaire pour les minorités nationales (HCMN) et Représentant pour la liberté des médias — de ses opérations de terrain et de son Secrétariat. Ces instruments sont importants pour aider tous les États participants à exécuter leurs engagements, notamment le respect des droits de l’homme, de la démocratie et de la primauté du droit. Dans toutes les activités pertinentes, on recherchera active- ment des possibilités de renforcer la coopération avec l’Assemblée parlementaire et, par son inter- médiaire, avec les parlements nationaux.

Astana 2010

5. (...) Nous soulignons l’importance du travail effectué par le Secrétariat, le Hau-Commissaire pour les minorités nationales, le Bureau des institutions démocratiques et des droits de l’homme et la Représentante pour la liberté des médias de l’OSCE, ainsi que par les opérations de terrain de l’OSCE, conformément à leurs mandats respectifs, pour aider les États participants à respecter leurs engagements envers l’Organisation. Nous sommes déterminés à intensifier la coopération avec l’Assemblée parlementaire de l’OSCE et encourageons les efforts que celle-ci déploie pour promouvoir la sécurité, la démocratie et la prospérité dans l’ensemble de l’espace de l’OSCE et au sein des États participants, ainsi que pour accroître la confiance entre ceux-ci. (…)

35 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

A. Bureau des institutions démocratiques et des droits de l’homme (BIDDH)

I. Cadre général, y compris les tâches-clés supplémentaires

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous décidons d’établir un Bureau des élections libres à Varsovie, pour faciliter les contacts et l’échange d’informations sur les élections dans les États participants.

Paris 1990 (Document complémentaire relatif à la mise en application de certaines dispositions contenues dans la Charte de Paris pour une nouvelle Europe)

G. Bureau des élections libres

1. Le rôle du Bureau des élections libres sera de faciliter les contacts et l’échange d’informations sur les élections dans les États participants. Le Bureau favorisera ainsi l’application des disposi- tions des paragraphes 6, 7 et 8 du Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE (les dispositions pertinentes figurent à l’Annexe 1).

2. À cette fin, le Bureau : • recueillera des informations, y compris les informations fournies par les autorités compétentes des États participants, sur les dates, les procédures et les résultats officiels des élections natio- nales organisées dans les États participants, établira des rapports d’observation des élections et fournira, sur demande, ces informations et rapports aux gouvernements, parlements et orga- nisations privées intéressées ; • sera chargé de faciliter les contacts entre les gouvernements, les parlements et les organisations privées désireux d’observer le déroulement des élections et les autorités compétentes des États où les élections doivent se dérouler ; • organisera et accueillera, à la demande des États participants, des séminaires ou autres réunions ayant trait aux procédures électorales et aux institutions démocratiques.

3. Le Bureau tiendra compte des travaux d’autres institutions actives dans ce domaine et coopé- rera avec elles.

4. Le Bureau exécutera les autres tâches que le Conseil lui assignera.

Annexe 1 (Copenhague 1990)

(6) Les États participants déclarent que la volonté du peuple, exprimée librement et équitablement dans le cadre d’élections périodiques et honnêtes, est le fondement de l’autorité et de la légitimité de tout gouvernement. Les États participants respecteront en conséquence le droit de leurs citoyens de participer au gouvernement de leur pays, soit directement, soit par l’intermédiaire de représen- tants librement choisis par eux dans le cadre d’élections équitables. Ils reconnaissent la responsa- bilité qui leur incombe de défendre et de protéger, conformément à leurs lois, à leurs obligations internationales en matière de droits de l’homme et à leurs engagements internationaux, l’ordre démocratique librement établi par la volonté du peuple contre les activités de personnes, groupes ou groupements ou organisations qui prennent part ou qui refusent de renoncer à des actes de ter- rorisme ou de violence visant à renverser cet ordre ou celui d’un autre État participant.

36 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(7) Pour faire en sorte que la volonté du peuple soit le fondement des autorités publiques, les États participants (7.1) – organiseront des élections libres à intervalles raisonnables, comme le prévoit la loi ; 2 (7.2) – permettront que tous les sièges, dans au moins une des chambres du pouvoir législatif natio- nal, soient librement disputés dans le cadre d’un vote populaire ; (7.3) – garantiront un suffrage universel et égal aux citoyens majeurs ; (7.4) – veilleront à ce que les votes soient émis au scrutin secret ou suivant une procédure équiva- lente assurant la liberté du vote et à ce qu’ils soient recensés et présentés avec objectivité, les résul- tats officiels étant rendus publics ; (7.5) – respecteront le droit des citoyens de solliciter des fonctions politiques ou publiques, à titre individuel ou en tant que représentants de partis politiques ou d’organisations, sans discrimination ; (7.6) – respecteront le droit des individus ainsi que des groupes ou groupements de créer, en toute liberté, leurs propres partis ou autres organisations politiques, et fourniront à ces partis et orga- nisations les garanties légales nécessaires pour leur permettre de se mesurer sur la base d’une éga- lité de traitement devant la loi et les autorités ; (7.7) – veilleront à ce que la loi et l’ordre public de l’État contribuent à faire en sorte que les cam- pagnes politiques se déroulent dans un climat d’équité et de liberté excluant toute pression adminis- trative, violence ou intimidation qui interdirait aux partis et aux candidats d’exposer librement leurs opinions et leurs qualités, ou empêcherait les électeurs d’en prendre connaissance et d’en débattre ou de voter sans crainte de sanctions ; (7.8) – veilleront à ce qu’aucune obstacle d’ordre juridique ou administratif ne s’oppose au libre accès aux médias sur la base de la non-discrimination pour tous les groupes ou groupements poli- tiques et toutes les personnes désirant participer à des élections ; (7.9) – veilleront à ce que les candidats qui obtiennent le nombre nécessaire de voix requis par la loi soient dûment investis de leur fonction, et qu’il leur soit permis de conserver celle-ci jusqu’à ce que leur mandat arrive à expiration ou qu’il y soit mis un terme pour toute autre raison d’une manière prescrite par la loi conformément à des procédures parlementaires et constitutionnelles démocratiques.

(8) États participants estiment que la présence d’observateurs, étrangers et nationaux, est de nature à améliorer le déroulement des élections dans les États où elles ont lieu. En conséquence, ils invitent des observateurs de tout autre État participant à la CSCE, ainsi que de toute institution et organi- sation privée compétente qui le souhaiterait, à suivre le déroulement des opérations de leurs élec- tions nationales, dans la mesure prévue par la loi. Ils s’appliqueront également à faciliter un accès analogue pour les élections organisées à un niveau inférieur au niveau national. Ces observateurs s’engageront à ne pas s’immiscer dans les opérations électorales.

Prague 1992 (Document sur le développement ultérieur des institutions et structures de la CSCE III. La dimension humaine)

9. Afin d’élargir la coopération concrète entre les États participants dans le domaine de la dimension humaine, les ministres ont décidé d’attribuer des fonctions supplémentaires au Bureau des élections libres qui s’appellera désormais Bureau des institutions démocratiques et des droits de l’homme.

10. Sous la direction générale du CHF, le Bureau devrait, entre autres : • organiser une brève réunion de la CSCE au siège du Bureau des institutions démocratiques et des droits de l’homme pour examiner la mise en œuvre des engagements de la CSCE dans le domaine de la dimension humaine chaque année au cours de laquelle il n’est pas tenu de réunion de suivi.

37 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

• servir de cadre institutionnel pour partager et échanger des informations sur l’assistance tech- nique et les compétences disponibles, ainsi que sur les programmes nationaux et internationaux destinés à aider les démocraties nouvelles dans le développement de leurs institutions ; • faciliter les contacts entre ceux qui offrent de telles ressources et ceux qui souhaitent en faire usage ; • développer la coopération avec le Conseil de l’Europe afin de mettre à profit sa base de données portant sur ces ressources et ces services ; • établir des contacts avec des organisations non gouvernementales actives dans le domaine du développement d’institutions démocratiques, afin de permettre aux États participants intéressés de faire usage des vastes ressources et des larges compétences de ces organisations ; • faciliter la coopération en matière de formation et d’éducation dans des disciplines portant sur les institutions démocratiques ; • organiser avec des représentants de tous les États participants des réunions et des séminaires ayant trait au développement et à la revitalisation des institutions démocratiques, par exemple sémi- naire consacré aux organes de presse libres et, en temps opportun, un séminaire sur les migra- tions. Ces réunions et séminaires se tiendront à Varsovie à moins qu’il n’en soit décidé autrement.

11. Pour éviter tout chevauchement des tâches, particulièrement dans les domaines mention- nés plus haut, les ministres ont donné pour directive au Bureau de collaborer étroitement avec les autres institutions qui sont actives dans le domaine du développement d’institutions démo- cratiques et des droits de l’homme, en particulier le Conseil de l’Europe et la Commission euro- péenne « Démocratie par le droit ».

12. Le CHF examinera sur une base annuelle la nécessité d’organiser des réunions et des séminaires sur la dimension humaine et les institutions démocratiques et il établira un programme de travail. (…)

Helsinki 1992 (Décisions : VI. La dimension humaine)

(2) Les États participants sont fermement déterminés à assurer le plein respect des droits de l’homme et des libertés fondamentales, à observer les règles de l’État de droit, à promouvoir les principes de la démocratie et, à cet égard, à édifier, renforcer et protéger les institutions démocratiques ainsi qu’à favoriser la tolérance à tous les niveaux de la société. Pour ce faire, ils élargiront le cadre opé- rationnel de la CSCE, notamment en renforçant davantage le BIDDH, de manière à pouvoir échan- ger de manière plus concrète et utile des informations, des idées et des vues sur des sujets qui les préoccupent et, entre autres, à être alertés rapidement en cas de tensions et de risque de conflit. Ce faisant, ils concentreront leur attention sur les sujets relevant du domaine de la dimension humaine qui présentent une importance particulière. Ils garderont donc constamment à l’examen la question du renforcement de la dimension humaine, en particulier à une époque de changement. (…)

Contrôle du respect des engagements pris au titre de la dimension humaine et promotion de la coopération dans ce domaine : cadre général

38 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(4) Afin d’améliorer et de contrôler le respect des engagements de la CSCE et aussi de promouvoir les progrès dans le domaine de la dimension humaine, les États participants sont convenus de ren- forcer le cadre de leur coopération et, à cette fin, décident ce qui suit : 2 Accroissement du rôle du BIDDH

(5) Sous la direction générale du CHF et en sus des tâches qu’il remplit déjà, telles qu’elles sont définies dans la Charte de Paris pour une nouvelle Europe et dans le Document de Prague sur le développement ultérieur des institutions et structures de la CSCE, le BIDDH, en tant que prin- cipale institution de la dimension humaine : (5a) aidera à contrôler la mise en œuvre des engagements pris au titre de la dimension humaine : • en servant de lieu de rencontre pour les réunions bilatérales en application du paragraphe 2 et de canal d’information en vertu du paragraphe 3 du mécanisme de la dimension humaine, tel qu’il est décrit dans le Document de clôture de Vienne ; • en prenant connaissance des observations des États qui auront reçu des missions de la CSCE intéressant la dimension humaine, autres que celles prévues au titre du mécanisme de la dimen- sion humaine ; il transmettra les rapports de ces missions, ainsi que les éventuelles observations, à tous les États participants en vue de leur examen lors de la réunion sur la mise en œuvre ou de la conférence d’examen suivante ; • en participant à des missions ou en les organisant, lorsqu’il en sera chargé par le Conseil ou le CHF ; (5b) servira de centre d’échange des informations concernant : • l’état d’exception, conformément au paragraphe 28.10 du Document de la Réunion de Moscou de la Conférence sur la dimension humaine ; • les listes d’experts et l’aide pouvant être offerte, par exemple en matière de recensement, ou sur le fonctionnement de la démocratie à l’échelon local et régional, ainsi que sur la tenue de sémi- naires nationaux sur ces questions ; (5c) apportera son appui aux autres activités menées dans le domaine de la dimension humaine, y compris à la mise en place des institutions démocratiques : • en exécutant les tâches définies dans le « Programme d’aide coordonnée à l’intention des États participants récemment admis » ; • en organisant à la demande d’États participants des « séminaires sur le processus démocratique ». Les mêmes modalités d’organisation que celles énoncées dans le « Programme d’appui coor- donné à l’intention des États participants récemment admis » s’appliqueront à ces séminaires ; • en contribuant, dans la limite des ressources dont il dispose, à la préparation de séminaires orga- nisés à la demande d’un ou de plusieurs États participants ; • en fournissant, s’il y a lieu, des moyens au Haut-Commissaire pour les minorités nationales ; • en communiquant, s’il y a lieu, avec les organisations internationales et non gouvernementales compétentes ; • en tenant des consultations et en collaborant avec les organes compétents du Conseil de l’Eu- rope et des organes qui lui sont associés, ainsi qu’en examinant comment ces organes peuvent contribuer, selon les besoins, aux activités du BIDDH. Ce dernier communiquera également, à la demande des États participants, des informations sur les programmes qui sont réalisés dans le cadre du Conseil de l’Europe et sont ouverts à tous les États participants.

39 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(6) Dans le cadre des activités qu’il entreprendra sur des questions relatives à la dimension humaine, le BIDDH pourra notamment contribuer au déclenchement d’une alerte rapide dans le cadre de la prévention des conflits.

Mécanisme de la dimension humaine

(7) Afin d’aligner le mécanisme de la dimension humaine sur les structures et les institutions actuelles de la CSCE, les États participants décident ce qui suit :

Réunions sur la mise en œuvre des engagements concernant la dimension humaine

(10) La réunion sur la mise en œuvre pourra appeler l’attention du CHF sur les mesures qu’elle jugera nécessaires pour améliorer la mise en œuvre.

(11) La réunion sur la mise en œuvre n’établira pas de texte négocié.

(12) Les contributions écrites et les éléments d’information seront considérés ou non comme des documents à distribution restreinte, selon l’indication fournie par l’État qui les présentera.

(13) Les réunions sur la mise en œuvre comporteront des séances officielles et des séances infor- melles. Toutes les séances officielles seront publiques. Par ailleurs, les États participants pourront décider, au cas par cas, de rendre publiques des séances informelles.

(14) Le Conseil de l’Europe, la Commission européenne « Démocratie par la loi » et la Banque européenne pour la reconstruction et le développement (BERD), ainsi que les autres organisations et institutions internationales compétentes, seront encouragés par la réunion sur la mise en œuvre à assister aux séances et à y présenter des contributions.

(15) Les organisations non gouvernementales ayant l’expérience voulue dans le domaine de la dimension humaine sont invitées à présenter des communications écrites à la réunion sur la mise en œuvre, par exemple par l’intermédiaire du BIDDH, et pourront être invitées par la réunion sur

40 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

la mise en œuvre, après présentation de leurs communications écrites, à prendre, le cas échéant, la parole sur certains points. 2 (16) Lors de la réunion sur la mise en œuvre, aucune séance officielle ne sera prévue pendant deux demi-journées afin de ménager de plus grandes possibilités de contact avec les ONG. A cette fin, une salle sera mise à la disposition des ONG, sur le lieu de la réunion.

Séminaires de la CSCE sur la dimension humaine

(17) Sous la direction générale du CHF, le BIDDH organisera des séminaires de la CSCE sur la dimension humaine qui traiteront de questions précises présentant un intérêt particulier pour la dimension humaine et correspondant à des préoccupations politiques actuelles. Le CHF éta- blira un programme de travail annuel dans lequel seront indiqués le titre et les dates de ces sémi- naires. L’ordre du jour et les modalités de chaque séminaire seront approuvés par le CHF au plus tard trois mois avant le séminaire. Ce faisant, le CHF prendra en considération les points de vue exprimés par le BIDDH. A moins qu’il n’en soit décidé autrement, les séminaires se tiendront au siège du BIDDH et dureront au maximum une semaine. Le programme de travail tiendra dûment compte des travaux conduits par les organisations et institutions internationales compétentes.

(18) Les séminaires seront organisés dans un esprit d’ouverture et de souplesse. Des organisations et institutions internationales compétentes pourront être invitées à participer et à contribuer aux travaux des séminaires. Il en va de même pour les ONG ayant une expérience pertinente. Les experts indépendants participant au séminaire en tant que membres d’une délégation nationale seront également libres de prendre la parole à titre individuel.

(19) Les séminaires de la CSCE comprendront des séances officielles et des séances informelles. Toutes les séances officielles seront publiques. Par ailleurs, les États participants pourront décider, au cas par cas, de rendre publiques des séances informelles.

(20) Les séminaires de la CSCE n’établiront pas de textes négociés ni de programmes de suivi.

(21) Les contributions des experts indépendants seront considérées comme des documents à dis- tribution non restreinte.

Rome 1993 (Décisions : IV. La dimension humaine)

(3) Le processus de consultation politique et les missions de la CSCE (…) • Une plus grande importance sera donnée aux questions concernant la dimension humaine dans les mandats des missions de la CSCE ainsi que dans les rapports de suivi des missions. A cette fin, le BIDDH se verra attribuer un rôle plus important dans la préparation des missions de la CSCE, entre autres dans la fourniture d’informations et d’avis aux missions conformé- ment à son expertise. (…)

4. Le Bureau des institutions démocratiques et des droits de l’homme

Les ministres ont décidé d’élargir les fonctions et les opérations du BIDDH. Celui-ci développera notamment ses activités, dans le cadre de son mandat, dans les domaines suivants :

41 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

• élaboration d’une base de données élargie concernant des experts des domaines relatifs à la dimen- sion humaine. Les États participants et les organisations non gouvernementales sont invités à faire connaître au BIDDH les experts disponibles dans les domaines relatifs à la dimension humaine ; (…) • coopération accrue avec les organisations internationales compétentes afin de coordonner les activités et de déterminer les éventuels domaines de collaboration ; • recueil des informations fournies par les ONG ayant une expérience pertinente dans le domaine de la dimension humaine ; • utilisation du BIDDH en tant que point de contact pour les informations fournies par les États participants conformément aux engagements de la CSCE ; • diffusion d’informations d’ordre général sur la dimension humaine et le droit humanitaire international.

Budapest 1994 (Décisions : VIII. La dimension humaine

8. Le BIDDH, en tant que principale institution de la dimension humaine, en consultation avec le Président en exercice, participera à titre consultatif aux discussions du Conseil supérieur et du Conseil permanent en faisant rapport à intervalles réguliers sur ses activités et en donnant des informations sur les questions de mise en œuvre. Le BIDDH fournira une documentation de réfé- rence pour l’examen annuel de la mise en œuvre et, en cas de besoin, précisera ou complétera les informations reçues. Agissant en étroite consultation avec le Président en exercice, le Directeur du BIDDH pourra proposer d’autres mesures.

9. Les États participants reconnaissent la nécessité d’une coopération renforcée par l’intermédiaire du BIDDH avec d’autres organisations et institutions internationales qui traitent de la dimen- sion humaine, notamment le Haut-Commissaire des Nations Unies aux droits de l’homme pour l’échange d’informations, y compris de rapports, et le lancement de nouvelles activités, comme l’expose le présent document.

10. Les États participants décident : (...) • D’assigner au BIDDH la fonction de centre d’échange des informations sur les questions rela- tives aux médias dans la région et d’encourager les gouvernements, les journalistes et les ONG à fournir au BIDDH des informations sur la situation des médias.

11. Le BIDDH sera consulté avant que soit adopté le mandat d’une mission de la CSCE et il contri- buera au suivi des rapports des missions en fonction des décisions du Conseil permanent. Les connaissances du BIDDH au sujet des experts de la dimension humaine devraient être mises à pro- fit pour compléter l’effectif des missions de la CSCE.

Ces missions chargeront également un de leurs membres d’assurer la liaison avec le BIDDH et avec les ONG sur des questions relatives à la dimension humaine. (…)

13. Les dispositions mentionnées au chapitre du présent document sur la dimension humaine ne modifient en rien les mandats du BIDDH et du HCMN.

42 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Séminaires du BIDDH

14. Le nombre de séminaires importants sur la dimension humaine sera ramené, en règle géné- 2 rale, à deux par an. Ces séminaires seront consacrés à des sujets présentant l’intérêt le plus large.

L’accent sera davantage mis sur les séminaires régionaux. Le cas échéant, ces séminaires feront par- tie du Programme d’appui coordonné. Il conviendrait d’obtenir la pleine participation des États de la région dans laquelle ils se tiennent. (...)

Budapest 1994 (Décisions : VIII. La dimension humaine

43. Ils ont décidé de renforcer encore la capacité du BIDDH à donner des avis autorisés sur les questions relevant de la dimension humaine au titre du Programme d’appui coordonné. En vue de répondre aux demandes de conseils émanant des États nouvellement indépendants concernés par tous les aspects de la démocratisation, ils ont décidé que le recours à des experts itinérants dans le cadre du Programme d’appui coordonné contribuerait à renforcer utilement le rôle du BIDDH.

Ljubljana 2005 (Décision N° 11/05 sur la promotion de l’éducation et de la formation aux droits de l’homme dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Charge le BIDDH, en se fondant sur les compétences et l’expérience acquises par les structures, les institutions et les opérations de terrain de l’OSCE, ainsi que par les États participants de l’OSCE : • d’élaborer, à l’intention des États participants, un recueil des meilleures pratiques pour renforcer la promotion de l’éducation et de la formation aux droits de l’homme, notamment la promotion de la tolérance, du respect mutuel et de la compréhension, ainsi que de la non-discrimination dans l’espace de l’OSCE.

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel (...),

Charge le BIDDH et autres structures pertinentes de l’OSCE :

D’aider les États participants à partager les exemples positifs, les compétences et les bonnes pra- tiques afin d’améliorer les systèmes de justice pénale ;

D’aider les États participants, sur leur demande, à renforcer la capacité institutionnelle des avocats de la défense à protéger et à défendre les droits de leurs clients.

Bruxelles 2006 (Décision N° 5/06 sur le crime organisé)

Le Conseil ministériel (...),

(d) Charge le Secrétaire général et le BIDDH d’informer régulièrement les États participants et de leur présenter un rapport écrit conjoint avant l’intersession d’été en 2007 sur l’exécution des tâches susmentionnées ;

43 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(e) Charge le Conseil permanent de prendre note du rapport susmentionné et d’envisager, le cas échéant, un éventuel suivi ; (f) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE dont le BIDDH, le cas échéant en concertation et en coopération avec d’autres organisations et institutions interna- tionales, d’être prêts à répondre aux propositions de projet et aux demandes de coopération éma- nant d’États participants et à envisager de faciliter des programmes de formation, dans le cadre de leurs mandats respectifs et dans la mesure où des contributions sont disponibles à cet effet ; (…)

II. Tâches-clés supplémentaires relatives aux élections

Rome 1993 (Décisions : IV. La dimension humaine)

4. Le Bureau des institutions démocratiques et des droits de l’homme

Les ministres ont décidé d’élargir les fonctions et les opérations du BIDDH. Celui-ci développera notamment ses activités, dans le cadre de son mandat, dans les domaines suivants : (…) • renforcement du rôle joué par le BIDDH dans l’observation globale des élections ; (...)

Budapest 1994 (Décisions : VIII. La dimension humaine)

12. Le BIDDH jouera un rôle accru dans l’observation des élections avant, pendant et après le scru- tin. Dans ce contexte, le BIDDH évaluera les conditions nécessaires à la liberté et à l’indépen- dance des médias.

Les États participants demandent que la coordination entre les divers organismes d’observation des élections soit améliorée et chargent le BIDDH de mettre en place, en consultation avec toutes les organisations intéressées, un cadre dans ce domaine.

En vue de renforcer la préparation et les procédures d’observation des élections, le BIDDH éta- blira un manuel pour les observateurs des élections et établira un calendrier à horizon mobile pour les élections à venir.

Maastricht 2003 (Décision N° 5/03 sur les élections)

Le Conseil ministériel (...),

Charge le BIDDH d’examiner les moyens d’améliorer l’efficacité de son assistance aux États par- ticipants pour le suivi des recommandations faites dans les rapports d’observation des élections par le BIDDH (...).

Bruxelles 2006 (Décision N° 19/06 sur le renforcement de l’efficacité de l’OSCE)

Le Conseil ministériel (...),

1. Remercie le BIDDH des travaux qu’il a menés au titre du paragraphe 2 de la Décision N° 17/05 du Conseil ministériel et prend note de son rapport distribué le 10 novembre 2006 ;

44 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

7. Reconnaît l’expertise que le BIDDH apporte en soutenant les États participants par ses activi- tés ayant trait aux élections, notamment en procédant à l’examen des législations électorales et à l’observation des élections ;

8. S’engage à développer plus avant les activités de l’OSCE relatives aux élections, (...)

10. Réaffirme les engagements des États participants à inviter aux élections des observateurs d’autres États participants, le BIDDH, l’Assemblée parlementaire de l’OSCE et les institutions et organisa- tions appropriées qui souhaitent les observer ; (…)

12. Reconnaît la nécessité constante d’assurer la responsabilité, l’objectivité, la transparence et le professionnalisme lors de l’observation des élections ;

13. Convient que le BIDDH devrait mettre en pratique les améliorations et recommandations concernant les activités ayant trait aux élections, notamment telles qu’elles figurent dans le rapport, et en particulier telles qu’énumérées ci-dessous, et qu’il soumettra régulièrement des rapports sur leur mise en œuvre, par l’intermédiaire de son Directeur, aux fins d’examen par le Conseil per- manent, en tant que de besoin : • Renforcer plus avant les méthodes d’observation et les programmes d’assistance ; • Assurer une couverture géographique aussi vaste que possible des activités du BIDDH dans le domaine des élections ; • Diversifier plus avant la participation des observateurs de courte durée, de longue durée et de « l’équipe noyau » d’observateurs par un appui accru d’un plus grand nombre d’États partici- pants, en encourageant les États participants à contribuer au fonds du BIDDH pour la diversi- fication des missions d’observation, en appuyant les activités de formation à l’échelon national et en développant des réseaux, s’étendant à l’ensemble de l’OSCE, de praticiens de l’observa- tion des élections ; • Accroître plus avant la transparence du recrutement des membres des équipes d’observation, tout en maintenant les normes professionnelles les plus élevées, notamment par une publicité active, la formation, des procédures compétitives et des listes ouvertes pour les chefs des mis- sions d’observation électorale et les membres de « l’équipe noyau », qui sont régulièrement com- muniquées aux États participants et disponibles sur des bases de données accessibles au public ; • Prêter la plus grande attention à l’indépendance, à l’impartialité et au professionnalisme de l’ob- servation des élections par le BIDDH ; • Renforcer l’ouverture linguistique et veiller à ce que les langues utilisées n’affectent en rien l’ef- ficacité de l’observation ;

14. Souligne que l’observation des élections est une entreprise commune à laquelle participent l’OSCE/BIDDH, l’Assemblée parlementaire de l’OSCE et d’autres institutions parlementaires ;

15. Reconnaît que la coopération étroite avec l’Assemblée parlementaire de l’OSCE renforce consi- dérablement la visibilité de l’action de l’OSCE en matière d’observation des élections, et demande

45 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

au BIDDH de continuer à travailler en partenariat avec l’Assemblée parlementaire lors des mis- sions d’observation des élections sur la base de l’Accord de coopération de 1997 ; (…)

III. Point de contact du BIDDH pour les questions concernant les Roms et les Sintis

Voir aussi I. 2.3.4.A.IV : Tâches-clés supplémentaires relatives à la tolérance et la non-discrimination, y compris les questions Rom et Sinti

Budapest 1994 (Décisions : VIII. La dimension humaine

23. Les États participants décident de désigner, à l’intérieur du BIDDH, un point de contact pour les questions concernant les Roms et les Sinti (Tziganes). Le BIDDH devra : • Servir de centre d’échange des informations sur les questions concernant les Roms et les Sinti (Tziganes), y compris les informations sur la mise en œuvre des engagements concernant les Roms et les Sinti (Tziganes) ; • Faciliter les contacts sur les questions concernant les Roms et les Sinti (Tziganes) entre États participants, organisations et institutions internationales et ONG ; • Maintenir et élargir les contacts sur ces questions entre les institutions de la CSCE et d’autres organisations et institutions internationales.

Pour remplir ces tâches, le BIDDH utilisera pleinement les ressources existantes. Dans ce contexte, les États membres se félicitent que certaines organisations de Roms et de Sinti (Tziganes) aient annoncé leur intention d’apporter des contributions volontaires.

24. Les États participants se félicitent des activités relatives aux Roms et aux Sinti (Tziganes) menées dans le cadre d’autres organisations et institutions internationales, en particulier au Conseil de l’Europe.

Oslo 1998 Décision sur le renforcement des capacités de l’OSCE pour les questions concernant les Roms et les Sintis)

Le Conseil ministériel,

Ayant à l’esprit les engagements actuels de l’OSCE en ce qui concerne les Roms et les Sintis, et

Rappelant la décision prise au Sommet de Budapest de désigner, au sein du BIDDH, un point de contact pour les questions concernant les Roms et les Sintis (Tziganes),

1. Décide d’accroître la capacité de l’OSCE en la matière en renforçant le point de contact actuel du BIDDH pour les questions concernant les Roms et les Sintis. Qui aura notamment les priori- tés suivantes : • renforcer l’interaction de l’OSCE avec les gouvernements des États participants, avec les repré- sentants des communautés de Roms et de Sintis, de même qu’avec les organisations internatio- nales, les initiatives et les organisations non gouvernementales (ONG) en ce qui concerne les questions des Roms et des Sintis, et en particulier, obtenir un nouveau renforcement mutuel

46 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

de la coopération avec le Coordonnateur pour les Roms au Conseil de l’Europe en vue d’éviter toute répétition d’efforts, en prévoyant notamment des consultations régulières avec ces orga- nisations, initiatives et ONG afin d’exploiter les effets de synergie et d’élaborer des approches 2 communes propres à faciliter la pleine intégration des communautés de Roms et de Sintis dans les sociétés au sein desquelles elles vivent, tout en préservant leur identité ; • renforcer la coopération entre les institutions de l’OSCE et les missions ou présences sur le ter- rain en ce qui concerne les Roms et les Sintis, le cas échéant ; • élaborer, en se basant sur l’apport des États participants, des institutions de l’OSCE, et en par- ticulier du Haut-Commissaire pour les minorités nationales, des communautés de Roms et de Sintis, des ONG, des organisations internationales et d’autres institutions ou initiatives, un pro- gramme de travail qui devrait inclure, entre autres, des séminaires, des ateliers ou des centres d’échange d’information ; • recueillir auprès des États participants des informations sur les mesures législatives et autres concernant la situation des Roms et des Sintis afin de les mettre à la disposition de la commu- nauté de l’OSCE, de même que d’autres organisations internationales intéressées, et d’élaborer des rapports supplémentaires sur la situation des Roms et des Sintis dans la région de l’OSCE.

2. Décide en outre que le point de contact ne devrait s’occuper que des questions concernant les Roms et les Sintis.

Maastricht 2003 (Annexe à la Décision N° 2/03 sur la lutte contre la traite des êtres humains ; Plan d’action de l’OSCE pour lutter contre la traite des êtres humains)

Action des institutions et organes de l’OSCE

6. Collecte de données et études (...) 6.2 Charger le point de contact du BIDDH pour les questions concernant les Roms et les Sintis de continuer à recueillir des données concernant la traite des êtres humains, en particulier des enfants, et ses conséquences sur les communautés de Roms et de Sintis.

Maastricht 2003 Annexe à la Décision N° 3/03 Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

III Lutte contre le racisme et la discrimination

Législation et mesures visant à en assurer le respect

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

23. Le BIDDH/Point de contact pour les questions concernant les Roms et les Sintis s’emploiera à promouvoir de meilleures relations entre les organisations non gouvernementales (ONG) roms et sintis et les États participants.

24. Le Point de contact du BIDDH servira de centre d’échange d’informations sur les initiatives entreprises par les États participants et facilitera les échanges d’informations sur les meilleures pratiques.

47 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

25. En étroite coopération avec les États participants, avec les communautés roms et sintis et, si possible, avec d’autres organisations internationales, et en respectant pleinement les lois sur la pro- tection des données personnelles, le Point de contact du BIDDH recueillera des informations aux fins de l’élaboration de politiques mieux ciblées.

Police

Mesures recommandées aux institutions et aux structures de l’OSCE : (…) 34. Le Point de contact du BIDDH et l’Unité pour les questions stratégiques de police élaboreront, dans le cadre de leurs mandats respectifs, un recueil des « meilleures pratiques » de la police dans l’espace de l’OSCE en ce qui concerne le maintien de l’ordre et les communautés roms et sintis. 35. Le HCMN, le Point de contact du BIDDH et l’Unité pour les questions stratégiques de police prêteront leur concours aux États participants pour l’élaboration de codes de conduite visant à empêcher le profilage racial et à améliorer les relations interethniques.

IV. Traitement des problèmes socio-économiques

Conditions de logement et de vie

Mesures recommandées aux institutions et aux structures de l’OSCE :

47. Le Point de contact du BIDDH et le Bureau du Coordonnateur sont encouragés à jouer un rôle accru en facilitant la communication d’informations sur les ressources mises à disposition par des donateurs étrangers pour des projets déterminés, en particulier ceux émanant de groupes roms et sintis, qui ont trait au développement socio-économique des communautés roms et sintis, ainsi que l’accès à ces ressources.

Chômage et problèmes économiques

Mesures recommandées aux institutions et aux structures de l’OSCE :

54. A la demande des États participants, le Point de contact du BIDDH et le Bureau du Coordon- nateur soutiendront le développement de l’employabilité et de l’esprit d’entreprise des Roms et des Sintis, en mettant sur pied des programmes de formation et de recyclage dans les États participants. Les pratiques ayant donné de bons résultats, notamment en ce qui concerne le développement de l’es- prit d’entreprise et les petites et moyennes entreprises (PME) (par exemple, le programme de sémi- naires pour jeunes entrepreneurs) pourraient être adaptées aux besoins des Roms et des Sintis. (…)

56. Le Point de contact du BIDDH et le Bureau du Coordonnateur mettront à profit les études effectuées par le PNUD et d’autres organisations pour évaluer les besoins des Roms et des Sin- tis en vue de promouvoir des politiques qui tiennent compte de l’étendue et de la nature de leurs besoins particuliers dans chaque État participant.

57. En coordination avec les organisations internationales compétentes (en particulier, le PNUD et la Banque mondiale), le Point de contact du BIDDH et le Bureau du Coordonnateur étudieront des moyens d’améliorer l’accès des Roms et des Sintis aux programmes normaux de formation. Des débats dans le cadre d’ateliers ou de tables rondes adaptés aux besoins des Roms et des Sintis

48 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

pourront être organisés en vue d’informer et d’éduquer les membres de ces communautés en ce qui concerne les droits économiques et sociaux des individus et des entrepreneurs. 2 Soins médicaux

Mesures recommandées aux institutions et aux structures de l’OSCE :

(…)

65. Le Point de contact du BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opérations de terrain, aideront les États participants à lancer des initiatives péda- gogiques pour aider les Roms et les Sintis à tirer pleinement parti des services médicaux ordi- naires. Ils collecteront, produiront et diffuseront notamment des informations pertinentes sur les bonnes pratiques.

66. Le Point de contact du BIDDH veillera avec une attention particulière à ce que les Roms et les Sintis aient accès aux programmes de prévention et/ou de traitement de l’abus des drogues et de la toxicomanie, ainsi que du SIDA et des maladies connexes.

VII. Roms et les Sintis dans des situations de crise et d’après crise (…)

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

114. Conformément à son mandat, le Point de contact du BIDDH est invité à réagir efficacement aux situations de crise, notamment en coopérant avec les gouvernements, les organes intergouver- nementaux et les organisations internationales compétents, en particulier le HCR, afin d’assurer la protection des communautés roms en situation de risque.

115. Le Point de contact du BIDDH s’attachera à sensibiliser davantage les agents publics, les journa- listes et d’autres personnes à la situation des Roms et des Sintis dans les zones de crise ou de conflit.

VIII. Renforcement de la coopération et de la coordination avec d’autres organisations et ONG internationales Le Point de contact du BIDDH continuera à participer activement au Groupe de contact informel des organisations intergouvernementales sur les questions concernant les Roms.* (…)

121. Le Point de contact du BIDDH s’attachera à consolider le « Groupe de contact international des Roms »† et continuera à contribuer à l’initiative du Conseil de l’Europe visant à créer un Forum européen pour les Roms et les voyageurs.

* Le Groupe de contact informel des organisations intergouvernementales sur les questions concernant les Roms est composé de représentants de l’OSCE/BIDDH, du Conseil de l’Europe, de la Commission européenne et de l’Union européenne. † Le Groupe de contact international des Roms a été créé en octobre 2000 à l’initiative du Point de contact du BIDDH pour les questions concernant les Roms et les Sintis. Le Groupe de contact comprend des représen- tants de l’Union internationale des Roms, du Congrès national des Roms, des représentants élus des Roms, des experts roms et le Point de contact du BIDDH.

49 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

122. Le Point de contact du BIDDH fournira des informations et des services de coordination aux institutions nationales et internationales compétentes, et il facilitera le dialogue entre ces der- nières et avec les ONG roms.

123. Le Point de contact du BIDDH s’emploiera à renforcer ses relations avec les organisations roms et sintis et les aidera à coordonner leurs efforts et leurs ressources, tant dans chacun des États qu’au-delà des frontières, et à tirer pleinement parti des possibilités qu’offrent les politiques natio- nales et internationales en vigueur concernant les Roms et les Sintis.

124. Le Point de contact du BIDDH tirera parti de l’expérience et de l’apport des projets de suivi existants élaborés par d’autres organisations internationales.

IX. Point de contact du BIDDH pour les questions concernant les Roms et les Sintis

125. En cas de besoin, le Point de contact du BIDDH facilitera l’échange d’informations entre les États participants de l’OSCE qui ont élaboré des politiques nationales concernant les Roms et les Sintis ou qui cherchent à les améliorer.

126. Sur demande, le Point de contact du BIDDH conseillera les États participants sur les poli- tiques à adopter à l’avenir en ce qui concerne les Roms et les Sintis et favorisera le débat entre les gouvernements et les ONG roms.

127. Le Point de contact du BIDDH apportera son soutien au renforcement des capacités des ONG roms et sintis.

128. Le Point de contact créera une base de données des meilleures pratiques dans les États par- ticipants de l’OSCE.

129. Le Point de contact du BIDDH devrait jouer un rôle actif dans l’analyse des mesures prises par les États participants, ainsi que lors de situations particulières et d’incidents concernant les Roms et les Sintis. A cette fin, le Point de contact établira et entretiendra des contacts directs avec les États participants et leur offrira des conseils et des avis.

130. Les gouvernements concernés coopéreront avec le Point de contact du BIDDH à l’identifica- tion de solutions efficaces aux situations de crise.

131. Le Point de contact du BIDDH fournira aux communautés roms et sintis davantage d’infor- mations sur les ressources et les activités de l’OSCE.

132. En coopération avec les institutions et les structures compétentes de l’OSCE, le BIDDH prendra des mesures appropriées pour s’attaquer aux causes profondes de la traite des êtres humains, en par- ticulier des enfants, et sensibilisera davantage les communautés roms et sintis à ses conséquences. (…)

138. Le Point de contact du BIDDH diffusera des informations sur ce Plan auprès des commu- nautés et des organisations roms et sintis, ainsi qu’auprès d’autres organisations internationales.

50 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Médias

Mesures recommandées aux institutions et aux structures de l’OSCE : 2 (…)

41. Le Point de contact du BIDDH et le Représentant pour la liberté des médias organiseront des tables rondes avec des journalistes sur l’image des communautés roms et sintis dans la société.

VI. Accroissement de la participation à la vie publique et politique

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

100. Le Point de contact du BIDDH devrait aider à organiser des formations dispensées par et pour des ONG roms, notamment des organisations de médias, à l’intention des communautés roms sur la question des processus et de la participation démocratiques. (…)

105. Le Point de contact du BDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opérations de terrain, mettront au point des programmes pour encourager les repré- sentants des Roms et des Sintis à se porter candidats à des fonctions au sein d’organes élus ou identifieront des solutions créatives qui permettraient d’assurer leur participation aux processus décisionnels nationaux et locaux.

Kiev 2013 (Décision no 4/13 sur le renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, un accent particulier étant mis sur les femmes, les jeunes et les enfants roms et sintis)

5. D’encourager les structures exécutives compétentes de l’OSCE à intensifier leurs activités des- tinées à renforcer les capacités des organisations de femmes et de jeunes roms et sintis, en vue de favoriser l’autonomisation, l’éducation et la non-discrimination parmi les femmes et les jeunes roms et sintis, ainsi que d’encourager la participation des femmes et des jeunes roms et sintis sur un pied d’égalité avec les hommes dans tous les domaines qui les intéressent ;

IV. Tâches-clés supplémentaires relatives à la tolérance et la non‑discrimination, y compris les questions Rom et Sinti

Voir aussi I. 2.3.4.A.III : Point de contact du BIDDH pour les questions concernant les Roms et les Sintis

Rome 1993 (Décisions : X. Déclaration sur le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme)

1. Rappelant les décisions qu’ils ont prises à la Réunion de Stockholm du Conseil, les ministres ont noté avec une profonde préoccupation la multiplication des manifestations de nationalisme agressif, telles que l’expansionnisme territorial, ainsi que de racisme, de chauvinisme, de xéno- phobie et d’antisémitisme. (...)

51 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

6. Les ministres ont décidé de garder cette question dûment inscrite à l’ordre du jour de la CSCE et ont donc décidé : (...)

de demander au BIDDH d’accorder une attention spéciale à ces phénomènes et de consacrer les ressources voulues à l’examen de ces problèmes.

Budapest 1994 (Décisions : VIII. La dimension humaine

25. Les États participants condamnent les manifestations d’intolérance, en particulier de natio- nalisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme,, et ils continue- ront à promouvoir les mesures efficaces en vue d’éradiquer ces fléaux de la société. Ils demandent au BIDDH de continuer à porter une attention particulière à ces phénomènes en rassemblant des informations sur leurs diverses manifestations dans les États participants.

Bucarest 2001 (Décision N° 5/01)

Le Conseil ministériel (...),

Invite les institutions de l’OSCE, et en particulier le Bureau des institutions démocratiques et des droits de l’homme, le Haut-Commissaire pour les minorités nationales et le Représentant de l’OSCE pour la liberté des médias à porter une attention accrue aux manifestations de nationalisme agres- sif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent, à lutter contre l’intolérance et la discrimination fondée sur l’origine raciale ou ethnique, ou des opinions religieuses, politiques ou autres et à encourager le respect de l’état de droit, des valeurs démo- cratiques, des droits de l’homme et des libertés fondamentales, y compris la liberté d’expression, de pensée, de conscience, de religion ou de conviction.

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

III Lutte contre le racisme et la discrimination

Législation et mesures visant à en assurer le respect

Mesures recommandées aux institutions et aux structures de l’OSCE :

20. Le BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris les opéra- tions de terrain de l’OSCE, prêteront leur concours aux États participants, à leur demande, pour l’élaboration d’une législation antidiscrimination, et pour l’établissement d’organes chargés de lut- ter contre la discrimination. (…)

22. Sur demande, le BIDDH fournira des conseils aux États participants sur la manière dont leurs mécanismes existants, comme les bureaux du médiateur, les commissions chargées de lutter contre la discrimination, la police, les commissions disciplinaires et d’autres organes compétents peuvent atténuer les tensions entre les Roms et les Sintis et les autres communautés.

52 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Police

Mesures recommandées aux institutions et aux structures de l’OSCE : 2 33. L’Unité pour les questions stratégiques de police au sein du Secrétariat et le BIDDH prêteront leur concours aux États participants pour l’élaboration de programmes et de mesures de renfor- cement de la confiance — comme la police de proximité — afin d’améliorer les relations entre les Roms et les Sintis et la police, en particulier au niveau local.

Médias

Mesures recommandées aux institutions et aux structures de l’OSCE :

39. En coopération avec le BIDDH et avec les organisations internationales compétentes, le Repré- sentant pour la liberté des médias devrait examiner comment l’OSCE pourrait contribuer à l’éta- blissement d’une radio européenne des Roms qui émettrait dans toute l’Europe. Le BIDDH et le Représentant pour la liberté des médias devraient organiser des débats publics, des campagnes antidiscrimination et des programmes de formation communs avec les médias et à leur intention. (…)

Soins médicaux

Mesures recommandées aux institutions et aux structures de l’OSCE :

64. En coopération avec d’autres organisations internationales et des ONG, le BIDDH mettra à profit les données de recherche existantes pour déterminer les facteurs socio‑économiques, politiques et culturels qui influent sur l’état de santé de populations roms et sintis particulières, et donnera des avis aux États participants sur les programmes de santé publique qui répondraient aux besoins recensés.

VI. Accroissement de la participation à la vie publique et politique

Mesures recommandées aux institutions et aux structures de l’OSCE :

99. Le BDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, notamment ses opéra- tions de terrain, élaboreront des programmes visant à faciliter l’inscription nécessaire pour par- ticiper pleinement à la vie politique. (…)

101. Le BIDDH et, s’il y a lieu, d’autres institutions et structures de l’OSCE, y compris ses opéra- tions de terrain, élaboreront et mettront en œuvre des programmes d’éducation et d’inscription des électeurs.

102. Le BIDDH favorisera les échanges d’informations et de meilleures pratiques entre les États participants et d’autres organisations internationales.

103. Le BIDDH poursuivra et renforcera la pratique consistant à observer la participation des Roms aux scrutins et aux processus électoraux, et continuera à inclure des experts roms et sintis dans ses missions d’observation électorale dans l’espace de l’OSCE. (…)

53 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

106. Le BIDDH accordera une attention particulière aux activités visant à améliorer l’accès des femmes roms à tous les domaines de la vie publique et politique.

VII. Roms et les Sintis dans des situations de crise et d’après crise

Mesures recommandées aux institutions et aux structures de l’OSCE :

113. Le BIDDH mettra à profit son rôle spécifique dans le domaine de la prévention des conflits et de l’identification des régions potentielles de crise qui requièrent une intervention précoce. (…)

116. Le BIDDH s’emploiera activement à analyser les mesures prises par les États participants à l’égard des Roms et des Sintis et offrira ses conseils en vue de mieux s’attaquer à ces éléments de tension dans des situations locales particulières qui peuvent dégénérer, si rien n’est fait pour l’empêcher, en situations de conflit ouvert.

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

6. Encourage tous les États participants à recueillir et à conserver des informations et des sta- tistiques fiables sur les crimes inspirés par la haine, notamment sur les manifestations violentes de racisme, de xénophobie, de discrimination et d’antisémitisme, comme évoqué et recommandé lors des conférences susmentionnées. Reconnaissant l’importance de la législation visant à lutter contre les crimes inspirés par la haine, les États participants informeront le BIDDH de la législa- tion existante sur les crimes découlant de l’intolérance et de la discrimination et, le cas échéant, solliciteront l’assistance du BIDDH pour la rédaction et la révision d’une telle législation ;

7. Charge le BIDDH, en coopération, notamment, avec le Comité des Nations Unies sur l’élimina- tion de la discrimination raciale (CERD), la Commission européenne contre le racisme et l’into- lérance (ECRI) et l’Observatoire européen des phénomènes racistes et xénophobes (EUMC), ainsi que les ONG compétentes, de recueillir les informations et les statistiques rassemblées par les États participants et de faire rapport régulièrement sur ces questions, notamment dans le cadre de la Réunion sur la mise en œuvre des engagements concernant la dimension humaine, afin de déter- miner les priorités futures. Le BIDDH encouragera, notamment, les meilleures pratiques et diffu- sera les leçons acquises dans la lutte contre l’intolérance et la discrimination ; (…)

16. Charge le Conseil permanent, le BIDDH, le Haut-Commissaire pour les minorités nationales et le Représentant pour la liberté des médias d’assurer, en étroite coopération avec la Présidence en exercice, un suivi efficace des dispositions pertinentes de la présente décision, et demande au Conseil permanent d’étudier les modalités d’application, et de financement nécessaires à la mise en œuvre de la présente décision.

54 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 607 : Lutte contre l’antisémitisme) 2 Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre l’antisémitisme dans toute la région de l’OSCE,

Décide (...)

2. De charger le BIDDH de : • Suivre de près, en pleine coopération avec d’autres institutions de l’OSCE ainsi qu’avec le Comité pour l’élimination de la discrimination raciale de l’ONU (CERD), la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen des phénomènes racistes et xénophobes (EUMC) ainsi que d’autres institutions internationales et ONG pertinentes, les incidents antisémites survenus dans l’espace de l’OSCE au moyen de toutes les informations fiables dont ils disposent ; • Lui faire rapport sur ses conclusions ainsi qu’à la Réunion sur la mise en œuvre des engage- ments concernant la dimension humaine et de rendre ces conclusions publiques. Ces rapports devraient également être pris en compte lors de la fixation des priorités de travail de l’OSCE dans le domaine de l’intolérance ; • Recueillir et diffuser systématiquement dans tout l’espace de l’OSCE des informations sur les meilleures pratiques visant à prévenir l’antisémitisme et y faire face, et sur demande, offrir des conseils aux États participants dans leurs efforts de lutte contre l’antisémitisme ; (…)

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 621 : Tolérance et lutte contre le racisme, la xénophobie et la discrimination)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,

Décide (...)

2. De charger le BIDDH de : • Suivre de près, en pleine coopération avec d’autres institutions de l’OSCE ainsi qu’avec le Comité pour l’élimination de la discrimination raciale de l’ONU (CERD), le Haut-Commissariat des Nations Unies aux droits de l’homme (HCDH), la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen des phénomènes racistes et xénophobes (EUMC) ainsi que d’autres institutions internationales et ONG pertinentes, les incidents motivés par le racisme, la xénophobie ou l’intolérance qui y est associée, notamment envers les musulmans, et l’antisémitisme dans l’espace de l’OSCE au moyen de toutes les informations fiables dont ils disposent ; • Lui faire rapport sur ses conclusions ainsi qu’à la Réunion sur la mise en œuvre des engage- ments concernant la dimension humaine et de rendre ces conclusions publiques. Ces rapports

55 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

devraient également être pris en compte lors de la fixation des priorités de travail de l’OSCE dans le domaine de l’intolérance ; • Recueillir et diffuser systématiquement dans tout l’espace de l’OSCE les informations sur les meilleures pratiques visant à prévenir le racisme, la xénophobie et la discrimination et y faire face, et sur demande, offrir des conseils aux États participants dans leurs efforts de lutte contre le racisme, la xénophobie et la discrimination ; • Appuyer les capacités de la société civile et le développement de partenariats pour combattre le racisme, la xénophobie, la discrimination ou l’intolérance qui y est associée, notamment envers les musulmans, et l’antisémitisme. (...)

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination) Promouvoir le respect mutuel et la compréhension)

Le Conseil ministériel (...),

6. Charge le BIDDH : 6.1 De prêter son concours aux États participants, sur leur demande, pour mettre au point des méthodes et capacités appropriées de collecte et de mise à jour d’informations et de statistiques fiables sur les crimes de haine et les manifestations violentes d’intolérance et de discrimination, afin de les aider à recueillir des données et statistiques comparables ; 6.2 De poursuivre sa coopération avec d’autres structures et institutions de l’OSCE ainsi qu’avec le Comité des Nations Unies pour l’élimination de la discrimination raciale (CERD), le Haut-Com- missariat des Nations Unies aux droits de l’homme, la Commission européenne contre le racisme et l’intolérance (ECRI), l’Observatoire européen du racisme et de la xénophobie, le Groupe d’ac- tion international pour la coopération sur l’éducation, la mémoire et la recherche sur l’Holocauste, et avec d’autres institutions pertinentes et la société civile, notamment des organisations non gou- vernementales ; 6.3 De continuer, par l’intermédiaire de son Groupe consultatif d’experts sur la liberté de religion ou de conscience, à fournir un appui aux États participants, sur leur demande, dans leurs efforts visant à promouvoir la liberté de religion ou de conscience, et de partager les conclusions et opi- nions du groupe avec les États participants de l’OSCE, tant au niveau bilatéral que lors des confé- rences et réunions pertinentes de l’OSCE ; (…)

Ljubljana 2005 (Décision N° 11/05 sur la promotion de l’éducation et de la formation aux droits de l’homme dans l’espace de l’OSCE)

Le Conseil ministériel (...),

56 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels) 2 Le Conseil ministériel (...),

14. Encourage le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), sur la base des engagements existants, notamment par le biais de la coopération avec les structures exécutives concernées de l’OSCE : (a) A renforcer encore les activités de son Programme pour la tolérance et la non-discrimination, en particulier ses programmes d’assistance, afin d’aider, à leur demande, les États participants à mettre en œuvre leurs engagements ; (b) A renforcer encore les activités du Groupe consultatif d’experts du BIDDH sur la liberté de reli- gion ou de conscience visant à fournir appui et assistance spécialisée aux États participants ; (c) A poursuivre son étroite coopération avec les autres organismes intergouvernementaux com- pétents et la société civile œuvrant dans le domaine de la promotion du respect et de la compré- hension mutuels et de la lutte contre l’intolérance et la discrimination, notamment en rassemblant des données sur les crimes de haine ; (d) A continuer de servir de centre de collecte des informations et statistiques fournies par les États participants sur les crimes de haine et la législation en la matière et à publier ces informations par l’intermédiaire de son Système d’information sur la tolérance et la non-discrimination et de son rapport sur les défis et réponses aux incidents motivés par la haine dans la région de l’OSCE ; (e) A renforcer, dans le cadre des ressources existantes, sa fonction d’alerte précoce pour détecter et signaler les incidents et tendances motivés par la haine et sensibiliser à leur sujet, et à fournir recommandations et assistance aux États participants, à leur demande, dans les domaines où des réponses plus adaptées sont nécessaires ; (…)

Helsinki 2008 Décision N° 6/08 sur le renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE

Le Conseil ministériel (...),

Résolu à renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, (…)

2. Demande au BIDDH, dans les limites des ressources existantes, d’apporter son concours aux États participants à leur demande pour promouvoir l’accès des enfants roms et sintis à l’éduca- tion précoce. À cet égard, invite instamment les États participants à entreprendre s’il y a lieu des initiatives de sensibilisation, incluant également les communautés roms et sintis, aux avantages de l’éducation précoce ; (…)

57 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis)

Le Conseil ministériel (...),

6. Charge le BIDDH, en coopération et en coordination avec le Haut-Commissaire pour les minori- tés nationales et le Représentant pour la liberté des médias ainsi que les autres structures exécutives compétentes de l’OSCE, dans les limites de leurs mandats et des ressources existantes, de continuer d’aider les États participants à combattre les actes de discrimination et de violence à l’égard des Roms et des Sintis, de lutter contre les stéréotypes négatifs des Roms et des Sintis dans les médias en tenant compte des engagements pertinents de l’OSCE en matière de liberté des médias, et de mettre intégralement en œuvre les engagements de l’OSCE ayant trait en particulier à l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ainsi que de relever les défis liés à une intégration durable et réussie des Roms et des Sintis ; (…)

8. Charge le BIDDH, en consultation avec les États participants et en coopération étroite avec les autres institutions compétentes de l’OSCE, dans les limites de leurs mandats, d’élaborer et de mettre en œuvre des projets pertinents consacrés à la question de l’éducation précoce des Roms et des Sintis, tels que des projets visant à former des enseignants et à remédier à la faible fréquentation scolaire ;

9. Encourage les institutions compétentes de l’OSCE à renforcer leur coopération et leur coordi- nation avec d’autres acteurs internationaux compétents comme le Conseil de l’Europe et l’Union européenne, selon qu’il conviendra, et avec les acteurs de la société civile s’occupant des questions relatives aux Roms et aux Sintis ;

10. Invite le Directeur du BIDDH à tenir les États participants informés des activités menées par le Bureau pour aider les États participants à promouvoir une intégration durable des Roms et des Sintis à l’occasion de ses rapports périodiques au Conseil permanent.

Athènes 2009 (Décision N° 9/09 sur la lutte contre les crimes de haine)

Le Conseil ministériel (...),

12. Charge le BIDDH d’étudier, dans le cadre de consultations avec les États participants et en coo- pération avec les organisations internationales et les partenaires de la société civile compétents, le lien qui existe éventuellement entre l’utilisation d’Internet et la violence motivée par des préju- gés et le tort qu’elle cause ainsi que les mesures pratiques qui pourraient être prises ;

13. Invite le Directeur du BIDDH à tenir les États participants informés des activités menées par le Bureau pour aider les États participants à lutter contre les crimes de haine à l’occasion de ses rapports périodiques au Conseil permanent.

Bâle 2014 (Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme)

Nous appelons le BIDDH :

À fournir aux États participants les meilleures pratiques en matière d’efforts de lutte contre l’an- tisémitisme, notamment en consultant la société civile, afin d’identifier efficacement les manifes- tations contemporaines d’antisémitisme et de réagir en conséquence ;

58 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

À faciliter la coopération entre les responsables gouvernementaux et la société civile sur les ques- tions liées à l’antisémitisme, y compris les crimes de haine et la mémoire de l’Holocauste ; 2 À aider les États participants dans leurs efforts de collecte de données sur les crimes de haine anti- sémites, en coopération avec la société civile, en tant que de besoin ;

À faciliter l’échange des meilleures pratiques entre les États participants sur les initiatives éduca- tives et d’autres mesures prises pour sensibiliser à l’antisémitisme et surmonter les obstacles à l’en- seignement de l’Holocauste ;

À promouvoir le dialogue et renforcer la capacité de la société civile de favoriser le respect et la compréhension réciproques afin de faire avancer la cause de la coopération entre différentes com- munautés.

V. Tâches-clés supplémentaires relatives à la parité homme-femme

Sofia 2004 (Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes)

V. Appui aux États participants de l’OSCE pour la mise en œuvre des engagements pertinents visant à promouvoir l’égalité entre les femmes et les hommes (…)

44. Priorités (a) Élaborer des projets dans les États participants de l’OSCE n’accueillant pas de mission • Dans les pays où il n’y a pas de mission, le BIDDH identifiera des projets visant à appuyer les mesures dans les domaines de la prévention de la violence à l’encontre des femmes, de la pro- motion des femmes dans les sphères publique, politique et économique, et de l’appui à l’inté- gration d’une démarche soucieuse de l’égalité entre les sexes. (b) Garantir un cadre juridique et politique non discriminatoire • Le BIDDH, en coopération avec d’autres organisations internationales et organes et institutions nationaux concernés, aidera les États participants de l’OSCE à se conformer aux instruments internationaux pour promouvoir la parité des sexes et les droits des femmes, et à revoir la légis- lation afin d’apporter les garanties juridiques appropriées pour la promotion de la parité des sexes, conformément aux engagements pris par l’OSCE et à d’autres engagements ; • Le BIDDH contribuera à l’élaboration et à la mise en œuvre de programmes et d’activités spéci- fiques visant à promouvoir les droits de la femme, à renforcer le rôle des femmes à tous les niveaux de la prise de décisions et à promouvoir l’égalité entre les femmes et les hommes dans tout l’es- pace de l’OSCE, notamment par l’éducation à une sensibilisation aux différences entre les sexes ; • Le BIDDH contribuera à la mise en œuvre et à l’évaluation de stratégies et de plans d’action nationaux sur les mesures visant à promouvoir l’égalité entre les sexes et à intégrer une pers- pective tenant compte de différences entre les sexes ; (…)

59 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(d) Assurer l’égalité des chances en vue de la participation des femmes à la vie politique et publique • Le BIDDH aidera les États participants à mettre en œuvre des mesures efficaces permettant d’as- surer la pleine participation des femmes aux processus démocratiques et aidera à définir des pra- tiques optimales en vue de leur mise en œuvre ; • Le BIDDH et les opérations de terrain de l’OSCE aideront, le cas échéant, à mettre en place des capacités et des compétences locales sur les questions relatives à la parité des sexes, ainsi que des réseaux unissant les dirigeants de communautés et les responsables politiques ; • Le BIDDH continuera à aider les États participants à promouvoir la participation politique des femmes. Il continuera, dans le cadre de sa mission d’observation des élections, à suivre la par- ticipation des femmes dans les processus électoraux et à en faire rapport. De plus, si possible, le BIDDH commandera et publiera des rapports qui analysent spécifiquement la situation des femmes dans les processus électoraux ; (g) Élaborer de mécanismes nationaux pour l’avancement des femmes • Le BIDDH continuera à apporter son savoir-faire et son appui à l’instauration d’institutions démocratiques visant à faire progresser l’égalité entre les sexes, par exemple par des bureaux de médiateur aux niveaux local et national, le cas échéant ; • Le BIDDH facilitera le dialogue et la coopération entre la société civile, les médias et le gouver- nement dans la promotion d’une approche intégrée de l’égalité entre les sexes.

VI. Tâches-clés supplémentaires relatives à la lutte contre la traite des êtres humains

Vienne 2000 (Décision sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains)

Le Conseil ministériel (...),

7. Demande aux institutions de l’OSCE, en particulier au BIDDH, et aux opérations sur le terrain d’élaborer et de mettre en œuvre des programmes de lutte contre la traite et de promouvoir des efforts coordonnés dans les domaines de la prévention, des poursuites et de la protection, en coo- pération avec les organisations non gouvernementales de même qu’avec les organisations interna- tionales et autres institutions compétentes ; (…)

13. Prie le Secrétariat de l’OSCE, agissant en coopération avec le BIDDH, de faire une plus grande part à la formation en matière de lutte contre la traite dans ses programmes d’initiation à l’in- tention du personnel hors siège de l’OSCE, afin que ce personnel soit mieux à même de suivre le problème de la traite, d’en rendre compte et d’y répondre dans le cadre des activités normales de l’OSCE ; et de sensibiliser les institutions et le personnel de l’OSCE aux problèmes de la traite ; ces programmes de formation devraient être également mis à la disposition des États participants et d’autres organisations internationales ; (…)

60 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Maastricht 2003 (Annexe à la Décision N° 2/03 sur la lutte contre la traite des êtres humains ; Plan d’action de l’OSCE pour lutter contre la traite des êtres humains) 2 III. Enquêtes, détection, répression et poursuites (…)

9. Examen et réforme de la législation 9.1 Le BIDDH et, s’il y a lieu, les opérations de terrain, continueront à promouvoir et à appuyer les efforts visant à examiner et à réformer la législation conformément aux normes internationales. (…)

(10.4) Dans le cadre de l’assistance qu’il apporte à l’élaboration de mécanismes nationaux d’orienta- tion, le BIDDH continuera à promouvoir et à encourager la coopération entre les services de détec- tion et de répression et la société civile. (…)

12. Formation 12.1 Le BIDDH et l’Unité de l’OSCE pour les questions stratégiques de police continueront à éla- borer, à l’intention des services de détection et de répression, des matériels de formation sur la traite des êtres humains et les enquêtes sur les crimes sexuels, à examiner avec l’International Law Enforcement Academy (ILEA), à Budapest, la possibilité d’incorporer cette formation dans les programmes de l’ILEA, à sélectionner des formateurs pour assurer la formation en matière de détection et de répression, et à contribuer au financement de séances de formation à l’intention des services de détection et de répression dans les États participants de l’OSCE.

IV. Prévention de la traite des êtres humains

8. Activités de sensibilisation 8.1 Le Bureau du Coordonnateur des activités économiques et environnementales et, s’il y a lieu, les opérations de terrain continueront à contribuer aux efforts de recherche, ainsi qu’à promou- voir et à mener des initiatives de sensibilisation en coopération avec les partenaires concernés dans tout l’espace de l’OSCE. 8.2 (...) Le Bureau du Coordonnateur des activités économiques et environnementales, en coordi- nation avec le BIDDH, renforcera les activités de formation concernant la responsabilité des médias à traiter avec certains égards de la question de la traite et à ne pas insister sur les stéréotypes néga- tifs. La formation mettra l’accent sur la complexité du phénomène de la traite et sur la nécessité d’y apporter une réponse globale.

V. Protection et assistance

11. Mécanisme national d’orientation 11.1 Renforcer les activités de l’OSCE, notamment du BIDDH, en aidant les États participants, s’ils le demandent, à mettre en place le mécanisme national d’orientation. 11.2 Prier l’Unité de l’OSCE pour les questions stratégiques de police, en même temps que le BIDDH, d’élaborer plus avant des directives et un manuel sur l’identification des victimes présumées de la traite des êtres humains et sur les preuves de la traite afin d’aider, s’il y a lieu, les États participants.

61 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(…)

14. Formation (...) 14.2 Charger le BIDDH de recueillir et de diffuser des informations sur les mesures, les programmes de formation et les documents déjà existants dans les États participants de l’OSCE.

15. Mesures législatives 15.1 En coordination avec l’Office des Nations Unies contre la drogue et le crime, le Conseil de l’Eu- rope et les autres acteurs concernés, le BIDDH continuera à aider les États participants, sur leur demande, à mettre leur législation nationale en conformité avec les normes et règles internatio- nales, en encourageant en particulier une attitude humaine et compréhensive à l’égard des vic- times de la traite.

VI. Mécanismes de suivi et de coordination

7. Charge le BIDDH d’apporter l’assistance technique nécessaire aux États participants, le cas échéant, pour l’élaboration de plans d’action nationaux de lutte contre la traite, notamment de mesures législatives et d’autres mesures d’assistance visant à prévenir et combattre la traite des êtres humains et à en protéger les victimes de manière efficace ; (…)

9. Charge le BIDDH d’élaborer plus avant sa fonction de coordonnateur pour les échanges d’infor- mations, les contacts, les documents et les bonnes pratiques, et de renforcer ses activités de projet.

VII. Tâches-clés supplémentaires relatives à la lutte contre le terrorisme

Bucarest 2001 (Décision 1 sur la lutte contre le terrorisme ; Plan d’action de Bucarest pour lutter contre le terrorisme))

II. Obligations juridiques et engagements politiques internationaux (…)

6. Bureau des institutions démocratiques et des droits de l’homme (BIDDH) : Il offrira, sur demande officielle d’États participants intéressés et, le cas échéant, une assistance ou des conseils techniques sur l’élaboration de lois nécessaires à la ratification d’instruments internationaux, en étroite coo- pération avec d’autres organisations, dont l’Office des Nations Unies pour le contrôle des drogues et la prévention du crime (OCDPC). (…)

III. Action préventive contre le terrorisme dans l’espace de l’OSCE (…)

10. Mise en place d’institutions, renforcement de l’état de droit et des pouvoirs publics : BIDDH : Il continuera à s’efforcer de promouvoir, à la demande des États, la mise en place d’institutions démocratiques, en apportant son concours, en aidant notamment à renforcer les capacités admi- nistratives, les administrations locales et centrale et les structures parlementaires, la magistrature, les institutions de médiateur et la société civile. Il facilitera à cet égard des échanges de meilleures

62 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

pratiques et d’expériences entre États participants. Il continuera à élaborer des projets pour conso- lider les institutions démocratiques, la société civile et la bonne gouvernance. (…) 2 Renforcement de la législation anti-terroriste nationale : (...)

18. BIDDH : Il proposera, à la demande des États participants intéressés et selon que de besoin, une assistance technique ou des conseils concernant l’application des conventions et protocoles inter- nationaux relatifs au terrorisme et la conformité de la législation anti-terroristes avec les normes internationales, conformément aux décisions du Conseil permanent, et cherchera à coopérer à cette fin avec d’autres organismes, et en particulier l’OCDPC. Il envisagera de faciliter les contacts entre experts nationaux pour encourager l’échange d’informations et pour promouvoir les meilleures pratiques intéressant la législation anti-terroristes. (…)

Appui à l’application de la loi et lutte contre la criminalité organisée : (...)

22. BIDDH : Il conseillera en permanence les États participants, à leur demande, à propos du ren- forcement des cadres juridiques nationaux et des institutions qui font respecter l’état de droit, comme les services chargés de l’application de la loi, la magistrature assise et debout, le barreau et les avocats de la défense. Il intensifiera ses efforts pour combattre la traite des êtres humains et pour secourir les victimes de la traite. Il appuiera, le cas échéant, la réforme pénitentiaire et les améliorations de la procédure pénale.

Ljubljana 2005 (Déclaration ministérielle sur la Convention internationale pour la répression des actes de terrorisme nucléaire)

1. Nous, les Ministres des affaires étrangères des États participants de l’OSCE, saluons l’adoption par l’Assemblée générale des Nations Unies de la Convention internationale pour la répression des actes de terrorisme nucléaire. (…)

4. Nous demandons instamment au (...) Bureau des institutions démocratiques et des droits de l’homme de fournir aux États participants qui en font la demande formelle, et lorsque cela est approprié, une assistance/des conseils techniques pour la ratification, l’acceptation ou l’approba- tion sans tarder de cette Convention internationale, en étroite coopération avec l’Office des Nations Unies contre la drogue et le crime. (…)

Madrid 2007 (Déclaration ministérielle sur la soutien à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies) (…)

22. Le Bureau des institutions démocratiques et des droits de l’homme continuera d’aider les États participants, à leur demande, à veiller à ce que leurs initiatives en matière de lutte contre le terro- risme soient respectueuses des droits de l’homme, conformément à leurs engagements souscrits dans le cadre de l’OSCE. Le BIDDH continuera à offrir une assistance technique et des conseils sur les aspects relatifs aux droits de l’homme lors de l’élaboration et de la mise en œuvre des légis- lations nationales visant à lutter contre les menaces que constituent le terrorisme, l’extrémisme

63 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

violent et la radicalisation menant au terrorisme, et continuera de faciliter le dialogue entre les États et les acteurs non gouvernementaux dans le but d’explorer des domaines de coopération et d’assistance mutuelle ; (…)

B. Haut-Commissaire pour les minorités nationales

Helsinki 1992 (Décision II. Haut-Commissaire de la CSCE pour les minorités nationales)

(1) Les États participants décident de créer un poste de Haut-Commissaire pour les minorités nationales.

Mandat

(2) Le Haut-Commissaire agira sous l’égide du CHF et sera par conséquent un instrument de pré- vention des conflits au stade le plus précoce possible.

(3) Le Haut-Commissaire déclenchera le plus tôt possible une « alerte rapide » et, si besoin est, engagera une « action rapide » lorsque des tensions liées à des problèmes de minorités nationales n’auront pas encore dépassé le stade de l’alerte rapide mais seront, selon le Haut-Commissaire, susceptibles de dégénérer en conflit dans la zone de la CSCE, menaçant la paix, la stabilité ou les relations entre les États participants et requérant l’attention du Conseil des ministres de la CSCE ou du CHF et une action de leur part.

(4) Dans le cadre de ce mandat fondé sur les principes et engagements de la CSCE, le Haut-Com- missaire dont les activités seront confidentielles agira en toute indépendance à l’égard de toutes les parties directement en cause dans les tensions.

(5a) Le Haut-Commissaire n’examinera de problèmes de minorités nationales se posant dans le pays dont il est ressortissant ou résident, ou de problèmes relatifs à une minorité nationale à laquelle il appartient, que si toutes les parties directement en cause l’acceptent, y compris l’État concerné. (5b) Le Haut-Commissaire n’examinera pas de problèmes de minorités nationales dans des situa- tions comportant des actes organisés de terrorisme. (5c) Le Haut-Commissaire ne connaîtra pas non plus des cas individuels dans lesquels des personnes appartenant à une minorité nationale sont victimes de violations des engagements de la CSCE.

(6) Dans son examen d’une situation, le Haut-Commissaire tiendra pleinement compte des moyens démocratiques et des instruments internationaux applicables à cette situation, ainsi que de leur utilisation par les parties en cause.

(7) Lorsqu’un problème particulier de minorités nationales aura été porté à l’attention du CHF, le Haut-Commissaire ne sera amené à intervenir qu’à la demande du CHF et selon un mandat spécifique émanant du CHF.

Profil, nomination, appui

(8) Le Haut-Commissaire sera une personnalité internationale éminente ayant une longue expé- rience dans le domaine considéré et dont on peut attendre qu’elle fasse preuve d’une grande impar- tialité dans l’exercice de ses fonctions.

64 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(9) Le Haut-Commissaire sera nommé par le Conseil des ministres de la CSCE, par consensus, sur recommandation du CHF et pour une période de trois ans renouvelable une seule fois. 2 (10) Le Haut-Commissaire pourra bénéficier des moyens du BIDDH à Varsovie, et en particulier des informations disponibles au BIDDH sur tous les aspects des problèmes de minorités nationales.

Alerte rapide

(11) Le Haut-Commissaire : (11a) recueillera et recevra des sources indiquées ci-dessous des informations sur les problèmes de minorités nationales (voir les paragraphes (23) à (25) du Supplément) ; (11b) évaluera le plus tôt possible le rôle des parties directement en cause, la nature des tensions et des événements récents qui s’y rapportent et, si possible, les conséquences éventuelles pour la paix et la stabilité dans la zone de la CSCE ; (11c) sera à cette fin en mesure de se rendre, conformément aux dispositions du paragraphe (17) et des paragraphes (27) à (30) du Supplément, en visite sur le territoire de tout État participant et de communiquer en personne, sous réserve des dispositions du paragraphe (25), avec les par- ties directement en cause afin d’obtenir des informations de première main sur la situation des minorités nationales.

(12) Le Haut-Commissaire pourra, au cours d’une visite sur le territoire d’un État participant, tout en obtenant des informations de première main de toutes les parties directement en cause, avoir des entretiens avec les parties et, s’il y a lieu, promouvoir le dialogue, la confiance et la coopéra- tion entre celles-ci.

Déclenchement d’une alerte rapide

(13) Si, après avoir échangé des communications et eu des contacts avec les parties, le Haut-Com- missaire en conclut qu’il existe un risque prima facie de conflit potentiel (comme cela est indiqué au paragraphe (3)), il pourra déclencher une alerte rapide dont le CHF sera informé sans délai par le Président en exercice.

(14) Le Président en exercice fera inscrire cette alerte rapide à l’ordre du jour de la réunion sui- vante du CHF. Si un État estime que l’alerte rapide appelle la tenue rapide de consultations, l’État en question peut engager la procédure décrite à l’Annexe 2 au Résumé des conclusions de la Réu- nion du Conseil de Berlin (« Mécanisme d’urgence »).

(15) Le Haut-Commissaire exposera au CHF les raisons du déclenchement de l’alerte rapide.

Action rapide

(16) Le Haut-Commissaire pourra recommander qu’on l’autorise à prendre de nouveaux contacts et à procéder à des consultations plus poussées avec les parties dans la perspective d’éventuelles solutions conformes à un mandat qui devra faire l’objet d’une décision du CHF. Le CHF pourra décider en conséquence.

Responsabilité

(17) Le Haut-Commissaire consultera le Président en exercice avant de se rendre sur le terri- toire d’un État participant pour étudier un cas de tension intéressant des minorités nationales.

65 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Le Président en exercice consultera confidentiellement l’État (les États) participant(s) concerné(s) et pourra mener des consultations plus larges.

(18) Après avoir effectué une visite sur le territoire d’un État participant, le Haut-Commissaire remettra au Président en exercice des rapports strictement confidentiels sur ses conclusions et sur les progrès de son action à propos d’une question particulière.

(19) Au terme de son action au sujet d’un problème particulier, le Haut-Commissaire présentera au Président en exercice un rapport contenant ses constatations, les résultats de son action et ses conclusions. Dans le délai d’un mois, le Président en exercice engagera des consultations confiden- tielles sur ces constatations, résultats et conclusions avec le(s) État(s) concerné(s) et pourra élar- gir ses consultations. Le rapport, avec d’éventuelles observations, sera ensuite transmis au CHF.

(20) S’il conclut que la situation s’aggrave au point de dégénérer en conflit, ou s’il estime que ses possibilités d’action sont épuisées, le Haut-Commissaire en informera le CHF par l’intermédiaire du Président en exercice.

(21) Dans le cas où le CHF aura été saisi d’un problème particulier, le Haut-Commissaire donnera des informations et, sur demande, des avis au CHF ou à toute autre institution ou organisation que le CHF pourra inviter, conformément aux dispositions du chapitre III du présent document, à prendre des mesures à propos des tensions ou du conflit.

(22) Le Haut-Commissaire, si le CHF le lui demande et compte dûment tenu de la règle de confi- dentialité énoncée dans son mandat, présentera des informations au sujet de ses activités aux réu- nions de la CSCE sur la mise en œuvre des engagements concernant la dimension humaine.

Supplément

Sources d’information au sujet des problèmes de minorités nationales

(23) Le Haut-Commissaire pourra : (23a) recueillir et recevoir de toutes sources, y compris des médias et d’organisations non gouver- nementales, sauf les exceptions visées au paragraphe (25), des informations concernant la situa- tion des minorités nationales et le rôle des parties ; (23b) recevoir des parties directement en cause des rapports particuliers sur des faits récents liés à des problèmes de minorités nationales. Il pourra s’agir notamment de rapports sur des cas de vio- lation des engagements de la CSCE en ce qui concerne les minorités nationales ainsi que sur d’autres violations commises dans ce contexte.

(24) Ces rapports spéciaux au Haut-Commissaire devraient répondre aux critères suivants : • être formulés par écrit, être adressés au Haut-Commissaire en tant que tel et comprendre les nom, prénom et adresse des signataires ; • contenir un compte rendu objectif des faits qui touchent la situation de personnes appartenant à des minorités nationales et le rôle des parties, et qui sont survenus dans un passé proche, en principe au cours des douze mois précédents. Les rapports devraient contenir des informa- tions dont on peut suffisamment établir le bien-fondé.

(25) Le Haut-Commissaire ne communiquera pas avec des personnes ou des organisations qui pratiquent ou excusent publiquement le terrorisme ou la violence, ni ne répondra aux communi- cations présentées par ces personnes et organisations.

66 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Parties directement en cause

(26) Les parties directement en cause dans les tensions, qui pourront fournir des rapports parti- 2 culiers au Haut-Commissaire et avec lesquelles ce dernier cherchera à communiquer en personne au cours d’une visite sur le territoire d’un État participant, sont les suivantes : (26a) les gouvernements des États participants, y compris, le cas échéant, les autorités régionales et locales des zones dans lesquelles résident des minorités nationales ; (26b) les représentants d’associations, d’organisations non gouvernementales et de groupes reli- gieux et autres groupes de minorités nationales directement intéressés et présents dans la zone de tension, qui sont autorisés par les personnes appartenant à ces minorités nationales à les repré- senter. Conditions de déplacement du Haut-Commissaire

(27) Avant une visite prévue, le Haut-Commissaire soumettra à l’État participant concerné des informations précises sur l’objet prévu de cette visite. Dans un délai de deux semaines, l’État (les États) concerné(s) consultera (consulteront) le Haut-Commissaire à propos des objectifs de la visite qui pourront comprendre la promotion du dialogue, de la confiance et de la coopération entre les parties. Après l’entrée du Haut-Commissaire sur son territoire, l’État concerné fera en sorte que le Haut-Commissaire puisse se déplacer et communiquer librement sous réserve des dispositions du paragraphe (25) ci-dessus.

(28) Si l’État concerné n’autorise pas le Haut-Commissaire à entrer sur son territoire, à s’y dépla- cer et à y communiquer librement, le Haut-Commissaire en informera le CHF.

(29) Au cours d’une telle visite, sous réserve des dispositions du paragraphe (25), le Haut-Com- missaire pourra consulter les parties et obtenir confidentiellement de la part de tout individu, groupe ou organisation directement en cause des informations sur les questions dont il est saisi. Le Haut-Commissaire veillera au respect de la confidentialité de ces informations.

(30) Les États participants ne prendront aucune mesure à l’encontre de personnes, d’organisations ou d’institutions pour avoir eu des contacts avec le Haut-Commissaire.

Haut-Commissaire et l’intervention d’experts

(31) Le Haut-Commissaire pourra décider de demander l’assistance de trois experts au plus, dotés des compétences voulues sur des sujets précis pour lesquels de brèves recherches spécialisées et des avis sont nécessaires.

(32) S’il décide de faire appel à des experts, le Haut-Commissaire établira un mandat précis et un calendrier des activités des experts.

(33) Les experts ne se rendront sur le territoire d’un État participant qu’en même temps que le Haut- Commissaire. Les experts ne se rendront sur le territoire d’un État participant qu’en même temps que le Haut-Commissaire.

(34) Les avis et recommandations demandés aux experts seront soumis confidentiellement au Haut-Commissaire, qui sera responsable des activités et des rapports des experts et décidera s’il y a lieu de communiquer, et sous quelle forme, ces avis et recommandations aux parties concernées. Les avis et recommandations ne seront pas contraignants. Si le Haut-Commissaire décide de les mettre à la disposition de l’État (des États) concerné(s), celui-ci (ceux-ci) aura (auront) la possibi- lité de les commenter.

67 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(35) Les experts seront choisis par le Haut-Commissaire avec l’aide du BIDDH sur la liste établie au BIDDH, conformément aux dispositions du Document de la Réunion de Moscou.

(36) Les experts ne pourront être ni des ressortissants, ni des résidents de l’État participant concerné, ni une personne désignée par cet État, ni un expert à l’encontre duquel l’État participant aura pré- cédemment formulé des réserves. Les experts ne pourront être ni des ressortissants ni des rési- dents de l’État participant ni une des personnes désignées par celui-ci pour figurer sur la liste ; ne pourra figurer au nombre des experts plus d’un ressortissant ou résident d’un État participant.

Stockholm 1992 (Décisions : 3. Le Haut-Commissaire pour les minorités nationales)

(…) Les ministres ont exprimé leur soutien au Haut-Commissaire et leur volonté de coopérer avec lui dans l’exécution de sa tâche complexe, mais déterminante, à savoir déceler et contenir le plus tôt possible les tensions liées à des problèmes de minorités nationales qui sont susceptibles de dégé- nérer en conflit dans la zone de la CSCE.

Les ministres ont encouragé le Haut-Commissaire à analyser minutieusement les régions poten- tielles de tension, à se rendre sur le territoire de tout État participant et à engager des discussions sur des sujets variés à tous les niveaux avec les parties directement concernées par les problèmes. Dans ce contexte, le Haut-Commissaire peut aborder les problèmes avec les parties et, s’il y a lieu, encourager le dialogue, la confiance et la coopération entre elles à tous les niveaux, pour favoriser des solutions politiques conformes aux principes et engagements de la CSCE.

Tout en respectant l’indépendance conférée au Haut-Commissaire par le mandat, les ministres se sont engagés à lui fournir les informations pertinentes dont ils disposent au sujet des problèmes de minorités nationales.

Rome 1993 (Décisions : III. Le Haut-Commissaire pour les minorités nationales)

Conscients de l’interrelation étroite qui existe entre les questions relatives aux minorités nationales et à la prévention des conflits, les ministres ont encouragé le Haut-Commissaire pour les minorités nationales (HCMN) à poursuivre ses activités dans le cadre de son mandat (…) Les ministres ont souligné qu’il est important que des États participants coopèrent pleinement avec le Haut-Com- missaire et contribuent au suivi et à la mise en œuvre de ses recommandations. (...)

Bucarest 2001 (Décision N° 5/01)

Le Conseil ministériel (...),

68 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE) 2 III. Lutte contre le racisme et la discrimination

Législation et mesures visant à en assurer le respect

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

21. Le Haut-Commissaire pour les minorités nationales (HCMN) continuera, dans le cadre de son mandat, à suivre le développement de la législation antidiscrimination et, selon qu’il conviendra, fournira des conseils et une aide aux États participants à cet égard.

Police

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

35. Le HCMN, le Point de contact du BIDDH et l’Unité pour les questions stratégiques de police prêteront leur concours aux États participants pour l’élaboration de codes de conduite visant à empêcher le profilage racial et à améliorer les relations interethniques.

Médias

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

42. Le HCMN continuera à élaborer et à diffuser des directives à l’intention des responsables de l’éla- boration des politiques sur l’utilisation des médias publics de radiodiffusion dans les communautés multiculturelles, visant, notamment, à encourager le soutien en faveur des organismes de radiodif- fusion des minorités, y compris ceux des Roms et des Sintis, et à améliorer leur accès aux médias.

V. Amélioration de l’accès à l’éducation

Mesures recommandées aux institutions et aux structures de l’OSCE :

85. Le HCMN encouragera les États participants à se conformer aux engagements qu’ils ont pris d’assurer à tous les membres de la société la liberté et l’égalité d’accès à l’enseignement public et les encourageront à prendre des mesures pour améliorer la situation des Roms et des Sintis à cet égard.

86. Le HCMN continuera à donner des orientations sur les modèles d’enseignement, le contenu des programmes scolaires et l’enseignement de, ou dans, la langue maternelle, y compris le romani.

VI. Accroissement de la participation à la vie publique et politique

Mesures recommandées aux institutions et aux structures de l’OSCE : (...)

69 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

104. Le HCMN continuera, dans le cadre de son mandat, à conseiller les États sur les moyens appropriés de faciliter la participation des Roms et des Sintis à tous les domaines de la vie publique.

VII. Roms et les Sintis dans des situations de crise et d’après crise (…)

Mesures recommandées aux institutions et aux structures de l’OSCE : (…)

117. Le HCMN continuera à s’acquitter de son mandat de prévention des conflits au stade le plus précoce possible.

Sofia 2004 (Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes)

V. Appui aux États participants de l’OSCE pour la mise en œuvre des engagements pertinents visant à promouvoir l’égalité entre les femmes et les hommes (…)

(d) Assurer l’égalité des chances en vue de la participation des femmes à la vie politique et publique (…) • Le Haut-Commissaire pour les minorités nationales examinera des questions spécifiques relatives à la participation des femmes appartenant à des minorités nationales à la vie publique et privée ainsi qu’à des politiques et projets élaborés par son Bureau, prendra les mesures nécessaires pour combattre la double discrimination dont sont victimes ces femmes, selon qu’il conviendra, dans le cadre de son mandat de prévention des conflits ;

C. Représentant de l’OSCE pour la liberté des médias

Copenhague 1997 (Annexe 1 : Décision N° 193 du Conseil permanent, Mandat du Représentant de l’OSCE pour la liberté des médias)

1. Les États participants réaffirment les principes et engagements auxquels ils ont adhéré en matière de liberté des médias. Ils rappellent en particulier que la liberté d’expression est un droit de l’homme et fondamental, reconnu sur le plan international et un élément capital de toute société démocra- tique ; et que la liberté, l’indépendance et le pluralisme des médias sont essentiels pour une société libre et ouverte et les systèmes de gouvernement responsables. Ayant à l’esprit les principes et enga- gements auxquels ils ont souscrit dans le cadre de l’OSCE et pleinement résolus à mettre en œuvre le paragraphe 11 de la Déclaration du Sommet de Lisbonne, les États participants décident de créer, sous l’égide du Conseil permanent, un poste de Représentant de l’OSCE pour la liberté des médias. L’objectif est de consolider la mise en œuvre des principes et engagements de l’OSCE et d’accroître l’efficacité de l’action concertée des États participants, en se fondant sur leurs valeurs communes. Les États participants confirment qu’ils coopéreront sans réserve avec le Représentant de l’OSCE pour la liberté des médias. Il aidera les États participants, dans un esprit de coopération, à pour- suivre leur engagement en faveur de la liberté, de l’indépendance et du pluralisme des médias.

2. Se fondant sur les principes et les engagements de l’OSCE, le Représentant de l’OSCE pour la liberté des médias suivra l’évolution des médias dans tous les États participants et, agissant sur

70 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

cette base et en étroite coordination avec le Président en exercice, prônera et encouragera le plein respect des principes et engagements de l’OSCE concernant la liberté d’expression et des médias. A ce titre, il assumera une fonction en matière d’alerte rapide. Il examinera les problèmes graves, 2 causés notamment par les entraves aux activités des médias et les conditions de travail défavo- rables des journalistes. Il coopérera étroitement avec les États participants, le Conseil permanent, le Bureau des institutions démocratiques et des droits de l’homme (BIDDH), le Haut-Commissaire pour les minorités nationales et, le cas échéant, avec d’autres organes de l’OSCE, ainsi qu’avec des associations de presse nationales et internationales.

3. Le Représentant de l’OSCE pour la liberté des médias s’attachera, comme l’indique ce para- graphe, à intervenir avec rapidité en cas de sérieux manquement par les États participants aux prin- cipes et engagements de l’OSCE concernant la liberté d’expression et la liberté de la presse. En cas de plainte relative à un sérieux manquement aux dits principes et engagements, le Représentant de l’OSCE pour la liberté des médias recherchera, de manière appropriée, des contacts directs avec l’État participant et les autres parties concernées, évaluera les faits, aidera l’État participant et contri- buera à la solution au problème. Il tiendra le Président en exercice informé de ses activités et ren- dra compte au Conseil permanent de leurs résultats et de ses observations et recommandations.

4. Le Représentant de l’OSCE pour la liberté des médias n’exerce pas de fonction juridictionnelle et son intervention ne peut en aucune manière préjuger des procédures légales, nationales ou inter- nationales concernant les violations présumées des droits de l’homme. De même, les procédures nationales ou internationales concernant les violations présumées des droits de l’homme n’empê- cheront pas nécessairement le Représentant d’exécuter ses tâches telles qu’exposées dans le pré- sent mandat.

5. Le Représentant de l’OSCE pour la liberté des médias peut recueillir et recevoir de toute source digne de foi des informations sur la situation des médias. Il s’appuiera en particulier sur les infor- mations et analyses du BIDDH. Le Représentant de l’OSCE pour la liberté des médias aidera le BIDDH à évaluer les conditions nécessaires au bon fonctionnement de médias libres, indépen- dants et pluralistes avant, pendant et après les élections.

6. Le Représentant de l’OSCE pour la liberté des médias peut à tout moment recueillir et recevoir des États participants et d’autres parties intéressées (par exemple d’organisations ou d’institutions, de médias ou de leurs représentants, et d’ONG concernées) des demandes, des propositions et des commentaires visant à renforcer et à développer encore le respect des principes et engagements de l’OSCE, y compris les cas présumés sérieux d’intolérance de la part d’États participants qui uti- lisent les médias en violation des principes énoncés dans le Document de Budapest, chapitre VIII, paragraphe 25, et dans les Décisions de la Réunion du Conseil de Rome, chapitre X. Il peut trans- mettre les demandes, propositions et commentaires au Conseil permanent en lui recommandant d’autres mesures à prendre, le cas échéant.

7. Le Représentant de l’OSCE pour la liberté des médias consultera en outre régulièrement le Pré- sident en exercice et rendra périodiquement compte au Conseil permanent. Il peut être invité à présenter au Conseil permanent des rapports, dans le cadre de ce mandat, sur des questions spécifiques relatives à la liberté d’expression, et à la liberté, à l’indépendance et au pluralisme des médias. Il fera rapport chaque année à la Réunion sur la mise en œuvre des engagements concer- nant la dimension humaine ou à la Réunion d’examen de la mise en œuvre de tous les principes et engagements de l’OSCE concernant la liberté d’expression et la liberté des médias dans les États participants de l’OSCE.

71 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

8. Le Représentant de l’OSCE pour la liberté des médias ne communiquera avec aucune personne ou organisation pratiquant ou avalisant publiquement des actes de terrorisme ou de violence ni prendra note des communications d’une telle personne ou organisation.

9. Le Représentant de l’OSCE pour la liberté des médias sera une éminente personnalité inter- nationale ayant une longue expérience et censée agir en toute impartialité. Dans l’exercice de ses fonctions, le Représentant de l’OSCE pour la liberté des médias sera guidé par son analyse indé- pendante et objective des différents paragraphes du présent mandat.

10. Le Représentant de l’OSCE pour la liberté des médias examinera les affaires sérieuses relevant du présent mandat et se produisant dans l’État participant dont il est ressortissant ou dans lequel il réside, si toutes les parties directement en cause, notamment l’État participant concerné, l’ac- ceptent. Faute d’un tel accord, la question sera renvoyée au Président en exercice qui pourra char- ger un représentant spécial d’examiner ce cas.

11. Le Représentant de l’OSCE pour la liberté des médias coopérera, par des contacts réguliers, avec les organisations internationales compétentes, notamment avec l’Organisation des Nations Unies et ses institutions spécialisées, ainsi qu’avec le Conseil de l’Europe, pour renforcer la coor- dination et éviter des activités redondantes.

12. Le Représentant de l’OSCE pour la liberté des médias sera nommé, conformément aux procé- dures de l’OSCE, par le Conseil ministériel sur recommandation du Président en exercice, après consultation des États participants. Il sera nommé pour trois ans et pourra être reconduit dans ses fonctions, selon la même procédure, pour un autre mandat de trois ans. (…)

14. Le bureau du Représentant de l’OSCE pour la liberté des médias sera situé à Vienne.

Bucarest 2001 (Annexe à la Décision N° 1 sur la lutte contre le terrorisme ; Plan d’action de Bucarest pour lutter contre le terrorisme)

11. Promotion des droits de l’homme, de la tolérance et du multiculturalisme : (...)

12. Représentant de l’OSCE pour la liberté des médias : Il examinera l’élaboration de projets visant à soutenir la tolérance à l’égard de personnes d’autres convictions ou croyances par l’intermé- diaire des médias. Il favorisera les mesures visant à prévenir et à combattre le nationalisme agres- sif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme dans les médias. Il continuera à encourager un débat pluraliste et une attention accrue des médias pour promouvoir la tolérance de la diversité ethnique, religieuse, linguistique et culturelle et, dans ce contexte, facilitera l’accès du public aux médias et détectera tout propos haineux. (…)

19. Appui à l’application de la loi et lutte contre la criminalité organisée : (...)

23. Représentant pour la liberté des médias : Il coopérera en appuyant, sur demande, la rédaction de textes législatifs visant à prévenir l’abus des technologies de l’information à des fins t erroristes de sorte que ces textes soient conformes aux engagements relatifs à la liberté d’expression et à la libre circulation de l’information.

72 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Bucarest 2001 (Décision N° 5/01)

Le Conseil ministériel (...), 2 Invite les institutions de l’OSCE, et en particulier le Bureau des institutions démocratiques et des droits de l’homme, le Haut-Commissaire pour les minorités nationales et le Représentant de l’OSCE pour la liberté des médias à porter une attention accrue aux manifestations de nationalisme agres- sif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent, à lutter contre l’intolérance et la discrimination fondée sur l’origine raciale ou ethnique, ou des opinions religieuses, politiques ou autres et à encourager le respect de l’état de droit, des valeurs démo- cratiques, des droits de l’homme et des libertés fondamentales, y compris la liberté d’expression, de pensée, de conscience, de religion ou de conviction.

Maastricht 2003 Annexe à la Décision N° 3/03 Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Médias

Mesures recommandées aux institutions et aux structures de l’OSCE :

40. Le Représentant pour la liberté des médias devrait envisager de faciliter des séminaires de for- mation à l’intention des journalistes roms.

41. Le Point de contact du BIDDH et le Représentant pour la liberté des médias organiseront des tables rondes avec des journalistes sur l’image des communautés roms et sintis dans la société.

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 633 : Promotion de la tolérance et de la liberté des médias sur l’Internet)

4. Le Représentant de l’OSCE pour la liberté des médias continuera à jouer un rôle actif dans la pro- motion à la fois de la liberté d’expression et de l’accès à l’Internet ainsi qu’à observer les évolutions pertinentes dans tous les États participants. Il s’emploiera à prôner et à promouvoir les principes et les engagements de l’OSCE. A ce titre, il donnera notamment rapidement l’alerte lorsque des lois ou d’autres mesures interdisant les discours motivés par des préjugés racistes, xénophobes, antisé- mites ou autres sont appliquées de manière discriminatoire ou sélective à des fins politiques sus- ceptibles d’aboutir à entraver l’expression d’opinions et de points de vues différents ;

73 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

Sofia 2004 (Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes)

V. Appui aux États participants de l’OSCE pour la mise en œuvre des engagements pertinents visant à promouvoir l’égalité entre les femmes et les hommes (…)

(d) Assurer l’égalité des chances en vue de la participation des femmes à la vie politique et publique — Le Représentant de l’OSCE pour la liberté des médias fera preuve de vigilance face aux alléga- tions d’actes d’intolérance grave et d’incitation à la discrimination à l’égard des femmes dans ou par les médias des États participants conformément au chapitre 6 de son mandat. Il informera les États participants de tels cas dans le cadre de ses rapports réguliers.

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

15. Encourage le Représentant pour la liberté des médias, dans le cadre des ressources disponibles, à envisager d’examiner les meilleures pratiques dans des domaines relevant de ses compétences en rapport avec la lutte contre l’intolérance ; (…)

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme)

À l’occasion du dixième anniversaire du Bureau du Représentant pour la liberté des médias, nous saluons le travail accompli par cette institution en vue de promouvoir des médias indépendants et pluralistes indispensables à une société libre et ouverte ainsi que des systèmes de gouvernement responsables. Nous appelons les États participants et les partenaires pour la coopération à créer un environnement propice à l’épanouissement de médias libres et indépendants. (…)

Milan 2018 (Décision 3/18 sur la sécurité des journalistes)

Demande aux États participants : (…)

13. De coopérer pleinement avec le Représentant de l’OSCE pour la liberté des médias, notamment sur la question de la sécurité des journalistes ;

14. D’encourager le Représentant de l’OSCE pour la liberté des médias à continuer de défendre et de promouvoir la sécurité des journalistes dans tous les États participants de l’OSCE confor- mément à son mandat.

74 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

D. Secrétariat, Représentant spécial pour la lutte contre la traite des êtres humains

Bruxelles 2006 (Décision N° 3/06 sur la lutte contre la traite des êtres humains) 2 Le Conseil ministériel (...),

Rappelant la décision No 2/03 de la onzième Réunion du Conseil ministériel à Maastricht sur la lutte contre la traite des êtres humains, qui a établi, sous l’égide du Conseil permanent, un mécanisme de l’OSCE visant à porter assistance aux États participants pour lutter contre la traite des êtres humains,

Réaffirmant l’importance de disposer d’une structure appropriée ayant des ressources adminis- tratives et financières adéquates et pouvant agir au niveau politique,

1. Décide que le mécanisme de l’OSCE visant à porter assistance aux États participants pour lut- ter contre la traite des êtres humains, établi sous l’égide du Conseil permanent, sera modifié pour faire partie intégrante du Secrétariat. Cette structure sera dirigée par une personnalité éminente, qui remplira la fonction de Représentant spécial et représentera l’OSCE au niveau politique, et sera composée d’un personnel recruté et détaché, notamment de celui de l’actuelle Unité d’assistance à la lutte contre la traite des êtres humains, nommé ou affecté conformément au Statut du person- nel et au Règlement du personnel de l’OSCE ;

La structure :

(a) Assistera les États participants de l’OSCE dans la mise en œuvre des engagements et l’appli- cation pleine et entière des recommandations énoncés dans le Plan d’action de l’OSCE pour lut- ter contre la traite des êtres humains, y compris son addendum intitulé « Prise en considération des besoins spéciaux des enfants victimes de la traité en matière de protection et d’assistance » ; (b) Assurera la coordination des activités de l’OSCE en matière de lutte contre la traite des êtres humains dans les trois dimensions de l’OCSE et servira de point de contact pour les activités de l’OSCE dans ce domaine ; (c) Renforcera la coopération entre les autorités concernées des États participants et entre l’OSCE et les autres organisations pertinentes ; (d) Sensibilisera le public et la classe politique à la lutte contre la traite des êtres humains ; (e) Mènera ses activités dans tout l’espace de l’OSCE et, s’il y a lieu, assistera les États participants, dans un esprit de coopération et suite à des consultations avec les autorités pertinentes des États participants concernés, en vue de mettre en œuvre leurs engagements en matière de lutte contre la traite des êtres humains ; (f) Fournira et facilitera tout avis et assistance technique dans le domaine de la législation ainsi que dans celui de l’élaboration des politiques, en collaborant, si nécessaire, avec d’autres struc- tures de l’OSCE jouant un rôle dans ce domaine ; (g) Se tiendra prête à fournir des conseils aux représentants de haut niveau des pouvoirs législatif, judiciaire et exécutif dans les États participants et à débattre avec eux de la mise en œuvre du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, y compris son addendum, et des engagements pris dans le domaine de la lutte contre la traite des êtres humains. Dans des cas par- ticuliers nécessitant une attention spéciale, elle cherchera à établir des contacts directs, de façon appropriée, avec les États participants concernés et discutera des conditions dans lesquelles les avis et l’assistance seront fournis, si besoin est ;

75 2.3.4 Institutions/structures de l’OSCE traitant de la dimension humaine

(h) Coopérera avec les coordonnateurs nationaux, les rapporteurs nationaux ou autres mécanismes nationaux établis par les États participants pour coordonner et superviser les activités de lutte contre la traite menées par les institutions de l’État. Elle coopérera également avec les organisations non gouvernementales pertinentes dans les États participants. Par ailleurs, elle sera responsable au sein de l’OSCE de l’organisation et de la facilitation de réunions ayant pour objet l’échange d’informa- tions et d’expérience entre les coordonnateurs nationaux, les représentants désignés par les États participants ou les spécialistes de la lutte contre la traite des êtres humains ; (i) Coopérera étroitement, dans un rôle de coordination et en respectant pleinement leur man- dat, avec le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et d’autres institutions de l’OSCE, les structures pertinentes du Secrétariat, notamment le Bureau du Coor- donnateur des activités économiques et environnementales de l’OSCE, l’Unité pour les questions stratégiques de police, le Conseiller principal pour les questions de parité des sexes, ainsi que, le cas échéant, les opérations de terrain de l’OSCE. S’appuyant sur le savoir-faire de l’OSCE, les struc- tures de l’OSCE qui entreprennent des activités dans ce domaine se consulteront étroitement entre elles et consulteront le Représentant spécial afin d’éviter la redondance des activités, de garantir la complémentarité et la cohérence et, si nécessaire, de chercher à élaborer une approche intégrée ; (j) Coopérera et recherchera des synergies avec les acteurs internationaux pertinents, y compris les organisations régionales, les agences intergouvernementales et les organisations non gouver- nementales ; continuera de convoquer, de présider et d’organiser des initiatives communes de l’Al- liance contre la traite des personnes ;

2. Invite le Secrétaire général et le Président en exercice à se consulter au sujet de la nomination d’une personnalité éminente possédant une expérience professionnelle et politique pertinentes : • Le Secrétaire général nommera la personnalité à un poste de coordonnateur (...) avec le consen- tement de la Présidence, conformément à la Décision N° 15/04 de la douzième Réunion du Conseil ministériel à Sofia ; • La Présidence en exercice conférera au coordonnateur les fonctions et le titre de Représentant spécial pour la lutte contre la traite des êtres humains afin de permettre à ce dernier de repré- senter adéquatement l’OSCE au niveau politique. Les États participants seront consultés confor- mément à la Décision N° 8 de la dixième Réunion du conseil ministériel à Porto ;

3. Affirme que le Représentant spécial sera politiquement responsable devant le Conseil perma- nent et lui fera un rapport régulièrement et dès que nécessaire après consultation de la Présidence en exercice et du Secrétaire général, ainsi que conformément à la Décision N° 13/05 de la treizième Réunion du Conseil ministériel à Ljubljana ; (…)

5. Décide que la présente décision modifie la Décision N° 2/03 de la onzième Réunion du Conseil ministériel à Maastricht et, si nécessaire, pourra être modifiée par le Conseil permanent.

Helsinki 2008 (Décision N° 5/08 sur le renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale)

Le Conseil ministériel (...),

13. Charge la Représentante spéciale, dans la limite des ressources disponibles, de recommander dans le cadre de rapports réguliers au Conseil permanent, en coopération avec les États partici- pants, des moyens de renforcer encore les réponses de la justice pénale à la traite des êtres humains.

76 3. Restrictions et Dérogations 3.1 Étendue et nature des restrictions légitimes

3.1 Étendue et nature des restrictions légitimes

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(21) Les États participants veilleront à ce que l’exercice des droits mentionnés ci-dessus ne soit l’ob- jet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international, en particulier au Pacte international relatif aux droits civils et politiques, et avec leurs engagements internationaux, en particulier la Déclaration universelle des droits de l’homme. Ces restrictions auront un caractère exceptionnel. Les États participants feront en sorte qu’elles ne soient appliquées ni de façon abusive ni de façon arbitraire, mais de telle sorte que l’exercice effectif de ces droits soit garanti.

Copenhague 1990

(16) Les États participants (…) (16.3) – soulignent qu’aucune circonstance exceptionnelle quelle qu’elle soit, qu’il s’agisse d’un état de guerre ou d’une menace de guerre, d’instabilité politique intérieure, ou de tout autre état d’ur- gence, ne peut être invoquée pour justifier la torture ; (…)

(24) (…) Toute restriction à des droits et libertés doit, dans une société démocratique, correspondre à l’un des objectifs de la loi et être strictement proportionnée à l’objet de celle-ci.

3.2 Dérogations aux obligations en cas d’état d’urgence publique

Copenhague 1990

(16) Les États participants (16.3) – soulignent qu’aucune circonstance exceptionnelle quelle qu’elle soit, qu’il s’agisse d’un état de guerre ou d’une menace de guerre, d’instabilité politique intérieure, ou de tout autre état d’ur- gence, ne peut être invoquée pour justifier la torture ; (…)

(25) Les États participants confirment que toute dérogation aux obligations relatives aux droits de l’homme et aux libertés fondamentales pendant un état d’urgence doit rester strictement dans les limites prévues par le droit international, en particulier par les instruments internationaux pertinents par lesquels ils sont liés, spécialement en ce qui concerne les droits auxquels il ne peut être dérogé.

Ils réaffirment que :

(25.1) – les mesures dérogeant à de telles obligations doivent être prises strictement en conformité des règles procédurales définies dans ces instruments ;

78 3.2 Dérogations aux obligations en cas d’état d’urgence publique

(25.2) – l’état d’urgence doit être proclamé officiellement, publiquement et conformément aux modalités établies par la loi ; (25.3) – les mesures dérogeant à des obligations seront strictement limitées aux exigences de la situation ; (25.4) – ces mesures ne comporteront pas de discrimination uniquement fondée sur la race, la cou- leur, le sexe, la langue, la religion, l’origine sociale ou l’appartenance à une minorité.

Moscou 1991 3 (28) Les États participants estiment qu’il est important de protéger les droits de l’homme et les libertés fondamentales en cas d’état d’exception, de tenir compte des dispositions correspondantes du Document de la Réunion de Copenhague et de respecter les termes des conventions auxquelles ils sont parties. (28.1) Les États Participants réaffirment que l’état d’exception n’est justifié que dans des circons- tances de la plus exceptionnelle gravité, conformément aux obligations internationales de l’État et aux engagements pris par lui dans le cadre de la CSCE. L’état d’exception ne peut être utilisé pour renverser l’ordre démocratique constitutionnel ni viser la suppression des droits de l’homme et des libertés fondamentales internationalement reconnus. Si le recours à la force ne peut être évité, il doit être aussi raisonnable et limité que possible. (28.2) L’état d’exception ne peut être proclamé que par un organe constitutionnel et dûment habi- lité à cet effet. Lorsque la décision d’instaurer l’état d’exception peut légalement être prise par le pouvoir exécutif, cette décision devrait être soumise dans les plus brefs délais à l’approbation ou au contrôle du parlement. (28.3) L’état d’exception doit être proclamé officiellement, publiquement et conformément aux dis- positions prévues par la loi. Cette décision précisera, si possible, le cadre territorial de l’état d’ex- ception. L’État concerné mettra sans retard à la disposition de ses citoyens des informations sur les mesures qui auront été prises. L’état d’exception sera levé aussitôt que possible et ne sera pas maintenu en vigueur plus longtemps que les circonstances ne l’exigent. (28.4) Il n’est pas permis d’instaurer ou de prolonger de facto l’état d’exception dans des condi- tions qui ne sont pas conformes aux dispositions légales en la matière. (28.5) Les États participants s’efforceront d’assurer que l’activité normale des organes législatifs soit garantie dans toute la mesure possible durant l’état d’exception. (…) (28.7) Les États participants s’efforceront de s’abstenir de déroger aux obligations qui, selon les conventions internationales auxquelles ils sont parties, peuvent faire l’objet d’une dérogation lorsque l’état d’exception est en vigueur. La portée et la durée d’application de ces mesures [déro- gatoires à ces obligations] seront rigoureusement limitées par les exigences de la situation ; elles sont par nature des mesures d’exception et devraient être interprétées et appliquées avec retenue. (…) (28.8) Les États participants veilleront à ce que les garanties légales nécessaires pour faire respec- ter l’État de droit soient maintenues pendant que l’état d’exception est en vigueur. Ils s’efforceront de prévoir dans leur législation un contrôle des règlements liés à l’état d’exception et de l’applica- tion de ces règlements. (28.9) Les États participants s’efforceront de maintenir la liberté d’expression et la liberté d’infor- mation, conformément à leurs obligations et engagements internationaux, en vue de permettre une discussion publique sur le respect des droits de l’homme et des libertés fondamentales ainsi que sur la levée de l’état d’urgence. Ils ne prendront, conformément aux normes internationales

79 3.2 Dérogations aux obligations en cas d’état d’urgence publique

relatives à la liberté d’expression, aucune mesure visant à interdire aux journalistes l’exercice légi- time de leur profession à moins que la situation ne rende de telles mesures absolument nécessaires. (28.10) Lorsque l’état d’exception est proclamé ou levé sur le territoire d’un État participant, celui-ci en informera immédiatement l’Institution de la CSCE*, ainsi que de toute mesure prise par déro- gation à ses obligations internationales relatives aux droits de l’homme. L’Institution informera sans délai les autres États participants.

* Le Conseil décidera quelle sera cette institution.

80 Engagements specifiques à la dimension humaine 1. Engagements relatifs au droit des peuples à l’autodétermination 1. Engagements relatifs au droit des peuples à l’autodétermination

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VIII)

Les États participants respectent l’égalité de droits des peuples et leur droit à disposer d’eux-mêmes, en agissant à tout moment conformément aux buts et aux principes de la Charte des Nations Unies et aux normes pertinentes du droit international, y compris celles qui ont trait à l’intégrité terri- toriale des États. En vertu du principe de l’égalité de droits des peuples et de leur droit à dispo- ser d’eux-mêmes, tous les peuples ont toujours le droit, en toute liberté, de déterminer, lorsqu’ils le désirent et comme ils le désirent, leur statut politique interne et externe, sans ingérence exté- rieure, et de poursuivre à leur gré leur développement politique, économique, social et culturel. Les États participants réaffirment l’importance universelle du respect et de l’exercice effectif par les peuples de droits égaux et de leur droit à disposer d’eux-mêmes, pour le développement de rela- tions amicales entre eux de même qu’entre tous les États ; ils rappellent également l’importance de l’élimination de toute violation de ce principe, quelque forme qu’elle prenne.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes) 1 (4) [Les États participants] confirment également qu’en vertu du principe de l’égalité des droits des peuples et de leur droit à disposer d’eux-mêmes, et conformément aux dispositions pertinentes de l’Acte final, tous les peuples ont toujours le droit, en toute liberté, de déterminer, lorsqu’ils le désirent et comme ils le désirent, leur statut politique interne et externe, sans ingérence exté- rieure, et de poursuivre à leur gré leur développement politique, économique, social et culturel.

83 2. Engagements relatifs aux composantes structurelles d’une société démocratique 2.1 Dispositions générales

2.1 Dispositions générales

Bonn 1990 (Préambule)

(…) les États participants,

Reconnaissant le lien qui existe entre le pluralisme politique et les économies de marché et ayant souscrit aux principes concernant : • La démocratie pluripartite basée sur des élections libres, périodiques et honnêtes ; • La primauté du droit et l’égalité devant la loi pour tous, fondés sur le respect des droits de l’homme et sur des systèmes juridiques efficaces, accessibles et équitables ; • Une activité économique qui soutienne en conséquence la dignité humaine, qui exclue le travail forcé et la discrimination à l’encontre des travailleurs pour des raisons de race, de sexe, de langue, d’opinion politique ou de religion, et qui ne dénie pas aux travailleurs le droit de créer librement des travailleurs indépendants ou d’y adhérer,

S’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…)

Copenhague 1990 2 [Les États participants] reconnaissent que la démocratie pluraliste et l’État de droit sont essen- tiels pour garantir le respect de tous les droits de l’homme et de toutes les libertés fondamentales, le développement des contacts entre les personnes et la recherche de solutions à d’autres questions d’ordre humanitaire connexes. Par conséquent, ils se félicitent de l’engagement pris par tous les États participants de parvenir aux idéaux de la démocratie et du pluralisme politique, ainsi que de leur détermination commune d’instaurer des sociétés démocratiques reposant sur des élections libres et sur l’État de droit. (…)

(6) Les États participants déclarent que la volonté du peuple, exprimée librement et équitable- ment dans le cadre d’élections périodiques et honnêtes, est le fondement de l’autorité et de la légi- timité de tout gouvernement. (...) Ils reconnaissent la responsabilité qui leur incombe de défendre et de protéger, conformément à leurs lois, à leurs obligations internationales en matière de droits de l’homme et à leurs engagements internationaux, l’ordre démocratique librement établi par la volonté du peuple contre les activités de personnes, groupes ou groupements ou organisations qui prennent part ou qui refusent de renoncer à des actes de terrorisme ou de violence visant à ren- verser cet ordre ou celui d’un autre État participant.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous nous engageons à édifier, consolider et raffermir la démocratie comme seul système de gou- vernement de nos nations. A cet effet, nous nous conformerons à ce qui suit :

Les droits de l’homme et les libertés fondamentales sont inhérents à tous les êtres humains, inalié- nables et garantis par la loi. La responsabilité première des gouvernements est de les protéger et de les promouvoir. Leur respect est une garantie essentielle contre un État trop puissant. Les observer et les exercer pleinement donnent leur fondement à la liberté, à la justice et à la paix.

85 2.1 Dispositions générales

Le gouvernement démocratique repose sur la volonté du peuple, exprimée à intervalles réguliers par des élections libres et loyales. La démocratie est fondée sur le respect de la personne humaine et de l’État de droit.

Elle est le meilleur garant de la liberté d’expression, de la tolérance envers tous les groupes de la société et de l’égalité des chances pour chacun.

La démocratie, de par son caractère représentatif et pluraliste, implique la responsabilité envers l’électorat, l’obligation pour les pouvoirs publics de se conformer à la loi et l’exercice impartial de la justice. Nul n’est au-dessus de la loi. (…)

Nos États coopéreront et se soutiendront mutuellement pour rendre irréversibles les acquis démo- cratiques.

Moscou 1991

(17) Les États participants (17.1) – condamnent sans réserve les forces qui tenteraient de renverser le gouvernement représen- tatif d’un État participant contre la volonté du peuple, exprimée par des élections libres et loyales, et en violation de l’ordre constitutionnel régulièrement établi ; (17.2) – soutiendront vigoureusement, conformément à la Charte des Nations Unies, en cas de ren- versement ou de tentative de renversement par des moyens antidémocratiques du gouvernement légalement élu d’un État participant à la CSCE, les organes légitimes de cet État qui défendent les droits de l’homme, la démocratie et l’État de droit, en vertu de l’engagement qu’ils ont pris en com- mun de s’opposer à toute tentative de porter atteinte à ces valeurs fondamentales ;

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

36. (...) En se fondant sur ses engagements dans la dimension humaine, l’OSCE s’attache à promou- voir dans toute sa région des conditions dans lesquelles tous puissent jouir pleinement des droits de l’homme et des libertés fondamentales sous la protection d’institutions démocratiques efficaces et dans le cadre d’une procédure judiciaire régulière et de la primauté du droit. Ces mesures sup- posent un environnement sûr et des institutions sûres propices à un débat pacifique et permet- tant à toutes les personnes et à tous les groupes de la société de défendre leurs intérêts. La société civile a un rôle important à jouer à cet égard et l’OSCE continuera à appuyer les organisations de la société civile et à contribuer à leur renforcement.

Maastricht 2003 (Document sur la stratégie de l’OSCE Concernant la dimension économique et environnementale)

2.2.1 Une bonne gestion des entreprises et des institutions fortes sont les pierres angulaires d’une économie saine capable d’attirer les investissements et, de ce fait, de permettre aux États de réduire la pauvreté et l’inégalité, accroître l’intégration sociale ainsi que l’égalité des chances pour tous et de protéger l’environnement. Une bonne gouvernance à tous les niveaux contribue à la pros- périté, à la stabilité et à la sécurité. La paix, de bonnes relations internationales, la sécurité et la stabilité de l’État, ainsi que la sécurité et la sûreté de la personne au sein de l’État, fondée sur

86 2.1 Dispositions générales

la primauté du droit et le respect des droits de l’homme jouent un rôle crucial dans la création du climat de confiance indispensable à un développement économique et social positif.

2.2.2 La bonne gouvernance est capitale pour tous les États participants et nous sommes convenus d’œuvrer à l’échelon national, avec l’appui des institutions internationales compétentes, au ren- forcement de la bonne gouvernance dans tous ses aspects et à l’élaboration de méthodes de coo- pération mutuelle à cette fin.

2.2.3 La réalisation de la bonne gouvernance exige une approche stratégique globale et sur le long terme pour que les succès dans un domaine ne soient pas sapés par des faiblesses dans d’autres. Nous coopérerons à l’élaboration de nos stratégies de bonne gouvernance et mettront en commun nos expériences concernant les meilleures pratiques dans ce domaine.

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme) (…)

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : (…) • Rôle que jouent les cours constitutionnelles ou institutions comparables des États participants pour ce qui est de veiller à ce que les principes de l’état de droit, de la démocratie et des droits de l’homme soient respectés dans toutes les institutions publiques ; (…)

87 2.2 Élections

2.2 Élections

Voir aussi I. 2.3.4 A : Bureau des institutions démocratiques et des droits de l’homme (BIDDH)

Copenhague 1990

(7) Pour faire en sorte que la volonté du peuple soit le fondement des autorités publiques, les États participants (7.1) – organiseront des élections libres à intervalles raisonnables, comme le prévoit la loi ; (7.2) – permettront que tous les sièges, dans au moins une des chambres du pouvoir législatif natio- nal, soient librement disputés dans le cadre d’un vote populaire ; (7.3) – garantiront un suffrage universel et égal aux citoyens majeurs ; (7.4) – veilleront à ce que les votes soient émis au scrutin secret ou suivant une procédure équiva- lente assurant la liberté du vote et à ce qu’ils soient recensés et présentés avec objectivité, les résul- tats officiels étant rendus publics ; (7.5) – respecteront le droit des citoyens de solliciter des fonctions politiques ou publiques, à titre individuel ou en tant que représentants de partis politiques ou d’organisations, sans discrimination ; (7.6) – respecteront le droit des individus ainsi que des groupes ou groupements de créer, en toute liberté, leurs propres partis ou autres organisations politiques, et fourniront à ces partis et orga- nisations les garanties légales nécessaires pour leur permettre de se mesurer sur la base d’une éga- lité de traitement devant la loi et les autorités ; (7.7) – veilleront à ce que la loi et l’ordre public de l’État contribuent à faire en sorte que les cam- pagnes politiques se déroulent dans un climat d’équité et de liberté excluant toute pression adminis- trative, violence ou intimidation qui interdirait aux partis et aux candidats d’exposer librement leurs opinions et leurs qualités, ou empêcherait les électeurs d’en prendre connaissance et d’en débattre ou de voter sans crainte de sanctions ; (7.8) – veilleront à ce qu’aucune obstacle d’ordre juridique ou administratif ne s’oppose au libre accès aux médias sur la base de la non-discrimination pour tous les groupes ou groupements poli- tiques et toutes les personnes désirant participer à des élections ; (7.9) – veilleront à ce que les candidats qui obtiennent le nombre nécessaire de voix requis par la loi soient dûment investis de leur fonction, et qu’il leur soit permis de conserver celle-ci jusqu’à ce

88 2.2 Élections

que leur mandat arrive à expiration ou qu’il y soit mis un terme pour toute autre raison d’une manière prescrite par la loi conformément à des procédures parlementaires et constitutionnelles démocratiques.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que, sans discrimination, tout individu a le droit (...) :

de participer à des élections libres et loyales, (...)

Nous décidons d’établir un Bureau des élections libres à Varsovie, pour faciliter les contacts et l’échange d’informations sur les élections dans les États participants.

Genève 1991 2 (…)

Les États participants considéreront favorablement, dans la mesure où la loi le permet, la présence d’observateurs à des élections tenues à un niveau inférieur au niveau national, en particulier là où vivent des minorités nationales, et ils s’efforceront de leur en faciliter l’accès sur les lieux. (...)

Lisbonne 1996 (Déclaration du Sommet)

9. (…) Parmi les problèmes aigus relevant de la dimension humaine, les violations continues des droits de l’homme, comme par exemple (…) la fraude électorale (…) continuent à mettre en péril la stabilité dans la région de l’OSCE. Nous sommes résolus à continuer de nous attaquer à ces pro- blèmes.

Istanbul 1999 (Déclaration du Sommet)

26. Un grand nombre d’élections devant se tenir prochainement, nous sommes attachés à ce qu’elles soient libres, équitables et conformes aux principes et engagements de l’OSCE. C’est la seule manière de jeter les fondements stables d’un développement démocratique. Nous rendons hom- mage au BIDDH pour le rôle qu’il a joué en aidant les pays à élaborer une législation électorale conforme aux principes et engagements de l’OSCE et nous convenons de donner suite sans tarder aux conclusions et recommandations issues de l’évaluation des élections par le BIDDH. Nous appré- cions le travail du BIDDH et de l’Assemblée parlementaire de l’OSCE – avant, pendant et après les élections – qui contribue également au processus démocratique. Nous sommes résolus à garantir intégralement aux personnes appartenant à des minorités le droit de vote et à faciliter aux réfu- giés l’exercice du droit de participer aux élections se tenant dans leur pays d’origine. Nous nous engageons à assurer une compétition loyale entre candidats et entre partis, notamment en ce qui concerne leur accès aux médias et le respect du droit de réunion.

89 2.2 Élections

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

25. Nous réaffirmons notre obligation de tenir des élections libres et équitables conformément aux engagements de l’OSCE et notamment au Document de Copenhague 1990. Nous reconnaissons l’aide que le BIDDH peut apporter aux États participants dans l’élaboration et l’application de la législation électorale. Conformément à ces engagements, nous inviterons aux élections les obser- vateurs d’autres États participants, du BIDDH, de l’Assemblée parlementaire de l’OSCE et de toute autre institution et organisation appropriée, qui souhaitent suivre le déroulement de nos scrutins. Nous convenons de donner suite sans tarder aux rapports d’évaluation des élections présentés par le BIDDH et à ses recommandations.

Porto 2002 (Décision n° 7/02 sur les engagements en matière d’élections)

Le Conseil ministériel,

Rappelant les dispositions du Document de 1990 de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE,

Notant que des engagements supplémentaires (…) ont complété ces dispositions, Réaffirmant la ferme intention d’exécuter ces engagements,

Reconnaissant que des élections démocratiques peuvent avoir lieu sous divers systèmes électoraux,

Conscient de l’expérience du BIDDH en matière d’aide aux États participants dans l’exécution de leurs engagements ayant trait aux élections,

Tenant compte de la Décision du Conseil permanent No 509 sur les normes et engagements inter- nationaux : guide pratique des meilleures méthodes pour des élections démocratiques,

Invite les États participants à tenir davantage compte des recommandations faites par le BIDDH à l’issue de l’observation des élections ;

Maastricht 2003 (Décision N° 5/03 sur les élections)

Le Conseil ministériel (...),

Se félicitant de la poursuite d’une coopération efficace entre le BIDDH et l’Assemblée parlemen- taire de l’OSCE en matière d’observation des élections,

Se félicitant du document « Existing Commitments for Democratic Elections in OSCE Participa- ting States : A Progress Report » (ODIHR.GAL/39/03), qui a été établi par le BIDDH et présenté aux États participants en juin de cette année,

Sachant en particulier que la confiance de l’électorat dans tout le processus, la transparence des procédures électorales et la responsabilité des autorités chargées de la conduite des élections sont nécessaires, prie les États participants d’intensifier leur coopération avec le BIDDH dans ce domaine,

90 2.2 Élections

Bruxelles 2006 (Décision N° 19/06 sur le renforcement de l’efficacité de l’OSCE)

Le Conseil ministériel (...),

1. Remercie le BIDDH des travaux qu’il a menés au titre du paragraphe 2 de la Décision N° 17/05 du Conseil ministériel et prend note de son rapport distribué le 10 novembre 2006 ; (…)

3. Rappelle aux États participants que leur législation et leurs pratiques doivent rester conformes aux engagements de l’OSCE ;

6. Prend note des suggestions figurant dans le rapport concernant de nouveaux engagements et demande au Conseil permanent de se prononcer sur ces suggestions, à temps pour la réunion 2 du Conseil ministériel à Madrid en 2007 ; (…)

8. S’engage à développer plus avant les activités de l’OSCE relatives aux élections, et dans ce contexte, réaffirme les dispositions du Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE (1990) en tant que pierre angulaire des engagements com- muns des États participants de l’OSCE à protéger et promouvoir les droits de l’homme et les liber- tés fondamentales, notamment ceux qui sont nécessaires à la tenue d’élections démocratiques ;

9. Note que les dispositions pertinentes de la Déclaration du Sommet de Budapest (1994), de la Déclaration du Sommet de Lisbonne (1996), de la Déclaration du Sommet d’Istanbul (1999), de la Charte de sécurité européenne (1999) et des décisions ultérieures du Conseil ministériel de Porto (2002) et Maastricht (2003) ont complété ces engagements ;

11. Souligne que les États participants peuvent eux-mêmes contribuer efficacement à renforcer l’in- tégrité du processus électoral en mettant des observateurs à disposition ; (…)

Astana 2010

6. (...) Nous apprécions le rôle important que jouent la société civile et les médias libres pour nous aider à assurer le respect intégral des droits de l’homme, des libertés fondamentales, de la démo- cratie, y compris grâce à des élections libres et équitables, et l’état de droit.

91 2.3 Institutions démocratiques

2.3 Institutions démocratiques

2.3.1 Dispositions générales

Copenhague 1990

(3) [Les États participants] réaffirment que la démocratie est un élément inhérent à l’État de droit. Ils reconnaissent l’importance du pluralisme des organisations politiques.

(4) Ils confirment qu’ils respecteront le droit de chacun d’entre eux de choisir et de développer librement son système politique, social, économique et culturel, conformément aux normes inter- nationales communément admises en matière de droits de l’homme. Dans l’exercice de ce droit, ils veilleront à ce que leurs lois, règlements, pratiques et politiques soient conformes à leurs obli- gations découlant du droit international et soient harmonisés avec les dispositions de la Déclara- tion sur les principes et les autres engagements pris dans le cadre de la CSCE.

92 2.3.1 Dispositions générales

(7) Pour faire en sorte que la volonté du peuple soit le fondement des autorités publiques, les États participants (…) (7.2) – permettront que tous les sièges, dans au moins une des chambres du pouvoir législatif natio- nal, soient librement disputés dans le cadre d’un vote populaire ; (…) (7.9) – veilleront à ce que les candidats qui obtiennent le nombre nécessaire de voix requis par la loi soient dûment investis de leur fonction, et qu’il leur soit permis de conserver celle-ci jusqu’à ce que leur mandat arrive à expiration ou qu’il y soit mis un terme pour toute autre raison d’une manière prescrite par la loi conformément à des procédures parlementaires et constitutionnelles démocratiques. (…)

(26) Les États participants reconnaissent qu’une démocratie vigoureuse dépend de l’existence, comme partie intégrante de la vie nationale, de valeurs et de pratiques démocratiques ainsi que d’une gamme étendue d’institutions démocratiques. A ces fins, ils encourageront, faciliteront et, le cas échéant, appuieront les efforts concrets de coopération et le partage d’informations, d’idées et d’expertise et les contacts directs ainsi que la coopération entre individus, groupes et organisa- tions dans les domaines suivants : • droit constitutionnel, réformes et développement en la matière, 2 • législation électorale, organisation et observation des élections, • création et administration de cours et tribunaux et de systèmes juridiques, • mise en place d’une administration publique impartiale et efficace dans laquelle le recrutement et l’avancement sont fondés sur le mérite, • application de la loi, • collectivités locales et décentralisation, • accès à l’information et protection de la vie privée, • création de partis politiques et leur rôle dans des sociétés pluralistes, • liberté et indépendance des syndicats, • mouvements coopératifs, • création d’autres formes d’associations libres et de groupes d’intérêt public, • presse, indépendance des médias, vie intellectuelle et culturelle, • enseignement, dans les établissements éducatifs, portant sur les valeurs, les institutions et les pratiques démocratiques, et promotion d’une atmosphère de libre discussion.

Ces efforts comprendront toute l’étendue de la coopération dans le cadre de la dimension humaine de la CSCE, en s’attachant, entre autres, aux sujets suivants : formation, échange d’informations, d’ouvrages et de matériel pédagogique, programmes et projets de coopération, échanges et confé- rences d’universitaires et de spécialistes, bourses d’études, bourses de recherche, fourniture de ser- vices d’experts et de services consultatifs, contacts et programmes commerciaux et scientifiques.

(27) Les États participants faciliteront également la création et le renforcement d’institutions natio- nales indépendantes dans le cadre des droits de l’homme et de l’État de droit, qui puissent aussi ser- vir de centres de coordination et de coopération entre ces institutions dans les États participants.

93 2.3.1 Dispositions générales

Ils proposent que la coopération soit encouragée entre les parlementaires des États participants, notamment par les associations interparlementaires existantes et aussi par la création de commis- sions mixtes et l’organisation de débats télévisés avec la participation de parlementaires, de réunions et de tables rondes. Ils encourageront également les institutions existantes telles que les organisa- tions du système des Nations Unies et le Conseil de l’Europe à poursuivre et à accroître les activi- tés qu’elles ont entreprises dans ce domaine.

Moscou 1991

(18.1) Les lois seront élaborées et adoptées au terme d’une procédure ouverte exprimant la volonté du peuple, directement ou par l’intermédiaire de ses représentants élus.

Athènes 2009 (Décision N° 7/09 sur la participation des femmes à la vie politique et publique)

Le Conseil ministériel (...),

Conscient que dans l’espace de l’OSCE les femmes continuent d’être sous-représentées dans les structures décisionnelles au sein des pouvoirs législatifs, exécutifs, y compris les services de police, et judiciaire,

Préoccupé par le fait que la discrimination généralisée à l’égard des femmes continue à faire obs- tacle à leur participation effective à la vie politique et publique à tous les niveaux, (…)

Demande aux États participants :

1. D’envisager de prévoir des mesures spécifiques pour atteindre l’objectif de la parité entre les sexes dans tous les organes législatifs, judiciaires et exécutifs, y compris les services de sécurité, tels que les services de police ;

2. D’envisager éventuellement des mesures législatives susceptibles de faciliter une participation plus équilibrée des femmes et des hommes à la vie politique et publique, et en particulier à la prise des décisions ;

3. D’encourager tous les acteurs politiques à promouvoir une participation égale des femmes et des hommes dans les partis politiques, en vue d’assurer une représentation plus équilibrée entre les sexes aux fonctions publiques électives à tous les niveaux de décision ; (…)

5. De concevoir et d’introduire au besoin des processus ouverts et participatifs qui renforcent la participation des femmes et des hommes dans toutes les phases de l’élaboration de la législa- tion, des programmes et des politiques ; (…)

7. De prendre les mesures voulues pour mettre en place, le cas échéant, des mécanismes nationaux efficaces pour mesurer l’égalité de la participation et de la représentation des femmes ;

94 2.3.2 Gouvernement décentralisé, structures et organismes spécifiques

spécifiques à la participation des femmes à la vie politique et publique et pour la promotion de l’éga- lité des chances entre les femmes et les hommes ;

9. D’encourager un partage des tâches et des responsabilités parentales entre les femmes et les hommes afin de faciliter l’égalité des chances pour les femmes de participer effectivement à la vie politique et publique.

2.3.2 Gouvernement décentralisé, structures et organismes spécifiques

Genève 1991 (IV)

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants,

(53) S’efforceront, en vue de renforcer la participation démocratique et l’édification d’institutions démocratiques et en développant la coopération entre eux, de partager leur expérience respective du fonctionnement de la démocratie à l’échelon local et régional et, à cet égard, notent avec satisfaction la mise en place, dans ce domaine, du réseau d’information et d’éducation du Conseil de l’Europe ;

(54) Faciliteront les contacts entre les autorités locales et régionales et encourageront diverses formes de coopération entre elles.

2.3.3 Contrôle civil démocratique des forces de sécurité intérieures, des forces militaires et paramilitaires, des services de renseignement et de la police

Copenhague 1990

95 2.3.3 Contrôle civil démocratique des forces de sécurité intérieures, des forces militaires et paramilitaires

(…)

(5.6) – les forces militaires et la police doivent être placées sous le contrôle de l’autorité civile, devant laquelle elles sont responsables ;

Moscou 1991

(25) Les États participants (25.1) – assureront que leurs forces militaires et paramilitaires et leurs services de sécurité inté- rieure, de renseignement et de police soient placés sous la direction et le contrôle effectifs de auto- rités civiles compétentes ; (25.2) – maintiendront et, le cas échéant, renforceront le contrôle de l’exécutif sur l’utilisation des forces militaires et paramilitaires, ainsi que sur les activités des services de sécurité intérieure, de renseignement et de police ; (25.3) – prendront des mesures appropriées pour créer, lorsqu’il n’en existe pas, et maintenir des moyens efficaces de supervision par le pouvoir législatif de tous ces services, forces et activités.

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

20. Les États participants considèrent que le contrôle politique démocratique des forces militaires, paramilitaires et de sécurité intérieure ainsi que des services de renseignements et de police est un élément indispensable de la stabilité et de la sécurité. Ils poursuivront l’intégration de leurs forces armées dans la société civile comme une manifestation importante de la démocratie.

21. Chaque État participant assurera et maintiendra en tout temps la conduite et le contrôle effi- caces de ses forces militaires, paramilitaires et de sécurité par des autorités établies constitu- tionnellement et investies d’une légitimité démocratique. Chaque État participant instituera les contrôles nécessaires pour veiller à ce que les autorités en question s’acquittent de leurs responsa- bilités constitutionnelles et légales. Les États participants définiront clairement le rôle et les mis- sions de leurs forces ainsi que leur obligation d’agir exclusivement dans le cadre constitutionnel.

22. Chaque État participant fera en sorte que son parlement approuve le budget des dépenses mili- taires. Chaque État participant, compte dûment tenu des impératifs de la sécurité nationale, modé- rera ses dépenses militaires et assurera la transparence des programmes de défense de même que l’accès du public aux informations relatives aux forces armées.

23. Chaque État participant, tout en prenant des mesures pour que chaque membre des forces armées puisse exercer ses droits civiques, veillera à ce que ses forces armées elles-mêmes soient politiquement neutres.

24. Chaque État participant prendra et maintiendra des mesures pour se prémunir contre une uti- lisation accidentelle ou non autorisée de moyens militaires.

25. Les États participants s’abstiendront de tolérer ou d’entretenir des forces qui échapperaient au contrôle de leurs autorités constitutionnellement établies ou n’auraient pas à leur rendre compte. Si un État participant n’est pas en mesure d’exercer son autorité sur de telles forces, il pourra pro- céder à des consultations au sein de la CSCE pour examiner les mesures à prendre. (…)

96 2.3.4 Institutions nationales indépendantes traitant des droits de l’homme

36. Chaque État participant veillera à ce que toute décision assignant à ses forces armées des missions de sécurité intérieure soit prise selon des procédures constitutionnelles. Une telle décision spéci- fiera les missions données aux forces armées et précisera qu’elles seront accomplies sous le contrôle effectif d’autorités constitutionnellement établies et dans le respect de la légalité.

2.3.4 Institutions nationales indépendantes traitant des droits de l’homme

Copenhague 1990

(27) Les États participants faciliteront (…) la création et le renforcement d’institutions nationales indépendantes dans le cadre des droits de l’homme et de l’État de droit, qui puissent aussi ser- vir de centres de coordination et de coopération entre ces institutions dans les États participants. Ils proposent que la coopération soit encouragée entre les parlementaires des États participants, notamment par les associations interparlementaires existantes et aussi par la création de commis- sions mixtes et l’organisation de débats télévisés avec la participation de parlementaires, de réunions et de tables rondes. Ils encourageront également les institutions existantes telles que les organisa- tions du système des Nations Unies et le Conseil de l’Europe à poursuivre et à accroître les activi- tés qu’elles ont entreprises dans ce domaine.

Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels) 2 Le Conseil ministériel (...),

10. Encourage l’établissement, par les États participants qui ne l’ont pas encore fait, d’institutions ou d’organismes spécialisés pour lutter contre l’intolérance et la discrimination (...) en mettant à profit les compétences et l’assistance des institutions pertinentes de l’OSCE, sur la base des enga- gements existants, et des institutions internationales pertinentes, selon qu’il conviendra ; (…)

2.3.5 Organisations non gouvernementales

Voir aussi I. 2.3.3 : Individus, défenseurs des droits de l’homme et organisations non-gouvernementales

Moscou 1991

97 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

(43.4) – autoriseront les ONG, étant donné l’importance de leur rôle dans le cadre de la dimen- sion humaine de la CSCE, à porter leurs vues à la connaissance de leurs gouvernements respectifs et des gouvernements de tous les autres États participants au cours des futurs travaux de la CSCE sur la dimension humaine.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

Astana 2010

2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

33. Nous réaffirmons notre attachement à l’état de droit. Nous reconnaissons que la corruption constitue une grave menace pour les valeurs partagées de l’OSCE. Elle engendre l’instabilité et touche de nombreux aspects des dimensions sécuritaire, économique et humaine. Les États participants s’engagent à redoubler d’efforts pour combattre la corruption et les conditions qui la favorisent, et à promouvoir un cadre propice aux bonnes pratiques de gestion des affaires publiques et à l’in- tégrité publique. Ils feront un meilleur usage des instruments internationaux existants et s’aide- ront les uns les autres dans la lutte contre la corruption. Dans le cadre de son action en faveur de l’état de droit, l’OSCE coopérera avec les ONG qui luttent pour susciter dans le public et dans les milieux d’affaires un ferme consensus contre les pratiques de corruption.

98 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Maastricht 2003 (Document sur la stratégie de l’OSCE Concernant la dimension économique et environnementale)

Promouvoir la transparence et lutter contre la corruption 2.2.4 La transparence dans la conduite des affaires publiques est une condition essentielle de la res- ponsabilisation des États et de la participation active de la société civile au processus économique. La transparence accroît la prévisibilité et la confiance dans une économie qui fonctionne avec une législation appropriée et dans le plein respect de la primauté du droit. Des médias libres et plura- listes qui bénéficient d’une indépendance rédactionnelle maximale par rapport aux pressions poli- tiques et financières ont un rôle important à jouer pour assurer cette transparence. 2.2.5 Nous ferons en sorte que nos gouvernements soient plus transparents en élaborant plus avant les processus et institutions pour fournir des informations en temps opportun, notamment des statistiques fiables, sur des questions présentant un intérêt général dans les domaines économique et environnemental pour les médias, le monde des affaires, la société civile et les citoyens, afin de promouvoir un dialogue éclairé et coopératif. Tout cela est essentiel à un processus décision- nel qui tienne compte des réalités changeantes ainsi que des besoins et souhaits de la population. 2.2.6. La transparence est importante également pour l’exposition et la poursuite de toutes les formes de corruption qui sapent nos économies et nos sociétés. Outre la transparence, la lutte contre la corruption exige que les États participants adoptent une stratégie globale et sur le long terme en la matière. 2.2.7 Nous sommes d’accord pour faire de l’élimination de toutes les formes de corruption une 2 priorité. Nous envisagerons d’adhérer aux conventions internationales et autres instruments dans le domaine de la lutte contre la corruption, notamment les instruments mis au point par le Conseil de l’Europe et l’Organisation de coopération et de développement économiques (OCDE), encoura- gerons leur ratification et appuierons leur mise en œuvre intégrale. Nous nous félicitons de l’adop- tion de la Convention des Nations Unies contre la corruption et espérons que cet instrument sera rapidement signé et ratifié et qu’il entrera en vigueur dès que possible.

Améliorer la gestion des ressources publiques 2.2.8 Une autre composante de la bonne gouvernance est la gestion efficace des ressources publiques par des institutions fortes et qui fonctionnent bien, un service civil, professionnel et efficace ainsi que des processus budgétaires sains. Une bonne gestion des ressources publiques, notamment la collecte de l’impôt, l’établissement et l’exécution du budget ainsi que les achats publics, est par- ticulièrement importante pour offrir les meilleurs services sociaux et publics possibles. Nous nous attacherons à assurer une base financière solide à nos systèmes administratifs publics et à renfor- cer plus avant leur efficacité et leur efficience à tous les niveaux.

Sofia 2004 (Décision n° 11/04 sur la lutte contre la corruption)

Le Conseil ministériel (...),

Reconnaissant que la Convention des Nations Unies contre la corruption, adoptée par l’Assem- blée générale des Nations Unies le 31 octobre 2003 à New York, marque un progrès majeur dans la coopération internationale dans le domaine de la lutte contre la corruption et offre la possibi- lité d’une réaction mondiale à ce problème,

Encourage les États participants de l’OSCE qui ne l’ont pas encore fait, à signer et à ratifier la Conven- tion des Nations Unies contre la corruption dans les meilleurs délais afin d’assurer son entrée en vigueur rapide et de l’appliquer intégralement.

99 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Dublin 2012 (Déclaration sur le renforcement de la bonne gouvernance et sur la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme) (…)

Nous réaffirmons qu’une bonne gouvernance à tous les niveaux est capitale pour la croissance éco- nomique, la stabilité politique et la sécurité. Une bonne gouvernance publique et d’entreprise, l’état de droit et des institutions fortes sont les pierres angulaires d’une économie saine, qui peuvent permettre à nos États de réduire la pauvreté et l’inégalité, d’accroître l’intégration sociale et les chances pour tous, d’attirer l’investissement et de protéger l’environnement.

Nous réaffirmons que la paix, de bonnes relations internationales, la sécurité et la stabilité de l’État, ainsi que la sécurité et la sûreté de la personne au sein de l’État, fondées sur l’état de droit et le res- pect des droits de l’homme, jouent un rôle crucial dans la création du climat de confiance indis- pensable à un développement économique et social positif.

La transparence dans les affaires publiques est une condition essentielle de la responsabilité des États et de la participation active de la société civile et du secteur privé aux processus économiques et de développement. La transparence accroît la prévisibilité des institutions et des économies qui fonctionnent sur la base d’une législation appropriée et dans le plein respect de l’état de droit, ainsi que la confiance en ces dernières.

Nous convenons que les problèmes de gouvernance, notamment la corruption et le blanchiment d’argent, privent les États participants de la capacité d’assurer efficacement un développement éco- nomique, social et environnemental durable et sapent la cohésion sociale, la stabilité et la sécurité. (...) C’est pourquoi nous réaffirmons notre engagement sans réserve de combattre la corruption et de lutter contre le blanchiment d’argent, le financement du terrorisme et les infractions connexes en en faisant des priorités politiques étayées par des instruments juridiques appropriés, des res- sources financières, humaines et institutionnelles adéquates et, le cas échéant, des outils appro- priés pour leur mise en œuvre pratique et efficace.

(...) Nous affirmons que les engagements politiques de l’OSCE liés à la bonne gouvernance et à la transparence concernent les trois dimensions, et réitérons notre pleine adhésion à la mise en œuvre de ces engagements dans le cadre d’une approche globale, telle que définie dans le pré- sent document et d’autres documents pertinents de l’OSCE.

Bonne gouvernance et transparence

Nous considérons qu’un secteur public fondé sur l’intégrité, l’ouverture, la transparence, la res- ponsabilité et l’état de droit est un facteur majeur de croissance économique durable, et recon- naissons qu’un tel secteur public constitue un élément important pour favoriser la confiance des citoyens dans les institutions publiques et le gouvernement. Nous soulignons par conséquent l’im- portance d’éduquer et de former les agents publics au comportement éthique, d’établir et d’ap- pliquer des codes de conduite pertinents et des lois sur les conflits d’intérêts, ainsi que d’adopter et de mettre en œuvre des systèmes très complets de déclaration des revenus et des avoirs pour les agents publics concernés. En particulier, nous reconnaissons que l’établissement et le respect des codes de conduite pour les institutions publiques sont essentiels pour renforcer la bonne gouver- nance, l’intégrité du secteur public et l’état de droit, et fournir des normes rigoureuses d’éthique et de conduite pour les agents publics. (…)

100 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Nous reconnaissons que la bonne gouvernance et la lutte contre la corruption ne pourront aboutir sans une participation pleine et égale des femmes et des hommes dans les processus et institutions politiques et économiques, comme stipulé dans divers documents de l’OSCE. Nous soulignons l’im- portance de donner aux femmes les moyens de participer et de contribuer activement aux politiques et aux activités liées à la bonne gouvernance dans l’intérêt à la fois des hommes et des femmes. (…)

II. Lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme (…)

Nous reconnaissons que la lutte contre la corruption requiert des approches stratégiques sur le long terme et globales et des institutions fortes. Nous sommes convaincus que les personnes chargées de la prévention, de l’identification, des enquêtes, des poursuites et des jugements pour les infrac- tions de corruption ne devraient pas subir d’influence indue. En particulier, nous soulignons le rôle central que les services de détection et de répression et les institutions judiciaires jouent pour com- battre la corruption et garantir l’état de droit. Nous reconnaissons qu’il est capital de préserver l’indépendance du pouvoir judiciaire afin de lui permettre d’exercer cette fonction et nécessaire d’intensifier les efforts à cet égard. Nous reconnaissons aussi qu’il est important et nécessaire que des ressources adéquates soient allouées à ces institutions. (…) 2

III. La société civile et le secteur privé

Nous encourageons l’OSCE à continuer d’adhérer à son approche globale en matière de sécurité et de renforcer le dialogue et la coopération entre les gouvernements, la société civile et le secteur privé afin de soutenir les efforts de bonne gouvernance, notamment en matière de lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme, dans les États participants. (…)

Nous encourageons les milieux d’affaires à tenir compte dans leurs activités des besoins sociaux, environnementaux, humanitaires et de sécurité des États participants. (…)

IV. Coopération pour le progrès

Nous reconnaissons que l’OSCE est un forum de dialogue politique, d’échange d’informations et de coopération sur la bonne gouvernance, ainsi qu’une plateforme sur laquelle bâtir le consensus politique et la compréhension nécessaires concernant l’importance de la prévention et de la répres- sion de la corruption, du blanchiment d’argent et du financement du terrorisme à tous les niveaux pour un développement et une stabilité socio-économiques durables. Nous réaffirmons notre enga- gement de coopérer à l’élaboration de stratégies en faveur de la bonne gouvernance et à procéder à un échange d’expériences sur les meilleures pratiques. (…)

101 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Bâle 2014 (Décision n° 5/14 sur la prévention de la corruption) (…)

Conscient que la corruption à tous les niveaux constitue une source potentielle de tension poli- tique qui compromet la stabilité et la sécurité des États participants, menace les valeurs partagées de l’OSCE et facilite l’activité criminelle, (…)

Se félicitant du fait que presque tous les États participants ont ratifié la Convention des Nations Unies contre la corruption (CNUCC) ou y ont adhéré et s’emploient à s’acquitter de leurs engage- ments découlant de cette convention,

Soulignant l’importance de la coopération avec d’autres organisations internationales compétentes dans la prévention et la lutte contre la corruption,

Encourage les États participants : • À continuer de développer et d’appliquer la législation et les politiques de prévention de la cor- ruption, ainsi qu’à instaurer et à promouvoir des mesures et des outils pratiques de lutte contre la corruption sous toutes ses formes et à tous les niveaux pour les secteurs tant privé que public et pour d’autres parties prenantes ; • À prendre des mesures pour améliorer la transparence, la responsabilisation et l’état de droit dans l’administration publique, conformément aux principes fondamentaux de leurs systèmes juri- diques, au moyen notamment de l’introduction de mesures efficaces facilitant l’accès du public à l’information et de la promotion de la prestation de services publics efficaces ; (…) • À promouvoir une culture d’intégrité, de transparence et de responsabilisation, dans tous les secteurs de la société, afin de contribuer à la prévention de la corruption ; • À reconnaître le rôle important que jouent les lanceurs d’alerte dans la détection et la préven- tion de la corruption et la défense de l’intérêt public et à intensifier les efforts nationaux indivi- duels pour assurer une protection suffisante aux lanceurs d’alerte ; • À contribuer au renforcement des mesures de sensibilisation à la corruption dans tous les sec- teurs de la société, en dispensant des programmes de formation et d’éducation dans le domaine de la prévention de la corruption et de l’intégrité, une attention particulière étant accordée à la jeunesse, et en reconnaissant le rôle joué à cet égard par une société civile engagée et bien infor- mée et par des médias indépendants, libres et pluralistes ; • À prendre les mesures nécessaires, conformément aux principes fondamentaux de leurs sys- tèmes juridiques, pour instituer ou améliorer des systèmes appropriés d’achats publics fondés sur la transparence, la concurrence et des critères décisionnels objectifs qui soient efficaces pour prévenir la corruption ; • À soutenir des mesures visant à renforcer l’intégrité de la magistrature et à prévenir les possibi- lités de corruption parmi les membres de la magistrature et des services de poursuite ; (…) • À recourir aux outils, principes directeurs et projets disponibles de l’OSCE dans la prévention et la lutte contre la corruption ;

102 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

• (...) ; Charge les structures exécutives de l’OSCE (...) de promouvoir, dans la limite des ressources dont ils disposent et de leurs mandats, les outils et les principes directeurs existants de l’OSCE concernant la lutte et la prévention en matière de corruption ;

Hambourg 2016 (Décision n° 4/16 sur le renforcement de la bonne gouvernance et la promotion de la connectivité)

Le Conseil ministériel (...),

Reconnaissant que la bonne gouvernance, la transparence et la responsabilité sont des conditions indispensables à la croissance économique, aux échanges, aux investissements et au développe- ment durable et contribuent ainsi à la stabilité, à la sécurité et au respect des droits de l’homme dans l’espace de l’OSCE,

Conscient que la corruption et l’absence de bonne gouvernance sont des sources potentielles de ten- sion politique qui compromettent la stabilité et la sécurité des États participants,

Reconnaissant que la bonne gouvernance, l’état de droit, la prévention et la lutte contre la corrup- tion, le blanchiment d’argent et le financement du terrorisme, de solides cadres règlementaires, y compris une protection adéquate des lanceurs d’alerte, un secteur public fondé sur l’intégrité, l’ouverture, la transparence et la responsabilité ainsi qu’une bonne gouvernance d’entreprise basée sur une gestion efficace, des audits appropriés, la responsabilité ainsi que l’observation et le res- 2 pect des lois, des règles et des règlements, de la déontologie des affaires et des codes de conduite institués en étroite consultation avec les entreprises et la société civile sont des éléments cruciaux pour promouvoir un climat des affaires et des investissements favorable dans l’espace de l’OSCE,

Se félicitant que presque tous les États participants aient ratifié la Convention des Nations Unies contre la corruption (CNUCC) ou y aient adhéré et s’emploient à honorer les engagements décou- lant de cette convention, (…)

Affirmant qu’une gestion transparente des ressources publiques par des institutions fortes qui fonctionnent bien, une fonction publique professionnelle et efficace ainsi que des processus bud- gétaires et de passation des marchés publics qui sont sains constituent des éléments majeurs d’une bonne gouvernance,

Sachant l’importance d’une participation active du secteur privé, y compris les petites et moyennes entreprises, la société civile et les médias, à la prévention et à la lutte contre la corruption ainsi qu’à la promotion d’un bon climat des affaires et des investissements, (…)

Rappelant le Programme de développement durable à l’horizon 2030 et ses objectifs et cibles en la matière ainsi que l’Accord de Paris adopté en décembre 2015, y compris le rôle que la bonne gou- vernance, entre autres facteurs, joue dans leur mise en œuvre,

Sachant l’importance d’une pleine adhésion des secteurs public et privé aux normes du travail, sociales et environnementales et sa contribution à la bonne gouvernance et au développement durable, (…)

103 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Réaffirmant les engagements existants de l’OSCE dans le domaine de la bonne gouvernance, sou- lignant notre détermination à lutter contre la traite des êtres humains sous toutes ses formes et reconnaissant le rôle que la transparence et la responsabilité dans les processus de passation des marchés publics peuvent jouer dans la prévention et la lutte contre la traite des êtres humains et l’exploitation par le travail,

Renforcement de la bonne gouvernance, promotion de la transparence et amélioration du climat des affaires

1. Encourage les États participants à adhérer à la Convention des Nations Unies contre la corrup- tion (CNUCC), à la ratifier et à l’appliquer, ainsi qu’à échanger des informations et les meilleures pratiques sur le processus du deuxième cycle d’examen de la CNUCC, comme énoncé dans cette convention ;

2. Encourage les États participants, selon qu’il conviendra, à mettre en œuvre et respecter les normes internationales pertinentes, comme celles que prescrit la Convention de l’OCDE sur la lutte contre la corruption d’agents publics étrangers dans les transactions commerciales internationales, ainsi que les « Normes internationales sur la lutte contre le blanchiment de capitaux et le financement du terrorisme et de la prolifération » du Groupe d’action financière (GAFI), et à contribuer à l’inten- sification de la participation de toutes les parties prenantes concernées, y compris la société civile et les milieux d’affaires, à leur application, comme énoncé dans ces instruments internationaux ;

3. Encourage les États participants à promouvoir l’échange des meilleures pratiques entre toutes les parties prenantes concernées qui contribuent à la bonne gouvernance publique et d’entreprise, à la promotion de la transparence ainsi qu’à la prévention et à la lutte contre la corruption, égale- ment dans le domaine de l’environnement ;

4. Appelle les États participants à continuer de promouvoir l’intégrité, la responsabilité et la ren- tabilité dans les processus de passation des marchés publics, également en veillant à ce que les intérêts privés n’influent pas indûment sur les décisions prises aux échelons gouvernementaux compétents, et à prévoir des exigences de transparence adéquates pour les sociétés participant aux adjudications publiques ;

5. Appelle les États participants à faciliter l’accès aux informations gouvernementales appropriées en accroissant la responsabilité du secteur public et en stimulant la participation du public grâce à la cybergouvernance ;

6. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources dont elles disposent, de contribuer au renfor- cement de la coopération entre les États participants, le secteur privé et la société civile et d’as- socier activement le secteur privé et la société civile à leurs activités en matière de renforcement de la bonne gouvernance, de promotion de la transparence et d’amélioration du climat des affaires et des investissements ; (…)

18. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources dont elles disposent, d’apporter un soutien aux États participants pour l’échange des meilleures pratiques en ce qui concerne la sensibilisation à la pertinence des normes du travail, sociales et environnementales internationalement recon- nues, ainsi que le renforcement de la bonne gouvernance et la promotion de la transparence dans les processus de passation des marchés publics ;

104 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Renforcement des partenariats public-privé dans la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme

19. Encourage les États participants à faciliter la coopération entre les services répressifs, judiciaires et de renseignement financier et d’autres acteurs concernés et entre le secteur public et le secteur privé ainsi que la société civile, y compris les médias, dans la lutte contre la corruption, le blan- chiment d’argent et d’autres délits financiers ;

20. Charge les structures exécutives compétentes de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources dont elles disposent, de faciliter le dialogue et la coopération entre les gouvernements, le secteur privé et la société civile en vue de soutenir les efforts de bonne gouvernance, y compris la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme, et de remédier aux entraves à la croissance économique et au déve- loppement durable ; (..)

Tirana 2020 (Décision no 6/20 intitulée « Prévenir et combattre la corruption grâce à la transformation numérique et à une transparence accrue »)

Le Conseil ministériel,

Rappelant qu’il importe de promouvoir la bonne gouvernance, y compris grâce à une transpa- 2 rence accrue, et de prévenir et combattre la corruption pour renforcer la sécurité, la stabilité et la croissance économique (...),

(...) et conscient des possibilités qu’offre la transformation numérique pour prévenir et combattre la corruption et faire face aux nouveaux défis dans ce domaine, (…)

Reconnaissant la nécessité d’accroître les efforts visant à prévenir et combattre effectivement la cor- ruption, notamment grâce à la transformation numérique, tout en maintenant la primauté du droit et en protégeant les droits de l’homme,

Conscient du rôle joué par l’OSCE en soutien aux efforts déployés par les États participants pour prévenir et combattre la corruption,

Reconnaissant qu’un secteur public fondé sur l’intégrité, l’ouverture, la transparence, la respon- sabilité, la réactivité et la primauté du droit est indispensable pour prévenir et combattre la cor- ruption, assurer une croissance et un développement économique durables, améliorer le climat des affaires et des investissements et contribuer à soutenir les efforts déployés par les États par- ticipants pour promouvoir l’intégration sociale et les possibilités offertes à tous, y compris aux femmes et aux jeunes,

Conscient de l’importance de la participation du secteur privé, de la société civile et des médias, ainsi que des milieux universitaires, aux efforts visant à prévenir et combattre la corruption ainsi qu’à améliorer la bonne gouvernance, y compris pour ce qui est de la concrétisation des principes de transparence et de responsabilité,

105 2.3.6 Encourager la transparence, lutter contre la corruption et améliorer la gestion des ressources publiques

Reconnaissant que des services publics en ligne accessibles, sûrs et fiables qui sont axés sur l’uti- lisateur peuvent jouer un rôle clé dans l’augmentation de l’efficacité et de la transparence de l’ad- ministration publique et la promotion de la confiance en cette dernière,

Conscient de l’importance des données gouvernementales ouvertes comme outil susceptible d’ai- der à prévenir et combattre la corruption en augmentant la responsabilité et la transparence, ce qui permet aux citoyens, conformément au droit interne, de mieux surveiller l’utilisation faite des fonds publics et les processus d’élaboration des politiques,

Conscient de l’importance qu’il y a d’utiliser des méthodologies et des indicateurs objectifs ainsi que des données ventilées pour mesurer la corruption et l’impact concret des mesures de lutte contre celle-ci, conformément au droit interne, et d’adopter de meilleures politiques anti-corrup- tion fondées sur des preuves, (…)

1. Demande aux États participants de prévenir et combattre la corruption : (a) En renforçant la bonne gouvernance, dont les principes de transparence et de responsabilité, et en promouvant l’intégrité et la surveillance ; (b) En utilisant des outils numériques pour accroître l’intégrité et la responsabilité des fournis- seurs de services publics aux fins d’aider à prévenir et combattre la corruption ainsi que de parve- nir à une croissance et à un développement économique durables, d’améliorer le climat des affaires et des investissements et de faciliter les efforts déployés par les États participants pour contribuer à l’inclusion sociale et à la participation économique équitable des femmes et des jeunes ; (c) En renforçant la transparence de l’administration publique par la numérisation des systèmes fondés sur le papier et autres systèmes analogues, en particulier dans le domaine des marchés publics et, selon que de besoin, des mécanismes existants de déclaration des revenus et des avoirs des agents publics et autres personnes exposées politiquement, dans la mesure autorisée par le droit interne, avec tout le respect voulu pour les données confidentielles et personnelles ; (d) En promouvant l’utilisation d’outils numériques pour la détection et la prévention de la cor- ruption à un stade précoce en renforçant les processus nationaux et internationaux d’identifica- tion électronique sécurisée en conformité avec le droit interne applicable ; (e) En introduisant des outils numériques, selon que de besoin, pour réduire les pesanteurs et obs- tacles administratifs et en facilitant l’interaction entre les citoyens, les commerces, les entreprises et l’administration publique ; (f) En promouvant des portails d’administration électronique plus transparents, responsables, fiables et accessibles dans le but de faciliter le libre-accès à l’information et la fourniture efficace de services publics ; (g) En promouvant et en utilisant les technologies numériques pour renforcer et étendre la for- mation à la lutte contre la corruption, selon que de besoin, avec les organisations internationales compétentes dans ce domaine ; (h) En encourageant la création et l’amélioration de mécanismes destinés à assurer la transparence des informations sur la propriété réelle, conformément au droit interne ; (i) En soutenant l’éducation des jeunes, conformément aux systèmes éducatifs nationaux, à l’im- portance de la bonne gouvernance, y compris la transparence, et de l’action de prévention et de lutte contre la corruption, ainsi qu’en favorisant les compétences numériques et en renforçant les mesures de sensibilisation, y compris la promotion de l’action collective et de la collaboration entre les secteurs public et privé et la société civile ;

106 2.4 État de droit

(j) En réduisant les fractures numériques existantes en promouvant et en développant l’aptitude à se servir des outils numériques et en améliorant l’accessibilité des ressources et des outils en ligne de l’administration publique ; (k) En prenant des mesures appropriées pour faire en sorte que des canaux de signalement aisément accessibles et sûrs soient mis à la disposition des lanceurs d’alerte, mettre en place et en œuvre des mécanismes juridiques appropriés pour les protéger des représailles, et encourager les organisa- tions compétentes à établir et appliquer les protections nécessaires, conformément au droit interne ; (l) En adoptant, conformément au droit interne, une approche globale multipartite pour accroître l’efficacité et améliorer la coordination des mesures et des initiatives de lutte contre la corruption, y compris en encourageant l’exercice de la responsabilité sociale des entreprises ; (m) En promouvant la participation à part entière, sur un pied d’égalité et constructive des femmes à l’élaboration et à la mise en œuvre des activités pertinentes de lutte contre la corruption, aux fins de parvenir à l’égalité des genres, sachant que la corruption touche de façon disproportionnée les femmes et les personnes vulnérables ; (…)

3. Encourage les États participants à tirer le meilleur parti possible de l’OSCE en tant que plate- forme pour un dialogue, une coopération, un échange d’informations et un partage des meilleures pratiques dans le domaine de la prévention de la corruption et de la lutte contre cette dernière grâce à la transformation numérique et à une transparence accrue ; 2 4. Charge les structures exécutives concernées de l’OSCE, y compris les opérations de terrain, dans la limite de leurs mandats et des ressources disponibles, d’aider les États participants, sur leur demande, à mettre en œuvre les dispositions de la présente décision, y compris en coopérant avec les organisations régionales et internationales compétentes ; (…)

2.4 État de droit

Voir aussi I. 3 : Restrictions et dérogations II. 3.1.4 : Droit de ne pas être arrêté ou détenu arbitrairement II. 3.1.5 : Droit à un procès équitable II. 3.1.6 : Droit à un recours effectif

2.4.1 Dispositions générales

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(13) (…) [Les États participants] (…)

(13.4) – ils garantiront effectivement le droit de chacun de connaître ses droits et devoirs dans ce domaine et d’agir en conséquence, et, à cette fin, publieront et rendront accessibles toute la légis- lation, la réglementation et les procédures relatives aux droits de l’homme et aux libertés fonda- mentales ;

107 2.4.1 Dispositions générales

Copenhague 1990

[Les États participants] sont déterminés à soutenir et à promouvoir les principes de justice qui constituent les fondements de l’État de droit. Ils considèrent que l’État de droit ne signifie pas simplement une légalité formelle assurant régularité et cohérence dans l’instauration et la mise en œuvre de l’ordre démocratique mais bien la justice fondée sur la reconnaissance et la pleine acceptation de la valeur suprême de la personne humaine et garantie par des institutions offrant un cadre pour son expression la plus complète.

(3) Ils réaffirment que la démocratie est un élément inhérent à l’État de droit (…) (…)

(5) Ils déclarent solennellement que, parmi les principes de la justice essentiels à l’expression com- plète de la dignité inhérente à la personne humaine et des droits égaux et inaliénables de tous les êtres humains, il faut mentionner les suivants : (…) (5.3) – le devoir du gouvernement et des autorités publiques de se conformer à la constitution et d’agir conformément à la loi ; (…) (5.5) – l’activité du gouvernement et de l’administration ainsi que celle des autorités judiciaires doit s’exercer conformément au régime établi par la loi. Le respect de celui-ci doit être assuré ; (…) (5.7) – les droits de l’homme et les libertés fondamentales doivent être garantis par la loi et confor- mément aux obligations découlant du droit international ; (5.8) – les lois – adoptées au terme d’une procédure publique – et les règlements font l’objet d’une publication qui est la condition de leur applicabilité. Ces textes seront accessibles à tous ; (5.9) – tous les individus sont égaux devant la loi et ont droit sans aucune discrimination à une pro- tection égale de la loi. A cet égard, la loi interdit toute discrimination et garantit à toutes les per- sonnes une protection égale et effective contre toute discrimination, quels qu’en soient les motifs ; (…) (5.15) – toute personne arrêtée ou détenue pour une infraction pénale a le droit d’être aussitôt tra- duite devant un juge ou un autre magistrat habilité par la loi à exercer une telle fonction, qui sta- tuera sur la légalité de son arrestation ou de sa détention ; (…) (5.18) – nul ne peut être accusé d’une infraction pénale, jugé ou reconnu coupable à moins que cette infraction ne soit prévue par une loi qui en définit les éléments avec clarté et précision ; (5.19) – toute personne est présumée innocente aussi longtemps que sa culpabilité n’est pas prou- vée conformément à la loi ; (5.20) – considérant l’importance de la contribution des instruments internationaux concernant les droits de l’homme à l’État de droit au plan interne, les États participants réaffirment qu’ils envi- sageront d’adhérer au Pacte international relatif aux droits civils et politiques, au Pacte internatio- nal relatif aux droits économiques, sociaux et culturels et aux autres instruments internationaux pertinents, s’ils ne l’ont pas encore fait ; (5.21) – afin de compléter les recours internes et de mieux garantir le respect par les États partici- pants des obligations internationales souscrites par eux, les États participants envisageront d’ad- hérer à une convention internationale de caractère régional ou universel relative à la protection des

108 2.4.1 Dispositions générales

droits de l’homme, tels la Convention européenne des droits de l’homme ou le Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, qui prévoient des procé- dures de recours individuels devant des instances internationales. (…)

(12) Les États participants, désireux d’assurer une meilleure transparence dans la mise en œuvre des engagements souscrits au titre de la dimension humaine de la CSCE dans le Document de clô- ture de Vienne, décident d’admettre, à titre de mesure de confiance, la présence d’observateurs envoyés par des États participants et de représentants d’organisations non gouvernementales ainsi que d’autres personnes intéressées lors de procédures engagées devant des tribunaux, comme prévu par la législation nationale et le droit international ; il est entendu que le huis clos ne peut être pro- noncé que dans les circonstances prévues par la loi et conformément aux obligations découlant du droit international et aux engagements internationaux. (…)

(24) États participants veilleront à ce que l’exercice de tous les droits de l’homme et libertés fon- damentales énoncés plus haut ne soit l’objet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international, en parti- culier au Pacte international relatif aux droits civils et politiques, et avec leurs engagements inter- nationaux, en particulier la Déclaration universelle des droits de l’homme. Ces restrictions auront un caractère exceptionnel. Les États participants feront en sorte qu’elles ne soient appliquées ni de façon abusive ni de façon arbitraire, mais de telle sorte que l’exercice effectif de ces droits soit 2 garanti. Toute restriction à des droits et libertés doit, dans une société démocratique, correspondre à l’un des objectifs de la loi et être strictement proportionnée à l’objet de celle-ci.

Moscou 1991

(18.1) Les lois seront élaborées et adoptées au terme d’une procédure ouverte exprimant la volonté du peuple, directement ou par l’intermédiaire de ses représentants élus. (…)

(27) Les États participants (27.1) – expriment leur intention de coopérer dans les différents domaines du droit : constitution- nel, administratif, commercial, civil et social et autres domaines pertinents, afin de mettre au point, en particulier dans les pays où il n’en existe pas encore, des systèmes juridiques fondés sur le res- pect des droits de l’homme, de l’État de droit et de la démocratie ; (27.2) – envisagent à cette fin de poursuivre et renforcer la coopération juridique et administrative bilatérale et multilatérale, entre autres dans les domaines suivants : • développement d’une administration efficace ; • assistance à l’élaboration de lois et textes réglementaires ; • formation de personnel administratif et juridique ; • échange d’ouvrages et de périodiques juridiques.

Budapest 1994 (Décisions : VIII. La dimension humaine

18. Les États participants soulignent que toute action des autorités publiques doit être conforme à la loi, de sorte que soit garantie la sécurité légale du citoyen.

109 2.4.1 Dispositions générales

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel,

Reconnaissant que le plein respect des droits de l’homme et des libertés fondamentales ainsi que le développement de sociétés fondées sur une démocratie pluraliste et la primauté du droit sont des conditions préalables nécessaires à l’instauration d’une paix durable, de la sécurité, de la jus- tice et de la stabilité, (…)

Réaffirmant que l’action du gouvernement et de l’administration, ainsi que celle de la justice seront exercées selon le système établi par la loi et conformément aux engagements de l’OSCE et aux obli- gations internationales des États participants, et que le respect de ce système doit être garanti,

Considérant que la primauté du droit n’est pas une simple légalité formelle qui assure la régularité et la cohérence dans la réalisation et le respect de l’ordre démocratique, mais qu’elle est aussi la jus- tice fondée sur la reconnaissance et la pleine acceptation de la valeur suprême de la personnalité humaine, et garantie par les institutions qui offrent un cadre à sa pleine expression,

Reconnaissant que la primauté du droit doit reposer sur le respect des droits de l’homme recon- nus au niveau international, notamment le droit à un procès équitable, le droit à un recours effec- tif et le droit de ne pas faire l’objet d’une arrestation ou d’une détention arbitraire, (…)

Décide : • D’accorder une attention accrue aux questions relatives à la primauté du droit et aux droits de la défense dans les systèmes de justice pénale en 2006 et d’en assurer le suivi, notamment en encou- rageant les États participants à améliorer la mise en œuvre des engagements existants, en mettant également à profit les compétences du BIDDH, et en étroite coopération avec d’autres organisa- tions internationales compétentes afin d’éviter des doubles emplois inutiles ; (…)

Bruxelles 2006 (Décision N° 5/06 sur le crime organisé)

Le Conseil ministériel (...),

Insistant sur le rôle clé joué par un système de justice pénale performant et efficace pour assurer la sécurité et la sûreté publiques,

Considérant que les politiques et les activités concernant le système de justice pénale devraient englober et intégrer, notamment, la prévention du crime, l’application de la loi, la police, l’appareil judiciaire, le ministère public, les avocats de la défense et les systèmes pénaux,

Considérant que des systèmes de justice pénale compétents et efficaces ne peuvent être élaborés que sur la base de l’état de droit et de la protection des droits de l’homme et que l’état de droit lui- même requiert la protection de tels systèmes de justice pénale,

110 2.4.1 Dispositions générales

Considérant que des systèmes de justice pénale compétents et efficaces fondés sur l’état de droit sont un préalable pour lutter contre le crime organisé, le trafic d’êtres humains, de drogues et d’armes, le terrorisme, la corruption et d’autres formes d’activités criminelles transnationales et nationales et que des réponses d’experts doivent être apportées à ces défis pour la sécurité dans le cadre géné- ral d’un système de justice pénale, (…)

Conscient que l’OSCE doit s’attacher à renforcer la coopération judiciaire internationale et à amé- liorer les systèmes de justice pénale dans le cadre de son agenda général en matière de sécurité, en concertation avec l’Organisation des Nations Unies et d’autres enceintes multilatérales, (…)

4. Demande instamment aux États participants d’accorder toute l’attention voulue à l’intégrité et au professionnalisme des organes chargés de faire respecter la loi et du ministère public, à l’adminis- tration efficace de la justice et à la gestion appropriée du système des tribunaux, à l’indépendance du pouvoir judiciaire et au bon fonctionnement du système pénitentiaire ainsi que d’étudier des alternatives à l’emprisonnement ;

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale) (…) 2 Nous appelons les États participants à honorer pleinement leurs engagements et obligations inter- nationales pour assurer un fonctionnement juste et équitable de leurs systèmes de justice pénale.

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Soulignant l’importance que nous attachons aux droits de l’homme, à l’état de droit et à la démo- cratie, qui sont étroitement liés et se renforcent mutuellement,

Soulignant également l’importance que l’état de droit revêt en tant que question transdimension- nelle pour ce qui est d’assurer le respect des droits de l’homme et la démocratie, la sécurité et la stabilité, la bonne gouvernance, les échanges économiques et commerciaux, la sécurité des inves- tissements et un climat propice aux affaires, ainsi que le rôle qu’il joue dans la lutte contre la cor- ruption, la criminalité organisée et tous les types de trafic illicite, y compris de drogues et d’armes, ainsi que la traite des êtres humains, servant ainsi de base au développement politique, économique, social et environnemental des États participants, (…)

2. Appelle les États participants à contribuer, lorsqu’il y a lieu, aux projets et programmes de l’OSCE qui appuient l’état de droit ; (…)

111 2.4.1 Dispositions générales

• (...) administration efficace de la justice, droit à un procès équitable, accès aux tribunaux, res- ponsabilité des institutions publiques et des fonctionnaires, respect de l’état de droit dans l’ad- ministration publique, droit à une assistance juridique (...) ; (…) • Adhésion au principe du règlement pacifique des différends ; (...) • Législation efficace et cadre administratif et judiciaire facilitant l’activité économique, le com- merce et l’investissement dans les États participants et entre eux ; • Respect de l’état de droit en ce qui concerne la protection de l’environnement dans l’espace de l’OSCE ; • Sensibilisation aux questions liées à l’état de droit dans les tribunaux, les organes chargés de faire respecter la loi, la police et le système pénitentiaire, ainsi que dans la formation des profession- nels du droit ; • Éducation à l’état de droit et possibilités d’interaction et d’échange pour les professionnels du droit, les universitaires et les étudiants en droit de différents États participants de la région de l’OSCE ; • Rôle que jouent les cours constitutionnelles ou institutions comparables des États participants pour ce qui est de veiller à ce que les principes de l’état de droit, de la démocratie et des droits de l’homme soient respectés dans toutes les institutions publiques ; • Offre, au besoin, de recours judiciaires efficaces et accès à ces recours ; • Respect des normes et pratiques de droit dans le système de justice pénale ; • Lutte contre la corruption ;

Athènes 2009 (Décision N° 7/09 sur la participation des femmes à la vie politique et publique)

Le Conseil ministériel (...),

Demande aux États participants :

1. D’envisager de prévoir des mesures spécifiques pour atteindre l’objectif de la parité entre les sexes dans tous les organes (...) judiciaires et exécutifs (...)

Astana 2010

112 2.4.2 Indépendance de la justice et des juristes, fonctionnement impartial des services judiciaires publics

2.4.2 Indépendance de la justice et des juristes, fonctionnement impartial des services judiciaires publics

Copenhague 1990

Moscou 1991

(19) Les États participants, (19.1) – respecteront les normes internationalement reconnues en ce qui concerne l’indépendance des juges et des avocats, ainsi que le fonctionnement impartial de la justice, notamment les normes inscrites dans la Déclaration universelle des droits de l’homme et le Pacte international relatif aux droits civils et politiques ; 2 (19.2) – en appliquant ces normes et engagements, veilleront particulièrement à ce que l’indépen- dance de la magistrature soit garantie et inscrite dans la constitution ou dans la législation natio- nale et qu’elle soit effectivement respectée, en accordant une attention particulière aux Principes fondamentaux relatifs à l’indépendance de la magistrature, qui ont pour objet, notamment (i) d’interdire que la magistrature soit soumise à des influences abusives ; (ii) d’empêcher que les décisions judiciaires puissent être révisées par les autorités administra- tives, sous réserve du droit des autorités compétentes d’atténuer ou de commuer les peines pro- noncées par des magistrats conformément à la loi ; (iii) de protéger les libertés d’expression et d’association des magistrats, qui ne doivent être limi- tées que par les contraintes liées à la nature de leurs fonctions ; (iv) de garantir que les juges aient une formation et une qualification appropriées et qu’ils soient désignés sans discrimination ; (v) de garantir aux magistrats d’inamovibilité et des conditions de service satisfaisantes, y com- pris en ce qui concerne la promotion ; (vi) de garantir le respect de l’immunité ; (vii) de garantir qu’en ce qui concerne les magistrats, les mesures disciplinaires soient prises et la suspension ou la révocation prononcées conformément à la loi.

(20) Pour promouvoir l’indépendance de la magistrature, les États participants (20.1) – reconnaîtront le rôle important que les associations nationales et internationales de magis- trats et d’avocats peuvent jouer pour faire respecter l’indépendance de leurs membres et pour offrir des moyens d’enseignement et de formation sur le rôle de la magistrature et des professions juri- diques dans la société ;

113 2.4.2 Indépendance de la justice et des juristes, fonctionnement impartial des services judiciaires publics

(20.2) – encourageront et faciliteront le dialogue, les échanges et la coopération entre les associa- tions nationales et autres organisations qui veillent à ce que soit respectée l’indépendance de la magistrature et à ce que la protection des avocats soit assurée ; (20.3) – coopéreront, entre autres par le dialogue, les rencontres et les échanges, afin de déterminer les cas dans lesquels des problèmes se posent en ce qui concerne la protection de l’indépendance des magistrats et des avocats, et de trouver des moyens de traiter et de résoudre ces problèmes ; (20.4) – coopéreront de manière continue dans des domaines comme la formation des magistrats et des avocats, de même que dans la rédaction et l’application de lois visant à renforcer le respect de l’indépendance de ces magistrats et avocats et du fonctionnement impartial de la justice.

Istanbul 1999 (Charte de sécurité européenne : IV. Nos instruments communs)

45. Nous encouragerons aussi le développement de systèmes judiciaires indépendants qui jouent un rôle clef en offrant des voies de recours en cas de violations des droits de l’homme, et prêterons conseil et assistance pour la réforme de systèmes pénitentiaires.

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel (...),

Reconnaissant également qu’un appareil judiciaire impartial et indépendant est capital pour garan- tir les droits de la défense et la protection des droits de l’homme avant, pendant et après un procès,

Reconnaissant en outre que les avocats de la défense jouent un rôle essentiel dans la réalisation du droit à un procès équitable ainsi que pour la promotion et la protection d’autres droits de l’homme dans le système de justice pénale, (…)

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale) (…)

Nous rappelons l’engagement des États participants à assurer l’indépendance du pouvoir judi- ciaire. (...)

Nous estimons que : • L’indépendance de la justice est une exigence préalable du principe de légalité et la garantie fon- damentale d’un procès équitable ; • L’impartialité est essentielle pour s’acquitter convenablement de la fonction judiciaire ; • L’intégrité est essentielle pour s’acquitter convenablement de la fonction judiciaire ; • Il est essentiel que le juge, dans l’exercice de toutes ses activités, respecte les règles de compor- tement attachées à sa charge et s’y tienne ; • Garantir l’égalité de tous devant les tribunaux est essentiel pour un exercice en bonne et due forme • La compétence et la diligence sont des exigences préalables pour un exercice en bonne et due forme de la charge judiciaire. Nous estimons que :

114 2.4.2 Indépendance de la justice et des juristes, fonctionnement impartial des services judiciaires publics

• Les personnes remplissant les fonctions de magistrats du parquet devraient être intègres et com- pétentes et justifier d’une formation et de qualifications juridiques suffisantes ; • Les magistrats du parquet devraient toujours préserver la dignité et l’honneur de leur charge et respecter l’état de droit ; • Les fonctions de magistrat du parquet devraient être strictement séparées des fonctions de juge et les magistrats du parquet devraient respecter l’indépendance et l’impartialité des juges ; • Les magistrats du parquet devraient exercer leurs fonctions conformément à la loi, en toute équité, de manière cohérente et diligente, respecter et protéger la dignité humaine et défendre les droits de l’homme, contribuant ainsi à garantir une procédure régulière et le bon fonction- nement du système de justice pénale. (…)

Nous estimons que : • Toutes les mesures nécessaires devraient être prises pour respecter, protéger et promouvoir le libre exercice de la profession d’avocat, sans discrimination ni ingérence inappropriée des autorités ou du public ; • Les décisions concernant l’autorisation de pratiquer comme avocat ou de faire partie du bar- reau devraient être prises par un organe indépendant. Ces décisions, qu’elles soient prises par un organe indépendant ou non, devraient être réexaminées par une autorité judiciaire indé- pendante et impartiale ; 2 • Les avocats ne devraient pas avoir à souffrir ou être menacés de sanctions ou de pression lors- qu’ils agissent conformément aux normes établies de la profession ; • Les avocats devraient avoir accès à leurs clients, notamment aux personnes privées de liberté, pour leur permettre de s’entretenir en privé et de représenter leurs clients conformément aux normes établies de la profession ; • Toutes les mesures raisonnables et nécessaires devraient être prises pour garantir le respect de la confidentialité de la relation avocat-client. Des exceptions à ce principe ne sauraient être consen- ties que si elles sont compatibles avec l’état de droit ; • Les avocats ne devraient pas se voir refuser l’accès à un tribunal devant lequel ils remplissent les conditions requises pour plaider et devraient avoir accès à toutes les preuves et dossiers per- tinents lorsqu’ils défendent les droits et les intérêts de leurs clients conformément aux normes établies de la profession. (…)

Bruxelles 2006 (Décision N° 5/06 sur le crime organisé)

Le Conseil ministériel (...),

4. Demande instamment aux États participants d’accorder toute l’attention voulue à l’intégrité et au professionnalisme (...) du ministère public, à l’administration efficace de la justice et à la ges- tion appropriée du système des tribunaux, à l’indépendance du pouvoir judiciaire et au bon fonc- tionnement du système pénitentiaire (...)

115 2.4.3 Administration de la justice

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : • Indépendance du pouvoir judiciaire, administration efficace de la justice, droit à un procès équi- table, accès aux tribunaux, responsabilité des institutions publiques et des fonctionnaires, res- pect de l’état de droit dans l’administration publique, droit à une assistance juridique et respect des droits fondamentaux des détenus ; (…)

Dublin 2012 (Déclaration sur le renforcement de la bonne gouvernance et sur la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme) (…)

2.4.3 Administration de la justice

A. Application de la loi

Moscou 1991

(21) Les États participants, (21.1) – prendront toutes les mesures nécessaires pour assurer que les responsables de l’applica- tion des lois, lorsqu’ils exécutent leur mission de maintien de l’ordre, n’agissent que dans l’intérêt public, pour répondre à une nécessité précise et poursuivre un objectif légitime, et utilisent des moyens qui soient proportionnés aux circonstances et n’excèdent pas les nécessités de leur tâche ; (21.2) – feront en sorte que les opérations de maintien de l’ordre soient soumises à un contrôle juridictionnel, que les responsables du maintien de l’ordre aient à rendre compte de leurs actes et que les victimes d’actes commis en violation des engagements énoncés plus haut aient la possi- bilité de demander réparation en vertu du droit interne.

(22) Les États participants prendront les mesures voulues pour que soient inscrites dans les pro- grammes de formation des fonctionnaires chargés de l’application des lois l’éducation et l’infor- mation concernant l’interdiction de l’usage abusif de la force par ces fonctionnaires, ainsi que les codes de conduite internationaux et nationaux correspondants.

116 2.4.3 Administration de la justice

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

37. Les États participants n’utiliseront pas leurs forces armées pour limiter l’exercice pacifique et légal des droits fondamentaux et des droits civiques par des personnes agissant à titre individuel ou au nom de groupes ni pour priver ces personnes de leur identité nationale, religieuse, cultu- relle, linguistique ou ethnique.

Istanbul 1999 (Charte de sécurité européenne : IV. Nos instruments communs

45. (...) L’OSCE contribuera aussi, conjointement avec d’autres organisations internationales, à la création d’un cadre politique et juridique permettant à la police de s’acquitter de ses tâches confor- mément aux principes démocratiques et à l’état de droit.

Bucarest 2001 (Décision N° 9/01 sur les activités relatives à la police)

Le Conseil ministériel (...),

Affirmant qu’une police efficace est indispensable pour le respect de l’état de droit et la défense des institutions démocratiques ; (…) 2 1. Convient que, lors de l’élaboration de plans pour (...) et à développer les activités (...) OSCE : (…) • étudiera et développera le rôle de la formation de la police, notamment de la formation d’une police intégrée, dans la création de services de police qui puissent jouir de la confiance de toute la population, et en tant que mesure de renforcement de la confiance (...)

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale) (…)

Nous estimons que : • Les responsables de l’application des lois devraient s’acquitter en toutes circonstances du devoir que leur impose la loi en servant la collectivité et en protégeant toutes les personnes contre les actes illégaux, conformément au haut degré de responsabilité qu’exige leur profession ; • Dans l’accomplissement de leur devoir, les responsables de l’application des lois devraient respecter et protéger la dignité humaine et défendre et protéger les droits fondamentaux de toute personne ; • Les responsables de l’application des lois ne devraient recourir à la force que lorsque cela est néces- saire et opportun pour l’accomplissement de leur mission et pour assurer la sécurité du public ; • Les responsables de l’application des lois, en tant que membres du groupe plus large des agents de la fonction publique ou toutes autres personnes agissant à titre officiel, ne devraient infliger, susciter, encourager ou tolérer un acte de torture ou quelque autre peine ou traitement cruel, inhumain ou dégradant ; • Aucun responsable de l’application des lois ne devrait être sanctionné s’il refuse d’obtempérer lorsqu’il lui est ordonné de commettre ou de dissimuler des actes relevant de la torture ou toute autre peine ou traitement cruel, inhumain ou dégradant ;

117 2.4.3 Administration de la justice

• Les responsables de l’application des lois devraient être sensibilisés et attentifs à la santé des per- sonnes dont ils ont la garde et, en particulier, prendre immédiatement des mesures pour que des soins médicaux leur soient dispensés chaque fois que cela s’impose. (…)

Bruxelles 2006 (Décision N° 5/06 sur le crime organisé)

Le Conseil ministériel (...),

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : (…) • Sensibilisation aux questions liées à l’état de droit dans les tribunaux, les organes chargés de faire respecter la loi, la police et le système pénitentiaire, ainsi que dans la formation des profession- nels du droit ; (…)

Athènes 2009 (Décision N° 7/09 sur la participation des femmes à la vie politique et publique)

Le Conseil ministériel (...),

Demande aux États participants :

118 2.4.3 Administration de la justice

4. D’envisager de prendre des mesures en vue d’instaurer l’égalité des chances dans les services de sécurité, y compris les forces armées, s’il y a lieu, afin de permettre d’assurer l’équilibre entre les hommes et les femmes en matière de recrutement, de maintien en fonction et de promotion ; (…)

B. Traitement des personnes privées de liberté

Voir aussi II. 4.9 Personnes en détention ou emprisonnées

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(23) Les États participants, (23.1) – veilleront à ce que nul ne fasse l’objet d’une arrestation, d’une détention ou d’un exil arbi- traires ; (23.2) – veilleront à ce que toutes les personnes détenues ou incarcérées soient traitées avec huma- nité et avec le respect inhérent à la dignité de la personne humaine ; (23.3) – respecteront l’Ensemble de règles minima des Nations Unies pour le traitement des déte- nus, ainsi que le Code de conduite de l’ONU pour les responsables de l’application des lois ; 2 (23.4) – interdiront la torture et les autres peines ou traitements cruels, inhumains ou dégradants, et prendront des mesures efficaces sur les plans législatif, administratif, judiciaire et autres pour prévenir et réprimer de telles pratiques ; (23.5) – envisageront d’adhérer à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, s’ils ne l’ont pas encore fait ; (23.6) – protégeront les personnes contre toute pratique psychiatrique ou autres pratiques médi- cales qui violent les droits de l’homme et les libertés fondamentales, et prendront des mesures effi- caces pour prévenir et réprimer de telles pratiques.

(24) (...) Dans les États participants où elle ne l’a pas été, cette peine ne peut être prononcée que pour les crimes les plus graves, conformément à la législation qui était en vigueur au moment où le crime a été commis et qui ne doit pas être contraire à leurs engagements internationaux.

Moscou 1991

(23) Les États participants veilleront à ce que toutes les personnes privées de libertés soient trai- tées avec humanité et avec le respect dû à la dignité de la personne humaine et appliqueront les normes internationales reconnues relatives à l’administration de la justice et au respect des droits de l’homme dans la personne du détenu. (23.1) Les États participants feront en sorte que (i) nul ne soit privé de sa liberté si ce n’est pour des motifs et selon des procédures prévus par la loi ; (ii) toute personne qui aura été arrêtée soit informée dans le plus court délai et dans une langue qu’elle comprenne des raisons de son arrestation et de toute accusation portée contre elle ; (iii) toute personne qui aura été privée de sa liberté soit informée sans délai de ses droits en vertu de la législation nationale ;

119 2.4.3 Administration de la justice

(iv) toute personne arrêtée ou détenue ait le droit d’être traduite rapidement devant un magis- trat ou toute autre personne légalement habilitée à statuer sur la légalité de son arrestation ou de sa détention, et soit relâchée sans délai s’il s’avère qu’une telle arrestation ou détention étaient illégales. (v) tout inculpé ait le droit de se défendre lui-même ou d’avoir l’assistance d’un défenseur de son choix et, s’il n’a pas les moyens de rémunérer un défenseur, puisse être assisté gratuitement par un avocat d’office lorsque les intérêts de la justice l’exigent ; (vi) toute personne, arrêtée ou détenue, ait le droit d’informer – ou de demander à l’autorité compétente d’informer – sans délai excessif les personnes de son choix de son arrestation, de sa détention, de son emprisonnement et du lieu où elle se trouve ; toute restriction à l’exercice de ce droit sera prévue par la loi et sera conforme aux normes internationales ; (vii) des mesures efficaces soient adoptées, si tel n’est pas le cas, pour veiller à ce que les auto- rités chargées de l’application des lois ne tirent indûment profit de la situation d’une personne détenue ou emprisonnée pour lui extorquer des aveux, la contraindre à s’accuser de toute autre manière ou à témoigner contre un tiers ; (viii) la durée d’un interrogatoire et les intervalles entre les interrogatoires soient consignés et certifiés conformément à la législation nationale ; (ix) tout détenu – ou son conseil – ait le droit de présenter une requête ou de déposer une plainte au sujet de son traitement, en particulier dans le cas où il aura été victime de tortures ou autres traitements cruels, inhumains ou dégradants, auprès de l’administration du lieu de détention et des autorités supérieures ainsi que, au besoin, auprès des autorités ayant compétence pour procéder à un réexamen ou pour décider de réparations ; (x) une telle demande ou plainte soit examinée rapidement et qu’il y soit donné suite sans retard excessif ; si la demande ou la plainte est rejetée, ou en cas de retard excessif, le plaignant aura la faculté d’en saisir l’autorité judiciaire ou toute autre autorité ; aucune personne détenue ou emprisonnée ni aucun plaignant ne subira de préjudice pour avoir formulé une requête ou déposé une plainte ; (xi) toute personne illégalement arrêtée ou détenue ait un droit, garanti par la loi, de demander réparation. (23.2) Les États participants (i) s’efforceront de prendre des mesures, si besoin est, pour améliorer les conditions des per- sonnes détenues ou emprisonnées ; (ii) accorderont une attention particulière à la question des peines de substitution.

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale) (…)

Nous estimons que : (…) • Les responsables de l’application des lois devraient être sensibilisés et attentifs à la santé des per- sonnes dont ils ont la garde et, en particulier, prendre immédiatement des mesures pour que des soins médicaux leur soient dispensés chaque fois que cela s’impose. (…)

120 2.4.4 Respect des obligations internationales

Nous estimons que l’application de peines privatives de liberté et le traitement des détenus doivent prendre en compte les exigences de sûreté, de sécurité et de discipline et garantir également des conditions pénitentiaires qui ne portent pas atteinte à la dignité humaine et proposer aux détenus des activités professionnelles appropriées ainsi que des programmes de traitement adéquats, les préparant ainsi à leur réinsertion dans la société. (…)

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : • (...) administration efficace de la justice, (...) droit à une assistance juridique et respect des droits fondamentaux des détenus ; (…)

2 2.4.4 Respect des obligations internationales

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe X)

Les États participants doivent s’acquitter de bonne foi des obligations qui leur incombent en vertu du droit international, tant des obligations qui découlent des principes et règles généralement recon- nus du droit international que des obligations résultant de traités ou autres accords, en conformité avec le droit international, auxquels ils sont parties.

Les États participants confirment qu’en cas de conflit entre les obligations des membres des Nations Unies en vertu de la Charte des Nations Unies et leurs obligations en vertu de tout traité ou autre accord international, leurs obligations en vertu de la Charte prévaudront, conformément à l’ar- ticle 103 de la Charte des Nations Unies.

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale) (…)

Nous appelons les États participants à honorer pleinement leurs engagements et obligations inter- nationales pour assurer un fonctionnement juste et équitable de leurs systèmes de justice pénale.

121 2.4.4 Respect des obligations internationales

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

1. Appelle les États participants de l’OSCE à honorer les obligations qu’ils ont contractées en vertu du droit international et à respecter les engagements qu’ils ont pris à l’égard de l’OSCE en ce qui concerne l’état de droit aux niveaux international et national, y compris dans tous les aspects de leur législation, de leur administration et de leur pratique judiciaire ; (…)

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : (…) • Exécution, en tant qu’élément clé du renforcement de l’état de droit dans l’espace de l’OSCE, des obligations contractées en vertu du droit international ; (…)

122 3. Engagements relatifs aux droits de l’homme applicables à tous 3.1 Droits civils et politiques

3.1 Droits civils et politiques

3.1.1 Dispositions générales

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VII)

[Les États participants] favorisent et encouragent l’exercice effectif des libertés et droits civils, poli- tiques (...) et autres qui découlent tous de la dignité inhérente à la personne humaine et qui sont essentiels à son épanouissement libre et intégral.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

De même, ils se déclarent résolus à développer leurs lois et règlements dans le domaine des droits civils, politiques (...) et des autres droits de l’homme et des libertés fondamentales ; ils soulignent également leur détermination d’assurer l’exercice effectif de ces droits et libertés.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(12) (...) [Les États participants] reconnaissent que les libertés et droits civils, politiques (...) et autres, sont tous d’une importance capitale et doivent être pleinement mis en œuvre par tous les moyens appropriés.

(13) A cet égard, (...) (13.2) – ils envisageront d’adhérer, s’ils ne l’ont pas encore fait, aux instruments suivants : Pacte international relatif aux droits civils et politiques, (...) Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, et autres instruments internationaux pertinents ; (…)

3.1.2 Droit à la vie/abolition de la peine de mort

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(24) Issant de la question de la peine de mort, les États participants notent que, dans un certain nombre d’entre eux, la peine capitale a été abolie. Dans les États participants où elle ne l’a pas été, cette peine ne peut être prononcée que pour les crimes les plus graves, conformément à la légis- lation qui était en vigueur au moment où le crime a été commis et qui ne doit pas être contraire à leurs engagements internationaux. La question de la peine de mort restera à l’étude. A cet égard, les États participants coopéreront au sein des organisations compétentes.

Copenhague 1990

(17) Les États participants (…) (17.2) – rappellent, dans ce contexte, l’adoption par l’Assemblée générale des Nations Unies le 15 décembre 1989, du deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques visant à abolir la peine de mort ;

124 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

(17.3) – notent les restrictions et les garanties concernant l’application de la peine de mort qui ont été adoptées par la communauté internationale, en particulier l’article 6 du Pacte international relatif aux droits civils et politiques ; (17.4) – notent les dispositions du sixième Protocole à la Convention européenne de sauvegarde des droits de l’homme et des libertés fondamentales, concernant l’abolition de la peine de mort ; (17.5) – notent les récentes mesures prises par un certain nombre d’États participants en vue d’abo- lir la peine de mort ; (17.6) – notent les activités menées par plusieurs organisations non gouvernementales concernant la question de la peine de mort ; (17.7) – échangeront, dans le cadre de la Conférence sur la dimension humaine, des informations sur la question de la peine de mort, et maintiendront cette question à l’étude ; (17.8) – rendront publiques les informations concernant l’application de la peine de mort.

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme) (…)

Nous soulignons que chacun a droit à la vie, à la liberté et à la sécurité de sa personne ; nul ne sera tenu en esclavage, et nul ne sera soumis à la torture, ni à des peines ou traitements cruels, inhu- mains ou dégradants. (…)

3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants 3 Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(23) Les États participants (…) (23.2) – veilleront à ce que toutes les personnes détenues ou incarcérées soient traitées avec huma- nité et avec le respect inhérent à la dignité de la personne humaine ; (23.3) – respecteront l’Ensemble de règles minima des Nations Unies pour le traitement des déte- nus, ainsi que le Code de conduite de l’ONU pour les responsables de l’application des lois ; (23.4) – interdiront la torture et les autres peines ou traitements cruels, inhumains ou dégradants, et prendront des mesures efficaces sur les plans législatif, administratif, judiciaire et autres pour prévenir et réprimer de telles pratiques ; (23.5) – envisageront d’adhérer à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, s’ils ne l’ont pas encore fait ; (23.6) – protégeront les personnes contre toute pratique psychiatrique ou autres pratiques médi- cales qui violent les droits de l’homme et les libertés fondamentales, et prendront des mesures effi- caces pour prévenir et réprimer de telles pratiques.

125 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

Copenhague 1990

(16) Les États participants (…) (16.2) – ont l’intention d’envisager d’urgence d’adhérer à la Convention contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants, s’ils ne l’ont déjà fait, ainsi que de recon- naître la compétence de la Commission contre la torture en vertu des articles 21 et 22 de la Conven- tion et de retirer les réserves concernant la compétence de la Commission en vertu de l’article 20 ; (16.3) – soulignent qu’aucune circonstance exceptionnelle quelle qu’elle soit, qu’il s’agisse d’un état de guerre ou d’une menace de guerre, d’instabilité politique intérieure, ou de tout autre état d’ur- gence, ne peut être invoquée pour justifier la torture ; (16.4) – assureront que l’éducation et l’information concernant l’interdiction de la torture font partie intégrante du programme de formation des responsables de l’application de la loi, civils ou militaires, du personnel médical, des fonctionnaires et autres personnes qui peuvent participer à la garde, à l’interrogatoire ou au traitement de tout individu soumis à une forme quelconque d’arres- tation, de détention ou d’emprisonnement ; (16.5) – passeront systématiquement en revue, aux fins de prévenir tout cas de torture, les règles, les instructions, les méthodes et les pratiques concernant l’interrogatoire, ainsi que les disposi- tions applicables à la garde et au traitement des personnes soumises à toutes formes d’arrestation, de détention ou d’emprisonnement sur un territoire placé sous leur juridiction ; (16.6) – se saisiront en priorité, aux fins d’examen et d’adoption de mesures appropriées conformé- ment aux dispositions et procédures convenues pour la mise en œuvre effective des engagements relatifs à la dimension humaine de la CSCE, de tous cas de torture et d’autres peines ou traite- ments inhumains ou dégradants portés à leur connaissance par des voies officielles ou par toute autre source fiable d’information ; (16.7) – agiront dans l’idée que la sauvegarde et la garantie de la vie et de la sécurité de tout indi- vidu soumis à une forme quelconque de torture ou de peines ou traitements inhumains ou dégra- dants sera l’unique critère pour déterminer l’urgence et les priorités à observer dans l’adoption de mesures appropriées ; en conséquence, l’examen de tous cas de torture et d’autres peines ou trai- tements inhumains ou dégradants dans le cadre de tout autre organe ou mécanisme internatio- nal ne peut être invoqué comme prétexte pour s’abstenir de procéder à un examen et de prendre les mesures appropriées conformément aux dispositions et procédures convenues pour la mise en œuvre effective des engagements relatifs à la dimension humaine de la CSCE.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que, sans discrimination (...) nul ne sera soumis : (…)

à la torture ou à tout autre traitement ou châtiment cruel, inhumain ou dégradant ; (...)

Moscou 1991

(23.1) Les États participants feront en sorte que (...) (vii) des mesures efficaces soient adoptées, si tel n’est pas le cas, pour veiller à ce que les auto- rités chargées de l’application des lois ne tirent indûment profit de la situation d’une personne détenue ou emprisonnée pour lui extorquer des aveux, la contraindre à s’accuser de toute autre manière ou à témoigner contre un tiers ;

126 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

(viii) la durée d’un interrogatoire et les intervalles entre les interrogatoires soient consignés et certifiés conformément à la législation nationale ; (ix) tout détenu – ou son conseil – ait le droit de présenter une requête ou de déposer une plainte au sujet de son traitement, en particulier dans le cas où il aura été victime de tortures ou autres traitements cruels, inhumains ou dégradants, auprès de l’administration du lieu de détention et des autorités supérieures ainsi que, au besoin, auprès des autorités ayant compétence pour procéder à un réexamen ou pour décider de réparations ; (x) une telle demande ou plainte soit examinée rapidement et qu’il y soit donné suite sans retard excessif ; si la demande ou la plainte est rejetée, ou en cas de retard excessif, le plaignant aura la faculté d’en saisir l’autorité judiciaire ou toute autre autorité ; aucune personne détenue ou emprisonnée ni aucun plaignant ne subira de préjudice pour avoir formulé une requête ou déposé une plainte ;

Budapest 1994 (Décisions : VIII. La dimension humaine

20. Les États participants condamnent vigoureusement la torture sous toutes ses formes qu’ils consi- dèrent comme l’une des plus flagrantes violations des droits de l’homme et de la dignité humaine. Ils s’engagent à ne rien négliger pour éliminer la torture.

Ils reconnaissent l’importance, à cet égard, des normes internationales, telles qu’elles sont énon- cées dans les traités internationaux sur les droits de l’homme, en particulier la Convention des Nations Unies contre la torture et autres peines ou traitements cruels, inhumains ou dégradants et la Convention européenne pour la prévention de la torture et des peines ou traitements inhu- mains ou dégradants. Ils reconnaissent également l’importance d’une législation nationale visant à mettre fin aux actes de torture. Ils s’engagent à enquêter sur tous les cas de torture signalés et à en poursuivre les auteurs. Ils s’engagent également à inclure dans leurs programmes d’éduca- tion et de formation pour les membres des services chargés de l’application des lois et des services de police des dispositions spécifiques en vue de mettre fin aux actes de torture. Ils considèrent 3 qu’un échange d’informations sur ce problème est une condition préalable essentielle. Les États participants devraient avoir la possibilité d’obtenir de telles informations. La CSCE devrait dans ce contexte également mettre à profit l’expérience du Rapporteur spécial chargé d’examiner la ques- tion de la torture dont le poste a été créé par la Commission des droits de l’homme des Nations Unies et faire usage des informations fournies par les ONG.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

21. Nous sommes résolus à éliminer la torture et les autres peines ou traitements cruels, inhumains ou dégradants dans tout l’espace de l’OSCE. A cette fin, nous encouragerons l’adoption de lois four- nissant des garanties et voies de recours sur le plan de la procédure et du fond pour combattre ces pratiques. Nous aiderons les victimes et coopérerons, le cas échéant, avec les organisations inter- nationales et organisations non gouvernementales intéressées.

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel (...),

Soulignant la nécessité de se prononcer ouvertement contre la torture, et rappelant que toutes les formes de torture et autres traitements cruels, inhumains ou dégradants sont et resteront interdits

127 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

à tout moment et en tout lieu et ne sauraient donc jamais être justifiés, et insistant sur la néces- sité de renforcer les garanties de procédure pour prévenir les pratiques de torture, de poursuivre leurs auteurs, s’attachant ainsi à mettre un terme à l’impunité pour actes de torture, et appelant les États à envisager rapidement de signer et de ratifier le Protocole facultatif se rapportant à la Convention contre la torture, (…)

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme) (…)

Athènes 2009 (Déclaration ministérielle à l’occasion du vingt-cinquième anniversaire de l’adoption de la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants)

1. Nous, membres du Conseil ministériel de l’OSCE, réaffirmons notre ferme attachement à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants adoptée par l’Assemblée générale des Nations Unies le 10 décembre 1984 et à laquelle tous les États participants de l’OSCE sont devenus parties.

2. À l’occasion du vingt-cinquième anniversaire de l’adoption de cette Convention, nous réaffir- mons que, comme le stipule aussi la Déclaration universelle des droits de l’homme, nul ne doit être soumis à la torture ou à des peines ou traitements cruels, inhumains ou dégradants.

3. Nous reconnaissons que la torture est un crime extrêmement grave et affirmons que la protec- tion contre la torture et les autres formes de peines ou traitements cruels, inhumains ou dégra- dants est un droit qui protège la dignité et l’intégrité inhérentes à la personne humaine et auquel il ne peut être dérogé.

4. Nous condamnons fermement toutes les formes de torture et autres peines ou traitements cruels, inhumains ou dégradants qui sont et resteront interdits en tous temps et en tous lieux et ne sau- raient jamais être justifiés.

5. Nous sommes gravement préoccupés par le fait que la torture et d’autres peines ou traitements cruels, inhumains ou dégradants se produisent encore dans de nombreuses parties du monde, y compris dans des États participants de l’OSCE.

6. Nous nous engageons donc à faire respecter l’interdiction absolue de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants telle qu’énoncée dans la Convention, à appliquer les dispositions de celle-ci intégralement et de bonne foi et à agir en pleine conformité avec ses principes.

7. Nous invitons les États participants qui ne l’ont pas encore fait à envisager sans tarder de deve- nir parties au Protocole facultatif à la Convention.

128 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

8. Nous réaffirmons également notre détermination à mettre en œuvre intégralement nos engage- ments communs pris au sein de l’OSCE concernant l’élimination de la torture et des autres peines ou traitements cruels, inhumains ou dégradants.

9. Nous intensifierons nos efforts afin de prendre des mesures persistantes, déterminées et effi- caces pour prévenir et combattre la torture et les autres peines ou traitements cruels, inhumains ou dégradants et assurer la réadaptation complète des victimes de la torture.

10. Nous reconnaissons la précieuse contribution de l’OSCE à la promotion des principes et des dispositions figurant dans la Convention.

11. Nous considérons qu’il est important de coopérer pleinement à cette fin avec les organismes intergouvernementaux internationaux compétents.

12. Nous nous félicitons des efforts constants entrepris par la société civile pour prévenir la tor- ture et autres peines ou traitements cruels, inhumains ou dégradants et pour alléger les souf- frances des victimes.

Tirana 2020 (Décision no 7/20 sur la prévention et élimination de la torture et autres peines ou traitements cruels, inhumains ou dégradants)

Le Conseil ministériel,

Condamnant fermement toutes les formes de torture et autres peines ou traitements cruels, inhu- mains ou dégradants, qui constituent l’une des violations les plus flagrantes des droits de l’homme et de la dignité humaine, et réaffirmant que la torture et les autres peines ou traitements cruels, inhumains ou dégradants sont et resteront interdits en tout temps et en tout lieu, (…) 3 Profondément préoccupé par la persistance de cas de torture et d’autres peines ou traitements cruels, inhumains ou dégradants dans de nombreuses régions du monde, y compris dans l’espace de l’OSCE, qui sont la conséquence, entre autres, de la mise en œuvre incomplète des obligations qu’imposent en la matière le droit international et les engagements de l’OSCE et de l’impunité dont continuent souvent de bénéficier les auteurs en l’absence d’enquêtes et de poursuites rapides, indépendantes et efficaces,

Profondément préoccupé par les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants commis contre des personnes exerçant leurs droits de l’homme et leurs libertés fon- damentales,

Profondément préoccupé par le fait que la torture et d’autres peines ou traitements cruels, inhu- mains ou dégradants sont utilisés pour obtenir des renseignements ou des aveux, (…)

Profondément préoccupé par le fait que des disparitions forcées se produisent encore dans l’espace de l’OSCE, ce qui constitue une grave violation des droits de l’homme, (…),

Conscient que, dans les situations de conflit, y compris les conflits armés, ainsi que les troubles civils et les manifestations de masse, il convient d’accorder une attention particulière à la préven- tion de la torture et des autres peines ou traitements cruels, inhumains ou dégradants,

129 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

Réaffirmant que tous les États participants doivent respecter pleinement les obligations qui leur incombent en vertu du droit international humanitaire et du droit international des droits de l’homme, (…)

Rappelant à tous les États participants que la détention au secret prolongée ou la détention dans des lieux secrets peut faciliter la perpétration de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut en soi constituer Rappelant à tous les États participants que la détention prolongée au secret ou dans des lieux secrets peut faciliter la perpétration d’actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut constituer en soi un tel traitement,

Conscient que les cas de corruption, notamment au sein de la police et de la justice, peuvent nuire à la lutte contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, notam- ment en affaiblissant les garanties fondamentales et en empêchant les victimes de la torture et autres peines ou traitements cruels, inhumains ou dégradants de demander utilement justice, réparation et indemnisation par l’intermédiaire du système judiciaire,

Soulignant l’importance de garanties juridiques et procédurales efficaces à tous les stades de la détention, y compris dès le début de la garde à vue, pour assurer une prévention effective de la tor- ture et des autres peines ou traitements cruels, inhumains ou dégradants,

Considérant que les femmes et les filles sont particulièrement exposées au risque de subir des actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants lorsqu’elles sont privées de liberté, conscient de l’importance d’adopter une approche sensible au genre dans la lutte contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants qui tienne compte de ce risque particulier et des besoins spécifiques des femmes et des filles, notam- ment en accordant une attention particulière à la violence sexuelle ainsi qu’à la violence fondée sur le genre à leur encontre, et prenant en considération les Règles des Nations Unies concernant le traitement des détenues et l’imposition de mesures non privatives de liberté aux délinquantes (Règles de Bangkok),

Conscient qu’il est important d’adopter une approche centrée sur les victimes dans la lutte contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, en accordant une atten- tion particulière aux avis et aux besoins spécifiques des victimes et des membres de leur famille immédiate lors de l’élaboration des politiques et des autres activités concernant la réadaptation des victimes, la prévention et l’établissement des responsabilités pour les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants,

Considérant que pour lutter efficacement contre la torture et les autres peines ou traitements cruels, inhumains ou dégradants, il faut une approche intégrée centrée sur les victimes qui englobe la pré- vention, l’accès à la justice, l’établissement des responsabilités, la réparation et le droit opposable d’obtenir une indemnisation juste et adéquate, y compris les moyens d’une réadaptation aussi complète que possible,

Considérant que les États participants doivent protéger les droits, notamment les droits de l’homme, de toutes les personnes privées de liberté, y compris de celles qui risquent la peine de mort, confor- mément à leurs obligations internationales,

130 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

participants continuent de prendre des mesures appropriées pour améliorer les conditions de déten- tion afin de mieux respecter les droits de l’homme et la dignité de ces personnes, notamment en envisageant d’appliquer l’Ensemble de règles minima des Nations Unies pour le traitement des détenus (Règles Nelson Mandela) ou des normes similaires,

Soulignant que la Convention contre la torture dispose que tous les actes de torture, les tentatives de commettre de tels actes et le fait de s’en rendre complice ou d’y participer doivent être érigés en infractions dans le droit pénal interne et être passibles de peines appropriées reflétant leur gra- vité, et qu’aucun renseignement ni aucun aveu dont il est établi qu’il a été obtenu par la torture ne peut en aucun cas être invoqué comme preuve dans une procédure, sauf contre une personne accusée de torture, comme preuve que cette infraction a eu lieu,

Conscient du rôle que les mécanismes internationaux, régionaux et nationaux de prévention ou d’autres organismes compétents, dont les instances nationales des droits de l’homme, peuvent jouer pour prévenir efficacement les actes de torture et autres peines ou traitements cruels, inhumains ou dégradants, ainsi que de l’importance de collaborer avec les experts internationaux chargés d’aider les États participants dans leurs efforts de prévention en la matière,

Soulignant la nécessité de veiller à ce qu’aucune autorité ni aucun agent public n’ordonne, n’in- flige, n’autorise ou ne tolère quelque sanction, représailles ou intimidation que ce soit à l’encontre de toute personne, groupe ou association qui aurait pris contact, cherché à prendre contact ou été en contact avec tout organisme ou mécanisme national ou international compétent qui mène des activités visant à prévenir et combattre la torture et autres peines ou traitements cruels, inhu- mains ou dégradants,

Soulignant que les systèmes juridiques nationaux doivent faire en sorte que les victimes de la tor- ture et d’autres peines ou traitements cruels, inhumains ou dégradants aient réellement accès à la justice, notamment grâce à une enquête rapide, impartiale et efficace, sans subir aucune mesure de rétorsion pour avoir porté plainte ou témoigné, et que ces victimes obtiennent réparation et aient 3 un droit opposable à une indemnisation juste et adéquate, y compris aux moyens d’une réadapta- tion aussi complète que possible,

Saluant les efforts constants entrepris par la société civile aux niveaux national et international pour prévenir et combattre efficacement la torture et autres peines ou traitements cruels, inhu- mains ou dégradants et pour alléger les souffrances des victimes,

Soulignant que la coopération entre l’OSCE et d’autres organisations et mécanismes internationaux et régionaux est un moyen important de promouvoir la coopération multilatérale et d’obtenir de réels effets de synergie en évitant les chevauchements inutiles, ce qui peut contribuer à prévenir et à com- battre efficacement la torture et autres peines ou traitements cruels, inhumains ou dégradants, (…)

Demande aux États participants :

1. Faire respecter l’interdiction absolue de toutes les formes de torture et autres peines ou traite- ments cruels, inhumains ou dégradants telle qu’elle est énoncée dans la Convention contre la tor- ture, appliquer les dispositions de celle-ci intégralement et de bonne foi et agir en pleine conformité avec ses principes ;

131 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

2. S’acquitter pleinement des obligations qui leur incombent en vertu du Protocole facultatif à la Convention contre la torture, s’il y a lieu, et envisager rapidement de devenir parties à ce proto- cole, s’ils ne le sont pas encore ;

3. S’acquitter pleinement des obligations qui leur incombent en vertu de la Convention contre les disparitions forcées, s’il y a lieu ;

4. S’acquitter pleinement des obligations qui leur incombent en vertu des Conventions de Genève de 1949 en ce qui concerne l’interdiction de la torture et des traitements cruels, inhumains, humi- liants et dégradants dans le contexte des conflits armés ;

5. Cesser d’utiliser et s’abstenir d’utiliser des techniques d’interrogatoire qui constituent des actes de torture et autres peines ou traitements cruels, inhumains ou dégradants, y compris pour obte- nir des renseignements ou des aveux ;

6. Mettre en œuvre des garanties juridiques et procédurales efficaces à tous les stades de la déten- tion, y compris dès le début de la garde à vue ;

7. Respecter les garanties concernant la liberté, la sécurité et la dignité de la personne et veiller à ce que la détention prolongée au secret et les lieux de détention et d’interrogatoire secrets soient abolis, sachant qu’une telle détention est susceptible de faciliter la perpétration d’actes de torture et d’autres peines ou traitements cruels, inhumains ou dégradants et peut constituer en soi une telle forme de traitement ;

8. Faire en sorte que tous les actes de torture, les tentatives de commettre de tels actes et le fait de s’en rendre complice ou d’y participer deviennent des infractions pénales en droit interne en y incorporant une définition de la torture conforme à l’article 1er de la Convention contre la tor- ture et en prévoyant des peines en rapport avec la gravité de ces infractions, et interdire l’utilisa- tion de renseignements ou d’aveux obtenus par la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants comme éléments de preuve dans toute procédure, sauf contre une per- sonne accusée de torture, comme preuve que cette infraction a eu lieu ;

9. Faire en sorte que toute personne détenue ou emprisonnée ou son conseil ait le droit de présen- ter aux autorités compétentes une requête ou une plainte au sujet de la façon dont elle est traitée, en particulier lorsque la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants ont pu être appliqués, que cette requête ou cette plainte soit examinée rapidement et qu’il y soit répondu sans retard injustifié, et que ni la personne détenue ou emprisonnée ni aucun plaignant ou témoin ne subissent de préjudice ni de représailles à la suite de leur requête, plainte ou témoignage ;

10. Intégrer des activités d’enseignement et d’information portant sur l’interdiction de la torture ou autres peines ou traitements cruels, inhumains ou dégradants dans la formation des policiers, du personnel civil ou militaire, du personnel médical, des agents publics et des autres personnes qui peuvent intervenir dans la garde, l’interrogatoire ou le traitement de tout individu arrêté, détenu ou emprisonné de quelque façon que ce soit, y compris, le cas échéant, sur l’usage proportionné de la force, toutes les méthodes scientifiques modernes disponibles pour les enquêtes criminelles et l’importance cruciale de signaler aux autorités supérieures les cas de torture ou autres peines ou traitements cruels, inhumains ou dégradants ;

11. Soutenir les acteurs nationaux concernés tels que les mécanismes nationaux de prévention, les instances nationales des droits de l’homme ou d’autres organes ou mécanismes nationaux dans leurs efforts visant à prévenir la torture et les autres peines ou traitements cruels, inhumains ou

132 3.1.3 Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégradants

dégradants et, pour ceux qui ont ratifié le Protocole facultatif à la Convention contre la torture, s’acquitter de leur obligation de désigner ou de mettre en place des mécanismes nationaux de pré- vention qui soient indépendants, dotés de ressources suffisantes et efficaces ;

12. Assurer une coopération entière et constante de leurs gouvernements, conformément à leurs obli- gations respectives découlant du droit international, avec les organes ou mécanismes internationaux de prévention compétents, tels que le Comité des Nations Unies contre la torture, le Sous-Comité pour la prévention de la torture et autres peines ou traitements cruels, inhumains ou dégradants et le Comité européen pour la prévention de la torture et des peines ou traitements inhumains ou dégradants, ainsi qu’avec les organismes nationaux compétents, tels que les institutions nationales des droits de l’homme, notamment en permettant un accès sans restriction aux lieux de détention si cela est une obligation pour un État participant en vertu du droit international ;

13. Coopérer pleinement avec le Comité international de la Croix-Rouge (CICR), conformément à leurs obligations en vertu du droit international humanitaire ;

14. Veiller à ce que toutes les allégations de torture ou autres peines ou traitements cruels, inhu- mains ou dégradants, ainsi que les cas où il existe des motifs raisonnables de croire qu’un tel acte a été commis, fassent l’objet d’enquêtes rapides, efficaces, approfondies et impartiales menées par des autorités nationales compétentes et indépendantes, et à ce que les plaignants et les témoins soient protégés contre les mauvais traitements et l’intimidation à la suite de leur plainte ou de leur témoignage ;

15. Veiller à ce que ceux qui encouragent, incitent à commettre, ordonnent, tolèrent, autorisent, com- mettent de tels actes ou y consentent, y compris les responsables de tout lieu de détention ou autre lieu de privation de liberté où il a été constaté que l’acte interdit a été commis, répondent de leurs actes, soient traduits en justice et sanctionnés de manière proportionnelle à la gravité de l’infraction ;

16. Assurer aux victimes de la torture et d’autres peines ou traitements cruels, inhumains ou dégra- 3 dants un recours utile et une réparation adéquate, effective et rapide, qui devraient inclure la res- titution, l’indemnisation équitable et appropriée, la réadaptation, la satisfaction et des garanties de non-répétition, compte dûment tenu des besoins spécifiques de la victime ;

17. Veiller à ce que des services de réadaptation appropriés soient rapidement mis à la disposition de toutes les victimes de la torture, sans discrimination, et prendre des mesures efficaces pour garan- tir un environnement sûr qui permette d’avoir accès aux victimes et de leur fournir de tels services ;

18. Envisager d’élaborer des mesures de soutien à toutes les personnes touchées par la torture ou d’autres peines ou traitements cruels, inhumains ou dégradants, y compris les enfants des victimes et les autres membres de leur famille immédiate ;

19. Promouvoir la diffusion, à l’intention des victimes, d’informations sur les services de réadapta- tion disponibles et veiller à ce que les procédures pour bénéficier de ces services soient transparentes ;

20. Soutenir les organisations de la société civile dans leurs efforts visant à prévenir et combattre la torture et autres peines ou traitements cruels, inhumains ou dégradants, faciliter leur action, le cas échéant, et utiliser les informations qu’elles fournissent au sujet de cas présumés de torture et autres peines ou traitements cruels, inhumains ou dégradants ;

21. Prendre des mesures législatives, administratives, judiciaires et autres appropriées et efficaces pour prévenir et interdire la production, le commerce, l’exportation, l’importation et l’utilisation

133 3.1.4 Droit de ne pas être arrêté ou détenu arbitrairement

d’équipements qui ne peuvent servir à rien d’autre qu’à pratiquer la torture ou à infliger d’autres peines ou traitements cruels, inhumains ou dégradants ;

22. Continuer à recourir ou envisager de recourir aux conseils, aux compétences et à l’assistance technique du BIDDH pour prévenir et combattre la torture et autres peines ou traitements cruels, inhumains ou dégradants.

3.1.4 Droit de ne pas être arrêté ou détenu arbitrairement

Voir aussi II. 2.4.1 : État de droit > Provisions générales II. 2.4.3 B : Traitement des personnes privées de liberté II. 3.1.3 : Interdiction de la torture et d’autres peines ou traitements cruels, inhumains ou dégra- dants II. 3.1.5 : Droit à un procès équitable II. 3.1.6 : Droit à un recours effectif

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(23) Les États participants (23.1) – veilleront à ce que nul ne fasse l’objet d’une arrestation, d’une détention ou d’un exil arbi- traires ; (...)

Copenhague 1990

(5.15) – toute personne arrêtée ou détenue pour une infraction pénale a le droit d’être aussitôt tra- duite devant un juge ou un autre magistrat habilité par la loi à exercer une telle fonction, qui sta- tuera sur la légalité de son arrestation ou de sa détention ; (…)

Moscou 1991

(23.1) Les États participants feront en sorte que (i) nul ne soit privé de sa liberté si ce n’est pour des motifs et selon des procédures prévus par la loi ; (ii) toute personne qui aura été arrêtée soit informée dans le plus court délai et dans une langue qu’elle comprenne des raisons de son arrestation et de toute accusation portée contre elle ; (iii) toute personne qui aura été privée de sa liberté soit informée sans délai de ses droits en vertu de la législation nationale ; (iv) toute personne arrêtée ou détenue ait le droit d’être traduite rapidement devant un magis- trat ou toute autre personne légalement habilitée à statuer sur la légalité de son arrestation ou de sa détention, et soit relâchée sans délai s’il s’avère qu’une telle arrestation ou détention étaient illégales. (…) (vi) toute personne, arrêtée ou détenue, ait le droit d’informer – ou de demander à l’autorité compétente d’informer – sans délai excessif les personnes de son choix de son arrestation, de sa

134 3.1.5 Droit à un procès équitable

détention, de son emprisonnement et du lieu où elle se trouve ; toute restriction à l’exercice de ce droit sera prévue par la loi et sera conforme aux normes internationales ; (vii) des mesures efficaces soient adoptées, si tel n’est pas le cas, pour veiller à ce que les auto- rités chargées de l’application des lois ne tirent indûment profit de la situation d’une personne détenue ou emprisonnée pour lui extorquer des aveux, la contraindre à s’accuser de toute autre manière ou à témoigner contre un tiers ; (viii) la durée d’un interrogatoire et les intervalles entre les interrogatoires soient consignés et certifiés conformément à la législation nationale ; (ix) tout détenu – ou son conseil – ait le droit de présenter une requête ou de déposer une plainte au sujet de son traitement, en particulier dans le cas où il aura été victime de tortures ou autres traitements cruels, inhumains ou dégradants, auprès de l’administration du lieu de détention et des autorités supérieures ainsi que, au besoin, auprès des autorités ayant compétence pour procéder à un réexamen ou pour décider de réparations ; (x) une telle demande ou plainte soit examinée rapidement et qu’il y soit donné suite sans retard excessif ; si la demande ou la plainte est rejetée, ou en cas de retard excessif, le plaignant aura la faculté d’en saisir l’autorité judiciaire ou toute autre autorité ; aucune personne détenue ou emprisonnée ni aucun plaignant ne subira de préjudice pour avoir formulé une requête ou déposé une plainte ; (xi) toute personne illégalement arrêtée ou détenue ait un droit, garanti par la loi, de demander réparation.

3.1.5 Droit à un procès équitable

Voir aussi II. 2.4 : État de droit II. 3.1.4 : Droit de ne pas être arrêté ou détenu arbitrairement 3 II. 3.1.6 : Droit à un recours effectif

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

Les États participants,

(13.9) – ils veilleront à ce que des recours effectifs et une information complète au sujet de ceux-ci soient à la disposition des personnes qui font valoir qu’il y a eu violation des droits de l’homme et des libertés fondamentales à leur endroit ; entre autres, ils leur donneront effectivement la pos- sibilité de se prévaloir : • du droit de chacun de présenter un recours devant des organes exécutifs, législatifs, judiciaires ou administratifs ; • du droit d’être entendues équitablement et publiquement, dans un délai raisonnable, par un tri- bunal indépendant et impartial, et entre autres d’y invoquer des arguments juridiques et d’y être représentées par l’avocat de leur choix ; • du droit d’être promptement et officiellement informées de la suite donnée a tout appel, y com- pris des motifs juridiques sur lesquels se fonde la décision. Cette information sera communi- quée en règle générale par écrit et, en tout état de cause, d’une façon qui permette à l’intéressé d’utiliser effectivement d’autres voies de recours disponibles.

135 3.1.5 Droit à un procès équitable

Copenhague 1990

(5) [Les États participants] déclarent solennellement que, parmi les principes de la justice essentiels à l’expression complète de la dignité inhérente à la personne humaine et des droits égaux et ina- liénables de tous les êtres humains, il faut mentionner les suivants : (…) (5.12) – l’indépendance des juges et le fonctionnement impartial de la justice seront assurés ; (5.13) – l’indépendance des avocats sera reconnue et protégée, notamment quant aux conditions de recrutement et d’exercice de leur activité ; (5.14) – les règles relatives à la procédure pénale comporteront une définition claire des compé- tences concernant les poursuites et les actes les précédant et les accompagnant ; (5.15) – toute personne arrêtée ou détenue pour une infraction pénale a le droit d’être aussitôt tra- duite devant un juge ou un autre magistrat habilité par la loi à exercer une telle fonction, qui sta- tuera sur la légalité de son arrestation ou de sa détention ; (5.16) – toute personne a droit à ce que sa cause soit entendue équitablement et publiquement par un tribunal compétent, indépendant et impartial, établi par la loi, qui décidera soit du bien fondé de toute accusation en matière pénale dirigée contre elle, soit des contestations sur ses droits et obli- gations de caractère civil ; (5.17) – toute personne poursuivie aura le droit de se défendre elle-même ou d’avoir rapidement l’assistance d’un défenseur de son choix ou, si elle n’a pas les moyens de rémunérer un défenseur, de pouvoir être assistée gratuitement par un avocat d’office, lorsque les intérêts de la justice l’exigent ; (5.18) – nul ne peut être accusé d’une infraction pénale, jugé ou reconnu coupable à moins que cette infraction ne soit prévue par une loi qui en définit les éléments avec clarté et précision ; (5.19) – toute personne est présumée innocente aussi longtemps que sa culpabilité n’est pas prou- vée conformément à la loi ;

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel (...),

136 3.1.6 Droit à un recours effectif

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : • (...) administration efficace de la justice, droit à un procès équitable, accès aux tribunaux, res- ponsabilité des institutions publiques et des fonctionnaires, respect de l’état de droit dans l’ad- ministration publique, droit à une assistance juridique (...) ;

3.1.6 Droit à un recours effectif

Voir aussi II. 2.4 : État de droit II. 3.1.4 : Droit de ne pas être arrêté ou détenu arbitrairement II. 3.1.5 : Droit à un procès équitable

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes) 3 (13) Les États participants, (13.9) – ils veilleront à ce que des recours effectifs et une information complète au sujet de ceux-ci soient à la disposition des personnes qui font valoir qu’il y a eu violation des droits de l’homme et des libertés fondamentales à leur endroit ; entre autres, ils leur donneront effectivement la pos- sibilité de se prévaloir : • du droit de chacun de présenter un recours devant des organes exécutifs, législatifs, judiciaires ou administratifs ; • du droit d’être entendues équitablement et publiquement, dans un délai raisonnable, par un tri- bunal indépendant et impartial, et entre autres d’y invoquer des arguments juridiques et d’y être représentées par l’avocat de leur choix ; • du droit d’être promptement et officiellement informées de la suite donnée a tout appel, y com- pris des motifs juridiques sur lesquels se fonde la décision. Cette information sera communi- quée en règle générale par écrit et, en tout état de cause, d’une façon qui permette à l’intéressé d’utiliser effectivement d’autres voies de recours disponibles.

Copenhague 1990

137 3.1.6 Droit à un recours effectif

(5.10) – tout individu disposera d’un recours effectif contre les décisions administratives de façon à garantir le respect des droits fondamentaux et à assurer la sécurité juridique ; (5.11) – les décisions administratives à l’encontre d’une personne doivent être pleinement motivées et indiquer en général les voies de recours existantes ; (...) (5.21) – afin de compléter les recours internes et de mieux garantir le respect par les États partici- pants des obligations internationales souscrites par eux, les États participants envisageront d’ad- hérer à une convention internationale de caractère régional ou universel relative à la protection des droits de l’homme, tels la Convention européenne des droits de l’homme ou le Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, qui prévoient des procé- dures de recours individuels devant des instances internationales. (…)

(11) Les États participants affirment en outre qu’en cas de violations alléguées des droits de l’homme et des libertés fondamentales, les recours disponibles comprennent (11.1) – le droit de toute personne de demander et de recevoir une assistance juridique appropriée ; (11.2) – le droit de toute personne de demander et de recevoir l’aide d’autrui pour défendre les droits de l’homme et les libertés fondamentales, ainsi que d’aider d’autres personnes à défendre ces droits et libertés ; (11.3) – le droit des personnes ou des groupes agissant en leur nom de communiquer avec des orga- nismes internationaux ayant compétence pour recevoir et examiner des informations concernant des atteintes alléguées aux droits de l’homme. (…)

(40) Les États participants (…) (40.5) – ils reconnaîtront le droit qu’a toute personne de disposer effectivement d’un recours, et ils s’efforceront de reconnaître, conformément à la législation nationale, le droit qu’ont les personnes et groupes de personnes concernées de déposer des plaintes contre les actes de discrimination, y compris les actes racistes et xénophobes, et de soutenir de telles plaintes ;

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous veillerons à ce que chacun jouisse de recours effectifs, sur le plan national ou international, contre toute violation de ses droits.

Moscou 1991

(18.2) Tout individu disposera d’un recours effectif contre les décisions administratives de façon à garantir le respect des droits fondamentaux et à assurer la sécurité juridique. (18.3) A cette même fin, des voies de recours contre les règlements administratifs seront ouvertes à toute personne à qui ces règlements auraient causé un préjudice. (18.4) Les États participants veilleront à prévoir un recours juridictionnel contre de tels règle- ments et décisions.

138 3.1.7 Objection de conscience et service alternatif

Ljubljana 2005 (Décision n° 12/05 sur la protection des droits de l’homme et de la primauté du droit dans les systèmes de justice pénale)

Le Conseil ministériel (...),

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

3.1.7 Objection de conscience et service alternatif

Copenhague 1990

(18) Les États participants 3 (18.1) – notent que la Commission des droits de l’homme des Nations Unies a reconnu le droit de chacun d’être objecteur de conscience ; (18.2) – prennent note des mesures prises récemment par plusieurs États participants pour per- mettre l’exemption du service militaire obligatoire pour les individus qui se déclarent objecteurs de conscience ; (18.3) – notent les activités menées par plusieurs organisations non gouvernementales concernant la question de l’objection de conscience ; (18.4) – conviennent d’examiner la possibilité de mettre en place, quand cela n’a pas encore été fait, un service sous d’autres formes qui soient compatibles avec les motifs invoqués par l’objec- teur de conscience, ces formes de service étant en principe de nature non belligérante ou civile, d’intérêt public et ne présentant aucun caractère répressif ; (18.5) – rendront publiques des informations sur cette question ; (18.6) – poursuivront l’examen, dans le cadre de la Conférence sur la dimension humaine, des ques- tions pertinentes concernant l’exemption du service militaire obligatoire, là où il existe, pour les indi- vidus qui se déclarent objecteurs de conscience, et échangeront des informations sur ces questions.

139 3.1.8 Liberté de pensée, de conscience, de religion ou de conviction

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

28. Les États participants feront figurer dans leurs lois ou autres textes pertinents les droits et devoirs des membres des forces armées. Ils étudieront la possibilité de dispenses ou de formules de rem- placement du service militaire.

3.1.8 Liberté de pensée, de conscience, de religion ou de conviction

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VII)

Les États participants respectent les droits de l’homme et les libertés fondamentales, y compris la liberté de pensée, de conscience, de religion ou de conviction pour tous, sans distinction de race, de sexe, de langue ou de religion. (…)

Dans ce cadre, les États participants reconnaissent et respectent la liberté de l’individu de profes- ser et pratiquer, seul ou en commun, une religion ou une conviction en agissant selon les impéra- tifs de sa propre conscience.

Helsinki 1975 (Coopération dans les domaines humanitaire et autres)

[Les États participants] confirment que les cultes, institutions et organisations religieux, agissant dans le cadre constitutionnel des États participants, et leurs représentants peuvent dans le domaine de leur activité, avoir entre eux des contacts et des rencontres et échanger des informations.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Les États participants (...), de plus, s’accordent à prendre les mesures nécessaires pour garantir la liberté qu’a l’individu de professer et pratiquer, seul ou en commun, une religion ou une convic- tion en agissant selon les impératifs de sa propre conscience.

A ce propos, ils consulteront, si besoin est, les cultes ainsi que les institutions et organisations reli- gieuses dont l’action s’exerce dans le cadre constitutionnel de leurs pays respectifs.

Ils examineront favorablement les demandes formulées par des communautés religieuses de croyants pratiquant ou disposés à pratiquer leur foi dans le cadre constitutionnel de leurs États, visant à l’octroi du statut prévu dans leur pays à l’intention des cultes et des institutions et organisa- tions religieuses.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes) (…)

(11) [Les États participants] confirment qu’ils respecteront les droits de l’homme et les libertés fondamentales, y compris la liberté de pensée, de conscience, de religion ou de conviction pour tous, sans distinction de race, de sexe, de langue ou de religion. Ils confirment également l’im- portance universelle des droits de l’homme et des libertés fondamentales, dont le respect est un

140 3.1.8 Liberté de pensée, de conscience, de religion ou de conviction

facteur essentiel de la paix, de la justice et de la sécurité nécessaires pour assurer le développement de relations amicales et de la coopération entre eux, comme entre tous les États. (…)

(16) Afin d’assurer la liberté de tout un chacun de professer et pratiquer une religion ou une convic- tion, les États participants, entre autres, (16.1) – prendront des mesures efficaces pour empêcher et éliminer toute discrimination fondée sur la religion ou la croyance, à l’encontre d’individus ou de communautés, s’agissant de la reconnais- sance, de l’exercice et de la jouissance des droits de l’homme et des libertés fondamentales dans tous les domaines de la vie civile, politique, économique, sociale et culturelle, et assureront l’éga- lité effective des croyants et des non-croyants ; (16.2) – favoriseront un climat de tolérance et de respect mutuels entre les croyants de communau- tés différentes, ainsi qu’entre croyants et non-croyants ; (16.3) – accorderont, sur leur demande, aux communautés de croyants pratiquant ou s’apprêtant à pratiquer leur foi dans le cadre constitutionnel de leur État, la reconnaissance du statut prévu à leur intention dans leur pays ; (16.4) – respecteront le droit de ces communautés : • à établir et entretenir des lieux de culte ou de réunion librement accessibles, • à s’organiser conformément à leur propre structure hiérarchique et institutionnelle, • à choisir, nommer et remplacer leur personnel conformément à leurs besoins et règles propres, ainsi qu’à tout arrangement librement conclu entre elles et l’État, • à solliciter et recevoir des contributions volontaires, qu’elles soient financières ou autres ; (16.5) – engageront des consultations avec les cultes, ainsi qu’avec les institutions et organisations religieuses, pour parvenir à une meilleure compréhension des exigences de la liberté religieuse ; 3 (16.6) – respecteront le droit de tout un chacun de dispenser et de recevoir une éducation religieuse dans la langue de son choix, à titre individuel ou en association avec d’autres ; (16.7) – respecteront, à cet égard, entre autres, la liberté des parents d’assurer l’éducation religieuse et morale de leurs enfants conformément à leurs propres convictions ; (16.8) – autoriseront la formation d’un personnel religieux dans des établissements appropriés ; (16.9) – respecteront le droit de chaque croyant et des communautés de croyants d’acquérir, de pos- séder et d’utiliser des livres sacrés, des publications religieuses dans la langue de leur choix, ainsi que d’autres objets liés à la pratique d’une religion ou d’une conviction ; (16.10) – autoriseront les cultes, ainsi que les institutions et organisation religieuses, à produire, importer et disséminer publications et objets religieux ; (16.11) – considéreront favorablement l’intérêt de communautés de croyants à participer au dia- logue public, y compris par l’intermédiaire des moyens d’information.

(17) Les États participants reconnaissent que l’exercice des droits mentionnés ci-dessus concernant la liberté religieuse ou de conviction ne peut faire l’objet que des restrictions qui sont prévues par la loi et compatibles avec les obligations qu’ils assument conformément au droit international et avec leurs engagements internationaux. Dans leur législation et leur réglementation et dans l’applica- tion de celles-ci, ils assureront l’exercice intégral et effectif de la liberté de pensée, de conscience, de religion ou de conviction. (…)

141 3.1.8 Liberté de pensée, de conscience, de religion ou de conviction

(32) Ils permettront aux croyants, aux cultes et à leurs représentants d’établir et de maintenir, col- lectivement ou individuellement, des contacts personnels directs, ainsi que des communications entre eux dans leur propre pays et à l’étranger, y compris par des voyages, des pèlerinages et la par- ticipation à des assemblées et à d’autres manifestations religieuses. Dans ce contexte, et en rapport avec ces contacts et ces manifestations, les intéressés seront autorisés à acquérir, recevoir et trans- porter des publications et des objets religieux liés à la pratique de leur religion ou de leur croyance.

Copenhague 1990

Les États participants réaffirment que

(9.4) – toute personne a droit à la liberté de pensée, de conscience et de religion. Ce droit comprend la liberté de changer de religion ou de conviction et de manifester sa religion ou sa conviction, indi- viduellement ou collectivement, en public ou en privé, par le culte, l’enseignement, les pratiques et l’accomplissement des rites. L’exercice de ces droits ne peut faire l’objet que des limitations pré- vues par la loi et conformes aux normes internationales communément admises ; (…)

(32) (…) Les personnes appartenant à des minorités nationales ont le droit d’exprimer, de préser- ver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse et de maintenir et de développer leur culture sous toutes ses formes, à l’abri de toutes tentatives d’assimilation contre leur volonté. En particulier, elles ont le droit (…) (32.3) – de professer et de pratiquer leur religion, y compris de se procurer, de posséder et d’utiliser des objets religieux, ainsi que de dispenser un enseignement religieux dans leur langue maternelle ; (…)

(33) Les États participants protégeront l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales sur leur territoire et créeront des conditions propres à promouvoir cette identité. Ils prendront les mesures nécessaires à cet effet après avoir procédé à des consultations appropriées, et notamment après s’être mis en rapport avec les organisations ou associations de ces minorités, conformément à la procédure de décision de chaque État.

De telles mesures devront être conformes aux principes de l’égalité et de la non-discrimination à l’égard des autres citoyens de l’État participant concerné. (…)

Budapest 1994 (Décisions : VIII. La dimension humaine

27. Confirmant qu’ils se sont engagés à assurer la liberté de conscience et de religion et à favoriser un climat de tolérance et de respect mutuels entre croyants de différentes confessions aussi bien qu’entre croyants et non-croyants, ils expriment leur inquiétude au sujet de l’exploitation de la reli- gion à des fins nationalistes agressives.

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

9. Affirme l’importance de la liberté de pensée, de conscience, de religion ou de conviction, et condamne toute discrimination et tout acte de violence, notamment à l’encontre de tout groupe

142 3.1.8 Liberté de pensée, de conscience, de religion ou de conviction

religieux ou de tout croyant. S’engage à assurer et à favoriser la liberté de chacun de professer et de pratiquer une religion ou une croyance, seul ou en communauté avec d’autres, si nécessaire par des lois, règlements, pratiques et politiques transparents et non discriminatoires. Encourage les États participants à solliciter l’assistance du BIDDH et de son groupe consultatif d’experts sur la liberté de religion ou de conviction. Souligne qu’il importe de poursuivre et d’intensifier le dia- logue entre religions ou croyances afin de favoriser le progrès de la tolérance, du respect et de la compréhension mutuelle ;

Astana 2010

7. Des menaces et des problèmes graves subsistent. (...) Il faut redoubler d’efforts pour promouvoir la liberté de religion ou de croyance et combattre l’intolérance et la discrimination. (...)

Kiev 2013 (Décision n° 3/13 sur la liberté de pensée, de conscience, de religion ou de conviction) (…)

Réaffirmant les décisions passées de la CSCE/l’OSCE sur la liberté de pensée, de conscience, de reli- gion ou de conviction, (…),

Résolu à assurer le respect et la jouissance de la liberté de pensée, de conscience, de religion ou de conviction pour tous,

Soulignant que toute personne a droit à la liberté de pensée, de conscience, de religion ou de convic- tion, qui implique la liberté d’avoir ou d’adopter une religion ou une conviction de son choix, de ne pas avoir ou professer de religion et de changer de religion ou de conviction, ainsi que la liberté de manifester sa religion ou sa conviction, individuellement ou en commun, tant en public qu’en privé, par l’enseignement, les pratiques, le culte et l’accomplissement des rites. La liberté 3 de manifester sa religion ou ses convictions ne peut faire l’objet que des seules restrictions prévues par la loi et conformes aux normes internationales,

Réaffirmant les engagements des États participants de respecter la liberté de pensée, de conscience, de religion ou de conviction,

Soulignant le lien qui existe entre la sécurité et le plein respect de la liberté de pensée, de conscience, de religion ou de conviction,

Profondément préoccupé par les actes continus d’intolérance et de violence à l’égard de personnes et de communautés religieuses ou de conviction sur la base de la pensée, de la conscience, de la religion ou de la conviction dans le monde entier,

Soulignant que la liberté de pensée, de conscience, de religion ou de conviction et l’ensemble des autres droits de l’homme et libertés fondamentales sont interdépendants, sont reliés entre eux et se renforcent mutuellement,

Insistant sur le fait qu’il est important de favoriser un climat de tolérance et de respect mutuels entre les croyants de différentes communautés et entre les croyants et les non-croyants,

143 3.1.9 Liberté d’association et liberté de réunion pacifique

Demande aux États participants : • À mettre pleinement en œuvre les engagements souscrits dans le cadre de l’OSCE sur la liberté de pensée, de conscience, de religion ou de conviction ; • À mettre pleinement en œuvre leurs engagements de garantir le droit de toutes les personnes de professer et de pratiquer une religion ou une conviction, individuellement ou en commun, tant en public qu’en privé, ainsi que de manifester leur religion ou leur conviction par l’enseigne- ment, les pratiques, le culte et l’accomplissement des rites, grâce notamment à une législation, à une réglementation, à des pratiques et à des politiques transparentes et non discriminatoires ; • À s’abstenir d’imposer des restrictions incompatibles avec les engagements pris dans le cadre de l’OSCE et les obligations internationales en ce qui concerne la pratique d’une religion ou d’une conviction par les personnes et les communautés religieuses ; • À promouvoir et faciliter un dialogue et des partenariats interconfessionnels et interreligieux ouverts et transparents ; • À chercher à prévenir l’intolérance, la violence et la discrimination sur la base de la religion ou de la conviction, y compris contre les chrétiens, les juifs, les musulmans et les membres d’autres religions, et contre les non-croyants, à condamner la violence et la discrimination pour des raisons religieuses et à s’efforcer de prévenir les attaques dirigées contre des personnes ou des groupes sur la base de la pensée, de la conscience, de la religion ou de la conviction et de proté- ger contre de telles attaques ; • À encourager à associer, en temps voulu, les communautés religieuses et de conviction aux débats publics sur les initiatives législatives pertinentes ; • À promouvoir le dialogue entre les communautés religieuses ou de conviction et les organes gou- vernementaux, y compris, si nécessaire, sur les questions liées à l’utilisation des lieux de culte et des biens religieux ; • À prendre des mesures efficaces pour prévenir et éliminer la discrimination contre les personnes ou les communautés religieuses ou de conviction sur la base de la religion ou de la conviction, y com- pris contre les non-croyants, par les agents publics dans l’exercice de leurs fonctions publiques ; • À adopter des politiques pour promouvoir le respect et la protection des lieux de culte et des monuments fiable, des cimetières et des lieux saints contre le vandalisme et la destruction.

3.1.9 Liberté d’association et liberté de réunion pacifique

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Les États participants donneront effet au droit qu’ont les travailleurs de créer librement des syn- dicats et d’y adhérer, au droit qu’ont les syndicats d’exercer librement leurs activités et aux autres droits qu’énoncent les instruments internationaux pertinents. Ils prennent note du fait que ces droits seront exercés dans le respect des lois de l’État et conformément aux obligations de l’État en vertu du droit international. Ils favoriseront, selon le cas, les contacts et la communication directs entre lesdits syndicats et entre leurs représentants.

Sofia 1989 (Préambule)

144 3.1.9 Liberté d’association et liberté de réunion pacifique

relatives à ces problèmes, sans se heurter à des obstacles juridiques et administratifs incompatibles avec les dispositions de la CSCE. Ces personnes, groupes et organisations ont le droit de partici- per à des débats publics sur les problèmes d’environnement, ainsi que d’établir et de garder des contacts directs et indépendants aux niveaux national et international.

Bonn 1990 (Préambule)

Reconnaissant le lien qui existe entre le pluralisme politique et les économies de marché et ayant souscrit aux principes concernant : (…) • Une activité économique qui soutienne en conséquence la dignité humaine, qui (...) ne dénie pas aux travailleurs le droit de créer librement des syndicats indépendants ou d’y adhérer,

S’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…)

Copenhague 1990

(7) (…) Les États participants (7.6) – respecteront le droit des individus ainsi que des groupes ou groupements de créer, en toute liberté, leurs propres partis ou autres organisations politiques (...) (…)

(9) Les États participants réaffirment que (9.2) – toute personne a le droit d’organiser des réunions et des manifestations pacifiques. Toute restriction pouvant être apportée à l’exercice de ces droits doit être prévue par la loi et compatible avec les normes internationales communément admises ; 3 (9.3) – le droit d’association est garanti. Est garanti également le droit de former un syndicat et d’y adhérer librement, sous réserve du droit général dont jouit tout syndicat de déterminer ses propres conditions d’adhésion. Ces droits excluent tout contrôle préalable. La liberté d’association des travailleurs, y compris le droit de grève, est garantie, sous réserve des limites prévues par la loi et compatibles avec les normes internationales communément admises ; (…)

(10) (…) les États participants s’engagent : (10.3) – à veiller à ce que toute personne soit autorisée à exercer le droit d’association, y compris le droit effectif de créer des organisations non gouvernementales cherchant à promouvoir et à pro- téger les droits de l’homme et les libertés fondamentales, notamment des syndicats et des groupes de surveillance en matière de droits de l’homme, ainsi que d’adhérer à ces organisations et de par- ticiper à leurs activités ; (…)

145 3.1.10 Liberté d’expression, médias et presse libres

(32.6) – de créer et de maintenir des organisations ou associations dans leur pays, et de participer aux activités d’organisations non gouvernementales internationales.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que, sans discrimination, tout individu a le droit à la liberté de pensée, (...) la liberté d’association et de réunion pacifique (...) :

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la Déclaration universelle des droits de l’homme) (…)

Nous réaffirmons que chacun a droit à la liberté de pensée, de conscience, de religion ou de convic- tion ; à la liberté d’opinion et d’expression ; et à la liberté de réunion pacifique et d’association. L’exercice de ces droits ne peut faire l’objet que des seules restrictions qui sont prévues par la loi et conformes à nos obligations en vertu du droit international et de nos engagements internationaux. (…)

3.1.10 Liberté d’expression, médias et presse libres

A. Dispositions générales

Helsinki 1975 (Coopération dans les domaines humanitaire et autres)

Les États participants,

Conscients du besoin d’une connaissance et d’une compréhension toujours plus larges des divers aspects de la vie dans les autres États participants,

Reconnaissant l’apport de ce processus au développement de la confiance entre peuples,

Désireux, avec le développement de la compréhension mutuelle entre les États participants et avec l’amélioration progressive de leurs relations, de continuer de nouveaux efforts en vue d’un pro- grès dans ce domaine,

Reconnaissant l’importance de la diffusion de l’information en provenance des autres États par- ticipants et d’une meilleure connaissance de cette information, (…)

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

(34) (…) [Les États participants] veilleront, conformément au Pacte international relatif aux droits civils et politiques, à la Déclaration universelle des droits de l’homme et à leurs engagements inter- nationaux pertinents concernant la recherche, la réception et la communication d’informations

146 3.1.10 Liberté d’expression, médias et presse libres

de toutes sortes, à ce que les individus puissent choisir librement leurs sources d’information. A cet égard, (...) • ils permettront aux individus, aux institutions et aux organisations—tout en respectant les droits relatifs à la propriété intellectuelle, y compris les droits d’auteur—d’obtenir, de posséder, de repro- duire et de diffuser des informations de toutes sortes, quel qu’en soit le support.

A ces fins, ils supprimeront toutes les restrictions inconciliables avec les obligations et engage- ments précités.

(35) Ils utiliseront toutes les possibilités qu’offrent les moyens modernes de communication, y com- pris le câble et les satellites, de diffuser plus librement et plus largement des informations de toute nature. Ils encourageront également la coopération et les échanges entre leurs institutions, leurs organisations et leurs spécialistes dans le domaine de la technique, et travailleront à l’harmoni- sation des normes techniques.

(36) Ils veilleront dans la pratique à ce que des bulletins officiels d’information puissent être dis- tribués librement sur leur territoire par les missions diplomatiques et autres missions officielles, et par les postes consulaires des autres États participants. (…)

(45) Ils veilleront à ce que, dans la pratique, des personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire puissent diffuser des informations dans leur langue maternelle, y avoir accès et les échanger.

Sofia 1989 (Préambule)

Les États participants réaffirment qu’ils respectent le droit des personnes, groupes et organisations qui s’occupent des problèmes relatifs à l’environnement d’exprimer librement leurs avis, de s’associer 3 avec d’autres, de s’assembler pacifiquement, ainsi que d’obtenir, publier et diffuser des informations relatives à ces problèmes, sans se heurter à des obstacles juridiques et administratifs incompatibles avec les dispositions de la CSCE. Ces personnes, groupes et organisations ont le droit de partici- per à des débats publics sur les problèmes d’environnement, ainsi que d’établir et de garder des contacts directs et indépendants aux niveaux national et international.

Copenhague 1990

(7) (…) Les États participants (…) (7.7) – veilleront à ce que la loi et l’ordre public de l’État contribuent à faire en sorte que les cam- pagnes politiques se déroulent dans un climat d’équité et de liberté excluant toute pression adminis- trative, violence ou intimidation qui interdirait aux partis et aux candidats d’exposer librement leurs opinions et leurs qualités, ou empêcherait les électeurs d’en prendre connaissance et d’en débattre ou de voter (...) ; (…)

(9) Les États participants réaffirment que (9.1) – toute personne a droit à la liberté d’expression, y compris le droit de communiquer. Ce droit comprend la liberté d’exprimer des opinions ainsi que de recevoir et de transmettre des informations et des idées, sans ingérence de la part des autorités publiques et sans considération

147 3.1.10 Liberté d’expression, médias et presse libres

de frontières. L’exercice de ce droit ne peut faire l’objet de restrictions que si ces restrictions sont prévues par la loi et compatibles avec les normes internationales communément admises. En par- ticulier, aucune limitation ne doit être apportée à l’accès et à l’utilisation des moyens de repro- duction de documents de toute nature, sous réserve, toutefois, de respecter les droits relatifs à la propriété intellectuelle, y compris les droits d’auteur ; (…)

(10) (…) les États participants s’engagent : (10.1) – à respecter le droit de chacun, à titre individuel ou en association avec d’autres, de deman- der, recevoir et communiquer librement des opinions et des informations concernant les droits de l’homme et les libertés et ces informations ; (10.2) – à respecter les droits de chacun, à titre individuel ou en association avec d’autres, d’étudier et d’examiner comment les droits de l’homme et les libertés fondamentales sont respectés et d’éla- borer et d’examiner des idées propres à améliorer la protection des droits de l’homme ainsi que des moyens plus efficaces pour garantir leur conformité avec les normes internationales commu- nément admises en matière de droits de l’homme ; (…)

Budapest 1994 (Décisions : VIII. La dimension humaine

36. Les États participants réaffirment que la liberté d’expression est un droit de l’homme fonda- mental et un élément essentiel de toute société démocratique.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

26. Nous réaffirmons l’importance (...) de la libre circulation des informations tout comme de l’ac- cès du public à l’information. Nous nous engageons à prendre toutes les mesures nécessaires pour réunir les conditions indispensables à (...) la circulation sans entraves de l’information au-delà des frontières et à l’intérieur des États (...)

Astana 2010

148 3.1.10 Liberté d’expression, médias et presse libres

B. Liberté des médias et conditions de travail des journalistes

Voir aussi I. 2.3.4 C : Représentant de l’OSCE pour la liberté des médias

Helsinki 1975 (Coopération dans les domaines humanitaire et autres)

(...) Reconnaissant l’importance de la diffusion de l’information en provenance des autres États participants et d’une meilleure connaissance de cette information,

Soulignant en conséquence le rôle essentiel et l’influence de la presse, de la radio, de la télévision, du cinéma et des agences de presse, ainsi que des journalistes dont l’activité s’exerce en ces domaines,

Se fixent comme objectif de faciliter une diffusion plus libre et plus large de l’information de toute nature, d’encourager la coopération dans le domaine de l’information et l’échange d’informations avec d’autres pays, ainsi que d’améliorer les conditions dans lesquelles les journalistes d’un État participant exercent leur profession dans un autre État participant, et

Expriment leur intention notamment :

(a) Amélioration de la diffusion de l’information, de l’accès à l’information et de l’échange d’in- formations

(ii) Information écrite De faciliter l’amélioration de la diffusion, sur leur territoire, des journaux et publications impri- mées, périodiques ou non périodiques en provenance des autres États participants. (…) 3 De contribuer à améliorer l’accès du public aux publications imprimées, périodiques et non périodiques importées(...)

(iii) Information filmée, radiodiffusée et télévisée De promouvoir l’amélioration de la diffusion d’informations filmées, radiodiffusées et télévi- sées. Les États participants prennent note de l’élargissement de la diffusion de l’information radiodif- fusée et expriment l’espoir que ce processus se poursuive de sorte qu’il réponde à l’intérêt de la compréhension mutuelle entre les peuples ainsi qu’aux buts énoncés par cette Conférence.

(b) Coopération dans le domaine de l’information

D’encourager la coopération dans le domaine de l’information sur la base d’accords ou d’arrange- ments à court ou long terme. Notamment : • ils favoriseront une coopération accrue entre organes d’information de masse, Y compris les agences de presse, ainsi qu’entre organisations et maisons d’édition ; • ils favoriseront la coopération entre organisations de radiodiffusion et de télévision publiques ou privées, nationales ou internationales, en particulier par l’échange de programmes de radio et de télévision, tant en direct qu’enregistrés, ainsi que par la production en commun et la dif- fusion de tels programmes ;

149 3.1.10 Liberté d’expression, médias et presse libres

• ils encourageront les rencontres et les contacts aussi bien entre organisations de journalistes qu’entre journalistes des États participants ; • ils envisageront favorablement les possibilités d’arrangements entre publications périodiques ainsi qu’entre journaux des États participants. en vue de l’échange et de la publication d’articles ; • ils encourageront l’échange d’informations techniques ainsi que l’organisation de recherches communes et de rencontres consacrées aux échanges d’expériences et de vues entre experts dans le domaine de la presse, de la radio et de la télévision.

Les États participants, désireux d’améliorer les conditions dans lesquelles les journalistes d’un État participant exercent leur profession dans un autre État participant, ont l’intention en particulier de : • examiner dans un esprit favorable et dans des délais appropriés et raisonnables les demandes de visa présentées par des journalistes ; • accorder aux journalistes des États participants accrédités à titre permanent, sur la base d’ar- rangements, des visas à entrées et sorties multiples pour des délais déterminés ; • faciliter la délivrance aux journalistes accrédités des États participants, de permis de séjour dans le pays de leur résidence temporaire et, si et quand ceux-ci sont nécessaires, des autres docu- ments officiels qu’il leur convient d’avoir ; • assouplir, sur une base de réciprocité, les procédures d’organisation des déplacements de jour- nalistes des États participants dans le pays où ils exercent leur profession, et offrir progressive- ment de plus grandes possibilités pour ce genre de déplacements, sous réserve de l’observation des règlements relatifs à l’existence de régions interdites pour des raisons de sécurité ; • faire en sorte qu’il soit, autant que possible, donné rapidement suite aux demandes présentées par lesdits journalistes en vue de tels déplacements, compte tenu du facteur temps propre à la demande ; • accroître les possibilités, pour les journalistes des États participants, de communiquer personnel- lement avec leurs sources d’information, y compris les organisations et les institutions officielles ; • accorder aux journalistes des États participants le droit d’importer l’équipement technique (photo, cinéma, magnétophone, radio et télévision) qui leur est nécessaire pour l’exercice de leur profession ;*) • donner aux journalistes des autres États participants, accrédités à titre permanent ou temporaire, la possibilité de transmettre intégralement, normalement et rapidement aux organes d’informa- tion qu’ils représentent, en utilisant des moyens reconnus par les États participants, les résul- tats de leur activité professionnelle, y compris les enregistrements magnétiques et les pellicules et films non développés, aux fins de publication, de radiodiffusion ou de télévision.

Les États participants réaffirment que les journalistes ne sauraient être expulsés ni pénalisés de quelque autre manière du fait de l’exercice légitime de leur activité professionnelle. En cas d’expulsion d’un journaliste accrédité, celui-ci sera informé des raisons de cette mesure et pourra demander le réexamen de son cas.

* Tout en reconnaissant que le personnel local approprié est employé par des journalistes étrangers dans de nom- breux cas, les États participants notent que les dispositions ci-dessus s’appliqueraient, sous réserve du respect des règles appropriées, aux personnes des autres États participants, qui sont régulièrement et professionnelle- ment engagées en tant que techniciens, photographes ou caméramans de la presse, de la radio, de la télévision ou du cinéma.

150 3.1.10 Liberté d’expression, médias et presse libres

Madrid 1983 (Coopération dans les domaines humanitaire et autres)

[Les États participants] favoriseront une expansion accrue de la coopération entre les mass media et entre leurs représentants, en particulier entre les membres des rédactions des agences de presse, des journaux, des organismes de radio et de télévision et des sociétés cinématographiques. Ils encou- rageront un échange plus régulier de nouvelles, d’articles, de suppléments et d’émissions ainsi que l’échange de personnels de rédaction afin que ceux-ci approfondissent leur connaissance des pratiques respectives. Sur une base de réciprocité, ils amélioreront les services matériels et tech- niques offerts aux reporters de la radio et de la télévision accrédités à titre permanent ou tempo- raire. De plus, ils faciliteront les contacts directs entre journalistes, ainsi que les contacts établis dans le cadre d’organisations professionnelles.

Ils donneront suite sans retard indu aux demandes de visa émanant de journalistes et ils réexami- neront dans des délais raisonnables les demandes rejetées. En outre, un journaliste désirant voyager pour des raisons personnelles et non pour effectuer un reportage bénéficiera du même traitement que tout autre visiteur provenant de son pays d’origine.

Ils accorderont aux correspondants permanents et aux membres de leur famille vivant avec eux des visas à entrées et sorties multiples valables un an.

Les États participants examineront la possibilité d’accorder, le cas échéant sur la base d’arrange- ments bilatéraux, l’accréditation et autres facilités connexes aux journalistes d’autres États parti- cipants accrédités à titre permanent dans des pays tiers.

Ils faciliteront les déplacements des journalistes d’autres États participants sur leurs territoires, notamment en prenant des mesures concrètes, là où cela s’avère nécessaire, pour leur accorder des possibilités de voyager d’une manière plus étendue, sauf dans les régions interdites pour des raisons de sécurité. Ils informeront les journalistes à l’avance, chaque fois que possible, au cas où de nouvelles régions seraient interdites pour des raisons de sécurité. 3 Ils permettront dans une plus grande mesure et, le cas échéant, dans de meilleures conditions, aux journalistes d’autres États participants d’établir et d’entretenir des contacts personnels et de com- muniquer avec leurs sources d’information.

Ils autoriseront, en règle générale, les journalistes de la radio et de la télévision, sur leur demande, à se faire accompagner par leurs propres techniciens du son et de l’image et à utiliser leur propre équipement.

De même, les journalistes pourront apporter de la documentation, y compris des notes et dossiers personnels, qui ne devront strictement servir qu’à des fins professionnelles.*

* A cet égard, il est entendu que l’importation de publications imprimées peut être assujettie à la réglementation locale qui sera appliquée en tenant dûment compte de la nécessité pour les journalistes de disposer d’un maté- riel de travail approprié. Les États participants faciliteront, là où cela est nécessaire, la création et le fonction- nement, dans leur capitale, de centres de presse ou d’institutions remplissant les mêmes fonctions, ouverts à la presse nationale et étrangère et équipés d’installations de travail appropriées pour cette dernière. Ils envisage- ront en outre des voies et moyens nouveaux pour aider les journalistes d’autres États participants et pour leur permettre ainsi de régler les problèmes pratiques qui peuvent se poser à eux.

151 3.1.10 Liberté d’expression, médias et presse libres

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

(34) (...) Ils poursuivront leurs efforts pour faciliter une diffusion plus libre et plus large d’infor- mations de toutes sortes, encourager la coopération dans le domaine de l’information et amélio- rer les conditions de travail des journalistes. (…)

(...) ils • veilleront à ce que la réception des émissions radiophoniques conformes aux Règlements des radiocommunications de l’UIT puisse se faire directement et normalement ;

(37) Ils encourageront les organismes de radiodiffusion et de télévision, sur la base d’arrange- ments conclus entre eux, à diffuser en direct, particulièrement dans les pays qui en assurent l’or- ganisation, des émissions et des débats avec des participants provenant d’États différents, ainsi qu’à diffuser des déclarations de personnalités politiques ou autres des États participants, et des entretiens avec celles-ci.

(38) Ils encourageront les organismes de radiodiffusion et de télévision à présenter des reportages sur les divers aspects de la vie dans les autres États participants et à accroître le nombre des émis- sions en duplex entre leurs pays.

(39) Rappelant que les journalistes ne sauraient être passibles d’expulsion ni pénalisés en aucune autre manière du fait de l’exercice légitime de leur activité professionnelle, les États participants s’abstiendront de prendre à leur encontre des mesures restrictives, comme celle qui consiste à reti- rer à un journaliste son accréditation ou à l’expulser en raison du contenu d’un reportage réalisé par lui ou diffusé par le moyen d’information qui l’emploie.

(40) Ils veilleront à ce que les journalistes, y compris ceux qui représentent des médias d’autres États participants, soient, dans l’exercice de leur activité professionnelle, libres de chercher à éta- blir et à maintenir des contacts avec des sources d’ information publiques et privées, et à ce que le caractère confidentiel de leurs activités professionnelles soit respecté.

(41) Ils respecteront les droits d’auteur des journalistes.

(42) Ils accorderont, le cas échéant sur la base d’accords conclus entre eux, et dans le but de per- mettre des reportages réguliers, l’accréditation, lorsqu’elle est exigée, et des visas valables pour plu- sieurs entrées à des journalistes d’autres États participants, quel que soit leur domicile. Au même titre, ils réduiront à un maximum de deux mois le délai de délivrance aux journalistes de leur accréditation et de visas valables pour plusieurs entrées.

(43) Ils faciliteront le travail des journalistes étrangers en fournissant, sur demande, des rensei- gnements pertinents d’ordre pratique en ce qui concerne, par exemple, les règlements en matière d’importation, de fiscalité et de logement.

(44) Ils veilleront à ce que les journalistes étrangers, après accréditation lorsque celle-ci est requise, puissent eux aussi avoir accès aux conférences de presse officielles et, le cas échéant, à d’autres ren- contres officielles analogues.

152 3.1.10 Liberté d’expression, médias et presse libres

Copenhague 1990

(7) Les États participants, (7.8) – veilleront à ce qu’aucune obstacle d’ordre juridique ou administratif ne s’oppose au libre accès aux médias sur la base de la non-discrimination pour tous les groupes ou groupements poli- tiques et toutes les personnes désirant participer à des élections ;

Moscou 1991

(26) Les États participants réaffirment le droit à la liberté d’expression, y compris le droit (...) pour les médias, de recueillir, de commenter et de diffuser des informations, des nouvelles et des opi- nions. Toute restriction à l’exercice de ce droit doit être prévue par la loi et conforme aux normes internationales. Ils reconnaissent en outre que des médias indépendants sont essentiels à des socié- tés libres et ouvertes et à des systèmes dans lesquels le gouvernement est comptable de son action, et que ces médias ont une importance particulière pour la protection des droits de l’homme et des libertés fondamentales. (26.1) Ils considèrent que la presse écrite, la radiodiffusion et la télévision devraient avoir sur leur territoire un accès sans restriction aux services de presse et d’information étrangers. Le public aura, de manière analogue, la liberté de recevoir et de transmettre des informations et des idées, sans ingérence de la part des autorités publiques et sans considération de frontières, y compris le canal de publications et de stations de radiodiffusion étrangères. Les restrictions à l’exercice de ce droit ne pourront être que celles qui sont prévues par la loi et sont conformes aux normes internationales. (26.2) Les États participants ne feront preuve d’aucune discrimination à l’encontre des médias indé- pendants en ce qui concerne l’accès à l’information, au matériel et aux installations. (…)

(28.9) Les États participants s’efforceront de maintenir la liberté d’expression et la liberté d’infor- 3 mation, conformément à leurs obligations et engagements internationaux, en vue de permettre une discussion publique sur le respect des droits de l’homme et des libertés fondamentales ainsi que sur la levée de l’état d’exception. Ils ne prendront, conformément aux normes internationales relatives à la liberté d’expression, aucune mesure visant à interdire aux journalistes l’exercice légi- time de leur profession à moins que la situation ne rende de telles mesures absolument nécessaires. (…)

Les participants adopteront, s’il y a lieu, toutes les mesures qui peuvent être prises pour protéger les journalistes effectuant des missions professionnelles dangereuses, particulièrement dans les cas de conflits armés, et ils coopéreront à cet effet. Ces mesures consisteront notamment à rechercher des journalistes disparus, faire la lumière sur leur sort, leur fournir l’assistance voulue et faciliter leur retour auprès de leur famille.

Budapest 1994 (Décisions : VIII. La dimension humaine)

36. Les États participants réaffirment que la liberté d’expression est un droit de l’homme fonda- mental et un élément essentiel de toute société démocratique. Ils estiment, à cet égard, que des médias indépendants et pluralistes sont indispensables à une société libre et ouverte et à des sys- tèmes de gouvernements responsables. Ils adoptent pour principe directeur l’engagement de sau- vegarder ce droit.

153 3.1.10 Liberté d’expression, médias et presse libres

37. Ils condamnent les attaques et harcèlements quels qu’ils soient contre des journalistes dans l’exercice de leur profession et ils s’efforceront d’obliger les responsables directs de ces attaques et harcèlements à rendre compte de leurs actes.

38. Ils notent par ailleurs que l’utilisation des médias, notamment par les gouvernements pour inciter à la haine et aviver les tensions ethniques, peut apparaître comme un signe avant-coureur de conflit.

Lisbonne 1996 (Déclaration du Sommet)

9. (...) Parmi les problèmes aigus relevant de la dimension humaine, les violations continues des droits de l’homme, comme par exemple (…) menaces pour l’indépendance des médias (…) conti- nuent à mettre en péril la stabilité dans la région de l’OSCE. Nous sommes résolus à continuer de nous attaquer à ces problèmes. (…)

11. La liberté de la presse et des médias est l’une des conditions fondamentales de toute société civile réellement démocratique. (...)

Copenhague 1997 (Annexe 1 : Décision N° 193 du Conseil permanent, Mandat du Représentant de l’OSCE pour la liberté des médias)

1. Les États participants (…) rappellent en particulier que la liberté d’expression est un droit de l’homme et fondamental, reconnu sur le plan international et un élément capital de toute société démocratique ; et que la liberté, l’indépendance et le pluralisme des médias sont essentiels pour une société libre et ouverte et les systèmes de gouvernement responsables. Ayant à l’esprit les principes et engagements auxquels ils ont souscrit dans le cadre de l’OSCE (…) les États participants décident de créer, sous l’égide du Conseil permanent, un poste de Représentant de l’OSCE pour la liberté des médias. L’objectif est de consolider la mise en œuvre des principes et engagements de l’OSCE et d’accroître l’efficacité de l’action concertée des États participants, en se fondant sur leurs valeurs communes. Les États participants confirment qu’ils coopéreront sans réserve avec le Représentant de l’OSCE pour la liberté des médias. Il aidera les États participants, dans un esprit de coopération, à poursuivre leur engagement en faveur de la liberté, de l’indépendance et du pluralisme des médias.

Istanbul 1999 (Déclaration du Sommet)

27. (...) Nous sommes profondément préoccupés par la manière dont les médias sont exploités dans les zones de conflit pour attiser la haine et la tension ethnique, et par le recours à des restrictions et tracasseries juridiques pour priver les citoyens de médias libres. Nous soulignons la nécessité de garantir la liberté d’expression qui est, dans toute démocratie, une composante essentielle du discours politique. Nous appuyons le bureau du Représentant pour la liberté des médias dans ses efforts pour promouvoir la liberté et l’indépendance des médias.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

26. Nous réaffirmons l’importance des médias indépendants et de la libre circulation des infor- mations tout comme de l’accès du public à l’information. Nous nous engageons à prendre toutes les mesures nécessaires pour réunir les conditions indispensables à la liberté et à l’indépendance des médias ainsi qu’à la circulation sans entraves de l’information au-delà des frontières et à l’in- térieur des États (…)

154 3.1.10 Liberté d’expression, médias et presse libres

Milan 2018 (Décision N° 3/18 sur la sécurité des journalistes)

Le Conseil ministériel,

Réaffirmant tous les engagements pertinents de l’OSCE concernant le droit à la liberté d’expres- sion, la liberté des médias et la libre circulation de l’information, (…)

Ayant à l’esprit que tout individu a droit à la liberté d’opinion et d’expression, (…), et que ce droit constitue l’un des fondements essentiels d’une société démocratique et l’une des conditions fon- damentales pour lui permettre de progresser et de se développer, (…)

Réaffirmant que des médias indépendants sont essentiels à des sociétés libres et ouvertes et à des systèmes dans lesquels le gouvernement est comptable de son action, et que ces médias ont une importance particulière pour la protection des droits de l’homme et des libertés fondamentales, (…),

Reconnaissant que le journalisme et la technologie évoluent et que cela contribue au débat public tout en étant aussi susceptible d’élargir l’éventail des risques qui compromettent la sécurité des journalistes,

Prenant note de l’importance qu’il y a de promouvoir et protéger la sécurité des journalistes pour la mise en œuvre de l’objectif et des cibles pertinents du Programme de développement durable des Nations Unies à l’horizon 2030,

Conscient que le travail des journalistes peut les exposer, de même que les membres de leur famille, à la violence ainsi qu’à l’intimidation et au harcèlement, notamment au moyen des technologies numériques, ce qui peut dissuader les journalistes de poursuivre leur travail ou conduire à l’au- tocensure, Notant avec préoccupation que le recours à des mesures restrictives indues contre les 3 journalistes peut nuire à leur sécurité et les empêcher de communiquer des informations au public, et influe donc négativement sur l’exercice du droit à la liberté d’expression,

Réaffirmant que les médias devraient avoir sur leur territoire un accès sans restriction aux services de presse et d’information étrangers, que le public aura, de manière analogue, la liberté de trans- mettre et de recevoir des informations et des idées, sans ingérence de la part des autorités publiques et sans considération de frontières, y compris par le canal de publications et de stations de radio- diffusion étrangères, et que les restrictions à l’exercice de ce droit ne pourront être que celles qui sont prévues par la loi et sont conformes aux normes internationales, (…),

Préoccupé par le fait que les violations et atteintes relatives au droit d’être libre de toute ingérence arbitraire ou illégale dans la vie privée peuvent influer sur la sécurité des journalistes,

Profondément préoccupé par toutes les violations des droits de l’homme et atteintes commises contre la sécurité des journalistes, notamment celles impliquant des homicides, des actes de tor- ture, des disparitions forcées, des arrestations arbitraires, des détentions arbitraires et des expul- sions arbitraires, des actes d’intimidation, le harcèlement et des menaces sous toutes les formes, physiques, juridiques, politiques, technologiques ou économiques, destinés à empêcher leur travail,

Préoccupé par les risques distincts auxquels les femmes journalistes sont exposées en relation avec leur travail, y compris par le biais des technologies numériques, et soulignant l’importance qu’il y a d’assurer leur plus grande sécurité possible et de tenir compte effectivement de leurs expé- riences et de leurs préoccupations,

155 3.1.10 Liberté d’expression, médias et presse libres

Conscient du rôle crucial joué par les journalistes dans la couverture des élections, en particulier dans l’information du public à propos des candidats, de leurs plateformes et des débats en cours, et se déclarant vivement préoccupé par les menaces et les attaques violentes auxquelles les journa- listes peuvent être confrontés à cet égard,

Conscient de l’importance du journalisme d’investigation et du fait que la capacité des médias de mener des enquêtes et d’en publier les résultats, y compris sur l’internet, sans crainte de repré- sailles, peut jouer un rôle important dans nos sociétés, y compris pour tenir les institutions publiques et les agents de la fonction publique comptables de leurs actes,

Alarmé par l’augmentation du nombre des campagnes ciblées nuisant au travail des journalistes, ce qui érode la confiance du public dans la crédibilité du journalisme, et conscient du fait que cela peut augmenter le risque que les journalistes fassent l’objet de menaces et de violences,

Alarmé aussi par les cas dans lesquels des dirigeants politiques, des agents de la fonction publique et/ou des autorités publiques intimident ou menacent des journalistes et tolèrent ou s’abstiennent de condamner la violence contre les journalistes,

Se déclarant profondément préoccupé par la menace croissante pour la sécurité des journalistes posée, entre autres, par des groupes terroristes et des organisations criminelles,

Soulignant aussi les risques particuliers pour la sécurité des journalistes à l’ère numérique, y com- pris la vulnérabilité particulière des journalistes à devenir la cible d’intrusions informatiques ou d’une surveillance ou interception illégale ou arbitraire des communications, portant atteinte à la jouissance de leur droit à la liberté d’expression et de leur droit d’être libre de toute ingérence arbi- traire ou illégale dans la vie privée,

Réaffirmant que les États participants condamnent toutes les attaques contre les journalistes et leur harcèlement et qu’ils s’efforceront d’obliger les responsables directs de ces attaques et harcèle- ments à rendre compte de leurs actes, comme déclaré au Sommet de Budapest de la CSCE de 1994, et conscient également du fait que l’établissement des responsabilités pour les crimes commis à l’en- contre des journalistes est un élément clé de la prévention de futures attaques,

Soulignant l’importance de la commémoration du 2 novembre proclamé par l’Assemblée générale des Nations Unies Journée internationale de la fin de l’impunité pour les crimes commis contre des journalistes,

Prenant note avec préoccupation du climat d’impunité qui prévaut lorsque des attaques com- mises contre des journalistes restent impunies, et conscient du rôle joué par les gouvernements, les législateurs et le pouvoir judiciaire pour ce qui est d’instaurer un environnement de travail sûr et d’assurer la sécurité des journalistes, entre autres, en condamnant publiquement et en tradui- sant en justice tous les responsables de crimes contre des journalistes,

Rappelant les résolutions 1738 (2006) et 2222 (2015) du Conseil de sécurité des Nations Unies, condamnant toutes les violations et atteintes commises contre les journalistes, les professionnels des médias et le personnel associé en période de conflit armé, et dans lesquelles il est dit que les journalistes, les professionnels des médias et le personnel associé en période de conflit armé qui accomplissent des missions professionnelles périlleuses dans des zones de conflit armé doivent être considérés comme des civils et protégés en tant que tels, à la condition qu’ils n’entreprennent aucune action qui porte atteinte à leur statut de personnes civiles,

156 3.1.10 Liberté d’expression, médias et presse libres

Demande aux États participants :

1. De mettre intégralement en œuvre tous les engagements auxquels ils ont souscrit dans le cadre de l’OSCE et leurs obligations internationales liées à liberté d’expression et à la liberté des médias, y compris en respectant, promouvant et protégeant la liberté de rechercher, de recevoir et de répandre des informations, sans considération de frontières ;

2. De mettre intégralement leurs lois, politiques et pratiques relatives à la liberté des médias en conformité avec leurs obligations et engagements internationaux et de les examiner et, selon que de besoin, de les abroger ou de les amender de telle sorte qu’elles ne restreignent pas la capa- cité des journalistes de faire leur travail en toute indépendance et sans ingérence indue ;

3. De condamner publiquement et sans équivoque toutes les attaques et violences contre des jour- nalistes tels que les homicides, les actes de torture, les disparitions forcées, les arrestations arbi- traires, les détentions arbitraires et les expulsions arbitraires, les actes d’intimidation, le harcèlement et les menaces sous toutes leurs formes, physiques, juridiques, politiques, technologiques ou écono- miques, utilisées pour empêcher leur travail et/ou les contraindre indûment à fermer leurs bureaux, y compris en période de conflit ;

4. De condamner aussi publiquement et sans équivoque les attaques contre les femmes journalistes en relation avec leur travail, comme le harcèlement sexuel, les abus, les actes d’intimidation, les menaces et les violences, y compris par le biais des technologies numériques ;

5. D’exiger la libération immédiate et inconditionnelle de tous les journalistes qui ont été arrêtés ou détenus arbitrairement, qui ont été pris en otage ou qui ont été victimes de disparition forcée ;

6. De prendre des mesures efficaces pour mettre fin à l’impunité pour les crimes commis contre les journalistes en garantissant l’établissement des responsabilités en tant qu’élément clé de la pré- vention de futures attaques, y compris en veillant à ce que les organismes chargés de l’application 3 de la loi procèdent à des enquêtes rapides, efficaces et impartiales sur les actes de violence et les menaces contre les journalistes, afin de traduire en justice tous ceux qui en sont responsables et de veiller à ce que les victimes aient accès à des recours appropriés ;

7. D’exhorter les dirigeants politiques, les agents de la fonction publique et/ou les autorités publiques à s’abstenir d’intimider et de menacer les journalistes ou de tolérer la violence à leur encontre et de la condamner sans équivoque afin de réduire les risques ou les menaces auxquels les journalistes peuvent être confrontés et d’éviter de nuire à la confiance en la crédibilité des journalistes ainsi qu’au respect de l’importance du journalisme indépendant ;

8. De s’abstenir d’ingérence arbitraire ou illégale dans l’utilisation par les journalistes de techno- logies de cryptage et d’anonymisation et de s’abstenir d’employer des techniques de surveillance illégales ou arbitraires, sachant que de tels actes portent atteinte à la jouissance par les journalistes de leurs droits de l’homme et pourraient les exposer à la violence et à des menaces pour leur sécurité ;

9. D’encourager les organes d’État et les organismes chargés de l’application de la loi à organiser des activités de sensibilisation et de formation liées à la nécessité d’assurer la sécurité des journa- listes et à promouvoir la participation de la société civile à de telles activités, en tant que de besoin ;

10. D’instaurer ou de renforcer, là où c’est possible, une collecte de données, des analyses et des rapports au niveau national sur les attaques et la violence contre les journalistes ;

157 3.1.10 Liberté d’expression, médias et presse libres

11. De veiller à ce que les lois sur la diffamation n’entraînent pas de sanctions ou de peines exces- sives qui pourraient compromettre la sécurité des journalistes et/ou les censurer de facto et contre- carrer leur mission d’information du public et, en tant que de besoin, de réviser et d’abroger de telles lois conformément aux obligations des États participants découlant du droit internatio- nal des droits de l’homme ;

12. De mettre en œuvre plus efficacement le cadre juridique applicable pour la protection des jour- nalistes et tous les engagements de l’OSCE en la matière ;

13. De coopérer pleinement avec le Représentant de l’OSCE pour la liberté des médias, notamment sur la question de la sécurité des journalistes ;

C. Liberté d’expression culturelle ou artistique

Voir aussi II. 3.2.3 : Droits culturels/héritage culturel

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous reconnaissons que notre culture commune européenne et nos valeurs partagées ont contri- bué de manière essentielle à surmonter la division du continent. Par conséquent, nous soulignons notre attachement à la liberté créatrice, ainsi qu’à la protection et la promotion de notre patrimoine culturel et spirituel, dans toute sa richesse et sa diversité.

Cracovie 1991 (I. Culture et liberté)

1. Les États participants soulignent que le respect des droits de l’homme et des libertés fondamen- tales est essentiel au plein épanouissement de la créativité culturelle.

2. L’État et les autorités nationales s’abstiendront de faire obstacle à la liberté de création artistique.

3. Les États participants s’engagent à promouvoir et protéger le développement libre et sans entrave de la créativité artistique ; ils reconnaissent le rôle éminent de l’artiste dans la société, respectent et protègent l’intégrité du travail de création.

4. Ils reconnaissent que les gouvernements doivent rechercher un équilibre entre les responsabilités qui leur incombent d’appuyer d’une part l’activité culturelle et d’en garantir la liberté d’autre part.

5. Ils reconnaissent en outre qu’étant donné la diversité des activités culturelles dans les États participants, il existe pour les gouvernements de nombreuses façons d’apporter efficacement des réponses aux problèmes relatifs au patrimoine culturel.

6. Les États participants rappellent leur respect de la liberté d’expression et, s’agissant de ses mani- festations dans le domaine artistique et culturel, déclarent ce qui suit :

158 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

6.1 La publication d’œuvres écrites, la représentation et la diffusion d’œuvres musicales, théâ- trales et audiovisuelles et l’exposition des œuvres de peintres ou de sculpteurs ne feront l’objet ni de restrictions ni d’ingérence de la part de l’État, à l’exception des restrictions qui sont prévues par la législation nationale et sont entièrement conformes aux normes internationales. 6.2 Les États participants se déclarent convaincus que l’existence, dans le domaine artistique et culturel, de toute une gamme de moyens de diffusion indépendants de l’État, tels que maisons d’édition, entreprises de radiodiffusion, de cinéma ou de télévision, théâtres et galeries, contribue à assurer le pluralisme et la liberté de l’expression artistique et culturelle.

7. Les États participants rappellent leurs engagements en faveur d’un accès sans entrave à la culture et conviennent de ce qui suit : 7.1 Dans le respect des droits à la propriété intellectuelle, toute personne ou organisation indépen- dante a le droit de posséder à titre privé, d’utiliser et de reproduire tous matériels culturels, tels que livres, publications et enregistrements audiovisuels, ainsi que les moyens de les reproduire.

Moscou 1991

(35) Les États participants réaffirment que la garantie de la liberté de la création artistique et la pré- servation du patrimoine culturel font partie de la dimension humaine de la CSCE. Ils considèrent que l’indépendance de la vie intellectuelle et culturelle est essentielle au maintien et au développement de sociétés libres et d’institutions démocratiques. Ils rempliront leurs engagements dans le domaine culturel, comme le prévoit le Document du Colloque de Cracovie sur le patrimoine culturel (…).

3.1.11 Liberté de mouvement, contacts humains et regroupement familial

Voir aussi II. 4.4 : Réfugiés, personnes déplacées, retour des migrants et apatrides 3 II. 4.5 : Travailleurs migrants

Helsinki 1975 (Coopération dans les domaines humanitaire et autres)

Les États participants,

Considérant le développement des contacts comme un élément important du renforcement des relations amicales et de la confiance entre les peuples, (…)

Se fixent comme objectif de faciliter, sur le plan individuel et collectif, tant privé qu’officiel, un mouvement et des contacts plus libres entre personnes, institutions et organisations des États par- ticipants, et de contribuer à la solution des problèmes d’intérêt humain qui se posent à cet égard,

Se déclarent prêts à ces fins à prendre les mesures qu’ils jugent appropriées et à conclure, selon les besoins, des accords ou des arrangements entre eux, et

Expriment leur intention, dès maintenant de procéder à l’application de ce qui suit :

159 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

(a) Contacts et rencontres régulières sur la base des liens de famille

Afin de favoriser la poursuite du développement des contacts sur la base des liens de famille, les États participants examineront favorablement les demandes de déplacement en vue de permettre l’entrée ou la sortie de leur territoire à titre temporaire, et de façon régulière si celle-ci est souhai- tée, aux personnes désireuses de faire visite à des membres de leurs familles.

Les demandes de déplacements temporaires en vue de rencontrer des membres de leur famille seront traitées sans distinction quant au pays d’origine ou de destination : les formalités requises pour la délivrance des documents de voyage et des visas seront appliquées dans cet esprit. L’éta- blissement et la délivrance de tels documents et visas auront lieu dans un délai raisonnable ; en cas de nécessité urgente – tels que maladie grave ou décès – ils seront traités en priorité. Ils prendront les mesures qui peuvent être nécessaires pour faire en sorte que les droits à verser pour obtenir les documents officiels de voyage et les visas soient acceptables.

Ils confirment que la présentation d’une demande concernant des contacts sur la base des liens de famille n’entraînera pas de modification des droits et obligations du requérant ou de membres de sa famille.

(b) Réunion des familles

Les États participants traiteront dans un esprit positif et humain les demandes présentées par les personnes qui désirent être réunies avec des membres de leur famille, en accordant une attention particulière aux requêtes d’un caractère urgent — telles que celles soumises par des personnes malades ou âgées.

Ils traiteront les demandes en ce domaine d’une manière aussi diligente que possible. Ils ramè- neront, là où cela est nécessaire, le montant des droits à verser en liaison avec ces demandes pour faire en sorte qu’il soit à un niveau raisonnable.

Les demandes aux fins de réunion des familles qui n’auront pas été agréées pourront être renou- velées au niveau approprié et elles seront réexaminées à des intervalles raisonnablement courts par les autorités du pays de résidence ou d’accueil en question ; dans ces circonstances, les droits ne seront perçus que lorsque les demandes auront été agréées.

Les personnes dont les demandes présentées au titre de la réunion des familles auront été agréées pourront emporter ou expédier leurs biens meubles, effets et objets personnels ; à cette fin, les États participants utiliseront toutes les possibilités offertes par les règlements en vigueur.

En attendant que les membres d’une mémé famille soient réunis, ils pourront se rencontrer et éta- blir entre eux des contacts conformément aux modalités prévues pour les contacts sur la base des liens de famille.

Les États participants appuieront les efforts déployés par les Sociétés de la Croix-Rouge et du Crois- sant-Rouge qui s’occupent des problèmes de la réunion des familles.

Ils confirment que la présentation d’une demande relative à la réunion d’une famille n’entraînera pas de modification des droits et obligations du requérant ou de membres de sa famille.

L’État participant d’accueil prendra les mesures appropriées en ce qui concerne l’emploi des per- sonnes provenant d’autres États participants qui viennent s’installer d’une manière permanente

160 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

dans cet État pour rejoindre des membres de leur famille ressortissants dudit État et veillera à ce que leur soient offertes les mêmes possibilités qu’à ses propres ressortissants dans les domaines de l’éducation, de l’assistance médicale et de la sécurité sociale.

Les États participants examineront favorablement et en se fondant sur des considérations huma- nitaires les demandes d’autorisation de sortie ou d’entrée présentées par des personnes qui ont décidé d’épouser un citoyen d’un autre État participant.

L’examen et la délivrance des documents nécessaires aux fins précitées ainsi qu’à la célébration du mariage s’effectueront en conformité avec les dispositions acceptées pour la réunion des familles.

Les États participants appliqueront également les dispositions acceptées pour la réunion des familles lorsqu’ils examineront les demandes présentées par des conjoints provenant d’États participants différents, afin de leur permettre, ainsi qu’aux enfants mineurs de leur mariage, de transférer leur résidence permanente dans un État où réside habituellement l’un d’entre eux.

(d) Déplacements pour raisons personnelles ou professionnelles

Les États participants entendent faciliter de plus larges déplacements de leurs ressortissants pour des raisons personnelles ou professionnelles, et à cette fin ils ont l’intention en particulier : • de simplifier progressivement et de faire appliquer avec souplesse les formalités de sortie et d’en- trée ; • d’assouplir les règlements relatifs aux déplacements des ressortissants des autres États partici- pants sur leur territoire, en tenant dûment compte des exigences de la sécurité.

Ils s’efforceront d’abaisser progressivement, là où nécessaire, le montant des droits à verser pour 3 les visas et les documents officiels de voyage.

Ils entendent examiner, le cas échéant, des moyens – y compris, dans la mesure où cela s’avère approprié, la conclusion de conventions consulaires multilatérales ou bilatérales ou l’adoption d’autres accords ou instruments pertinents en vue d’améliorer les arrangements relatifs aux ser- vices consulaires, y compris l’assistance juridique et consulaire.

Madrid 1983 (Coopération dans les domaines humanitaire et autres)

Les États participants accorderont un traitement favorable aux demandes relatives à des contacts et à des rencontres régulières sur la base des liens de famille, à la réunion des familles et aux mariages entre citoyens d’États différents et se prononceront sur ces demandes dans le même esprit.

Ils se prononceront sur les demandes de rencontres familiales ayant un caractère d’urgence d’une manière aussi diligente que possible ; sur celles relatives à la réunion des familles et aux mariages entre citoyens d’États différents dans un délai de six mois, en règle générale, et sur celles relatives aux autres rencontres familiales dans des délais qui seront progressivement réduits.

Ils confirment que la présentation ou le renouvellement de demandes relatives à de tels cas n’en- traînera pas de modification des droits et obligations du requérant ou des membres de sa famille notamment en matière d’emploi, de logement, de statut de résidence, de soutien familial, de droit

161 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

aux prestations sociales, économiques ou éducatives ou de tous autres droits et obligations décou- lant des lois et règlements de l’État participant concerné.

Les États participants fourniront les informations nécessaires sur les procédures à suivre par les requérants dans de tels cas ainsi que sur les règlements à observer et fourniront les formulaires appropriés aux requérants qui en feront la demande.

Ils abaisseront graduellement, là où cela est nécessaire, le montant des droits à verser au titre de ces demandes, y compris les frais de visas et de passeports, afin d’en ramener le montant à un niveau modéré par rapport au revenu mensuel moyen dans l’État participant considéré.

Le requérant sera informé d’une manière aussi diligente que possible de la décision qui aura été prise. En cas de refus, le requérant sera également informé de son droit à renouveler sa demande au terme d’un délai raisonnablement court.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(20) Les États participants respecteront pleinement le droit de chacun • de circuler librement et de choisir sa résidence à l’intérieur des frontières de chaque État, et • de quitter tout pays, y compris le sien, et de revenir dans son pays.

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

(1) En mettant en œuvre les dispositions de l’Acte final, du Document de clôture de Madrid et du présent document relatives aux contacts entre les personnes, ils respecteront pleinement les obli- gations qui leur incombent conformément au droit international, telles qu’elles sont mentionnées dans le sous-chapitre du présent document relatif aux principes, en particulier le respect de la liberté de chacun de quitter tout pays, y compris le sien, et de revenir dans son pays, ainsi que leurs engagements internationaux dans ce domaine.

(2) Ils veilleront à ce que leurs politiques concernant l’entrée sur leur territoire soient en parfait accord avec les objectifs définis dans les dispositions pertinentes de l’Acte final, du Document de clôture de Madrid et du présent document.

(3) Ils prendront les mesures nécessaires pour trouver dans un délai aussi bref que possible—mais en tout état de cause n’excédant pas six mois—des solutions à toutes les demandes fondées sur les dispositions de l’Acte final et du Document de clôture de Madrid relatives aux contacts entre les personnes, qui seront encore en suspens à la conclusion de la Réunion de Vienne tenue dans le cadre des Suites de la Conférence.

(4) Ils procéderont par la suite à des examens réguliers afin de garantir que toutes les demandes fon- dées sur les dispositions de l’Acte final et des autres documents de la CSCE susmentionnés relatives aux contacts entre les personnes, soient examinées d’une manière conforme aux dites dispositions.

(5) Ils se prononceront le plus rapidement possible, en règle générale dans un délai d’un mois, sur les demandes de rencontres familiales, conformément à l’Acte final et aux autres documents de la CSCE susmentionnés.

(6) Ils se prononceront de la même manière sur les demandes de réunion des familles ou de mariage entre citoyens d’États différents, en règle générale dans un délai de trois mois.

162 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

(7) Lorsqu’ils examineront favorablement des demandes de rencontres familiales, ils tiendront dûment compte des souhaits du requérant, en particulier en ce qui concerne les dates et la durée— suffisamment longue—prévues pour de telles rencontres, ainsi que la possibilité pour lui de s’y rendre accompagné de membres de sa famille.

(8) Lorsqu’ils examineront favorablement les demandes de rencontres familiales, ils autoriseront également les visites à des parents plus éloignés et les visites de ceux-ci.

(9) Lorsqu’ils examineront favorablement les demandes de réunion des familles ou de mariage entre citoyens d’États différents, ils respecteront les souhaits des requérants en ce qui concerne le pays de destination disposé à les accueillir.

(10) Ils porteront une attention particulière à la solution des problèmes concernant la réunion d’en- fants mineurs à leurs parents. A cet égard, en se fondant sur les dispositions pertinentes de l’Acte final et des autres documents de la CSCE susmentionnés, ils veilleront à ce que • les demandes en ce sens présentées pendant la minorité des enfants soient examinées favorable- ment et avec diligence de telle sorte que la réunion de la famille ait lieu sans retard ; et • des dispositions appropriées soient prises pour protéger les intérêts et le bien-être des enfants concernés.

(11) Ils examineront les possibilités de réduire progressivement et, par la suite, d’éliminer toute obligation qui pourrait exister pour les voyageurs d’acquérir en monnaie locale des sommes supé- rieures à leurs dépenses réelles, en donnant la priorité sur ce point aux personnes qui voyagent pour participer à une rencontre familiale. Ils leur accorderont la possibilité, dans la pratique, d’ap- porter ou d’emporter des objets personnels ou des cadeaux.

(12) Ils examineront sans délai les demandes d’autorisation de voyage pour des raisons humani- taires urgentes et les traiteront favorablement comme suit : 3 • Dans les cas de visites à un membre de la famille gravement malade ou mourant, de voyages pour assister aux obsèques d’un membre de la famille ou de voyages pour suivre un traitement médical, quand il est prouvé que le patient en a un besoin urgent ou établi qu’il est entré dans une phase critique ou terminale de sa maladie, ils se prononceront dans un délai de trois jours ouvrables. • Dans les cas de voyages de personnes gravement malades ou âgées ou d’autres voyages pour des raisons humanitaires urgentes, ils se prononceront aussi rapidement que possible. • Ils veilleront à ce que les autorités locales, régionales et centrales chargées d’appliquer les dis- positions susmentionnées intensifient leurs efforts et à ce que les droits perçus pour examiner ces demandes de façon prioritaire ne soient pas supérieurs aux coûts effectivement supportés.

(13) Lors de l’examen des demandes de voyage pour des rencontres familiales, pour la réunion de familles ou pour des mariages entre citoyens d’États différents, ils veilleront à ce qu’aucun acte ni aucune omission de membres de la famille du requérant ne lèse les droits de ce dernier, tels qu’ils sont énoncés dans les instruments internationaux pertinents.

(14) Ils veilleront à ce que tous les documents nécessaires pour les demandes fondées sur les dis- positions relatives aux contacts entre les personnes figurant dans l’Acte final et des autres docu- ments de la CSCE susmentionnés soient aisément accessibles au requérant. Ces documents resteront valables pendant toute la procédure d’examen de la demande. En cas de renouvellement de la demande, les documents déjà présentés par le requérant à l’occasion de demandes précédentes seront pris en considération.

163 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

(15) Ils simplifieront les procédures et réduiront progressivement le nombre des prescriptions admi- nistratives applicables aux demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés.

(16) Lorsque les demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés sont refusées pour des motifs prévus dans les instruments internationaux pertinents, ils veilleront à ce que le requérant reçoive promptement une notification officielle écrite des motifs de la décision de refus. En règle générale—et chaque fois qu’il le sollicitera—, le requérant sera informé de façon adéquate de la procédure à suivre pour introduire, par la voie administrative ou judiciaire, tout recours efficace dont il dispose en vertu des instruments internationaux susmentionnés. En cas de départ en vue d’un établissement permanent à l’étranger, ces informations seront communiquées avec la notifi- cation officielle prévue ci-dessus.

(17) Lorsque, dans ces circonstances, une demande de voyage à l’étranger présentée par une per- sonne aura été rejetée pour des raisons de sécurité nationale, ils veilleront à ce que, dans des délais strictement justifiés, toute restriction concernant le voyage de cette personne soit aussi brève que possible et qu’elle n’ait aucun caractère arbitraire. Ils veilleront également à ce que le requérant obtienne que le refus soit reconsidéré dans un délai de six mois, et ensuite, en cas de besoin, à inter- valles réguliers afin que toute modification des circonstances ayant entraîné le refus—comme, par exemple, le temps écoulé depuis que le requérant a exercé pour la dernière fois, à titre profes- sionnel ou pour des raisons de service, des activités relevant de la sécurité nationale—soit prise en considération. Avant que des personnes n’exercent de telles activités, on leur fera officiellement savoir si et en quoi cela peut influer sur la suite donnée aux demandes qu’elles pourraient présen- ter en vue de tels voyages.

(18) Ils publieront et rendront facilement accessibles dans l’année qui suivra la clôture de la Réu- nion de Vienne, si cela n’a pas déjà été fait, toutes les dispositions législatives et réglementaires rela- tives aux déplacements de personnes sur leur territoire et aux voyages entre États.

(19) Ils examineront favorablement les demandes fondées sur les dispositions relatives aux contacts entre les personnes figurant dans l’Acte final et les autres documents de la CSCE susmentionnés en veillant à ce que ces demandes soient traitées en temps voulu afin, entre autres, que des considé- rations familiales, personnelles ou professionnelles qui sont importantes pour le requérant puissent être dûment prises en considération.

(20) Ils examineront favorablement les demandes de voyage à l’étranger sans distinction aucune, notamment de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou de toute autre opinion, d’origine nationale ou sociale, de fortune, de naissance, d’âge ou de toute autre situation. Ils veilleront à ce qu’aucun refus n’influe sur la suite donnée aux demandes présentées par d’autres personnes.

(21) Ils faciliteront encore davantage les voyages individuels ou collectifs entrepris pour des raisons personnelles, professionnelles ou touristiques, tels que les voyages de délégations, de groupes ou de particuliers. A cet effet, ils réduiront au minimum le délai d’examen des demandes de voyage de ce type.

(22) Ils examineront avec une attention particulière les propositions visant à la conclusion d’ac- cords sur la délivrance de visas valables pour plusieurs entrées et la simplification réciproque des formalités de délivrance de visas. Ils examineront également les possibilités de supprimer sur une base de réciprocité, à la suite d’accords conclus entre eux, l’obligation des visas d’entrée.

164 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

(23) Ils examineront la possibilité d’adhérer aux instruments multilatéraux pertinents et, s’il y a lieu, de conclure des accords bilatéraux, complémentaires ou autres, afin d’améliorer les dispositions destinées à assurer une assistance consulaire, juridique et médicale efficace aux citoyens d’autres États participants séjournant sur leur territoire à titre temporaire.

(24) Ils prendront toute mesure nécessaire pour que, si ce n’est pas déjà le cas, les citoyens d’autres États participants séjournant à titre temporaire sur leur territoire pour des raisons d’ordre person- nel ou professionnel, entre autres pour participer à des activités culturelles, scientifiques et éduca- tives, bénéficient d’une sécurité personnelle convenable. (…)

(31) Ils veilleront à ce que les personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire aient un statut égal à celui des autres citoyens conformément aux dis- positions relatives aux contacts entre les personnes de l’Acte final et des autres documents de la CSCE susmentionnés, et à ce qu’elles puissent établir et maintenir de tels contacts par des voyages et d’autres moyens de communication, y compris des contacts avec des citoyens d’autres États qui ont une origine nationale ou un patrimoine culturel communs.

Copenhague 1990

(9) Les États participants réaffirment que (…) 3 (9.5) – ils respectent le droit de toute personne de quitter tout pays, y compris le sien, et de reve- nir dans son pays, conformément aux obligations internationales de l’État et aux engagements contractés au titre de la CSCE. Les restrictions apportées à ce droit auront un caractère tout à fait exceptionnel et ne seront jugées nécessaires que si elles répondent à un besoin public spécifique, visent un objectif légitime et sont proportionnées à cet objectif et s’il n’en est pas fait un usage abusif ou arbitraire ; (…) (10.4) – à permettre aux membres de ces groupes et organisations d’avoir librement accès à des organismes similaires, à l’intérieur et hors des frontières de leur pays, ainsi qu’à des organisations internationales et de communiquer avec ceux-ci, de procéder à des échanges, de nouer des contacts et de coopérer avec ces groupements et organisations (…).

(19) États participants affirment qu’une plus grande liberté de mouvement et de contacts entre les citoyens est importante dans le contexte de la protection et de la promotion des droits de l’homme et des libertés fondamentales. Ils veilleront à ce que leurs politiques concernant l’entrée sur leur territoire soient parfaitement compatibles avec les objectifs fixés dans les dispositions pertinentes de l’Acte final et des Documents de clôture de la Réunion de Madrid et de la Réunion de Vienne. Tout en réaffirmant leur détermination à ne pas revenir sur les engagements qui figurent dans les documents de la CSCE, ils s’engagent à appliquer intégralement et à améliorer les procédures actuelles dans le domaine des contacts entre les personnes, y compris sur une base bilatérale et mul- tilatérale. Dans ce contexte, ils

165 3.1.11 Liberté de mouvement, contacts humains et regroupement familial

(19.1) – ils s’efforceront d’appliquer les procédures d’entrée sur leur territoire, y compris en ce qui concerne la délivrance des visas ainsi que le contrôle des passeports et le contrôle douanier, de bonne foi et sans retard injustifié. Si besoin est, ils raccourciront le délai d’attente pour les déci- sions concernant les visas et ils simplifieront les pratiques et réduiront les formalités administra- tives des demandes de visa ; (19.2) – ils veilleront, en examinant les demandes de visa, à ce que celles-ci soient traitées avec diligence afin, entre autres, que des considérations familiales, personnelles ou professionnelles importantes puissent être dûment prises en considération, surtout dans les cas urgents à carac- tère humanitaire ; (19.3) – ils s’efforceront, si nécessaire, d’abaisser les droits afférents à la délivrance des visas pour les ramener au niveau le plus bas possible.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Conformément aux engagements que nous avons pris dans le cadre de la CSCE, nous soulignons que la liberté de circulation et de contacts entre nos citoyens, ainsi que la libre circulation de l’in- formation et des idées, sont essentielles à la pérennité et au développement de sociétés libres et de cultures florissantes. (...)

Moscou 1991

(33) Les États participants supprimeront toutes les restrictions légales et autres à la circulation sur leur territoire de leurs ressortissants et des étrangers, et à la résidence des personnes autorisées à résider en permanence, sous réserve des restrictions nécessaires, lesquelles devront être officiel- lement annoncées et motivées par des considérations d’ordre écologique, militaire ou de sécurité ou par d’autres intérêts nationaux légitimes, conformément à leur législation nationale, aux enga- gements souscrits dans le cadre de la CSCE et aux obligations internationales relatives aux droits de l’homme. Les États participants s’engagent à faire en sorte que ces restrictions soient réduites au minimum.

Budapest 1994 (Décisions : VIII. La dimension humaine

40. Ils encourageront les autorités administratives qui s’occupent de citoyens d’autres États à appli- quer intégralement les engagements de la CSCE concernant les voyages et s’abstiendront d’infliger des traitements dégradants et autres outrages contre la dignité de la personne.

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

2. Les États participants de l’OSCE réaffirment les obligations et les engagements ayant trait aux questions relatives aux frontières qu’ils ont pris à tous les niveaux : 2.1 A l’échelle mondiale : S’agissant des questions de sécurité et de gestion des frontières, les États participants réaffirment leurs engagements en vertu du droit international, en particulier des ins- truments internationaux relatifs aux droits de l’homme, au droit des réfugiés et au droit huma- nitaire, et peuvent prendre en considération également les normes et recommandations énoncées par l’Organisation mondiale des douanes, l’Organisation internationale pour les migrations, l’Or- ganisation internationale du travail, le Haut Commissariat des Nations Unies pour les réfugiés et d’autres organisations internationales pertinentes ;

166 3.1.12 Respect de la vie privée et de la vie de famille

(…)

4. Les États participants s’emploieront à promouvoir la coopération entre leurs services des fron- tières, autorités douanières, organismes émettant les documents de voyage et les visas, et ceux chargés de l’application de la loi et des questions de migration, ainsi qu’avec d’autres structures nationales compétentes, dans le but d’atteindre les objectifs suivants : 4.1 Promouvoir la libre circulation et la sécurité des personnes (...) à travers les frontières, en confor- mité avec les cadres juridiques pertinents, le droit international et les engagements de l’OSCE, notamment en renforçant la sécurité des documents de voyage et en favorisant, le cas échéant, les circonstances qui permettraient la libéralisation des régimes de visas, dans l’esprit des engage- ments énoncés dans les documents susmentionnés ; (…) 4.5 Promouvoir un traitement digne pour toutes les personnes désireuses de traverser des fron- tières, en conformité avec les cadres légaux nationaux pertinents, le droit international, notam- ment les instruments relatifs aux droits de l’homme, au droit des réfugiés et au droit humanitaire, et les engagements pertinents de l’OSCE ;

Hambourg 2016 (Décision n° 4/16 sur le renforcement de la bonne gouvernance et la promotion de la connectivité) (…)

Promouvoir la libre circulation et la sécurité des personnes, des biens, des services et des investis- sements à travers les frontières, en conformité avec les cadres juridiques pertinents, le droit inter- national et les engagements de l’OSCE, (…) 3 3.1.12 Respect de la vie privée et de la vie de famille

Voir aussi II. 3.1.11 : Liberté de mouvement, contacts humains et regroupement familial

Moscou 1991

(24) Les États participants confirment à nouveau le droit à la protection de la vie privée et fami- liale, du domicile, de la correspondance et des communications électroniques. Afin d’éviter toute ingérence abusive ou arbitraire de l’État dans la sphère personnelle de l’individu, qui serait préju- diciable à toute société démocratique, l’exercice de ce droit ne pourra faire l’objet de restrictions que si ces restrictions sont prévues par la loi et compatibles avec les normes internationales com- munément admises en matière de droits de l’homme. Les États participants assureront en particu- lier que les fouilles de personnes, les perquisitions de locaux et les saisies de biens privés ne soient opérées que conformément aux normes susceptibles d’un contrôle judiciaire.

167 3.1.13 Droit à la nationalité

3.1.13 Droit à la nationalité

Voir aussi II. 4.4 : Réfugiés, personnes déplacées, retour des migrants et apatrides

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants,

(55) Reconnaissent que tout individu a droit à une nationalité et que nul ne peut être privé de sa nationalité arbitrairement ;

(56) Ils soulignent que tous les aspects de la nationalité seront traités dans le respect de la légalité. Ils prendront, le cas échéant, des mesures compatibles avec leur système constitutionnel pour ne pas augmenter le nombre des cas d’apatridie ;

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

19. (…) Nous réaffirmons que nous reconnaissons que tout individu a droit à une nationalité et que personne ne devrait être privée arbitrairement de sa nationalité. Nous nous engageons à poursuivre nos efforts pour garantir que tout le monde puisse exercer ce droit. Nous nous engageons aussi à contribuer à assurer la protection internationale des personnes apatrides.

3.1.14 Droit de propriété

Bonn 1990

(…) les États participants, s’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…) • La reconnaissance et la protection intégrales de tous les types de propriété, y compris la pro- priété privée, et du droit des citoyens à les posséder et à les utiliser, ainsi que des droits de pro- priété intellectuelle ; • Le droit au versement rapide d’une indemnité compensatoire équitable dans le cas où un bien privé est retiré à son propriétaire en vue d’une utilisation publique ; (…)

Copenhague 1990

(9) Les États participants réaffirment que (…) (9.6) – toute personne a le droit de jouir en paix de sa propriété, à titre individuel ou en association avec d’autres. Nul ne peut être privé de sa propriété que pour cause d’utilité publique, et sous réserve des conditions prévues par la loi et conformément aux obligations et engagements internationaux.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que, sans discrimination, tout individu a le droit (...) : de posséder un bien seul ou en association et de mener des entreprises individuelles, (...)

168 3.2 Droits économiques, sociaux et culturels

3.2 Droits économiques, sociaux et culturels

3.2.1 Dispositions générales

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principes VII-IX)

[Les États participants] favorisent et encouragent l’exercice effectif des libertés et droits civils, poli- tiques, économiques, sociaux, culturels et autres qui découlent tous de la dignité inhérente à la per- sonne humaine et qui sont essentiels à son épanouissement libre et intégral. (…)

Ils s’efforcent également, en développant leur coopération, d’améliorer le bien-être des peuples et de contribuer à la satisfaction de leurs aspirations grâce, entre autres, aux avantages résultant d’une connaissance mutuelle accrue et des progrès et réalisations dans les domaines d’ordre éco- nomique, scientifique, technologique, social, culturel et humanitaire. Ils prennent des mesures propres à créer des conditions permettant de rendre ces avantages accessibles à tous ; ils prennent en considération l’intérêt de tous dans la réduction des différences entre les niveaux de dévelop- pement économique, et notamment l’intérêt des pays en voie de développement du monde entier.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

[Les États participants] se déclarent résolus à développer leurs lois et règlements dans le domaine des droits (…) économiques, sociaux, culturels et des autres droits de l’homme et des libertés fon- damentales ; ils soulignent également leur détermination d’assurer l’exercice effectif de ces droits et libertés. 3 Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(12) (…) Ils reconnaissent que les libertés et droits (…) économiques, sociaux, culturels et autres, sont tous d’une importance capitale et doivent être pleinement mis en œuvre par tous les moyens appropriés.

(13) A cet égard, (13.1) – ils développeront leurs lois, règlements et politiques concernant les droits (...) économiques, sociaux, culturels et les autres droits de l’homme et libertés fondamentales, et les appliqueront de manière à assurer l’exercice effectif de ces droits et libertés ; (13.2) – ils envisageront d’adhérer (...) [au] Pacte international relatif aux droits économiques, sociaux et culturels, (...) et autres instruments internationaux pertinents ; (…)

(14) Les États participants reconnaissent que la promotion des droits économiques, sociaux et cultu- rels, ainsi que celle des droits civils et politiques, est d’une importance capitale pour la dignité humaine et pour l’aboutissement des aspirations légitimes de chacun.

Ils continueront donc leurs efforts en vue d’assurer progressivement le plein exercice des droits éco- nomiques, sociaux et culturels par tous les moyens appropriés, y compris en particulier par l’adop- tion de mesures législatives. A cet égard, ils accorderont une attention particulière aux problèmes

169 3.2.2 Droits économiques et sociaux

de l’emploi, du logement, de la sécurité sociale, de la santé, de l’éducation et de la culture. Ils favo- riseront un progrès constant dans l’exercice de tous les droits et de toutes les libertés à l’intérieur de leurs frontières, ainsi que dans le développement des relations qu’ils entretiennent entre eux et avec d’autres États de façon que tout un chacun jouisse effectivement et pleinement de ses droits économiques, sociaux et culturels, ainsi que de ses droits civils et politiques.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que, sans discrimination, tout individu a le droit (...) :

de jouir de ses droits économiques, sociaux et culturels.

3.2.2 Droits économiques et sociaux

A. Dispositions générales

Bonn 1990

[Les États participants] s’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…) • Des politiques qui favorisent la justice sociale et améliorant les conditions de vie de travail ; (…)

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

La liberté économique, la justice sociale et une attitude responsable à l’égard de l’environnement sont indispensables à la prospérité.

Le libre arbitre individuel, exercé en démocratie et protégé par l’État de droit, constitue la condi- tion nécessaire d’un développement économique et social fructueux. Nous favoriserons l’activité économique qui respecte et soutient la dignité humaine.

La liberté et le pluralisme politique doivent être pris en compte dans la poursuite de notre objec- tif commun, qui est de développer les économies de marché en vue d’une croissance économique durable, de la prospérité, de la justice sociale, du développement de l’emploi et de l’utilisation ration- nelle des ressources économiques. Il est important et conforme à notre intérêt à tous que le pas- sage à l’économie de marché réussisse dans les pays qui font des efforts en ce sens. Cette réussite nous permettra de partager les fruits d’un accroissement de la prospérité auquel nous aspirons tous ensemble. Nous coopérerons pour atteindre ce but.

Istanbul 1999 (Charte de sécurité européenne : II. Nos défis communs)

5. De graves problèmes économiques et la dégradation de l’environnement peuvent aussi avoir de sérieuses conséquences pour notre sécurité. (…) Nous réagirons plus vigoureusement à ces menaces en poursuivant les réformes économiques et environnementales, en offrant un cadre stable et transparent à l’activité économique et en encourageant l’économie de marché tout en accordant l’attention voulue aux droits économiques et sociaux.

170 3.2.2 Droits économiques et sociaux

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

14. Les disparités économiques et sociales de plus en plus grandes, l’absence de primauté du droit, une gouvernance déficiente dans les secteurs public et privé, la corruption, la pauvreté très répan- due et le chômage élevé sont parmi les facteurs économiques qui menacent la stabilité et la sécurité. Ils peuvent fournir un terrain favorable à d’autres menaces majeures. La dégradation de l’envi- ronnement, l’utilisation non viable des ressources naturelles, la mauvaise gestion des déchets et la pollution affectent les systèmes écologiques et ont un impact négatif considérable sur la santé, la prospérité, la stabilité et la sécurité des États. Les catastrophes écologiques peuvent également avoir de telles conséquences. Les problèmes de gouvernance associés à ces facteurs ont un effet déstabilisant direct et réduisent en même temps la capacité d’assurer un développement écono- mique et social durable ainsi qu’à faire face efficacement aux défis économiques et environnemen- taux et aux menaces pour la sécurité et la stabilité.

Maastricht 2003 (Document sur la stratégie de l’OSCE Concernant la dimension économique et environnementale)

2.2 Renforcer la bonne gouvernance

Conditions sociales

2.2.13 Une bonne gouvernance et un développement durable supposent des politiques et des sys- tèmes qui favorisent le partenariat social et la cohésion sociale. Nous nous emploierons à améliorer l’accès de tous aux prestations sociales de base, telles que des soins de santé d’un coût abordable, les retraites et l’éducation, à assurer un niveau adéquat de protection aux groupes socialement vul- nérables, et à prévenir l’exclusion sociale. 2.2.14 Nous sommes résolus à prendre des mesures pour améliorer les conditions sociales, notam- 3 ment en identifiant et en ciblant les groupes vulnérables de la société, en mettant en place des sys- tèmes de protection adéquats et efficaces, en renforçant les services de santé, en créant de nouveaux emplois et en mettant en œuvre des programmes de réinsertion. (…)

2.3 Assurer un développement durable

2.3.3 Nous appuyons les efforts déployés par les États participants pour mettre en œuvre des poli- tiques de réduction de la pauvreté et de développement durable, notamment les programmes nationaux de réduction de la pauvreté dans les pays ayant des économies en transition. Nous encou- ragerons les organisations et institutions internationales disposant du savoir-faire et des ressources appropriés à fournir les conseils et l’assistance nécessaires.

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

171 3.2.2 Droits économiques et sociaux

4.6 Créer des conditions favorables au développement social et économique dans les territoires frontaliers, ainsi qu’à la prospérité et à l’épanouissement culturel des personnes appartenant à l’en- semble des communautés résidant dans des zones frontalières, avec accès à toutes les opportunités ;

B. Droits des travailleurs

Voir aussi II. 4.5 : Travailleurs migrants

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Bonn 1990 (Préambule)

(…) les États participants,

Reconnaissant le lien qui existe entre le pluralisme politique et les économies de marché et ayant souscrit aux principes concernant : (…) • Une activité économique qui soutienne en conséquence la dignité humaine, qui exclue le travail forcé et la discrimination à l’encontre des travailleurs pour des raisons de race, de sexe, de langue, d’opinion politique ou de religion, et qui ne dénie pas aux travailleurs le droit de créer librement des syndicats indépendants ou d’y adhérer,

S’efforceront d’atteindre ou de poursuivre les objectifs suivants : (…)

Copenhague 1990

(9) Les États participants réaffirment que (…) (9.3) – le droit d’association est garanti. Est garanti également le droit de former un syndicat et d’y adhérer librement, sous réserve du droit général dont jouit tout syndicat de déterminer ses propres conditions d’adhésion. Ces droits excluent tout contrôle préalable. La liberté d’association des tra- vailleurs, y compris le droit de grève, est garantie, sous réserve des limites prévues par la loi et com- patibles avec les normes internationales communément admises ;

Vilnius 2011 (Déclaration sur la lutte contre toutes les formes de traite des êtres humains)

14. Nous sommes conscients que pour prévenir la traite des êtres humains à des fins d’exploitation par le travail, les droits des travailleurs doivent être respectés. Nous recommandons d’élaborer et de mettre en œuvre des mesures destinées à améliorer les pratiques en matière d’emploi et à favoriser le respect effectif des droits internationalement reconnus des travailleurs, par des moyens tels que

172 3.2.2 Droits économiques et sociaux

les inspections du travail, la surveillance des agences d’emploi privées et la mise en place d’autres programmes de soutien aux travailleurs dans l’exercice de leurs droits.

15. Nous encourageons les États participants à œuvrer avec le secteur des entreprises à l’applica- tion des principes de diligence raisonnable et de transparence pour évaluer et traiter les risques d’exploitation tout au long des chaînes d’approvisionnement et veiller à ce que les travailleurs aient accès à des mécanismes de recours et de réparation en cas de pratiques abusives. Nous encoura- geons la diffusion et la mise en œuvre des Principes directeurs relatifs aux entreprises et aux droits de l’homme adoptés récemment par l’ONU. Nous engageons également les gouvernements à envi- sager d’adopter des normes similaires, notamment des politiques de « tolérance zéro », pour la pas- sation des marchés publics de biens et de services.

Hambourg 2016 (Décision n° 4/16 sur le renforcement de la bonne gouvernance et la promotion de la connectivité) (…)

Renforcement de la bonne gouvernance grâce au respect des normes du travail, sociales et envi- ronnementales

15. Encourage les États participants à faciliter un transport et des échanges sûrs tout en prévenant le trafic illicite, conformément aux dispositions pertinentes du droit international et des accords auxquels les États participants de l’OSCE sont parties, et à intensifier les efforts visant à remédier à des problèmes comme l’exploitation par le travail et les chantiers mal réglementés et inspectés ;

16. Invite les États participants à s’efforcer de mieux appliquer les normes du travail, sociales et environnementales internationalement reconnues dans le cadre de l’ONU, de l’OIT et, le cas échéant, de l’OCDE ; 3 17. Encourage les États participants à promouvoir, en coopération avec le secteur privé, des modes de consommation et de production durables, fondés sur les normes du travail, sociales et environ- nementales internationalement reconnues ;

173 3.2.3 Droits culturels/héritage culturel

3.2.3 Droits culturels/héritage culturel

Voir aussi II. 3.1.10 C : Liberté d’expression culturelle ou artistique II. 4.1 : Minorités nationales II. 4.2 : Roms et Sentis II. 5.3.5 : Promouvoir la tolérance, la compréhension et le respect, y compris la mémoire

Cracovie 1991 (Préambule)

[Les États participants] prennent note de l’interdépendance qui existe entre la vie culturelle et le bien-être des peuples et de l’importance particulière qu’elle représente pour des pays démocra- tiques évoluant vers une économie de marché. Ils encouragent l’appui tel qu’il est déjà apporté à ces pays et l’aide qu’ils reçoivent actuellement pour préserver et protéger leur patrimoine culturel. (…)

La diversité culturelle régionale est un reflet de la richesse de l’identité culturelle commune des États participants. Sa préservation et sa protection contribuent à édifier une Europe démocra- tique, pacifique et unie. (…)

II. Culture et patrimoine

10. Les États participants se déclarent profondément convaincus que le patrimoine culturel de cha- cun d’eux constitue une part inaliénable de leur civilisation, de leur mémoire et de leur histoire commune, qui doit être transmise aux générations futures.

11. Les États participants prennent note des définitions des biens archéologiques, du patrimoine culturel et du patrimoine architectural énoncées dans les documents internationaux pertinents du Conseil de l’Europe et de l’UNESCO.

12. Une documentation complète et durable sur les sites, structures, paysages culturels, objets et systèmes culturels, y compris les monuments historiques religieux et culturels, tels qu’ils existent actuellement, est un des éléments les plus importants du patrimoine culturel qui puisse être légué aux générations futures.

13. Les États participants reconnaissent en outre comme étant un élément essentiel de leur patri- moine culturel commun le patrimoine constitué par les cultures qui, en raison de la barrière des langues, du climat et des distances géographiques, d’une population limitée ou de circonstances historiques et politiques, n’ont pas été largement accessibles.

14. Les États participants s’efforceront de protéger le patrimoine culturel, conformément aux accords internationaux pertinents et à leur législation nationale.

15. Les États participants tiendront compte des problèmes de préservation, de mise en valeur et de restauration du patrimoine culturel au moment de l’élaboration de leurs politiques de la culture, de l’environnement et de la planification régionale et urbaine. Ils notent en outre qu’il est impor- tant de lier chaque projet de préservation à son environnement urbain ou rural authentique, chaque fois que cela est opportun et possible.

174 3.2.3 Droits culturels/héritage culturel

16. Les États participants reconnaissent qu’ils doivent rendre leur patrimoine culturel aussi lar- gement accessible que possible. Ce faisant, ils accorderont une attention particulière aux besoins des personnes handicapées. 16.1 Ils s’efforceront de protéger le patrimoine contre les dommages que sa gestion et l’accès du public pourraient lui faire subir. 16.2 Ils veilleront à mieux sensibiliser le public à la valeur du patrimoine et à la nécessité de le protéger. 16.3 Ils s’efforceront, dans tous les cas où cela sera possible, de faciliter l’accès des chercheurs et des spécialistes aux documents primaires et aux pièces d’archives.

17. Les États participants prennent note avec satisfaction du rôle joué par les associations non gouvernementales dans la prise de conscience de ce que représente le patrimoine et de la néces- sité de le protéger.

18. Aux échelons local, régional et national, les associations entre divers groupes venant des sec- teurs public et privé sont d’une grande utilité pour assurer une préservation efficace et représenta- tive du patrimoine culturel. La préservation et l’explication des valeurs et du patrimoine culturel de divers groupes seront facilitées par la participation de ces groupes, ce qui donnera un résultat d’une importance primordiale, la tolérance et le respect envers les différentes cultures.

19. Les États participants reconnaissent qu’il est utile et important d’échanger des renseignements sur la préservation du patrimoine culturel et que l’utilisation de banques de données, sur le plan national et multilatéral, pourrait apporter une précieuse contribution à cette activité.

Moscou 1991

(35) Les États participants réaffirment que la garantie de la liberté de la création artistique et la pré- 3 servation du patrimoine culturel font partie de la dimension humaine de la CSCE. Ils considèrent que l’indépendance de la vie intellectuelle et culturelle est essentielle au maintien et au développement de sociétés libres et d’institutions démocratiques. Ils rempliront leurs engagements dans le domaine culturel, comme le prévoit le Document du Colloque de Cracovie sur le patrimoine culturel (…).

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

175 3.2.4 Droit à l’éducation

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

Condamnant vigoureusement la destruction de sites du patrimoine culturel et de sites religieux, notamment la destruction ciblée de sites du patrimoine culturel de l’UNESCO, par des terroristes, des combattants terroristes étrangers associés à l’EIIL et d’autres groupes terroristes, (…)

3.2.4 Droit à l’éducation

Voir aussi Vol. 2 : Helsinki 1975 (Coopération dans les domaines humanitaires et autres > 4. Coopération et échanges dans le domaine de l’éducation) Vol. 2 : Madrid 1983 (Coopération dans les domaines humanitaires et autres > Coopération et échanges dans le domaine de l’éducation) Vol. 2 : Vienne 1989 (Coopération dans les domaines humanitaires et autres > Coopération et échanges dans le domaine de l’éducation)

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

[Les États participants] garantiront à tous, sans distinction de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou autre, d’origine nationale ou sociale, de fortune, de naissance ou de toute autre situation, l’accès aux différents types et niveaux d’éducation.

Copenhague 1990

Dans l’enseignement de l’histoire et de la culture dans les établissements éducatifs, ils tiendront également compte de l’histoire et de la culture des minorités nationales.

Milan 2018 (Décision N° 5/18 sur la valorisation du capital humain à l’ère numérique)

Le Conseil ministériel (...),

Rappelant les engagements relatifs à la valorisation du capital humain (...)

(...) et conscient que les investissements dans le capital humain et la promotion du savoir et des compétences favorisent la participation économique, l’inclusion sociale et une croissance durable qui sont interdépendantes et contribuent à la prospérité, à la confiance, à la stabilité, à la sécurité et à la coopération dans l’espace de l’OSCE,

Tenant compte des incidences émergentes et en rapide évolution de la transformation numérique, qui conduit au progrès et à la prospérité, mais aussi à l’apparition de menaces et de défis poten- tiels nouveaux ou accrus,

176 3.2.4 Droit à l’éducation

Conscient que les changements provoqués par la transformation numérique sur les marchés du travail risquent d’élargir les disparités sociales et économiques et qu’il est nécessaire de mettre davantage l’accent sur la valorisation du capital humain, en particulier, pour les femmes, les jeunes et les personnes handicapées, tout spécialement dans les secteurs économiques à forte intensité de main-d’œuvre peu qualifiée,

Sachant que la valorisation du capital humain, y compris dans le contexte numérique, grâce à l’im- pact positif qu’elle a sur une main-d’œuvre informée et qualifiée, le développement durable, les emplois et la création de richesse, peut aider positivement à rendre les économies et les sociétés plus résilientes à la corruption,

Déterminé à promouvoir l’apprentissage tout au long de la vie ainsi que la formation professionnelle et technique pendant toute la durée de la vie active en tant qu’outils essentiels de valorisation du capital humain et de réduction des fractures numériques existantes, en particulier pour les femmes et les filles dans les domaines de la science, de la technologie, de l’ingénierie et des mathématiques,

Sachant que des opportunités et des défis sont associés aux nouvelles formes d’emploi découlant de la transformation numérique de l’économie et que si les changements sur le marché du travail peuvent favoriser la croissance économique et la création d’emplois, certains des défis peuvent avoir un impact sur la stabilité de l’emploi et de la société, (…)

Reconnaissant, dans le contexte de la numérisation de l’économie, la nécessité de renforcer la rési- lience de la main-d’œuvre et d’adapter les cadres de politique relatifs au marché du travail en vue de promouvoir : la création d’emplois dans le plein respect de la dignité humaine et des droits de l’homme ; une croissance économique durable et inclusive ; et l’égalité des chances en ce qui concerne la participation des femmes et des hommes au marché du travail, 3 Conscient que la valorisation du capital humain peut contribuer à la mise en œuvre du Programme de développement durable des Nations Unies à l’horizon 2030,

1. Encourage les États participants à soutenir la valorisation du capital humain de manière à gérer la transition vers des économies de plus en plus automatisées et numérisées, y compris à travers des partenariats public-privé et une collaboration multipartite ;

2. Encourage les États participants à promouvoir l’apprentissage tout au long de la vie, commençant au stade de l’éducation précoce et se poursuivant pendant toute la durée de la vie active, en tant que pierre angulaire de la gestion de cette transition ;

3. Demande aux États participants de promouvoir l’accès à des possibilités d’éducation, de formation, de perfectionnement et de recyclage de qualité afin d’améliorer l’employabilité – en favorisant un accès non discriminatoire des femmes, des jeunes et des personnes handicapées et en accordant une attention particulière à ceux qui travaillent dans des industries à forte intensité de main-d’œuvre ;

4. Encourage les États participants, en tant que de besoin, à promouvoir l’éducation, la formation professionnelle et la reconversion, en particulier pour les femmes et les filles, tout spécialement dans les domaines de la science de la technologie, de l’ingénierie et des mathématiques, en tant que mesure clé pour réduire les fractures numériques et promouvoir l’autonomisation des femmes en favorisant les opportunités, y compris dans l’économie ;

177 3.2.4 Droit à l’éducation

5. Invite les États participants à renforcer les cadres de politique et institutionnels en vue de faci- liter les modèles commerciaux innovants et un climat d’investissement positif et de promouvoir la création d’emplois et une croissance économique durable et inclusive ;

6. Encourage les États participants à mobiliser le secteur privé, la société civile, les syndicats, les milieux universitaires et d’autres parties prenantes concernées pour recenser et satisfaire les besoins en matière de valorisation du capital humain et collaborer à l’élaboration et à la mise en œuvre des politiques et règlements pertinents ;

7. Demande aux États participants d’examiner plus avant les opportunités et les défis associés aux nouvelles formes d’emploi découlant de la transformation numérique de l’économie, également en vue d’assurer une protection sociale Demande aux États participants de poursuivre l’examen des opportunités et des défis associés aux nouvelles formes d’emploi résultant de la transformation numérique de l’économie, en vue également d’assurer une protection sociale adéquate ;

8. Encourage les États participants à promouvoir les efforts de lutte contre la corruption dans les secteurs de l’éducation et de la formation, ainsi qu’un accès ouvert, égal et sans corruption à l’édu- cation, aux compétences numériques et aux possibilités de formation ;

9. Encourage les États participants à tirer parti de l’OSCE pour favoriser l’échange des meilleures pratiques et promouvoir les initiatives de renforcement des capacités en conformité avec les dis- positions de la présente décision ;

10. Encourage les États participants à accroître la coopération en matière de valorisation du capital humain, y compris avec les organisations internationales compétentes, dans des domaines comme la facilitation et l’élargissement de l’accès aux établissements d’enseignement, de recherche et de formation, en accordant une attention particulière à la promotion des compétences numériques ;

11. Charge les structures exécutives pertinentes de l’OSCE, y compris les opérations de terrain, dans la limite de leur mandat et des ressources disponibles, d’aider les États participants, sur leur demande, à mettre en œuvre les dispositions de la présente décision ;

12. Encourage les partenaires de l’OSCE pour la coopération à mettre en œuvre volontairement les dispositions de la présente décision.

178 4. Engagements relatifs aux droits de l’homme se focalisant sur des groupes spécifiques 4.1 Minorités nationales

4.1 Minorités nationales

Voir aussi I. 2.3.4 B : Haut-Commissaire pour les minorités nationales II. 4.2 : Roms et Sentis II. 5 : Engagements relatifs à l’égalité, à la tolérance et à la non-discrimination

4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VII)

Les États participants sur le territoire desquels existent des minorités nationales respectent le droit des personnes appartenant à ces minorités à l’égalité devant la loi, leur donnent l’entière possibi- lité de jouir effectivement des droits de l’homme et des libertés fondamentales et, de cette manière, protègent leurs intérêts légitimes dans ce domaine.

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

[Les États participants] confirment qu’il importe de réaliser des progrès constants pour garantir le respect et la jouissance effective des droits des personnes appartenant à des minorités nationales ainsi que de protéger leurs intérêts légitimes, conformément à l’Acte final.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(18) Les États participants feront des efforts soutenus pour mettre en œuvre les dispositions de l’Acte final et du Document de clôture de Madrid relatives aux minorités nationales. Ils prendront toutes les mesures nécessaires sur les plans législatif, administratif, judiciaire et autres, et appliqueront les instruments internationaux pertinents par lesquels ils peuvent être liés, pour assurer la pro- tection des droits de l’homme et des libertés fondamentales en faveur des personnes appartenant à des minorités nationales sur leur territoire. Ils s’abstiendront de toute discrimination à l’encontre de ces personnes et favoriseront leurs intérêts et aspirations légitimes dans le domaine des droits de l’homme et des libertés fondamentales.

Copenhague 1990

(30) Les États participants reconnaissent que les questions relatives aux minorités nationales ne peuvent être résolues de manière satisfaisante que dans un cadre politique démocratique se fon- dant sur l’État de droit, avec un système judiciaire indépendant efficace. Ce cadre garantit le res- pect total des droits de l’homme et des libertés fondamentales, l’égalité des droits et des conditions entre tous les citoyens, la libre expression de tous leurs intérêts et aspirations légitimes, l’applica- tion de règles juridiques permettant un contrôle efficace des abus de pouvoir exercés par le gou- vernement, le pluralisme politique et la tolérance sociale. (…)

180 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Ils réaffirment aussi que le respect des droits des personnes appartenant à des minorités nationales, considérés comme des droits de l’homme reconnus universellement, est un facteur essentiel de la paix, de la justice, de la stabilité et de la démocratie dans les États participants.

Les États participants adopteront, s’il y a lieu, des mesures particulières ayant pour but de garan- tir aux personnes appartenant à des minorités nationales la pleine égalité avec les autres citoyens dans l’exercice et la jouissance des droits de l’homme et des libertés fondamentales.

(32) L’appartenance à une minorité nationale est une question relevant d’un choix personnel, et aucun désavantage ne peut résulter d’un tel choix. (…)

Les personnes appartenant à des minorités nationales peuvent, individuellement ainsi qu’en com- mun avec d’autres membres de leur groupe, exercer leurs droits et en jouir. L’exercice ou le non-exer- cice de ces droits ne peut entraîner un désavantage pour une personne appartenant à une minorité nationale. (…)

(35) Les États participants respecteront le droit des personnes appartenant à des minorités natio- nales de participer effectivement aux affaires publiques, notamment aux affaires concernant la pro- tection et la promotion de l’identité de telles minorités. (…)

(36) Les États participants reconnaissent l’importance particulière que revêt le renforcement d’une coopération constructive entre eux en ce qui concerne les questions relatives aux minorités nationales. Une telle coopération a pour but d’encourager une compréhension et une confiance mutuelles, des relations amicales et de bon voisinage, la paix, la sécurité et la justice internationales.

Chaque État participant favorisera l’instauration d’un climat propice à la compréhension et au respect mutuel, à la coopération et à la solidarité entre tous les citoyens résidant sur son terri- 4 toire, sans distinction d’origine ethnique ou nationale ou de croyance religieuse, et il encouragera la recherche de solutions aux problèmes par un dialogue fondé sur les principes de l’État de droit.

(37) Aucun des présents engagements ne peut être interprété comme comportant un droit quel- conque d’entreprendre toute activité ou d’accomplir toute action contrevenant aux buts et prin- cipes de la Charte des Nations Unies, aux autres obligations découlant du droit international ou aux dispositions de l’Acte final, y compris le principe de l’intégrité territoriale des États.

(38) Les États participants, dans leurs efforts visant à protéger et à promouvoir les droits des per- sonnes appartenant à des minorités nationales, respecteront pleinement les engagements pris en vertu des conventions en vigueur dans le domaine des droits de l’homme et autres instruments internationaux, et ils examineront la possibilité d’adhérer aux conventions en la matière, s’ils ne l’ont pas encore fait, y compris celles accordant aux citoyens le droit de déposer une plainte.

(39) Les États participants coopéreront étroitement au sein des organisations internationales com- pétentes auxquelles ils appartiennent, y compris l’Organisation des Nations Unies et, le cas échéant,

181 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

le Conseil de l’Europe, compte tenu des travaux en cours concernant les questions relatives aux minorités nationales.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

(...) Nous reconnaissons en outre que les droits des personnes appartenant à des minorités natio- nales doivent être pleinement respectés comme faisant partie des droits de l’homme universels. (...)

Genève 1991

II.

Les États participants soulignent l’importance d’un examen approfondi continu de l’exécution des engagements qu’ils ont pris dans le cadre de la CSCE en ce qui concerne les personnes apparte- nant à des minorités nationales.

Ils soulignent que les droits de l’homme et les libertés fondamentales sont le fondement de la pro- tection et de la promotion des droits des personnes appartenant à des minorités nationales.

Les problèmes concernant les minorités nationales, de même que le respect des obligations et enga- gements internationaux relatifs aux droits des personnes appartenant à ces minorités, sont des questions qui appellent à juste titre l’attention de tous les pays et ne constituent donc pas exclusi- vement une affaire intérieure à chaque État.

Ils notent que toutes les différences ethniques, culturelles, linguistiques ou religieuses ne conduisent pas nécessairement à la création de minorités nationales.

III.

(...) les États participants estiment que, lorsque sont débattus dans leur pays des problèmes relatifs à la situation des minorités nationales, ces dernières devraient avoir la possibilité effective de jouer un rôle, conformément aux procédures de prise de décisions propres à chaque État.

Ils reconnaissent qu’on ne saurait mieux promouvoir le dialogue entre États, ainsi qu’entre les États et les personnes appartenant à des minorités nationales, qu’en assurant une libre circulation des informations et des idées entre toutes les parties. Ils encouragent les efforts unilatéraux, bila- téraux et multilatéraux de la part des gouvernements pour étudier les moyens de renforcer l’effi- cacité de l’exécution par chacun d’eux des engagements pris dans le cadre de la CSCE en ce qui concerne les minorités nationales.

Les États participants considèrent en outre que le respect des droits de l’homme et des libertés fon- damentales doit être assuré d’une manière non discriminatoire dans l’ensemble de la société. Là où vivent principalement des personnes appartenant à une minorité nationale, les droits de l’homme et les libertés fondamentales des personnes appartenant à cette minorité, des personnes apparte- nant à la population majoritaire de l’État concerné et des personnes appartenant à d’autres mino- rités nationales résidant dans la même région seront protégés de la même façon.

182 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

(…)

Ils autoriseront les autorités compétentes à informer le Bureau des élections libres de toute élec- tion publique prévue sur leur territoire, y compris celles qui seront organisées à un niveau infé- rieur au niveau national. Les États participants considéreront favorablement, dans la mesure où la loi le permet, la présence d’observateurs à des élections tenues à un niveau inférieur au niveau national, en particulier là où vivent des minorités nationales, et ils s’efforceront de leur en facili- ter l’accès sur les lieux.

IV.

Les États participants créeront les conditions voulues pour que les personnes appartenant à des minorités nationales aient des chances égales de prendre une part effective à la vie publique, aux activités économiques et à la construction de leurs sociétés respectives.

Conformément aux dispositions du paragraphe 31 du Document de Copenhague, les États parti- cipants prendront les mesures nécessaires pour prévenir toute discrimination à l’encontre de per- sonnes, notamment en matière d’emploi, de logement et d’éducation, sur la base de l’appartenance ou de la non-appartenance à une minorité nationale. Dans ce contexte ils offriront, s’ils ne l’ont déjà fait, des moyens de recours efficaces aux personnes ayant fait l’objet d’un traitement discri- minatoire sur la base de leur appartenance ou de leur non-appartenance à une minorité nationale, notamment en offrant aux personnes victimes d’une discrimination un large éventail de recours administratifs et juridictionnels. (…)

Les États participants affirment que les personnes appartenant à une minorité nationale jouiront des mêmes droits et auront les mêmes devoirs, en tant que citoyens, que le reste de la population. (…)

Ils reconnaissent que (...) mesures, dans lesquelles sont notamment prises en considération les conditions historiques et territoriales des minorités nationales, sont particulièrement importantes là où des institutions démocratiques sont en cours de consolidation et où les questions relatives aux minorités nationales appellent une attention particulière. 4 Conscients de leur diversité de leurs systèmes constitutionnels qui varient d’un pays à l’autre, qui fait qu’une seule et même approche n’est pas nécessairement partout applicable, les États partici- pants notent avec intérêt que des résultats positifs ont été obtenus par certains d’entre eux, selon des voies démocratiques appropriées, entre autres : (…) • par des accords bilatéraux et multilatéraux et d’autres arrangements concernant les minorités nationales ; • par la création d’organismes publics de recherche ayant pour mission d’examiner la législation et de diffuser des informations concernant l’égalité des droits et la non-discrimination ; (…) • par l’assistance de l’État pour résoudre des difficultés locales liées à des pratiques discrimina- toires (par exemple, par un service de relations entre citoyens) ; • par l’encouragement des efforts portant au niveau le plus élémentaire sur les relations sociales entre communautés minoritaires, entre communautés majoritaires et communautés minoritaires

183 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

et entre communautés voisines ayant une frontière commune, afin de prévenir l’apparition de ten- sions locales et de régler de manière pacifique d’éventuels conflits ; • en encourageant la mise en place de commissions mixtes permanentes, intergouvernementales ou régionales, pour faciliter un dialogue constant entre les régions frontalières concernées.

Les États participants sont d’avis que ces approches, ou d’autres, mises en œuvre séparément ou de manière combinée, peuvent contribuer utilement à l’amélioration de la situation des minorités nationales sur leur territoire.

Les États participants respectent le droit des personnes appartenant à des minorités nationales d’exercer et de jouir, individuellement ou en commun, de leurs droits de créer et de maintenir des organisations et associations dans leur pays, et de participer à des organisations internationales non gouvernementales.

VI.

Les États participants, préoccupés par la prolifération des actes inspirés par la haine raciale, eth- nique et religieuse, par l’antisémitisme, la xénophobie et la discrimination, soulignent leur déter- mination à condamner sans relâche les actes de cette nature contre quiconque.

Dans ce contexte, ils réaffirment qu’ils ont reconnu les problèmes spécifiques des Roms (Gitans). Ils sont prêts à prendre des mesures efficaces pour assurer une pleine égalité des chances entre les personnes faisant partie des Roms et résidant habituellement sur leur territoire et le reste des rési- dents. Ils encourageront également la recherche et les études sur les Roms et sur les problèmes par- ticuliers que ceux-ci connaissent. Ils prendront des mesures efficaces pour promouvoir sur leur territoire la tolérance, la compréhension, l’égalité des chances et les bonnes relations entre per- sonnes d’origines différentes.

Moscou 1991

(37) Les États participants confirment les dispositions et les engagements contenus dans tous les documents de la CSCE, en particulier dans le Document de la Réunion de Copenhague de la Conférence sur la dimension humaine de la CSCE, concernant des questions relatives aux mino- rités nationales et aux droits des personnes appartenant à ces minorités et dans le Rapport de la Réunion d’experts de Genève de la CSCE sur les minorités nationales et ils demandent la mise en œuvre intégrale et rapide de ces dispositions et engagements. Ils croient en particulier que l’uti- lisation des mécanismes et procédures nouveaux et élargis de la CSCE contribueront à renforcer la protection et la promotion des droits des personnes appartenant à des minorités nationales.

Helsinki 1992 (Décisions : II. Haut-Commissaire de la CSCE pour les minorités nationales)

(1) Les États participants décident de créer un poste de Haut-Commissaire pour les minorités nationales. (...)

184 4.1.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants,

(23) Réaffirment dans les termes les plus vigoureux leur détermination de mettre en œuvre rapide- ment et fidèlement tous les engagements qu’ils ont contractés dans le cadre de la CSCE (…) pour ce qui est des questions relatives aux minorités nationales et aux droits des personnes apparte- nant à ces minorités ;

(24) Intensifieront, dans ce contexte, leurs efforts pour assurer aux personnes appartenant aux minorités nationales le libre exercice des droits de l’homme et des libertés fondamentales, que ce soit individuellement ou en commun avec d’autres, y compris le droit de pleinement participer, conformément aux procédures démocratiques de prise de décisions appliquées par chaque État, à la vie politique, économique, sociale et culturelle du pays dans lequel elles vivent (...)

(25) Continueront, par des efforts unilatéraux, bilatéraux et multilatéraux, à rechercher de nou- veaux moyens d’améliorer la mise en œuvre des engagements pertinents de la CSCE auxquels ils ont souscrit, y compris ceux qui sont liés à la protection et l’instauration de conditions propices à la promotion de l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales ;

(26) Traiteront des problèmes de minorités nationales de manière constructive, par des moyens pacifiques et par le dialogue entre toutes les parties intéressées, sur la base des principes et enga- gements de la CSCE ;

(27) S’abstiendront de réinstaller et condamnent toutes les tentatives visant à réinstaller, par la menace ou l’usage de la force, des personnes dans le but de modifier la composition ethnique de régions situées sur leur territoire ;

Budapest 1994 (Décisions : VIII. La dimension humaine)

21. Les États participants confirment leur détermination de faire avancer résolument la mise en œuvre des dispositions de l’Acte final et de tous autres documents de la CSCE relatifs à la pro- tection des droits des personnes appartenant à des minorités nationales. Ils rendent hommage aux travaux du HCMN dans ce domaine. 4 22. Les États participants se félicitent des efforts qui sont faits sur le plan international pour mieux protéger les droits des personnes appartenant à des minorités nationales. Ils prennent note de l’adop- tion, au Conseil de l’Europe, d’une Convention-cadre sur la protection des minorités nationales basée sur les normes de la CSCE en la matière. Ils notent que la Convention est également ouverte – sur invitation – à la signature des États qui ne sont pas membres du Conseil de l’Europe ; ils exa- mineront la possibilité de devenir parties à cette Convention.

Lisbonne 1996 (Déclaration de Lisbonne sur un modèle de sécurité commun et global pour l’Europe du XXIe siècle)

(10) (…)

En tant que contribution importante à la sécurité, nous réaffirmons notre détermination de res- pecter et d’exécuter pleinement tous les engagements que nous avons pris en ce qui concerne les droits de personnes appartenant à une minorité nationale. Nous réaffirmons notre volonté de coo- pérer pleinement avec le Haut-Commissaire pour les minorités nationales. Nous sommes prêts

185 4.1.2 Participation réelle à la vie publique et politique

à répondre à la demande de tout État participant cherchant des solutions aux questions de mino- rités sur son territoire.

Istanbul 1999 (Déclaration du Sommet)

30. Nous réaffirmons notre engagement à veiller à ce que les lois et les politiques respectent plei- nement les droits des personnes appartenant à des minorités nationales (…). Nous appuyons aussi l’adoption et la mise en œuvre intégrale d’une législation antidiscrimination détaillée pour pro- mouvoir l’égalité des chances pour tous. (…) Nous réaffirmons que nous intensifierons nos efforts pour appliquer les recommandations du Haut-Commissaire pour les minorités nationales.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

La protection et la promotion des droits des personnes appartenant à des minorités nationales sont des facteurs essentiels pour la démocratie, la paix, la justice et la stabilité à l’intérieur des États par- ticipants et entre eux. (…) Le plein respect des droits de l’homme, y compris des droits des per- sonnes appartenant à des minorités nationales, outre qu’il est une fin en soi, peut non pas ébranler, mais renforcer l’intégrité territoriale et la souveraineté. (…) Nous condamnons la violence contre une minorité quelle qu’elle soit. Nous nous engageons à prendre des mesures pour promouvoir la tolérance et à édifier des sociétés pluralistes dans lesquelles toutes les personnes, quelle que soit leur origine ethnique, jouissent de l’égalité des chances. (…)

4.1.2 Participation réelle à la vie publique et politique

Copenhague 1990

Les États participants prennent note des efforts entrepris pour créer et favoriser des conditions permettant de promouvoir l’identité ethnique, culturelle, linguistique et religieuse de certaines minorités nationales en mettant en place, comme l’un des moyens de réaliser ces objectifs, des administrations locales ou autonomes appropriées, correspondant à la situation historique et ter- ritoriale spécifique de ces minorités, conformément à la politique de l’État concerné.

Genève 1991

III.

Respectant le droit des personnes appartenant à des minorités nationales de prendre effectivement part aux affaires publiques, les États participants estiment que, lorsque sont débattus dans leur pays des problèmes relatifs à la situation des minorités nationales, ces dernières devraient avoir la possibi- lité effective de jouer un rôle, conformément aux procédures de prise de décisions propres à chaque État. Ils estiment en outre qu’une participation démocratique appropriée des personnes apparte- nant à des minorités nationales, ou de représentants de celles-ci, dans des organes de décision ou de consultation constitue un élément important d’une participation effective aux affaires publiques.

186 4.1.2 Participation réelle à la vie publique et politique

Ils considèrent que des efforts particuliers doivent être faits pour résoudre les problèmes spéci- fiques d’une manière constructive et en ayant recours au dialogue, par voie de négociations et de consultations, en vue d’améliorer la situation des personnes appartenant à des minorités natio- nales. Ils reconnaissent qu’on ne saurait mieux promouvoir le dialogue entre États, ainsi qu’entre les États et les personnes appartenant à des minorités nationales, qu’en assurant une libre circula- tion des informations et des idées entre toutes les parties. (...)

IV.

Les États participants, (...)

(24) Intensifieront, dans ce contexte, leurs efforts pour assurer aux personnes appartenant aux mino- rités nationales le libre exercice des droits de l’homme et des libertés fondamentales, que ce soit individuellement ou en commun avec d’autres, y compris le droit de pleinement participer, confor- mément aux procédures démocratiques de prise de décisions appliquées par chaque État, à la vie politique, économique, sociale et culturelle du pays dans lequel elles vivent, y compris par la parti- cipation démocratique aux instances décisionnelles et aux organes consultatifs existant à l’échelon national, régional et local, notamment par le truchement des partis politiques et des associations (...)

187 4.1.3 Identité et éducation culturelles, linguistiques et religieuses

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

4.1.3 Identité et éducation culturelles, linguistiques et religieuses

Helsinki 1975 (Coopération dans les domaines humanitaire et autres)

(...) Les États participants, reconnaissant la contribution que les minorités nationales ou cultures régionales peuvent apporter à la coopération entre eux dans différents domaines de la culture, se proposent, lorsqu’existent sur leur territoire de telles minorités ou cultures et en tenant compte des intérêts légitimes de leurs membres, de faciliter cette contribution.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(19) [Les États participants] protégeront l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales sur leur territoire et créeront des conditions propres à promouvoir cette identité. (…)

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

(45) [Les États participants] veilleront à ce que, dans la pratique, des personnes appartenant aux liens mineurs nationales ou aux cultures régionales sur leur territoire puissent diffuser des infor- mations dans leur langue maternelle, y avoir accès et les échanger. (…)

(59) [Les États participants] veilleront à ce que les personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire soient en mesure de conserver et de développer leur propre culture sous tous ses aspects, y compris la langue, la littérature et la religion, et qu’elles puissent préserver leurs monuments et objets culturels et historiques. (…)

(68) [Les États participants] veilleront à ce que les personnes qui appartiennent aux minorités natio- nales ou aux cultures régionales sur leur territoire puissent dispenser ou recevoir un enseignement portant sur leur propre culture, y compris en laissant les parents transmettre à leurs enfants leur langue, leur religion et leur identité culturelle.

Copenhague 1990

(32) (…) Les personnes appartenant à des minorités nationales ont le droit d’exprimer, de préser- ver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse et de maintenir et de développer leur culture sous toutes ses formes, à l’abri de toutes tentatives d’assimilation contre leur volonté. En particulier, elles ont le droit (32.1) – d’utiliser librement leur langue maternelle tant en privé qu’en public ;

188 4.1.3 Identité et éducation culturelles, linguistiques et religieuses

(32.2) – de créer et de maintenir leurs propres institutions, organisations ou associations éducatives, culturelles et religieuses, qui peuvent solliciter des contributions financières bénévoles et autres contributions, y compris une aide publique, conformément à la législation nationale ; (…) (32.3) – de professer et de pratiquer leur religion, y compris de se procurer, de posséder et d’utiliser des objets religieux, ainsi que de dispenser un enseignement religieux dans leur langue maternelle ; (…)

De telles mesures devront être conformes aux principes de l’égalité et de la non-discrimination à l’égard des autres citoyens de l’État participant concerné.

(34) Les États participants s’efforceront de garantir que les personnes appartenant à des minori- tés nationales, indépendamment de la nécessité d’apprendre la ou les langues officielles de l’État concerné, auront la possibilité d’apprendre leur langue maternelle ou de recevoir un enseignement dans cette langue, ainsi que, si c’est possible et nécessaire, de l’utiliser dans leurs rapports avec les pouvoirs publics, conformément à la législation nationale en vigueur.

Dans l’enseignement de l’histoire et de la culture dans les établissements éducatifs, ils tiendront également compte de l’histoire et de la culture des minorités nationales.

Les États participants prennent note des efforts entrepris pour créer et favoriser des conditions permettant de promouvoir l’identité ethnique, culturelle, linguistique et religieuse de certaines minorités nationales en mettant en place, comme l’un des moyens de réaliser ces objectifs, des administrations locales ou autonomes appropriées, correspondant à la situation historique et ter- 4 ritoriale spécifique de ces minorités, conformément à la politique de l’État concerné.

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous affirmons que l’identité ethnique, culturelle, linguistique et religieuse des minorités natio- nales sera protégée et que les personnes appartenant à ces minorités ont le droit d’exprimer, de pré- server et de développer cette identité sans aucune discrimination et en toute égalité devant la loi. (…)

Résolus à encourager la contribution précieuse des minorités nationales à la vie de nos sociétés, nous nous engageons à améliorer encore leur situation. Nous réaffirmons notre profonde convic- tion que des relations amicales entre nos peuples ainsi que la paix, la justice, la stabilité et la démo- cratie exigent que l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales soit protégée et que des conditions favorables à la promotion de cette identité soient créées.

189 4.1.3 Identité et éducation culturelles, linguistiques et religieuses

Genève 1991 (IV)

Les États participants sont convaincus que la préservation des valeurs et du patrimoine cultu- rel des minorités nationales nécessite la participation des personnes appartenant à ces minorités et que la tolérance et le respect des différentes cultures sont d’une importance primordiale à cet égard. En conséquence ils confirment qu’il importe de s’abstenir de faire obstacle à la production de matériels culturels concernant les minorités nationales, y compris par des personnes apparte- nant à ces minorités.

Conscients de leur diversité de leurs systèmes constitutionnels qui varient d’un pays à l’autre, qui fait qu’une seule et même approche n’est pas nécessairement partout applicable, les États partici- pants notent avec intérêt que des résultats positifs ont été obtenus par certains d’entre eux, selon des voies démocratiques appropriées, entre autres : • par des organes de consultation et de décision dans lesquels les minorités sont représentées, en particulier pour ce qui est de l’éducation, de la culture et de la religion ; (…) • par la gestion autonome, par une minorité nationale, des aspects relatifs à son identité dans les cas où une autonomie sur une base territoriale n’est pas applicable ; (…) • en offrant aux personnes appartenant à des minorités nationales un enseignement dans leur langue maternelle, d’un type et d’un niveau satisfaisants, compte dûment tenu de l’effectif, des schémas de répartition géographique et des traditions culturelles de ces minorités ; • par le financement de l’enseignement des langues des minorités dans le grand public en incluant ces langues dans l’enseignement dispensé dans les établissements de formation pédagogique, en particulier dans les régions où vivent des personnes appartenant à des minorités nationales ; • en prenant, dans les cas où l’enseignement d’une discipline donnée ne peut pas être assuré sur leur territoire, à tous les niveaux, dans la langue des minorités, les mesures nécessaires pour dégager les modalités de reconnaissance des diplômes délivrés à l’étranger et sanctionnant l’ac- complissement d’un cycle d’études dans cette langue ; (…) • par l’octroi d’une assistance financière et technique aux personnes appartenant à des minori- tés nationales qui désirent exercer leur droit d’établir leurs propres institutions, organisations et associations éducatives, culturelles et religieuses et d’en assurer le fonctionnement ; (…)

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants, (...)

190 4.1.4 Contacts humains, médias et presse libres

Istanbul 1999 (Déclaration du Sommet)

30. Nous réaffirmons notre engagement à veiller à ce que les lois et les politiques respectent pleine- ment les droits des personnes appartenant à des minorités nationales en ce qui concerne en par- ticulier les questions touchant à l’identité culturelle. Nous insistons tout particulièrement sur l’obligation de faire en sorte que les lois et les politiques concernant les droits des personnes appar- tenant à des minorités nationales en matière d’éducation, leurs droits linguistiques et leur droit de participation à la vie publique soient conformes aux normes et aux conventions internatio- nales applicables. (...)

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

Différents concepts d’autonomie ainsi que d’autres formules esquissées dans les documents sus- mentionnés, qui sont conformes aux principes de l’OSCE, constituent des moyens de préserver et de promouvoir l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales à l’intérieur d’un État existant. (...)

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel,

10. Veille à la promotion de l’application des engagements de l’OSCE sur les minorités nationales, et reconnaît l’importance des recommandations du Haut-Commissaire pour les minorités natio- nales concernant l’éducation, la participation à la vie publique et la langue, notamment sur son usage dans les médias, et des recommandations pertinentes du Représentant pour la liberté des médias à cet égard ;

4.1.4 Contacts humains, médias et presse libres

Vienne 1989 (Coopération dans le domaine humanitaire et autres)

(31) [Les États participants] veilleront à ce que les personnes appartenant aux minorités nationales ou aux cultures régionales sur leur territoire aient un statut égal à celui des autres citoyens confor- mément aux dispositions relatives aux contacts entre les personnes de l’Acte final et des autres 4 documents de la CSCE susmentionnés, et à ce qu’elles puissent établir et maintenir de tels contacts par des voyages et d’autres moyens de communication, y compris des contacts avec des citoyens d’autres États qui ont une origine nationale ou un patrimoine culturel communs. (…)

Copenhague 1990

(32) (…) Les personnes appartenant à des minorités nationales ont le droit (…) (32.4) – d’établir et de maintenir des contacts sans entraves entre elles dans leur pays, ainsi que des contacts au-delà des frontières avec des citoyens d’autres États qui ont en commun une origine ethnique ou nationale, un patrimoine culturel ou des croyances religieuses ;

191 4.1.4 Contacts humains, médias et presse libres

(…)

Genève 1991

IV.

VII.

Convaincus que la protection des droits des personnes appartenant à des minorités nationales exige que la circulation de l’information et l’échange des idées soient libres, les États participants sou- lignent l’importance de la communication entre personnes appartenant à des minorités nationales sans intervention des pouvoirs publics et indépendamment des frontières. L’exercice de ces droits ne peut être limité que par les seules restrictions qui sont prescrites par la loi et qui sont conformes aux normes internationales. Ils réaffirment qu’aucune personne appartenant à une minorité natio- nale, simplement parce qu’il appartient à cette minorité, ne fera l’objet de sanctions pénales ou administratives pour avoir eu des contacts à l’intérieur ou en dehors de son propre pays.

En ce qui concerne l’accès aux médias, ils n’exerceront aucune discrimination contre quiconque pour des raisons ethniques, culturelles, linguistiques ou religieuses. Ils fourniront des informa- tions qui aideront les organes d’information audiovisuels à tenir compte, dans leurs programmes, de l’identité ethnique, culturelle, linguistique et religieuse des minorités nationales.

Ils réaffirment que l’établissement et le maintien de contacts libres entre personnes appartenant à une minorité nationale, ainsi que de contacts transfrontaliers entre des personnes appartenant à une minorité nationale et d’autres personnes avec lesquelles elles ont en commun une origine ethnique ou nationale, un patrimoine culturel ou une croyance religieuse, contribuent à la com- préhension mutuelle et favorisent des relations de bon voisinage.

Ils encouragent par conséquent des arrangements de coopération transfrontalière aux niveaux national, régional et local, notamment dans les domaines du passage des frontaliers, de la préser- vation et de la visite des monuments et sites culturels et historiques, du tourisme, de l’amélioration

192 4.1.5 Rôle des organisations et des associations

des communications, de l’économie, des échanges de jeunes, de la protection de l’environnement et de la création de commissions régionales.

Ils encourageront aussi la mise en place de dispositifs informels (par exemple des ateliers, des comités aussi bien à l’intérieur d’un État participant qu’entre plusieurs de ces États) là où vivent des minorités nationales, pour examiner des questions relatives à ces minorités, procéder à des échanges de données d’expérience et présenter des propositions sur ces questions.

Afin d’améliorer leur information au sujet de la situation réelle des minorités nationales, les États participants diffuseront à titre volontaire aux autres États participants, par l’intermédiaire du Secrétariat de la CSCE, des informations sur la situation des minorités nationales vivant sur leur territoire, ainsi que le texte de déclarations relatives à leur politique nationale dans ce domaine.

Les États participants confieront au Secrétariat de la CSCE des exemplaires des contributions faites en séance plénière de la Réunion d’experts de la CSCE sur les minorités nationales, qu’ils sou- haitent rendre accessibles au public.

4.1.5 Rôle des organisations et des associations

Copenhague 1990

(30) (...) Les États participants reconnaissent en outre le rôle important que jouent les organisa- tions non gouvernementales, y compris les partis politiques, les syndicats, les organisations des droits de l’homme et les groupements religieux, pour la promotion de la tolérance et de la diver- sité culturelle et pour la recherche de solutions aux problèmes concernant les minorités nationales. (…)

(…) Les personnes appartenant à des minorités nationales ont le droit (…) (32.2) – de créer et de maintenir leurs propres institutions, organisations ou associations éducatives, culturelles et religieuses, qui peuvent solliciter des contributions financières bénévoles et autres contributions, y compris une aide publique, conformément à la législation nationale ; (…) (32.6) – de créer et de maintenir des organisations ou associations dans leur pays, et de participer 4 aux activités d’organisations non gouvernementales internationales.

Genève 1991

IV.

193 4.1.6 Protection contre les crimes de haine

(…)

Les États participants sont d’avis que ces approches, ou d’autres (…) peuvent contribuer utilement à l’amélioration de la situation des minorités nationales sur leur territoire.

Les États participants réaffirment le droit des personnes appartenant à des minorités nationales de créer et de maintenir leurs propres institutions, organisations et associations éducatives, cultu- relles et religieuses, et ne s’opposeront pas à l’exercice de ce droit.

A cet égard, ils reconnaissent le rôle majeur et déterminant que jouent les personnes, les organisa- tions non gouvernementales et les groupes, confessionnels et autres, dans la promotion de la com- préhension entre les cultures et dans l’amélioration des relations, à tous les niveaux de la société ainsi que par-delà les frontières internationales.

Ils sont convaincus que l’observation directe et l’expérience de ces organisations, groupes et indi- vidus peuvent être extrêmement précieuses pour promouvoir l’exécution des engagements de la CSCE relatifs aux personnes appartenant à des minorités nationales. Ils encourageront donc les travaux de ces organisations, groupes et individus et n’y feront pas obstacle, et ils accueilleront favorablement leurs contributions en la matière.

4.1.6 Protection contre les crimes de haine

Genève 1991

De plus, les États participants prendront des mesures efficaces et notamment adopteront, s’ils ne l’ont déjà fait, conformément à leur système constitutionnel et à leurs obligations internationales, des lois pour interdire tout acte constituant une incitation à la violence, motivé par la discrimina- tion, l’hostilité ou la haine de caractère national, racial, ethnique ou religieux, y compris l’antisé- mitisme, ainsi que des mesures propres à garantir l’application de ces lois.

En outre, pour que l’opinion publique prenne mieux conscience des préjugés et de la haine, que les lois contre les crimes liés à la haine soient mieux appliquées et que, d’une façon générale, les efforts visant à combattre la haine et les préjugés dans la société soient poursuivis, ils s’efforce- ront de recueillir, de publier régulièrement et de mettre à la disposition du public des données sur les crimes commis sur leur territoire, inspirés par des préjugés fondés sur la race, l’identité eth- nique ou la religion, y compris les directives suivies pour la collecte de ces données. Ces données ne devraient pas contenir d’informations ayant un caractère personnel.

194 4.2 Roms et Sentis

Ils se consulteront et échangeront des points de vue et des informations au niveau international, y compris lors de futures réunions de la CSCE, au sujet des crimes qui sont l’expression des pré- jugés et de la haine.

4.2 Roms et Sentis

Voir aussi I. 2.3.4 A : Bureau des institutions démocratiques et des droits de l’homme (BIDDH) I. 2.3.4 A. III : Point de contact du BIDDH pour les questions concernant les Roms et les Sintis II. 5 : Engagements relatifs à l’égalité, à la tolérance et à la non-discrimination

4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Genève 1991 (VI)

[Les États participants] sont prêts à prendre des mesures efficaces pour assurer une pleine égalité des chances entre les personnes faisant partie des Roms et résidant habituellement sur leur terri- toire et le reste des résidents. Ils encourageront également la recherche et les études sur les Roms et sur les problèmes particuliers que ceux-ci connaissent.

Budapest 1994 (Décisions : VIII. La dimension humaine

23. Les États participants décident de désigner, à l’intérieur du BIDDH, un point de contact pour les questions concernant les Roms et les Sinti (Tziganes). (...)

Istanbul 1999 (Déclaration du Sommet) 4 31. (...) Nous sommes résolus à faire en sorte que les lois et politiques respectent pleinement les droits des Roms et des Sintis et, si besoin est, à promouvoir une législation antidiscrimination à cet effet. (...)

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

20. Nous reconnaissons les difficultés particulières que rencontrent les Roms et les Sintis et de la nécessité de prendre des mesures efficaces afin de faire bénéficier de la pleine égalité des chances, conformément aux engagements pris au titre de l’OSCE, les personnes appartenant aux Roms et aux Sintis. Nous renforcerons nos efforts pour faire en sorte que les Roms et les Sintis puissent participer pleinement, sur un pied d’égalité, à la vie de nos sociétés et pour éliminer la discrimi- nation à leur égard.

195 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Maastricht 2003 (Décision N° 3/03 Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Reconnaissant les difficultés particulières rencontrées par les Roms et les Sintis et la nécessité d’adopter des mesures efficaces pour éliminer la discrimination à leur encontre et réaliser l’éga- lité des chances, conformément aux engagements de l’OSCE,

Reconnaissant que des progrès ont été accomplis tant dans la législation nationale que dans les pro- grammes d’action et que de considérables efforts ont été déployés par les États participants à cette fin,

Conscient dans le même temps qu’une action résolue s’impose encore pour améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, (…)

Convaincu que les Roms et les Sintis devraient participer davantage à l’élaboration des politiques les concernant,

Décide d’approuver le Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’es- pace de l’OSCE, qui a été adopté par le Conseil permanent dans sa Décision N° 566 en date du 27 novembre 2003, et qui est annexé à la présente décision.

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE

II. Contexte général : pour et avec les Roms

4. Chaque politique ou stratégie nationale de mise en œuvre devrait : (1) répondre aux problèmes, aux besoins et aux priorités réels des communautés roms et sintis ; (2) être globale ; (3) introduire une approche équilibrée et viable combinant objectifs en matière de droits de l’homme et politique sociale ; et (4) impliquer au maximum les Roms dans les politiques qui les concernent. (…) les stra- tégies de mise en œuvre (…) devraient également comprendre des mécanismes visant à assurer l’application des politiques nationales au niveau local.

5. Les États participants et les institutions de l’OSCE compétentes devraient, dans leurs efforts, suivre le principe directeur selon lequel chaque politique et stratégie de mise en œuvre devrait être élaborée et appliquée avec la participation active des communautés roms et sintis. Les Roms et les Sintis devraient œuvrer au développement de ces stratégies au côté des autorités locales, nationales et internationales. De la même façon, les communautés roms devraient être considérées comme des partenaires égaux et partager la responsabilité de l’amélioration de leurs conditions de vie.

6. Il conviendrait de tenir compte, lors de la conception et de la mise en œuvre de l’ensemble des politiques et des programmes, de la situation particulière des femmes roms et sintis. Lorsque des mécanismes consultatifs et autres existent pour faciliter la participation des Roms et des Sintis à de tels processus d’élaboration de politiques, les femmes devraient être en mesure d’y partici- per sur un pied d’égalité avec les hommes. Les questions intéressant les femmes roms devraient être systématiquement prises en considération dans toutes les politiques appropriées conçues pour la population dans son ensemble.

196 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

III. Lutte contre le racisme et la discrimination

Législation et mesures visant à en assurer le respect Mesures recommandées aux États participants : (…)

8. Adopter et appliquer une législation efficace pour lutter contre la discrimination raciale et eth- nique dans tous les domaines, y compris, notamment, l’accès au logement, à la citoyenneté et à un domicile, à l’éducation, à l’emploi et aux services médicaux et sociaux. Associer les représentants des Roms et des Sintis à la conception, à la mise en œuvre et à l’évaluation de cette législation.

9. La législation en matière de lutte contre la discrimination devrait : • Interdire la discrimination raciale tant directe qu’indirecte ; • Imposer des sanctions efficaces, proportionnées et dissuasives pour les actes ou les pratiques discriminatoires (...) • Garantir l’égalité d’accès à des recours efficaces (juridiques, administratifs, procédures de conci- liation ou de médiation).

10. Il conviendrait de faire en sorte que la législation nationale interdise les actes discriminatoires quels qu’ils soient et que tous les cas suspectés de discrimination fassent l’objet d’une enquête approfondie et objective.

11. Créer, selon qu’il conviendra, des institutions spécialisées pour assurer la mise en œuvre d’une telle législation, ainsi que des mécanismes internes pour suivre les progrès accomplis à cet égard et en rendre compte régulièrement et de manière transparente. Encourager la participation de représen- tants des Roms et des Sintis à de tels organes, dont les travaux devraient être accessibles au public.

12. Élaborer, au besoin, des stratégies ou des plans d’action globaux au niveau national prévoyant des mesures concrètes pour lutter contre la discrimination dans tous les domaines de la vie, afin d’améliorer la situation des Roms et des Sintis.

13. Évaluer régulièrement, en particulier au niveau local, les résultats de ces stratégies et faire par- ticiper les communautés roms et sintis au processus d’évaluation. (…) 4 15. Enregistrer, conformément aux normes nationales et internationales relatives à la protection des données, tous les types et cas pertinents de discrimination, afin d’être en mesure de mieux évaluer la situation des Roms et des Sintis et de mieux répondre à leurs besoins. (…)

17. Veiller à ce que les auteurs d’actes discriminatoires (…) notamment en faisant en sorte que la police mène des enquêtes et prenne des mesures punitives rapidement et de manière efficace.

18. Faciliter l’accès des Roms et des Sintis à la justice par des mesures comme l’aide juridique et la fourniture d’informations en romani.

19. Tenir compte, dans l’ensemble des mesures et des programmes, de la situation des femmes roms et sintis, qui sont fréquemment victimes de discriminations tant ethniques que sexuelles. (…)

197 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

Médias

Mesures recommandées aux États participants :

37. Afin de renforcer la liberté d’expression, favoriser la formation des journalistes roms et sin- tis et leur emploi dans les médias, de manière à faciliter un accès plus large des Roms et des Sin- tis aux médias.

IX. Point de contact du BIDDH pour les questions concernant les Roms et les Sintis (…)

136. Dans le but de faciliter la mise en œuvre du processus d’examen, les États participants de l’OSCE sont invités à fournir des informations sur des faits récents intéressant la situation des Roms et des Sintis et/ou sur des mesures inspirées par le présent Plan d’action, selon le cas lors des réunions sur la mise en œuvre des engagements concernant la dimension humaine, en préalable aux confé- rences d’examen et au Conseil permanent.

137. Toutes les institutions et structures compétentes de l’OSCE, y compris ses opérations de ter- rain, continueront à coopérer étroitement avec les États participants afin de les aider à mettre en œuvre le présent Plan d’action.

Helsinki 2008 (Décision N° 6/08 sur le renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Résolu à renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, (…)

4. Encourage les États participants à prendre en considération les questions concernant les Roms et les Sintis lorsqu’ils examinent leur législation et leurs politiques s’appliquant aux Roms et aux Sintis, en particulier dans les domaines prioritaires du Plan d’action de 2003 visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;

5. Appelle les autorités nationales compétentes pour ce qui est de la situation des Roms et des Sin- tis, comme celles qui s’occupent des minorités, de l’accès aux services de santé, de l’éducation, du logement et de la lutte contre la discrimination, ainsi que de la police et des médias, à intensifier leurs efforts visant à assurer l’application des engagements de l’OSCE dans la législation nationale sur l’égalité et la non-discrimination. Dans ce contexte, il conviendrait d’accorder une attention particulière à la situation des femmes et des filles roms ;

6. Encourage les États participants qui ne l’ont pas encore fait à mettre en place des cadres insti- tutionnels faisant intervenir les organismes roms et gouvernementaux compétents, aux échelons appropriés, afin de faciliter la mise en œuvre de politiques et de programmes visant à améliorer la situation des Roms et des Sintis ;

7. Encourage les États participants à renforcer leurs efforts visant à faire activement participer les communautés roms et sintis à l’élaboration des politiques les concernant (...) ;

198 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

8. Appelle à la poursuite de la coordination et de la coopération, dans les limites des ressources existantes, au sein de l’OSCE et avec les acteurs internationaux compétents tels que le Conseil de l’Europe et l’Union européenne, selon qu’il conviendra ; (…)

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis)

Le Conseil ministériel,

Réaffirmant les engagements de l’OSCE concernant les Roms et les Sintis, notamment ceux qui sont énoncés dans le Plan d’action de 2003 visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,

Reconnaissant que certains efforts ont été déployés par les États participants à cette fin,

Notant que des progrès limités ont été accomplis dans la réduction des écarts importants qui sub- sistent entre les Roms et les Sintis et le reste de la société dans plusieurs domaines,

Prenant note du Rapport de situation 2008 du BIDDH sur la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,

Soulignant qu’une action résolue est nécessaire pour améliorer la situation des Roms et des Sintis dans l’ensemble de la région de l’OSCE,

Convaincu que les États participants devraient s’attacher à maximiser l’appropriation par les Roms et les Sintis des politiques qui les concernent et que les communautés rom et sinti devraient être des partenaires et partager la responsabilité de la mise en œuvre des politiques conçues pour pro- mouvoir leur intégration,

Conscient des difficultés particulières auxquelles se heurtent les Roms et les Sintis et de la néces- sité de prendre des mesures efficaces pour éradiquer la discrimination à leur égard et assurer leur intégration durable en conformité avec les engagements de l’OSCE, 4 Préoccupé par le fait que les Roms et les Sintis font partie des communautés qui continuent d’être touchées par le racisme et la discrimination et que les préjugés et les manifestations violentes d’in- tolérance à l’égard des Roms et des Sintis se sont accrus,

Notant qu’en période de ralentissement de l’économie mondiale, les Roms et les Sintis font par- tie de ceux qui sont particulièrement exposés à devenir l’objet d’une hostilité irrationnelle et de l’opprobre sociale,

Sachant que les manifestations d’intolérance à l’égard des Roms et des Sintis peuvent non seulement entraîner un accroissement de l’exclusion et de la marginalisation mais risquent aussi de mettre en péril la cohésion sociale et la coexistence pacifique dans l’ensemble de la société, (…)

Soulignant l’importance pour les institutions et les structures de l’OSCE de s’acquitter de leurs mandats en soutenant la mise en œuvre du Plan d’action visant à améliorer la situation des Roms

199 4.2.1 Protection des droits de l’homme et des libertés fondamentales, y compris l’égalité des chances et la non-discrimination

et des Sintis dans l’espace de l’OSCE, ainsi que d’une coordination et d’une coopération efficaces au sein de l’OSCE à cette fin,

1. Invite les États participants à renforcer leurs efforts pour mettre en œuvre le Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE et pour faire avancer le pro- cessus d’intégration durable des Roms et des Sintis ;

2. Invite les États participants à continuer de communiquer des informations au BIDDH sur les progrès accomplis dans la mise en œuvre du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ; (…)

4. Invite les États participants à renforcer, de manière appropriée, la participation des Roms et des Sintis à l’élaboration, à l’application et à l’évaluation des politiques qui les concernent ainsi qu’à promouvoir le dialogue entre les peuples rom et sinti et le reste de la société afin de sensibi- liser davantage au rôle que l’intolérance et la discrimination peuvent jouer en menaçant la cohé- sion sociale, la stabilité et la sécurité ;

5. Invite les États participants, en coopération avec les Roms et les Sintis, à recenser et à examiner les problèmes de migration des Roms et des Sintis en rapport avec leur intégration durable dans l’espace de l’OSCE ;

Réaffirmant les engagements de l’OSCE à l’égard des Roms et des Sintis, (…)

Reconnaissant que divers efforts tels que l’élaboration et la mise en œuvre de stratégies et de plans d’action nationaux et l’établissement de programmes et de politiques spécifiques visant à amélio- rer la situation des Roms et des Sintis ont été entrepris dans l’espace de l’OSCE et qu’il est essen- tiel de mettre ces initiatives en œuvre au niveau local pour qu’elles se concrétisent,

200 4.2.2 Participation réelle à la vie publique et politique

(…)

Préoccupé par le fait que les Roms et les Sintis continuent à être en butte au racisme et à la vio- lence motivée par des préjugés dans l’espace de l’OSCE,

Demande aux États participants :

1. De renforcer les efforts qu’ils déploient pour appliquer le Plan d’action visant à améliorer la situa- tion des Roms et des Sintis dans l’espace de l’OSCE, grâce notamment à un meilleur suivi et à une meilleure évaluation des stratégies, politiques et mesures relatives à l’intégration des Roms et des Sintis ;

Appelle à la poursuite de la coordination au sein de l’OSCE et de la coopération avec les acteurs internationaux compétents en vue de renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE ;

Encourage l’Assemblée parlementaire de l’OSCE à poursuivre ses efforts visant à améliorer la situa- tion des Roms et des Sintis dans l’espace de l’OSCE. (…)

Encourage l’Assemblée parlementaire de l’OSCE à poursuivre ses efforts visant à améliorer la situa- tion des Roms et des Sintis dans l’espace de l’OSCE.

4.2.2 Participation réelle à la vie publique et politique 4 Helsinki 1992 (Décisions : VI. La dimension humaine)

[Les États participants]

(35) Réaffirment (…) la nécessité d’élaborer des programmes appropriés traitant des problèmes de leurs ressortissants respectifs appartenant à des communautés de Roms et à d’autres groupes traditionnellement connus sous le nom de gitans et de créer des conditions leur permettant de béné- ficier d’une égalité des chances de participer pleinement à la vie de la société, et examineront les moyens de coopérer à cette fin.

201 4.2.2 Participation réelle à la vie publique et politique

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

VI. Accroissement de la participation à la vie publique et politique

Mesures recommandées aux États participants :

87. Les États participants doivent veiller de manière volontariste à ce que les Roms et les Sintis dis- posent, tout comme les autres, des documents nécessaires, y compris de certificats de naissance, de documents d’identité et de certificats d’assurance maladie. Afin de résoudre les problèmes liés à l’absence de documents de base, il est vivement conseillé aux États participants d’œuvrer en par- tenariat avec les organisations civiles roms et sintis.

88. Les États participants sont encouragés à tenir compte des conditions fondamentales suivantes pour assurer une participation effective des Roms et des Sintis à la vie publique et politique : • Association à un stade précoce : Les Roms et les Sintis devraient être associés le plus tôt possible aux phases d’élaboration, de mise en œuvre et d’évaluation de toute initiative les concernant ; • Intégration : Les Roms et les Sintis devraient être intégrés aux processus consultatifs officiels, et il faudrait assurer l’efficacité des mécanismes mis en place pour les faire participer à l’élaboration des grandes orientations politiques en les impliquant dans un processus largement représentatif ; • Transparence : Il conviendrait de diffuser les programmes et les propositions suffisamment longtemps avant les échéances pour la prise de décisions afin que les représentants des communautés roms et sintis puissent les analyser et y contribuer valablement ; • Participation effective des Roms et des Sintis à tous les niveaux de gouvernement : La participation des Roms et des Sintis à l’administration locale est indispensable pour la mise en œuvre efficace des politiques qui les concernent ; • Prise en charge : Les Roms et les Sintis jouent un rôle essentiel et irremplaçable pour ce qui est de veiller au res- pect, dans la pratique, de leur droit de participer au processus politique.

89. Les mandataires élus devraient établir des relations de travail étroites avec les communautés roms et sintis.

90. Établir des mécanismes visant à assurer une communication sur un pied d’égalité, directe et ouverte entre les représentants des Roms et des Sintis et les pouvoirs publics, notamment les organes consultatifs.

91. Faciliter l’interaction entre les dirigeants politiques aux niveaux local et national et les divers groupes roms.

92. Organiser des campagnes de sensibilisation afin d’accroître la participation de l’électorat rom aux élections.

93. Faire en sorte que les électeurs roms puissent effectuer des choix libres et informés lors des élections.

202 4.2.2 Participation réelle à la vie publique et politique

94. Prendre des mesures visant à garantir aux femmes des droits de vote égaux, notamment en veil- lant à l’application des interdictions concernant le « vote familial ».

95. Encourager les Roms et les Sintis à jouer un rôle plus actif dans les services publics, y com- pris, au besoin, par l’introduction de mesures spéciales visant à promouvoir leur participation dans ce domaine.

96. Favoriser la représentation des Roms et des Sintis à des postes pourvus par voie d’élections ou de nominations à tous les niveaux du gouvernement.

97. Donner aux Roms et aux Sintis les moyens de participer aux processus décisionnels des États et des localités et les intégrer à ces processus en qualité de représentants élus de leurs communau- tés et en tant que citoyens de leurs pays respectifs.

98. Promouvoir la participation des femmes roms à la vie publique et politique ; les femmes roms devraient être en mesure de participer, sur un pied d’égalité avec les hommes, aux mécanismes consultatifs et autres destinés à améliorer l’accès à tous les domaines de la vie publique et politique.

Le Conseil ministériel (...),

Résolu à renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, (…)

7. Encourage les États participants à renforcer leurs efforts visant à faire activement participer les communautés roms et sintis à l’élaboration des politiques les concernant et à promouvoir une par- ticipation effective des Roms et des Sintis à la vie publique et politique ; (…)

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis) 4

Le Conseil ministériel (...),

203 4.2.2 Participation réelle à la vie publique et politique

Reconnaissant que l’éducation est essentielle pour ouvrir des possibilités accrues de participation égale à la vie sociale, politique, économique et culturelle pour les Roms et les Sintis, et notamment les femmes, les jeunes et les enfants roms et sintis, en particulier les filles, aux fins de l’exercice de leurs droits et de la promotion de leur pleine insertion,

Convaincu que les États participants devraient s’efforcer d’offrir aux Roms et aux Sintis des possi- bilités de contribuer aux politiques qui les touchent et que les Roms et les Sintis devraient être des partenaires et partager la responsabilité dans la mise en œuvre des politiques conçues pour pro- mouvoir et faciliter leur intégration,

Reconnaissant que les droits des femmes roms et sintis et l’égalité entre les hommes et les femmes, en particulier, doivent être soutenus et favorisés par les politiques et les institutions étatiques, avec la participation active des femmes roms et sintis, (…)

2.7 En renforçant la participation des Roms et des Sintis à l’élaboration, à la mise en œuvre et à l’évaluation des politiques qui les touchent, et notamment en favorisant une participation poli- tique des Roms et des Sintis et en fournissant un appui pour l’éducation des électeurs parmi les Roms et les Sintis ; (…) 2.11 En prenant les mesures nécessaires pour accroître la participation et l’implication actives des Roms et des Sintis dans la promotion de leur insertion sociale ; (…)

4. De prendre des mesures actives pour soutenir l’autonomisation des femmes roms et sintis, notamment : 4.1 En intensifiant les efforts qu’ils déploient pour faire en sorte que les femmes roms et sintis puissent jouir de leurs droits de l’homme et les exercer et en accroissant les efforts de lutte contre la discrimination à leur égard à tous les niveaux, y compris, si nécessaire, dans les domaines de l’en- seignement, de l’emploi, des soins de santé et du logement, et en engageant un partenariat avec les organisations roms et sintis de la société civile et avec les Roms et les Sintis à cette fin ; 4.2 En favorisant une participation efficace et égale des femmes roms et sintis à la vie publique et politique, grâce notamment à la promotion de l’accès des femmes à la fonction publique, à l’ad- ministration publique et aux postes de décision ; 4.3 En encourageant l’égalité d’accès des femmes roms et sintis aux possibilités d’emploi, de stage et de mentorat ; (…)

204 4.2.3 Accès à l’éducation

4.2.3 Accès à l’éducation

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

V. Amélioration de l’accès à l’éducation

L’éducation est un préalable à la participation des Roms et des Sintis à la vie politique, sociale et économique de leurs pays respectifs sur un pied d’égalité avec les autres. L’adoption de mesures vigoureuses et immédiates dans ce domaine, en particulier pour favoriser la fréquentation scolaire et lutter contre l’analphabétisme, devrait bénéficier de la priorité la plus élevée de la part tant des décideurs que des communités roms et sintis. Les politiques d’éducation devraient viser à inté- grer les Roms et les Sintis dans l’enseignement ordinaire en leur permettant d’y accéder pleine- ment et sur un pied d’égalité à tous les niveaux, tout en restant sensible aux différences culturelles.

Mesures recommandées aux États participants :

67. Veiller à ce que la législation nationale comporte des dispositions adéquates qui bannissent la ségrégation et la discrimination raciales dans l’enseignement et prévoie des recours efficaces contre les violations de cette législation.

68. Consulter les représentants des Roms et des Sintis lors de la mise au point des politiques d’édu- cation qui les concernent.

69. Favoriser activement l’égalité des chances dans le domaine de l’éducation en faveur des enfants roms et sintis, notamment en leur fournissant une aide d’ordre linguistique ou autre.

70. Prendre des mesures spéciales en vue d’améliorer la qualité et l’efficacité de l’enseignement dispensé aux enfants roms et sintis. Encourager une représentation accrue des Roms et des Sin- tis parmi les enseignants.

71. Faire figurer l’histoire et la culture roms dans les manuels scolaires, en accordant une atten- tion particulière à ce qu’ont vécu les Roms et les Sintis pendant l’Holocauste. 4 72. Envisager de prendre des mesures destinées à assurer le respect, la protection et la promotion du romani et de son enseignement, ainsi que de la culture rom en tant que partie intégrante du patrimoine culturel rom et sinti.

73. Élaborer et mettre en œuvre des vastes programmes de déségrégation scolaire visant à (1) à mettre fin à la pratique qui consiste à orienter systématiquement les enfants roms vers des écoles ou des classes spéciales (par exemple, des écoles pour handicapés mentaux ou des écoles et des classes destinées exclusivement aux enfants roms et sintis) ; et (2) à transférer les enfants roms d’écoles spéciales dans des écoles ordinaires.

74. Allouer des ressources financières pour le transfert des enfants roms dans l’enseignement ordi- naire et pour l’élaboration de programmes de soutien scolaire destinés à faciliter le passage à l’en- seignement ordinaire.

75. Faciliter l’accès des enfants roms à l’enseignement ordinaire en prenant des mesures consis- tant par exemple :

205 4.2.3 Accès à l’éducation

(a) A éliminer les manifestations de préjugés à l’encontre des Roms et des Sintis dans les écoles ; (b) A former les éducateurs à l’enseignement multiculturel et à la façon de traiter les classes plu- riethniques ; (c) A élaborer des stratégies visant à obtenir un soutien plus étendu de la communauté en faveur de la déségrégation scolaire ; (d) A fournir un appui pour combler le fossé entre les enfants roms et sintis et les autres élèves, notamment grâce à des programmes préscolaires destinés à préparer les enfants roms et sintis à l’école primaire ; (e) A fournir un soutien pour accroître le nombre des médiateurs/instructeurs et des enseignants issus des communautés roms.

76. Élaborer et mettre en œuvre des programmes d’enseignement antiracistes à l’intention des écoles et des programmes contre le racisme à l’intention des médias.

77. Élaborer des politiques abordant tout l’éventail des facteurs qui contribuent à une faible fré- quentation scolaire des enfants roms et sintis. Il s’agit, notamment, de faire en sorte que les familles roms et sintis disposent, comme les autres, de la documentation nécessaire pour les inscriptions.

78. Envisager d’élaborer des programmes de soutien social en faveur des familles roms à faible revenu qui ont des enfants d’âge scolaire.

79. Favoriser une fréquentation scolaire régulière des enfants roms et sintis, grâce notamment à une participation de la famille et des médiateurs sociaux, à la promotion de la sensibilisation des parents et des notables des communautés roms et sintis à la responsabilité qu’ils ont de faciliter la fréquentation scolaire des enfants et, en particulier, à un accès égal à l’enseignement pour les filles.

80. Veiller avec une attention particulière à offrir aux jeunes filles roms et sintis des chances égales en matière d’enseignement et d’insertion sociale, et élaborer des programmes destinés à remédier à leur taux d’abandon scolaire particulièrement élevé.

81. Envisager d’élaborer des programmes appropriés à l’intention de ceux qui n’ont pas achevé l’école primaire ou qui sont illettrés.

82. Élaborer, au besoin, des programmes de bourses à l’intention des étudiants roms et encoura- ger ceux-ci à participer davantage aux programmes de bourses existants.

83. Encourager l’initiation à l’informatique des Roms et des Sintis grâce à la création de sites web d’information.

84. Évaluer périodiquement l’efficacité des politiques d’éducation.

Le Conseil ministériel (...),

Résolu à renforcer les efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE,

206 4.2.3 Accès à l’éducation

1. Invite instamment les États participants à assurer un accès égal à l’éducation et à promouvoir l’éducation précoce des enfants roms et sintis, en tant qu’instrument pour prévenir l’exclusion et la marginalisation sociales et assurer une amélioration durable de la situation des Roms et des Sintis. Dans ce contexte, souligne que les politiques éducatives devraient s’efforcer d’intégrer les Roms et les Sintis dans l’enseignement ordinaire ;

3. Invite les États participants, en coopération avec les Roms et les Sintis, à intensifier leurs efforts de sensibilisation des Roms et des Sintis à l’importance de la scolarisation et de la fréquentation scolaire continue ; (…)

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis)

Le Conseil ministériel (...),

7. Encourage les États participants à traiter de façon approfondie la question de l’éducation pré- coce pour les Roms et les Sintis, en veillant tout particulièrement à assurer un accès égal à l’édu- cation et en intégrant les Roms et les Sintis dans l’enseignement ordinaire ;

Kiev 2013 (Décision no 4/13 sur le renforcement des efforts de l’OSCE dans l’application du Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE, un 4 accent particulier étant mis sur les femmes, les jeunes et les enfants roms et sintis) (…)

Considérant que les jeunes et les enfants roms et sintis constitueront à l’avenir les principales parties prenantes dans la promotion de l’insertion des Roms et des Sintis ainsi que de leurs communau- tés, de même que dans celle de leur pleine participation à la vie sociale, civique, politique, écono- mique et culturelle des sociétés dans lesquelles ils vivent,

207 4.2.4 Questions socio-économiques

Demande aux États participants :

3. De cibler leurs efforts et les ressources nécessaires sur l’éducation en tant que facteur important pour améliorer la situation des Roms et des Sintis et promouvoir leur intégration sociale et écono- mique accrue par des moyens qui pourraient consister notamment : 3.1 À prendre des mesures actives pour assurer l’égalité d’accès et la participation des jeunes et des enfants roms et sintis à tous les niveaux de l’enseignement public, notamment aux niveaux de l’en- seignement pré-primaire, primaire et secondaire ; 3.2 À s’attaquer au taux élevé d’abandon scolaire des élèves roms et sintis des écoles secondaires et à prêter dûment attention aux problèmes particuliers que rencontrent les filles roms et sintis à cet égard, tout en prenant des mesures actives pour encourager la participation des jeunes roms et sintis aux niveaux supérieurs d’enseignement ; 3.3 À favoriser un accès accru des élevés roms et sintis à l’enseignement tertiaire et à prendre des mesures appropriées pour qu’ils puissent s’y inscrire plus facilement, notamment par le biais de programmes de bourses ; 3.4 À promouvoir l’établissement de programmes d’intégration des Roms et des Sintis aux niveaux national et local, et notamment de programmes d’enseignement et de cours supplémentaires por- tant entre autres sur la culture et l’histoire des Roms et des Sintis ; 3.5 À redoubler d’efforts en vue d’éliminer la ségrégation des Roms et des Sintis dans l’enseigne- ment à tous les niveaux ;

4.4 En ciblant, s’il y a lieu, des mesures particulières sur la promotion de l’égalité d’accès et la par- ticipation des filles roms et sintis à l’enseignement à tous les niveaux ;

4.2.4 Questions socio-économiques

Istanbul 1999 (Déclaration du Sommet)

31. (...) Nous soulignons qu’il faut porter l’attention voulue aux problèmes de l’exclusion sociale des Roms et des Sintis. Ces questions relèvent en premier lieu de la responsabilité des États par- ticipants concernés.

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Conditions de logement et de vie Mesures recommandées aux États participants :

43. Mettre en place des mécanismes et des procédures institutionnelles pour préciser les droits de propriété, régler les questions de possession et régulariser le statut juridique des Roms et des Sintis vivant dans des conditions de légalité incertaines (par exemple, quartiers roms sans titres fonciers ou non englobés dans les plans d’urbanisme de la localité principale ; familles et logements sans statut de résidence légale dans des établissements où les gens vivent de facto depuis des décennies).

44. Associer les Roms et les Sintis à la définition des politiques de logement et aux projets de construc- tion, de revitalisation et/ou d’entretien de logements sociaux qui leur sont destinés. Veiller à ce que les projets immobiliers ne favorisent pas la ségrégation ethnique et/ou raciale.

208 4.2.4 Questions socio-économiques

45. Envisager la possibilité de garantir des prêts aux États participants, qui pourront provenir d’or- ganisations internationales et d’institutions financières, en faveur des projets de logements desti- nés aux groupes sociaux à faibles revenus.

46. Promouvoir l’option des programmes de logement en copropriété pour les communautés roms et dispenser une formation appropriée à l’entretien des installations.

Chômage et problèmes économiques

Mesures recommandées aux États participants :

48. Favoriser une représentation accrue des Roms et des Sintis qualifiés dans les emplois publics.

49. Établir des programmes de formation afin de préparer les groupes sous-représentés comme les Roms et les Sintis à occuper un emploi dans l’administration publique locale et dans d’autres secteurs, et élaborer des politiques pour encourager l’emploi des diplômés de ces programmes comme fonctionnaires.

50. Réévaluer l’impact des programmes d’emplois subventionnés, en accordant une attention par- ticulière à leur volet formation, afin de veiller à ce que celui-ci vise à accroître la compétitivité des Roms et des Sintis sur le marché du travail.

51. Élaborer des politiques et des programmes, notamment en matière de formation professionnelle, pour améliorer les compétences monnayables et l’employabilité des Roms et des Sintis, en parti- culier des jeunes et des femmes.

52. Adopter des politiques sociales renforçant les incitations à recherche un emploi, en tant que moyen d’éviter durablement une dépendance à l’égard des prestations sociales.

Soins médicaux

Mesures recommandées aux États participants :

58. Veiller à ce que les Roms et les Sintis aient accès aux soins médicaux de manière non discri- minatoire. 4 59. Favoriser la sensibilisation aux besoins particuliers de la population rom et sinti parmi le per- sonnel de santé.

60. S’attaquer au problème de l’incidence élevée de la maladie et de la malnutrition parmi les com- munautés roms.

61. Encourager l’accès des Roms et des Sintis aux services généraux de santé publique à un stade précoce grâce aux mesures suivantes : (a) Informer les Roms et les Sintis de l’existence de ces services et leur dire comment s’en prévaloir ; (b) Accroître la confiance des Roms et des Sintis dans les prestataires publics de soins médicaux, notamment en punissant les cas de discrimination directe ou indirecte dont ont été victimes des Roms et des Sintis ; en formant les agents de santé afin qu’ils comprennent les aspects pertinents de la culture rom ; et en soutenant les médiateurs qui peuvent jouer un rôle important dans le com- blement du fossé entre les communautés roms et les prestataires publics de services médicaux.

209 4.2.5 Racisme et discrimination

62. Accorder une attention particulière à la santé des femmes et des jeunes filles grâce, notam- ment, aux mesures suivantes : (a) Promouvoir et/ou élaborer des programmes visant à fournir des informations sur les soins médi- caux (y compris la nutrition, les soins néonatals et la violence domestique, etc.) ; (b) Améliorer l’accès aux soins gynécologiques, y compris les services de soins prénatals, d’accouche- ment et de soins postnatals, grâce, notamment, à la fourniture de renseignements et de formations.

63. Accorder une attention particulière à la santé des enfants roms et sintis, grâce à la fourniture de soins pédiatriques appropriés, y compris les mesures préventives consistant, par exemple, à pro- poser des vaccinations dans les établissements roms.

4.2.5 Racisme et discrimination

A. Lutte contre le racisme et les stéréotypes

Copenhague 1990

(40) Les États participants condamnent clairement et sans équivoque le totalitarisme, la haine raciale et ethnique, l’antisémitisme, la xénophobie et toute discrimination contre quiconque, ainsi que toute persécution pour des raisons religieuses et idéologiques. Dans ce contexte, ils reconnaissent en outre les problèmes spécifiques des Roms (gitans).

Genève 1991 (VI)

210 4.2.5 Racisme et discrimination

Istanbul 1999 (Déclaration du Sommet)

31. Nous déplorons les actes de violence et autres manifestations de racisme et de discrimination à l’encontre des minorités, y compris des Roms et des Sintis. (...)

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Législation et mesures visant à en assurer le respect

Mesures recommandées aux États participants :

7. Envisager de ratifier dès que possible, s’ils ne l’ont pas déjà fait, les traités internationaux appro- priés, notamment la Convention internationale sur l’élimination de toutes les formes de discri- mination raciale. (…)

14. S’employer, en encourageant un dialogue ou des consultations dignes de ce nom, ou par d’autres moyens appropriés, à améliorer les relations entre les Roms et les Sintis et le reste de la population, afin de promouvoir la tolérance et de surmonter les préjugés et les stéréotypes de part et d’autre.

(...) Police

Mesures recommandées aux États participants :

26. Élaborer des politiques visant à sensibiliser davantage les institutions chargées de l’applica- tion des lois à la situation des Roms et des Sintis et à lutter contre les préjugés et les stéréotypes. 4 27. Élaborer des programmes de formation visant à prévenir un usage excessif de la force et à pro- mouvoir une meilleure connaissance et le respect des droits de l’homme.

28. Élaborer des politiques destinées : (1) à améliorer les relations entre les communautés roms et sintis et la police, afin de prévenir les abus et la violence policière à l’égard des Roms et des Sin- tis ; et (2) améliorer la confiance dans la police parmi les Roms et les Sintis. (…)

30. Évaluer le décalage entre les normes internationales et les pratiques nationales actuelles en matière de police en consultation avec les forces nationales de police, les ONG et les représen- tants des communautés roms et sintis.

31. Élaborer, le cas échéant et en partenariat étroit avec les organisations internationales et les ONG roms, des déclarations de politique générale, des codes de conduite, des manuels de recommanda- tions pratiques et des programmes de formation.

211 4.2.5 Racisme et discrimination

32. Encourager les Roms et les Sintis à travailler dans des institutions chargées de l’application des lois en tant que moyen durable de promouvoir la tolérance et la diversité.

Médias

Mesures recommandées aux États participants :

36. Lancer des campagnes d’information et de sensibilisation dans le but de lutter contre les pré- jugés et les stéréotypes concernant les Roms et les Sintis. (…)

38. Encourager les médias à montrer les aspects positifs de la vie des Roms et à en présenter un tableau équilibré, à éviter les stéréotypes roms et sintis et à s’abstenir d’attiser les tensions entre les divers groupes ethniques. Organiser des tables rondes entre représentants des médias et repré- sentants des Roms et des Sintis afin de promouvoir ces objectifs.

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis)

Le Conseil ministériel (...),

Préoccupé par le fait que les Roms et les Sintis font partie des communautés qui continuent d’être touchées par le racisme et la discrimination et que les préjugés et les manifestations violentes d’in- tolérance à l’égard des Roms et des Sintis se sont accrus, (…)

3. Exhorte les États participants à intensifier leurs efforts pour promouvoir la tolérance et lutter contre les préjugés à l’égard des Roms et des Sintis afin d’éviter un accroissement de leur margi- nalisation et de leur exclusion (...) ;

4. Invite les États participants à (...) promouvoir le dialogue entre les peuples rom et sinti et le reste de la société afin de sensibiliser davantage au rôle que l’intolérance et la discrimination peuvent jouer en menaçant la cohésion sociale, la stabilité et la sécurité ; (…)

Notant (...) que les femmes et les filles roms et sintis sont particulièrement vulnérables à de mul- tiples formes de discrimination ainsi qu’à la violence et au harcèlement, (…)

Demande aux États participants : (…)

212 4.2.5 Racisme et discrimination

2. D’éviter que les Roms et les Sintis ne continuent à être marginalisés et exclus et de s’attaquer à la montée de la discrimination et des manifestations violentes d’intolérance à l’égard des Roms et des Sintis, y compris les migrants roms et sintis : 2.1 En renforçant les efforts qu’ils déploient pour promouvoir la tolérance et lutter contre les pré- jugés à l’égard des Roms et des Sintis ; 2.2 En condamnant sans équivoque et publiquement toute violence visant les Roms et les Sintis ; 2.3 En luttant contre les stéréotypes négatifs des Roms et des Sintis dans les médias, compte tenu des engagements pertinents de l’OSCE en matière de liberté des médias ; (…) 2.8 En favorisant un dialogue inclusif au sein de la société afin de sensibiliser davantage au rôle que l’intolérance et la discrimination à l’égard des Roms et des Sintis peuvent jouer en menaçant la cohésion, la stabilité et la sécurité de la société ; 2.9 En s’attaquant aux causes profondes de la discrimination et de l’intolérance à l’égard des Roms et des Sintis, grâce notamment à un renforcement des efforts globaux d’éducation et de sensibili- sation visant à lutter contre les préjugés et à promouvoir le respect et la compréhension mutuels ;

B. Protection contre les crimes de haine

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Législation et mesures visant à en assurer le respect 9. (...) la législation en matière de lutte contre la discrimination devrait : (…) • Imposer des peines plus lourdes pour les crimes à motivation raciale commis tant par des per- sonnes privées que par des agents publics ; • Garantir l’égalité d’accès à des recours efficaces (juridiques, administratifs, procédures de conci- liation ou de médiation).

11. Créer, selon qu’il conviendra, des institutions spécialisées pour assurer la mise en œuvre d’une 4 telle législation, ainsi que des mécanismes internes pour suivre les progrès accomplis à cet égard et en rendre compte régulièrement et de manière transparente. Encourager la participation de représen- tants des Roms et des Sintis à de tels organes, dont les travaux devraient être accessibles au public. (…)

16. Enquêter, de manière énergique et efficace, sur les actes de violence commis à l’encontre des Roms et des Sintis, en particulier lorsque l’on peut raisonnablement penser qu’il s’agissait d’actes à motivation raciale, et poursuivre les responsables, conformément au droit interne et aux normes pertinentes en matière de droits de l’homme.

17. Veiller à ce que les auteurs d’actes discriminatoires ou violents ne restent pas impunis, notam- ment en faisant en sorte que la police mène des enquêtes et prenne des mesures punitives rapide- ment et de manière efficace.

18. Faciliter l’accès des Roms et des Sintis à la justice par des mesures comme l’aide juridique et la fourniture d’informations en romani.

213 4.2.5 Racisme et discrimination

Police

Mesures recommandées aux États participants : (…)

27. Élaborer des programmes de formation visant à prévenir un usage excessif de la force et à pro- mouvoir une meilleure connaissance et le respect des droits de l’homme.

29. Élaborer des politiques et des procédures visant à assurer une réaction efficace de la police aux actes de violence à motivation raciale contre les Roms et les Sintis.

Athènes 2009 (Décision N° 8/09 sur le renforcement des efforts déployés par l’OSCE pour assurer une intégration durable des Roms et des Sintis)

Le Conseil ministériel (...),

3. Exhorte les États participants à intensifier leurs efforts pour promouvoir la tolérance et lutter contre les préjugés à l’égard des Roms et des Sintis afin d’éviter (...) la montée des manifestations violentes d’intolérance à l’égard des Roms et des Sintis ainsi que de condamner sans équivoque et publiquement toute violence à l’égard des Roms et des Sintis, et à prendre toutes les mesures nécessaires pour assurer l’accès à des recours efficaces, conformément aux procédures judiciaires, administratives, de médiation et de conciliation nationales, ainsi qu’à assurer la coordination entre les autorités compétentes à tous les niveaux à cet égard ; (…)

214 4.2.6 Situations de crise et de post-crise

2.4 En promulguant ou en renforçant, si nécessaire, la législation et les mesures de politique géné- rale visant à s’attaquer à la discrimination et à la criminalité motivée par des préjugés à l’égard des Roms et des Sintis ; 2.5 En rendant les organismes et les agents de répression mieux à même d’identifier les crimes de haine contre les Roms et les Sintis, de rassembler des données les concernant, d’enquêter à leur sujet et de poursuivre leurs auteurs ; 2.6 En prenant les mesures nécessaires pour faire en sorte que les victimes de discriminations et de manifestations violentes d’intolérance à l’égard des Roms et des Sintis aient accès à des recours efficaces, par le biais de procédures judiciaires, administratives, de médiation et de conciliation ; (…) 2.10 En soutenant la société civile dans les efforts qu’elle déploie pour représenter les Roms et les Sintis victimes de crimes de haine et de discrimination et pour leur prêter assistance ; 2.11 En prenant les mesures nécessaires pour accroître la participation et l’implication actives des Roms et des Sintis dans la promotion de leur insertion sociale ; 2.12 En prenant des mesures pour assurer la sécurité, le le bien-être et la santé des femmes, des jeunes et des enfants roms et sintis, et notamment en s’attaquant à la violence domestique, aux mariages précoces et à la traite des êtres humains, y compris, si nécessaire, en donnant accès à une aide à la réinsertion ;

4.2.6 Situations de crise et de post-crise

Maastricht 2003 (Annexe à la Décision N° 3/03 : Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

VII. Roms et les Sintis dans des situations de crise et d’après crise (…) 4 Mesures recommandées aux États participants :

107. Prendre l’avis des populations roms et sintis lors de la définition des situations de crise afin de faciliter les procédures adéquates, d’identifier les régions géographiques spécifiques d’où fuient les réfugiés et les personnes déplacées et de veiller à ce qu’il soit tenu compte de la situation par- ticulière des Roms et des Sintis.

108. Veiller à dûment enregistrer les populations roms et sintis en situation de déplacement forcé (réfugiés et personnes déplacées à l’intérieur de leur pays) et à leur fournir les documents nécessaires.

109. Les États participants devraient veiller à ce que des programmes soient en place pour permettre aux réfugiés et aux personnes déplacées roms et sintis de prendre en connaissance de cause une décision concernant des solutions durables à leur situation, notamment pour ce qui est de l’exer- cice de leurs droits à un retour sûr, dans la dignité et durable. Ces programmes devraient fournir

215 4.3 Populations autochtones

aux réfugiés et aux personnes déplacées à l’intérieur de leur pays des informations concrètes sur chacun de leurs sujets de préoccupation et être disponibles dans les langues appropriées.

110. Faire en sorte que les réfugiés roms et sintis soient traités conformément aux normes et aux standards internationaux en matière de protection, et d’une manière non discriminatoire.

111. Tirer parti du rôle du BIDDH dans le domaine de la prévention des conflits et de l’identifi- cation des régions dans lesquelles une intervention précoce s’impose, et faire appel à l’expérience du HCMN de l’OSCE à cet égard.

112. Accorder une attention particulière aux besoins des femmes et des enfants roms et sintis dans les situations de crise et d’après crise, notamment en leur donnant accès aux soins de santé, à des logements et à l’éducation.

4.3 Populations autochtones

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants,

(29) Notant que les personnes appartenant à des populations autochtones peuvent rencontrer des problèmes particuliers dans l’exercice de leurs droits, conviennent que les engagements auxquels ils ont souscrit dans le cadre de la CSCE s’agissant des droits de l’homme et des libertés fonda- mentales s’appliquent pleinement et sans discrimination à ces personnes.

4.4 Réfugiés, personnes déplacées, retour des migrants et apatrides

Voir aussi II. 3.1.11 : Liberté de mouvement, contacts humains et regroupement familial II. 3.1.13 : Droit à la nationalité II. 4.2 : Roms et Sentis II. 4.5 : Travailleurs migrants II. 7 : Engagements relatifs au droit international humanitaire

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(22) [Les États participants] (...) autoriseront tous les réfugiés qui le désirent à retourner chez eux en toute sécurité.

Helsinki 1992 (Déclaration du sommet)

14. En temps de conflit, la satisfaction des besoins fondamentaux de l’être humain est en grand péril. (...) Nous avons conscience que les problèmes de réfugiés causés par ces conflits exigent notre coopération à tous. Nous exprimons notre soutien et notre solidarité aux pays auxquels les pro- blèmes de réfugiés résultant de ces conflits imposent la plus lourde charge. Dans ce contexte, nous reconnaissons qu’une coopération et une action concertée s’imposent.

216 4.4 Réfugiés, personnes déplacées, retour des migrants et apatrides

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants,

(39) Expriment leur inquiétude au sujet du problème des réfugiés et des personnes déplacées ;

(40) Soulignent qu’il est important de prévenir les situations susceptibles de provoquer des flux massifs de réfugiés et de personnes déplacées et insistent sur la nécessité de définir et d’étudier les causes fondamentales des déplacements et des migrations involontaires ;

(41) Reconnaissent que le cas des réfugiés et des personnes déplacées qui affluent massivement doit faire l’objet d’une coopération internationale ;

(42) Reconnaissent que le déplacement est souvent le résultat de violations des engagements de la CSCE, y compris de ceux qui intéressent la dimension humaine ;

(43) Réaffirment l’importance des normes et instruments internationaux en vigueur pour la pro- tection des réfugiés et l’aide à leur apporter et envisageront d’adhérer à la Convention relative au statut des réfugiés et au Protocole qui s’y rattache, s’ils ne sont pas encore parties à ces instruments ;

(44) Reconnaissent le rôle important que jouent le Haut-Commissaire des Nations Unies pour les réfugiés et le Comité international de la Croix-Rouge, ainsi que les organisations humanitaires non gouvernementales, lorsqu’il s’agit d’assurer protection et assistance aux réfugiés et aux per- sonnes déplacées ;

(45) Notent avec satisfaction et appuient les mesures unilatérales, bilatérales et multilatérales prises pour assurer protection et assistance aux réfugiés et aux personnes déplacées dans le but de trou- ver des solutions durables ;

Stockholm 1992 (Décisions : 2. La CSCE en tant que communauté de valeurs

Le problème de plus en plus grave des réfugiés et des personnes déplacées préoccupe au plus haut point tous les États participants, en particulier dans le contexte de conflits qui mettent en très grand danger la satisfaction des besoins fondamentaux de l’homme. Les ministres ont déploré la situa- tion critique des populations civiles les plus touchées par de tels conflits et ont exhorté tous les 4 États participants à participer à un effort concerté pour partager le fardeau commun. Tous les gou- vernements sont responsables l’un envers l’autre de leur conduite à l’égard de leurs citoyens et de leurs voisins. Les auteurs de crimes et actes de guerre commis en violation du droit humanitaire international doivent être tenus pour personnellement responsables.

Budapest 1994 (Décisions : VIII. La dimension humaine

32. Les États participants s’inquiètent des mouvements migratoires massifs dans la région de la CSCE, qui font des millions de réfugiés et de personnes déplacées, en raison principalement des guerres et des conflits armés, des guerres civiles et des violations graves des droits de l’homme. (…) ils décident d’élargir leur coopération avec les organismes internationaux appropriés dans ce domaine de la migration. (…)

217 4.4 Réfugiés, personnes déplacées, retour des migrants et apatrides

Lisbonne 1996 (Déclaration du Sommet)

9. Parmi les problèmes aigus relevant de la dimension humaine, les violations continues des droits de l’homme, comme par exemple la migration involontaire (…) continuent à mettre en péril la sta- bilité dans la région de l’OSCE. Nous sommes résolus à continuer de nous attaquer à ces problèmes.

10. Eu égard aux récentes tragédies de réfugiés dans la région de l’OSCE et tenant compte de la question des migrations forcées, nous condamnons à nouveau toute politique de « purification ethnique » ou d’expulsion massive et nous engageons à ne pas recourir à ces pratiques. Nos États faciliteront le retour, dans des conditions de sécurité et de dignité, des réfugiés et des personnes déplacées à l’intérieur d’un pays, conformément aux normes internationales. La réintégration de ces personnes dans leurs lieux d’origine doit être poursuivie sans discrimination.

Istanbul 1999 (Déclaration du Sommet)

(…) Nous sommes résolus à garantir intégralement aux personnes appartenant à des minorités le droit de vote et à faciliter aux réfugiés l’exercice du droit de participer aux élections se tenant dans leur pays d’origine. (…)

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

19. Nous réaffirmons que nous reconnaissons que tout individu a droit à une nationalité et que per- sonne ne devrait être privée arbitrairement de sa nationalité. Nous nous engageons à poursuivre nos efforts pour garantir que tout le monde puisse exercer ce droit. Nous nous engageons aussi à contribuer à assurer la protection internationale des personnes apatrides. (…)

22. Nous rejetons toute politique d’épuration ethnique ou d’expulsion massive. Nous réaffirmons notre engagement à respecter le droit de demander asile et à assurer la protection internationale des réfugiés, conformément à la Convention de 1951 relative au statut des réfugiés et à son Proto- cole de 1967, et à faciliter le retour volontaire, dans la dignité et la sécurité, des réfugiés et des per- sonnes déplacées à l’intérieur d’un pays. Nous poursuivrons, sans discrimination, la réintégration des réfugiés et des personnes déplacées dans leurs lieux d’origine. Afin d’améliorer la protection des civils en temps de conflit, nous rechercherons les moyens de renforcer l’application du droit international humanitaire.

Bucarest 2001 (Annexe à la Décision N° 1 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

15. Règlement de la question des déplacements prolongés : États participants/ODIHR/HCNM/Repré- sentative pour la liberté des médias : Ils étudieront les moyens de rendre l’OSCE mieux à même de contribuer à des solutions durables, en soutenant d’autres organisations concernées, principale- ment le Haut-Commissariat des Nations Unies pour les réfugiés, et en coopérant étroitement avec ces organisations. ls suivront de près les situations de déplacement prolongé. Ils suivront de près les situations de déplacement prolongé.

218 4.4 Réfugiés, personnes déplacées, retour des migrants et apatrides

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

12. S’engage, dans ce contexte, à combattre, sous réserve de la législation nationale et des enga- gements internationaux, la discrimination, là où elle existe, à l’encontre des demandeurs d’asile et des réfugiés, et prie le BIDDH de renforcer ses activités à cet égard ;

13. Prend en considération les Principes directeurs des Nations Unies relatifs au déplacement de per- sonnes à l’intérieur de leur propre pays comme cadre utile aux travaux de l’OSCE et aux efforts des États participants visant à ce que les déplacements internes bénéficient d’une plus grande attention ;

Sofia 2004 (Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes)

Comme le recommandent les Principes directeurs relatifs à la protection internationale sur la per- sécution sexiste au sens de l’article 1A 2) de la Convention de 1951 et du Protocole de 1967 relatif au statut des réfugiés qui s’y rapporte, d’introduire des procédures, si les États ne l’ont pas encore fait, afin de veiller à ce qu’il soit dûment tenu compte des demandes présentées par les femmes dans les procédures de détermination du statut de réfugié et à ce que les recours concernant la per- sécution liée à l’appartenance au sexe féminin soient dûment reconnus ;

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

Hambourg 2016 (Décision N° 3/16 sur le rôle de l’OSCE dans la gouvernance des déplacements massifs de migrants et de réfugiés)

Le Conseil ministériel,

Sachant qu’une migration sûre, ordonnée et régulière offre des avantages et des possibilités subs- tantiels et souvent sous-estimés, tout en notant que la migration irrégulière par déplacements massifs pose souvent des défis complexes, et conscient de la contribution économique et sociale substantielle que les migrants et les réfugiés peuvent apporter à une croissance inclusive et à un développement durable,

Reconnaissant le rôle de chef de file joué par l’Organisation des Nations Unies,

Louant les efforts déployés depuis 2015 par les présidences serbe et allemande de l’OSCE pour s’atta- quer plus efficacement aux problèmes liés à la gouvernance de ces déplacements au sein de l’OSCE,

219 4.5 Travailleurs migrants

Prenant note des nombreuses activités spécifiques en rapport avec la migration et les réfugiés qui ont déjà été entreprises par les structures exécutives de l’OSCE, dans les limites de leurs mandats existants, et par les États participants, sur la base des engagements existants de l’OSCE, des docu- ments pertinents de l’Organisation des Nations Unies et des politiques nationales,

S’appuyant sur les débats approfondis tenus à l’OSCE, en particulier durant les auditions du Groupe de travail informel sur la question de la migration et des flux de réfugiés au printemps de 2016 et lors de la séance spéciale du Conseil permanent de l’OSCE qui a eu lieu le 20 juillet 2016,

1. Prend note des travaux du Groupe de travail informel sur la question de la migration et des flux de réfugiés ainsi que des résultats examinés à la séance spéciale du Conseil permanent de l’OSCE du 20 juillet 2016 ;

2. Encourage les structures exécutives de l’OSCE, dans les limites des mandats existants et des res- sources disponibles, à poursuivre leurs travaux sur la question de la migration, y compris en ren- forçant les activités aboutissant à l’échange des meilleures pratiques et renforçant le dialogue et la coopération avec les partenaires pour la coopération, d’une manière qui complète les activités menées par d’autres organisations et institutions internationales compétentes ;

3. Encourage les États participants à utiliser aussi la plateforme de l’OSCE, y compris ses organes de travail appropriés, pour continuer à s’attaquer aux problèmes liés à la migration là où l’OSCE a développé ses compétences et à améliorer le dialogue sur les questions relatives à la migration en ce qui concerne l’élaboration éventuelle de mesures efficaces et d’approches communes pour les aborder.

4.5 Travailleurs migrants

Voir aussi II. 3.1.11 : Liberté de mouvement, contacts humains et regroupement familial II. 3.2.2 : Droits économiques et sociaux II. 4.2 : Roms et Sentis II. 5.3 : Lutte contre les actes motivés par les préjugés, l’intolérance et la haine

Helsinki 1975 (Coopération dans les domaines de l’économie, de la science et de la technologie et de l’environnement)

Les États participants,

Considérant que les mouvements des travailleurs migrants en Europe ont pris d’importantes dimen- sions et qu’ils constituent un facteur économique, social et humain important, aussi bien dans les pays d’accueil que dans les pays d’origine,

Reconnaissant que les migrations de travailleurs ont également entraîné un certain nombre de pro- blèmes économiques, sociaux, humains et autres aussi bien dans les pays d’accueil que dans les pays d’origine,

Tenant dûment compte des activités dans ce domaine des organisations internationales compé- tentes, notamment de l’Organisation internationale du travail, sont d’avis que les problèmes sou- levés sur le plan bilatéral par la migration des travailleurs en Europe aussi bien qu’entre les États

220 4.5 Travailleurs migrants

participants doivent être traités par les parties directement intéressées, afin de résoudre ces pro- blèmes dans leur intérêt mutuel, en considération des préoccupations de chaque État concerné de tenir dûment compte des nécessités qui résultent de sa situation socio-économique, eu égard à l’obligation de chaque État de se conformer aux accords bilatéraux et multilatéraux auxquels il est partie, et ayant en vue les objectifs suivants : • encourager les efforts des pays d’origine visant à augmenter les possibilités d’emplois pour leurs nationaux sur leur propre territoire, notamment en développant la coopération économique qui se prête à cette fin et qui convient aux pays d’accueil et d’origine intéressés ; • assurer, grâce à la collaboration du pays d’accueil et du pays d’origine, les conditions dans les- quelles le mouvement ordonné des travailleurs pourrait avoir lieu tout en protégeant leur bien- être personnel et social, et organiser, le cas échéant, le recrutement et une préparation élémentaire linguistique et professionnelle des travailleurs migrants ; • assurer l’égalité des droits entre travailleurs migrants et nationaux des pays d’accueil en matière de conditions d’emploi et de travail et en matière de sécurité sociale, et veiller à ce que les tra- vailleurs migrants bénéficient de conditions satisfaisantes de vie et notamment de logement ; • veiller, autant que possible, à ce que les travailleurs migrants puissent avoir les mêmes possibilités que les nationaux des pays d’accueil de trouver d’autres emplois convenables en cas de chômage ; • considérer avec faveur qu’une formation professionnelle soit dispensée aux travailleurs migrants et que, dans la mesure du possible, la langue du pays d’accueil leur soit enseignée gratuitement, dans le cadre de leur emploi ; • confirmer le droit des travailleurs migrants de recevoir, dans la mesure du possible, une infor- mation régulière dans leur propre langue, concernant aussi bien leur pays d’origine que le pays d’accueil ; • assurer aux enfants des travailleurs migrants établis dans le pays d’accueil l’accès à l’enseigne- ment qui y est habituellement dispensé, dans les mêmes conditions qu’aux enfants de ce pays et permettre qu’ils reçoivent en outre un enseignement de la langue, de la culture, de l’histoire et de la géographie de leur pays ; • être conscients de ce que les travailleurs migrants. en particulier ceux qui ont acquis des quali- fications, en retournant dans leur pays après une certaine période. peuvent contribuer à remé- dier à l’insuffisance de la main-d’œuvre qualifiée dans le pays d’origine ; • favoriser, dans toute la mesure du possible, la réunion des travailleurs migrants avec leurs familles ; 4 • considérer avec faveur les efforts déployés par les pays d’origine pour attirer l’épargne des tra- vailleurs migrants, afin d’augmenter dans le cadre de leur développement économique des pos- sibilités appropriées d’emploi, facilitant ainsi la réintégration de ces travailleurs à leur retour.

Madrid 1983 (Coopération dans les domaines de l’économie, de la science et de la technologie et de l’environnement)

Dans le contexte des dispositions de l’Acte final relatives au travail migrant en Europe, les États participants notent que les développements récents de l’économie mondiale ont eu des réper- cussions sur la situation des travailleurs migrants. A cet égard, les États participants expriment le vœu que pays d’accueil et pays d’origine, guidés par un esprit d’intérêt mutuel et de coopération, intensifient leurs contacts afin d’améliorer encore la situation générale des travailleurs migrants et de leurs familles, entre autres en ce qui concerne la protection de leurs droits humains, y com- pris leurs droits économiques, sociaux et culturels, en prenant spécialement en considération les problèmes particuliers des travailleurs migrants de la deuxième génération. Ils s’efforceront aussi

221 4.5 Travailleurs migrants

d’assurer ou de promouvoir, lorsqu’il existe une demande raisonnable, un enseignement adéquat de la langue et de la culture des pays d’origine.

Les États participants recommandent qu’entre autres mesures visant à favoriser la réinsertion éco- nomique et sociale des travailleurs migrants regagnant leurs pays d’origine, soit assuré, par des moyens législatifs appropriés ou des accords réciproques, le paiement des pensions acquises ou prévues dans le cadre du système de sécurité sociale auquel ces travailleurs ont été admis dans le pays d’accueil.

Vienne 1989 (Coopération dans les domaines de l’économie, de la science et de la technologie et de l’environnement)

(40) Les États participants soulignent qu’il importe de mettre effectivement en œuvre les dispo- sitions de l’Acte final et du Document de clôture de Madrid relatives aux travailleurs migrants et à leurs familles en Europe. Ils invitent les pays d’accueil et les pays d’origine à faire des efforts pour améliorer davantage les conditions économiques, sociales et culturelles, et les autres conditions de vie des travailleurs migrants et de leurs familles séjournant légalement dans les pays d’accueil. Ils recommandent que pays d’accueil et pays d’origine intensifient leur coopération bilatérale dans les domaines pertinents de manière à faciliter la réinsertion des travailleurs migrants et de leurs familles lors du retour au pays d’origine.

(41) [Les États participants] (…) examineront favorablement les demandes de réunion des familles et de visites et contacts familiaux concernant les travailleurs migrants originaires d’autres États participants et séjournant légalement dans le pays d’accueil.

(42) Ils veilleront à ce que les travailleurs migrants originaires d’autres pays participants et leurs familles puissent librement jouir de leur culture nationale et la préserver, tout en ayant accès à celle du pays hôte.

(43) Dans le but de garantir aux enfants des travailleurs migrants les mêmes chances qu’aux enfants de leurs propres nationaux d’accéder à l’éducation sous toutes ses formes et à tous les niveaux, les États participants se déclarent prêts à prendre les mesures nécessaires pour permettre une meil- leure utilisation et une amélioration des possibilités d’éducation. En outre, ils encourageront ou faciliteront, en cas de demande raisonnable, la possibilité, pour les enfants de travailleurs migrants, de recevoir un enseignement complémentaire dispensé dans leur langue maternelle.

(44) Ils reconnaissent que les questions relatives aux travailleurs migrants ont une dimension humaine.

Copenhague 1990

(22) Les États participants réaffirment que la protection et la promotion des droits des travailleurs migrants ont leur dimension humaine. Dans ce contexte, (22.1) – ils conviennent que la protection et la promotion des droits des travailleurs migrants concernent tous les États participants, et qu’à ce titre ils devraient être examinés dans le proces- sus de la CSCE ; (22.2) – ils réaffirment leur engagement d’appliquer intégralement dans leur législation nationale les droits des travailleurs migrants prévus dans les accords internationaux auxquels ils sont parties ;

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(22.3) – ils considèrent que, dans les futurs instruments internationaux concernant les droits des tra- vailleurs migrants, ils devraient tenir compte du fait que cette question est importante pour eux tous ;

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous reconnaissons que les questions relatives aux travailleurs migrants et à leur famille résidant légalement dans les pays d’accueil comportent des aspects économiques, culturels et sociaux, ainsi que leur propre dimension humaine. Nous réaffirmons que la protection et la promotion de leurs droits, ainsi que le respect des obligations internationales correspondantes, sont notre préoccu- pation commune.

Moscou 1991

(38) Les États participants reconnaissent la nécessité de veiller à ce que les droits des travailleurs migrants et de leur famille résidant légalement sur le territoire des États participants soient res- pectés et ils soulignent le droit de ces personnes d’exprimer librement leurs caractères ethniques, culturels, religieux et linguistiques. L’exercice de ces droits ne peut faire l’objet de restrictions que si celles-ci sont prévues par la loi et compatibles avec les normes internationales. (38.1) Ils condamnent tous les actes de discrimination fondée sur la race, la couleur ou l’origine ethnique, d’intolérance et de xénophobie commis à l’encontre des travailleurs migrants. Ils pren- dront, conformément à leur législation nationale et à leurs obligations internationales, des mesures efficaces pour promouvoir la tolérance, la compréhension, l’égalité des chances et le respect des droits de l’homme fondamentaux des travailleurs migrants et adopteront, s’ils ne l’ont pas encore fait, des mesures pour interdire tout acte constituant une incitation à la violence, motivé par la dis- crimination, l’hostilité ou la haine de caractère national, racial, ethnique ou religieux. (38.2) Ils adopteront des mesures propres à permettre aux travailleurs migrants de prendre part à la vie de la société des États participants. (38.3) Ils notent que les problèmes concernant la dimension humaine des travailleurs migrants rési- dant sur leur territoire pourraient, comme toute autre question relevant de la dimension humaine, être traités dans le cadre du mécanisme de la dimension humaine.

Helsinki 1992 (Décisions : VI. La dimension humaine) 4 Les États participants,

(36) Réaffirment que les droits de l’homme et les libertés fondamentales sont universels, que les travailleurs migrants doivent aussi en jouir où qu’ils vivent et qu’il importe d’appliquer tous les engagements de la CSCE aux travailleurs migrants et à leur famille résidant légalement sur le ter- ritoire des États participants ;

(37) Contribueront à créer des conditions propres à favoriser une plus grande harmonie dans les relations entre les travailleurs migrants et les autres membres de la société de l’État participant sur le territoire duquel ils résident légalement. A cette fin, ils s’efforceront de proposer entre autres des mesures visant à faciliter aux travailleurs migrants et à leur famille la connaissance de la langue et du mode de vie de l’État participant sur le territoire duquel ils résident légalement pour leur permettre de participer à la vie de la société du pays d’accueil ;

(38) S’efforceront, conformément à leurs politiques et à leur législation internes ainsi qu’à leurs obli- gations internationales, de créer, le cas échéant, des conditions favorables à la promotion de l’égalité

223 4.5 Travailleurs migrants

des chances des travailleurs migrants résidant et travaillant légalement sur leur territoire en ce qui concerne les conditions de travail, l’éducation, la sécurité sociale et les services de santé, le loge- ment et l’affiliation à un syndicat ainsi que les droits culturels.

Budapest 1994 (Décisions : VIII. La dimension humaine

29. Ils ont décidé que des mesures appropriées devraient être prises pour mieux prévenir les attaques racistes et autres manifestations violentes d’intolérance contre les travailleurs migrants et leurs familles. (…)

31. Ils continueront à promouvoir l’intégration des travailleurs migrants dans les sociétés où ces travailleurs résident légalement. Ils reconnaissent que pour être réussie l’intégration doit aussi être souhaitée ardemment par les travailleurs migrants eux-mêmes et ils ont décidé en conséquence de les encourager à cet égard.

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

11. S’engage à lutter contre la discrimination envers les travailleurs migrants. S’engage, en outre, à favoriser l’intégration des travailleurs migrants dans les sociétés où ces travailleurs résident légalement. (...)

Les États participants s’engagent à : (…) • Prendre des mesures, conformément à leur droit interne et aux obligations internationales, de lutte contre la discrimination, l’intolérance et la xénophobie envers les migrants et les tra- vailleurs migrants ; • Envisager d’entreprendre des activités de sensibilisation de l’opinion publique à la contribution enrichissante des migrants et des travailleurs migrants à la société ; (…)

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

224 4.5 Travailleurs migrants

les instruments relatifs aux droits de l’homme, au droit des réfugiés et au droit humanitaire, et les engagements pertinents de l’OSCE ;

Ljubljana 2005 (Décision n° 2/05 sur les migrations)

Le Conseil ministériel,

Réaffirmant les engagements relatifs aux migrations et en particulier concernant les travailleurs migrants, et les autres engagements pertinents (...)

Considérant l’importance croissante des migrations, ainsi que les problèmes qu’elles posent et les atouts qu’elles présentent pour les États participants,

Considérant en outre que les migrations deviennent un phénomène plus diversifié et complexe, qui doit être abordé d’une manière globale et requiert par conséquent une approche transdimen- sionnelle aux niveaux national, régional et international,

Considérant que tous les États devraient adopter des cadres nationaux efficaces pour gérer les migrations, Soulignant que les migrations sont intrinsèquement une question transnationale qui exige une coopération entre États,

Sachant que les migrations constituent un important facteur économique, social et humain pour les pays hôtes ainsi que pour les pays d’origine,

Sachant également que des politiques efficaces d’intégration qui incorporent le respect de la diver- sité culturelle et religieuse ainsi que la promotion et la protection des droits de l’homme et des libertés fondamentales sont un facteur dans la promotion de la stabilité et de la cohésion au sein de nos sociétés, (…)

Se félicitant de la coopération existante entre l’OSCE, en particulier le Bureau des institutions démocratiques et des droits de l’homme (BIDDH) et le Bureau du Coordonnateur des activités éco- nomiques et environnementales, et les organisations et institutions internationales compétentes, 4 Estimant que l’OSCE, dans le cadre de son approche globale de la sécurité, pourrait apporter sa contribution,

entre autres, en : • Œuvrant en synergie avec les organismes internationaux qui s’occupent plus particulièrement des migrations et en instaurant avec ces derniers un partenariat plus solide, • Facilitant le dialogue et la coopération entre États participants, y compris les pays d’origine, de transit et de destination dans l’espace de l’OSCE, ainsi que ses partenaires pour la coopéra- tion et partenaires méditerranéens pour la coopération, • Prêtant son concours aux États participants, à leur demande, pour élaborer des politiques migra- toires efficaces et mettre en œuvre leurs engagements de l’OSCE en la matière, • Invitant les États participants à envisager de devenir parties aux instruments internationaux pertinents,

225 4.5 Travailleurs migrants

Athènes 2009 (Décision n° 5/09 sur la gestion des migrations)

Le Conseil ministériel (...),

Conscient de l’importance croissante d’une gestion efficace de la migration et des avantages qui en découlent pour le développement socio-économique, la cohésion sociale, la sécurité et la stabi- lité de tous les pays, notamment ceux d’origine, de transit et de destination, et reconnaissant plei- nement les droits de l’homme des migrants et des membres de leurs familles,

Soulignant qu’il importe d’intégrer les politiques de migration dans les stratégies économiques, sociales, environnementales, de développement et de sécurité et d’aborder la question de la gestion de la migration selon des approches coopératives, globales et transdimensionelles,

Insistant sur la nécessité de faciliter la migration légale et de lutter contre la migration illégale,

Ayant à l’esprit les différentes approches des questions de migration dans les États participants de l’OSCE, et se fondant sur leurs expériences et meilleures pratiques,

Soulignant la nécessité d’approfondir le dialogue et la coopération à tous les niveaux à l’intérieur des États et entre eux, ainsi qu’avec toutes les parties prenantes concernées, notamment les parte- naires sociaux, les milieux d’affaires, la société civile et le monde universitaire, pour aborder effi- cacement les possibilités et les défis liés à la gestion globale de la migration,

Confirmant que la coopération, le dialogue et l’échange de bonnes pratiques et d’informations sur les questions de gestion de la migration demeurent un élément important du concept global de sécurité de l’OSCE, appuyé selon qu’il convient et dans les limites des mandats, des capacités et des ressources respectifs dans les trois dimensions,

1. Encourage les États participants à continuer de travailler sur la gestion de la migration • en se souciant particulièrement de remédier aux causes profondes de la migration ; • en veillant à ce que leurs pratiques nationales en matière de migration soient conformes à leurs obligations internationales respectives et aux engagements de l’OSCE ; • en élaborant plus avant des politiques et des plans d’action nationaux globaux et efficaces en matière de migration selon qu’il conviendra et en renforçant leur mise en œuvre ; • en améliorant la collecte de données comparables sur la migration, afin de faciliter le dialogue et l’échange des meilleures pratiques au niveau de l’OSCE ; • en favorisant la coopération et les partenariats entre pays d’origine et de destination, en facili- tant des formules efficaces de migration légale, tels que la migration circulaire et autres formes de programmes de mobilité volontaire de la main-d’œuvre, dans l’intérêt du développement des pays d’origine et de destination ; • en respectant les droits de l’homme des migrants et en intensifiant les efforts de lutte contre la discrimination, l’intolérance et la xénophobie à l’égard des migrants et de leurs familles ;

2. Encourage les États participants à incorporer les aspects liés au sexe dans leurs politiques de migration, en prenant note des recommandations du Guide élaboré par l’OSCE sur les poli- tiques de migration tenant compte des différences entre les sexes ;

3. Invite les États participants à améliorer la gestion de la migration grâce à une meilleure cohé- rence entre les politiques migratoires, économiques, sociales, environnementales et de sécurité, par

226 4.6 Personnes en situation de handicap

le biais de consultations, de partenariats et d’une coopération entre gouvernements aux niveaux bilatéral, régional et interrégional, selon qu’il conviendra ;

4. Encourage les États participants à prendre les mesures nécessaires pour réduire autant que possible les incidences négatives de la crise financière et économique mondiale sur les migrants en intensifiant la coopération économique, en créant des conditions attrayantes pour le dévelop- pement de l’investissement et des entreprises et en facilitant les envois de fonds ;

5. Charge le Conseil permanent, ses organes subsidiaires informels et les structures exécutives de l’OSCE, conformément à leurs mandats respectifs dans toutes les dimensions, dans le cadre du concept global de sécurité de l’Organisation et dans les limites des ressources existantes, notamment : • d’offrir une vaste plateforme régionale pour le dialogue sur des questions de migration et de sécurité, à la fois entre les États participants de l’OSCE et entre les États participants et les parte- naires pour la coopération, avec la participation des autres parties prenantes concernées en pleine conformité avec les règles de procédure de l’OSCE ; • De continuer de travailler sur les aspects de la migration liés au sexe ; • d’apporter leur concours aux États participants, à leur demande, pour améliorer la législation en matière de migration et pour élaborer et appliquer des cadres nationaux de politiques effi- caces, en dispensant des conseils et des formations, en coopération avec les organisations inter- nationales et régionales compétentes ; • de contribuer aux efforts internationaux visant à évaluer l’incidence éventuelle de la dégrada- tion de l’environnement sur les pressions migratoires, que les changements climatiques peuvent amplifier, afin d’assurer un meilleur état de préparation dans ce domaine ; • De continuer d’apporter leur concours aux États participants, à leur demande, pour promouvoir une gestion efficace de la migration, y compris en ce qui concerne l’échange des meilleures pra- tiques, et pour faciliter la migration légale et lutter contre la migration illégale, tout en accor- dant une attention particulière à la coopération bilatérale et multilatérale dans ce domaine.

4.6 Personnes en situation de handicap

Moscou 1991 4 (41) Les États participants décident (41.1) – d’assurer la protection des droits de l’homme des personnes handicapées ; (41.2) – de prendre des mesures pour assurer l’égalité des chances pour ces personnes de partici- per pleinement à la vie de leur société ; (41.3) – de promouvoir la participation appropriée de ces personnes à la prise de décisions dans les domaines qui les concernent ; (41.4) – d’encourager les services et la formation de travailleurs sociaux pour la réinsertion pro- fessionnelle et sociale des personnes handicapées ; (41.5) – de promouvoir des conditions favorables permettant l’accès des personnes handicapées aux services et constructions publics, au logement, aux transports, aux activités culturelles et aux loisirs.

227 4.7 Enfants

Milan 2018 (Décision N° 5/18 sur la valorisation du capital humain à l’ère numérique) (…)

4.7 Enfants

Voir aussi II. 3.1.11 : Liberté de mouvement, contacts humains et regroupement familial II. 3.2.4 : Droit à l’éducation II. 4.2 : Roms et Sentis II. 4.4 : Réfugiés, personnes déplacées, retour des migrants et apatrides II. 4.5 : Travailleurs migrants II. 6.2 : Prévention de la traite des êtres humains

Copenhague 1990

(13) Les États participants décident d’attacher une attention particulière à la reconnaissance des droits de l’enfant, de ses droits civils et de ses libertés individuelles, de ses droits économiques, sociaux et culturels, et de son droit à une protection particulière contre toute forme de violence et d’exploitation. Ils envisageront d’adhérer à la Convention sur les droits de l’enfant, s’ils ne l’ont pas encore fait, qui a été ouverte à la signature des États le 26 janvier 1990. Ils reconnaîtront dans

228 4.7 Enfants

leur législation nationale les droits de l’enfant tels qu’ils sont consignés dans les accords interna- tionaux auxquels ils sont parties.

Istanbul 1999 (Déclaration du Sommet)

28. En cette année du dixième anniversaire de l’adoption de la Convention relative aux droits de l’enfant et pour donner effet aux engagements que l’OSCE a pris à Copenhague, nous nous enga- geons à promouvoir activement les droits et intérêts des enfants, spécialement pendant et après les conflits. Nous aborderons régulièrement la question des droits de l’enfant dans le travail de l’OSCE (…) Nous porterons une attention particulière au le bien-être physique et psychologique des enfants participant aux conflits armés ou touchés par ces conflits.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

24. Nous prendrons des mesures visant à (...) mettre fin à la violence exercée contre (...) les enfants de même qu’à l’exploitation sexuelle et à toute forme de trafic d’êtres humains. Afin de prévenir ces crimes, nous encouragerons, entre autres, l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en justice les auteurs de tels actes et améliorer la protection des victimes. Nous mettrons également au point et appliquerons des mesures visant à promouvoir les droits et intérêts des enfants dans les conflits armés et dans les situations d’après-conflit, notamment des enfants réfugiés et déplacés à l’intérieur d’un pays. Nous étudierons les moyens de prévenir l’enrô- lement forcé ou obligatoire de personnes de moins de 18 ans pour participer à des conflits armés.

Bruxelles 2006 (Décision no 15/06 sur la lutte contre l’exploitation sexuelle des enfants)

Le Conseil ministériel,

Reconnaissant que l’exploitation sexuelle des enfants est un problème grave et largement répandu dans la région de l’OSCE et au-delà, aux manifestations multiples et interdépendantes, notamment la prostitution, la pornographie mettant en scène des enfants, la traite d’enfants à des fins d’exploi- tation sexuelle, le tourisme sexuel et les mariages forcés d’enfants,

Reconnaissant que l’exploitation sexuelle des enfants porte atteinte à la dignité humaine et est pré- judiciable à la jouissance des droits de l’homme et des libertés fondamentales, 4 Considérant que l’exploitation sexuelle des enfants constitue un crime grave et abominable, impli- quant dans de nombreux cas le crime organisé, qui doit être prévenu, détecté, poursuivi et sanc- tionné par tous les moyens disponibles,

Soulignant la nécessité de s’attaquer aux nombreux facteurs qui rendent les enfants vulnérables à l’exploitation sexuelle – notamment les disparités économiques, le manque d’accès à l’éducation ainsi que la discrimination, y compris celle fondée sur le sexe – et celle de lutter contre la demande de pornographie mettant en scène des enfants et de tourisme sexuel, et d’empêcher que de tels actes soient commis,

Estimant que l’exploitation sexuelle des enfants s’accroît et se répand par l’utilisation des nouvelles technologies telles qu’Internet, (…)

229 4.7 Enfants

1. Condamne l’exploitation sexuelle des enfants sous toutes ses formes, notamment : (a) Par la prostitution des enfants et la pornographie mettant en scène des enfants, notamment par l’offre, l’obtention, l’acquisition, la fourniture ou le recrutement d’un enfant à de telles fins ou en profitant de l’exploitation d’un enfant à de telles fins ; (b) Lorsqu’il est fait usage de la contrainte, de la force, de la tromperie ou de menaces, d’abus de confiance, d’autorité ou d’influence sur un enfant, ou en proposant ou en donnant de l’argent ou d’autres formes de rémunération/de contrepartie en échange de prestations sexuelles, y com- pris en temps de conflit armé ou de situation post-conflit ; (c) La production, distribution, diffusion ou transmission, l’offre ou autre mise à disposition de toutes les formes de pornographie mettant en scène des enfants (par le biais de systèmes infor- matiques, d’Internet ou autres moyens) ; (d) L’acquisition et la possession délibérées de matériel pornographique mettant en scène des enfants ; (e) La traite d’enfants aux fins d’exploitation sexuelle ;

2. Invite les États participants à mettre leur législation en la matière en conformité avec leurs enga- gements et obligations internationaux pertinents ;

3. Engage les États participants à adopter une approche globale du problème de l’exploitation sexuelle des enfants, en s’attaquant à ses racines et à ses facteurs contributifs, notamment la demande qui alimente toutes les formes d’exploitation sexuelle des enfants, et à élaborer des stratégies exhaustives et proactives ainsi que des mesures visant à prévenir et combattre l’exploitation sexuelle des enfants ;

4. Engage vivement les États participants à prendre toutes les mesures légales pour réprimer l’ex- ploitation sexuelle des enfants, en prévoyant des sanctions efficaces, proportionnées et dissuasives. A cet égard, encourage les États participants à envisager des mesures légales qui leur permettraient d’engager des poursuites à l’encontre de leurs ressortissants pour des infractions sexuelles graves à l’encontre d’enfants, même lorsque que celles-ci sont commises dans un autre pays ;

5. Invite les États participants à renforcer les capacités des services compétents à enquêter de façon proactive et à poursuivre en justice les contrevenants ;

6. Invite les États participants à faciliter la protection juridique, l’assistance, les soins médicaux appropriés, les programmes de réadaptation et de réintégration pour les enfants victimes de l’exploi- tation sexuelle et, s’il y a lieu, à garantir le retour en toute sécurité des enfants victimes de la traite ;

7. Invite les États participants à sensibiliser davantage tous les niveaux de la société au problème de l’exploitation sexuelle des enfants ;

8. Conseille aux États participants d’élaborer des systèmes compatibles et échangeables de consi- gnation de données spécifiques à l’exploitation sexuelle des enfants, en respectant la confidentia- lité des données personnelles, et de promouvoir des mécanismes de collecte exhaustive de données et la recherche sur l’exploitation sexuelle des enfants ;

9. Soutient les mesures prises par les États participants en collaboration avec des organisations non gouvernementales (ONG) et les représentants des secteurs économiques concernés, tels que ceux du voyage, de l’hôtellerie ou des médias, pour éradiquer la demande d’exploitation sexuelle des enfants ;

230 4.7 Enfants

10. Encourage vivement une coopération internationale accrue entre les États participants en matière de détection, d’enquête, de poursuites et de punition des auteurs de l’exploitation sexuelle des enfants ;

11. Recommande aux États participants d’élaborer des programmes de formation portant sur l’ex- ploitation sexuelle des enfants à l’intention des personnels travaillant dans le domaine de la jus- tice, de la police, du tourisme, des transports, de l’action sociale, de la santé, de la société civile, des organisations religieuses et de l’éducation ;

12. Préconise une collaboration, dans le respect de la législation nationale relative à la protec- tion des données personnelles, entre les autorités concernées des États participants et les fournis- seurs de services Internet, les sociétés de cartes de crédit, les banques et autres corporations, ainsi qu’avec les ONG concernées, pour assurer la collecte et la communication des informations rela- tives à l’exploitation sexuelle des enfants ;

13. Recommande la création de services d’assistance par téléphone ou par Internet, éventuellement en collaboration avec des ONG, auxquels il serait possible de communiquer de façon confiden- tielle des cas d’exploitation sexuelle d’enfants, de sorte que ces informations puissent faire l’ob- jet d’une enquête par les services compétents et que les victimes et leur famille puissent recevoir un soutien approprié ; (…)

15. Charge les structures exécutives de l’OSCE d’étudier, dans le cadre de leurs mandats, les moyens d’assurer une formation appropriée et une sensibilisation au problème de l’exploitation sexuelle des enfants à l’intention des responsables de l’OSCE en gardant à l’esprit l’instruction No 11 du Code de conduite des responsables et du personnel de l’OSCE relative à la traite des êtres humains ;

16. Encourage les structures exécutives pertinentes de l’OSCE à accorder, dans le cadre de leurs man- dats actuels, une attention particulière au domaine de l’exploitation sexuelle des enfants, notam- ment en liaison avec la traite des êtres humains, et insiste sur la nécessité pour ces structures ainsi que pour les États participants de coopérer avec les autres organisations internationales, les ONG et la société civile pour lutter contre l’exploitation sexuelle des enfants.

Madrid 2007 (Décision N° 8/07 sur la lutte contre la traite des êtres humains) 4 Le Conseil ministériel (...),

Demande aux États participants : (…)

20. Intensifier les efforts visant à prévenir le travail des enfants, en envisageant de signer et de ratifier la Convention de l’Organisation internationale du travail sur les pires formes de travail des enfants, 1999, s’ils ne l’ont pas déjà fait, et, s’ils y sont déjà parties, en mettant en œuvre ses dispositions ; (…)

231 4.7 Enfants

Madrid 2007 (Décision n° 9/07 sur la lutte contre l’exploitation sexuelle des enfants sur Internet)

Le Conseil ministériel,

Alarmé par le fait que l’essor de l’Internet a entraîné une augmentation substantielle à l’échelle mondiale du visionnage et de la diffusion de pornographie mettant en scène des enfants et de ses profits, notamment pour les organisations criminelles, (…)

Résolu à combattre ce phénomène de plus en plus répandu, notamment en intensifiant l’activité de l’OSCE pour y remédier, décide :

1. D’encourager les États participants qui ne l’ont pas encore fait à créer un centre opérationnel national, ou une autre structure selon qu’il conviendra, pour renforcer la coordination et faire intervenir, dans la mesure du possible, le partenariat public-privé afin de remédier plus efficace- ment aux problèmes liés à l’exploitation sexuelle des enfants ;

2. D’inviter les États participants qui ne l’ont pas encore fait à recueillir et à stocker des informa- tions, conformément aux dispositions nationales relatives à la protection des données personnelles, sur les personnes reconnues coupables d’exploitation sexuelle d’enfants ou de mauvais traitements envers les enfants afin de faciliter l’arrestation des auteurs et le suivi de leur mise à l’épreuve et d’éla- borer, si besoin est, des instruments permettant l’échange d’informations à l’échelle internationale entre organismes chargés de l’application de la loi sur les condamnations et interdictions légales concernant les délinquants sexuels.

3. D’encourager les États participants qui ne l’ont pas encore fait à mettre en place un système qui permette aux organismes chargés de l’application de la loi de coopérer avec les services publics de radiodiffusion et, le cas échéant, de diffuser rapidement une alerte publique lorsqu’un enfant est porté disparu ;

4. De demander instamment aux États participants qui ne l’ont pas encore fait d’envisager d’ériger en infraction pénale l’acquisition et la possession intentionnelles de pornographie mettant en scène des enfants, étant donné que le visionnage et la possession de pornographie mettant en scène des enfants stimulent la croissance de cette industrie illicite ;

5. De préconiser que les États participants qui ne l’ont pas encore fait mettent en place des perma- nences téléphoniques spécifiques pour le signalement de mauvais traitements envers les enfants, notamment l’exploitation sexuelle d’enfants sur l’Internet ;

6. D’inviter les États participants à appuyer, selon qu’il conviendra, le renforcement de la collecte de données et de la recherche sur l’exploitation sexuelle des enfants et la pornographie mettant en scène des enfants sur l’Internet afin de mieux comprendre l’ampleur et les tendances du pro- blème et d’accroître ainsi l’efficacité des programmes pour le combattre ;

7. De préconiser que les États participants, conformément à leur législation nationale relative à la protection des données personnelles, s’emploient, non seulement au niveau national mais égale- ment international, avec les fournisseurs de services Internet, les entreprises de cartes de crédit, les banques et autres sociétés concernées, à prévenir l’utilisation de l’Internet à des fins d’exploita- tion sexuelle des enfants et à limiter les méthodes de paiement afin de rendre le crime moins pro- fitable et de s’attaquer à la demande de pornographie mettant en scène des enfants sur l’Internet ;

232 4.7 Enfants

8. De demander à nouveau aux États participants de faciliter la protection juridique, l’assistance, les soins médicaux appropriés, ainsi que les programmes de réadaptation et de réinsertion pour les enfants victimes d’exploitation sexuelle et, s’il y a lieu, de garantir le retour en toute sécurité des enfants victimes de la traite à l’échelle internationale ;

9. De demander instamment aux États participants de l’OSCE de continuer à améliorer la forma- tion spécialisée des responsables de l’application des lois, des enseignants et des professionnels de santé, selon qu’il conviendra, sur la lutte contre la pornographie mettant en scène des enfants sur l’Internet, notamment en mettant à profit les programmes existants tels que celui proposé par le Centre international pour les enfants disparus et exploités, et charge les structures exécutives de l’OSCE compétentes en la matière de faciliter les contacts à cet égard ;

10. De charger les structures exécutives de l’OSCE compétentes en la matière d’apporter leur concours aux États participants de l’OSCE, à leur demande, pour la mise en œuvre de la présente décision et de la Décision N° 15/06 du Conseil ministériel, dans le cadre des ressources disponibles et sans compromettre les activités existantes ;

11. De charger, dans le cadre des ressources existantes, le Secrétariat de l’OSCE de créer sur le site Web POLIS de son Unité pour les questions stratégiques de police une section multilingue consa- crée à la lutte contre l’exploitation sexuelle des enfants sur l’Internet ; cette section POLIS devrait créer un forum d’experts qui faciliterait l’accès des organismes chargés de l’application de la loi des États participants aux meilleures pratiques et aux techniques ou logiciels d’enquête disponibles et à une assistance pour la rédaction de lois ou à des modèles législatifs, et mettrait à la disposition du public des informations de sensibilisation et des liens ; (…)

Helsinki 2008 (Décision N° 5/08 sur le renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale)

Le Conseil ministériel (...),

7. Appelle les États participants qui ne l’ont pas encore fait à prévoir des mesures spécifiques de pro- tection et d’assistance en faveur des enfants victimes de la traite des êtres humains pendant toute la procédure pénale, conformément aux principes de l’intérêt supérieur de l’enfant, de la non-dis- 4 crimination, de la participation et de la possibilité pour l’enfant d’être entendu ; (…)

Bâle 2014 (Déclaration sur la jeunesse)

Nous (...) rappelons les engagements de l’OSCE concernant la jeunesse et les enfants, qui sont énoncés dans l’Acte final de Helsinki et les autres décisions pertinentes de l’Organisation, et pre- nons note des efforts d’autres organisations internationales, en particulier de l’Organisation des Nations Unies, à cet égard.

Nous reconnaissons que la jeunesse et les enfants demandent une attention particulière et qu’il faudrait répondre à leurs besoins, préoccupations et intérêts d’une manière globale.

Nous reconnaissons le potentiel des jeunes personnes à contribuer au développement économique, politique et social et leur capacité de soutenir les États participants dans la mise en œuvre des enga- gements concernant les trois dimensions de l’OSCE.

233 4.7 Enfants

(…)

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

S’inquiétant particulièrement que des jeunes, y compris des enfants, sont radicalisés au terrorisme et recrutés comme combattants terroristes étrangers, et reconnaissant qu’il importe d’œuvrer avec la jeunesse afin de prévenir et de combattre la radicalisation de jeunes au terrorisme, (…)

Demande aux États participants : (…)

14. De mobiliser les jeunes et de les faire participer à la prévention et à la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, entre autres : (a) En créant un environnement favorable et des possibilités pour que les jeunes participent en s’y impliquant volontairement et librement à la vie publique et à la promotion des droits de l’homme, des libertés fondamentales, des principes démocratiques, de l’état de droit, de la tolérance, de non-dis- crimination du dialogue, du respect mutuel et de la compréhension, et pour que leur accès aux services sociaux soit facilité ; (b) En soutenant les jeunes désireux de contribuer à de tels efforts à travers l’éducation dans les écoles et les établissements d’enseignement supérieur ; (c) En soutenant les initiatives de sensibilisation menées par les jeunes et axées sur eux, notamment par l’intermédiaire de l’Internet et des médias sociaux, pour prévenir et combattre leur radicali- sation au terrorisme et pour promouvoir le respect des droits de l’homme, les libertés fondamen- tales, la tolérance et la non-discrimination ; (d) En promouvant des programmes pour faciliter l’accès des jeunes à l’emploi ;

Belgrade 2015 (Déclaration sur la jeunesse et la sécurité)

Nous (...) rappelons les engagements de l’OSCE concernant la jeunesse qui sont fondés sur les dis- positions pertinentes de l’Acte final de Helsinki.

Nous prenons note des efforts déployés par la présidence actuelle et les présidences précédentes de l’OSCE et insistons sur l’importance de promouvoir la mise en œuvre des engagements de l’OSCE concernant la jeunesse, en particulier dans le domaine de l’éducation, et le rôle que les jeunes peuvent jouer pour aider les États participants à mettre en œuvre les engagements de l’OSCE dans ses trois dimensions.

Nous reconnaissons que la jeunesse et les enfants demandent une attention particulière et qu’il conviendrait de répondre à leurs besoins, préoccupations et intérêts dans leur globalité.

234 4.7 Enfants

Milan 2018 (Décision N° 5/18 sur la valorisation du capital humain à l’ère numérique) (…)

Milan 2018 (Déclaration sur le rôle de la jeunesse dans la contribution aux efforts de paix et de sécurité)

1. Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécu- rité et la coopération en Europe, reconnaissons que la jeunesse occupe une place importante dans 4 la société et qu’elle peut jouer un rôle pour soutenir les États participants dans la mise en œuvre d’engagements dans les trois dimensions.

2. Nous rappelons les engagements de l’OSCE relatifs à la jeunesse, fondés sur les dispositions pertinentes de l’Acte final de Helsinki, de la Déclaration sur la jeunesse adoptée par le Conseil ministériel à Bâle en 2014 et de la Déclaration sur la jeunesse et la sécurité adoptée par le Conseil ministériel à Belgrade en 2015.

3. Nous prenons note des résolutions (...) du Conseil de sécurité des Nations Unies sur le rôle de la jeunesse dans le maintien de la paix et de la sécurité internationales.

4. Nous prenons note des efforts déployés par la présidence actuelle et les présidences précédentes de l’OSCE, ainsi que des travaux menés par les États participants pour faire avancer l’agenda jeu- nesse, paix et sécurité, comme la Conférence de l’OSCE intitulée « Travailler avec la jeunesse pour la jeunesse : renforcer la sécurité et la coopération en ligne », tenue à Malaga (Espagne), les 25 et 26 mai 2017.

235 4.8 Personnel des forces armées

5. Nous avons conscience du rôle que peut jouer la jeunesse dans la contribution à une culture de paix, de dialogue, de justice et de coexistence pacifique, de confiance et de réconciliation.

6. Nous invitons les partenaires pour la coopération à s’associer volontairement à nous pour sous- crire à cette déclaration.

Tirana 2020 (Décision no 6/20 intitulée « Prévenir et combattre la corruption grâce à la transformation numérique et à une transparence accrue ») (…)

1. Demande aux États participants de prévenir et combattre la corruption : (...) (i) En soutenant l’éducation des jeunes, conformément aux systèmes éducatifs nationaux, à l’im- portance de la bonne gouvernance, y compris la transparence, et de l’action de prévention et de lutte contre la corruption, ainsi qu’en favorisant les compétences numériques et en renforçant les mesures de sensibilisation, y compris la promotion de l’action collective et de la collaboration entre les secteurs public et privé et la société civile ;

4.8 Personnel des forces armées

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

27. Chaque État participant veillera à ce que le recrutement ou le rappel de personnel pour affec- tation à ses forces militaires, paramilitaires ou de sécurité soit compatible avec ses obligations et engagements en matière de droits de l’homme et de libertés fondamentales.

32. Chaque État participant fera en sorte que les membres de ses forces militaires, paramilitaires et de sécurité puissent jouir des droits de l’homme et des libertés fondamentales consacrés par les documents de la CSCE et le droit international et exercer ces droits et libertés conformément aux dispositions constitutionnelles et légales pertinentes et compte tenu des nécessités du service.

33. Chaque État participant adoptera des mesures légales et administratives appropriées pour pro- téger les droits de toutes les personnes servant dans ses différentes forces.

236 4.9 Personnes en détention ou emprisonnées

4.9 Personnes en détention ou emprisonnées

Voir aussi II. 2.4 : État de droit II. 3.1.4 : Droit de ne pas être arrêté ou détenu arbitrairement

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

Les États participants (...)

(23.2) – veilleront à ce que toutes les personnes détenues ou incarcérées soient traitées avec huma- nité et avec le respect inhérent à la dignité de la personne humaine ; (23.3) – respecteront l’Ensemble de règles minima des Nations Unies pour le traitement des déte- nus, ainsi que le Code de conduite de l’ONU pour les responsables de l’application des lois ;

Copenhague 1990

(15) Les États participants agiront de manière à faciliter le transfèrement des personnes condam- nées et inviteront les États participants qui ne sont pas parties à la Convention sur le transfère- ment des personnes condamnées, signée à Strasbourg le 21 novembre 1983, à envisager d’y adhérer.

Moscou 1991

(vi) toute personne, arrêtée ou détenue, ait le droit d’informer – ou de demander à l’autorité compétente d’informer – sans délai excessif les personnes de son choix de son arrestation, de sa détention, de son emprisonnement et du lieu où elle se trouve ; toute restriction à l’exercice de ce droit sera prévue par la loi et sera conforme aux normes internationales ; 4 (vii) des mesures efficaces soient adoptées, si tel n’est pas le cas, pour veiller à ce que les auto- rités chargées de l’application des lois ne tirent indûment profit de la situation d’une personne détenue ou emprisonnée pour lui extorquer des aveux, la contraindre à s’accuser de toute autre manière ou à témoigner contre un tiers ; (viii) la durée d’un interrogatoire et les intervalles entre les interrogatoires soient consignés et certifiés conformément à la législation nationale ; (ix) tout détenu – ou son conseil – ait le droit de présenter une requête ou de déposer une plainte au sujet de son traitement, en particulier dans le cas où il aura été victime de tortures ou autres traitements cruels, inhumains ou dégradants, auprès de l’administration du lieu de détention et des autorités supérieures ainsi que, au besoin, auprès des autorités ayant compétence pour procéder à un réexamen ou pour décider de réparations ; (x) une telle demande ou plainte soit examinée rapidement et qu’il y soit donné suite sans retard excessif ; si la demande ou la plainte est rejetée, ou en cas de retard excessif, le plaignant aura la faculté d’en saisir l’autorité judiciaire ou toute autre autorité ; aucune personne détenue ou

237 4.9 Personnes en détention ou emprisonnées

emprisonnée ni aucun plaignant ne subira de préjudice pour avoir formulé une requête ou déposé une plainte ; (…) (23.2) Les États participants (i) s’efforceront de prendre des mesures, si besoin est, pour améliorer les conditions des per- sonnes détenues ou emprisonnées ; (ii) accorderont une attention particulière à la question des peines de substitution.

Bruxelles 2006 (Déclaration de Bruxelles sur les systèmes de justice pénale)

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier (...) leurs efforts pour partager infor- mations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants :

4. (...) droit à une assistance juridique et respect des droits fondamentaux des détenus ;

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

Prenant note du fait que la radicalisation au terrorisme et le recrutement de terroristes peuvent intervenir en prison et affirmant en conséquence qu’il importe d’élaborer et de diffuser, selon qu’il conviendra, des directives internationales concernant la réintégration, la réinsertion et la préven- tion de la radicalisation au terrorisme en prison, (…)

238 4.9 Personnes en détention ou emprisonnées

Tirana 2020 (Décision no 7/20 sur la prévention et élimination de la torture et autres peines ou traitements cruels, inhumains ou dégradants) (…)

Réaffirmant que toutes les personnes privées de liberté doivent être traitées avec humanité, dans le respect de la dignité inhérente à la personne humaine, et conscient qu’il importe que les États par- ticipants continuent de prendre des mesures appropriées pour améliorer les conditions de détention afin de mieux respecter les droits de l’homme et la dignité de ces personnes, notamment en envi- sageant d’appliquer l’Ensemble de règles minima des Nations Unies pour le traitement des déte- nus (Règles Nelson Mandela) ou des normes similaires, (…)

Demande aux États participants : (...)

6. Mettre en œuvre des garanties juridiques et procédurales efficaces à tous les stades de la déten- tion, y compris dès le début de la garde à vue ;

239 5. Engagements relatifs à l’égalité, à la tolérance et à la non-discrimination 5.1 Clauses d’égalité et de non-discrimination

5.1 Clauses d’égalité et de non-discrimination

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1.(a) Déclaration sur les principes régissant les relations mutuelles des États participants ; Principe VII)

Les États participants respectent les droits de l’homme et les libertés fondamentales (…) sans dis- tinction de race, de sexe, de langue ou de religion.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(13.7) – ils garantiront à toutes les personnes se trouvant sur leur territoire et ressortissant à leur juridiction le respect des droits de l’homme et des libertés fondamentales, sans distinction aucune, notamment de race, de couleur, de sexe, de langue, de religion, d’opinion politique ou autre, d’ori- gine nationale ou sociale, de fortune, de naissance ou de toute autre situation ; (13.8) – ils veilleront à ce qu’aucune personne qui exerce, manifeste l’intention d’exercer ou cherche à exercer ces droits et libertés, ni aucun membre de sa famille, ne subisse de ce fait quelque dis- crimination que ce soit ;

Copenhague 1990

(25.3) – les mesures dérogeant à des obligations seront strictement limitées aux exigences de la situation ; (25.4) – ces mesures ne comporteront pas de discrimination uniquement fondée sur la race, la cou- leur, le sexe, la langue, la religion, l’origine sociale ou l’appartenance à une minorité. (…)

(31) Les personnes appartenant à des minorités nationales ont le droit d’exercer pleinement et effec- tivement leurs droits de l’homme et leurs libertés fondamentales, sans aucune discrimination et en pleine égalité devant la loi. 5 Les États participants adopteront, s’il y a lieu, des mesures particulières ayant pour but de garan- tir aux personnes appartenant à des minorités nationales la pleine égalité avec les autres citoyens dans l’exercice et la jouissance des droits de l’homme et des libertés fondamentales.

241 5.2 Égalité des droits entre les hommes et les femmes

5.2 Égalité des droits entre les hommes et les femmes

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

[Les États participants] confirment également qu’il importe d’assurer l’égalité des droits entre l’homme et la femme ; en conséquence, ils conviennent de prendre toutes les mesures nécessaires pour promouvoir une participation également effective des hommes et des femmes à la vie poli- tique, économique, sociale et culturelle.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(15) Les États participants confirment leur détermination de garantir l’égalité des droits entre l’homme et la femme. En conséquence, ils prendront toutes les mesures nécessaires, y compris des mesures législatives, pour promouvoir une participation également effective des hommes et des femmes à la vie politique, économique, sociale et culturelle. Ils examineront la possibilité d’adhé- rer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, s’ils ne l’ont pas encore fait.

Moscou 1991

(40) Les États participants reconnaissent qu’une égalité entière et véritable entre hommes et femmes est un élément fondamental d’une société juste et démocratique basée sur l’État de droit. Ils recon- naissent que le plein épanouissement de la société et le bien-être de tous ses membres exigent que les hommes et les femmes#. A cet égard, (40.1) – veilleront à ce que tous les engagements souscrits dans le cadre de la CSCE au sujet de la protection et de la promotion des droits de l’homme et des libertés fondamentales s’appliquent pleinement et sans discrimination fondée sur le sexe ; (40.2) – se conformeront aux dispositions de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes s’ils sont parties à cette convention et, s’ils ne le sont pas encore, envisageront de ratifier cette convention ou d’y accéder, les États qui ont ratifié la Conven- tion ou qui y ont accédé en formulant des réserves envisageront de les retirer ; (40.3) – s’acquitteront effectivement des obligations contenues dans les instruments internationaux auxquels ils sont parties et prendront des mesures appropriées pour appliquer les dispositions des Stratégies prospectives d’action de Nairobi pour la promotion de la femme ; (40.4) – affirmeront que leur objectif est de parvenir à une égalité des chances qui soit non seu- lement de droit mais aussi de fait entre les hommes et les femmes et prendront effectivement des mesures à cet effet ; (40.5) – établiront ou renforceront, selon le cas, un dispositif national pour la promotion de la femme en vue d’assurer que les programmes et les politiques soient évaluées en fonction de leurs conséquences pour les femmes ; (40.6) – encourageront l’adoption de mesures visant à assurer effectivement l’égalité totale des chances pour les femmes dans le domaine économique, y compris des politiques et des pratiques d’emploi non discriminatoires, l’égalité d’accès à l’enseignement et à la formation et des mesures visant à concilier l’emploi et les responsabilités familiales des hommes et des femmes ; (40.7) – s’efforceront d’éliminer toutes les formes de violence contre les femmes et toutes les formes de traite des femmes et d’exploitation de la prostitution, notamment en assurant l’interdiction légale de tels actes et en prenant toutes autres mesures appropriées ;

242 5.2 Égalité des droits entre les hommes et les femmes

(40.8) – encourageront et faciliteront l’égalité des chances pour les femmes de participer pleine- ment à l’activité politique et à la vie publique sous tous leurs aspects, ainsi qu’au processus de prise de décisions et à la coopération internationale en général ; (40.9) – reconnaîtront le rôle capital des femmes et des associations féminines dans les activités nationales et internationales visant à promouvoir et à consolider les droits des femmes en leur fournissant entre autres des services et un appui directs et en favorisant une coopération effective entre les gouvernements et ces associations dans le but de parvenir à l’égalité pour les femmes ; (40.10) – reconnaîtront la valeur de la contribution des femmes à tous les aspects de la vie politique, culturelle, sociale et économique et feront plus largement connaître cette contribution, y compris dans les secteurs non structuré et non rémunéré ; (40.11) – prendront les mesures pour faciliter l’accès à l’information concernant les femmes et les droits des femmes en vertu du droit international et de la législation interne ; (40.12) – élaboreront des politiques d’éducation compatibles avec leur système constitutionnel pour appuyer la participation des femmes dans tous les domaines des études et du travail, y com- pris dans les domaines non traditionnels, et encourageront et favoriseront une meilleure compré- hension des problèmes relatifs à l’égalité entre les hommes et les femmes ; (40.13) – organiseront la collecte et l’analyse de données pour évaluer correctement, observer et amé- liorer la situation des femmes ; ces données ne devraient contenir aucun renseignement personnel.

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

23. L’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispen- sable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique. Nous nous engageons à faire de l’égalité entre hommes et femmes une partie intégrante de nos politiques, à la fois au niveau de nos États et au sein de l’Organisation. (…)

24. Nous prendrons des mesures visant à éliminer toute forme de discrimination à l’égard des femmes et à mettre fin à la violence exercée contre les femmes et les enfants de même qu’à l’ex- ploitation sexuelle et à toute forme de trafic d’êtres humains.

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

2. Décide d’intensifier les efforts déployés pour renforcer la participation des femmes et leur rôle dans la consolidation de la démocratie et du développement économique et d’envisager d’intégrer les dispositions du Plan d’action de l’OSCE concernant l’égalité entre les sexes, le cas échéant, 5 dans les politiques nationales. Décide, en outre, de redoubler d’efforts pour parvenir à une parité des sexes à tous les niveaux au sein de l’OSCE, en tenant dûment compte, à cet égard, du principe visant à engager du personnel de tous les États participants sur une base équitable. (...)

243 5.2 Égalité des droits entre les hommes et les femmes

Sofia 2004 (Décision N° 14/04 sur le Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes)

Le Conseil ministériel (...),

Reconnaissant que l’égalité des droits entre les femmes et les hommes ainsi que la protection de leurs droits fondamentaux sont essentiels à la paix, à une démocratie durable, au développement écono- mique et, de ce fait, à la sécurité et à la stabilité dans la région de l’OSCE, (…)

Ayant à l’esprit la nécessité qu’une démarche soucieuse de l’égalité entre les sexes soit intégrée de manière appropriée dans les activités menées sous les auspices de l’OSCE et que les États parti- cipants prennent toutes les mesures nécessaires pour accroître la prise de conscience des différences entre les sexes et promouvoir l’égalité des droits et la participation pleine et égale des femmes et des hommes dans la société, l’objectif étant de promouvoir la pratique de l’égalité et d’une démarche soucieuse d’équité entre les sexes‡ dans l’espace de l’OSCE, qui est essentielle à la sécurité globale, (…)

Décide d’approuver le Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes adopté par le Conseil permanent dans sa Décision N° 638 le 2 décembre 2004, et joint en annexe à la présente décision.

Sofia 2004 (Annexe à la décision n° 14/04 : Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes) (…)

3. L’intégration effective d’une démarche soucieuse d’équité entre les sexes* dans le but de parvenir à l’égalité entre les femmes et les hommes est importante si l’on veut utiliser pleinement le capi- tal humain dans l’espace de l’OSCE. L’égalité entre les sexes contribue à la sécurité globale, qui est l’un des objectifs des activités de l’OSCE dans les trois dimensions. L’intégration d’un souci d’équité entre les sexes est l’un des moyens de contribuer à atteindre cet objectif. L’Organisation devrait donc prendre en compte la dimension hommes-femmes dans ses activités, projets et pro- grammes afin de parvenir à l’égalité entre les sexes dans ses propres opérations et dans les États participants. Il est de la responsabilité commune de ces derniers, du Président en exercice, du Secré- taire général et des chefs d’institution et de mission de promouvoir l’égalité entre les femmes et les hommes en tant que partie intégrante des politiques et des pratiques de l’OSCE. Dans le cadre de cet effort, il convient de garder à l’esprit que, si l’égalité entre les sexes devient une réalité dans tous les domaines et à tous les niveaux de la société, tant les hommes que les femmes tireront pro- fit d’un tel changement. (…)

* « Intégrer une démarche soucieuse d’équité entre les sexes, c’est évaluer les incidences pour les femmes et les hommes de toute action envisagée, notamment dans la législation, les politiques ou les programmes, dans tous les secteurs et à tous les niveaux. Il s’agit d’une stratégie visant à incorporer les préoccupations et les expériences des femmes aussi bien que celles des hommes dans l’élaboration, la mise en œuvre, la surveillance et l’évaluation des politiques et des programmes dans tous les domaines – politique, économique et social – de manière que les femmes et les hommes bénéficient d’avantages égaux et que l’inégalité ne puisse se perpétuer. Le but ultime est d’atteindre l’égalité entre les sexes. » Voir les documents officiels de l’Assemblée générale, cinquante-deu- xième session, supplément No 3 (A/52/3/Rev.1), chapitre IV, paragraphe 4.

244 5.2 Égalité des droits entre les hommes et les femmes

8. L’intégration d’une démarche visant à promouvoir l’égalité entre les hommes et les femmes exige de prêter une attention constante et systématique aux différences entre les sexes (…) en se fondant sur une approche transdimensionnelle, ainsi que des mécanismes appropriés de suivi et d’examen. (…)

IV. Promotion de l’égalité de la partie des sexes dans les États participants

41. Les États participants, individuellement et collectivement, sont responsables au premier chef et redevables envers leurs citoyens de l’application de leurs engagements en matière d’égalité des droits et d’égalité des chances pour les femmes et les hommes. Ils se sont engagés à faire de l’égalité entre hommes et femmes une partie intégrante des politiques à la fois au niveau des États et au sein de l’Organisation. Ils veilleront à recourir pleinement aux instances appropriées de l’OSCE pour revoir la mise en œuvre de ses engagements concernant l’égalité entre les femmes et les hommes.

42. Il est donc recommandé aux États participants :

43. De veiller à ce que l’Organisation élabore des politiques assurant une promotion effective de la parité des sexes et que les nouvelles propositions et initiatives tiennent compte des différences entre les sexes ;

44. D’établir ou de renforcer les mécanismes existants pour assurer la parité des sexes, notamment en permettant le recours aux services d’une personne ou d’un organe impartial et indépendant, tel qu’un médiateur/commissaire aux droits de l’homme afin d’éliminer la discrimination fondée sur le sexe à l’égard de certains citoyens ;

45. D’adhérer aux normes et aux engagements internationaux qu’ils ont pris concernant l’égalité, la non-discrimination, ainsi que le droit des femmes et des fillettes, et de les appliquer pleinement ;

46. De se conformer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, s’ils en sont parties, ou s’ils ne le sont pas encore, d’envisager de ratifier cette Convention ou d’y adhérer. Les États qui ont ratifié cette Convention ou qui y ont adhéré en for- mulant des réserves, envisageront de les retirer. Les États parties à la Convention sur l’élimina- tion de toutes les formes de discrimination à l’égard des femmes sont également priés d’envisager de ratifier le Protocole facultatif à la Convention sur l’élimination de toutes les formes de discri- mination à l’égard des femmes ;

47. S’ils sont parties à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes, au Pacte international relatif aux droits civils et politiques et/ou au Pacte international relatif aux droits économiques, sociaux et culturels, de faire rapport régulièrement et en temps voulu aux organes respectifs et de faire également appel à des organisations de femmes pour la préparation de leurs rapports ; 5 48. De prendre d’autres mesures, si nécessaire, afin de garantir un environnement sûr à leurs citoyens et le droit à une protection égale par la loi (...) (…) • De mettre à profit l’expérience acquise par l’OSCE pour élaborer des politiques et des stratégies transdimensionnelles sur la parité des sexes et d’inclure dans le suivi de ces politiques, notam- ment, l’utilisation de mécanismes d’analyse et de suivi de la prise en compte des différences entre les sexes pour évaluer l’impact des politiques et stratégies visant à assurer l’égalité entre les sexes afin d’identifier et de lever les obstacles qui entravent leur pleine application.

245 5.2 Égalité des droits entre les hommes et les femmes

Ljubljana 2005 (Décision n° 14/05 sur les femmes dans la prévention des conflits, la gestion des crises et le relèvement après un conflit)

Le Conseil ministériel (...),

Considérant que les connaissances, les compétences et l’expérience à la fois des femmes et des hommes sont des plus importantes pour la paix, la démocratie durable, le développement écono- mique et, par voie de conséquence, pour la paix et la stabilité dans la région de l’OSCE,

Considérant en outre que la résolution 1325 (2000) du Conseil de sécurité des Nations Unies sur les femmes, la paix et la sécurité établit un lien entre l’égalité des sexes et la sécurité en mettant l’accent sur le rôle joué par les femmes dans les questions de paix et de sécurité à tous les niveaux, (…)

Insistant sur l’importance d’une participation pleine et égale des femmes à toutes les phases de la prévention et du règlement des conflits ainsi que de la consolidation de la paix,

Reconnaissant la nécessité d’une action concrète de l’OSCE pour intégrer les femmes dans la pré- vention des conflits, la gestion des crises et le relèvement après un conflit par le biais de ses acti- vités, notamment, en :

1. Veillant à une mise en œuvre proactive, dans l’Organisation tout entière, du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes, adopté par la Décision N° 638 du Conseil permanent en date du 2 décembre 2004,

2. Intégrant dans les activités de l’OSCE, le cas échéant, les parties pertinentes de la résolution 1325 (2000) du Conseil de sécurité des Nations Unies sur le rôle des femmes à tous les niveaux de la pré- vention des conflits, de la gestion et du règlement des crises, ainsi que du relèvement après un conflit,

3. Engageant les États participants à établir des listes nationales de femmes candidates potentielles (tel que préconisé au paragraphe 22 du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes) et à prendre des mesures actives pour veiller à ce que les femmes soient pleinement informées des postes à pourvoir dans le domaine de la prévention des conflits et du relèvement après conflit et encouragées à s’y porter candidates, en particulier pour les postes de cadres supérieurs,

4. Demandant aux États participants de proposer la candidature de davantage de femmes en tant que chefs d’institution et de mission, ainsi qu’à d’autres postes de responsabilité au sein de l’OSCE,

5. Encourageant activement le recrutement de femmes dans les présences de terrain de l’OSCE, notamment à des postes de direction, dans le but d’avoir un grand nombre de présences de ter- rain dirigées par des femmes,

6. Demandant aux États participants et aux structures de l’OSCE, le cas échéant, de soutenir et de favoriser les programmes de formation et d’enseignement axés sur les femmes et les filles, ainsi que les projets destinés à faire participer les femmes à l’édification d’une paix durable ; de donner des moyens d’agir aux organisations de femmes ; de soutenir les initiatives prises par les femmes en faveur de la paix par le biais des médias et d’ateliers sur les droits de l’homme et l’égalité entre les sexes ; et de sensibiliser les femmes à l’importance de leur participation aux processus politiques,

7. Demandant aux États participants et aux structures de l’OSCE, le cas échéant, de concevoir des politiques spécifiques pour favoriser la participation pleine et égale des femmes et des organisations

246 5.2 Égalité des droits entre les hommes et les femmes

de femmes à la prévention des conflits, au règlement des conflits et au relèvement après un conflit, ainsi que de favoriser et de soutenir l’échange d’expériences et de meilleures pratiques et, en outre, de s’investir dans les initiatives des femmes en faveur de la paix,

8. Demandant aux États participants de tenir compte du rôle important et des besoins particu- liers des femmes et des filles lors de la mise en œuvre de politiques publiques en matière de protec- tion et de solutions durables, notamment en ce qui concerne le retour volontaire, la réinstallation, la réadaptation l’insertion/réinsertion ou le rapatriement des réfugiés et des personnes déplacées en sécurité et dans la dignité,

9. Recommandant que les États participants évaluent régulièrement leurs efforts d’intégration d’un souci d’égalité entre les sexes dans les processus de prévention des conflits, de gestion des conflits et de relèvement, et rendent ces évaluation publiques, à des fins de formation à la prise en compte des différences entre les sexes, ainsi que leurs efforts de mise en œuvre des engagements pertinents et de sensibilisation à leur importance,

Décide : • De charger le Secrétaire général, dans son rapport intérimaire annuel sur la mise en œuvre de la Décision N° 638 du Conseil permanent relative au Plan d’action de l’OSCE 2004 pour la pro- motion de l’égalité entre les sexes, de faire des références spécifiques à la mise en œuvre, au sein de l’Organisation, des parties de la résolution 1325 (2000) du Conseil de sécurité des Nations Unies qui présentent un intérêt pour l’OSCE ; • De charger le Secrétariat, dans le cadre des objectifs du Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes, d’élaborer en coopération avec les États participants, des mesures supplémentaires visant à augmenter considérablement le nombre de femmes au Secrétariat de l’OSCE ainsi que dans ses institutions et opérations de terrain, en particulier aux postes de rang élevé et de direction ; • De charger les structures et institutions de l’OSCE d’élaborer ou d’adapter des projets, stratégies et initiatives pertinents, et de mener d’autres activités, notamment d’échanger des informations avec l’ONU afin de remplir les engagements énoncés dans la présente décision ; • D’inviter les États participants de l’OSCE et les institutions de l’OSCE à faire également rap- port, à la Conférence annuelle d’examen des questions de sécurité, sur les progrès accomplis dans la mise en œuvre des engagements énoncés dans la présente décision.

Athènes 2009 (Décision N° 7/09 sur la participation des femmes à la vie politique et publique)

Le Conseil ministériel (...),

Rappelant la résolution 1325 (2000) du Conseil de sécurité des Nations Unies, qui appelle à ce que les femmes participent pleinement et sur un pied d’égalité à la prise des décisions en ce qui concerne la prévention des conflits et la reconstruction après un conflit, et soulignant qu’il importe

247 5.2 Égalité des droits entre les hommes et les femmes

qu’elles participent et soient impliquées pleinement et sur un pied d’égalité dans tous les efforts visant à maintenir et à promouvoir la paix et la sécurité,

Prenant note de la résolution 1889 (2009) du Conseil de sécurité des Nations Unies, qui exhorte les organisations internationales et régionales à prendre de nouvelles mesures pour améliorer la par- ticipation des femmes à toutes les étapes des processus de paix,

Notant que le 18 décembre 2009 marque le trentième anniversaire de la Convention sur l’élimi- nation de toutes les formes de discrimination à l’égard des femmes, qui vise à mettre fin à la dis- crimination à l’égard des femmes dans la vie politique et publique, et notant que le 10 décembre marque le dixième anniversaire de l’ouverture à la signature du Protocole à la Convention,

Reconnaissant que les femmes peuvent rencontrer des obstacles supplémentaires, autres que ceux qui sont fondés sur le genre, pour participer à la vie politique et publique,

Demande aux États participants :

6. De faire le nécessaire pour que les femmes et les hommes contribuent sur un pied d’égalité aux initiatives de consolidation de la paix ;

7. De prendre les mesures voulues pour mettre en place, le cas échéant, des mécanismes nationaux efficaces pour mesurer l’égalité de la participation et de la représentation des femmes ;

8. De soutenir, selon qu’il conviendra, les organismes non gouvernementaux et de recherche pour l’établissement d’études ciblées et d’initiatives de sensibilisation en vue de déterminer les obsta- cles spécifiques à la participation des femmes à la vie politique et publique et pour la promotion de l’égalité des chances entre les femmes et les hommes ;

248 5.2 Égalité des droits entre les hommes et les femmes

Vilnius 2011 (Décision N° 10/11 sur la promotion de l’égalité des chances des femmes dans la sphère économique) (…)

Reconnaissant que la participation des femmes dans la sphère économique contribue notable- ment au redressement économique, à la croissance durable et à l’édification de sociétés cohésives, et qu’elle est donc indispensable pour la sécurité et la stabilité de la région de l’OSCE,

Prenant note avec préoccupation de la persistance des iniquités auxquelles les femmes sont confron- tées dans la région de l’OSCE sur le plan de la participation au marché du travail, y compris la ségrégation des emplois ; des disparités dans l’accès à la protection sociale, ainsi qu’à des emplois de qualité, à temps complet ; et de la lenteur des progrès accomplis dans le cadre des efforts visant à surmonter les écarts de rémunération à travail égal, ce dont résultent des revenus sur toute une vie et des retraites moindres pour les femmes et une pauvreté accrue de ces dernières,

Préoccupé par la sous-représentation continue des femmes dans les processus de direction et de décision économiques dans les secteurs public et privé,

Préoccupé également par la persistance des restrictions à la participation effective des femmes dans la sphère économique, notamment en ce qui concerne l’accès à des ressources économiques et finan- cières telles que les emprunts et les droits de propriété et d’héritage et la maîtrise de ces ressources,

Reconnaissant qu’il faut améliorer et rendre systématiques la collecte de données par sexe et la réalisation d’études sur l’égalité des chances dans la sphère économique comme base pour la pla- nification des politiques et des actions,

Rappelant qu’il faut des politiques économiques et sociales visant à remédier aux causes pro- fondes de la traite des êtres humains, en particulier pour éliminer la discrimination à l’égard des femmes dans l’emploi et s’attaquer aux facteurs économiques qui accroissent la vulnérabilité des femmes à la traite,

Reconnaissant qu’il faut continuer de suivre la mise en œuvre des engagements existants rela- tifs à l’élimination de la discrimination à l’égard des femmes et à la promotion de l’égalité des chances des femmes dans la sphère économique, en vue de recenser et d’échanger les bonnes pra- tiques et d’élaborer des approches efficaces, y compris au sein de l’Organisation et de ses struc- tures exécutives, (…)

Reconnaissant que les femmes peuvent être confrontées à des obstacles supplémentaires, outre ceux fondés sur le sexe, à leur participation dans la sphère économique, 5 Demande aux États participants :

1. De recueillir et d’analyser des données en vue d’identifier et de supprimer les obstacles empê- chant les femmes de réaliser leur potentiel dans la sphère économique et (...) d’apporter leur soutien aux organismes non gouvernementaux et de recherche pour produire des études ciblées, notam- ment sur les bonnes pratiques ;

2. D’évaluer l’allocation des ressources budgétaires pour promouvoir l’égalité des sexes dans la sphère économique et de prendre des mesures concrètes qui conduisent à assurer aux femmes

249 5.2 Égalité des droits entre les hommes et les femmes

des chances égales de participation économique et un accès égal à la protection sociale, et qui favo- risent un emploi de qualité, ainsi qu’à temps complet et/ou non salarié ;

3. De faciliter le développement des compétences entrepreneuriales et des autres compétences liées au travail des femmes et d’incorporer des aspects liés au genre, en accordant une attention parti- culière aux femmes, dans les politiques migratoires afin, notamment, de prévenir la traite des êtres humains et le risque de retomber dans la traite ;

4. D’engager ou de renforcer des mesures politiques et juridiques, y compris des mesures d’action positive selon qu’il conviendra, qui faciliteraient et protégeraient l’égalité des chances des femmes de participer au marché du travail, grâce notamment au développement des garderies d’enfants et des pouponnières ;

5. De définir des mesures concrètes visant à promouvoir l’égalité des chances des femmes dans la sphère économique et, s’il y a lieu, d’instaurer des mécanismes nationaux efficaces pour suivre les progrès accomplis dans ce domaine, notamment dans la suppression des écarts de rémunération ;

6. De promouvoir le partage des travaux ménagers, ainsi que des responsabilités en tant que parents et aidants, en étendant le congé de paternité ; de promouvoir des politiques et des pratiques d’em- ploi non-discriminatoires et l’égalité d’accès à l’éducation et à la formation ; de prendre des mesures destinées à faciliter la conciliation du travail avec les responsabilités familiales ; et de s’efforcer de faire en sorte que les politiques et programmes d’ajustement structurel n’aient pas d’effet dis- criminatoire défavorable pour les femmes ;

7. De favoriser l’instauration de l’environnement nécessaire pour la formulation et la mise en œuvre concluantes des politiques par des activités d’information et de sensibilisation ciblées concer- nant les avantages des mesures prises pour promouvoir l’égalité des chances de participation des femmes dans la sphère économique et pour combattre l’exclusion sociale des femmes et la discri- mination à leur égard ;

8. D’adopter des mesures et de nouer le dialogue avec le secteur privé pour assurer aux femmes des chances égales d’avancement professionnel et pour combler les écarts de rémunération ;

9. D’élaborer et de renforcer, autant que faire se peut, des mesures qui conduisent à une diversification accrue dans les secteurs d’emploi traditionnellement dominés par les hommes ou par les femmes ;

10. Encourage les partenaires pour la coopération à appliquer volontairement les dispositions de la présente décision.

Dublin 2012 (Déclaration sur le renforcement de la bonne gouvernance et sur la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme)

Nous reconnaissons que la bonne gouvernance et la lutte contre la corruption ne pourront aboutir sans une participation pleine et égale des femmes et des hommes dans les processus et institutions politiques et économiques (...). Nous soulignons l’importance de donner aux femmes les moyens de participer et de contribuer activement aux politiques et aux activités liées à la bonne gouver- nance dans l’intérêt à la fois des hommes et des femmes.

250 5.2 Égalité des droits entre les hommes et les femmes

Bâle 2014 (Décision n° 7/14 intitulée « prévenir et combattre la violence à l’égard des femmes »)

Réaffirmant l’engagement de respecter les droits de l’homme et les libertés fondamentales pour tous, sans distinction de race, de sexe, de langue ou de religion, tel qu’énoncé dans la disposition pertinente de l’Acte final de Helsinki de 1975,

Rappelant que l’exercice entier et en toute égalité, par les femmes, de leurs droits fondamentaux est indispensable pour rendre l’espace de l’OSCE plus pacifique, plus prospère et plus démocratique et que les États participants de l’OSCE ont à cœur de faire de l’égalité entre hommes et femmes une partie intégrante de leurs politiques, à la fois à leur niveau et au sein des structures exécu- tives de l’Organisation, comme cela avait été déclaré au Sommet d’Istanbul de l’OSCE en 1999, (…)

Profondément préoccupé par la persistance de la violence à l’égard des femmes, considérée comme une des violations les plus répandues des droits fondamentaux dans l’espace de l’OSCE, qui se mani- feste sous la forme de violence physique, sexuelle et psychologique, et réaffirmant la nécessité parti- culière de prendre des mesures plus vigoureuses pour prévenir et combattre la violence à l’égard des femmes, pour laquelle l’inégalité entre les sexes peut être un des principaux facteurs contributifs, (…)

Appelle les États participants à garantir pour toutes les femmes la protection et le plein respect des droits et libertés fondamentaux ; (…)

Milan 2018 (Décision n° 4/18 intitulée « prévenir et combattre la violence à l’égard des femmes »)

Réaffirmant que la promotion et la protection de l’égalité des droits et des chances pour tous sont essentielles à la démocratie et au développement économique et, partant, à la sécurité, à la stabi- lité et à une paix durable dans l’espace de l’OSCE,

Déterminé à garantir l’exercice entier et en toute égalité, par les femmes et les filles, de leurs droits humains et libertés fondamentales, (…)

3. D’adopter des mesures, en tant que de besoin, pour encourager l’éducation à l’égalité entre les sexes, aux droits de l’homme et aux comportements non violents, contribuant ainsi à la prévention de toutes les formes de violence à l’égard des femmes et des filles, notamment les pratiques préju- diciables, la violence sexuelle, la violence domestique, ainsi que le harcèlement sexuel ; (…)

251 5.2 Égalité des droits entre les hommes et les femmes

Milan 2018 (Décision N° 5/18 sur la valorisation du capital humain à l’ère numérique) (…)

Tirana 2020 (Décision n° 6/20 intitulée « Prévenir et combattre la corruption grâce à la transformation numérique et à une transparence accrue ») (…)

1. Demande aux États participants de prévenir et combattre la corruption : (...) (m) En promouvant la participation à part entière, sur un pied d’égalité et constructive des femmes à l’élaboration et à la mise en œuvre des activités pertinentes de lutte contre la corruption, aux fins

252 5.3 Lutte contre les actes motivés par les préjugés, l’intolérance et la haine

de parvenir à l’égalité des genres, sachant que la corruption touche de façon disproportionnée les femmes et les personnes vulnérables ;

5.3 Lutte contre les actes motivés par les préjugés, l’intolérance et la haine

5.3.1 Dispositions générales

Copenhague 1990

Ils déclarent qu’ils sont fermement décidés à intensifier leurs efforts pour lutter contre ces phéno- mènes sous toutes leurs formes et, par conséquent (…) (40.2) – ils s’engageront à prendre toutes mesures appropriées et proportionnées à leur objet pour protéger les personnes ou groupes de personnes qui pourraient être victimes de menaces ou d’actes de discrimination, d’hostilité ou de violence en raison de leur identité raciale, ethnique, culturelle, linguistique et religieuse, et pour protéger leurs biens ;

Paris 1990 (Charte de Paris pour une nouvelle Europe) (…)

Nous exprimons notre détermination à lutter contre toutes les formes de haine raciale ou ethnique, d’antisémitisme, de xénophobie et de discrimination envers toute personne, ainsi que de persécu- tion pour des motifs religieux ou idéologiques.

Cracovie 1991 (…)

Les États participants expriment leur profonde conviction qu’ils partagent des valeurs communes forgées par l’histoire et fondées, entre autres, sur le respect de la personne, la liberté de conscience, de religion ou de conviction, la liberté d’expression, la reconnaissance de l’importance des valeurs 5 spirituelles et culturelles, l’attachement au règne du droit, à la tolérance et à l’ouverture au dia- logue avec les autres cultures. (…)

Les États participants respectent l’irremplaçable singularité de chacune de leurs cultures et veille- ront à promouvoir un dialogue culturel continu entre eux et avec le reste du monde. Ils se déclarent à nouveau convaincus que le respect de la diversité culturelle favorise la compréhension et la tolé- rance entre individus et entre groupes. (...)

253 5.3.1 Dispositions générales

Helsinki 1992 (Déclaration du sommet)

12. (…) nous rejetons toute forme de discrimination raciale, ethnique et religieuse. La liberté et la tolérance doivent être enseignées et mises en pratique.

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants

(30) Expriment leur préoccupation devant les récentes manifestations éhontées d’intolérance, de dis- crimination, de nationalisme agressif, de xénophobie, d’antisémitisme et de racisme, et soulignent le rôle capital que jouent la tolérance, la compréhension et la coopération dans l’instauration et le maintien de sociétés démocratiques stables ;

Rome 1993 (Décisions : X. Déclaration sur le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme)

2. Les ministres ont noté en outre que ces phénomènes peuvent conduire à la violence, au sépara- tisme par la force et à des luttes ethniques si ce n’est, dans les pires cas, à des pratiques barbares de déportation de masse, de purification ethnique et de violence à l’égard de civils innocents.

3. Le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme créent des tensions ethniques, politiques et sociales sur le territoire des États et entre eux. Ils sapent en outre la stabilité internationale et les efforts entrepris dans le monde entier pour consolider fermement les droits universels de l’homme.

4. Les ministres ont concentré leur attention sur la nécessité de prendre d’urgence des mesures pour faire respecter strictement les normes du droit humanitaire international, y compris la poursuite et le châtiment des auteurs de crimes de guerre et d’autres crimes contre l’humanité.

5. Les ministres sont convenus que la CSCE devait jouer un rôle important dans ces efforts. La promotion active de l’égalité de traitement pour tous conformément au droit international et de la protection des minorités nationales fait partie des normes évidentes de conduite qui découlent des engagements pris dans le cadre de la CSCE.

Budapest 1994 (Décisions : VIII. La dimension humaine Tolérance et non-discrimination

25. Les États participants condamnent les manifestations d’intolérance, en particulier de nationa- lisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme, et ils continueront à promouvoir les mesures efficaces en vue d’éradiquer ces fléaux de la société. (…) Ils condamnent tous les crimes commis dans l’esprit de ladite « purification ethnique » et continueront à donner leur plein appui au Tribunal international chargé de poursuivre les personnes présumées responsables de violations graves du droit international humanitaire commises sur le territoire de l’ex-Yougos- lavie depuis 1991 (La Haye).

254 5.3.1 Dispositions générales

26. Ils approuvent le plan d’action du Conseil de l’Europe contre le racisme, la xénophobie, l’anti- sémitisme et l’intolérance. En donnant suite à la Déclaration du Conseil de Rome, les institutions de la CSCE examineront les possibilités de collaboration avec le Conseil de l’Europe ainsi qu’avec l’ONU et d’autres organisations internationales.

Lisbonne 1996 (Déclaration du Sommet)

9. (…) Parmi les problèmes aigus relevant de la dimension humaine, les violations continues des droits de l’homme, comme par exemple (…) les manifestations de nationalisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme continuent à mettre en péril la stabilité dans la région de l’OSCE. Nous sommes résolus à continuer de nous attaquer à ces problèmes.

Istanbul 1999 (Charte de sécurité européenne : IV. Notre réponse commune)

19. (...) Nous nous engageons à contrer les menaces pour la sécurité que constituent les violations des droits de l’homme et des libertés fondamentales, y compris de la liberté de pensée, de conscience, de religion ou de conviction, et les manifestations d’intolérance, de nationalisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme. (…)

22. Nous rejetons toute politique d’épuration ethnique ou d’expulsion massive. (...)

Bucarest 2001 (Annexe à la Décision N° 1 sur la lutte contre le terrorisme ; Plan d’action de Bucarest pour lutter contre le terrorisme)

11. Promotion des droits de l’homme, de la tolérance et du muti-culturalisme : États participants/ Conseil permanent/BIDDH/Haut-Commissaire pour les minorités nationales (HCMN)/Représen- tant de l’OSCE pour la liberté des médias : Ils favoriseront et renforceront la tolérance, la coexis- tence et les relations harmonieuses entre les groupes ethniques, religieux, linguistiques et autres, de même qu’une coopération constructive à cet égard entre États participer. Ils assureront l’alerte précoce et donneront des réponses appropriées dans les cas de violence, d’intolérance, d’extré- misme et de discrimination contre ces groupes et, en même temps, œuvreront en faveur du respect de l’état de droit, des valeurs démocratiques et des libertés individuelles. Ils feront en sorte que les personnes appartenant à des minorités nationales aient le droit d’exprimer, de préserver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse. 5

Porto 2002 (Décision n° 6 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

Réaffirmant que la démocratie et la protection des droits de l’homme et des libertés fondamen- tales sont les garants essentiels de la tolérance et de la non-discrimination et qu’ils constituent des facteurs importants de stabilité, de sécurité, de coopération et de développement pacifique dans

255 5.3.1 Dispositions générales

toute la région de l’OSCE, et que réciproquement, la tolérance et la non-discrimination sont des éléments importants pour la promotion des droits de l’homme, (…)

Notant que la promotion de la tolérance et de la non-discrimination peut également contribuer à éliminer le fondement des discours de haine, nationalisme agressif, racisme, chauvinisme, xéno- phobie, antisémitisme et extrémisme violent,

Reconnaissant la responsabilité des États participants dans la promotion de la tolérance et de la non-discrimination,

1.(a) Condamne dans les termes les plus vigoureux toute manifestation de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent ainsi que tout discours de haine et phénomène de discrimination fondé sur la religion ou la croyance ; (…)

2. Décide d’intensifier les efforts visant à maintenir et à renforcer la tolérance et la non-discrimi- nation, avec l’assistance des institutions de l’OSCE et en coopération avec les organisations inter- nationales pertinentes et la société civile, au moyen notamment d’échanges d’informations et de meilleures pratiques ; (…)

5. Condamne, en particulier, la discrimination fondée sur des motifs religieux et s’engage à préve- nir toute attaque dirigée contre des groupes religieux, et à les protéger, qu’il s’agisse de personnes ou de lieux de culte ou d’objets religieux ;

6. Condamne en particulier l’augmentation récente d’incidents antisémites dans la région de l’OSCE, en reconnaissant le rôle qu’a joué l’antisémitisme dans l’histoire en tant que danger majeur pour la liberté ;

7. Condamne également la recrudescence d’actes de discrimination et de violence à l’encontre des Musulmans dans la région de l’OSCE et rejette fermement l’identification du terrorisme et de l’ex- trémisme avec une religion ou une culture particulière ;

8. Décide de s’engager publiquement avec fermeté contre le discours de haine et les autres manifesta- tions de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’ex- trémisme violent, ainsi que les phénomènes de discrimination fondés sur la religion ou la croyance ;

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

Menaces pour la sécurité et la stabilité au XXIe siècle

12. Les pratiques motivées par la discrimination et l’intolérance menacent la sécurité des personnes et peuvent entraîner des conflits et des violences à plus grande échelle. Ces pratiques peuvent avoir pour origine des tensions ethniques et religieuses, le nationalisme agressif, le chauvinisme et la xénophobie, et peuvent également résulter du racisme, de l’antisémitisme et de l’extrémisme violent, ainsi que du manque de respect pour les droits des personnes appartenant aux minorités nationales.

256 5.3.1 Dispositions générales

13. La mobilité des populations émigrées et l’émergence de sociétés dans lesquelles un grand nombre de cultures coexistent dans toutes les régions de l’espace de l’OSCE offrent davantage de possibi- lités mais posent également davantage de problèmes. La non-intégration dans la société ainsi que l’absence de respect de chacun de ses membres pour les droits de tous peuvent nuire à la stabilité. (…)

Faire face aux menaces liées à la discrimination et à l’intolérance

36. La discrimination et l’intolérance figurent au nombre des facteurs susceptibles d’engendrer des conflits qui compromettent la sécurité et la stabilité. En se fondant sur ses engagements dans la dimension humaine, l’OSCE s’attache à promouvoir dans toute sa région des conditions dans lesquelles tous puissent jouir pleinement des droits de l’homme et des libertés fondamentales sous la protection d’institutions démocratiques efficaces et dans le cadre d’une procédure judiciaire régu- lière et de la primauté du droit. Ces mesures supposent un environnement sûr et des institutions sûres propices à un débat pacifique et permettant à toutes les personnes et à tous les groupes de la société de défendre leurs intérêts. La société civile a un rôle important à jouer à cet égard et l’OSCE continuera à appuyer les organisations de la société civile et à contribuer à leur renforcement. (…)

38. Les États participants ainsi que les organes et institutions de l’OSCE sont résolus à intensi- fier leurs efforts pour contrer les menaces liées à la discrimination et à l’intolérance. Les relations harmonieuses entre les groupes ethniques, religieux, linguistiques et autres ainsi que les droits des personnes appartenant à des minorités nationales seront activement encouragé (…). La vio- lence, l’intolérance, l’extrémisme et la discrimination à l’encontre de ces groupes, notamment les travailleurs migrants, les demandeurs d’asile et d’autres immigrants, doivent être conjurés et les auteurs de tels actes doivent en être tenus responsables. Dans le même temps, il importe que les personnes appartenant à de tels groupes respectent la primauté du droit, les valeurs démocratiques et les libertés individuelles.

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

Réaffirmant son engagement à promouvoir la tolérance et à lutter contre la discrimination et sa préoccupation face à toute manifestation de nationalisme agressif, de racisme, de chauvinisme, de xénophobie, d’antisémitisme et d’extrémisme violent dans tous les États participants, ainsi que face à la discrimination fondée, notamment, sur la race, la couleur, le sexe, la langue, la religion ou la croyance, les opinions politiques ou autres, l’origine nationale ou sociale, la fortune, la nais- sance ou sur toute autre situation, 5 Priant instamment les autorités compétentes de tous les États participants de continuer à condam- ner publiquement, à un niveau approprié et de façon appropriée, les actes violents motivés par la discrimination et l’intolérance,

Affirmant son engagement à redoubler d’efforts pour promouvoir la tolérance et la non-discrimi- nation dans tous les domaines (...)

8. Reconnaît la nécessité de lutter contre les crimes inspirés par la haine qui peuvent être alimen- tés par la propagande raciste, xénophobe et antisémite sur Internet. (...)

257 5.3.1 Dispositions générales

9. Affirme l’importance de la liberté de pensée, de conscience, de religion ou de conviction, et condamne toute discrimination et tout acte de violence, notamment à l’encontre de tout groupe religieux ou de tout croyant. S’engage à assurer et à favoriser la liberté de chacun de professer et de pratiquer une religion ou une croyance, seul ou en communauté avec d’autres, si nécessaire par des lois, règlements, pratiques et politiques transparents et non discriminatoires. Encourage les États participants à solliciter l’assistance du BIDDH et de son groupe consultatif d’experts sur la liberté de religion ou de conviction.

13. Prend en considération les Principes directeurs des Nations Unies relatifs au déplacement de personnes à l’intérieur de leur propre pays comme cadre utile aux travaux de l’OSCE et aux efforts des États participants visant à ce que les déplacements internes bénéficient d’une plus grande attention (...)

15. Décide d’intensifier la coopération de l’OSCE avec des organisations internationales compé- tentes telles que les Nations Unies, le Conseil de l’Europe et l’Union européenne, ainsi qu’avec la société civile et des organisations non gouvernementales compétentes afin de promouvoir la tolé- rance et la non-discrimination ;

Sofia 2004 (Déclaration ministérielle sur le soixantième anniversaire de la fin de la Seconde Guerre mondiale)

L’histoire nous a appris les dangers inhérents à l’intolérance, à la discrimination, à l’extrémisme et à la haine fondés sur des motifs ethniques, raciaux et religieux. Nous sommes résolus à combattre ces menaces, notamment par le biais de l’OSCE et nous rejetons toute tentative visant à les justifier.

Nous condamnons avec vigueur tout déni de l’Holocauste. Nous condamnons toutes les formes de nettoyage ethnique. Nous confirmons notre adhésion à la Convention des Nations Unies pour la prévention et la répression du crime de génocide, adoptée le 9 décembre 1948. Nous appelons les États participants à prendre toutes les mesures possibles pour veiller à prévenir toute tentative de génocide aujourd’hui et demain. Les auteurs de tels crimes devraient être traduits en justice.

Sofia 2004 (Décision N° 12/04 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

2. Approuve les décisions du Conseil permanent sur la lutte contre l’antisémitisme (PC.DEC/607), sur la tolérance et la lutte contre le racisme, la xénophobie et la discrimination (PC.DEC/621), ainsi que celle sur la promotion de la tolérance et de la liberté des médias sur Internet (PC.DEC/633), jointes en annexe à la présente décision ;

3. Décide en outre d’intensifier les efforts visant à mettre en œuvre ces trois décisions qui com- prennent des engagements dans les domaines, notamment, de l’éducation, des médias, de la légis- lation, de l’application des lois, de la migration et de la liberté de religion ;

258 5.3.1 Dispositions générales

(…)

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 607 : Lutte contre l’antisémitisme)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre l’antisémitisme dans toute la région de l’OSCE, Décide ce qui suit :

1. Les États participants s’engagent à : • Œuvrer pour que leurs systèmes juridiques favorisent un environnement sûr dans lequel le har- cèlement, la violence ou la discrimination antisémite n’existent dans aucun domaine ; • Combattre les crimes inspirés par la haine pouvant être suscités par la propagande raciste, xéno- phobe et antisémite dans les médias et sur Internet ; • Encourager et appuyer les efforts déployés par les organisations internationales et les ONG dans ces domaines ; • Coopérer avec l’Assemblée parlementaire de l’OSCE pour déterminer les moyens appropriés permettant d’examiner périodiquement le problème de l’antisémitisme ; • Encourager le développement d’échanges informels entre experts dans le cadre d’instances appropriées sur les meilleurs pratiques et les expériences dans les domaines de l’application des lois et de l’éducation ; (…)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,

Décide ce qui suit : 5 1. Les États participants s’engagent à : (…) • Prendre des mesures visant à combattre les actes de discrimination et de violence envers les musulmans dans l’espace de l’OSCE ; • Prendre des mesures, conformément à leur droit interne et aux obligations internationales, de lutte contre la discrimination, l’intolérance et la xénophobie envers les migrants et les tra- vailleurs migrants ;

259 5.3.1 Dispositions générales

• Envisager d’entreprendre des activités de sensibilisation de l’opinion publique à la contribution enrichissante des migrants et des travailleurs migrants à la société ; • Combattre les crimes inspirés par la haine pouvant être suscités par la propagande raciste, xéno- phobe et antisémite dans les médias et sur Internet et dénoncer publiquement de manière appro- priée de tels crimes lorsqu’ils sont commis ; • Encourager et appuyer les efforts déployés par les organisations internationales et les ONG dans ces domaines ; • Examiner la possibilité d’établir dans les pays des organes appropriés pour promouvoir la tolé- rance et combattre le racisme, la xénophobie, la discrimination ou l’intolérance qui y est asso- ciée, notamment envers les musulmans, et l’antisémitisme ; (…) • Coopérer avec l’Assemblée parlementaire de l’OSCE pour déterminer les moyens appropriés permettant d’examiner périodiquement les problèmes du racisme, de la xénophobie et de la dis- crimination ; • Encourager le développement d’échanges informels entre experts dans le cadre d’instances appropriées sur les meilleurs pratiques et les expériences dans les domaines de l’application des lois et de l’éducation ; (…)

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Rappelant qu’il importe de promouvoir et de favoriser un dialogue interculturel et interconfes- sionnel et des partenariats prônant la tolérance, le respect mutuel et la compréhension, tant au niveau national qu’international, (…)

3. Rejette l’attitude qui consiste à identifier le terrorisme et l’extrémisme violent à une religion, une conviction, une culture, un groupe ethnique, une nationalité ou une race ; (…)

4. Décide que l’OSCE devrait poursuivre son action de sensibilisation et mettre au point des mesures visant à combattre les préjugés, l’intolérance et la discrimination, tout en respectant les droits de l’homme et les libertés fondamentales, notamment la liberté de pensée, de conscience, de religion ou de conviction, pour tous sans distinction notamment de race, de couleur, de sexe, de langue, de religion ou de conviction, d’opinion politique ou de toute autre opinion, d’origine nationale ou sociale, de fortune, de naissance ou de toute autre situation ; (…)

260 5.3.1 Dispositions générales

Bruxelles 2006 (Décision no 13/06 Combattre l’intolérance et la discrimination et promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Reconnaissant que la promotion d’une culture de respect mutuel, de compréhension et d’égalité ainsi que la recherche de l’égalité des chances pour une participation effective aux sociétés démo- cratiques exigent une approche systématique, globale et à long terme,

Profondément préoccupé par l’expression publique de propos racistes, xénophobes et discrimi- natoires,

Réaffirmant la nécessité pour les États participants de lutter avec détermination contre tous les actes et manifestations de haine, notamment les crimes de haine, en reconnaissant que les efforts requis pour y remédier impliquent souvent une approche commune, tout en reconnaissant dans le même temps le caractère unique et le contexte historique de chacune des formes de ces manifestations, (…)

Reconnaissant le rôle essentiel que peut jouer la société civile dans la lutte contre l’intolérance et la discrimination ainsi que dans la promotion du respect et de la compréhension mutuels,

Alarmé par toute progression de partis, mouvements et groupes politiques prônant la violence,

Également préoccupé, dans ce contexte, par les manifestations violentes d’extrémisme associé au racisme, à la xénophobie, à l’antisémitisme, au nationalisme agressif et au néonazisme,

Rappelant la contribution de l’OSCE à l’initiative de l’ONU sur l’Alliance des civilisations dont le but est de forger une volonté politique collective et de mobiliser une action concertée aux niveaux insti- tutionnel et de la société civile pour promouvoir le respect et la compréhension mutuels, et prenant note du rapport du Groupe de haut niveau présenté au Secrétaire général de l’ONU le 13 novembre 2006 à Istanbul qui vise à créer, sous les auspices de l’ONU, des partenariats entre les organisa- tions internationales partageant les objectifs de l’Alliance des civilisations, (…)

3. Encourage les États participants à reconnaître la contribution positive que tous les individus peuvent apporter au caractère pluraliste harmonieux de nos sociétés par la promotion de poli- tiques axées sur l’égalité des chances, des droits, de l’accès à la justice et aux services publics, et à l’encouragement du dialogue et d’une participation effective ; (…) 5 8. Déplore l’expression publique de propos racistes, xénophobes et discriminatoires et souligne le fait que les responsables politiques peuvent jouer un rôle positif dans la promotion globale du respect et de la compréhension mutuels et influer de façon importante pour désamorcer les ten- sions au sein des sociétés, en dénonçant les actes et les incidents motivés par la haine et en recon- naissant les contributions positives que tous les individus peuvent apporter à une société pluraliste harmonieuse ; (…)

12. Décide que les États participants devraient s’engager plus activement à soutenir les activités de la société civile par le biais de partenariats efficaces, d’un dialogue et d’une coopération renforcés entre

261 5.3.1 Dispositions générales

la société civile et les pouvoirs publics dans le domaine de la promotion du respect et de la com- préhension mutuels, de l’égalité des chances, de l’insertion de tous dans la société, et de la lutte contre l’intolérance, notamment en créant, en fonction des besoins, des mécanismes de consulta- tion locaux, régionaux et nationaux ; (…)

16. Attend avec intérêt la suite donnée par l’ONU au rapport du Groupe de haut niveau de l’ini- tiative pour une Alliance des civilisations afin d’envisager une contribution appropriée de l’OSCE à sa mise en œuvre

Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Soulignant que la responsabilité principale de la lutte contre les actes d’intolérance et de discrimi- nation incombe aux États participants, notamment à leurs représentants politiques, (…)

Considérant que les manifestations d’intolérance et de discrimination peuvent miner les efforts visant à protéger les droits des individus, notamment des migrants, des réfugiés, des personnes appartenant à des minorités nationales et des apatrides, (…)

1. Appelle les représentants politiques, notamment les parlementaires, à s’employer sans relâche à rejeter et à condamner vivement les manifestations de racisme, de xénophobie, d’antisémitisme, de discrimination et d’intolérance, notamment à l’égard des chrétiens, des juifs, des musulmans et des membres d’autres religions, ainsi que les manifestations violentes d’extrémisme associées au nationalisme agressif et au néonazisme, tout en continuant à respecter la liberté d’expression ;

2. Souligne la nécessité pour les États participants de continuer à (...) à renforcer la coopération avec la société civile ; (…)

5. Invite les États participants à accroître leurs efforts, en coopération avec la société civile, pour lutter contre l’incitation à la violence imminente et aux crimes inspirés par la haine, y compris par le biais de l’Internet, dans le cadre de leur législation nationale, tout en respectant la liberté d’expression, et souligne en même temps que les possibilités offertes par l’Internet pour la promo- tion de la démocratie, des droits de l’homme et de l’éducation à la tolérance devraient être plei- nement exploitées ; (…)

7. Invite les États participants à protéger les migrants résidant légalement dans les pays hôtes ainsi que les personnes appartenant à des minorités nationales, les apatrides et les réfugiés du racisme, de la xénophobie, de la discrimination et des actes violents d’intolérance et à élaborer ou renforcer

262 5.3.1 Dispositions générales

des stratégies et programmes nationaux pour l’intégration des migrants en situation régulière, ce qui nécessite également la participation active de ces derniers ; (…)

9. S’engage à assurer un suivi efficace du travail effectué jusqu’à présent par les États participants et les institutions pertinentes de l’OSCE, en particulier le BIDDH par le biais de son programme sur la tolérance et la non-discrimination, pour promouvoir, dans le cadre de leurs mandats, la tolérance et la non-discrimination, en insistant sur l’importance de la mise en œuvre des engagements exis- tants de l’OSCE et en tenant compte de l’expérience et des compétences acquises dans ce domaine par d’autres organisations internationales et régionales pertinentes afin d’éviter les doublons (...) ;

10. Encourage l’établissement, par les États participants qui ne l’ont pas encore fait, d’institutions ou d’organismes spécialisés pour lutter contre l’intolérance et la discrimination, ainsi que l’élabo- ration et la mise en œuvre de stratégies et de plans d’action nationaux dans ce domaine, en met- tant à profit les compétences et l’assistance des institutions pertinentes de l’OSCE, sur la base des engagements existants, et des institutions internationales pertinentes, selon qu’il conviendra ;

11. Décide d’envisager une contribution appropriée de l’OSCE à la phase de mise en œuvre des recommandations du Groupe de haut niveau de l’Alliance des civilisations, en prenant en consi- dération le Plan de mise en œuvre élaboré par le Haut représentant des Nations Unies pour l’Al- liance des civilisations, et recommande que le Secrétaire général de l’OSCE, en consultation avec le Président en exercice, participe au premier Forum annuel de l’Alliance qui se tiendra sous peu à Madrid et fasse rapport aux États participants sur ses résultats. (…)

Helsinki 2008 (Décision N° 8/08 sur la contribution de l’OSCE à la phase de mise en œuvre de l’initiative de l’Alliance des civilisations)

Le Conseil ministériel,

Conscient de la nécessité de promouvoir la compréhension mutuelle et les relations de coopération entre nations à travers les cultures et les civilisations,

Résolu à lutter contre la radicalisation et l’extrémisme violent qui conduisent au terrorisme,

Soulignant le rôle de l’OSCE en tant qu’arrangement régional au sens du Chapitre VIII de la Charte des Nations Unies,

Mettant l’accent sur l’intérêt que l’OSCE continue à porter à l’initiative de l’ »Alliance des civilisa- tions », qui a été créée sous les auspices de l’Organisation des Nations Unies, tel qu’exprimé dans 5 les décisions prises par le Conseil ministériel à Ljubljana, Bruxelles et Madrid,

Réaffirmant notre engagement à combattre l’intolérance et la discrimination et à promouvoir le res- pect et la compréhension mutuels,

Rappelant la contribution initiale de l’OSCE à l’initiative de l’Alliance des civilisations, qui a été présentée au Secrétaire général de l’ONU en 2006,

Prenant en considération le Plan de mise en œuvre préparé par le Haut Représentant des Nations Unies pour l’initiative de l’Alliance des civilisations,

263 5.3.1 Dispositions générales

Décide, dans la limite des ressources existantes :

1. D’autoriser le Secrétaire général de l’OSCE à suivre l’évolution de l’Alliance des civilisations et à envisager une coopération dans le cadre de projets de l’Alliance des civilisations dans des domaines d’intérêt commun et d’utilité mutuelle qui font progresser la mise en œuvre des enga- gements de l’OSCE, et le charge de faire rapport aux États participants ; (…)

Athènes 2009 (Décision n° 5/09 sur la gestion des migrations)

Le Conseil ministériel (...),

1. Encourage les États participants à continuer de travailler sur la gestion de la migration • en respectant les droits de l’homme des migrants et en intensifiant les efforts de lutte contre la discrimination, l’intolérance et la xénophobie à l’égard des migrants et de leurs familles ; (…)

Athènes 2009 (Décision N° 9/09 sur la lutte contre les crimes de haine)

Le Conseil ministériel (...),

Préoccupé par les crimes de haine dans toute la région de l’OSCE et reconnaissant la nécessité de coopérer pour lutter efficacement contre ces crimes, et prenant note du rapport du BIDDH intitulé « Hate Crimes in the OSCE Région – Incidents and Responses », que les États participants l’avaient chargé d’établir, (…)

Reconnaissant que les crimes de haine sont des infractions pénales motivées par des préjugés,

Prenant note de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies, adoptée le 8 septembre 2006 par l’Assemblée générale des Nations Unies, qui énonce une approche mondiale exhaustive de la lutte contre le terrorisme en traitant non seulement de ses manifestations mais également des conditions propices à sa propagation, et conscient du rôle que les crimes de haine, la discrimination et l’intolérance peuvent jouer en attisant l’extrémisme violent et la radicalisa- tion qui conduisent au terrorisme, (…)

Reconnaissant que le ralentissement de l’économie mondiale est susceptible d’accroître le nombre des cas de crimes de haine dans l’espace de l’OSCE,

Considérant que les victimes de crimes de haine peuvent appartenir à des communautés aussi bien minoritaires que majoritaires,

Demande aux États participants : (…)

264 5.3.1 Dispositions générales

5. D’étudier, en coopération avec les acteurs concernés, des moyens d’assurer l’accès des victimes de crimes de haine à un soutien psychologique et à une aide juridique et consulaire ainsi que leur accès effectif à la justice ; (…)

8. De mener, en particulier avec les autorités chargées de veiller au respect de la loi, des actions de sensibilisation et d’éducation s’adressant aux communautés et aux groupes de la société civile qui aident les victimes de crimes de haine ; (…)

10. D’envisager de tirer parti des ressources développées par le BIDDH dans le domaine de l’édu- cation, de la formation et de la sensibilisation afin d’assurer l’adoption d’une approche globale pour s’attaquer aux crimes de haine ;

11. Demande aux États participants de rechercher des occasions de coopérer entre eux et, ainsi, de remédier à l’utilisation croissante d’Internet pour prôner des vues constituant une incitation à la violence motivée par des préjugés, y compris les crimes de haine et, ce faisant, de réduire le tort causé par la dissémination de tels documents, tout en veillant à ce que les mesures prises en la matière soient conformes aux engagements de l’OSCE, notamment en ce qui concerne la liberté d’expression ; (…)

Astana 2010

Bâle 2014 (Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme)

Nous, membres du Conseil ministériel de l’Organisation pour la sécurité et la coopération en Europe, rappelons la Conférence de l’OSCE sur l’antisémitisme tenue à Berlin en 2004, lors de laquelle les États participants de l’OSCE ont condamné toutes les manifestations d’antisémitisme et se sont engagés à mettre en œuvre des efforts concertés afin de lutter contre l’antisémitisme dans tout l’espace de l’OSCE.

Nous sommes préoccupés par le nombre déconcertant d’incidents antisémites qui continuent de se produire dans l’espace de l’OSCE et demeurent un défi à la stabilité et à la sécurité.

Nous rejetons et condamnons les manifestations d’antisémitisme, d’intolérance et de discrimina- 5 tion envers les juifs.

Nous rappelons l’engagement de respecter les droits de l’homme et les libertés fondamentales de chacun, sans distinction de race, sexe, langue ou religion, tel qu’énoncé dans la disposition per- tinente de l’Acte final de Helsinki de 1975. (…)

Nous reconnaissons la contribution essentielle de la société civile pour ce qui est de prévenir l’an- tisémitisme et d’y faire face, notamment par le biais d’une participation active aux manifestations

265 5.3.1 Dispositions générales

de l’OSCE et en rapport avec l’OSCE, en particulier lors de la manifestation de haut niveau orga- nisée pour commémorer le dixième anniversaire de la Conférence de Berlin de l’OSCE sur l’an- tisémitisme en 2014.

Nous soulignons l’importance de la collaboration entre les États et la société civile à travers des partenariats efficaces ainsi qu’un dialogue et une coopération renforcés en matière de lutte contre l’antisémitisme.

Nous déclarons sans ambiguïté que les développements internationaux, notamment au Moyen- Orient, ne sauraient jamais justifier l’antisémitisme.

Nous appelons les dirigeants politiques, religieux et de la société civile à engager un débat ouvert afin de lutter contre l’antisémitisme et le prévenir, tout en respectant pleinement les libertés fon- damentales et les droits de l’homme.

Nous appelons les États participants : • À encourager les dirigeants politiques et les personnalités publiques à s’exprimer résolument et rapidement lorsque surviennent des incidents antisémites ; • À promouvoir des programmes éducatifs consacrés à la lutte contre l’antisémitisme et four- nir aux jeunes personnes la possibilité de s’instruire sur les droits de l’homme, notamment sur le thème de l’antisémitisme ; • À renforcer les efforts de mise en œuvre des engagements existants de l’OSCE concernant le suivi des crimes de haine et la collecte des données pertinentes, notamment en ce qui concerne les crimes de haine à motivation antisémite ; • À enquêter efficacement, rapidement et impartialement sur les actes de violence motivés par l’antisémitisme et poursuivre les coupables ; • À promouvoir et faciliter un dialogue et des partenariats interculturels, interconfessionnels et interreligieux ouverts et transparents ; • À encourager l’association des communautés religieuses et confessionnelles au débat public sur les initiatives législatives pertinentes.

Nous appelons le BIDDH : • À fournir aux États participants les meilleures pratiques en matière d’efforts de lutte contre l’an- tisémitisme, notamment en consultant la société civile, afin d’identifier efficacement les mani- festations contemporaines d’antisémitisme et de réagir en conséquence ; • À faciliter la coopération entre les responsables gouvernementaux et la société civile sur les questions liées à l’antisémitisme, y compris les crimes de haine et la mémoire de l’Holocauste ; • À aider les États participants dans leurs efforts de collecte de données sur les crimes de haine antisémites, en coopération avec la société civile, en tant que de besoin ; • À faciliter l’échange des meilleures pratiques entre les États participants sur les initiatives édu- catives et d’autres mesures prises pour sensibiliser à l’antisémitisme et surmonter les obstacles à l’enseignement de l’Holocauste ; • À promouvoir le dialogue et renforcer la capacité de la société civile de favoriser le respect et la compréhension réciproques afin de faire avancer la cause de la coopération entre différentes communautés.

266 5.3.2 Instruments internationaux

Nous soulignons le travail effectué par les trois représentants personnels sur les questions de tolé- rance dans le but de soutenir les efforts généraux de l’OSCE en matière de lutte contre l’intolérance et la discrimination, notamment à travers leurs visites de pays, les recommandations qui en ont résulté et leurs rapports au Conseil permanent de l’OSCE.

Nous encourageons les États participants à élaborer des déclarations du Conseil ministériel sur le renforcement des efforts de lutte contre l’intolérance et la discrimination, y compris envers les musulmans, les chrétiens et les membres d’autres religions.

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

Condamnant vigoureusement les manifestations d’intolérance, notamment sur la base de la religion ou de la conviction, réaffirmant la volonté des États participants de promouvoir la tolérance et la non-discrimination, le respect mutuel et la compréhension au sein de leurs sociétés, et réaffirmant notre engagement de promouvoir et de protéger les droits de l’homme et les libertés fondamentales, y compris la liberté d’expression et la liberté de pensée, de conscience, de religion ou de conviction,

Exprimant notre profonde préoccupation devant le fait que certains crimes graves commis par des terroristes et des groupes terroristes, notamment des combattants terroristes étrangers, ont visé des personnes ou des groupes sur la base de leur appartenance ethnique, de leur religion ou de leur conviction, et notant le rôle que la discrimination et l’intolérance peuvent jouer pour alimenter l’extrémisme violent et la radicalisation qui conduisent au terrorisme, Soulignant l’engagement des États participants de prendre les mesures nécessaires pour protéger les personnes relevant de leur juridiction contre les actes de terrorisme et d’agir énergiquement pour lutter contre le terrorisme et les combattants terroristes étrangers, (...) à l’appui des engagements pertinents que nous avons souscrits dans le cadre de l’OSCE et conformément aux obligations applicables en vertu du droit international, y compris le droit international des droits de l’homme, le droit international des réfugiés et le droit international humanitaire,

5.3.2 Instruments internationaux

Copenhague 1990

(40) (…) [Les États participants] (40.6) – ils envisageront d’adhérer, s’ils ne l’ont pas encore fait, aux instruments internationaux relatifs au problème de la discrimination, et ils garantiront qu’ils se conformeront pleinement aux obligations contenues dans ces instruments, y compris à celles prévoyant la présentation de rap- ports périodiques ; 5 (40.7) – ils examineront également la possibilité d’adopter les mécanismes internationaux qui per- mettent aux États et aux particuliers de soumettre à des organismes internationaux des commu- nications concernant des actes de discrimination.

267 5.3.3 Législation, application des lois et des politiques

Helsinki 1992 (Décisions : VI. La dimension humaine)

[Les États participants]

(32) Envisageront d’adhérer à la Convention internationale sur l’élimination de toutes les formes de discrimination raciale, s’ils ne sont pas encore parties à cet instrument ;

Sofia 2004 (Déclaration ministérielle sur le soixantième anniversaire de la fin de la Seconde Guerre mondiale)

(...) Nous confirmons notre adhésion à la Convention des Nations Unies pour la prévention et la répression du crime de génocide, adoptée le 9 décembre 1948. (...)

5.3.3 Législation, application des lois et des politiques

Copenhague 1990

(40) (…) [Les États participants] (...) (40.1) – ils prendront des mesures efficaces, y compris l’adoption, conformément à leur système constitutionnel et à leurs obligations internationales, de lois nécessaires à assurer une protection contre tout acte constituant une incitation à la violence contre des personnes ou groupes de per- sonnes fondée sur la discrimination nationale, raciale, ethnique ou religieuse, à l’hostilité ou à la haine, y compris l’antisémitisme ; (…) (40.3) – ils prendront des mesures efficaces, conformément à leurs systèmes constitutionnels, aux niveaux national, régional et local pour favoriser la compréhension et la tolérance, particulière- ment dans les domaines de l’enseignement, de la culture et de l’information ; (…) (40.5) – ils reconnaîtront le droit qu’a toute personne de disposer effectivement d’un recours, et ils s’efforceront de reconnaître, conformément à la législation nationale, le droit qu’ont les personnes et groupes de personnes concernées de déposer des plaintes contre les actes de discrimination, y compris les actes racistes et xénophobes, et de soutenir de telles plaintes ;

Helsinki 1992 (Décisions : VI. La dimension humaine)

[Les États participants]

(33) Envisageront de prendre des mesures appropriées dans le cadre de leur système constitutionnel et conformément à leurs obligations internationales pour assurer la protection de toute personne se trouvant sur leur territoire contre toute discrimination fondée sur la race, l’appartenance ethnique et la religion, ainsi que pour protéger tous les individus, y compris les étrangers, contre les actes de violence, y compris ceux fondés sur l’un quelconque de ces motifs. De plus, ils tireront pleine- ment parti de leur système juridique, notamment par l’application des lois en vigueur en la matière ; (…)

268 5.3.3 Législation, application des lois et des politiques

Budapest 1994 (Décisions : VIII. La dimension humaine)

25. Les États participants condamnent les manifestations d’intolérance, en particulier de nationa- lisme agressif, de racisme, de chauvinisme, de xénophobie et d’antisémitisme, et ils continueront à promouvoir les mesures efficaces en vue d’éradiquer ces fléaux de la société. (…) Ils chercheront à renforcer ou à adopter une législation appropriée et à prendre les mesures nécessaires pour veil- ler à ce que la législation en vigueur soit effectivement appliquée pour décourager de tels actes. Ils soulignent également qu’une action contre ces phénomènes doit être considérée comme une com- posante de la politique d’intégration et de l’éducation.

Porto 2002 (Décision n° 6 sur la tolérance et la non-discrimination)

Le Conseil ministériel,

9. Prie les autorités compétentes des États participants de mener une enquête prompte et impar- tiale sur les actes de violence, notamment lorsqu’il existe des motifs raisonnables de croire qu’ils ont été fondés sur des nationalisme agressif, racisme, chauvinisme, xénophobie, antisémitisme et extrémisme violent, ainsi que sur les attaques fondées sur la haine contre une religion ou une croyance particulière, et d’en punir leurs auteurs conformément au droit interne et en accord avec les normes internationales pertinentes en matière de droits de l’homme ; (…)

Maastricht 2003 Annexe à la Décision N° 3/03 Plan d’action visant à améliorer la situation des Roms et des Sintis dans l’espace de l’OSCE)

Afin de combattre les préjugés (…) et d’élaborer et d’appliquer valablement des politiques de lutte contre la discrimination et la violence raciales, les mesures suivantes sont recommandées :

Législation et mesures visant à en assurer le respect Mesures recommandées aux États participants :

9. La législation en matière de lutte contre la discrimination devrait : 5 • Interdire la discrimination raciale tant directe qu’indirecte ; • Imposer des sanctions efficaces, proportionnées et dissuasives pour les actes ou les pratiques discriminatoires ; • Imposer des peines plus lourdes pour les crimes à motivation raciale commis tant par des per- sonnes privées que par des agents publics ; • Garantir l’égalité d’accès à des recours efficaces (juridiques, administratifs, procédures de conci- liation ou de médiation).

269 5.3.3 Législation, application des lois et des politiques

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

6. (...) Reconnaissant l’importance de la législation visant à lutter contre les crimes inspirés par la haine, les États participants informeront le BIDDH de la législation existante sur les crimes découlant de l’intolérance et de la discrimination et, le cas échéant, solliciteront l’assistance du BIDDH pour la rédaction et la révision d’une telle législation ; (…)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,

Décide ce qui suit :

1. Les États participants s’engagent à : • Envisager de promulguer ou de renforcer, le cas échéant, une législation interdisant la discri- mination ou toute incitation à des crimes inspirés par la haine pouvant être motivés par la race, la couleur, le sexe, la langue, la religion, l’opinion politique ou toute autre opinion, l’origine nationale ou sociale, la fortune, la naissance ou toute autre situation ; (…) • Envisager d’établir des programmes de formation destinés aux responsables de la police et de la justice sur la législation et l’application de la législation relative aux crimes inspirés par la haine ;

Le Conseil permanent, (...)

Décide ce qui suit : (…)

270 5.3.3 Législation, application des lois et des politiques

2. Les États participants devraient enquêter sur la violence et les menaces criminelles de violence inspirées par des préjugés racistes, xénophobes, antisémites ou autres sur l’Internet et, s’il y a lieu, en poursuivre pleinement les auteurs ;

3. Les États participants devraient former les agents de la force publique et les procureurs aux moyens de traiter les crimes motivés par des préjugés racistes, xénophobes, antisémites ou autres sur l’Internet et diffuser des informations sur les programmes de formation fructueux dans le cadre de l’échange des meilleures pratiques ;

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination) promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

7. Décide de promouvoir le renforcement des capacités des services chargés de l’application de la loi par le biais de la formation et de l’élaboration de recommandations sur la manière la plus effi- cace et la plus appropriée de faire face aux crimes motivés par les préjugés, d’accroitre les échanges positifs entre la police et les victimes et d’encourager ces dernières à signaler les crimes de haine, notamment par la formation des agents qui sont les premiers à intervenir, la mise en œuvre de pro- grammes de proximité pour améliorer les relations entre la police et le public ainsi que par la for- 5 mation à l’orientation des victimes ayant besoin d’aide et de protection ; (…)

271 5.3.3 Législation, application des lois et des politiques

Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Conscient du rôle que jouent les parlements nationaux en adoptant des législations contre les crimes de haine et la discrimination(...), (…)

Reconnaissant la spécificité des différentes formes d’intolérance, tout en étant en même temps conscient qu’il importe d’adopter une approche globale et de traiter de questions transversales dans des domaines tels que, notamment, la législation, l’application de la loi, (...) afin de combattre efficacement toutes les formes de discrimination, (…)

2. Souligne la nécessité pour les États participants de continuer à (...) à former des agents des forces de l’ordre (...) ; (…)

8. Encourage les États participants à mettre en commun les meilleures pratiques relatives à leurs législations (...) qui contribuent à favoriser des sociétés ouvertes à tous et fondées sur le respect de la diversité culturelle et religieuse, des droits de l’homme et des principes démocratiques ; (…)

Athènes 2009 (Décision N° 9/09 sur la lutte contre les crimes de haine)

Le Conseil ministériel (...),

Demande aux États participants : (...)

2. De promulguer, s’il y a lieu, une législation spécifique sur mesure pour lutter contre les crimes de haine, prévoyant des sanctions effectives qui tiennent compte de la gravité de ces crimes ; (…)

4. D’introduire ou de développer plus avant des activités de formation professionnelle et de ren- forcement des capacités des responsables de l’application des lois, des procureurs et des magistrats qui s’occupent des crimes de haine ;

6. D’enquêter sans retard sur les crimes de haine et de veiller à ce que les autorités compétentes et les dirigeants politiques établissent et condamnent publiquement les mobiles de ceux qui sont reconnus coupables de ces crimes ;

7. D’assurer la coopération, selon qu’il conviendra, aux niveaux national et international, notam- ment avec les organismes internationaux compétents et entre les forces de police, pour lutter contre les crimes violents organisés inspirés par la haine ;

272 5.3.4 Collecte et suivi des données

Bâle 2014 (Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme)

Nous appelons les États participants :

À enquêter efficacement, rapidement et impartialement sur les actes de violence motivés par l’an- tisémitisme et poursuivre les coupables ;

5.3.4 Collecte et suivi des données

Genève 1991 (VI)

En outre, pour que l’opinion publique prenne mieux conscience des préjugés et de la haine, que les lois contre les crimes liés à la haine soient mieux appliquées et que, d’une façon générale, les efforts visant à combattre la haine et les préjugés dans la société soient poursuivis, [les États parti- cipants] s’efforceront de recueillir, de publier régulièrement et de mettre à la disposition du public des données sur les crimes commis sur leur territoire, inspirés par des préjugés fondés sur la race, l’identité ethnique ou la religion, y compris les directives suivies pour la collecte de ces données. Ces données ne devraient pas contenir d’informations ayant un caractère personnel.

Istanbul 1999 (Charte de sécurité européenne : IV. Notre institutions commune)

44. Nous nous emploierons à renforcer le rôle de l’OSCE concernant les activités relatives à la police civile (...) Ces activités peuvent comprendre les éléments ci-après : • Contrôle de la police, afin notamment de l’empêcher de se livrer à des activités impliquant par exemple une discrimination fondée sur l’identité religieuse ou ethnique ; (…) • Création d’un service de police à composition multi-ethnique et/ou multi-religieuse, qui puisse jouir de la confiance de toute la population ;

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

41. Il sera pleinement tiré parti des capacités d’observation du BIDDH, et la coopération opéra- 5 tionnelle avec d’autres organismes de surveillance notamment en matière de collecte de données, d’échange d’informations et d’analyse commune sera encouragée pour que l’OSCE puisse se faire l’idée la plus précise possible des événements. Cela permettra d’axer de manière efficace ses acti- vités sur les domaines prioritaires.

273 5.3.4 Collecte et suivi des données

Maastricht 2003 (Décision N° 4/03 sur la tolérance et la non-discrimination)

Le Conseil ministériel (...),

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 607 : Lutte contre l’antisémitisme)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre l’antisémitisme dans toute la région de l’OSCE, Décide ce qui suit :

1. Les États participants s’engagent à : • Recueillir et gérer des informations et des statistiques fiables sur les crimes antisémites ainsi que sur d’autres crimes inspirés par la haine, commis sur leurs territoires, communiquer périodi- quement ces informations au Bureau des institutions démocratiques et des droits de l’homme (BIDDH), et mettre ces informations à la disposition du public ;

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,

Décide ce qui suit :

1. Les États participants s’engagent à : (…) • Recueillir et gérer des informations et des statistiques fiables sur les crimes de haine motivés par le racisme, la xénophobie et la discrimination et l’intolérance qui y sont associées, commis sur leurs territoires, communiquer périodiquement ces informations au Bureau des institu- tions démocratiques et des droits de l’homme de l’OSCE (BIDDH) et mettre ces informations à la disposition du public ;

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination) promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

274 5.3.4 Collecte et suivi des données

la législation, l’application de la loi, l’éducation, les médias, la collecte de données, les migrations et l’intégration, la liberté religieuse, le dialogue interculturel et interconfessionnel, et s’engageront à : (…) 5.5 Renforcer les efforts visant à recueillir et tenir à jour des informations et des statistiques fiables sur les crimes de haine et la législation y afférente dans leurs territoires, à faire rapport périodique- ment sur ces informations au BIDDH, et rendre ces informations disponibles au public et envisa- ger de faire appel à l’assistance du BIDDH dans ce domaine, et à cet égard, envisager de nommer, au BIDDH, des points de contact nationaux sur les crimes de haine ; (…)

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

11. Encourage les États participants à intensifier leurs efforts visant à mettre en œuvre leurs enga- gements à recueillir et tenir à jour, sur les crimes de haine, des informations et des statistiques fiables qui sont indispensables pour la formulation d’une politique efficace et pour l’allocation de ressources appropriées à la lutte contre les incidents motivés par la haine et, dans ce contexte, invite également les États participants à faciliter le renforcement des capacités de la société civile afin de contribuer au suivi et au signalement des incidents motivés par la haine et d’aider les vic- times de crimes de haine ; (…)

Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Reconnaissant la spécificité des différentes formes d’intolérance, tout en étant en même temps conscient qu’il importe d’adopter une approche globale et de traiter de questions transversales dans des domaines tels que, notamment, la collecte de données (...) afin de combattre efficacement toutes les formes de discrimination, (…)

2. Souligne la nécessité pour les États participants de continuer à recueillir et à tenir à jour des données et des statistiques fiables sur les crimes et les incidents inspirés par la haine, à former des agents des forces de l’ordre et à renforcer la coopération avec la société civile ; 5 (…)

Athènes 2009 (Décision N° 9/09 sur la lutte contre les crimes de haine)

Le Conseil ministériel (...),

Reconnaissant la nécessité de disposer de données plus cohérentes, exhaustives et comparables sur les crimes de haine, soulignée notamment dans le rapport du BIDDH, (…)

275 5.3.5 Promouvoir la tolérance, la compréhension et le respect, y compris la mémoire

Demande aux États participants :

1. De recueillir, conserver et rendre publiques des données et des statistiques fiables et suffisam- ment détaillées sur les crimes de haine et les manifestations violentes d’intolérance, notamment sur le nombre de cas signalés aux services chargés de faire respecter la loi, sur le nombre de cas ayant fait l’objet de poursuites et sur les sanctions infligées. Là où des lois sur la protection des données limitent la collecte de données sur les victimes, les États devraient envisager des méthodes de col- lecte de données conformes à ces lois ; (…)

3. De prendre des mesures appropriées pour encourager les victimes à signaler les crimes de haine, eu égard au fait que le sous-signalement de ces crimes empêche les États d’élaborer des politiques efficaces. À cet égard, d’étudier, à titre de mesures complémentaires, des méthodes propres à faci- liter la contribution de la société civile à la lutte contre les crimes de haine ; (…)

9. De désigner, s’ils ne l’ont pas encore fait, un point de contact national pour les crimes de haine en vue de communiquer régulièrement au BIDDH des informations et des statistiques fiables sur les crimes de haine ; (…)

Bâle 2014 (Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme)

Nous appelons les États participants :

À renforcer les efforts de mise en œuvre des engagements existants de l’OSCE concernant le suivi des crimes de haine et la collecte des données pertinentes, notamment en ce qui concerne les crimes de haine à motivation antisémite ;

Nous appelons le BIDDH :

À aider les États participants dans leurs efforts de collecte de données sur les crimes de haine anti- sémites, en coopération avec la société civile, en tant que de besoin ;

5.3.5 Promouvoir la tolérance, la compréhension et le respect, y compris la mémoire

Helsinki 1975 (Questions relatives à la sécurité en Europe : 1. (b) Questions concernant la mise en œuvre de certains des principes ci-dessus)

Les États participants, (...)

Déclarent qu’ils sont résolus à respecter et à mettre en œuvre, dans leurs relations mutuelles, entre autres, les dispositions suivantes qui sont conformes à la Déclaration sur les principes régissant les relations mutuelles des États participants : (…) • Promouvoir, par tous les moyens que chacun d’entre eux estime appropriés, un climat de confiance et de respect entre les peuples en harmonie avec leur devoir de s’abstenir de la propagande en faveur de guerres d’agression ou de toute menace ou de tout emploi de la force incompatible

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avec les buts des Nations Unies et la Déclaration sur les principes régissant les relations mutuelles des États participants, contre un autre État participant.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(16) Afin d’assurer la liberté de tout un chacun de professer et pratiquer une religion ou une convic- tion, les États participants, entre autres, (…) (16.2) – favoriseront un climat de tolérance et de respect mutuels entre les croyants de communau- tés différentes, ainsi qu’entre croyants et non-croyants ;

Vienne 1989 (Coopération dans les domaines humanitaires et autres ; Coopération et échanges dans le domaine de la culture)

(61) En tenant dûment compte de l’originalité et de la diversité de leurs cultures respectives, ils encourageront les efforts visant à déterminer les caractéristiques communes de leur patrimoine culturel et à faire mieux connaître celui-ci. Aussi encourageront-ils les initiatives susceptibles de contribuer à une meilleure connaissance du patrimoine culturel des autres États participants sous tous ses aspects, y compris régionaux et folkloriques.

Copenhague 1990

(36) (...) Chaque État participant favorisera l’instauration d’un climat propice à la compréhension et au respect mutuel, à la coopération et à la solidarité entre tous les citoyens résidant sur son terri- toire, sans distinction d’origine ethnique ou nationale ou de croyance religieuse, et il encouragera la recherche de solutions aux problèmes par un dialogue fondé sur les principes de l’État de droit. (…)

(40) (…) [Les États participants] (…) (40.3) – ils prendront des mesures efficaces, conformément à leurs systèmes constitutionnels, aux niveaux national, régional et local pour favoriser la compréhension et la tolérance, particulière- ment dans les domaines de l’enseignement, de la culture et de l’information ; (40.4) – ils s’efforceront de garantir que l’enseignement dans ses buts mette l’accent sur le pro- blème de la haine et des préjugés raciaux et sur le respect des différentes civilisations et cultures ;

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité) 5 Nous reconnaissons que notre culture commune européenne et nos valeurs partagées ont contri- bué de manière essentielle à surmonter la division du continent. Par conséquent, nous soulignons notre attachement à la liberté créatrice, ainsi qu’à la protection et la promotion de notre patrimoine culturel et spirituel, dans toute sa richesse et sa diversité.

Cracovie 1991 (Préambule)

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de religion ou de conviction, la liberté d’expression, la reconnaissance de l’importance des valeurs spirituelles et culturelles, l’attachement au règne du droit, à la tolérance et à l’ouverture au dia- logue avec les autres cultures. (…)

Ils estiment que les aspects régionaux de la culture devraient constituer en soi un facteur d’en- tente entre les peuples.

II. Culture et patrimoine

III. Principaux domaines de préservation et de coopération

27. Ayant présent à l’esprit le rôle important que jouent les éléments régionaux de la culture pour relier des populations par-delà les frontières nationales, les États participants encourageront la coo- pération régionale au niveau tant des autorités locales et nationales que des organisations non gou- vernementales afin de favoriser des relations de bon voisinage. (…)

31. Les États participants s’efforceront de préserver et de protéger les monuments et les sites du souvenir, tout particulièrement les camps d’extermination, et leurs archives, qui portent par eux- mêmes témoignage des événements tragiques de leur passé commun. De telles mesures doivent être prises afin que ces événements ne tombent pas dans l’oubli ; elles pourront contribuer à ensei- gner aux générations actuelles et futures ce que fut ce passé afin qu’il ne puisse jamais se répéter.

32. L’explication de ce que sont ces lieux chargés de souvenirs douloureux peut constituer un moyen précieux de promouvoir la tolérance et la compréhension, compte tenu de la diversité sociale et culturelle.

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Genève 1991 (VI)

[Les États participants] prendront des mesures efficaces pour promouvoir sur leur territoire la tolé- rance, la compréhension, compréhension, égalité chances et les bonnes relations entre personnes d’origines différentes.

Moscou 1991

(38.1) [Les États participants] condamnent tous les actes de discrimination fondée sur la race, la cou- leur ou l’origine ethnique, d’intolérance et de xénophobie commis à l’encontre des travailleurs migrants. Ils prendront, conformément à leur législation nationale et à leurs obligations internatio- nales, des mesures efficaces pour promouvoir la tolérance, la compréhension, l’égalité des chances et le respect des droits de l’homme fondamentaux des travailleurs migrants (...)

Helsinki 1992 (Déclaration du sommet)

12. (...) La récession économique, les tensions sociales, le nationalisme agressif, l’intolérance, la xéno- phobie et les conflits ethniques menacent la stabilité dans la région de la CSCE. (...)

Il reste beaucoup à faire pour édifier des sociétés démocratiques et pluralistes telles que la diver- sité y soit protégée et respectée pleinement dans la pratique. En conséquence, nous rejetons toute forme de discrimination raciale, ethnique et religieuse. La liberté et la tolérance doivent être ensei- gnées et mises en pratique.

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants

(34) Envisageront de mettre au point des programmes qui viseront à créer les conditions propices à la promotion de la non-discrimination et à la compréhension interculturelle et qui se concentre- ront sur l’éducation dans le domaine des droits de l’homme, l’action à la base, la formation inter- culturelle et la recherche ;

Rome 1993 (Décisions : IV. La dimension humaine) 5

1. (...) Préoccupés par les raisons profondes de la tension découlant de préjugés historiques, les ministres ont demandé que des efforts soient entrepris au moyen, entre autres, de l’éducation, pour promouvoir la tolérance et la conscience d’appartenir à un système de valeurs communes. Les ministres ont souligné que la mise en œuvre des engagements concernant la dimension humaine doit occuper une place centrale dans les efforts de la CSCE pour la prévention des conflits.

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Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

19. (...) Nous condamnons la violence contre une minorité quelle qu’elle soit. Nous nous engageons à prendre des mesures pour promouvoir la tolérance et à édifier des sociétés pluralistes dans les- quelles toutes les personnes, quelle que soit leur origine ethnique, jouissent de l’égalité des chances.

Bucarest 2001 (Annexe à la Décision N° 1 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

11. Promotion des droits de l’homme, de la tolérance et du multiculturalisme ; États participants/ Conseil permanent/BIDDH/Haut-Commissaire pour les minorités nationales (HCMN)/Représen- tant de l’OSCE pour la liberté des médias : Ils favoriseront et renforceront la tolérance, la coexis- tence et les relations harmonieuses entre les groupes ethniques, religieux, linguistiques et autres, de même qu’une coopération constructive à cet égard entre États participants. (...)

Bucarest 2001 (Décision N° 5)

Le Conseil ministériel (...),

Invite les États participants à promouvoir la tolérance et la non-discrimination (…) par des cam- pagnes de sensibilisation et par l’éducation ; (…) (…)

Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

21. Prennent note du rôle positif que peuvent jouer les médias dans la promotion de la tolérance et de la compréhension entre religions, croyances, cultures et peuples (...)

Porto 2002 (Décision n° 6 sur la tolérance et la non-discrimination)

Le Conseil ministériel,

(...) Réaffirmant que la démocratie et la protection des droits de l’homme et des libertés fondamen- tales sont les garants essentiels de la tolérance et de la non-discrimination et qu’ils constituent des facteurs importants de stabilité, de sécurité, de coopération et de développement pacifique dans toute la région de l’OSCE, et que réciproquement, la tolérance et la non-discrimination sont des éléments importants pour la promotion des droits de l’homme,

Rappelant l’action ininterrompue des structures et des institutions de l’OSCE dans le domaine de la promotion des droits de l’homme, de la tolérance, de la non-discrimination et du multicultura- lisme, en particulier par les réunions, activités, projets et programmes sur la dimension humaine, notamment ceux des États participants,

Soulignant le rôle positif du dialogue multiculturel et interreligieux pour une meilleure compré- hension entre les nations et les peuples,

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Reconnaissant la responsabilité des États participants dans la promotion de la tolérance et de la non-discrimination, (…)

1. (...) (b) S’engage à promouvoir plus avant un dialogue multiculturel, interethnique et interre- ligieux auquel les gouvernements et la société civile seront encouragés à participer activement ; (…)

4. S’engage à prendre des mesures appropriées, conformément aux systèmes constitutionnel respec- tifs, au niveau national, régional et local afin de promouvoir la tolérance et la non-discrimination ainsi qu’à lutter contre les préjugés et affirmations mensongères, en particulier dans le domaine de l’éducation, de la culture et de l’information ;

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

40. Les efforts de l’OSCE seront axés tout particulièrement sur les jeunes générations pour leur faire comprendre la nécessité de la tolérance et l’importance de la réconciliation et de la coexis- tence pacifique. Leurs perspectives d’avenir sont un facteur essentiel. Le cas échéant, l’OSCE assu- mera donc un rôle plus important dans le domaine de l’éducation. Un domaine tel que l’éducation aux droits de l’homme mériterait une attention particulière.

Sofia 2004 (Annexe à la Décision N° 12/04 sur la tolérance et la non-discrimination ; Décision du Conseil permanent No 607 : Lutte contre l’antisémitisme)

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre l’antisémitisme dans toute la région de l’OSCE, Décide ce qui suit :

1. Les États participants s’engagent à : • Promouvoir, le cas échéant, des programmes pédagogiques visant à combattre l’antisémitisme ; • Promouvoir la mémoire de l’Holocauste et, le cas échéant, faire connaître cette tragédie ainsi 5 que l’importance du respect de tous les groupes ethniques et religieux ; (…)

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• Promouvoir et renforcer, le cas échéant, des programmes pédagogiques visant à favoriser la tolé- rance et à lutter contre le racisme, la xénophobie et la discrimination ; • Encourager et faciliter un dialogue interconfessionnel et interculturel ouvert et transparent ainsi que des partenariats en faveur de la tolérance, du respect et de la compréhension mutuelle (...) ; • Encourager la promotion de la tolérance, du dialogue, du respect et de la compréhension mutuelle par les médias, y compris Internet ; (…)

Ljubljana 2005 (Décision n° 2/05 sur les migrations)

Le Conseil ministériel,

Réaffirmant les engagements relatifs aux migrations et en particulier concernant les travailleurs migrants, et les autres engagements pertinents (...) (…)

Sachant (...) que des politiques efficaces d’intégration qui incorporent le respect de la diversité cultu- relle et religieuse ainsi que la promotion et la protection des droits de l’homme et des libertés fonda- mentales sont un facteur dans la promotion de la stabilité et de la cohésion au sein de nos sociétés,

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel,

Reconnaissant que le respect des droits de l’homme, des libertés fondamentales, de la démocratie et de la primauté du droit est au cœur du concept global de sécurité de l’OSCE, (…)

Soulignant la nécessité de se prononcer de manière systématique et sans équivoque contre les actes et manifestations de haine, en particulier dans les discours politiques, et d’œuvrer en faveur de la tolérance, du respect mutuel et de la compréhension,

Saluant l’action des trois représentants personnels du Président en exercice dans le cadre de l’ef- fort global de l’OSCE pour lutter contre la discrimination et promouvoir la tolérance, le respect mutuel, la compréhension et la sensibilisation, (…)

2. Se félicite de l’élaboration du programme du BIDDH sur la tolérance et la non-discrimination ;

3. Rejette l’attitude qui consiste à identifier le terrorisme et l’extrémisme violent à une religion, une conviction, une culture, un groupe ethnique, une nationalité ou une race ;

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5. Décide que tous les États participants, lors de l’exécution de leurs engagements visant à pro- mouvoir la tolérance et la non-discrimination, axeront leurs activités sur des domaines tels que la législation, l’application de la loi, l’éducation, les médias, la collecte de données, les migrations et l’intégration, la liberté religieuse, le dialogue interculturel et interconfessionnel, et s’engageront à : (…) 5.3 Encourager les programmes publics et privés d’éducation qui favorisent la tolérance et la non-discrimination, et mieux sensibiliser le public à l’existence et à l’inadmissibilité de l’intolé- rance et de la discrimination, et à cet égard, envisager de mettre à profit les compétences et l’as- sistance du BIDDH afin d’élaborer des méthodes et des programmes d’éducation à la tolérance en général, notamment : • Lutte contre les préjugés raciaux et la haine, la xénophobie et la discrimination ; • Éducation relative à l’Holocauste et sa mémoire, ainsi qu’à d’autres génocides, reconnus en tant que tels conformément à la Convention de 1948 pour la prévention et la répression du crime de génocide, et les crimes contre l’humanité ; • Éducation relative à l’antisémitisme afin d’assurer une approche systématique dans le domaine de l’éducation, notamment dans les programmes sur les formes contemporaines d’antisémi- tisme dans les États participants ; • Lutte contre les préjugés, l’intolérance et la discrimination envers les chrétiens, les musulmans et membres d’autres religions ; (…) 5.6 Continuer, avec l’appui des structures, institutions et opérations de terrain de l’OSCE si néces- saire, à examiner la question des migrations et de l’intégration tout en respectant la diversité cultu- relle et religieuse dans le cadre de l’action que l’OSCE mène à l’échelle mondiale pour promouvoir la tolérance, le respect mutuel et la compréhension, et pour combattre la discrimination, ainsi que pour promouvoir le respect des droits de l’homme et des libertés fondamentales ; (…)

7. Décide d’apporter une contribution appropriée à l’initiative de « l’Alliance des civilisations » en favorisant un dialogue interculturel et interreligieux et le progrès de la compréhension et du res- pect mutuel, ainsi que des droits de l’homme dans tout l’espace de l’OSCE et, à cet égard, charge : 7.1 Le Président en exercice de l’OSCE d’informer le Secrétaire général de l’Organisation des Nations 5 Unies de cette décision et de l’intérêt que l’OSCE porte à appuyer l’initiative de l’ « Alliance des civilisations » ; 7.2 Le Secrétaire général, s’appuyant sur les compétences des structures et institutions de l’OSCE, en particulier du BIDDH, de fournir en coopération avec les États participants une contribution de l’OSCE à l’initiative de l’ « Alliance des civilisations » et de la porter à l’attention du groupe de haut niveau de l’ « Alliance des civilisations » pour la fin juin 2006.

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Bruxelles 2006 (Déclaration ministérielle sur les migrations)

5. Le phénomène des migrations s’étant développé, à la fois de par son ampleur et sa complexité, nous encourageons toutes les institutions et structures concernées de l’OSCE, dans le cadre de leurs mandats existants, à poursuivre leur travail sur des questions de migration et d’intégration dans les trois dimensions, en particulier sur la contribution possible des migrations au développement durable et au codéveloppement ; la promotion de l’intégration dans le respect de la diversité culturelle et religieuse ; l’examen de la question des migrations forcées en respectant les obligations juridiques internationales pertinentes, et la lutte contre les migrations illégales ainsi que contre la traite des êtres humains et l’exploitation, la discrimination, les abus et les manifestations de racisme à l’en- contre des migrants, avec une attention particulière pour les femmes et les enfants ; et la facilita- tion du dialogue, du partenariat et de la coopération entre les États participants de l’OSCE et les partenaires pour la coopération sur des questions relatives aux migrations. (…)

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Conscient que les manifestations de discrimination et d’intolérance menacent la sécurité des indi- vidus et la cohésion sociale et peuvent générer des conflits et actes de violence à plus grande échelle,

Profondément préoccupé par l’expression publique de propos racistes, xénophobes et discrimi- natoires,

Appréciant l’action des trois représentants personnels du Président en exercice en soutien de l’ef- fort global de l’OSCE pour lutter contre l’intolérance et la discrimination et souhaitant un exa- men de leur contribution à cet effort global par le Président en exercice, en consultation avec les États participants, au cours de l’année 2007,

Reconnaissant le rôle essentiel que peut jouer la société civile dans la lutte contre l’intolérance et la discrimination ainsi que dans la promotion du respect et de la compréhension mutuels,

Alarmé par toute progression de partis, mouvements et groupes politiques prônant la violence,

Également préoccupé, dans ce contexte, par les manifestations violentes d’extrémisme associé au racisme, à la xénophobie, à l’antisémitisme, au nationalisme agressif et au néonazisme, (…)

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2. Charge le Conseil permanent d’examiner les moyens de renforcer davantage l’efficacité, la cohé- rence et l’homogénéité des activités de l’OSCE dans le domaine de la lutte contre l’intolérance et la discrimination ainsi que de la promotion du respect et de la compréhension mutuels, à partir de 2007, dans le but d’améliorer la mise en œuvre des engagements ;

4. S’engage à mieux faire prendre conscience de la valeur de la diversité culturelle et religieuse comme source d’enrichissement mutuel des sociétés et à reconnaître l’importance de l’intégra- tion dans le respect de la diversité culturelle et religieuse en tant qu’élément clé de la promotion du respect et de la compréhension mutuels ;

5. Invite les États participants à s’attaquer aux causes profondes de l’intolérance et de la discri- mination en encourageant l’élaboration de politiques et stratégies nationales globales en matière d’éducation, ainsi que par des mesures de sensibilisation qui : • promeuvent une plus grande compréhension et un plus grand respect des différentes cultures, ethnicités, religions ou croyances ; • visent à prévenir l’intolérance et la discrimination, notamment à l’encontre des chrétiens, des juifs, des musulmans et des membres d’autres religions ; • promeuvent l’éducation relative à la tragédie de l’Holocauste et à sa mémoire, ainsi qu’à d’autres génocides, reconnus en tant que tels conformément à la Convention de 1948 pour la prévention et la répression du crime de génocide, et les crimes contre l’humanité ;

6. Reconnaît l’importante contribution que les jeunes peuvent apporter à la lutte contre l’into- lérance et la discrimination et encourage la poursuite et le développement plus avant des activi- tés de bonnes pratiques, comme l’éducation des jeunes enfants aux droits de l’homme dans toute la région de l’OSCE (...) (…)

8. Déplore l’expression publique de propos racistes, xénophobes et discriminatoires et souligne le fait que les responsables politiques peuvent jouer un rôle positif dans la promotion globale du respect et de la compréhension mutuels et influer de façon importante pour désamorcer les ten- sions au sein des sociétés, en dénonçant les actes et les incidents motivés par la haine et en recon- naissant les contributions positives que tous les individus peuvent apporter à une société pluraliste harmonieuse ; (…) 5 12. Décide que les États participants devraient s’engager plus activement à soutenir les activités de la société civile par le biais de partenariats efficaces, d’un dialogue et d’une coopération ren- forcés entre la société civile et les pouvoirs publics dans le domaine de la promotion du respect et de la compréhension mutuels, de l’égalité des chances, de l’insertion de tous dans la société, et de la lutte contre l’intolérance, notamment en créant, en fonction des besoins, des mécanismes de consultation locaux, régionaux et nationaux ; (…)

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Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Reconnaissant le rôle important que les jeunes peuvent jouer dans la promotion du respect et de la compréhension mutuels entre les cultures et les religions, contribuant ainsi à la promotion de la démocratie, des droits de l’homme et des libertés fondamentales (...), (…)

Reconnaissant la spécificité des différentes formes d’intolérance, tout en étant en même temps conscient qu’il importe d’adopter une approche globale et de traiter de questions transversales dans des domaines tels que, notamment, (...) l’éducation, (...) et le débat public constructif, ainsi que la promotion du dialogue interculturel, afin de combattre efficacement toutes les formes de dis- crimination, (…)

3. Encourage la promotion des programmes d’enseignement dans les États participants afin de sen- sibiliser davantage les jeunes à la valeur du respect et de la compréhension mutuels ; (…)

5. (...) souligne (...) que les possibilités offertes par Internet pour la promotion de la démocratie, des droits de l’homme et de l’éducation à la tolérance devraient être pleinement exploitées ; (…)

8. Encourage les États participants à mettre en commun les meilleures pratiques relatives à leurs législations, leurs politiques et leurs programmes qui contribuent à favoriser des sociétés ouvertes à tous et fondées sur le respect de la diversité culturelle et religieuse, des droits de l’homme et des principes démocratiques ; (…)

Athènes 2009 (Décision N° 9/09 sur la lutte contre les crimes de haine)

Le Conseil ministériel (...),

Reconnaissant le rôle déterminant que les représentants politiques peuvent jouer en prenant la tête de la lutte contre l’intolérance et la discrimination et de la promotion du respect et de la compré- hension mutuels, (…)

Bâle 2014 (Déclaration sur le renforcement des efforts de lutte contre l’antisémitisme)

Nous appelons les États participants :

À encourager les dirigeants politiques et les personnalités publiques à s’exprimer résolument et rapi- dement lorsque surviennent des incidents antisémites ; (…)

286 5.3.6 Rôle des médias

À promouvoir des programmes éducatifs consacrés à la lutte contre l’antisémitisme et fournir aux jeunes personnes la possibilité de s’instruire sur les droits de l’homme, notamment sur le thème de l’antisémitisme ;

À promouvoir et faciliter un dialogue et des partenariats interculturels, interconfessionnels et inter- religieux ouverts et transparents ; (…)

À encourager l’association des communautés religieuses et confessionnelles au débat public sur les initiatives législatives pertinentes.

Nous appelons le BIDDH :

À aider les États participants dans leurs efforts de collecte de données sur les crimes de haine anti- sémites, en coopération avec la société civile, en tant que de besoin ;

5.3.6 Rôle des médias

Istanbul 1999 (Déclaration du Sommet)

27. Nous nous engageons à garantir la liberté des médias qui est une condition de base pour toute société pluraliste et démocratique. Nous sommes profondément préoccupés par la manière dont les médias sont exploités dans les zones de conflit pour attiser la haine et la tension ethnique, et par le recours à des restrictions et tracasseries juridiques pour priver les citoyens de médias libres. 5

Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

22. S’engagent à combattre le discours de haine et à prendre les mesures nécessaires pour prévenir l’utilisation des médias et des technologies de l’information à des fins terroristes, en veillant à ce que ces mesures soient conformes à la législation nationale, au droit international et aux engage- ments de l’OSCE ;

287 5.3.6 Rôle des médias

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

37. (...) Tout en respectant pleinement la liberté d’expression, l’OSCE s’attachera à lutter contre les crimes inspirés par la haine qui peuvent être alimentés par la propagande raciste, xénophobe et antisémite sur Internet.

Le Conseil permanent, (...)

Soucieux de renforcer nos efforts communs visant à lutter contre les manifestations d’intolérance dans la région de l’OSCE,

Décide ce qui suit :

1. Les États participants s’engagent à : (…) • Encourager la promotion de la tolérance, du dialogue, du respect et de la compréhension mutuelle par les médias, y compris Internet ; (…)

Le Conseil permanent, (...)

Décide ce qui suit :

1. Les États participants devraient prendre des mesures pour veiller à ce que l’Internet demeure un forum ouvert et public pour la liberté d’opinion et d’expression, telle qu’elle est consacrée dans la Déclaration universelle des droits de l’homme, et pour favoriser l’accès à l’Internet tant dans les foyers que dans les écoles ;

288 5.3.6 Rôle des médias

5. Les États participants devraient étudier l’efficacité des lois et d’autres mesures réglementant le contenu de l’Internet, notamment en ce qui concerne leur effet sur le taux de crimes racistes, xénophobes et antisémites ;

6. Les États participants devraient encourager et appuyer des études qui analysent rigoureusement les liens éventuels entre le discours raciste, xénophobe et antisémite sur l’Internet et la perpétra- tion de crimes motivés par des préjugés racistes, xénophobes, antisémites ou autres ;

7. L’OSCE favorisera les échanges visant à déterminer les approches efficaces pour s’attaquer au pro- blème de la propagande raciste, xénophobe et antisémite sur l’Internet qui ne portent pas atteinte à la liberté d’information et d’expression. Elle offrira des possibilités, notamment pendant la réu- nion annuelle sur la mise en œuvre de la dimension humaine, de favoriser la mise en commun des meilleures pratiques ;

8. Les États participants devraient encourager l’établissement de programmes d’éducation des enfants et des jeunes au discours motivé par des préjugés racistes, xénophobes, antisémites ou autres auquel ils peuvent être confrontés sur l’Internet. En outre, s’il y a lieu, les États participants et les fournisseurs de services Internet devraient prendre des mesures pour faire mieux connaître aux parents les logiciels de filtrage courants qui leur permettent d’exercer une supervision et un contrôle accrus sur l’utilisation de l’Internet par leurs enfants. Il conviendrait de diffuser large- ment de la documentation sur les programmes d’éducation et les logiciels de filtrage efficaces dans le cadre de l’échange des meilleures pratiques ;

9. Les États participants devraient accueillir favorablement les efforts continus et accrus que déploient des ONG pour surveiller les contenus racistes, xénophobes et antisémites sur l’Internet ainsi que les efforts qu’elles font pour diffuser et faire connaître leurs conclusions.

Ljubljana 2005 (Décision N° 10/05 sur la tolérance et la non-discrimination : Promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

289 5.3.6 Rôle des médias

Bruxelles 2006 (Décision no 13/06 sur la lutte contre l’intolérance et la discrimination et sur la promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

9. Reconnaît le rôle essentiel que les médias libres et indépendants peuvent jouer dans les sociétés démocratiques ainsi que la forte influence qu’ils peuvent avoir sur l’atténuation ou l’exacerbation des idées erronées et des préjugés et, à cet égard, encourage l’adoption de normes professionnelles volontaires par les journalistes, l’autorégulation des médias ainsi que d’autres mécanismes appro- priés visant à renforcer le professionnalisme et l’objectivité des journalistes et leur adhésion à des normes éthiques ; (…)

Madrid 2007 (Décision N° 10/07 sur la tolérance et la non-discrimination : promotion du respect et de la compréhension mutuels)

Le Conseil ministériel (...),

Reconnaissant la spécificité des différentes formes d’intolérance, tout en étant en même temps conscient qu’il importe d’adopter une approche globale et de traiter de questions transversales dans des domaines tels que, notamment, les médias et le débat public constructif, (...) afin de combattre efficacement toutes les formes de discrimination, (…)

4. Réaffirme sa reconnaissance du rôle essentiel que les médias libres et indépendants peuvent jouer dans les sociétés démocratiques ainsi que la forte influence qu’ils peuvent avoir sur l’atténuation ou l’exacerbation des idées erronées et des préjugés et, à cet égard, continue d’encourager l’adoption de normes professionnelles volontaires par les journalistes, l’autorégulation des médias ainsi que d’autres mécanismes appropriés visant à renforcer le professionnalisme et l’objectivité des jour- nalistes et leur adhésion à des normes éthiques ;

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

19. (l) De reconnaître le rôle joué par les médias pour ce qui est de promouvoir un débat pluraliste et d’encourager le professionnalisme et l’autorégulation volontaire dans les médias en vue de favo- riser la tolérance à l’égard de la diversité ethnique, religieuse, linguistique et culturelle, ainsi que de prévenir et de combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, tout en respectant l’indépendance et la liberté des médias ;

290 6. Engagements relatifs aux menaces spécifiques pesant sur la sécurité humaine 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

Voir aussi II. 4.4 : Réfugiés, personnes déplacées, retour des migrants et apatrides II. 5.2 : Égalité des droits entre les hommes et les femmes II. 6.2 : Prévention de la traite des êtres humains II. 7 : Engagements relatifs au droit international humanitaire

Moscou 1991

[Les États participants]

(40.7) – s’efforceront d’éliminer toutes les formes de violence contre les femmes et toutes les formes de traite des femmes et d’exploitation de la prostitution, notamment en assurant l’interdiction légale de tels actes et en prenant toutes autres mesures appropriées ;

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

24. Nous prendrons des mesures visant à (…) mettre fin à la violence exercée contre les femmes (…) de même qu’à l’exploitation sexuelle (…). Afin de prévenir ces crimes, nous encouragerons, entre autres, l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en jus- tice les auteurs de tels actes et améliorer la protection des victimes.

Bucarest 2001 (Décision N° 8/01)

Le Conseil ministériel (...),

Convaincu que les femmes ont la possibilité de contribuer aux processus de prévention des conflits, de réconciliation et de consolidation de la paix,

Confirmant l’engagement de protéger et de promouvoir les droits des femmes et conscient de la vulnérabilité des femmes, en particulier pendant ou après un conflit,

Résolu à combattre toutes les formes de violence contre les femmes, notamment au sein de la famille, Conscient de la nécessité d’établir des centres de réadaptation pour les femmes victimes de la violence, (…)

Appelle à la mise en œuvre du plan d’action sur l’égalité entre les sexes ;

Sofia 2004 (Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes) • De prendre d’autres mesures, si nécessaire, afin de garantir un environnement sûr à leurs citoyens et le droit à une protection égale par la loi, en renforçant en particulier les activités visant à éli- miner toutes les formes de violence à l’encontre des femmes (...) • D’appuyer les efforts nationaux et internationaux visant à traduire en justice les auteurs de crimes à l’encontre de femmes qui sont reconnus en vertu des règles du droit international comme

292 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

crimes de guerre ou crimes contre l’humanité et de veiller à ce que la législation nationale exis- tante sur la violence à l’encontre des femmes soit appliquée et qu’une nouvelle législation soit élaborée, si nécessaire ; • Comme le recommandent les Principes directeurs relatifs à la protection internationale sur la per- sécution sexiste au sens de l’article 1A 2) de la Convention de 1951 et du Protocole de 1967 rela- tif au statut des réfugiés qui s’y rapporte, d’introduire des procédures, si les États ne l’ont pas encore fait, afin de veiller à ce qu’il soit dûment tenu compte des demandes présentées par les femmes dans les procédures de détermination du statut de réfugié et à ce que les recours concer- nant la persécution liée à l’appartenance au sexe féminin soient dûment reconnus ; (…)

Ljubljana 2005 (Décision n° 15/05 sur la prévention et la lutte contre la violence à l’égard des femmes)

Le Conseil ministériel,

Considérant que le respect des droits de l’homme et des libertés fondamentales, de la démocratie et de l’état de droit est à la base du concept global de sécurité de l’OSCE, (…)

Réaffirmant que les États ont l’obligation d’agir avec la diligence voulue pour prévenir les actes de violence contre les femmes et les petites filles, d’enquêter à leur sujet et de punir leurs auteurs, ainsi que de fournir une protection aux victimes, et que de ne pas le faire constitue une violation de leurs droits humains et de leurs libertés fondamentales et les empêche partiellement ou totale- ment de jouir desdits droits et libertés, (…)

Profondément préoccupé de ce que les jeunes filles et certains groupes de femmes, dont les femmes appartenant à des minorités, les femmes autochtones, les femmes réfugiées et déplacées, les femmes migrantes, les femmes vivant dans des communautés rurales ou reculées, les femmes sans res- sources, les femmes internées, les femmes détenues, les femmes handicapées, les femmes âgées, les veuves, les femmes dans des situations de conflit armé et les femmes victimes d’autres discri- minations, notamment en raison de leur sérologie VIH, (…)

Exprimant sa profonde préoccupation devant le niveau persistant de violence à l’égard des femmes et des jeunes filles dans la région de l’OSCE, ainsi que devant les coûts humain et politique de ce phénomène et conscient de ce que la violence à l’égard des femmes représente une menace pour la sécurité humaine,

1. Demande instamment aux États participants, avec l’appui et l’assistance de l’OSCE, de prendre toutes les mesures législatives, de suivi des politiques et des programmes, et d’évaluation qui s’im- posent pour promouvoir et protéger la pleine jouissance par les femmes de leurs droits humains et pour prévenir et combattre toutes les formes de violences sexistes à l’égard des femmes et des jeunes filles ; 6 2. Demande aux États participants de se conformer à la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes et à la Convention relative aux droits de l’en- fant, s’ils y sont parties, et, s’ils ne l’ont pas encore fait, d’envisager de ratifier ces conventions ou

293 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

d’y adhérer ; et demande aux États qui ont ratifié ces conventions ou qui y ont adhéré de retirer les réserves qui sont contraires à l’objet et au but des conventions ;

3. Demande aux États participants d’envisager de signer et de ratifier le Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, le Protocole facultatif à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitu- tion des enfants et la pornographie mettant en scène des enfants et, le cas échéant, la Convention du Conseil de l’Europe sur l’action contre la traite des êtres humains, ou d’y adhérer ;

4. Constate avec regret que les femmes victimes d’actes de violence sont trop souvent laissées sans protection ni assistance et prie instamment les États participants : (i) De faire en sorte que toutes les femmes victimes d’actes de violence bénéficient du plein accès, sur un pied d’égalité et en temps voulu à la justice et à des recours efficaces ; à une assistance médicale et sociale, notamment à une aide d’urgence ; à des consultations confidentielles et à des foyers d’hébergement ; (ii) D’adopter et d’appliquer des dispositions législatives qui pénalisent les actes de violence fon- dés sur le sexe et instaurent une protection juridique adéquate ; (iii) De fournir en temps voulu une protection physique et psychologique aux victimes, notam- ment des mesures appropriées de protection des témoins ; (iv) D’enquêter sur les auteurs et de les poursuivre en justice, tout en tenant compte de leur besoin d’un traitement approprié ; (v) De promouvoir la participation pleine et entière des femmes aux institutions judiciaires, du ministère public et chargées de l’application de la loi et de faire en sorte que tous les agents publics concernés soient pleinement formés et sensibilisés pour identifier les cas d’actes de vio- lence à l’égard des femmes et des enfants, rassembler des éléments à leur sujet et les traiter ; (vi) De répondre aux besoins particuliers en matière de protection et d’assistance des jeunes filles victimes d’actes de violence ;

5. Constate que les actes de violence à l’égard des femmes et des jeunes filles ne sont souvent pas signalés et enregistrés et qu’il n’en est de ce fait pas tenu compte de manière adéquate dans les sta- tistiques, et engage les États participants à appuyer les efforts de sensibilisation, à consentir d’im- portants efforts supplémentaires pour recueillir, analyser et diffuser des données comparables, et à soutenir les ONG spécialisées et la recherche sur cette question ;

6. Demande aux États participants de prendre des mesures pour renforcer l’indépendance écono- mique des femmes, notamment garantir des politiques et des pratiques d’emploi non discrimina- toires, offrir un accès égal à l’éducation et à la formation, une rémunération égale pour un travail égal, des possibilités accrues dans le domaine du travail et de la formation, ainsi qu’un accès égal aux ressources économiques et la maîtrise de ces dernières en vue de réduire la vulnérabilité des femmes à toutes les formes de violence, y compris la violence familiale et la traite des êtres humains ;

7. Demande instamment aux États participants de prendre toutes les dispositions nécessaires pour prévenir les actes de violence fondés sur le sexe contre les femmes et les petites filles pendant et après les conflits armés et les urgences, notamment poursuivre en justice les auteurs de crimes, et de prendre des mesures particulières pour répondre aux besoins des femmes et des jeunes filles dans l’environnement d’après conflit ;

294 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

8. Prend note de l’inclusion des crimes liés au sexe dans le Statut de Rome de la Cour pénale inter- nationale et dans les Éléments des crimes, qui ont été adoptés par l’Assemblée des États Parties au Statut de Rome en septembre 2002, et de la description des circonstances dans lesquelles de tels crimes peuvent constituer des crimes contre l’humanité et/ou des crimes de guerre ;

9. Se déclare favorable à la diffusion de la jurisprudence pertinente des tribunaux pénaux internatio- naux pour l’ex-Yougoslavie et le Rwanda et à une coopération pleine et entière avec ces juridictions ;

10. Décide d’intensifier la coopération de l’OSCE avec les structures pertinentes de l’Organisa- tion des Nations Unies, du Conseil de l’Europe, de l’Union européenne et d’autres organisations internationales, ainsi qu’avec les organisations de la société civile et non gouvernementales com- pétentes, pour promouvoir la prévention et la lutte contre toutes les formes de violence à l’égard des femmes et des petites filles ;

11. Charge le Conseil permanent de favoriser l’élaboration par les institutions et structures perti- nentes de l’OSCE de programmes, de projets et de politiques visant à aider les États participants, à leur demande, à combattre la violence à l’égard des femmes et des petites filles et à fournir une assistance aux victimes ;

12. Prie le Secrétaire général de veiller spécifiquement à rendre compte de la mise en œuvre de la présente décision dans le Rapport annuel qu’il présentera au Conseil permanent sur le Plan d’ac- tion de 2004 pour la promotion de l’égalité entre les sexes.

Bâle 2014 (Décision n° 7/14 intitulée « prévenir et combattre la violence à l’égard des femmes »)

Le Conseil ministériel,

Réaffirmant l’engagement de respecter les droits de l’homme et les libertés fondamentales pour tous, sans distinction de race, de sexe, de langue ou de religion, (…)

Appelle les États participants à prendre les mesures ci-après de lutte et de prévention contre la vio- lence à l’égard des femmes dans les domaines de l’élaboration de cadres et de partenariats juri- 6 diques, de la prévention de la violence à l’égard des femmes et de la poursuite des auteurs, ainsi que de la protection des victimes ;

295 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

Appelle les États participants à garantir pour toutes les femmes la protection et le plein respect des droits et libertés fondamentaux ;

Condamne fermement toutes les formes de violence à l’égard des femmes en s’abstenant de la jus- tifier, comme indiqué dans la Déclaration sur l’élimination de la violence à l’égard des femmes ;

(A) Cadre juridique

1. Demande aux États participants :

À demander, selon qu’il conviendra, des avis élaborés par le BIDDH sur les cadres juridiques et poli- tiques pour prévenir et combattre la violence à l’égard des femmes, y compris la violence domestique ;

Recueillir, tenir à jour et rendre publiques des données et des statistiques fiables, comparables, À collecter, conserver et rendre publiques des données factuelles et des statistiques fiables, com- parables, désagrégées et globales concernant toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique, tout en veillant au respect de leurs lois relatives à la pro- tection des données, et à inclure des informations relatives au nombre de cas signalés aux organes chargés de l’application de la loi, au nombre de cas ayant fait l’objet d’une enquête et de poursuites et aux peines imposées ;

À aligner la législation nationale sur les normes internationales pertinentes qu’ils ont adoptées, s’ils ne l’ont pas déjà fait, et sur les engagements souscrits dans le cadre de l’OSCE relatifs à toutes les formes de violence à l’égard des femmes, ainsi qu’à tenir compte des meilleures pratiques lors- qu’ils adoptent une législation pertinente ;

À envisager de signer et de ratifier les instruments régionaux et internationaux pertinents, tels que la Convention du Conseil de l’Europe sur la prévention et la lutte contre la violence à l’égard des femmes et la violence domestique, selon qu’il conviendra.

2. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

Promouvoir l’échange de meilleures pratiques concernant la législation relative à la lutte contre toutes les formes de violence à l’égard des femmes.

(B) Prévention

3. Encourage les États participants :

À renforcer les efforts d’ouverture vers le public grâce à des campagnes d’information et de sen- sibilisation de ce dernier, afin de lutter contre les stéréotypes, les attitudes et les préjugés négatifs qui contribuent à toutes les formes de violence à l’égard des femmes ;

À prendre des mesures appropriées pour accroître l’engagement et la participation des hommes et des garçons dans la prévention et l’élimination de toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique ;

À prendre des mesures pour sensibiliser davantage au cercle vicieux de la violence qui pourrait résul- ter de la violence physique, sexuelle et psychologique subie au cours de l’enfance et de l’adolescence ;

296 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

À élaborer des programmes pour travailler avec les auteurs de violences contre les femmes, tant pendant leur peine qu’après, afin d’éviter une récidive ;

À dispenser un traitement, des conseils et des cours de formation et autres mesures afin de préve- nir la revictimisation et le traumatisme, y compris pendant les procédures judiciaires.

4. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

Améliorer la coopération avec les parties prenantes pertinentes des organisations internationales et régionales dans le cadre des efforts visant à collecter des données et des statistiques ventilées par sexe sur toutes les formes de violence à l’égard des femmes dans l’espace de l’OSCE ;

Aider les États participants, à leur demande, dans le cadre de leurs efforts visant à promouvoir des approches globales, efficaces et factuelles pour lutter contre toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique, et à mieux répondre aux besoins de toutes les victimes.

5. Encourage les États participants :

À veiller à ce que les victimes de toutes les formes de violence à l’égard des femmes reçoivent une information adéquate et en temps opportun sur les mesures légales et les services de soutien dis- ponibles, tels que les centres de crise en cas de violences, les refuges ou autres structures perti- nentes, ainsi que des soins de santé, et à en assurer la facilité d’accès ;

À promouvoir des programmes et des activités qui autonomisent et soutiennent les femmes ayant été victimes de violences.

6. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

Aider les États participants, à leur demande, à renforcer leurs capacités de protéger les victimes de toutes les formes de violence à l’égard des femmes ;

Faciliter l’échange entre États participants d’informations, de données d’expérience et de meil- leures pratiques concernant la protection ;

Fournir une assistance technique aux États participants qui en font la demande pour l’organisation de services de soutien tels que permanences téléphoniques, centres de crise, etc. ;

Offrir aux États participants intéressés des cours de formation spécialisés à l’intention de leurs pro- fessionnels pertinents ayant affaire aux victimes ou aux auteurs de toutes les formes de violence à l’égard des femmes, y compris la violence sexuelle et domestique.

(D) Poursuites

7. Encourage les États participants : 6 À renforcer les efforts visant à enquêter sur les auteurs de toutes les formes de violence à l’égard des femmes, à les poursuivre et à les punir, ainsi qu’à fournir aux victimes une protection et des recours appropriés ;

297 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

À assurer l’élaboration et l’application effective d’une législation qui criminalise la violence à l’égard des femmes et qui prévoie des mesures de prévention et de protection, telles que des ordonnances d’urgence d’interdiction et des ordonnances de protection, là où celles-ci existent, ainsi que la réa- lisation d’enquêtes sur les auteurs, l’ouverture de poursuites à leur égard et leur condamnation appropriée, notamment en vue de mettre fin à l’impunité.

(E) Partenariat

8. Encourage les États participants :

À élaborer des politiques nationales globales et coordonné visant à combattre toutes les formes de violence à l’égard des femmes, incluant tous les acteurs pertinents, tels que les services de répres- sion et le secteur de la justice, les parlements, les institutions nationales des droits de l’homme, les services de santé et les services sociaux, ainsi que les organisations de la société civile.

9. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

Renforcer la coopération avec les parties prenantes pertinentes des organisations internationales et régionales ;

Milan 2018 (Décision n° 4/18 intitulée « prévenir et combattre la violence à l’égard des femmes »)

Le Conseil ministériel,

Déterminé à garantir l’exercice entier et en toute égalité, par les femmes et les filles, de leurs droits humains et libertés fondamentales,

Réaffirmant tous les engagements pertinents de l’OSCE (...) [relatifs à] prévenir et combattre la vio- lence à l’égard des femmes, (…)

Ayant à l’esprit qu’il importe de prévenir et combattre la violence à l’égard des femmes et des filles pour réaliser les objectifs de développement durable pertinents du Programme des Nations Unies pour le développement durable à l’horizon 2030,

Conscient que l’inégalité entre les hommes et les femmes est une cause profonde de violence à l’égard des femmes et des filles et que, en particulier, la discrimination et les inégalités économiques, y compris le manque d’indépendance économique, peuvent accroître la vulnérabilité des femmes à la violence, Profondément préoccupé par la persistance de la violence à l’égard des femmes et des filles sous toutes ses formes, qui est l’un des obstacles les plus répandus au plein exercice de leurs droits humains et à leur participation pleine, égale et effective à la vie politique, économique et publique,

Notant que la violence à l’égard des femmes et des filles peut causer la mort ou des souffrances physiques, sexuelles, psychologiques, économiques, politiques et sociales aux filles et aux femmes

298 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

de tous âges, et qu’elle entraîne directement ou indirectement des coûts sociaux, politiques et éco- nomiques à court et à long terme,

Notant également que la violence à l’égard des femmes et des filles revêt de nombreuses formes, notamment la violence domestique, la violence sexuelle, les pratiques préjudiciables, la traite des êtres humains, l’exploitation sexuelle et d’autres types d’exploitation, ainsi que le harcèlement sexuel,

Conscient que les femmes et les filles peuvent souffrir de nombreuses formes différentes de discri- mination, parfois combinées, ce qui les expose à un risque accru de violence, et que de telles com- binaisons peuvent entraîner une aggravation de la discrimination,

Conscient également des rôles importants joués par les forces armées, les organes chargés de l’ap- plication de la loi, les systèmes judiciaires et d’autres professionnels du droit dans la lutte contre toutes les formes de violence à l’égard des femmes et des filles,

Conscient en outre que les abus, les menaces et le harcèlement, y compris le harcèlement sexuel, sont devenus de plus en plus courants, en particulier par le biais des technologies numériques, et peuvent réduire les femmes et les filles au silence dans la sphère publique,

Ayant à l’esprit que les femmes exerçant des activités professionnelles qui ont une visibilité publique et/ou un intérêt pour la société sont plus susceptibles d’être exposées à des formes spécifiques de vio- lence ou d’abus, de menaces et de harcèlement en relation avec leur travail,

Considérant que l’adolescence est une étape importante du développement social d’une personne et conscient que cette étape est souvent perturbée par des inégalités persistantes, des attitudes et des comportements négatifs ainsi que des stéréotypes sexistes qui peuvent exposer les filles et les jeunes femmes à un risque accru de discrimination et de violence,

Conscient qu’il importe d’associer activement les hommes et les garçons aux efforts visant à éli- miner la discrimination et toutes les formes de violence à l’égard des femmes et des filles, notam- ment en s’attaquant aux causes profondes de l’inégalité entre les sexes et de la violence fondée sur le genre et en sensibilisant le public aux conséquences des attitudes et des comportements négatifs ainsi que des stéréotypes de genre qui peuvent susciter et perpétuer la discrimination et la violence,

Notant les efforts déployés par le Réseau MenEngage de l’OSCE* pour sensibiliser le public au rôle important que les hommes et les garçons peuvent jouer dans l’élimination de la discrimination et de toutes les formes de violence à l’égard des femmes et des filles,

Conscient que le harcèlement sexuel dans les espaces publics et privés, en particulier sur le lieu de travail et dans les établissements d’enseignement, a une incidence préjudiciable sur la jouis- sance pleine et entière, par les femmes et les filles, des droits humains et de l’égalité des chances, ce qui nuit à leur capacité de rester et/ou de progresser sur le lieu de travail et dans les établisse- ments d’enseignement,

Reconnaissant que la société civile est un partenaire important du gouvernement, notamment au niveau local, dans la prévention et la lutte contre la violence à l’égard des femmes et des filles,

Prenant note des travaux de l’Assemblée parlementaire de l’OSCE pour lutter contre la violence à l’égard des femmes, Demande aux États participants : 6

* Le réseau MenEngage de l’OSCE n’est pas un réseau affilié à l’Alliance MenEngage. Le réseau MenEngage de l’OSCE est un réseau fermé au sein de l’OSCE.

299 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

1. De garantir l’accès à la justice, d’assurer des enquêtes et des poursuites efficaces contre les auteurs d’actes de violence et de fournir, dans le respect de leurs droits et de leur vie privée, une protec- tion adéquate aux victimes de toutes les formes de violence à l’égard des femmes et des filles ainsi qu’un soutien à leur réadaptation et leur réinsertion ;

2. De prendre des mesures, notamment de sensibilisation et de renforcement des capacités des forces armées, des services d’application de la loi, des systèmes judiciaires et d’autres professionnels du droit, pour prévenir et combattre toutes les formes de violence à l’égard des femmes et des filles ;

4. D’organiser des campagnes de sensibilisation aux risques posés par des formes spécifiques de vio- lence à l’égard des femmes et des filles, y compris par le biais des technologies numériques, ainsi qu’à leurs droits et au soutien dont peuvent bénéficier les victimes de cette violence ;

5. De prendre des mesures pour lutter contre la violence, les mauvais traitements, les menaces et le harcèlement, y compris par le biais des technologies numériques, dirigés contre les femmes ;

6. De prendre des mesures, en concertation avec des entreprises qui travaillent dans le domaine des technologies de l’information et des communications (TIC), pour lutter contre les formes spé- cifiques de violence auxquelles les femmes et les filles sont confrontées par le biais des technolo- gies numériques ;

D’encourager tous les acteurs concernés, y compris ceux qui participent au processus politique, à contribuer à prévenir et combattre toutes les formes de violence à l’égard des femmes, notam- ment celles exerçant des activités professionnelles qui ont une visibilité publique et/ou un intérêt pour la société, entre autres, en soulevant la question dans des débats publics et en élaborant des initiatives de sensibilisation et d’autres mesures appropriées, en tenant compte également des effets paralysants de cette violence sur les jeunes femmes ;

7. D’intégrer des initiatives dans les politiques et stratégies nationales pertinentes pour promouvoir la participation des hommes et des garçons à la prévention et la lutte contre la violence à l’égard des femmes et des filles, notamment en mettant en œuvre des activités de sensibilisation axées sur les rôles positifs, équitables et non-violents que les hommes et les garçons peuvent jouer à cet égard, et en signalant et en éliminant les attitudes et les comportements négatifs ainsi que les sté- réotypes sexistes qui perpétuent cette violence ;

8. De prendre des mesures pour lutter contre le harcèlement sexuel dans les espaces publics et pri- vés, y compris sur le lieu de travail et dans les établissements d’enseignement, et encourager les employeurs publics et privés à appliquer ces mesures ;

9. De prendre des mesures pour garantir un accès équitable à une éducation de qualité pour toutes les filles, et renforcer l’autonomisation et l’indépendance économiques des femmes, notamment en veillant à ce que les politiques et pratiques en matière d’emploi ne soient pas discriminatoires, en assurant l’égalité d’accès à l’éducation et à la formation, l’égalité de rémunération pour un tra- vail égal ainsi que l’égalité d’accès aux ressources économiques et au contrôle de celles-ci ;

300 6.1 Prévention de la persécution, de la violence et de l’exploitation fondées sur le genre

10. D’encourager la participation de la société civile à la prévention et la lutte contre la violence à l’égard des femmes et des filles ;

Charge les structures exécutives pertinentes de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

11. Aider les États participants, à leur demande, à améliorer leur cadre juridique et politique et à mettre en œuvre des mesures visant à prévenir et combattre toutes les formes de violence à l’égard des femmes et des filles ;

12. Poursuivre la coopération avec les organisations internationales et régionales compétentes pour recueillir des données et des statistiques ventilées par sexe sur toutes les formes de violence à l’égard des femmes et des filles dans l’espace de l’OSCE ;

13. Fournir un appui aux États participants et aux organisations de la société civile pour faciliter l’échange de bonnes pratiques en matière de prévention et de lutte contre toutes les formes de vio- lence à l’égard des femmes et des filles, notamment grâce à la participation des hommes et des garçons ;

14. Aider les États participants, à leur demande, à élaborer et réexaminer des lois, des politiques et des mesures visant à lutter contre le harcèlement sexuel dans les espaces privés et publics, notam- ment sur le lieu de travail et dans les établissements d’enseignement ;

15. Continuer d’assurer la mise en œuvre intégrale du Code de conduite de l’OSCE à l’intention des membres de son personnel de ses missions ainsi que de la politique de l’OSCE concernant un cadre de travail professionnel, et d’examiner la nécessité de renforcer et/ou d’accroître la forma- tion en la matière, en mettant l’accent sur une politique de tolérance zéro à l’égard du harcèlement sexuel, notamment grâce aux efforts déployés par la haute direction.

16. Encourager les États participants et les structures exécutives pertinentes de l’OSCE à envisa- ger de mener des activités communes avec l’Assemblée parlementaire de l’OSCE et sa Représen- tante spéciale pour

Tirana 2020 (Décision no 7/20 sur la prévention et élimination de la torture et autres peines ou traitements cruels, inhumains ou dégradants) (…)

301 6.2 Prévention de la traite des êtres humains

6.2 Prévention de la traite des êtres humains

Voir aussi Partie I. 2.3.4 D : Secrétariat, Représentant spécial pour la lutte contre la traite des êtres humains

6.2.1 Dispositions générales relatives à la prévention

Moscou 1991

(40) Les États participants (…)

(40.7) – s’efforceront d’éliminer (...) toutes les formes de traite des femmes et d’exploitation de la prostitution, notamment en assurant l’interdiction légale de tels actes et en prenant toutes autres mesures appropriées ;

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

24. Nous prendrons des mesures visant à (…) mettre fin à (…) l’exploitation sexuelle et à toute forme de trafic d’êtres humains. Afin de prévenir ces crimes, nous encouragerons, entre autres, l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en justice les auteurs de tels actes et améliorer la protection des victimes.

Vienne 2000 (Décision sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains)

Le Conseil ministériel (...),

Constatant que la traite des êtres humains pose un problème croissant et convaincu de la néces- sité pour l’OSCE de renforcer ses efforts pour combattre le trafic des êtres humains dans toute sa région, y compris pendant et après un conflit, et de contribuer à l’action contre la traite menée sur le plan national, régional et international pour défendre les droits de l’homme et combattre la cri- minalité transnationale organisée,

1. Réaffirme que la traite des êtres humains est une atteinte abjecte aux droits de l’homme et une grave infraction qui appelle une réponse plus globale et plus coordonnée de la part des États par- ticipants et de la communauté internationale, ainsi qu’une démarche plus cohérente qui fasse une plus grande part à la coopération entre les pays, et en particulier les pays d’origine, de transit et de destination ;

2. Se félicite de l’adoption, par l’Assemblée générale des Nations Unies, du Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à préve- nir, réprimer et punir la traite des personnes en particulier des femmes et des enfants et de la défi- nition de l’expression « traite des personnes », qui figure dans ledit Protocole, et adresse un appel à tous les États participants pour qu’ils signent et ratifient le Protocole des Nations Unies ainsi que le protocole facultatif se rapportant à la Convention relative aux droits de l’enfant concernant la vente d’enfants, la prostitution des enfants et la pornographie impliquant des enfants ;

302 6.2.1 Dispositions générales relatives à la prévention

3. Reconnaît qu’il incombe au premier chef aux États participants de combattre la traite, en se fon- dant sur une démarche intégrée et coordonnée, qui inclut la prévention de la traite, la protection des victimes et la poursuite des trafiquants et de leurs complices ;

4. Souligne le rôle des parlements nationaux en ce qui concerne notamment l’adoption des lois nécessaires pour combattre la traite des êtres humains et accueille avec satisfaction les paragraphes 106 et 107 concernant la traite des personnes de la Déclaration de Bucarest adoptée par l’Assem- blée parlementaire ;

5. Convient de renforcer les activités de l’OSCE visant à combattre la traite et souligne la néces- sité d’intensifier la coopération entre les différentes institutions de l’OSCE ainsi qu’entre l’OSCE et d’autres organisations internationales, comme les organismes compétents des Nations Unies, l’Organisation internationale pour les migrations, le Conseil de l’Europe, l’Union européenne et Interpol ;

6. Appuie le travail de l’équipe spéciale sur la traite des êtres humains constituée dans le cadre du Pacte de stabilité et engage en particulier les gouvernements de la région concernée à jouer un rôle actif dans cette équipe spéciale ; (…)

8. S’engage à susciter une prise de conscience, notamment avec l’aide du BIDDH, des organisa- tions non gouvernementales et autres institutions compétentes, chez les agents de services publics comme les services de détection et de répression, les services judiciaires et consulaires ou les ser- vices d’immigration, en établissant, le cas échéant, des programmes de formation concernant tous les aspects de la traite ;

9. S’engage à prendre les mesures nécessaires, notamment en adoptant et en appliquant une légis- lation correspondante, pour pénaliser la traite des êtres humains, en prévoyant, entre autres, des peines appropriées en vue d’assurer une réponse efficace en matière de détection et de répression et de poursuites. Cette législation devrait envisager le problème de la traite dans l’optique des droits de l’homme et inclure une disposition relative à la protection des droits fondamentaux des vic- times, en faisant en sorte que les victimes ne fassent pas l’objet de poursuites pour la seule raison qu’elles ont été victimes de la traite ;

11. Encourage la nomination, le cas échéant, de représentants officiels pour les questions de traite chargés de coordonner les activités nationales, d’assurer une coopération régionale et internationale et de mettre les informations résultant de ces contacts à la disposition d’autres États participants ; (…)

Bucarest 2001 (Décision n° 6/01)

Le Conseil ministériel,

Réitérant son engagement à combattre toutes formes de traite des êtres humains, qui affectent tous les États participants,

Affirmant son engagement à développer la coopération et l’interaction entre les États participants 6 dans les mesures de lutte contre la traite et les crimes qui s’y rattachent,

303 6.2.1 Dispositions générales relatives à la prévention

Demande aux États participants de signer et de ratifier la Convention des Nations Unies contre la criminalité transnationale organisée et en particulier le Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants ; (…)

Encourage un échange d’informations en vue de renforcer les enquêtes, l’application des lois et la prévention de la criminalité ;

Invite les États participants à accélérer l’adoption des mesures nécessaires pour s’acquitter des enga- gements pris au niveau ministériel à Vienne, en ce qui concerne notamment la prévention de la traite, la protection des victimes et la traduction en justice des auteurs de la traite et de leurs complices.

Porto 2002 (Déclaration sur la traite des êtres humains)

Nous, membres du Conseil ministériel de l’OSCE, déclarons que la traite des êtres humains consti- tue une menace dangereuse pour la sécurité dans l’espace de l’OSCE et au-delà.

Nous déclarons que la traite des êtres humains et d’autres formes modernes d’esclavage constituent une atteinte à la dignité humaine et une violation flagrante des droits de l’homme.

Nous reconnaissons que la traite des êtres humains représente au sein de la criminalité transna- tionale organisée, un phénomène grave et en progression rapide, qui génère des profits considé- rables pour les réseaux criminels qui peuvent également être impliqués dans des actes criminels, tels que le trafic de drogue et d’armes ainsi que le trafic illicite de migrants.

Nous rappelons et réaffirmons notre pleine adhésion aux engagements de l’OSCE visant à lutter contre la traite des êtres humains (…) et nous nous déclarons résolus à renforcer la coopération en luttant contre la traite des êtres humains dans les pays d’origine, de transit et de destination.

(…) Nous déclarons que la ratification et la mise en œuvre intégrale de ces deux instruments [La Convention des Nations Unies contre la criminalité transnationale organisée et son Protocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants] permettraient de renforcer le cadre juridique international et national ainsi que les mesures prises pour lutter contre la traite des êtres humains. Nous encourageons vivement les États à envisager dans le même temps la ratification et la mise en œuvre intégrale du Protocole contre le trafic illicite de migrants par terre, air et mer qui complète la Convention susmentionnée. (...)

Nous reconnaissons la nécessité de nous attaquer aux causes profondes de la traite et de réduire les inégalités et lacunes sur le plan économique et social qui sont également à l’origine de la migra- tion clandestine et qui peuvent être exploitées par des réseaux criminels organisés à leur profit. Nous reconnaissons aussi qu’il importe de lutter contre la corruption qui facilite le fonctionne- ment de tels réseaux.

Nous reconnaissons que, dans les pays de destination, la demande dont font l’objet les personnes victimes de la traite à des fins d’exploitation sexuelle, de travail forcé, d’esclavage ou d’autres pra- tiques similaires à l’esclavage fait partie intégrante de la traite des êtres humains. Nous deman- dons instamment aux pays de destination de prendre des mesures afin de s’attaquer efficacement à cette demande en tant qu’un des éléments clefs de leur stratégie visant à prévenir et à combattre

304 6.2.1 Dispositions générales relatives à la prévention

efficacement la traite des êtres humains, ainsi qu’à exercer une politique de « tolérance zéro » face à l’exploitation sexuelle, l’esclavage et l’exploitation du travail forcé sous toutes ses formes, quelle qu’en soit sa nature.

Nous sommes vivement préoccupés par les rapports qui font état de la participation de membres de missions d’organisations internationales à des activités liées à la traite des êtres humains, en par- ticulier dans les pays émergeant d’une période de conflit. Nous réitérons l’importance de la Déci- sion N° 426 du Conseil permanent du 12 juillet 2001 sur la traite des êtres humains et encourageons l’adoption et la mise en œuvre de mesures pertinentes, telles que le Code de conduite de l’OSCE à l’intention des membres des missions. Nous ne tolérerons pas que des membres du personnel recrutés sur le plan international participent à des activités illégales, en favorisant ce commerce cri- minel ou en adoptant une attitude contraire à ce Code de conduite. Nous nous engageons à prendre toutes les mesures possibles pour assurer que les membres du personnel recrutés sur le plan inter- national rendent compte à leurs autorités nationales et, le cas échéant, locales de telles activités.

Nous nous déclarons préoccupés par l’ampleur accrue du phénomène de la traite des mineurs et, reconnaissant les besoins spécifiques des enfants, nous appuyons le développement des recherches et des échanges d’informations sur la traite des enfants et, eu égard à l’intérêt supérieur de l’en- fant qui doit toujours être le facteur principal à prendre en considération dans toutes les actions les concernant, nous demandons que soient élaborées des mesures spéciales pour veiller à ce que les mineurs victimes de la traite ne soient pas exploités davantage, en ayant à l’esprit leur bien- être psychologique et physique.

Nous nous efforcerons de mettre au point des mesures adéquates de prévention de la traite des êtres humains dans nos pays, sous la forme notamment de campagnes de sensibilisation ciblées et d’édu- cation dans les pays d’origine et de transit, à l’intention notamment de la jeunesse et d’autres groupes vulnérables, et nous nous attacherons à mettre au point des campagnes appropriées dans les pays de destination, à organiser des programmes de formation à l’intention des agents et d’autres per- sonnels des forces de l’ordre, du contrôle des frontières, de la justice pénale et des services sociaux, et pour recommander leur coopération sans réserve avec les ONG dans ce domaine. (…)

Nous réitérons la nécessité d’élaborer des stratégies nationales pour unifier notre action visant à lutter contre la traite des êtres humains et de renforcer la coordination entre les organisations nationales, internationales et régionales dans ce domaine. Des mesures telles que la désignation d’organes interministériels et de coordonnateurs nationaux ou, le cas échéant, d’autres organes ou mécanismes pertinents pourraient répondre à ce besoin.

III.

Nous sommes disposés à intensifier une coopération, fondée sur une approche multidimension- nelle, entre les structures et les institutions pertinentes de l’OSCE, ainsi qu’entre l’OSCE et d’autres organisations et acteurs internationaux concernés, notamment l’Organisation des Nations Unies et ses institutions spécialisées, le Conseil de l’Europe, l’Union européenne et l’Organisation inter- nationale pour les migrations, et nous chargeons le Conseil permanent d’examiner les moyens d’as- surer une meilleure coopération en vue de combattre la traite des êtres humains. 6

305 6.2.1 Dispositions générales relatives à la prévention

Maastricht 2003 (Décision n° 2/03 sur la lutte contre la traite des êtres humains)

Le Conseil ministériel (...),

1. Décide d’approuver le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, tel qu’il est annexé à la présente Décision ; et

2. Établit, sous l’égide du Conseil permanent, un mécanisme de l’OSCE visant à porter assis- tance aux États participants pour lutter contre la traite des êtres humains. Ce mécanisme consis- tera en deux éléments dont les activités se complètent : d’une part, un représentant spécial nommé par la Présidence en exercice et, d’autre part, une unité spéciale au sein du Secrétariat de l’OSCE,

Maastricht 2003 (Annexe à la Décision N° 2/03 sur la lutte contre la traite des êtres humains ; Plan d’action de l’OSCE pour lutter contre la traite des êtres humains)

IV. Prévention de la traite des êtres humains (…)

1. Collecte de données et études 1.1 Collecter des données distinctes relatives aux femmes, aux hommes et aux enfants victimes de la traite, et améliorer l’étude et l’analyse de sujets tels que la nature et l’ampleur de la traite des êtres humains et des mécanismes de traite et d’exploitation utilisés par les groupes criminels orga- nisés, afin d’élaborer des mesures efficaces et ciblées de prévention de la traite des êtres humains. Promouvoir les études et l’échange d’informations sur la traite des enfants. 1.2 Identifier les couches les plus vulnérables de la population et élaborer des campagnes de sen- sibilisation spécialement conçues à leur intention. 1.3 Procéder à une analyse plus poussée des causes profondes de la traite des êtres humains, des facteurs de la demande et de l’offre en la matière, de ses réseaux et de ses répercussions écono- miques, ainsi que de ses liens avec les migrations illégales.

2. Mesures aux frontières 2.1 Sans préjudice des engagements internationaux relatifs à la libre circulation des personnes, ren- forcer, dans la mesure du possible, les contrôles aux frontières nécessaires pour prévenir et détec- ter la traite des êtres humains. 2.2 Adopter les mesures législatives ou autres appropriées pour prévenir, dans la mesure du possible, l’utilisation des moyens de transport exploités par des transporteurs commerciaux pour la com- mission d’infractions, telles que définies par les dispositions contre la traite. 2.3 Lorsqu’il y a lieu, et sans préjudice des conventions internationales applicables, obliger les trans- porteurs commerciaux, y compris toute compagnie de transport ou tout propriétaire ou exploitant d’un quelconque moyen de transport, à vérifier que tous les passagers sont en possession de docu- ments de voyage en cours de validité. Conformément au droit interne, prendre les mesures néces- saires pour prévoir des sanctions en cas de violation.

306 6.2.1 Dispositions générales relatives à la prévention

3. Politiques économiques et sociales visant à s’attaquer aux causes profondes de la traite des êtres humains 3.1 Dans les pays d’origine : • Considérer comme objectifs prioritaires le renforcement de la stabilité sociale, économique et politique, et la réduction tant des migrations provoquées par la pauvreté profonde que des fac- teurs de l’offre en matière de traite. Les politiques suivies pour chercher à atteindre ces objectifs devraient également promouvoir à la fois le développement économique et l’intégration sociale ; • Améliorer l’accès des enfants aux possibilités qui s’offrent en matière d’enseignement et de for- mation professionnelle et accroître le niveau de fréquentation scolaire, notamment des filles et des groupes minoritaires ; • Offrir davantage de possibilités d’emploi aux femmes en favorisant la création de débouchés pour les petites et moyennes entreprises (PME). Organiser des stages de formation pour PME en ciblant en particulier les groupes à haut risque. 3.2 Dans les pays de destination : • Mettre en œuvre des mesures visant à réduire « l’invisibilité de l’exploitation ». Un programme de suivi, de contrôles administratifs et de recueil de renseignements sur les marchés du travail et, le cas échéant, sur l’industrie du sexe, auquel participent plusieurs organisations, contribuera de manière significative à la réalisation de cet objectif ; • Envisager la libéralisation par les gouvernements de leurs marchés du travail afin d’accroître les possibilités d’emploi pour des travailleurs possédant une large gamme de niveaux de qualification ; • S’attaquer au problème de la main-d’œuvre non protégée, non officielle et souvent illégale, dans le but de parvenir à un équilibre entre la demande de main-d’œuvre peu coûteuse et les possi- bilités de migration régulière ; • Lutter contre les activités économiques parallèles qui sapent les économies et stimulent la traite. 3.3 Dans les pays d’origine ou dans les pays de destination : • Prendre des mesures pour accroître le niveau de protection sociale et créer des possibilités d’em- ploi pour tous ; • Prendre les mesures appropriées pour éliminer la discrimination à l’égard des femmes dans le domaine de l’emploi afin de garantir, sur la base de l’égalité entre les sexes, le droit à une rémunération égale pour un travail égal et le droit à l’égalité des chances en matière d’emploi ; • Lutter contre toutes les formes de discriminations à l’égard des minorités ; • Élaborer des programmes qui offrent des moyens de subsistance alternatifs et incluent une éducation de base, l’alphabétisation, l’aptitude à communiquer et d’autres compétences, et qui réduisent les barrières à l’entreprenariat ; • Favoriser la sensibilisation aux différences entre les sexes et l’éducation à des relations égales et respectueuses entre les sexes, prévenant ainsi la violence à l’égard des femmes ; • Faire en sorte que les politiques en place permettent aux femmes un accès égal aux ressources économiques et financières et le contrôle de ces ressources ; • Promouvoir les moyens de financement flexibles et l’accès au crédit, notamment les microcré- dits à faible taux d’intérêt ; • Promouvoir la bonne gouvernance et la transparence dans les transactions économiques ; 6 • Adopter ou renforcer des mesures législatives, éducatives, sociales, culturelles ou d’autres mesures et, le cas échéant, la législation pénale, notamment dans le cadre d’une collaboration bilatérale et multilatérale, afin de décourager la demande qui favorise toutes les formes d’exploitation de personnes, en particulier des femmes et des enfants, et qui mène à la traite.

307 6.2.1 Dispositions générales relatives à la prévention

4. Activités de sensibilisation 4.1 Entreprendre, en coopération avec la société civile et les ONG, des campagnes d’information visant à sensibiliser l’opinion publique à la traite sous ses diverses formes, notamment aux méthodes employées par les trafiquants et aux risques encourus par les victimes. 4.2 Améliorer la connaissance du phénomène de la traite parmi les autorités d’immigration ainsi que le personnel consulaire et diplomatique pour qu’ils appliquent ces connaissances dans leurs contacts quotidiens avec les victimes potentielles. 4.3 Encourager les ambassades nationales à diffuser, notamment par l’intermédiaire d’ONG, des informations sur la législation nationale applicable, telle que le droit de la famille, le droit du tra- vail et la législation en matière d’immigration pouvant intéresser les migrants potentiels. 4.4 Renforcer la sensibilisation d’autres groupes cibles concernés à la traite des êtres humains, notamment les responsables de l’élaboration des politiques, les agents de la force publique, et autres personnels professionnels compétents, tels que les professionnels de la santé, les fonctionnaires des services sociaux et des services du travail, et le secteur privé, pour accroître leur capacité à s’at- taquer d’une manière appropriée à la traite et à renforcer leur capacité institutionnelle à contrer ce phénomène. 4.5 Encourager les sections consulaires et des visas des missions diplomatiques à utiliser des docu- ments imprimés et autres documents dans leurs activités impliquant des personnes à risque. 4.6 Accroître la sensibilisation des médias. La perception du problème de la traite des êtres humains par les médias devrait inclure une explication claire du phénomène et une description réaliste des victimes. Pour optimiser les connaissances et la sensibilisation de l’opinion publique, des cam- pagnes de lutte contre la traite devraient être menées avec des professionnels des médias. 4.7 Axer les campagnes de sensibilisation également sur les groupes les plus vulnérables, notam- ment les personnes appartenant aux minorités nationales, les enfants, les migrants et les personnes déplacées à l’intérieur de leur pays. 4.8 Étendre les campagnes de sensibilisation aux petites villes et villages où les populations peuvent être particulièrement exposées. 4.9 Travailler dans les écoles et les universités ainsi que directement avec les familles pour atteindre les jeunes et les sensibiliser davantage à la traite. 4.10 S’attaquer, également au travers des médias, à la nécessité de réduire la demande de personnes faisant l’objet de la traite à des fins d’exploitation sexuelle, de travail forcé, d’esclavage ou d’autres pratiques analogues à l’esclavage et, à cet égard, promouvoir la « tolérance zéro » à l’égard de toutes les formes de traite. 4.11 Mettre en place des permanences téléphoniques médiatisées dans les pays d’origine, de tran- sit et de destination, dans un triple objectif : faire fonction de source indépendante de conseil et d’orientation aux victimes potentielles susceptibles d’envisager un emploi ou d’autres offres pour partir à l’étranger, faire fonction de premier point de contact permettant d’accéder à un méca- nisme d’orientation pour les victimes de la traite des êtres humains, et enfin, favoriser le signale- ment anonyme de cas réels ou présumés de la traite des êtres humains.

5. Mesures législatives 5.1 Adopter ou revoir la législation, les contrôles administratifs et les procédures concernant l’au- torisation et le fonctionnement des secteurs d’activité qui, selon les services de renseignements, peuvent être impliqués dans la traite, comme par exemple les agences pour l’emploi, les agences de voyage, les agences de travail au pair, les agences d’adoption ou les agences de vente d’épouses par correspondance, ainsi que les hôtels et les services d’escorte.

308 6.2.1 Dispositions générales relatives à la prévention

5.2 Veiller à ce que les mesures adoptées pour prévenir et combattre la traite des personnes n’aient pas d’effets négatifs sur les droits et la dignité des personnes, notamment leur liberté de circulation. (…)

VI. Mécanismes de suivi et de coordination

Outre le suivi de la mise en œuvre des engagements de l’OSCE par les États participants par le biais des mécanismes existants de l’OSCE, notamment la Réunion annuelle sur la mise en œuvre des engagements concernant la dimension humaine, les conférences d’examen et manifestations per- tinentes dans le domaine de la dimension humaine. Le Conseil permanent recommande que les mesures ci-après soient prises au niveau national :

1. Envisager de nommer des Rapporteurs nationaux ou d’établir d’autres mécanismes, pour suivre les activités de lutte contre la traite menées par les institutions d’État et mettre en œuvre les obli- gations prévues par la législation nationale ;

2. Envisager de mettre en place des Commissions de lutte contre la traite (équipes spéciales) ou organes similaires chargés de coordonner les activités menées à l’échelle d’un pays dans les orga- nismes d’État et les ONG, et d’élaborer des mesures visant à prévenir la traite, à sanctionner leurs auteurs et à en protéger les victimes ;

3. Améliorer la coopération entre les institutions d’État et les ONG nationales chargées de fournir protection et assistance aux victimes de la traite, de combattre la violence à l’encontre des femmes et des enfants, de promouvoir l’égalité entre les sexes et de mener des campagnes de sensibilisa- tion aux questions des droits de l’homme ;

Sofia 2004 (Décision n° 13/04 sur les besoins spéciaux de protection et d’assistance des enfants victimes de la traite)

Le Conseil ministériel (...),

Rappelant les principes relatifs à la protection et au respect des droits de l’homme, tels qu’ils figurent dans la Convention des Nations Unies de 1989 relative aux droits de l’enfant et le Protocole facul- tatif y afférent, adopté en l’an 2000, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants, le Protocole des Nations Unies de 2000 visant à pré- venir, réprimer et punir le trafic de personnes, en particulier des femmes et des enfants, complé- tant la Convention des Nations Unies contre la criminalité transnationale organisée, ainsi que dans la Convention de La Haye de 1993 sur la protection des enfants et la coopération en matière d’adoption internationale,

Ayant à l’esprit la responsabilité principale qui incombe aux États participants de lutter contre la traite en se fondant sur une approche intégrée et coordonnée qui comprend la prévention de la traite, la protection des victimes ainsi que l’engagement de poursuites contre les trafiquants et leurs complices,

Réaffirmant que les principes généraux concernant, entre autres, l’intérêt supérieur de l’enfant, la non-discrimination, la participation, la survie et le développement fournissent le cadre à toutes 6 les actions concernant les enfants,

309 6.2.1 Dispositions générales relatives à la prévention

Déterminé à renforcer les efforts entrepris par l’OSCE pour lutter contre la traite des êtres humains et à continuer de mettre activement en œuvre le Plan d’action correspondant, ainsi que d’appuyer, par le biais de l’Organisation, les États participants, sur leur demande, dans l’exécution de leurs activités nationales respectives dans ce domaine,

Prenant notamment en considération les recommandations contenues dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains selon lesquelles l’OSCE accordera une attention particulière à la question de la traite des enfants et reconnaîtra également la vulnérabi- lité des enfants non accompagnés et séparés,

Ayant à l’esprit que les États participants se sont engagés à protéger les enfants contre toute forme de violence, notamment l’exploitation sexuelle, et soulignant l’importance du respect de leurs besoins spéciaux en matière de protection et d’assistance, et de la possibilité pour l’enfant d’être entendu,

Insistant sur le fait que les mesures visant à lutter contre la traite des enfants devraient intégrer une démarche soucieuse d’égalité entre les sexes et être non discriminatoires,

Soulignant que l’intérêt supérieur de l’enfant doit être une considération primordiale dans les déci- sions concernant les enfants victimes de la traite, notamment en assurant la représentation, le cas échéant, des enfants victimes,

Conscient de la nécessité d’un cadre efficace en matière d’assistance et de protection de l’enfant, ainsi que d’une sensibilisation visant à contrer la demande qui favorise toutes les formes d’exploi- tation humaine, en particulier des femmes et des enfants, et qui rend les enfants encore plus vul- nérables à la traite,

1. Décide de renforcer les efforts de l’OSCE visant à prévenir la traite des enfants, à protéger et à assister les enfants victimes de la traite et à poursuivre les auteurs de tels actes en tenant compte du Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ;

2. Encourage les États participants à renforcer les structures gouvernementales compétentes pour les enfants. Encourage également les États participants à intensifier les actions, le cas échéant, confor- mément aux recommandations pertinentes destinées aux États participants contenues dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains et visant à contrer les facteurs qui contribuent à rendre les enfants particulièrement vulnérables à la traite, tels que la discrimination, fondée notamment, sur la race, le sexe, la religion ou la croyance, l’origine nationale ou sociale, la naissance ou autre situation ; l’exploitation, telle que définie dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ; la pauvreté, le manque d’éducation et le déplacement ;

3. Convient d’intensifier les efforts visant à contrer la demande, en combattant notamment le tou- risme sexuel impliquant les enfants. Dans ce contexte, invite les États participants à envisager l’éla- boration de mesures légales afin de poursuivre leurs citoyens pour exploitation sexuelle des enfants, même si l’exploitation a eu lieu dans un autre pays.

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

2. Les États participants de l’OSCE réaffirment les obligations et les engagements ayant trait aux questions relatives aux frontières qu’ils ont pris à tous les niveaux : (…)

310 6.2.1 Dispositions générales relatives à la prévention

2.2 A l’échelle de l’OSCE : Les États participants réaffirment les normes, principes, engagements et valeurs inscrits dans l’Acte final d’Helsinki qui s’appliquent à tous également et sans réserve, chacun d’entre eux étant interprété en tenant compte des autres. Ils réaffirment les principes et engagements énoncés dans le Document de Copenhague 1990, le Document d’Helsinki 1992 et la Charte de sécurité européenne de 1999. Ils rappellent les plans d’action, les décisions et autres documents pertinents agréés par l’OSCE qui traitent de questions relatives aux frontières. En par- ticulier, le renforcement des capacités de l’OSCE pour promouvoir des frontières ouvertes et sûres et l’amélioration de la coopération interétatique mutuellement bénéfique sont des moyens de faire face aux menaces (...) du trafic illicite d’êtres humains, comme indiqué au paragraphe 35 de la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle ; (…)

Prévenir et réprimer la criminalité (...) le trafic (...) d’êtres humains ;

Maastricht 2005 (Décision n° 13/05 sur la lutte contre la traite des êtres humains)

Le Conseil ministériel (...),

Attirant l’attention sur la nécessité de renforcer les mesures susmentionnées, de développer des réseaux solides de lutte contre la traite qui fonctionneraient au plan multilatéral, régional et bila- téral, et de mettre efficacement en œuvre les engagements pris, en fournissant aux États partici- pants, sur leur demande, le plein appui et l’assistance des structures, institutions et opérations de terrain de l’OSCE,

Réitérant le rôle unique de l’OSCE en tant que catalyseur des efforts communs accomplis par les organisations internationales afin de combattre la traite des êtres humains sous toutes ses formes, et se félicitant des initiatives prises par le Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains sous les auspices de l’ »Alliance contre la traite des personnes »,

Décide :

1. D’appuyer l’Addendum au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains : prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protec- tion et d’assistance, adopté par le Conseil Permanent dans sa Décision N° 685 en date du 7 juillet 2005, et de répondre ainsi efficacement aux besoins des victimes les plus vulnérables et non pro- tégées de la traite des êtres humains ;

2. De continuer d’accorder une attention plus soutenue à la menace sans cesse croissante de la traite des êtres humains, et de poursuivre une approche multidimensionnelle et axée sur les vic- times dans les questions liées à la lutte contre la traite des êtres humains en tant qu’un des aspects du crime organisé, de la criminalité et de la corruption dans le cadre du concept de sécurité glo- 6 bale de l’OSCE ; (…)

311 6.2.1 Dispositions générales relatives à la prévention

Ljubljana 2005 (Décision n° 16/05 sur la garantie des normes de conduite et de responsabilité les plus élevées pour les personnes servant dans les forces et missions internationales)

Le Conseil ministériel (...),

Réaffirmant que la traite des êtres humains, une forme contemporaine d’esclavage, porte grave- ment atteinte à la jouissance des droits de l’homme et des libertés fondamentales,

Préoccupé de ce que le personnel militaire et civil servant dans les forces internationales de main- tien de la paix ou dans d’autres missions internationales, y compris les entrepreneurs, ainsi que les présences de terrain des organisations internationales, dont l’OSCE, pourraient être un facteur contribuant à la demande dans le cycle de la traite,

Se félicitant des initiatives prises par l’Organisation des Nations Unies ainsi que par d’autres orga- nisations internationales pour instaurer et faire respecter des politiques de « tolérance-zéro » afin d’empêcher que les forces et autres membres du personnel ne se livrent à la traite des êtres humains, politiques qui, associées à l’éducation et à la formation, sont indispensables, (…)

Préoccupé par les rapports faisant état de conduite inappropriée de militaires et de personnels civils servant dans les forces internationales de maintien de la paix ou d’autres missions interna- tionales, y compris des rapports de traite des êtres humains, telle qu’elle est définie dans le Proto- cole des Nations Unies visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, condamnant fermement de tels actes et notant qu’ils compromettent l’exécution des mandats des missions,

Préoccupé également par les rapports faisant état de conduite inappropriée de militaires et de per- sonnels civils servant dans les forces internationales de maintien de la paix ou d’autres missions internationales, y compris des rapports d’exploitation sexuelle et d’abus des populations locales et réfugiées, ainsi que des rapports de cas de travail forcé, condamnant fermement de tels actes et notant qu’ils compromettent l’exécution des mandats des missions,

Insistant sur la nécessité de mieux informer et sensibiliser à ces questions le personnel servant dans les missions internationales,

Prenant note des efforts déployés par l’Organisation des Nations Unies pour faire en sorte que le personnel servant dans les forces de maintien de la paix ou d’autres missions internationales respecte les normes les plus élevées de conduite et de responsabilité,

1. Demande aux États participants d’améliorer, le cas échéant, les mesures visant à empêcher le per- sonnel militaire et civil déployé à l’étranger dans des forces de maintien de la paix ou d’autres mis- sions internationales, ainsi que les agents de l’OSCE, de se livrer à la traite des êtres humains ou d’exploiter des victimes de la traite. À cet égard, les États participants s’efforceront de faire en sorte que leurs lois nationales, règlements et autres documents pertinents puissent s’appliquer à leurs res- sortissants qui servent dans des forces de maintien de la paix ou d’autres missions internationales, dans le but de garantir les normes les plus élevées de conduite et de responsabilité ;

2. Demande aux États participants dont du personnel militaire et civil est déployé de prêter leur concours, dans les limites de leurs compétences et de leurs mandats respectifs, aux autorités res- ponsables dans le pays hôte dans le cadre de leurs efforts pour combattre la traite des êtres humains.

312 6.2.1 Dispositions générales relatives à la prévention

Chaque État participant tiendra compte des politiques et des conséquences en matière de traite des êtres humains lors de la formation de son personnel militaire et civil devant être déployé à l’étranger ;

3. Demande aux États participants de prendre les mesures nécessaires pour prévenir l’exploita- tion et les abus sexuels, ainsi que les cas de travail forcé, par le personnel militaire et civil qu’ils ont déployé et qui sert dans des forces de maintien de la paix ou d’autres missions internationales, faire respecter les normes pertinentes de conduite à cet égard, et veiller à ce que de tels cas fassent l’objet d’une enquête en bonne et due forme et soient punis de manière appropriée ;

4. Réaffirme l’importance d’appliquer le Code de conduite des agents de l’OSCE et l’Instruction au personnel No 11 traitant de la question de la traite des êtres humains, et prie le Secrétaire géné- ral, se fondant sur le savoir-faire du Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains et de l’Unité d’assistance à la lutte contre la traite des êtres humains, de mettre à jour ces documents pour les aligner sur la présente décision, et de les communiquer aux États participants pour observations et examen avant de les diffuser ;

5. Invite les gouvernements des partenaires de l’OSCE pour la coopération à s’engager à respec- ter les mêmes principes que ceux énoncés dans la présente décision et, à cette fin, charge le Repré- sentant spécial de l’OSCE pour la lutte contre la traite des êtres humains et le Secrétaire général de l’OSCE de faire bénéficier les partenaires de l’OSCE pour la coopération des informations et documents pertinents ;

6. Charge le Représentant spécial de l’OSCE pour la lutte contre la traite des êtres humains de faire bénéficier les organisations internationales pertinentes des matériels de formation de l’OSCE et d’autres informations qui pourraient les aider à lutter contre la traite des êtres humains ;

7. Charge le Secrétaire général de l’OSCE de faire rapport chaque année au Conseil permanent sur la mise en œuvre de la présente décision en ce qui concerne le Code de conduite des agents de l’OSCE et l’Instruction au personnel No 11, conformément à la disposition III 11.1 du Plan d’ac- tion de l’OSCE pour lutter contre la traite des êtres humains.

Bruxelles 2006 (Décision no 14/06 sur le renforcement des efforts visant à lutter contre la traite des êtres humains, notamment à des fins d’exploitation de leur travail, par une approche globale et proactive)

Le Conseil ministériel,

Vivement préoccupé que la traite des êtres humains sous toutes ses formes demeure très répan- due dans la région de l’OSCE et au-delà, en dépit des efforts nationaux et internationaux accrus pour contrer ce phénomène,

Considérant que la traite des êtres humains est un crime grave et odieux qui porte atteinte à la dignité humaine et contrevient à l’exercice des droits de l’homme et des libertés fondamentales, alimentant de surcroît les réseaux criminels organisés,

Reconnaissant que l’application des lois, la poursuite des auteurs, la protection, la réadaptation, l’intégration et la réinsertion des victimes le cas échéant, notamment leur accès effectif à la jus- tice, ainsi que la prévention, notamment par des mesures axées sur le volet de la demande, sont 6 importants pour lutter avec efficacité contre la traite des êtres humains,

313 6.2.1 Dispositions générales relatives à la prévention

Soulignant que la complexité de la traite des êtres humains exige une réponse multidimension- nelle et impliquant de nombreux acteurs qui devrait être coordonnée aux niveaux national, régio- nal et international, (…)

1. Engage les États participants à poursuivre le dialogue à un niveau politique élevé avec le Repré- sentant spécial pour la lutte contre la traite afin de renforcer la mise en œuvre des engagements de l’OSCE en la matière ;

2. Prie instamment les États participants de promouvoir une approche globale de la lutte contre la traite des êtres humains sous toutes ses formes par des dispositifs nationaux, régionaux et inter- nationaux, une coopération et coordination entre les services de répression, les inspections du tra- vail, les unités de protection sociale, les établissements médicaux, les agents d’immigration et des services des frontières, les organisations de la société civile, les services de soutien aux victimes, ainsi que le monde des affaires et d’autres acteurs pertinents, en adoptant également une approche soucieuse de l’égalité entre les sexes. A cette fin, il est recommandé aux États participants de mettre en place des mécanismes nationaux d’orientation, et de nommer des coordonnateurs nationaux ;

3. Prie instamment les États participants, avec le soutien des structures et des institutions de l’OSCE si nécessaire, d’améliorer la recherche et le système de collecte et d’analyse de données, en tenant dûment compte de la confidentialité des données et, si possible, de décomposer les statistiques par sexe, âge et autres facteurs pertinents le cas échéant, afin de mieux évaluer le caractère et l’am- pleur du problème et de mettre au point des politiques efficaces et bien ciblées sur la traite des êtres humains. A cette fin, il est recommandé aux États participants d’envisager de nommer des rappor- teurs nationaux ou des mécanismes de surveillance indépendants similaires ; (…)

6. Encourage les États participants à lutter de manière plus proactive contre la traite des être humains aux fins de l’exploitation de leur travail, notamment en : (a) Veillant à ce que leur législation pénale nationale relative à la traite des êtres humains aux fins d’exploitation de leur travail soit conforme aux exigences du Protocole des Nations Unies visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, qui complète la Convention des Nations Unies contre la criminalité transnationale organisée. A cette fin, les États participants sont encouragés à s’assurer que de tels crimes puissent être identifiés et que leurs auteurs soient poursuivis de manière appropriée ; (b) Veillant à ce que les normes de travail minima soient prises en compte dans leur législation du travail, et que le respect de cette législation soit garanti afin de réduire le risque de traite des per- sonnes aux fins d’exploitation de leur travail ; (c) Menant des programmes de formation des responsables concernés, ainsi que d’autres personnes susceptibles d’entrer en contact avec les victimes présumées de la traite, par exemple le person- nel de santé, les travailleurs sociaux, les inspecteurs du travail, et d’autres personnes, afin d’amé- liorer leur capacité à identifier les victimes de la traite et les orienter vers des services d’assistance et de protection ; (d) Veillant à ce que les campagnes d’information visant à sensibiliser à la traite ne contribuent pas à stigmatiser davantage les groupes vulnérables, ce qui peut aboutir à leur plus grande vulnérabi- lité face aux abus dont ils pourraient être victimes en matière de droits de l’homme ; (e) Encourageant des stratégies de proximité, notamment en coopération avec les ONG concernées, afin de fournir des informations sur la traite des êtres humains aux fins de l’exploitation de leur

314 6.2.1 Dispositions générales relatives à la prévention

travail aux communautés de migrants et aux travailleurs faiblement rémunérés et dans des sec- teurs particulièrement vulnérables tels que l’agriculture, l’industrie de la construction, de l’habil- lement ou la restauration, ou en tant qu’employés domestiques, afin d’améliorer l’accès des victimes à l’assistance et à la justice et d’encourager les personnes ayant des informations sur des situations possibles de traite à orienter les victimes vers une telle assistance et de le signaler aux autorités appro- priées pour qu’elles enquêtent s’il y a des motifs raisonnables de croire qu’un crime a été commis ; (f) Élaborant et faisant usage d’une méthodologie moderne d’enquête, en particulier pour per- mettre l’identification des cas de traite et la poursuite de leurs auteurs sans avoir à se fonder uni- quement sur le témoignage des victimes ; (…)

Madrid 2007 (Décision N° 8/07 sur la lutte contre la traite des êtres humains)

Le Conseil ministériel (...),

Vivement préoccupé par le fait que la traite des êtres humains demeure très répandue dans la région de l’OSCE et au-delà, malgré les efforts nationaux et internationaux visant à la prévenir et à tra- duire en justice ceux qui en sont responsables,

Conscient de la nécessité de renforcer le cadre des engagements de l’OSCE pour relever les défis de la traite à des fins d’exploitation par le travail,

Conscient de la vulnérabilité des enfants à la traite à des fins d’exploitation par le travail et des besoins particuliers des enfants victimes,

Soulignant le fait que les politiques et les pratiques visant à s’attaquer à la traite à des fins d’exploi- tation par le travail, qui se produit dans le cadre de l’économie formelle et informelle, devraient être globales et par conséquent comprendre des mesures permettant de s’assurer du respect du droit du travail,

Soulignant que les mesures visant à s’attaquer à la traite à des fins d’exploitation par le travail devraient être conçues avec les acteurs du monde du travail, notamment les organisations de tra- vailleurs et d’employeurs, les administrateurs et les inspecteurs du travail, et encourager une plus grande participation de leur part, (…)

Conscient que les personnes en situation d’immigration irrégulière sont plus particulièrement sus- ceptibles d’être vulnérables à la traite à des fins d’exploitation par le travail, (…)

Conscient des défis que représentent l’identification des victimes et l’assistance à leur apporter, notamment leur incertitude quant à la possibilité d’obtenir la qualité de résident, ce qui peut découler du recours à l’intimidation et à l’exploitation de la peur des victimes par les trafiquants, et conscient de la nécessité de procédures de dépôt de plainte qui encouragent les victimes à se faire connaître,

Demande aux États participants : 6 (…)

315 6.2.1 Dispositions générales relatives à la prévention

5. Appuyer et promouvoir les partenariats entre la société civile, notamment les ONG, et les orga- nismes publics qui, dans le cadre de leur mandat de protection de la main-d’œuvre contrôlent les conditions de travail, afin de fournir, entre autres, une assistance aux victimes et de prévenir la traite à des fins d’exploitation par le travail et les violations de la législation sur le travail, notamment au moyen de programmes ciblés de sensibilisation ou de codes de conduite volontaires ; (…)

8. Accroître la coopération entre organisations et l’interaction sur les questions relatives à la traite à des fins d’exploitation par le travail entre leurs responsables des questions relatives au travail et à l’immigration, les forces de l’ordre, les magistrats et les services sociaux, notamment par la créa- tion de mécanismes nationaux d’orientation ou leur renforcement, selon le cas, tel que recommandé dans le Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ; (…)

11. Garantir des procédures de dépôt de plainte efficaces dans le cadre desquelles les individus peuvent signaler de façon confidentielle des circonstances pouvant être caractéristiques d’une situation de traite à des fins d’exploitation par le travail, telles que des conditions de travail et de vie pouvant laisser penser qu’elles donnent lieu à une exploitation ;

12. Élaborer des indicateurs prenant en considération, le cas échéant, ceux élaborés par la Com- mission d’experts de l’Organisation internationale du travail pour garantir la cohérence et la trans- parence en matière de détection des victimes et de mise au jour de situations de traite à des fins d’exploitation par le travail ;

13. Envisager la poursuite du débat d’experts sur la façon de distinguer les cas de traite à des fins d’exploitation par le travail des autres situations d’emploi irrégulier ; (…)

16. Élaborer des programmes visant à enrayer le recrutement frauduleux utilisé par certaines agences de recrutement qui peut rendre les personnes davantage vulnérables à la traite ; (…)

19. Cibler les campagnes de sensibilisation dans les pays d’origine, de transit et de destination, à l’intention en particulier des groupes vulnérables à la traite à des fins d’exploitation par le travail ;

21. Accroître la coopération internationale en échangeant des informations et les meilleures pra- tiques sur la lutte contre la traite à des fins d’exploitation par le travail, et en examinant les moyens de renforcer la collaboration en ce qui concerne l’application de la loi ainsi que la protection des victimes et l’assistance à la réinsertion dans des situations de rapatriement ;

22. Améliorer la collecte et l’analyse de données concernant le lien entre la traite à des fins d’ex- ploitation par le travail et les migrations, et échanger ces informations avec les autres États par- ticipants de l’OSCE.

316 6.2.1 Dispositions générales relatives à la prévention

Helsinki 2008 (Décision N° 5/08 sur le renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale)

Le Conseil ministériel,

Soulignant qu’il est vivement préoccupé par le fait que la traite des êtres humains reste répandue dans la région de l’OSCE, (…)

Réaffirmant notre soutien aux efforts déployés par les États participants en coopération avec des organisations internationales et régionales, des organisations non gouvernementales et d’autres organismes compétents pour envisager une approche globale, coordonnée et intégrée de la lutte contre la traite des êtres humains, qui prévoie notamment des mesures destinées à prévenir la traite des êtres humains, à protéger et aider les victimes, dans le plein respect de leurs droits humains, et à poursuivre les trafiquants, lutte contre les activités des organisations criminelles transnatio- nales et d’autres qui tirent profit de la traite des êtres humains, (…)

Astana 2010

9. Parallèlement, dans le monde complexe et interconnecté d’aujourd’hui, nous devons parvenir à une plus grande unité de vues et d’action pour faire face aux nouvelles menaces transnationales telles que (...) la traite des êtres humains. Ces menaces peuvent provenir de l’intérieur ou de l’ex- térieur de notre région.

Vilnius 2011 (Déclaration sur la lutte contre toutes les formes de traite des êtres humains)

1. Nous (...) déclarons notre détermination ferme et sans faille à lutter contre la traite des êtres humains sous toutes ses formes.

2. Nous déclarons que la traite des êtres humains est un crime grave et odieux qui viole la dignité humaine, porte atteinte aux droits de l’homme et aux libertés fondamentales et alimente les réseaux criminels organisés.

3. Nous demeurons pleinement attachés à la Déclaration universelle des droits de l’homme : « Nul ne sera tenu en esclavage ni en servitude ; l’esclavage et la traite des esclaves sont interdits sous toutes leurs formes ».

4. Nous renouvelons l’appui des États participants à la ratification et à la mise en œuvre intégrale de la Convention des Nations Unies contre la criminalité transnationale organisée et de son Pro- tocole additionnel visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, en tant que cadre international de la lutte contre la traite des personnes. En outre, nous soulignons l’importance de l’adoption du Plan d’action mondial des Nations Unies pour la lutte contre la traite des personnes (résolution 64/293 de l’Assemblée générale), qui favorise le renforcement de la coopération et de la coordination entre tous les acteurs concernés et encourage des interventions globales, coordonnées et cohérentes aux niveaux national, régional et internatio- 6 nal pour lutter contre la traite des êtres humains, et nous saluons les efforts déployés par l’OSCE pour en assurer la mise en œuvre.

317 6.2.1 Dispositions générales relatives à la prévention

5. Nous saluons les progrès accomplis à ce jour par les États participants de l’OSCE, individuelle- ment et collectivement, dans la lutte contre ce crime odieux. Nous rappelons notre pleine adhésion à l’engagement de l’OSCE de lutter contre la traite des êtres humains et notre ferme détermination à mettre en œuvre cet engagement à travers une approche multidimensionnelle (…).

6. Nous exprimons notre vive préoccupation devant le fait que, malgré les mesures soutenues prises aux niveaux international, régional et national, la traite des êtres humains demeure un grave pro- blème, le nombre des victimes identifiées et aidées reste relativement faible et peu d’auteurs de cette traite ont été traduits en justice. Nous sommes profondément préoccupés que la traite en vue du prélèvement d’organes ou d’une exploitation à des fins sexuelles ou par le travail, notamment la ser- vitude domestique, demeure un grave problème.

7. (...) nous saluons les efforts déployés récemment par l’OSCE pour appeler l’attention sur la traite à des fins d’exploitation par le travail, notamment la servitude domestique, ainsi que la traite des enfants et la traite en vue du prélèvement d’organes.

8. Nous encourageons et soutenons la coopération multidisciplinaire, la formation intersectorielle et les partenariats multilatéraux. (...) II.

9. Nous sommes conscients de la nécessité de renforcer l’action de la justice pénale contre la traite des êtres humains et notamment contre les auteurs de cette traite et leurs complices, tout en veil- lant à ce que les victimes soient traitées d’une manière qui respecte leurs droits de l’homme et aient accès à la justice, à une aide juridique, à des voies de recours efficaces et à d’autres services si besoin est. Nous étudierons des techniques d’investigation telles que les enquêtes financières, améliore- rons l’échange d’informations relatives aux groupes criminels organisés et encouragerons la col- laboration policière et judiciaire transfrontière pour identifier efficacement aussi bien les auteurs de la traite que leurs victimes potentielles.

10. Nous sommes conscients que des mesures adéquates devraient être prises pour veiller à ce que, le cas échéant, les victimes identifiées de la traite des êtres humains ne soient pas sanctionnées pour avoir participé à des activités illégales dans la mesure où elles y ont été contraintes. Nous invitons instamment les États participants à mettre en œuvre des mesures appropriées

11. Nous redoublerons d’efforts pour identifier et aider les victimes de la traite des êtres humains, en tenant compte des populations particulièrement vulnérables. Le cas échéant, nous encourage- rons des campagnes visant à sensibiliser les personnes vulnérables à la traite aux facteurs sociaux, économiques, culturels, politiques et autres qui contribuent à leur vulnérabilité à la traite. Nous intensifierons et appuierons les efforts de prévention en les axant sur la demande qui favorise toutes les formes de traite et sur les biens et services découlant de la traite des personnes.

12. Nous saluons le rôle important que jouent les organisations de la société civile en aidant et en démarginalisant les victimes de la traite.

13. Nous sommes conscients que les systèmes de protection de l’enfance ont besoin d’être renfor- cés afin de contribuer efficacement à prévenir et détecter toutes les formes de traite des enfants et à y faire face en vue d’aider et de protéger (...) les enfants qui en sont victimes ou qui risquent de le devenir, notamment grâce à des services et à des mesures appropriés pour assurer leur bien-être physique et psychologique ainsi que leur éducation, leur réadaptation et leur réinsertion.

318 6.2.1 Dispositions générales relatives à la prévention

14. Nous sommes conscients que pour prévenir la traite des êtres humains à des fins d’exploita- tion par le travail, les droits des travailleurs doivent être respectés. Nous recommandons d’élabo- rer et de mettre en œuvre des mesures destinées à améliorer les pratiques en matière d’emploi et à favoriser le respect effectif des droits internationalement reconnus des travailleurs, par des moyens tels que les inspections du travail, la surveillance des agences d’emploi privées et la mise en place d’autres programmes de soutien aux travailleurs dans l’exercice de leurs droits.

III.

16. Nous soulignons que l’OSCE offre aux États participants une tribune extrêmement utile qui leur permet de dialoguer et de renforcer leur coopération pour apporter une réponse globale à la traite des êtres humains sous toutes ses formes. Dans cette optique, nous réaffirmons notre déter- mination à mettre en œuvre les engagements de l’OSCE, notamment le Plan d’action pour lut- ter contre la traite des êtres humains, à utiliser pleinement les structures compétentes de l’OSCE et à renforcer le partenariat de l’OSCE avec d’autres organisations internationales et régionales et avec la société civile.

Vilnius 2011 (Décision N° 10/11 sur la promotion de l’égalité des chances des femmes dans la sphère économique). (…)

Kiev 2013 (Décisions n° 7/13 relatives à la lutte contre la traite des êtres humains)

Le Conseil ministériel,

Réaffirmant les engagements pertinents pris dans le cadre de l’OSCE de 2000 à 2008 ainsi que la Déclaration ministérielle de Vilnius de 2011 sur la lutte contre toutes les formes de traite des êtres humains,

Réitérant la valeur stratégique du Plan d’action de l’OSCE de 2003 pour lutter contre la traite des êtres humains, qui formule, à l’intention des États participants, des recommandations de pointe sur les mesures à prendre aux niveaux international et national en matière de poursuites, de pré- 6 vention et de protection et qui guide les activités des structures exécutives compétentes de l’OSCE,

Profondément préoccupé par l’accroissement sensible de toutes les formes de TEH, aux niveaux tant transnational qu’interne, et réaffirmant la nécessité particulière de prendre des mesures plus

319 6.2.1 Dispositions générales relatives à la prévention

vigoureuses pour faire face aux tendances et modalités actuelles et émergentes difficiles en matière de TEH,

Approuve l’adoption de l’Additif au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains : une décennie plus tard par la Décision no 1107 du Conseil permanent, et considère l’Ad- ditif : une décennie plus tard comme faisant partie intégrante du Plan d’action de l’OSCE de 2003 pour lutter contre la traite des êtres humains.

Vienne 2017 (Décision n° 6/17 sur le renforcement des efforts de prévention de la traite des êtres humains)

Le Conseil ministériel,

Réaffirmant que la traite des êtres humains est un crime grave et odieux qui porte atteinte à la dignité humaine et que tous les aspects de la lutte contre cette traite devraient reposer fermement sur l’état de droit et le respect des droits de l’homme,

Réaffirmant notre condamnation la plus vigoureuse de toutes les formes de traite des êtres humains, y compris à des fins d’exploitation par le travail et d’exploitation sexuelle, de traite des enfants et de criminalité forcée, ainsi qu’à des fins de prélèvement d’organes, et conscient que la préven- tion de ce crime est une priorité,

Réaffirmant en outre notre engagement d’examiner les facteurs qui rendent les personnes plus vul- nérables à la traite et soulignant l’importance d’une approche transdimensionnelle et globale de la lutte contre la traite des êtres humains, qui exige que l’accent soit mis sur l’application de mesures de prévention efficaces, (…)

Rappelant la pertinence pour la prévention et la lutte contre la traite des êtres humains du Pro- gramme de développement durable à l’horizon 2030, ainsi que de la Convention des Nations Unies relative aux droits de l’enfant (1989) pour ses parties, (…)

Conscients de la contribution de la société civile, y compris les organisations religieuses, à la pré- vention de la traite des êtres humains et à l’assistance aux victimes de celle-ci,

Demande aux États participants :

1. D’élaborer des politiques de prévention ciblées sur la base, selon qu’il conviendra, de recherches approfondies et d’informations fiables rassemblées systématiquement, y compris avec le soutien de mécanismes nationaux, tels que les rapporteurs nationaux là où il en existe, afin de maximiser l’effet et l’impact des efforts de lutte contre la traite aux niveaux national et international ;

2. De promouvoir le dialogue et la coopération entre les gouvernements, les organisations inter- nationales, la société civile, ainsi que le secteur privé, y compris les entreprises, de même que les syndicats et les organisations patronales en tant que partenaires sociaux, en vue d’intensifier les efforts de prévention de la traite des êtres humains, entre autres en sensibilisant davantage au rôle de chaque acteur et en facilitant l’échange d’informations sur la traite des êtres humains entre les pays d’origine, de transit et de destination, y compris les partenaires pour la coopération, ainsi

320 6.2.1 Dispositions générales relatives à la prévention

qu’en reconnaissant l’importance de la voix des victimes de la traite des êtres humains dans l’éla- boration de stratégies anti-traite efficaces ;

3. De continuer d’utiliser l’OSCE comme plateforme de dialogue sur la coopération en matière judiciaire et d’application des lois ainsi que de sécurité et de gestion des frontières en tant qu’élé- ment important pour prévenir la traite des êtres humains ;

4. De promouvoir des programmes pluri-institutions, transsectoriels et multinationaux de ren- forcement des capacités qui encouragent les mesures de prévention de la traite des êtres humains sous toutes ses formes, l’accent étant mis en particulier sur les facteurs rendant les personnes vul- nérables à la traite ;

5. De prendre des mesures appropriées pour lutter efficacement contre la traite des êtres humains en élaborant des procédures et des cours de formation harmonisés, entre autres sur l’identifica- tion et la protection des victimes de la traite, y compris à l’intention des autorités compétentes, des organisations de la société civile, des agents de santé et des travailleurs sociaux ainsi que d’autres qui peuvent être les premiers à entrer en contact avec des victimes ; 6. De renforcer les efforts d’éducation et de sensibilisation, y compris l’éducation aux droits de l’homme, et d’élaborer et de mettre en œuvre des programmes d’autonomisation qui tiennent compte des besoins particuliers des femmes, des hommes, des filles et des garçons, afin de renforcer la capacité de reconnaître, de prévenir et de combattre la traite des êtres humains au sein de communautés ;

7. D’adopter une approche centrée sur les victimes, tenant compte des traumatismes et (...) sou- cieuse de l’égalité entre les sexes, qui respecte pleinement les droits de l’homme et les libertés fon- damentales dans tous les efforts de prévention et d’assistance ;

8. De reconnaître la contribution importante que les médias peuvent apporter à la prévention de la traite des êtres humains, entre autres grâce à l’adoption de normes professionnelles volontaires pour couvrir de manière responsable et avec tact les affaires de traite des êtres humains ;

9. De déterminer, développer et partager les meilleures pratiques (...) aux fins de partenariats natio- naux et mondiaux fructueux entre les secteurs public et privé dans la lutte contre la traite des êtres humains, en vue de promouvoir le respect des droits de l’homme et la responsabilité sociale des entreprises, y compris au moyen d’une sensibilisation du public aux risques de traite des êtres humains dans la production et les sources de biens et dans la prestation de services ;

10. D’encourager le secteur privé à adopter des politiques et des procédures pour prévenir toutes les formes de traite des êtres humains, à participer activement aux efforts multipartites, à prendre conscience des risques de traite des êtres humains et à tenir compte des meilleures pratiques telles que la mise en place de mécanismes indépendants de surveillance, de vérification et de certifi- cation pour documenter le respect et l’application des codes de conduite ou des normes déonto- logiques qu’il a lui-même établis, y compris en fournissant des incitations aux entreprises pour qu’elles agissent avec la diligence voulue et fassent preuve de transparence afin de prévenir l’abus et l’exploitation de travailleurs tout au long de leurs chaînes logistiques et d’assurer l’égalité des conditions de concurrence aux sociétés responsables ;

11. De promouvoir, en complément de la législation nationale, des politiques qui prennent en compte l’adoption par les entreprises de mesures appropriées et efficaces pour parer aux risques de traite 6 des êtres humains, y compris à l’égard de leurs sous-traitants et employés, lorsqu’elles envisagent l’octroi de contrats gouvernementaux de biens et de services ;

321 6.2.1 Dispositions générales relatives à la prévention

12. De prendre des mesures appropriées pour identifier et éliminer les pratiques de recrutement et d’emploi abusives et frauduleuses qui peuvent conduire à une traite aux fins d’exploitation par le travail, d’exploitation sexuelle et de criminalité forcée ou à d’autres formes de traite, y compris des mesures pour promouvoir des critères clairs concernant l’enregistrement officiel des agences de recrutement et de placement et pour renforcer le rôle des autorités compétentes, par exemple des inspecteurs du travail ;

13. De promouvoir des mesures pour prévenir et combattre le recours au travail forcé par les diplo- mates et autres personnels des missions diplomatiques et des postes consulaires ainsi que des orga- nisations internationales et à promouvoir une politique de tolérance zéro pour la traite par ces personnels et de tenir compte des meilleures pratiques internationales telles que recensées par exemple dans le Manuel de l’OSCE sur la façon de prévenir la traite des êtres humains aux fins de servitude domestique dans les ménages diplomatiques et de protéger les travailleurs domes- tiques privés, en notant que nombre de ces mesures sont conformes aux Conventions de Vienne sur les relations diplomatiques et sur les relations consulaires ainsi qu’aux accords de siège des organisations internationales et sachant que les Conventions de Vienne font obligation de respec- ter les lois et règlements de l’État hôte, y compris ceux qui sont destinés à prévenir et combattre la traite des êtres humains ;

14. De charger la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains et, selon qu’il conviendra, d’autres structures exécutives concernées, conformé- ment à leurs mandats et en coordination avec la Représentante spéciale de l’OSCE, de continuer à coopérer avec l’Alliance contre la traite des personnes et d’autres plateformes régionales et mon- diales, entre autres le Groupe interinstitutions de coordination contre la traite des personnes ;

15. D’encourager les structures exécutives concernées, conformément à leurs mandats et en coor- dination avec la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains, à continuer d’entreprendre des travaux de recherche, en consultation avec les États participants, à mener des activités de renforcement des capacités et à aider les États partici- pants, à leur demande, à élaborer des politiques et des lignes directrices pour renforcer les efforts de prévention de la traite des êtres humains ; (…)

Vienne 2017 (Décision n° 7/17 sur le renforcement des efforts visant à lutter contre toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, et contre les autres formes d’exploitation sexuelle des enfants)

Le Conseil ministériel (...),

Profondément alarmé par la persistance de toutes les formes de traite des enfants, aux niveaux tant transnational qu’interne, y compris la traite des enfants à des fins d’exploitation sexuelle et par le travail, et réaffirmant la nécessité de prendre des mesures plus vigoureuses contre cette dernière,

Réaffirmant que l’intérêt supérieur de l’enfant doit être une considération primordiale dans les décisions concernant les enfants victimes de la traite ou exploités sexuellement et l’importance du respect des besoins particuliers des enfants en matière de protection et d’assistance, ainsi que de la possibilité pour l’enfant d’être entendu,

Consterné par le fait que l’exploitation sexuelle des enfants peut avoir des conséquences graves et à vie pour le développement physique et psychologique et pour le bien-être de l’enfant et qu’elle constitue, dans bien des cas, une forme de traite des êtres humains,

322 6.2.1 Dispositions générales relatives à la prévention

Conscient du fait que toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, portent atteinte à la dignité humaine et sont préjudiciables à la jouissance des droits de l’homme et des libertés fondamentales,

Considérant que toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, constituent des crimes graves et odieux, impliquant dans bien des cas la criminalité organisée, qu’il faut empêcher, soumettre à des enquêtes et à des poursuites et sanctionner, (…)

Reconnaissant que l’exploitation sexuelle des enfants dans le cadre des voyages et du tourisme, qui peut comporter des voyages d’un pays à un autre, est un crime grave et contribue à la demande favorisant la traite des enfants à des fins d’exploitation sexuelle,

Louant les États participants qui coopèrent avec l’industrie des voyages et du tourisme, y compris les compagnies aériennes et d’autres modes de transport, et avec les hôtels, le secteur de l’hôtelle- rie-restauration au sens large, la société civile et les organisations internationales concernées, pour prévenir toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi que les autres formes d’exploitation sexuelle des enfants, et pour élaborer et appliquer des procé- dures destinées à déceler les cas présumés de traite d’enfants, les signaler et prendre des mesures pour y remédier,

Soulignant que les technologies de l’information et des communications (TIC) peuvent jouer un rôle positif en matière d’éducation, de développement et de sensibilisation des enfants, mais qu’elles peuvent aussi être utilisées à mauvais escient pour faciliter l’accès à des enfants à des fins d’exploi- tation ou proposer des enfants à des fins d’exploitation sexuelle, et que les plateformes de médias sociaux peuvent être utilisées à mauvais escient pour conditionner psychologiquement des enfants susceptibles d’être soumis à l’exploitation sexuelle ainsi qu’à toutes les formes de traite des enfants,

Rappelant que, dans l’Additif de 2013 au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains, il est demandé aux États participants d’assurer la formation des agents des services des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents à l’utilisation de l’Internet et des autres technologies de l’information et des communications pour la traite des êtres humains et les crimes connexes, y compris toutes les formes de traite des enfants et d’exploitation sexuelle de ceux-ci,

Craignant que les enfants qui accèdent à la pornographie sur l’Internet peuvent y être désensi- bilisés et plus susceptibles de devenir des victimes d’actes d’exploitation sexuelle ou de perpétrer de tels actes,

Prenant note du fait que de nouvelles formes de technologies de vérification de l’âge ont été mises au point au cours de la dernière décennie et qu’elles pourraient aider à empêcher les enfants d’avoir accès à la pornographie sur l’Internet,

Exprimant sa préoccupation devant le fait que, dans les flux migratoires, les enfants, en particu- lier les mineurs non accompagnés, peuvent être particulièrement vulnérables à la traite des êtres humains et à l’exploitation sexuelle et sachant que des installations spécialisées, une sécurité adé- quate, l’octroi d’une formation au personnel et des effectifs suffisants, ainsi que des patrouilles 6 féminines, peuvent atténuer ces risques,

323 6.2.1 Dispositions générales relatives à la prévention

1. Encourage la coopération entre les États participants, les organisations internationales et la société civile pour lutter contre toutes les formes de traite des enfants, y compris à des fins d’ex- ploitation sexuelle, et contre les autres formes d’exploitation sexuelle des enfants, en prenant note de leurs efforts pour lutter contre ces crimes ; (…)

8. Encourage les États participants à faire appel aux sociétés de technologies de l’information et des communications ainsi que de médias sociaux pour prévenir la diffusion de contenus pédoporno- graphiques en ligne et les retirer, ainsi qu’à protéger les enfants en luttant contre leur conditionne- ment psychologique en ligne par des trafiquants d’êtres humains pour toutes les formes de traite des enfants et autre exploitation sexuelle d’enfants, y compris par la mise au point de nouveaux outils et technologies ; (…)

12. Charge les structures exécutives concernées de l’OSCE, conformément à leurs mandats et en coordination avec la Représentante spéciale et Coordinatrice de l’OSCE pour la lutte contre la traite des êtres humains, de continuer à aider les États participants à s’acquitter de leurs engagements relatifs à toutes les formes de traite des enfants, y compris à des fins d’exploitation sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants ;

13. Invite les partenaires de l’OSCE pour la coopération à souscrire volontairement aux engagements pris par les États participants relatifs à la lutte contre toutes les formes de traite des enfants, y com- pris à des fins d’exploitation sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants.

Milan 2018 (Décision n° 6/18 sur le renforcement des efforts visant à prévenir et à combattre la traite des enfants, y compris des mineurs non accompagnés)

Le Conseil ministériel,

Gravement alarmé par la prévalence de la traite des enfants, notamment de ceux qui ne sont pas accompagnés, sous toutes ses formes, y compris à des fins d’exploitation sexuelle, de travail forcé, de criminalité forcée, de mariage forcé et de prélèvement d’organes, (…)

Profondément préoccupé par le grand nombre d’enfants non accompagnés qui sont vulnérables à la traite des êtres humains ces dernières années, (…)

Louant les États participants qui adoptent des mesures législatives particulières et d’autres mesures pour l’identification rapide, l’accueil et la protection des enfants vulnérables à la traite des êtres humains, notamment les mineurs non accompagnés,

Mesurant l’importance de la contribution de la société civile, notamment des organisations reli- gieuses, au soutien, entre autres, des travaux menés par les autorités nationales pour prévenir et com- battre toutes les formes de traite des enfants grâce à des mécanismes nationaux de lutte contre la traite, y compris des mécanismes nationaux d’orientation, en tant que de besoin,

Prenant note de la 17e Conférence de l’Alliance contre la traite des personnes sur le thème « Traite des enfants et intérêt supérieur de l’enfant » (2017) et de la première Réunion supplémentaire sur

324 6.2.2 Enquêtes, détection, répression et poursuites

la dimension humaine de l’OSCE consacrée au thème « Trafic d’enfants : de la prévention à la pro- tection » (2018),

Demande aux États participants : (…)

13. Charge les structures exécutives pertinentes de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

(...) pour la lutte contre la traite des êtres humains, de continuer d’aider les États participants, sur leur demande, à lutter contre toutes les formes de traite des enfants, entre autres, en maximisant la base existante des connaissances et en veillant en même temps à éviter les doublons entre acti- vités et programmes financés.

6.2.2 Enquêtes, détection, répression et poursuites

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

24. Nous prendrons des mesures pour (...) mettre fin à (...) toutes les formes de la traite des êtres humains. Afin de prévenir ces crimes, nous encouragerons, entre autres, l’adoption de nouvelles lois ou le renforcement de lois existantes pour traduire en justice les auteurs de tels actes (...)

Vienne 2000 (Décision sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains)

Le Conseil ministériel (...),

3. Reconnaît qu’il incombe au premier chef aux États participants de combattre la traite, en se fon- dant sur une démarche intégrée et coordonnée, qui inclut (...) la poursuite des trafiquants et de leurs complices ; (…)

Bucarest 2001 (Décision n° 6/01)

Le Conseil ministériel (...),

Encourage un échange d’informations en vue de renforcer les enquêtes, l’application des lois et la prévention de la criminalité ; 6

325 6.2.2 Enquêtes, détection, répression et poursuites

Porto 2002 (Déclaration sur la traite des êtres humains)

Nous engageons tous les États participants à renforcer la coopération internationale pour lutter contre la criminalité transnationale organisée, notamment les actes criminels, tels que le trafic de drogue et d’armes, ainsi que le trafic illicite de migrants. Cette coopération devrait englober des organismes internationaux de police, tels qu’Europol et Interpol, ainsi que l’Initiative de coo- pération en Europe du Sud-Est, afin d’enquêter sur les auteurs de la traite des êtres humains et de les traduire en justice conformément à la législation nationale et, le cas échéant, aux obligations internationales. (...)

Maastricht 2003 (Annexe à la Décision N° 2/03 sur la lutte contre la traite des êtres humains ; Plan d’action de l’OSCE pour lutter contre la traite des êtres humains)

III. Enquêtes, application de la loi et poursuites judiciaires (…)

Action recommandée au niveau national

1. Incrimination 1.1 Adopter les mesures législatives et autres nécessaires pour conférer le caractère d’infraction pénale aux actes énoncés à l’Article 3 du Protocole additionnel à la Convention des Nations Unies contre la criminalité transnationale organisée visant à prévenir, réprimer et punir la traite des per- sonnes, en particulier des femmes et des enfants. 1.2 Adopter les mesures législatives et autres nécessaires pour conférer le caractère d’infraction pénale : • Au fait de tenter de commettre cette infraction pénale ; • Au fait de se rendre complice de cette infraction pénale ; • Au fait d’organiser la commission de cette infraction pénale ou de donner des instructions à d’autres personnes pour qu’elles la commettent. 1.3 Adopter les mesures nécessaires pour établir la responsabilité des personnes morales pour des infractions en matière de traite des êtres humains outre la responsabilité des personnes physiques. Sous réserve des principes juridiques de l’État participant, la responsabilité des personnes morales peut être pénale, civile ou administrative. 1.4 Prendre des dispositions législatives pour des sanctions pénales efficaces et proportionnées, y compris l’emprisonnement, qui tiennent compte du caractère grave de cette infraction. Le cas échéant, la législation devrait prévoir des sanctions supplémentaires pour les personnes coupables de traite avec des circonstances aggravantes, comme dans le cas d’infractions impliquant la traite des enfants ou d’infractions commises par ou avec la complicité d’agents de l’État. 1.5 Envisager des dispositions législatives pour permettre la confiscation des instruments et du produit de la traite et des infractions connexes, en précisant, lorsque ce n’est pas en contradiction avec la législation nationale, que le produit confisqué de la traite sera utilisé au profit des victimes de la traite. Envisager la création d’un Fonds de compensation pour les victimes de la traite et l’uti- lisation des actifs confisqués pour aider à financer un tel Fonds. 1.6 Faire en sorte que la traite, ses actes constitutifs et infractions connexes constituent des infrac- tions pouvant faire l’objet d’une extradition en vertu du droit national et des traités d’extradition.

326 6.2.2 Enquêtes, détection, répression et poursuites

1.7 Adopter les mesures législatives et autres pour conférer le caractère d’infraction pénale aux actes de corruption active ou passive commis par des agents publics, conformément aux Articles 8 et 9 de la Convention des Nations Unies contre la criminalité transnationale organisée. 1.8 Faire en sorte que les victimes de la traite ne fassent pas l’objet de poursuites pénales du simple fait d’avoir été soumises à la traite.

2. Réaction des services de détection et de répression 2.1 Mettre pleinement en œuvre les mesures de lutte contre la traite et autres mesures connexes énoncées dans la législation. 2.2 Créer des unités spéciales de lutte contre la traite, comprenant à la fois des femmes et des hommes, qui ont suivi une formation avancée à l’investigation des infractions impliquant des agressions sexuelles ou impliquant des enfants, afin de promouvoir les compétences, le profes- sionnalisme et l’intégrité. 2.3 Renforcer les capacités dans le domaine de la lutte contre la corruption. 2.4 Élaborer des programmes pour une police de proximité : renforcer la confiance entre la police et le public afin, entre autres, de contribuer à la collecte d’informations relatives à la traite et de faire en sorte que les victimes soient davantage disposées à signaler les infractions. 2.5 Encourager les enquêteurs et les procureurs à mener des enquêtes et à intenter des poursuites sans s’appuyer uniquement et exclusivement sur les dépositions de témoins. 2.6 Fournir non seulement les ressources et la formation nécessaires pour développer les activi- tés de police fondées sur le recueil de renseignements pour la gestion et l’analyse des crimes et des informations à ce sujet, mais également les compétences avancées et les équipements nécessaires pour permettre aux services de détection et de répression de s’acquitter de leurs tâches en matière de lutte contre la traite. 2.7 Encourager les enquêteurs et les procureurs à mener des enquêtes et à intenter des poursuites sans s’appuyer uniquement et exclusivement sur les dépositions de témoins. Envisager d’autres méthodes d’enquête afin d’éviter que les victimes ne soient obligées de témoigner au tribunal. 2.8 Prendre des mesures applicables pour faire en sorte que les membres des missions de l’OSCE qui se comportent en violation du Code de conduite de l’OSCE et d’autres règlements fassent l’ob- jet de sanctions réglementaires, notamment, le cas échéant, de poursuites disciplinaires et pénales. 2.9 S’attaquer en priorité à la corruption des services locaux de détection et de répression, et faire en sorte que les poursuites disciplinaires et pénales appropriées soient engagées contre les ser- vices de détection et de répression se livrant à des pratiques de corruption liées à la traite des êtres humains.

3. Coopération et échange d’informations entre États participants en matière de détection et de répression 3.1 Coopérer étroitement entre eux et conformément à leurs systèmes juridiques et administratifs respectifs, en vue de renforcer l’efficacité de la détection et de la répression des infractions visées par le présent Plan d’action. Promouvoir une coopération et une coordination similaires entre les organismes chargés de faire respecter la loi à l’intérieur des États. 3.2 Adopter, en particulier, des mesures efficaces pour : • Renforcer ou, si nécessaire, établir des voies de communication entre États participants ; 6 • Coopérer dans la conduite d’enquêtes concernant les infractions visées par le présent Plan d’ac- tion ;

327 6.2.2 Enquêtes, détection, répression et poursuites

• Fournir, lorsqu’il y a lieu, les pièces ou les preuves nécessaires à des fins d’analyse ou d’enquête ; • Faciliter une coordination efficace entre les autorités, organismes et services compétents et favo- riser l’échange de personnel et d’experts, y compris, sous réserve de l’existence d’accords ou d’ar- rangements bilatéraux entre les États participants concernés, le détachement d’agents de liaison ; • Échanger des informations sur les moyens et procédés spécifiques employés par les groupes cri- minels organisés, y compris, s’il y a lieu, sur les itinéraires et les moyens de transport ainsi que sur l’usage de fausses identités, de documents modifiés ou falsifiés ou d’autres moyens de dis- simulation de leurs activités ; • Coordonner les mesures administratives et autres considérées comme appropriées pour détec- ter au plus tôt les infractions visées par le présent Plan d’action. 3.3 Conclure des accords prévoyant une coopération bilatérale et multilatérale entre les services de détection et de répression pour faciliter l’échange d’informations. 3.4 Prendre des mesures visant à élaborer des normes communes pour la collecte de données sta- tistiques.

4. Octroi d’une assistance et d’une protection aux témoins et aux victimes dans le système de jus- tice pénale 4.1 Prendre des mesures appropriées, y compris des mesures législatives, dans les limites des moyens des États participants, afin d’assurer une protection efficace contre des actes éventuels de repré- sailles ou d’intimidation pour les témoins qui, dans le cadre de procédures pénales, font un témoi- gnage concernant les infractions visées par le présent Plan d’action et, le cas échéant, pour leurs parents et d’autres personnes qui leur sont proches. 4.2 Sensibiliser les services de détection et de répression et les responsables de la lutte contre la cri- minalité à leurs responsabilités pour assurer la sécurité et le bien-être immédiat des victimes de la traite des êtres humains. 4.3 Assurer la protection des données et le droit des victimes au respect de la vie privée, également dans le cadre de la collecte et de l’analyse des données. 4.4 Faciliter la participation de la victime en qualité de témoin à l’enquête et aux audiences des tri- bunaux ou autres procédures pénales en prévoyant la possibilité de lui fournir un nouveau domi- cile en tant que forme de protection des témoins. 4.5 Fournir des conseils juridiques aux victimes lorsqu’elles prennent la décision de témoigner ou non au tribunal. 4.6 Permettre aux ONG de fournir un appui aux victimes dans le cadre des audiences, si cela n’est pas contraire à la législation nationale.

5. Formation 5.1 Assurer ou améliorer la formation des agents des services de surveillance des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents à tous les aspects de la traite des personnes. 5.2 Prendre en considération, dans de tels programmes de formation, les droits de l’homme et les questions concernant les enfants et la parité des sexes, et encourager la coopération avec les orga- nisations non gouvernementales et les autres organisations compétentes ainsi qu’avec d’autres élé- ments de la société civile.

328 6.2.2 Enquêtes, détection, répression et poursuites

6. Mesures aux frontières 6.1 Envisager de prendre des mesures qui permettent à chaque État participant, conformément à son droit interne, de refuser l’entrée de personnes impliquées dans la commission d’infractions établies conformément à la législation en vigueur, d’annuler leurs visas ou, éventuellement, de les détenir temporairement. 6.2 Envisager de renforcer la coopération entre services de contrôle aux frontières, notamment par l’établissement et le maintien de voies de communication directes.

7. Sécurité et contrôle des documents 7.1 Prendre les mesures nécessaires, selon les moyens disponibles, pour faire en sorte que les docu- ments de voyage ou d’identité délivrés par les États participants ou pour leur compte soient d’une qualité telle qu’on ne puisse facilement en faire un usage impropre ou les falsifier ou les modifier, les reproduire ou les délivrer illicitement.

8. Légitimité et validité des documents 8.1 A la demande d’un autre État participant, vérifier, conformément à son droit interne et dans un délai raisonnable, la légitimité et la validité des documents de voyage ou d’identité délivrés ou censés avoir été délivrés en son nom, où il existe des motifs raisonnables de soupçonner qu’ils sont utilisés pour la traite des personnes.

Sofia 2004 (Décision n° 13/04 sur les besoins spéciaux de protection et d’assistance des enfants victimes de la traite)

Le Conseil ministériel (...),

1. Décide de renforcer les efforts de l’OSCE visant à prévenir la traite des enfants (...) et à pour- suivre les auteurs de tels actes (…)

Le Conseil ministériel (...),

2. Prie instamment les États participants de promouvoir une approche globale de la lutte contre la traite des êtres humains sous toutes ses formes par des dispositifs nationaux, régionaux et inter- nationaux, une coopération et coordination entre les services de répression, les inspections du tra- vail, les unités de protection sociale, les établissements médicaux, les agents d’immigration et des services des frontières (...) et d’autres acteurs pertinents, en adoptant également une approche sou- 6 cieuse de l’égalité entre les sexes. A cette fin, il est recommandé aux États participants de mettre en place des mécanismes nationaux d’orientation, et de nommer des coordonnateurs nationaux ; (…)

329 6.2.2 Enquêtes, détection, répression et poursuites

6. Encourage les États participants à lutter de manière plus proactive contre la traite des êtres humains aux fins de l’exploitation de leur travail, notamment en : (…)

(g) Mettant en commun les meilleures pratiques opérationnelles actuelles dans les enquêtes de police sur la traite des êtres humains aux fins d’exploitation de leur travail, et en veillant à ce que la police travaillant sur la traite des êtres humains soit régulièrement en contact avec ses homologues d’autres agences chargés d’enquêter sur les conditions de travail le cas échéant et adopte une approche mul- tidisciplinaire de l’identification et de la protection des droits des victimes de la traite à des fins d’exploitation de leur travail ; (…)

Madrid 2007 (Décision N° 8/07 sur la lutte contre la traite des êtres humains)

Le Conseil ministériel (...),

Demande aux États participants : (…)

4. Consentir des efforts accrus et adopter des procédures plus efficaces pour détecter les victimes de la traite et, à cet égard, dispenser les formations et fournir les ressources nécessaires à cette tâche à leurs inspecteurs du travail et, au besoin, intensifier les inspections dans les secteurs vul- nérables à l’exploitation par le travail ; (…)

6. Envisager, dans le respect de la législation nationale, de permettre aux victimes de la traite à des fins d’exploitation par le travail de se faire représenter au cours des procédures judiciaires lors- qu’elles ne sont pas en mesure de le faire elles-mêmes ; (…)

14. Garantir des sanctions efficaces et proportionnées à l’encontre de ceux qui facilitent la traite à des fins d’exploitation par le travail, notamment à l’encontre des employeurs exploitateurs ;

15. Garantir des sanctions efficaces lorsque les employeurs ou les agences de recrutement créent des situations de servitude pour dettes ; (…)

17. Envisager de veiller à ce que les entrepreneurs qui ont recours en toute connaissance de cause à des sous-traitants impliqués dans la traite à des fins d’exploitation par le travail puissent être tenus pour responsables de ce crime ;

18. Envisager de dispenser une formation aux juges, procureurs, policiers/gendarmes et inspec- teurs du travail concernant la traite à des fins d’exploitation par le travail, tant du point de vue des poursuites judiciaires que de la protection des victimes et, à cet égard, veiller, le cas échéant, à l’octroi de ressources adéquates ; (…)

330 6.2.2 Enquêtes, détection, répression et poursuites

Helsinki 2008 (Décision N° 5/08 sur le renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale)

Le Conseil ministériel (...),

Se déclarant de nouveau préoccupé par le fait que malgré les mesures soutenues prises aux niveaux international, régional et national (...) et que peu de trafiquants ont été traduits en justice,

Conscient que l’octroi d’une protection et d’une assistance adéquates aux victimes de la traite des êtres humains et l’amélioration de l’identification des victimes figurent parmi les conditions pré- alables à une réponse efficace de la justice pénale à la traite des êtres humains, y compris par l’en- gagement de poursuites contre les trafiquants et leurs complices.

Réaffirmant que l’engagement à lutter contre ce crime s’applique aussi bien aux pays d’origine qu’aux pays de transit et de destination,

Réaffirmant notre soutien aux efforts déployés par les États participants en coopération avec des organisations internationales et régionales, des organisations non gouvernementales et d’autres organismes compétents pour envisager une approche globale, coordonnée et intégrée de la lutte contre la traite des êtres humains, qui prévoie notamment des mesures destinées à prévenir la traite des êtres humains (...) et à poursuivre les trafiquants, lutte contre les activités des organisations criminelles transnationales et d’autres qui tirent profit de la traite des êtres humains, (…)

Résolu à améliorer l’efficacité des réponses de la justice pénale à la traite des êtres humains,

1. Encourage les États participants qui ne l’ont pas encore fait à veiller à ce que toutes les formes de traite des êtres humains, telles que définies dans le Plan d’action de l’OSCE, soient incriminées dans leur législation nationale et à ce que les auteurs d’actes de traite d’êtres humains ne jouissent pas d’impunité ;

2. Encourage les États participants à faire en sorte qu’une formation à la lutte contre la traite des êtres humains figure au programme d’étude du personnel des services de répression et à ce qu’une formation spécialisée à la lutte contre la traite soit dispensée aux agents concernés des services nationaux de poursuite et de l’autorité judiciaire. Chaque État participant tiendra compte des poli- tiques et des conséquences en matière de traite des êtres humains lorsqu’il donnera des instruc- tions à son personnel militaire et civil appelé à être déployé à l’étranger ;

3. Engage vivement les États participants à veiller à ce que les services de répression et, s’il y a lieu, l’autorité judiciaire coopèrent entre eux et avec d’autres organismes, notamment les services sociaux, ainsi que, le cas échéant, avec les organisations compétentes de la société civile afin d’améliorer l’identification des victimes de la traite des êtres humains ; 6 4. Encourage les États participants, s’il y a lieu et lorsque leurs lois respectives le prévoient, à veiller à ce que les organisations de la société civile se consacrant à la protection des droits des victimes

331 6.2.2 Enquêtes, détection, répression et poursuites

de la traite aient la possibilité de fournir également une assistance et un soutien aux victimes pen- dant les poursuites pénales et, dans ce contexte, à envisager d’instaurer une coopération entre les services de répression et les organisations de la société civile ;

5. Appelle les États participants à veiller, lorsque les autorités ont raisonnablement lieu de pen- ser qu’une personne est victime de la traite, à ce que cette personne ne soit pas expulsée avant que le processus d’identification ait été mené à bonne fin et qu’elle ait bénéficié d’une assistance appropriée, y compris, si le droit interne l’exige, d’une période appropriée de rétablissement et de réflexion durant laquelle l’expulsion ne sera pas exécutée ; (…)

7. Appelle les États participants qui ne l’ont pas encore fait à prévoir des mesures spécifiques de pro- tection et d’assistance en faveur des enfants victimes de la traite des êtres humains pendant toute la procédure pénale, conformément aux principes de l’intérêt supérieur de l’enfant, de la non-dis- crimination, de la participation et de la possibilité pour l’enfant d’être entendu ;

8. Engage vivement les États participants qui ne l’ont pas encore fait à veiller à ce que les enquêtes ou les poursuites en matière de traite des êtres humains ne soient pas subordonnées à un rapport ou une accusation d’une victime ;

9. Appelle les États participants à poursuivre leurs efforts pour faire en sorte que les victimes de la traite des êtres humains soient traitées d’une manière respectueuse de la pleine jouissance des droits humains sans menace d’intimidation ou de harcèlement, et à reconnaître que les victimes ont besoin d’un délai suffisant pour se remettre de leur traumatisme ;

10. Encourage les États participants à prendre des mesures conformément aux conditions prévues dans leurs lois respectives pour que les victimes de la traite des êtres humains aient la possibilité d’obtenir une indemnisation juste et appropriée pour le préjudice qu’elles ont subi et de réclamer des dommages et intérêts lors de procédures pénales et/ou civiles selon les cas ;

11. Appelle les services nationaux de répression et de poursuite à accroître la coopération avec les organismes internationaux compétents, dont Interpol et Europol, et avec les services de répression d’autres États participants, par exemple, en recourant à des attachés de liaison ou à des équipes com- munes d’enquête, lorsque cela renforcerait l’efficacité et l’efficience des réponses de la justice pénale ;

12. Engage vivement les États participants à renforcer les mesures visant à démanteler les réseaux de traite, y compris au moyen d’enquêtes financières, d’enquêtes sur le blanchiment d’argent lié à la traite des êtres humains et au gel ou à la confiscation des avoirs des trafiquants ;

Vilnius 2011 (Déclaration sur la lutte contre toutes les formes de traite des êtres humains) (…)

332 6.2.2 Enquêtes, détection, répression et poursuites

est. Nous étudierons des techniques d’investigation telles que les enquêtes financières, améliore- rons l’échange d’informations relatives aux groupes criminels organisés et encouragerons la col- laboration policière et judiciaire transfrontière pour identifier efficacement aussi bien les auteurs de la traite que leurs victimes potentielles. (…)

13. Nous sommes conscients que les systèmes de protection de l’enfance ont besoin d’être renfor- cés afin de contribuer efficacement à prévenir et détecter toutes les formes de traite des enfants et à y faire face en vue d’aider et de protéger comme il convient et au mieux de leurs intérêts les enfants qui en sont victimes ou qui risquent de le devenir, notamment grâce à des services et à des mesures appropriés pour assurer leur bien-être physique et psychologique ainsi que leur éduca- tion, leur réadaptation et leur réinsertion.

Kiev 2013 (Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour faire face aux menaces transnationales)

Nous, membres du Conseil ministériel de l’OSCE, conscients du caractère évolutif des menaces transnationales dans la région de l’OSCE et au-delà, ainsi que de la nécessité d’apporter des réponses internationales collectives et efficaces, coordonnées et fondées sur une approche trans- dimensionnelle, (…),

Louons les activités menées par les États participants de l’OSCE en vue de renforcer la coopération face aux menaces transnationales dans des domaines comme le contre-terrorisme, la lutte contre la criminalité organisée, la traite des êtres humains (...) ainsi que la sécurité et la gestion des fron- tières, de même que l’élaboration de mesures de confiance (MDC) (...), qui ont toutes contribué à rehausser le profil de l’OSCE dans la lutte contre les menaces transnationales ; (…)

Encourageons les États participants et les structures exécutives compétentes de l’OSCE, dans les limites de leur mandat et des procédures établies, à intensifier les efforts déployés pour assurer une plus grande unité de but et d’action face aux menaces transnationales existantes et émergentes ainsi qu’à poursuivre le dialogue dans ce domaine, notamment lors de conférences thématiques ciblées et pragmatiques à l’échelle de l’OSCE devant être organisées selon qu’il conviendra et, de préférence, tous les ans ;

Invitons les États participants de l’OSCE, avec le soutien au besoin des structures exécutives de l’Or- ganisation, à continuer de développer la coopération avec l’ONU et les autres organisations inter- nationales et régionales compétentes en se fondant sur la Plate-forme de l’OSCE de 1999 pour la sécurité coopérative et avec les partenaires méditerranéens et asiatiques de l’Organisation pour la coopération en vue de rendre l’OSCE encore mieux à même de lutter contre les menaces trans- nationales, notamment avec la participation de la société civile.

333 6.2.2 Enquêtes, détection, répression et poursuites

Bâle 2014 (Décision n° 7/14 intitulée « prévenir et combattre la violence à l’égard des femmes ») (…)

(D) Poursuite

7. Encourage les États participants :

À renforcer les efforts visant à enquêter sur les auteurs de toutes les formes de violence à l’égard des femmes, à les poursuivre et à les punir, ainsi qu’à fournir aux victimes une protection et des recours appropriés ;

Vienne 2017 (Décision N° 6/17 sur le renforcement des efforts de prévention de la traite des êtres humains) (…)

3. Demande aux États participants de l’OSCE qui ne l’ont pas encore fait d’envisager des mesures juridiques qui leur permettraient de poursuivre leurs citoyens pour des crimes sexuels graves à l’en- contre d’enfants, même si ces crimes sont commis dans un autre pays ;

4. Demande aux États participants de l’OSCE de prévenir toutes les formes de traite des enfants et d’exploitation sexuelle des enfants, y compris dans les destinations touristiques, par l’éducation et la sensibilisation, et de coopérer avec le secteur privé et la société civile pour sensibiliser davan- tage l’industrie touristique, ainsi que les voyageurs d’affaires et les touristes, afin d’aider à élimi- ner la demande qui alimente la traite des enfants et leur exploitation sexuelle ;

5. Demande aux États participants de l’OSCE de renforcer la coopération et la coordination entre les autorités compétentes, telles que les services de répression et les services d’immigration et des frontières des États participants, des partenaires pour la coopération et des États de destination situés hors de la région de l’OSCE, notamment en envisageant, en pleine conformité avec le droit interne et les cadres nationaux et internationaux de protection des données, des mesures telles que :

334 6.2.2 Enquêtes, détection, répression et poursuites

(a) L’adoption de mesures administratives supplémentaires en rapport avec les auteurs, dont l’ins- cription dans des registres de délinquants sexuels des personnes condamnées pour exploitation sexuelle d’enfants ou abus pédosexuels, selon qu’il conviendra ;

(b) Là où il y a lieu, un moyen d’échanger et/ou de recevoir des informations par-delà les fron- tières entre organismes chargés de l’application de la loi et/ou autorités judiciaires sur les personnes condamnées pour exploitation sexuelle d’enfants ou abus pédosexuels ;

6. Demande instamment aux États participants de poursuivre les trafiquants d’êtres humains et les auteurs d’actes d’exploitation sexuelle, y compris ceux qui utilisent à mauvais escient les techno- logies de l’information et des communications pour recruter des enfants ou faciliter l’accès à des enfants aux fins de les soumettre à la traite ou à l’exploitation sexuelle, et imposer des sanctions efficaces, dissuasives et proportionnelles au crime ;

7. Demande aux États participants de l’OSCE qui ne l’ont pas encore fait de promouvoir la mise en œuvre de technologies de vérification de l’âge aux fins de restreindre l’accès des enfants aux sites Web pornographiques ;

9. Demande aux États participants de communiquer des données, selon qu’il conviendra et tout en protégeant les données personnelles contre une utilisation criminelle, sur la traite des enfants et l’exploitation sexuelle des enfants à la base de données internationale d’INTERPOL sur l’exploi- tation sexuelle des enfants (ICSE), qui est un pivot pour l’identification des victimes dans le monde entier et peut aider par ailleurs à identifier les trafiquants et leurs collaborateurs, ainsi qu’à déter- miner l’origine des flux financiers afin de démanteler les réseaux criminels ;

10. Demande aux États participants d’intensifier encore la formation spécialisée relative aux tech- nologies de l’information et des communications à l’intention des agents des services des frontières, des agents des forces de l’ordre, des juges, des procureurs, des agents des services d’immigration et autres agents compétents, ainsi que des enseignants et des professionnels de la santé, selon qu’il conviendra, pour lutter contre toutes les formes de traite et autre exploitation sexuelle des enfants ;

11. Encourage les États participants à sensibiliser davantage le public aux vulnérabilités des enfants dans les flux migratoires à toutes les formes de traite des enfants, y compris à des fins d’exploita- tion sexuelle, ainsi qu’aux autres formes d’exploitation sexuelle des enfants, à renforcer les capa- cités et à élargir les attributions des premiers intervenants pour ce qui est d’identifier les victimes de la traite et des autres formes d’exploitation sexuelle et de fournir à ces dernières une protection ainsi qu’une assistance appropriée et des adresses de référents pour bénéficier d’une aide judiciaire ainsi que de moyens de recours efficaces et d’autres services selon qu’il conviendra, conformément aux dispositions pertinentes de l’Additif de 2013 au Plan d’action de l’OSCE pour lutter contre la traite des êtres humains ; 6

335 6.2.3 Protection des victimes et mise à disposition d’une assistance

Milan 2018 (Décision n° 6/18 sur le renforcement des efforts visant à prévenir et à combattre la traite des enfants, y compris des mineurs non accompagnés) (…)

9. D’encourager les autorités chargées de veiller au respect de la loi, ou d’autres autorités compé- tentes, en tant que de besoin, à coopérer entre elles en recueillant et échangeant des informations, conformément à leurs législations internes respectives, y compris en ce qui concerne la protection des données personnelles, sur les enfants victimes de la traite et ceux qui risquent d’y être sou- mis, aux fins de renforcer leur protection et de se préoccuper de la question des enfants disparus ;

10. De renforcer la coopération nationale, régionale et internationale pour prévenir et combattre la traite des enfants, en particulier pour ce qui est du signalement des enfants qui en sont vic- times, notamment de ceux qui ne sont pas accompagnés, et de l’échange d’informations à leur sujet, conformément à leurs législations internes respectives, y compris en ce qui concerne la pro- tection des données personnelles ;

11. D’envisager de nommer un point de contact national auquel les agents d’autres pays pourront adresser leurs demandes de renseignements concernant les enfants victimes de la traite, y com- pris ceux qui sont portés disparus et/ou ceux qu’ils prévoient de rapatrier dans leurs pays d’ori- gine respectifs ;

12. De promouvoir les efforts de prévention de la traite des enfants en luttant contre la culture d’impunité et en réduisant et en contrant la demande qui favorise toutes les formes d’exploitation ;

6.2.3 Protection des victimes et mise à disposition d’une assistance

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

24. Nous prendrons des mesures visant à (...) mettre fin à la violence exercée contre les femmes et les enfants de même qu’à l’exploitation sexuelle et à toute forme de trafic d’êtres humains. Afin de prévenir ces crimes, nous encouragerons, entre autres, (...) améliorer la protection des victimes.

Vienne 2000 (Décision sur le renforcement des efforts de l’OSCE pour combattre la traite des êtres humains)

Le Conseil ministériel (...),

3. Reconnaît qu’il incombe au premier chef aux États participants de combattre la traite, en se fondant sur une démarche intégrée et coordonnée, qui inclut (...) la protection des victimes (...) (…)

9. S’engage à prendre les mesures nécessaires, notamment en adoptant et en appliquant une législa- tion correspondante, pour pénaliser la traite des êtres humains(...) Cette législation devrait envisa- ger le problème de la traite dans l’optique des droits de l’homme et inclure une disposition relative à la protection des droits fondamentaux des victimes, en faisant en sorte que les victimes ne fassent pas l’objet de poursuites pour la seule raison qu’elles ont été victimes de la traite ;

10. Envisagera l’adoption de mesures législatives ou d’autres mesures appropriées, par exemple en matière d’hébergement, qui permettent aux victimes de la traite des personnes de rester sur leur territoire à titre temporaire ou permanent lorsqu’il y a lieu ; la mise en place de processus

336 6.2.3 Protection des victimes et mise à disposition d’une assistance

appropriés de rapatriement des victimes de la traite, compte dûment tenu de la sécurité de ces per- sonnes, en leur délivrant notamment les documents voulus ; et la définition de politiques concer- nant l’octroi de prestations économiques et sociales aux victimes de même que leur réadaptation et réinsertion dans la société ;

Porto 2002 (Déclaration sur la traite des êtres humains)

Nous nous emploierons à prêter assistance et accorder protection aux victimes de la traite, notam- ment aux femmes et aux enfants, et à cette fin, le cas échéant, à établir des mécanismes nationaux d’orientation efficaces et ouverts à tous, pour veiller à ce que les victimes de la traite ne soient pas passibles de poursuites du seul fait d’avoir été l’objet de la traite. La dignité et les droits des vic- times sont à respecter en tous temps. (...)

Nous reconnaissons qu’une intensification de la coopération entre les acteurs pertinents dans les pays d’origine, de transit et de destination est primordiale pour les programmes de retour destinés aux victimes de la traite et facilite leur réinsertion. Nous encourageons donc toutes les organisa- tions qui fournissent une assistance aux victimes notamment les ONG, à continuer à développer une telle coopération.

Nous envisagerons d’adopter des mesures législatives ou autres qui permettent aux victimes de la traite de rester sur leur territoire, à titre temporaire ou, dans les cas appropriés, à titre permanent, et de tenir dûment compte des facteurs humanitaires et humains.

Maastricht 2003 (Annexe à la Décision N° 2/03 sur la lutte contre la traite des êtres humains ; Plan d’action de l’OSCE pour lutter contre la traite des êtres humains)

V. Protection et assistance (…)

1. Collecte de données et études 1.1 Recueillir des données par l’échange et l’analyse des meilleures pratiques et d’autres informa- tions visant à assurer une protection et une assistance efficaces aux victimes de la traite dans les États participants de l’OSCE.

2. Mesures législatives 2.1 Étudier la nécessité d’adopter une législation qui offre une base juridique à la fourniture d’une assistance et d’une protection aux victimes de la traite des êtres humains, en particulier au cours des enquêtes préliminaires et de la procédure judiciaire. 2.2 Ratifier le Protocole additionnel à la Convention des Nations Unies contre la criminalité trans- nationale organisée, visant à prévenir, réprimer et punir la traite des personnes, en particulier des femmes et des enfants, ou y adhérer et l’appliquer pleinement.

3. Mécanismes de gestion des risques (MGR)* 3.1 Mettre en place des mécanismes nationaux d’orientation en créant un cadre de coopération à l’intérieur duquel les États participants s’acquittent de leurs obligations visant à protéger et 6 * Le Manuel du BIDDH sur les directives et principes régissant l’élaboration et la mise en œuvre des mécanismes nationaux d’orientation peut servir de source utile de conseils et d’informations sur le rôle de ces mécanismes nationaux d’orientation pour apporter assistance et protection aux victimes de la traite.

337 6.2.3 Protection des victimes et mise à disposition d’une assistance

à promouvoir les droits de l’homme des victimes de la traite en coordination et partenariat stra- tégique avec la société civile et d’autres acteurs travaillant dans ce domaine. 3.2 Fournir des avis en vue de faciliter l’identification précise et le traitement approprié des vic- times de la traite des êtres humains, par des moyens qui respectent les opinions et la dignité des personnes concernées. 3.3 Combiner les efforts des services de détection et de répression, notamment des unités de spé- cialistes de la lutte contre la traite et de la police locale, des services d’immigration et de surveil- lance des frontières, des groupes de protection sociale, des institutions médicales ainsi que des ONG et d’autres institutions de la société civile en tant qu’acteurs les plus pertinents pour parti- ciper aux activités des mécanismes nationaux d’orientation. 3.4 Établir des mécanismes appropriés pour harmoniser l’assistance aux victimes avec les actions menées en matière d’enquêtes et de poursuites. 3.5 Accorder une attention particulière à la nécessité d’accroître la coopération entre la police et les ONG en vue d’identifier, d’informer et de protéger les victimes de la traite. 3.6 Associer les activités des mécanismes nationaux d’orientation avec celles des organismes inter- ministériels, des coordonnateurs nationaux, des ONG et d’autres institutions nationales pertinentes afin d’établir une équipe intersectorielle et multidisciplinaire capable de mettre au point et de sur- veiller l’application des politiques de lutte contre la traite.

4. Centres d’accueil 4.1 Créer des centres d’accueil, gérés par les organes gouvernementaux, les ONG et d’autres insti- tutions de la société civile afin de répondre aux besoins des victimes de la traite ; ces centres d’ac- cueil doivent être sûrs, fournir un accès à des avis et conseils, en toute indépendance, dans une langue que la victime comprend, une assistance médicale d’urgence et la possibilité d’un délai de réflexion après le traumatisme. Des centres d’accueil peuvent être créés dans des installations déjà existantes, telles que les centres d’accueil d’urgence à l’intention des femmes. 4.2 Fournir un accès aux centres d’accueil pour toutes les victimes de la traite, qu’elles soient ou non disposées à coopérer avec les autorités dans le cadre des enquêtes. 4.3 Veiller tout particulièrement à assurer la sécurité du personnel de ces centres d’accueil, la confi- dentialité des informations recueillies, ainsi que la sécurité et le respect de la vie privée des vic- times de la traite. 4.4 Utiliser les centres d’accueil comme cadre pour dispenser aux victimes de la traite le type de for- mation qui facilitera leur réintégration, leur emploi et leur indépendance, et améliorera leur com- pétitivité après le traumatisme dont elles ont fait l’objet.

5. Fourniture de documents 5.1 Assurer la fourniture de documents, si nécessaire, comme première étape visant à préciser l’iden- tité et la situation des victimes dans les pays de destination pour permettre ainsi d’offrir diverses possibilités d’assistance dans les cas appropriés, tels que le rapatriement, de préférence librement consenti, l’octroi d’un permis de séjour temporaire ou permanent et/ou la légalisation de l’emploi. 5.2 Renforcer la coopération parmi les services de détection et de répression dans les pays d’ori- gine, de transit et de destination et parmi les responsables de toutes les institutions œuvrant au rétablissement des droits des victimes de la traite, notamment le personnel des ambassades et des consulats des États participants afin de faciliter la vérification rapide des données personnelles et d’éviter tout retard injustifié ou déraisonnable.

338 6.2.3 Protection des victimes et mise à disposition d’une assistance

5.3 Informer les victimes identifiées de la traite de leurs droits d’accéder aux représentants diplo- matiques et consulaires du pays de leur nationalité.

6. Fourniture d’une assistance sociale 6.1 Mettre en place des programmes d’intégration et d’assistance sociale, des conseils juridiques dans une langue que les victimes comprennent, une assistance médicale et psychologique ainsi que des soins de santé dont elles peuvent disposer soit dans les centres d’accueil, soit dans d’autres institutions compétentes. 6.2 Envisager, lorsqu’elles ne sont pas incompatibles avec la législation nationale, des mesures juri- diques autorisant l’utilisation d’avoir confisqués pour compléter les fonds versés par les gouverne- ments à des programmes visant à satisfaire les besoins des victimes de la traite et compenser les victimes en fonction de la gravité du crime commis à leur encontre.

7. Rapatriement, réadaptation et réintégration 7.1 Favoriser le rapatriement — de préférence librement consenti — des victimes de la traite dans le pays d’origine, compte dûment tenu de leur sécurité et de celle de leur famille sans retard injus- tifié ou déraisonnable. 7.2 S’engager à faire respecter la légalité dans toutes les procédures de retour et de transfert des victimes tout en adoptant une attitude humaine et compatissante. 7.3 Envisager de contribuer à la réadaptation et la réintégration sociale des victimes de la traite en les faisant bénéficier d’avantages sociaux et économiques. 7.4 Accroître la sensibilisation des médias à la nécessité de protéger la vie privée des victimes en évitant que leur nom ne soit divulgué publiquement, ou que soient publiées des informations confidentielles préjudiciables à leur sécurité ou ne servant pas la cause de la justice au cours de la procédure pénale.

8. Octroi d’un délai de réflexion et d’un permis de séjour permanent ou temporaire 8.1 Envisager l’introduction d’un délai de réflexion pour donner à la victime le temps nécessaire pour décider de témoigner ou non. 8.2 Envisager au cas par cas, s’il y a lieu, d’accorder un permis de séjour permanent ou temporaire, en tenant compte de facteurs tels que les dangers potentiels encourus par la victime. 8.3 Envisager, le cas échéant, d’octroyer des permis de travail aux victimes pendant la durée de leur séjour dans le pays d’accueil.

9. Garantir le droit de demander l’asile 9.1 Faire le nécessaire pour que les lois, les politiques, les programmes et les initiatives de lutte contre la traite ne soient pas préjudiciables aux droits de chacun, notamment des victimes, face à la persécution, de demander et d’obtenir l’asile, conformément au droit international relatif aux réfugiés, en particulier en appliquant efficacement le principe du non-refoulement.

10. Protection des enfants 10.1 Faire le nécessaire pour que les besoins spécifiques des enfants et leur intérêt supérieur soient pleinement pris en considération lors de la prise de décisions sur l’hébergement, l’éducation et les soins appropriés les concernant. Dans certains cas, en l’absence de risque direct pour la sécurité 6 de l’enfant, leur fournir la possibilité d’accéder aux systèmes éducatifs relevant de l’État. 10.2 Ne décider du rapatriement d’un enfant victime de la traite qu’après avoir pris pleinement en considération toutes les circonstances de chaque cas et que s’il existe une famille ou une institution

339 6.2.3 Protection des victimes et mise à disposition d’une assistance

spécialisée dans le pays d’origine qui soit en mesure de veiller à la sécurité, à la protection, à la réa- daptation et à la réintégration de l’enfant. 10.3 Examiner les dispositions énoncées dans les principes directeurs relatifs à la protection des mineurs non accompagnés du Haut-Commissaire des Nations Unies pour les réfugiés lors de l’éla- boration de politiques visant ce groupe à risque et notamment les personnes qui ne possèdent pas de documents d’identité. 10.4 Recourir à des accords bilatéraux et/ou régionaux relatifs aux principes fondamentaux concer- nant la bonne réception des enfants non accompagnés afin de conjuguer tous les efforts visant à protéger les enfants. 10.5 Ratifier le Protocole facultatif à la Convention relative aux droits de l’enfant, concernant la vente d’enfants, la prostitution des enfants et la pornographie mettant en scène des enfants, ou y adhérer et le mettre pleinement en œuvre.

Sofia 2004 (Décision n° 13/04 sur les besoins spéciaux de protection et d’assistance des enfants victimes de la traite)

Le Conseil ministériel (...),

1. Décide de renforcer les efforts de l’OSCE visant à prévenir la traite des enfants, à protéger et à assister les enfants victimes de la traite (...)

Le Conseil ministériel (...),

2. Prie instamment les États participants de promouvoir une approche globale de la lutte contre la traite des êtres humains sous toutes ses formes par des dispositifs nationaux, régionaux

340 6.2.3 Protection des victimes et mise à disposition d’une assistance

et internationaux, une coopération et coordination entre les services de répression, les inspec- tions du travail, les unités de protection sociale, les établissements médicaux, les agents d’immi- gration et des services des frontières, les organisations de la société civile, les services de soutien aux victimes, ainsi que le monde des affaires et d’autres acteurs pertinents, en adoptant également une approche soucieuse de l’égalité entre les sexes. A cette fin, il est recommandé aux États parti- cipants de mettre en place des mécanismes nationaux d’orientation, et de nommer des coordon- nateurs nationaux ; (…)

4. Prie instamment les États participants, en coopération avec les organisations internationales et les ONG le cas échéant, de s’efforcer de réduire le risque pour les victimes rapatriées de faire à nouveau l’objet de la traite, notamment en examinant les facteurs qui rendent les personnes plus vulnérables à la traite des êtres humains, tels que la pauvreté, la discrimination, l’absence d’accès à l’éducation et aux possibilités économiques, le harcèlement sexuel, et la violence domestique et en procédant à des évaluations de risques pour s’assurer que le retour des victimes s’effectue en toute sécurité ;

5. Souligne qu’il importe de fournir aux victimes de la traite des êtres humains un accès effectif à la justice, notamment aux conseils et informations sur leurs droits dans une langue qu’ils peuvent comprendre, ainsi qu’en leur offrant la possibilité d’obtenir réparation pour les dommages subis, et demande aux États participants d’honorer leurs obligations au titre des dispositions pertinentes de la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme) et de son Protocole additionnel visant à prévenir, réprimer et punir la traite des per- sonnes, en particulier des femmes et des enfants ; (…)

Madrid 2007 (Décision N° 8/07 sur la lutte contre la traite des êtres humains)

Le Conseil ministériel (...),

Demande aux États participants :

1. Veiller à ce que les victimes de la traite à des fins d’exploitation par le travail aient accès à la justice ;

2. En conformité avec la législation nationale et les obligations internationales, accorder un délai de réflexion ainsi que des permis de résidence temporaire ou permanent aux victimes de la traite, autoriser la délivrance de permis de travail aux victimes au cours de leur séjour, et mieux faire connaître ces possibilités ;

3. Veiller à ce qu’une assistance soit fournie aux victimes de la traite à des fins d’exploitation par le travail, en particulier un accès à un hébergement, aux soins, ainsi qu’à une assistance juridique et sociale en prenant en considération les recommandations figurant dans la Partie V du Plan d’ac- tion de l’OSCE pour lutter contre la traite des êtres humains et dans son Addendum sur la prise en considération des besoins spéciaux des enfants victimes de la traite en matière de protection et d’assistance, et mieux faire connaître la disponibilité de tels services ;

4. Consentir des efforts accrus et adopter des procédures plus efficaces pour détecter les victimes de la traite et, à cet égard, dispenser les formations et fournir les ressources nécessaires à cette 6 tâche à leurs inspecteurs du travail et, au besoin, intensifier les inspections dans les secteurs vul- nérables à l’exploitation par le travail ;

341 6.2.3 Protection des victimes et mise à disposition d’une assistance

7. Envisager l’élaboration ou le renforcement de leur législation qui offre aux victimes de la traite à des fins d’exploitation par le travail la possibilité d’obtenir un dédommagement pour le préjudice subi, notamment, le cas échéant, la restitution des salaires qui leur sont dus ;

9. Veiller à ce que les organisations de la société civile, qui fournissent légalement une assistance aux victimes de la traite à des fins d’exploitation par le travail, ne soient pas sanctionnées ou pour- suivies du fait qu’elles fournissent une telle assistance ;

10. Prévoir, conformément aux principes fondamentaux de leur système judiciaire, la possibilité, au besoin, de ne pas infliger de sanctions aux victimes pour leur implication dans des activités illégales, dans le cas où elles ont été obligées d’y participer ; (…)

21. Accroître la coopération internationale en échangeant des informations et les meilleures pratiques sur la lutte contre la traite à des fins d’exploitation par le travail, et en examinant les moyens de ren- forcer la protection des victimes et l’assistance à la réinsertion dans des situations de rapatriement ; (…)

Helsinki 2008 (Décision N° 5/08 sur le renforcement des réponses de la justice pénale à la traite des êtres humains dans le cadre d’une approche globale)

Le Conseil ministériel (...),

Se déclarant de nouveau préoccupé par le fait que malgré les mesures soutenues prises aux niveaux international, régional et national, le nombre des victimes de la traite des êtres humains qui ont été identifiées et aidées demeure restreint (...), (…)

342 6.2.3 Protection des victimes et mise à disposition d’une assistance

Réaffirmant notre soutien aux efforts déployés par les États participants en coopération avec des organisations internationales et régionales, des organisations non gouvernementales et d’autres orga- nismes compétents pour envisager une approche globale, coordonnée et intégrée de la lutte contre la traite des êtres humains, qui prévoie notamment des mesures destinées à prévenir la traite des êtres humains, à protéger et aider les victimes, dans le plein respect de leurs droits humains (...), (…)

4. Encourage les États participants, s’il y a lieu et lorsque leurs lois respectives le prévoient, à veiller à ce que les organisations de la société civile se consacrant à la protection des droits des victimes de la traite aient la possibilité de fournir également une assistance et un soutien aux victimes pen- dant les poursuites pénales et, dans ce contexte, à envisager d’instaurer une coopération entre les services de répression et les organisations de la société civile ;

6. Encourage les États participants à veiller à ce que les victimes de la traite des êtres humains aient accès sans retard injustifié à un logement sûr, à un traitement psychologique et médical et à des conseils concernant leurs droits juridiques et les services à leur disposition ;

7. Appelle les États participants qui ne l’ont pas encore fait à prévoir des mesures spécifiques de pro- tection et d’assistance en faveur des enfants victimes de la traite des êtres humains pendant toute la procédure pénale, conformément aux principes de l’intérêt supérieur de l’enfant, de la non-dis- crimination, de la participation et de la possibilité pour l’enfant d’être entendu ; (…)

Vilnius 2011 (Déclaration sur la lutte contre toutes les formes de traite des êtres humains) (…)

343 6.2.3 Protection des victimes et mise à disposition d’une assistance

des campagnes visant à sensibiliser les personnes vulnérables à la traite aux facteurs sociaux, éco- nomiques, culturels, politiques et autres qui contribuent à leur vulnérabilité à la traite. Nous inten- sifierons et appuierons les efforts de prévention en les accent sur la demande qui favorise toutes les formes de traite et sur les biens et services découlant de la traite des personnes.

12. Nous saluons le rôle important que jouent les organisations de la société civile en aidant et en démarginalisant les victimes de la traite.

13. Nous sommes conscients que les systèmes de protection de l’enfance ont besoin d’être renfor- cés afin de contribuer efficacement à prévenir et détecter toutes les formes de traite des enfants et à y faire face en vue d’aider et de protéger comme il convient et au mieux de leurs intérêts les enfants qui en sont victimes ou qui risquent de le devenir, notamment grâce à des services et à des mesures appropriés pour assurer leur bien-être physique et psychologique ainsi que leur éduca- tion, leur réadaptation et leur réinsertion. (...)

Bâle 2014 (Décision n° 7/14 intitulée « prévenir et combattre la violence à l’égard des femmes ») (…)

5. Encourage les États participants :

À promouvoir des programmes et des activités qui autonomisent et soutiennent les femmes ayant été victimes de violences.

6. Charge les structures exécutives de l’OSCE, dans la limite de leurs mandats, de faire ce qui suit :

Aider les États participants, à leur demande, à renforcer leurs capacités de protéger les victimes de toutes les formes de violence à l’égard des femmes ;

Faciliter l’échange entre États participants d’informations, de données d’expérience et de meil- leures pratiques concernant la protection ;

Fournir une assistance technique aux États participants qui en font la demande pour l’organisation de services de soutien tels que permanences téléphoniques, centres de crise, etc. ;

344 6.2.3 Protection des victimes et mise à disposition d’une assistance

Vienne 2017 (Décision N° 6/17 sur le renforcement des efforts de prévention de la traite des êtres humains) (…)

2. Encourage les États participants à adopter une approche centrée sur les victimes et tenant compte des traumatismes qui prenne en considération les préoccupations spécifiques des filles et des gar- çons, dans l’intérêt supérieur de l’enfant, et respecte pleinement les droits de l’homme et les liber- tés fondamentales des enfants soumis à la traite des êtres humains ou à l’exploitation sexuelle ; (…)

345 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Voir aussi II. 6.2 : Prévention de la traite des êtres humains II. 6.4 : Prévention du terrorisme

Paris 1990 (Une nouvelle ère de démocratie, de paix et d’unité)

Nous unirons (...) nos forces pour lutter contre le trafic des stupéfiants.

Helsinki 1992 (Déclaration du sommet)

27. Le trafic des stupéfiants constitue un danger pour la stabilité de nos sociétés et de nos institu- tions démocratiques. Nous collaborerons pour renforcer toutes les formes de coopération bilaté- rale et multilatérale dans la lutte contre le trafic des stupéfiants et les autres formes de criminalité internationale organisée.

Bucarest 2001 (Déclaration ministérielle)

4. (…) La criminalité organisée, le trafic illicite de drogues et d’armes et la traite des êtres humains portent atteinte à la sécurité, à l’économie et à la structure sociale de tous les États participants. Le Conseil ministériel apporte son appui au renforcement des efforts et à l’intensification de la coopé- ration internationale pour relever ces défis et invite instamment les États participants qui ne l’ont pas encore fait à devenir parties à la Convention des Nations Unies contre la criminalité transna- tionale organisée et aux protocoles additionnels à la Convention.

Porto 2002 (Déclaration sur la traite des êtres humains)

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

31. L’OSCE intensifiera ses activités visant à lutter contre la criminalité organisée. Des réunions régulières d’experts de la police des États participants de l’OSCE et de représentants d’autres orga- nisations régionales et internationales spécialisées constitueraient une contribution importante à cet égard. (...) Le document de l’OSCE sur les ALPC reste un instrument clé de lutte contre le trafic et la prolifération d’ALPC sous tous leurs aspects. Sa mise en œuvre sera encore renforcée. L’OSCE continuera à contribuer aux efforts déjà en cours avec l’ONUDC sur la question du trafic illicite de stupéfiants. Il y a lieu d’adopter une approche internationale efficace et globale sur la question.

32. L’Unité pour les questions stratégiques de police a été mise en place pour améliorer la capacité des États participants à faire face aux menaces découlant des activités criminelles et aider les États participants à instaurer la primauté du droit. L’objectif poursuivi est d’accroître les compétences

346 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

de la police, notamment le respect des droits de l’homme et des libertés fondamentales. L’OSCE renforcera, à la demande des États participants, l’accent qu’elle met sur l’assistance aux autorités, notamment à l’échelon local pour lutter contre la criminalité et les réseaux criminels, et elle iden- tifiera et renforcera les compétences de base nécessaires à l’accomplissement des activités de la police telles que les activités de formation et de renforcement des capacités.

33. L’OSCE intensifiera ses efforts pour combattre notamment le trafic des migrants et les migra- tions irrégulières.

34. Une approche multidisciplinaire et globale s’impose afin de prévenir et de combattre de manière efficace la corruption sous toutes ses formes. L’OSCE, en étroite coordination avec l’ONUDC et d’autres organisations et institutions financières internationales compétentes, contribuera à réduire la corruption dans toute la région de l’OSCE.

35. Les menaces que constituent le terrorisme et la criminalité organisée sont souvent liées et des approches synergiques visant à y faire face seront examinées plus avant. Le mouvement trans- frontière des personnes, des ressources et des armes ainsi que le trafic aux fins de financer et de fournir un appui logistique jouent un rôle croissant dans les activités terroristes. L’OSCE s’engage à affronter ces problèmes et à renforcer ses capacités en vue de promouvoir des frontières ouvertes et sûres, notamment, en élaborant un concept de gestion et de sécurité des frontières afin de ren- forcer encore les capacités et d’intensifier une coopération interétatique mutuellement bénéfique.

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

2. Les États participants de l’OSCE réaffirment les obligations et les engagements ayant trait aux questions relatives aux frontières qu’ils ont pris à tous les niveaux : (…) 2.2 A l’échelle de l’OSCE : Les États participants réaffirment les normes, principes, engagements et valeurs inscrits dans l’Acte final d’Helsinki qui s’appliquent à tous également et sans réserve, chacun d’entre eux étant interprété en tenant compte des autres. Ils réaffirment les principes et engagements énoncés dans le Document de Copenhague 1990, le Document d’Helsinki 1992 et la Charte de sécurité européenne de 1999. Ils rappellent les plans d’action, les décisions et autres documents pertinents agréés par l’OSCE qui traitent de questions relatives aux frontières. En par- ticulier, le renforcement des capacités de l’OSCE pour promouvoir des frontières ouvertes et sûres et l’amélioration de la coopération interétatique mutuellement bénéfique sont des moyens de faire face aux menaces (...) de la criminalité organisée(...) et du trafic illicite d’armes, de drogues et d’êtres humains, comme indiqué au paragraphe 35 de la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle ; (…)

347 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Ljubljana 2005 (Décision n° 3/05 sur la lutte contre la criminalité transnationale organisée)

Le Conseil ministériel (...), • Soulignant les liens qui existent entre la criminalité transnationale organisée et d’autres menaces telles que les drogues illicites, le terrorisme, le commerce illicite des armes légères et de petit calibre ainsi que de matières et de technologies sensibles, la traite des êtres humains, le trafic de migrants, la cybercriminalité, la corruption et la migration clandestine dans le contexte de la criminalité organisée et du blanchiment d’argent, • Reconnaissant que la Convention des Nations Unies contre la criminalité transnationale orga- nisée et les protocoles s’y rapportant, adoptés par l’Assemblée générale des Nations Unies le 15 novembre 2000 à New York, représentent un pas important dans la coopération internationale contre la criminalité transnationale organisée et offrent la possibilité de la combattre à l’échelle planétaire, • Reconnaissant l’action menée par l’OSCE dans les domaines liés à la lutte contre la crimina- lité organisée, • Convaincu que le concept de sécurité globale de l’OSCE est bien placé pour améliorer la capa- cité des États participants à faire face à la menace de la criminalité organisée, que l’OSCE peut offrir un cadre adapté à la promotion de la lutte contre la criminalité organisée, et saluant l’im- portant travail accompli par les organisations et institutions internationales, en particulier l’Of- fice des Nations Unies contre la drogue et le crime, • Demande instamment aux États participants qu’ils renforcent leur coopération entre eux et avec l’ONUDC, le Conseil de l’Europe et d’autres organisations internationales pertinentes ; • Invite les États participants de l’OSCE qui ne l’ont pas encore fait à envisager de devenir par- ties à la Convention des Nations Unies contre la criminalité transnationale organisée et aux Protocoles s’y rapportant, adoptés par l’Assemblée générale des Nations Unies le 15 novembre 2000 à New York, et à s’acquitter pleinement de leurs obligations au titre desdits instruments ; • Charge le Secrétaire général de fournir aux États participants qui en font la demande l’appui voulu pour mobiliser l’assistance technique, notamment l’expertise et les ressources nécessaires, de la part des organisations internationales compétentes pour mettre en œuvre la Convention des Nations Unies contre la criminalité transnationale organisée et les protocoles s’y rapportant, à l’appui de et en étroite consultation avec la Conférence des Parties et l’ONUDC ; • Rappelle que prévenir et combattre la criminalité organisée exigent une approche cohérente des États participants en vue de promouvoir la mise en œuvre de leur législation et de leurs pro- grammes nationaux pertinents, notamment dans le domaine de la justice pénale, en conformité avec la primauté du droit et les engagements des États participants de l’OSCE ; • Charge le Conseil permanent de mener plus avant la coopération entre les États participants et de s’employer à mettre au point, avec l’appui du Secrétaire général et des institutions perti- nentes de l’OSCE, des mesures et formes d’assistance possibles dont les États participants qui en font la demande pourraient disposer afin d’améliorer et de promouvoir le fonctionnement des systèmes de justice pénale, notamment la législation, l’application de la loi, les poursuites, l’administration de la justice, la coopération juridique internationale, y compris l’extradition et le système pénal, en consultation avec l’ONUDC, le Conseil de l’Europe et d’autres organisa- tions internationales pertinentes ; (…)

348 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Bruxelles 2006 (Décision N° 5/06 sur le crime organisé)

Le Conseil ministériel (...),

Notant avec inquiétude que le crime organisé devient de plus en plus efficace dans l’exploitation de nos économies globalisées et de nos sociétés ouvertes et qu’il représente un défi pluridimension- nel croissant pour tous les États participants dans l’espace de l’OSCE tout entier,

Notant avec inquiétude que le crime organisé dispose d’énormes ressources et peut exercer un pouvoir considérable, portant potentiellement atteinte aux valeurs démocratiques de nos sociétés et menaçant directement et indirectement la sécurité et la sûreté des citoyens ordinaires,

Préoccupé également par les défis et les menaces que constituent les liens entre le crime organisé, le trafic d’êtres humains, d’armes et de drogues illicites, la corruption et le terrorisme ainsi que d’autres formes d’activités criminelles transnationales et nationales,

Convaincu que la lutte contre le crime organisé doit rester un élément central de nos politiques pour assurer la sécurité et la sûreté de nos citoyens, à la fois au niveau national et par la coopéra- tion internationale,

Soulignant que des institutions démocratiques qui respectent les droits de l’homme et l’état de droit et sont responsables devant les citoyens et la société civile constituent le meilleur moyen de lutter contre le crime organisé,

Insistant sur le rôle clé joué par un système de justice pénale performant et efficace pour assurer la sécurité et la sûreté publiques,

Considérant la pertinence continue des règles et des normes de l’ONU pour la prévention du crime et la justice pénale et du rôle de l’Office des Nations Unies contre la drogue et le crime (ONUDC) pour favoriser leur utilisation et leur application et se félicitant de la coopération accrue entre le Secrétariat de l’OSCE, l’ONUDC et la Commission de l’ONU pour la prévention du crime et la justice pénale,

Considérant les activités menées par d’autres organes de l’ONU et d’autres enceintes internatio- 6 nales dans le domaine de l’état de droit,

349 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Considérant l’importance de la mise en œuvre des obligations au titre de la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme) et, le cas échéant, de ses protocoles additionnels, ainsi qu’au titre de la Convention des Nations Unies contre la cor- ruption, en tant que moyens pour à la fois lutter contre le crime organisé et la corruption et favo- riser la coopération internationale en matière pénale, (…)

1. Demande instamment aux États participants de continuer de considérer le crime organisé comme une menace importante et, là où c’est possible, de renforcer la mise en œuvre de leurs obligations internationales respectives et de leurs engagements pris dans le cadre de l’OSCE dans tous les domaines de leur système de justice pénale ;

2. Recommande d’envisager l’adoption, le cas échéant, de plans nationaux traitant de questions relatives à la sécurité et d’appliquer une approche intégrée en ayant à l’esprit que chaque élément du système de justice pénale influe sur les autres ;

3. Invite les États participants à envisager d’entreprendre des auto-évaluations de leur système de justice pénale en se servant, le cas échéant, des instruments disponibles auprès des organisations internationales, tels que les outils d’évaluation de l’ONUDC/de l’OSCE, et en faisant, si nécessaire, le meilleur usage d’autres outils disponibles,

notamment auprès du Conseil de l’Europe (CEPEJ) et d’autres organisations, du monde univer- sitaire ou des barreaux ;

5. Recommande, dans le cadre de l’élaboration des politiques de prévention et de lutte contre le crime organisé, d’améliorer la qualité de la collecte et de l’analyse des données, d’élaborer et d’utiliser à l’échelle nationale des évaluations des risques et des menaces, et de promouvoir l’échange d’in- formations et de meilleures pratiques, dans la mesure où cela ne se fait pas déjà ;

6. Recommande d’intensifier les efforts nationaux de coopération, de coordination et d’échange d’informations à l’échelle internationale en tant qu’étape importante pour contrer la criminalité transnationale organisée ;

7. Demande instamment aux États participants de renforcer la coopération judiciaire internatio- nale en matière pénale, notamment, en envisageant de devenir parties à la Convention des Nations Unies contre la criminalité transnationale organisée (Convention de Palerme), le cas échéant, à ses protocoles additionnels, à la Convention des Nations Unies contre la corruption, et en s’acquittant de leurs obligations au titre de ces instruments et d’autres instruments de coopération judiciaire multilatérale et bilatérale auxquels ils sont parties, notamment en utilisant de manière appropriée les articles pertinents sur l’entraide judiciaire et l’extradition ;

350 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

8. Demande instamment aux États participants d’envisager d’adhérer à la Convention sur le trans- fèrement des personnes condamnées (Strasbourg, 21 novembre 1983) et à son Protocole addition- nel de 1997, le cas échéant, et d’envisager d’adhérer à des accords bilatéraux additionnels à cette Convention, facilitant le transfèrement des personnes condamnées ;

9. Soutient la coopération internationale en matière de police et prend note des résultats de la pre- mière réunion des chefs de police de l’OSCE tenue à Bruxelles le 24 novembre 2006, notamment de la suggestion de se réunir régulièrement, lorsque de telles réunions sont coordonnées avec d’autres réunions des chefs de police et en tiennent compte ;

10. Charge le Secrétaire général de favoriser et de promouvoir la coopération judiciaire interna- tionale en matière pénale entre États participants en tenant également compte du cadre fourni par la Convention des Nations Unies contre la criminalité transnationale organisée et en apportant son soutien à sa Conférence des Parties, et de continuer à coopérer avec l’ONUDC sur des ques- tions telles que la lutte contre le crime organisé et les drogues illicites ;

11.(a) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans le cadre de leurs mandats respectifs, d’accorder davantage d’attention dans leurs politiques et activités au rôle clé des systèmes de justice pénale dans le renforcement des institutions et dans la promotion de l’état de droit, ainsi que de coopérer et de se concerter plus étroitement afin de mieux tenir compte de l’interaction entre les éléments constitutifs de ces systèmes ; (b) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans le cadre de leurs mandats respectifs, de mettre à profit et de consolider les connaissances et l’expérience existantes en matière de justice pénale et de crime organisé ; (c) Charge le Secrétaire général de favoriser et de promouvoir la coopération judiciaire internatio- nale en matière pénale entre États participants en tenant également compte du cadre fourni par la Convention des Nations Unies contre la criminalité transnationale organisée et en apportant son soutien à sa Conférence des Parties, et de continuer à coopérer avec l’ONUDC sur des ques- tions telles que la lutte contre le crime organisé et les drogues illicites ; (d) Charge le Secrétaire général et le BIDDH d’informer régulièrement les États participants et de leur présenter un rapport écrit conjoint avant l’intersession d’été en 2007 sur l’exécution des tâches susmentionnées ; (e) Charge le Conseil permanent de prendre note du rapport susmentionné et d’envisager, le cas échéant, un éventuel suivi ; (f) Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE dont le BIDDH, le cas échéant en concertation et en coopération avec d’autres organisations et institutions interna- tionales, d’être prêts à répondre aux propositions de projet et aux demandes de coopération éma- nant d’États participants et à envisager de faciliter des programmes de formation, dans le cadre de leurs mandats respectifs et dans la mesure où des contributions sont disponibles à cet effet ; (g) Souligne l’importance d’une cohérence et d’une continuité accrues des efforts de tous les organes de l’OSCE concernés ainsi que d’une coopération renforcée avec les institutions spécialisées. A cet égard, charge le Secrétaire général d’améliorer la coordination de ces activités, dans le cadre des ressources et des mandats existants. Invite les États participants à prêter leur soutien à ces activités.

351 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Astana 2010

9. (...) dans le monde complexe et interconnecté d’aujourd’hui, nous devons parvenir à une plus grande unité de vues et d’action pour faire face aux nouvelles menaces transnationales telles que (...) la criminalité organisée (...) le trafic d’armes légères et de petit calibre [et] le trafic de drogue (...) Ces menaces peuvent provenir de l’intérieur ou de l’extérieur de notre région.

Kiev 2013 (Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour faire face aux menaces transnationales) (…)

(...) conscients du caractère évolutif des menaces transnationales dans la région de l’OSCE et au-delà, ainsi que de la nécessité d’apporter des réponses internationales collectives et efficaces, coordon- nées et fondées sur une approche transdimensionnelle, (…),

Louons les activités menées par les États participants de l’OSCE en vue de renforcer la coopération face aux menaces transnationales dans des domaines comme le contre-terrorisme, la lutte contre la criminalité organisée, la traite des êtres humains et les drogues illicites, les activités relatives à la police ainsi que la sécurité et la gestion des frontières, de même que l’élaboration de mesures de confiance (MDC) (...), qui ont toutes contribué à rehausser le profil de l’OSCE dans la lutte contre les menaces transnationales ; (…)

Nous félicitons aussi des efforts déployés par les États participants de l’OSCE sous la conduite de la Présidence ukrainienne en exercice de l’OSCE et avec le soutien des structures exécutives compétentes de l’Organisation en vue de progresser dans la mise en œuvre du Concept de l’OSCE pour lutter contre la menace posée par les drogues illicites et le détournement des précurseurs chimiques, du Cadre stratégique de l’OSCE pour les activités relatives à la police, du Cadre conso- lidé de l’OSCE pour la lutte contre le terrorisme ainsi que du Concept de l’OSCE relatif à la sécu- rité et à la gestion des frontières ;

Notons que les documents susmentionnés établissent une base solide pour les travaux de l’OSCE dans le domaine de la lutte contre les menaces transnationales et soulignons l’importance de leur opérationnalisation et de leur intégration pleines et continues dans les activités de l’OSCE ;

352 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

Milan 2018 (Décision n° 6/18 sur le renforcement des efforts visant à prévenir et à combattre la traite des enfants, y compris des mineurs non accompagnés) (…)

Sachant que l’adoption d’une approche centrée sur les victimes et tenant compte des traumatismes, qui prenne en considération les préoccupations spécifiques des filles et des garçons et l’intérêt supé- rieur de l’enfant, est primordiale pour assurer efficacement la prévention et la protection contre la traite des êtres humains en ce qui concerne les enfants,

Ayant conscience que la collaboration entre les États, les premiers intervenants et la société civile peut contribuer davantage à protéger les enfants, notamment ceux qui ne sont pas accompagnés, contre la traite des êtres humains,

Rappelant que, dans sa Décision no 7/17, les États participants s’étaient déclarés préoccupés par la vulnérabilité des mineurs non accompagnés à la traite des êtres humains et s’étaient encouragés à sensibiliser davantage le public aux vulnérabilités des enfants dans les flux migratoires à toutes les formes de traite des enfants et à renforcer les capacités et élargir les attributions des premiers intervenants pour ce qui est d’identifier les enfants victimes de la traite et d’assurer à ces enfants une protection ainsi qu’une assistance appropriée, des moyens de recours efficaces et d’autres ser- vices, conformément au droit interne, (…)

Demande aux États participants :

1. D’adopter des mesures pertinentes afin que tous les enfants victimes de la traite des êtres humains soient traités dans le respect du principe de non-discrimination et conformément à leurs besoins individuels et en tenant compte de leur intérêt supérieur, en leur donnant des possibilités d’être entendus, en tant que de besoin, et en défendant et protégeant leurs droits humains ;

2. D’adopter une approche centrée sur les victimes et tenant compte des traumatismes, qui prenne en considération les préoccupations spécifiques des filles et des garçons et l’intérêt supérieur de l’en- fant, et respecte pleinement les droits humains et les libertés fondamentales des enfants soumis à la traite ;

3. De fournir, en tant que de besoin, aux prestataires de services gouvernementaux et aux orga- nismes publics qui sont en contact avec des enfants des orientations et des formations adéquates pour identifier, signaler, aider et protéger comme il convient les enfants victimes de la traite d’une manière adaptée à leur âge et qui tienne compte des préoccupations spécifiques des filles et des gar- çons, et d’envisager de dispenser une formation pertinente aux acteurs du secteur privé qui sont en contact avec des enfants victimes de la traite ;

4. De prendre des mesures pour mettre à la disposition des enfants victimes de la traite, lorsque c’est nécessaire, un tuteur ou équivalent remplissant les conditions requises et formé et/ou un représen- tant légal à titre prioritaire afin de sauvegarder les intérêts des enfants victimes de la traite, notam- ment de ceux qui ne sont pas accompagnés, et pour que leurs tuteurs et/ou représentants légaux participent aux procédures concernant l’assistance à leur apporter et à la recherche de solutions durables et viables pour eux ; 6 5. De se pencher sur la situation des enfants victimes de la traite, notamment de ceux qui ne sont pas accompagnés, dans un cadre de protection de l’enfance ;

353 6.3 Prévention du trafic illicite de drogues, d’armes et d’autres formes de crime organisé à l’échelle internationale

6. De promouvoir les mécanismes nationaux de lutte contre la traite, y compris les mécanismes nationaux d’orientation là où il en existe, ainsi que, s’il y a lieu, les systèmes de protection de l’en- fance, qui tiennent compte des besoins et des droits des enfants victimes de la traite ; d’incorporer une assistance centrée sur les victimes, tenant compte des traumatismes et adaptée à l’âge ; d’appli- quer une approche pluridisciplinaire, respectueuse des droits humains, qui tienne compte des pré- occupations spécifiques des filles et des garçons, et prenne en considération, en tant que de besoin, l’apport et les recommandations des survivants de la traite des êtres humains lors de la fourniture d’une assistance immédiate et de la recherche de solutions durables et viables ; ainsi que d’établir des voies d’orientation qui sont adaptées aux enfants ;

7. De veiller à ce qu’il soit tenu compte, autant que possible, dans toute évaluation des besoins d’un enfant victime de la traite, de ses intérêts et opinions ainsi que des soins, de la protection et de la sécurité dont il a besoin ;

8. De prendre des mesures appropriées, une fois qu’il a été déterminé qu’un enfant a été victime de la traite, ou lorsqu’il y a des motifs raisonnables de penser qu’il peut avoir été soumis à la traite, pour assurer sa sécurité, en particulier en empêchant les sévices sexuels et autres et en évitant une nouvelle victimisation, conformément aux lois nationales, en prévoyant la possibilité de ne pas imposer de sanctions aux victimes pour avoir pris part à des activités illégales, lorsqu’elles y ont été contraintes, et en prévoyant des programmes appropriés de réhabilitation, de réinsertion et/ ou de rapatriement, en tant que de besoin ;

Tirana 2020 (Déclaration sur le renforcement de la coopération en matière de lutte contre la criminalité transnationale organisée) (…)

3. Nous réaffirmons notre profonde inquiétude devant les effets négatifs que la criminalité trans- nationale organisée exerce sur la stabilité et la sécurité, notamment en exploitant les économies mondialisées et les sociétés ouvertes, en portant atteinte aux valeurs et à la gouvernance démo- cratiques et en menaçant la sûreté et la sécurité des citoyens, directement ou indirectement, ainsi que les droits de l’homme et les libertés fondamentales.

4. Nous réaffirmons le rôle primordial des États participants dans la lutte contre la criminalité transnationale organisée et soulignons que la meilleure façon de mener cette lutte est de veiller au respect des droits de l’homme et des libertés fondamentales ainsi que de garantir la primauté du droit, et nous insistons sur le rôle essentiel que joue un système de justice pénale efficace, fiable, professionnel, indépendant et responsable dans le maintien de la sûreté et de la sécurité publiques.

5. Nous reconnaissons le rôle central de l’Organisation des Nations Unies dans la lutte contre la cri- minalité transnationale organisée, ainsi que l’importance du travail accompli par les organisations internationales compétentes. Nous réaffirmons que le concept de sécurité globale de l’OSCE com- plète les efforts déployés au niveau mondial pour lutter contre la menace complexe que représente la criminalité transnationale organisée.

6. Nous soulignons que la lutte contre la criminalité transnationale organisée et ses causes pro- fondes nécessite des institutions démocratiques efficaces qui soient responsables devant les citoyens, des systèmes de justice pénale fondés sur la primauté du droit et la mise en œuvre d’une approche globale, complète et cohérente, afin d’anticiper et de réduire les possibilités qu’ont les groupes cri- minels organisés d’opérer dans nos sociétés, nos économies licites et nos institutions, de les infil- trer en profondeur ou de tirer profit du produit de leurs crimes.

354 6.4 Prévention du terrorisme

7. Nous rappelons les outils et mécanismes internationaux pertinents qui sont disponibles pour aider les États participants à procéder à des auto-évaluations et, si besoin est, à renforcer leurs sys- tèmes de justice pénale.

8. Nous reconnaissons que la criminalité transnationale organisée peut avoir un impact différent sur différents groupes sociaux. Nous encourageons toutes les parties prenantes concernées, y com- pris la société civile, à coopérer entre elles pour contribuer à forger des communautés résilientes et élaborer des actions globales et des mesures préventives contre la criminalité transnationale organisée qui tiennent compte des besoins, des préoccupations et des intérêts de tous les groupes sociaux, protègent les victimes et leur donnent accès à des recours appropriés, tout en favorisant la participation réelle, sans restrictions et sur un pied d’égalité des femmes aux efforts de lutte contre cette forme de criminalité.

9. Nous soulignons qu’il importe de renforcer la coordination nationale et la coopération interna- tionale en matière de lutte contre la criminalité transnationale organisée, notamment, s’il y a lieu, grâce à des contacts et à un dialogue directs entre les autorités compétentes et à l’échange d’infor- mations et de meilleures pratiques, ainsi qu’en utilisant les outils fournis par l’OSCE, l’ONUDC et d’autres organisations internationales compétentes.

10. Nous nous engageons de nouveau à faire en sorte que la lutte contre la criminalité transnatio- nale organisée reste une des priorités de l’OSCE en renforçant la mise en œuvre de nos obligations internationales respectives et des engagements existants de l’OSCE. Nous réaffirmons que les struc- tures exécutives compétentes de l’OSCE doivent informer régulièrement les États participants des activités de l’OSCE relatives à la mise en œuvre des engagements pris à l’OSCE pour lutter contre la criminalité transnationale organisée, et nous encourageons la poursuite des discussions sur ce sujet entre les États participants.

11. Nous invitons les partenaires de l’OSCE pour la coopération à s’associer à nous pour soute- nir cette déclaration.

6.4 Prévention du terrorisme

6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes) (…)

Les États participants condamnent le terrorisme, y compris le terrorisme dans les relations inter- nationales, qui met en danger ou fait périr des innocents ou porte autrement atteinte aux droits de l’homme et aux libertés fondamentales et ils proclament qu’il faut prendre de fermes mesures pour le combattre.

Ils se déclarent résolus à prendre des mesures efficaces pour la prévention et l’élimination des actes de terrorisme, tant sur le plan national que par voie de coopération internationale, y compris sous forme d’accords bilatéraux et multilatéraux appropriés, et à étendre et renforcer en conséquence leur 6 coopération mutuelle pour combattre lesdits actes. Ils conviennent d’agir ainsi conformément à la Charte des Nations Unies, à la Déclaration des Nations Unies relative aux principes du droit inter- national touchant les relations amicales et la coopération entre les États et à l’Acte final de Helsinki.

355 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

(…)

Les États participants confirment qu’ils s’abstiendront d’aider directement ou indirectement les activités terroristes ou les activités subversives ou autres visant au renversement violent du régime d’un autre État participant. En conséquence, ils s’abstiendront notamment de financer, d’encoura- ger, de fomenter ou de tolérer l’une quelconque de ces activités.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(8) Les États participants condamnent sans réserve et jugent criminels, quels qu’en soient le lieu et les auteurs, tous les actes, méthodes et pratiques terroristes, y compris ceux qui menacent les relations amicales et la sécurité des États, et ils conviennent que le terrorisme ne peut être justi- fié en aucune circonstance.

(9) Ils se déclarent déterminés à œuvrer pour l’élimination du terrorisme tant bilatéralement que par la coopération multilatérale, en particulier dans des instances internationales telles que l’Or- ganisation des Nations Unies, l’Organisation de l’aviation civile internationale et l’Organisation maritime internationale, et conformément aux dispositions pertinentes de l’Acte final et du Docu- ment de clôture de Madrid.

(10) Convaincus de la nécessité de conjuguer des mesures prises au niveau national et une coopé- ration internationale renforcée, les États participants expriment leur intention : (10.1) – d’appliquer une politique de fermeté face aux exigences des terroristes ; (10.2) – de renforcer et développer leur coopération bilatérale et multilatérale pour prévenir et com- battre le terrorisme, ainsi que d’améliorer l’efficacité de la coopération existant au niveau bilatéral ou dans le cadre de groupes d’États, y compris, s’il y a lieu, par l’échange d’informations ; (…) (10.4) – de prendre des mesures efficaces pour prévenir et combattre les actes de terrorisme visant des représentants diplomatiques ou consulaires et pour s’opposer à ceux qui constituent une vio- lation des Conventions de Vienne sur les relations diplomatiques et consulaires, en particulier des dispositions relatives aux privilèges et immunités diplomatiques et consulaires qu’elles contiennent ; (…) (10.6) – d’envisager de devenir parties, s’ils ne l’ont pas encore fait, aux conventions internatio- nales pertinentes visant à combattre les actes de terrorisme ; (10.7) – de continuer à œuvrer dans les organismes internationaux appropriés en vue d’améliorer et d’élargir les mesures antiterroristes et de faire en sorte que les accords pertinents soient accep- tés et appliqués par un nombre d’États aussi grand que possible.

Helsinki 1992 (Déclaration du sommet)

26. (...) Nous encouragerons l’échange d’informations relatives aux activités terroristes. Nous chercherons s’il y a lieu de nouvelles formes concrètes de coopération. Nous prendrons en outre les mesures nécessaires à l’échelon national pour remplir nos obligations internationales dans ce domaine.

356 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

6. Les États participants ne soutiendront d’aucune manière des actes terroristes et prendront des mesures appropriées pour prévenir et combattre le terrorisme sous toutes ses formes. Ils coopére- ront pleinement pour combattre la menace d’activités terroristes par l’application des instruments internationaux et des engagements auxquels ils souscrivent à cet égard. (...)

Istanbul 1999 (Charte de sécurité européenne : I. Nos défis communs)

4. Le terrorisme international, l’extrémisme violent, la criminalité organisée et le trafic de drogues représentent des défis toujours plus grands pour la sécurité. Quels qu’en soient les motifs, le terro- risme, sous toutes ses formes et manifestations, est inacceptable... L’accumulation excessive et dés- tabilisatrice et la diffusion incontrôlée des armes légères et de petit calibre représentent une menace pour la paix et la sécurité. Nous nous engageons à renforcer notre protection contre ces nouveaux risques et défis ; des institutions démocratiques fortes et l’état de droit sont le fondement de cette protection. Nous sommes résolus à mieux nous protéger contre ces nouveaux risques et défis ;

Bucarest 2001 (Déclaration ministérielle)

2. Nous condamnons résolument tous les actes de terrorisme. Le terrorisme, quelle qu’en soit la motivation ou l’origine, n’a aucune justification. Aucune cause ne peut justifier que des per- sonnes innocentes soient intentionnellement prises pour cible. Dans la lutte contre le terrorisme, il n’y a pas de neutralité.

3. Nous affirmons de nouveau que la lutte contre le terrorisme n’est pas une guerre contre des reli- gions ou des peuples.

Bucarest 2001 (Décision n° 1 sur la lutte contre le terrorisme)

Les 55 États participants de l’OSCE sont unis contre le terrorisme, fléau de notre époque.

Les États participants de l’OSCE condamnent résolument les actes barbares de terrorisme qui ont été perpétrés contre les États-Unis le 11 septembre 2001. Ces actes constituent une attaque contre l’ensemble de la communauté internationale et contre des personnes de toutes confessions et de toutes cultures. Ces actes odieux de même que les autres actions terroristes sous toutes leurs formes et manifestations, quels qu’en soient la date, le lieu ou l’auteur, constituent une menace pour la paix, la sécurité et la stabilité régionales et internationales. Il ne doit pas y avoir de refuge pour ceux qui commettent ou financent de tels actes criminels ou qui abritent ou soutiennent de quelque façon que ce soit ceux qui en sont responsables. (...)

Les États participants de l’OSCE ne céderont pas aux menaces terroristes mais les combattront par tous les moyens conformément à leurs engagements internationaux, ce qui leur demandera un effort prolongé et soutenu, mais ils tirent leur force de leur vaste coalition allant de Vancou- ver à Vladivostok. (…) Ils rejettent fermement toute identification du terrorisme avec une natio- nalité ou une religion (…) 6 Les États participants de l’OSCE s’engagent à renforcer et à développer la coopération, aux niveaux bilatéral et multilatéral, au sein de l’Organisation de même qu’avec l’Organisation des Nations Unies et d’autres organisations régionales et internationales en vue de combattre le terrorisme sous

357 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

toutes ses formes et manifestations, quels qu’en soient le lieu et l’auteur. En tant qu’accord régional au sens du Chapitre VIII de la Charte des Nations Unies, l’OSCE est déterminée à contribuer à la réalisation d’obligations internationales telles qu’elles sont énoncées, entre autres, dans la résolu- tion 1373 (2001) du Conseil de sécurité des Nations Unies, et agira en conformité avec les objectifs et principes de la Charte des Nations Unies. Les États participants de l’OSCE s’engagent à devenir dès que possible parties aux 12 conventions et protocoles internationaux des Nations Unies rela- tifs au terrorisme. Ils demandent de mener promptement à terme les négociations relatives à une convention globale des Nations Unies sur le terrorisme international. (…)

(...) le Conseil ministériel de l’OSCE adopte « Le Plan d’action de Bucarest pour lutter contre le ter- rorisme », joint à la présente décision.

Bucarest 2001 (Annexe à la Décision N° 1 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

I. Objectif du Plan d’action

1. (...) Les États participants de l’OSCE s’engagent à mettre leur volonté politique, leurs ressources et leurs moyens pratiques au service de l’exécution de leurs obligations en vertu des conventions relatives au terrorisme international existantes (...)

3. Le but du Plan d’action est d’établir le cadre de l’action globale de l’OSCE à engager par les États participants et par l’Organisation dans son ensemble pour lutter contre le terrorisme, en respec- tant pleinement le droit international, y compris les normes concernant les droits de l’homme et d’autres normes pertinentes du droit international.

II. Obligations juridiques et engagements politiques internationaux

4. Il faut chercher et veiller à ce que les États participants soient parties, de la manière la plus vaste et la plus complète possible, aux instruments et engagements existants pour lutter contre le terro- risme, et les mettent en œuvre.

5. États participants : Ils s’engagent à s’efforcer de devenir, si possible d’ici le 31 décembre 2002, parties aux 12 conventions et protocoles des Nations Unies relatifs au terrorisme, tout en considé- rant le rôle important que les parlementaires peuvent jouer dans la ratification et autres processus législatifs anti-terroristes. Ils participeront activement, dans le cadre de l’ONU, aux négociations en cours sur une convention globale contre le terrorisme international et sur une convention interna- tionale pour la répression des actes de terrorisme nucléaire, en vue de les mener à bien rapidement. (…)

7. États participants : Ils examineront comment l’OSCE peut s’inspirer des meilleures pratiques et des enseignements tirés d’autres groupements, organisations, institutions et instances pertinents dans des domaines tels que la coopération policière et judiciaire, la prévention et la répression du financement du terrorisme, le refus d’autres moyens de soutien, les contrôles aux frontières, y com- pris la sécurité des visas et des documents, et l’accès des services de répression à l’information.

8. Les États participants recourront également au Forum pour la coopération en matière de sécurité pour renforcer leurs efforts de lutte contre le terrorisme en appliquant pleinement et en temps voulu

358 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

toutes les mesures pertinentes agréées par l’OSCE. A cette fin, ils renforceront la mise en œuvre des engagements et accords politico-militaires existants, en particulier du Code de conduite rela- tif aux aspects politico-militaires de la sécurité et du Document de l’OSCE sur les armes légères et de petit calibre.

III. Action préventive contre le terrorisme dans l’espace de l’OSCE (…)

11. Promotion des droits de l’homme, de la tolérance et du multiculturalisme : États participants/ Conseil permanent/BIDDH/Haut-Commissaire pour les minorités nationales (HCMN)/Représen- tant de l’OSCE pour la liberté des médias : Ils favoriseront et renforceront la tolérance, la coexis- tence et les relations harmonieuses entre les groupes ethniques, religieux, linguistiques et autres, de même qu’une coopération constructive à cet égard entre États participants. Ils assureront l’alerte précoce et donneront des réponses appropriées dans les cas de violence, d’intolérance, d’extré- misme et de discrimination contre ces groupes et, en même temps, œuvreront en faveur du respect de l’état de droit, des valeurs démocratiques et des libertés individuelles. Ils feront en sorte que les personnes appartenant à des minorités nationales aient le droit d’exprimer, de préserver et de développer en toute liberté leur identité ethnique, culturelle, linguistique ou religieuse. (…)

13. Considération de facteurs socio-économiques négatifs : États/Secrétariat participants : Ils s’ef- forceront de déceler les problèmes économiques et environnementaux qui compromettent la sécu- rité, comme par exemple les problèmes suivants – mauvaise administration des affaires publiques, corruption, activités économiques illicites, chômage élevé, pauvreté généralisée et grandes inéga- lités, facteurs démographiques et utilisation non viable des ressources naturelles (...)

14. Prévention de conflits violents et promotion d’un règlement pacifique des différends : En tirant parti de toutes ses capacités, l’OSCE poursuivra et intensifiera ses travaux dans le domaine de l’alerte précoce et des réponses appropriées, de la prévention des conflits, de la gestion des crises et du relèvement après un conflit ; elle renforcera son aptitude à régler des conflits, intensifiera ses efforts pour apporter des solutions durables à des conflits non résolus, notamment grâce à la pro- motion de l’état de droit et de la prévention de la criminalité dans les zones de conflit par une coopération accrue avec l’Organisation des Nations Unies, l’Union européenne et d’autres orga- nisations internationales, et développera plus avant sa capacité de déploiement rapide (REACT) dans les situations de crise.

16. Renforcement de la législation anti-terroriste nationale : États participants : Ils s’engageront à s’ac- quitter de toutes les obligations qu’ils ont contractés au titre des conventions et protocoles relatifs au terrorisme ainsi que de la Convention des Nations Unies contre la criminalité transnationale orga- nisée et des protocoles additionnels à la Convention, en partageant les informations et les méthodes 6 dans cette optique et en examinant les moyens de coopérer dans l’application de ces conventions et protocoles dans le cadre de réunions bilatérales, sous-régionales ou à l’échelle de l’OSCE. (…)

359 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

24. Répression du financement du terrorisme : États participants : Ils prendront, dans le cadre de la Convention internationale pour la répression du financement du terrorisme adoptée par l’ONU et de la résolution 1373 (2001) du Conseil de sécurité des Nations Unies, des mesures visant à pré- venir et à réprimer le financement du terrorisme, érigeront en infraction la fourniture ou la collecte délibérée de fonds à des fins terroristes et gèleront les avoirs des terroristes, en gardant égale- ment à l’esprit la résolution 1267 (1999) du Conseil de sécurité des Nations Unies. Ils apporteront, conformément à leur législation nationale et à leurs obligations au titre du droit international, une prompte réponse aux demandes de renseignements d’un autre État participant ou d’une organi- sation international compétente.

25. États participants/Secrétariat : (...) Ils examineront la manière dont l’OSCE pourrait contribuer, dans le cadre de son action en faveur de la transparence et de la lutte contre la corruption, à l’effort international plus vaste de lutte contre le terrorisme. Ils envisageront de jouer un rôle catalyseur en mettant au point des projets ciblés de formation du personnel des institutions financières natio- nales dans des domaines intéressant le combat contre le terrorisme, dont notamment la surveillance des flux financiers et la prévention du blanchiment d’argent. Les États participants apporteront une contribution constructive aux prochaines négociations, au sein de l’ONU, sur un instrument anti-corruption global, en vue d’un aboutissement prompt et satisfaisant de ces négociations.

26. Prévention des mouvements de terroristes : États participants : Ils préviendront les mouvements de terroristes ou de groupes de terroristes en instituant un contrôle efficace aux frontières ainsi que des contrôles lors de la délivrance de papiers d’identité et de documents de voyage, et en pre- nant aussi des mesures pour assurer la sécurité des papiers d’identité et des documents de voyage et pour prévenir la contrefaçon, la falsification ou l’usage frauduleux de ces documents. Ils appli- queront ces mesures de contrôle en respectant pleinement leurs obligations au titre des normes du droit international concernant les réfugiés et les droits de l’homme. Ils veilleront, en recourant de manière appropriée aux dérogations prévues dans la Convention relative au statut des réfugiés de 1951 et dans le Protocole y relatif de 1967, que l’asile ne soit pas accordé à des personnes qui ont participé à des actes terroristes. Ils assureront en temps utile la détention et la poursuite ou l’extradition de personnes accusées d’actes terroristes, conformément à leurs obligations au titre du droit international et national.

IV. Action en vertu de la Plate-forme pour la sécurité coopérative – coopération avec d’autres organisations

28. États/Secrétariat participants : Ils renforceront la coopération et l’échange d’informations, par les voies officielles ou officieuses, avec les autres groupements, organisations et institutions perti- nents engagés dans la lutte contre le terrorisme. Ils renforceront la coopération avec l’Union euro- péenne en matière d’analyse et d’alerte précoce et accentueront la synergie avec le Pacte de stabilité pour l’Europe du Sud-Est et l’Initiative centre-européenne dans les domaines intéressant la lutte contre le terrorisme. Ils favoriseront dans l’espace de l’OSCE le dialogue sur les questions inté- ressant les nouvelles menaces et les nouveaux défis. Ils élargiront le dialogue avec des partenaires en dehors de l’espace de l’OSCE, comme les partenaires méditerranéens pour la coopération et les partenaires pour la coopération en Asie, l’Organisation de coopération de Shanghai, la Confé- rence sur l’interaction et les mesures de confiance en Asie, l’Organisation de la conférence isla- mique, la Ligue des États arabes, l’Union africaine et les États riverains de l’espace de l’OSCE pour confronter les meilleures pratiques et les enseignements dégagés de l’action anti-terroriste en vue d’une application dans l’espace de l’OSCE. (...)

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Bucarest 2001 (Décision n° 9 sur les activités liées à la police)

Le Conseil ministériel (...),

Affirmant qu’une police efficace est indispensable pour le respect de l’état de droit et la défense des institutions démocratiques ; (…)

3. Décide, pour faire face aux nouveaux défis pour la sécurité, de renforcer et de promouvoir la coo- pération entre États participants, notamment comme suit : • à la demande des États participants et avec leur accord (...) en organisant et en coordonnant la formation de la police, notamment au niveau sous-régional, afin : • d’améliorer les capacités opérationnelles et tactiques des services de police ; • d’accroître les qualifications de la police, notamment en ce qui concerne le respect des droits de l’homme et des libertés fondamentales, et, le cas échéant, les aspects pénaux de la migra- tion illégale ; et, • de renforcer les capacités de la police de proximité et la lutte anti-drogue, anti-corruption et anti-terrorisme ; et, • à la demande des États participants et avec leur accord : de fournir des conseils ou d’organiser la fourniture de conseils d’experts sur les conditions requises pour avoir un service de police efficace (évaluation des besoins) et les moyens d’y satisfaire (...) et • d’encourager, le cas échéant, l’échange bilatéral ou multilatéral d’informations entre les États participants sur leur expérience et les méthodes de police les mieux adaptées pour relever ces nouveaux défis en matière de sécurité. (…)

5. Dans le cadre des initiatives susmentionnées, les États participants s’engagent : • à renforcer mutuellement la coopération sur les questions relatives à la police afin de faire face aux nouveaux risques et défis pour leur sécurité, aux niveaux bilatéral et multilatéral et, le cas échéant, en intensifiant les contacts entre organismes compétents ; et, • à partager le savoir-faire et l’expérience de l’OSCE concernant les activités relatives à la police avec d’autres organisations internationales compétentes dont ils sont membres pour accroître l’efficacité de l’action internationale face à ces nouveaux risques et défis pour la sécurité.

Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

Les États participants de l’OSCE, résolus à lutter en commun contre le terrorisme, (...)

2. (...) réaffirment que l’action contre le terrorisme ne vise aucune religion, aucune nation ni aucun peuple ;

4. Déclarent que les actes, méthodes et pratiques du terrorisme, ainsi que le fait de porter assis- tance à, de consentir à, de financer et d’organiser des actes de terrorisme ou d’inciter à de tels actes en connaissance de cause, sont contraires aux buts et principes de l’Organisation des Nations 6 Unies et de l’OSCE ;

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5. Considèrent qu’il importe au plus haut point de compléter la mise en œuvre des engagements de l’OSCE relatifs au terrorisme en réaffirmant les principes fondamentaux et intemporels qui sous- tendent et continueront de sous-tendre à l’avenir l’action de l’OSCE, et auxquels les États partici- pants souscrivent pleinement ; (…)

11. Reconnaissent que les conventions et protocoles pertinents de l’Organisation des Nations Unies, ainsi que les résolutions du Conseil de sécurité des Nations Unies, en particulier sa résolution 1373 (2001), constituent le principal cadre juridique international pour la lutte contre le terrorisme ;

12. Reconnaissent l’importance de l’action menée par le Comité contre-terrorisme créé dans le cadre du Conseil de sécurité et réaffirment l’obligation et la volonté des États participants et de l’OSCE de coopérer avec ce Comité ;

13. Rappellent le rôle de l’OSCE en tant qu’Accord régional au sens du Chapitre VIII de la Charte des Nations Unies, et les obligations qui lui incombent dans ce contexte de contribuer à la lutte mondiale contre le terrorisme ; (…)

15. Prennent note avec satisfaction de la Déclaration et du Programme d’action adoptés à la Confé- rence internationale sur le renforcement de la sécurité et de la stabilité en Asie centrale : renforcement des efforts d’ensemble pour lutter contre le terrorisme, tenue à Bichkek les 13 et 14 décembre 2001 ; (…)

17. Soulignent que la prévention et la lutte contre le terrorisme doivent se fonder sur un concept de sécurité commune et globale et sur une stratégie durable, et s’engagent à recourir aux trois dimensions et à tous les organes et institutions de l’OSCE pour aider les États participants, à leur demande, à prévenir et à combattre le terrorisme sous toutes ses formes ;

18. S’engagent à s’acquitter de leur obligation, conformément aux conventions et aux protocoles des Nations Unies, aux résolutions du Conseil de sécurité, ainsi qu’à d’autres engagements inter- nationaux, de veiller à ce que les actes terroristes et les activités à l’appui de tels actes, notamment le financement du terrorisme, soient érigés en crimes graves dans la législation nationale ;

19. Collaboreront afin de prévenir et de réprimer les actes terroristes, d’enquêter sur de tels actes et d’en poursuivre les auteurs, notamment en coopérant davantage et en appliquant intégralement les conventions et protocoles internationaux pertinents relatifs au terrorisme ;

20. Sont convaincus de la nécessité de s’attaquer aux conditions susceptibles de favoriser le terro- risme, notamment en respectant pleinement la démocratie et l’état de droit, en permettant à tous les citoyens de participer pleinement à la vie politique, en prévenant la discrimination et en encou- rageant le dialogue interculturel et inter-religieux dans leurs sociétés, en impliquant la société civile dans la recherche d’un règlement politique des conflits, en œuvrant en faveur des droits de l’homme et de la tolérance et en luttant contre la pauvreté ;

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21. Prennent note du rôle positif que peuvent jouer les médias dans la promotion de la tolérance et de la compréhension entre religions, croyances, cultures et peuples, ainsi que pour sensibiliser davantage à la menace du terrorisme ;

23. Empêcheront les mouvements de terroristes ou de groupes terroristes en instituant des contrôles efficaces aux frontières, ainsi que des contrôles lors de la délivrance de documents d’identité et de documents de voyage ; (…)

25. Réaffirment leur engagement de s’acquitter de leurs obligations internationales, telles qu’elles figurent dans les résolutions 1373 (2001) et 1390 (2002) du Conseil de sécurité des Nations Unies, et notamment de geler les avoirs de ceux qui sont désignés par le Comité créé en application de la résolution 1267 (1999) du Conseil de sécurité des Nations Unies ;

26. Notent avec préoccupation les liens existant entre le terrorisme et la criminalité transnationale organisée, le blanchiment d’argent, la traite des êtres humains et le trafic de drogue et d’armes, et soulignent, à cet égard, qu’il convient d’améliorer la coordination et d’élaborer des stratégies de coopération à tous les niveaux afin de renforcer leur réaction face à ces menaces graves et à ces défis pour la sécurité et la stabilité ;

Porto 2002 (Décision N°1 sur la mise en œuvre des engagements et des activités de l’OSCE en matière de lutte contre le terrorisme)

Le Conseil ministériel (...),

Décide que tous les États participants, organes et institutions de l’OSCE continueront, à titre prio- ritaire, à mettre en œuvre leurs engagements de Bucarest et à veiller à leur efficacité ;

Réaffirme l’engagement de tous les États participants de devenir, dès que possible, parties aux 12 conventions et protocoles des Nations Unies relatifs au terrorisme et accueille avec satisfaction les mesures prises par les États participants qui ont déjà achevé ces procédures ;

S’engage à mettre tout en œuvre pour conclure les négociations en cours dans le cadre des Nations Unies sur de nouveaux instruments universels dans ce domaine et confirme qu’il est prêt à exami- ner, en coopération avec le Comité contre-terrorisme créé par le Conseil de sécurité des Nations Unies, les demandes d’assistance technique et de renforcement des capacités en vue de progresser dans la ratification et la mise en œuvre des instruments des Nations Unies et d’autres instruments pertinents relatifs au terrorisme ; (…)

Rappelle la recommandation dans laquelle le Représentant personnel du Président en exercice pour la prévention et la lutte contre le terrorisme invite l’OSCE à mener des activités relatives notamment 6 à la police, à la sécurité des frontières, à la lutte contre la traite des êtres humains et à la répression du financement du terrorisme (...)

363 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Décide que les États participants, organes et institutions de l’OSCE renforceront leurs efforts et leur engagement collectif visant à combattre le terrorisme et les conditions susceptibles de le favoriser en exploitant les atouts et les avantages comparatifs de l’Organisation : son approche globale de la sécurité, l’expérience acquise dans le domaine de l’alerte précoce, de la prévention des conflits, de la gestion des crises et du relèvement après un conflit, son vaste répertoire de mesures de confiance et de sécurité éprouvées et son savoir-faire en matière de renforcement des capacités.

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

Menaces pour la sécurité et la stabilité au XXIe siècle

10. Le terrorisme est l’une des causes les plus importantes d’instabilité dans l’environnement actuel de sécurité. Le terrorisme cherche à saper les valeurs mêmes qui unissent les États participants dans l’espace de l’OSCE. Il restera l’un des principaux défis à la paix et à la stabilité, ainsi qu’au pouvoir des États, notamment du fait de sa capacité à utiliser des méthodes asymétriques pour contourner les systèmes traditionnels de sécurité et de défense. Il n’existe aucune justification quelle qu’elle soit pour le terrorisme. Cela étant, le terrorisme exige une approche globale pour s’attaquer à ses manifestations, ainsi qu’au contexte social, économique et politique dans lequel il se produit. (…)

Combattre et les menaces découlant d’autres activités criminelles

28. Les conventions et protocoles des Nations Unies ainsi que les résolutions du Conseil de sécu- rité des Nations Unies constituent le cadre uridique mondial de la lutte contre le terrorisme. Afin d’appuyer ce cadre, l’OSCE a, par ses décisions en 2001 et 2002, établi une structure d’action glo- bale à l’intention des États participants et de l’Organisation afin de leur permettre de contrer, à titre prioritaire, la menace du terrorisme, ses manifestations et les conditions susceptibles de le favoriser et de le soutenir. (...)

29. (...) Une attention particulière sera accordée au renforcement des capacités et à d’autres formes d’assistance en matière de lutte antiterroriste. (…) Ces mesures portent sur l’interdiction de donner asile aux terroristes et sur l’élimination des conditions offrant aux terroristes la possibilité de recru- ter et d’obtenir des appuis. Elles visent aussi à empêcher les terroristes d’accroître leurs capacités, notamment en faisant en sorte qu’ils n’aient pas accès aux ALPC, aux autres armes convention- nelles ainsi qu’aux armes de destruction massive et technologies connexes. Une interaction étroite avec d’autres organisations et organismes internationaux compétents, en particulier le Comité du Conseil de sécurité des Nations Unies chargé de la lutte contre le terrorisme (CTC de l’ONU) et l’Of- fice des Nations Unies contre la drogue et le crime (ONUDC) est sollicitée par le biais de réunions communes, de contacts à tous les niveaux et de programmes et projets spécifiques.

30. L’OSCE a également décidé d’établir un réseau contre-terrorisme afin de promouvoir le renfor- cement de la coordination des mesures antiterroristes et l’échange d’informations entre les États participants de l’OSCE ainsi que d’appuyer et de compléter les activités du CTC de l’ONU par la mise en œuvre de la résolution 1373 du Conseil de sécurité. (…)

364 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

fournir un appui logistique jouent un rôle croissant dans les activités terroristes. L’OSCE s’engage à affronter ces problèmes et à renforcer ses capacités en vue de promouvoir des frontières ouvertes et sûres, notamment, en élaborant un concept de gestion et de sécurité des frontières afin de ren- forcer encore les capacités et d’intensifier une coopération interétatique mutuellement bénéfique.

Sofia 2004 (Déclaration ministérielle sur la prévention et la lutte contre le terrorisme)

1. Nous, membres du Conseil ministériel de l’OSCE (…) condamnons résolument et sans équivoque les actes terroristes, en particulier ceux commis en 2004 en Espagne, en Ouzbékistan, en Turquie et en Russie (…). Nous pleurons la perte de centaines de vies humaines et exprimons notre pro- fonde solidarité avec les victimes d’actes de terrorisme et leur famille. Ces actes ont mis clairement au jour la nature inhumaine du terrorisme. Nous exprimons notre solidarité avec les États qui ne participent pas à notre Organisation et qui ont également été la cible de terroristes.

Réaffirmant que le terrorisme constitue l’une des plus graves menaces contre la paix et la sécu- rité et considérant que les actes de terrorisme compromettent gravement la jouissance des droits de l’homme, nous réitérons notre engagement à protéger la jouissance des droits de l’homme et des libertés fondamentales, tout particulièrement le droit à la vie, des personnes relevant de notre juri- diction contre les actes terroristes. (...)

2. Nous soulignons le rôle de premier plan des Nations Nous soulignons le rôle de chef de file de l’Organisation des Nations Unies dans la lutte globale contre le terrorisme.

Nous réaffirmons les obligations et les engagements adoptés par nos États dans le cadre des Nations Unies en matière de lutte contre le terrorisme (...) (…)

4. (...) Nous réaffirmons que les efforts de l’OSCE visant à contrer les menaces terroristes devraient être pris dans toutes les dimensions de l’OSCE, à savoir la dimension sécuritaire, notamment le domaine politico-militaire, la dimension économique et environnementale, ainsi que la dimen- sion humaine. S’appuyant sur notre approche de sécurité commune, globale et indivisible, notre Organisation pourrait apporter de nouvelles contributions substantielles aux efforts mondiaux de lutte contre le terrorisme.

Nous sommes convaincus que le respect des droits de l’homme et des libertés fondamentales est un élément important pour assurer la paix et la stabilité et prévenir le terrorisme. Nous reconnais- sons que la prévention efficace du terrorisme et la lutte contre ce dernier requièrent l’implication de la société civile dans nos pays.

(...) Nous coopérerons activement pour trouver les auteurs, organisateurs, sympathisants et com- manditaires d’actes terroristes et les traduire en justice.

Nous continuerons également à développer l’interaction et le dialogue sur les questions concer- nant la prévention du terrorisme et la lutte contre ce dernier avec les partenaires méditerranéens et asiatiques pour la coopération.

365 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Ljubljana 2005 (Déclaration ministérielle sur la Convention internationale pour la répression des actes de terrorisme nucléaire)

2. Nous nous engageons à tout mettre en œuvre pour signer cette Convention internationale le jour de son ouverture à la signature au Siège des Nations Unies, à New York, le 14 septembre 2005.

3. Nous encourageons la mise en œuvre de toutes les mesures nécessaires pour ratifier, accepter, approuver ou devenir parties à cette Convention internationale dans les plus brefs délais. (…)

Ljubljana 2005 (Concept relatif à la sécurité et à la gestion des frontières : Cadre pour la coopération des États participants de l’OSCE)

2. Les États participants de l’OSCE réaffirment les obligations et les engagements ayant trait aux questions relatives aux frontières qu’ils ont pris à tous les niveaux : (…) 2.2 A l’échelle de l’OSCE : Les États participants réaffirment les normes, principes, engagements et valeurs inscrits dans l’Acte final d’Helsinki qui s’appliquent à tous également et sans réserve, chacun d’entre eux étant interprété en tenant compte des autres. Ils réaffirment les principes et engagements énoncés dans le Document de Copenhague 1990, le Document d’Helsinki 1992 et la Charte de sécurité européenne de 1999. Ils rappellent les plans d’action, les décisions et autres documents pertinents agréés par l’OSCE qui traitent de questions relatives aux frontières. En par- ticulier, le renforcement des capacités de l’OSCE pour promouvoir des frontières ouvertes et sûres et l’amélioration de la coopération interétatique mutuellement bénéfique sont des moyens de faire face aux menaces du terrorisme (...) comme indiqué au paragraphe 35 de la Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle ; (…)

4. Les États participants s’emploieront à promouvoir la coopération entre leurs services des fron- tières, autorités douanières, organismes émettant les documents de voyage et les visas, et ceux chargés de l’application de la loi et des questions de migration, ainsi qu’avec d’autres structures nationales compétentes, dans le but d’atteindre les objectifs suivants : (…) 4.2 Réduire la menace que constitue le terrorisme, notamment en empêchant la circulation transfron- talière de personnes, d’armes et de fonds liés à des activités terroristes et autres activités criminelles ; (…) 4.5 Promouvoir un traitement digne pour toutes les personnes désireuses de traverser des fron- tières, en conformité avec les cadres légaux nationaux pertinents, le droit international, notam- ment les instruments relatifs aux droits de l’homme, au droit des réfugiés et au droit humanitaire, et les engagements pertinents de l’OSCE ; (…)

366 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Bruxelles 2006 (Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique international contre le terrorisme)

Nous, membres du Conseil ministériel de l’OSCE, réaffirmons notre ferme détermination à com- battre le terrorisme sous toutes ses formes et dans toutes ses manifestations, en tant que crime que rien ne peut justifier, quelle que soient sa motivation ou son origine, et à poursuivre et renfor- cer les activités de l’OSCE pour lutter contre le terrorisme conformément aux engagements exis- tants de l’OSCE. (…)

Nous sommes convaincus de l’importance du renforcement du cadre juridique international contre le terrorisme, comprenant les conventions et protocoles universels se rapportant à la prévention et à la répression du terrorisme, les résolutions pertinentes du Conseil de sécurité des Nations Unies, la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies récemment adoptée, ainsi que les instruments juridiques régionaux et bilatéraux se rapportant au terrorisme.

Nous demandons aux États participants de l’OSCE d’appliquer les résolutions pertinentes du Conseil de sécurité des Nations Unies concernant la lutte contre le terrorisme.

Nous nous félicitons des progrès importants réalisés par les États participants en matière de res- pect de l’engagement ministériel de Bucarest à devenir parties aux 12 conventions et protocoles contre le terrorisme, 46 États participants étant parties aux 12 instruments actuellement en vigueur.

Nous demandons aux États participants de l’OSCE qui ne l’ont pas encore fait de tout mettre en œuvre pour devenir parties sans délai aux conventions et protocoles universels contre le terro- risme qui sont actuellement en vigueur, et à les appliquer, en particulier par l’incrimination, dans leur législation nationale, des faits s’y rapportant.

Nous demandons à nouveau aux États participants de l’OSCE d’envisager de devenir parties à la Convention internationale pour la répression des actes de terrorisme nucléaire et à la Conven- tion des Nations Unies contre la criminalité transnationale organisée, ainsi qu’à la Convention des Nations Unies contre la corruption, et de soutenir les efforts en cours pour parvenir à l’adop- tion d’une convention globale sur le terrorisme international dont les termes feront progresser les objectifs antiterroristes de la communauté internationale.

Nous demandons aux États participants d’envisager de devenir parties aux instruments juridiques régionaux et sous-régionaux se rapportant au terrorisme ou à la coopération judiciaire en matière pénale adoptés par les organisations auxquelles nous appartenons, et, lorsqu’il est besoin de com- bler des lacunes dans les instruments juridiques existants À conclure des accords bilatéraux rela- tifs à l’entraide judiciaire et à l’extradition afin de pouvoir coopérer pleinement, conformément aux règles du droit national et international, aux efforts visant à retrouver et traduire en justice les auteurs, organisateurs, sympathisants et commanditaires des actes de terrorisme, selon le prin- cipe « extrader ou juger ».

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Madrid 2007 (Déclaration ministérielle sur la soutien à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies) (…)

3. Nous sommes conscients du rôle moteur de l’Organisation des Nations Unies dans les acti- vités internationales de lutte contre le terrorisme et soutenons la Stratégie antiterroriste mon- diale de l’Organisation des Nations Unies, adoptée le 8 septembre 2006 par l’Assemblée générale des Nations Unies, que nous considérons comme fournissant des orientations pour les activités de l’OSCE en matière de lutte contre le terrorisme, la Stratégie énonçant une approche mondiale exhaustive de la lutte contre le terrorisme en traitant non seulement ses manifestations mais éga- lement les conditions propices à sa propagation, dans un cadre fondé sur les droits de l’homme et l’état de droit et respectant toutes les obligations en vertu du droit international, en particu- lier du droit international des droits de l’homme, du droit des réfugiés et du droit humanitaire.

4. Nous rappelons l’approche mondiale exhaustive de la Stratégie en matière de lutte contre le ter- rorisme qui s’attaque non seulement à ses manifestations, mais également aux conditions pro- pices à sa propagation, notamment, mais pas exclusivement, les conflits non résolus qui perdurent, la déshumanisation des victimes du terrorisme sous toutes ses formes et dans toutes ses manifes- tations, l’absence de l’état de droit et les violations des droits de l’homme, la discrimination eth- nique, nationale et religieuse, l’exclusion politique, la marginalisation socio-économique et l’absence de bonne gouvernance, tout en sachant qu’aucune de ces conditions ne saurait excuser ou justi- fier les actes de terrorisme. (…)

6. Nous rappelons l’engagement de mettre en œuvre toutes les résolutions du Conseil de sécu- rité de l’ONU liées au terrorisme international, reconnaissant que de nombreux États continuent à avoir besoin d’une assistance pour les appliquer. (…)

8. (...) L’OSCE, en particulier ses États participants assistés (...) continuera d’exécuter les engage- ments relatifs à la lutte contre le terrorisme et pourrait se concentrer, bien que pas exclusivement, sur les activités suivantes :

9. L’OSCE continuera de promouvoir le cadre juridique international contre le terrorisme, en par- ticulier les conventions et protocoles universels relatifs à la lutte contre le terrorisme, et d’encoura- ger les États participants à devenir parties à ceux-ci et à se conformer à leurs obligations découlant de ces instruments ; (…)

17. L’OSCE poursuivra ses activités de lutte contre l’extrémisme violent et la radicalisation menant au terrorisme. L’intolérance et la discrimination doivent être traitées et combattues par les États participants et les structures exécutives de l’OSCE, dans le cadre de leurs mandats respectifs. Le Conseil permanent, avec l’appui du Secrétariat et des institutions, examinera en 2008 comment l’OSCE, par le biais d’une approche multidimensionnelle, pourrait contribuer au développement d’une meilleure compréhension du phénomène de l’extrémisme violent et de la radicalisation menant au terrorisme, en partageant les expériences nationales ; (…)

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Helsinki 2008 (Décision N° 10/08 sur la poursuite du Promouvoir de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

Réaffirmant les engagements de l’OSCE en matière de lutte contre le terrorisme et l’intention de maintenir les activités dans ce domaine parmi les priorités de l’OSCE, (…)

Rappelant la nécessité de combattre les facteurs qui peuvent encourager et entretenir le terrorisme, notamment en respectant pleinement la démocratie et l’état de droit, en permettant à tous les citoyens de participer pleinement à la vie politique, en empêchant la discrimination et en encou- rageant le dialogue interculturel et interreligieux au sein de la société, en associant la société civile à la recherche d’un règlement politique commun des conflits, en promouvant les droits de l’homme et la tolérance et en combattant la pauvreté, (…)

1. Appelle les États participants et les structures exécutives de l’OSCE à poursuivre les efforts qu’ils déploient pour contribuer activement à la mise en œuvre de la Stratégie antiterroriste mondiale et d’autres documents de l’ONU relatifs à la lutte contre le terrorisme ;

2. Appelle les États participants à continuer de promouvoir les partenariats public-privé auprès de la société civile, des médias, du monde des affaires et de l’industrie pour combattre le terrorisme, y compris par la diffusion d’enseignements tirés et l’échange d’informations correspondantes et de pratiques nationales optimales tant au niveau de l’OSCE qu’aux niveaux national, sous-régional et régional, lorsqu’il y a lieu ; (…)

4. Appelle les États participants de l’OSCE à utiliser les structures exécutives de l’OSCE pour com- battre l’extrémisme violent et la radicalisation menant au terrorisme sur leur territoire. À cette fin, les États participants sont invités à continuer d’échanger des idées et des pratiques nationales optimales en ce qui concerne les stratégies et les mesures qu’ils ont adoptées pour combattre l’ex- trémisme violent et la radicalisation menant au terrorisme ainsi que pour intensifier leur coopé- ration avec les médias, le monde des affaires, l’industrie et la société civile ; (…)

Athènes 2009 (Décision n° 3/09 relative à des mesures additionnelles pour soutenir et promouvoir le cadre juridique international contre le terrorisme)

Le Conseil ministériel (...),

(...) se félicitant des progrès notables accomplis en ce qui concerne l’adhésion des États participants aux 12 conventions et protocoles universels de 1963 – 1999 contre le terrorisme, ainsi que des pro- grès réalisés dans la signature et la ratification de la Convention internationale pour la répression des actes de terrorisme nucléaire (2005), (…) 6

Reconnaissant la nécessité de mettre en œuvre les dispositions afférentes aux délits des conven- tions et protocoles universels contre le terrorisme dans la législation nationale pénale et, s’il y a lieu,

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également administrative et civile, en les rendant punissables par des sanctions appropriées, en vue de traduire en justice les auteurs, organisateurs, sympathisants et commanditaires d’actes de ter- rorisme dans les limites de l’état de droit et de faciliter la coopération juridique internationale sur la base du principe « extrader ou juger », comme l’exigent les résolutions pertinentes du Conseil de sécurité des Nations Unies et les instruments universels contre le terrorisme,

Reconnaissant également que les États participants de l’OSCE peuvent avoir besoin d’une assis- tance technique dans les efforts qu’ils déploient en ce qui concerne ce qui précède,

Reconnaissant le rôle important que les parlementaires jouent dans la ratification et l’application dans la législation nationale des conventions et protocoles universels contre le terrorisme,

Demande instamment aux États participants de l’OSCE qui ne l’ont pas encore fait de tout mettre en œuvre pour devenir parties sans tarder aux 13 conventions et protocoles universels contre le ter- rorisme qui sont actuellement en vigueur et d’appliquer intégralement leurs dispositions ;

Invite les États participants de l’OSCE à envisager de devenir parties à l’Amendement à la Conven- tion sur la protection physique des matières nucléaires (2005), au Protocole à la Convention pour la répression d’actes illicites contre la sécurité de la navigation maritime (2005), ainsi qu’au Pro- tocole au Protocole pour la répression d’actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental (2005) et à appliquer ensuite intégralement leurs dispositions ;

Invite les États participants de l’OSCE à envisager de devenir parties aux instruments juridiques régionaux et sous-régionaux relatifs au terrorisme, notamment à la Convention du Conseil de l’Eu- rope sur la prévention du terrorisme ; (…)

Invite les États participants de l’OSCE à renforcer la coopération interétatique dans la promotion des conventions et protocoles universels contre le terrorisme par la mise en commun des compé- tences techniques et charge le Secrétaire général de continuer de faciliter la coopération interé- tatique, notamment en rapprochant les offres et les demandes d’assistance technique entre États participants ;

Charge le Secrétaire général et les structures exécutives compétentes de l’OSCE, dans les limites des ressources disponibles, de continuer de collaborer avec l’ONUDC pour renforcer le régime juridique contre le terrorisme en promouvant la mise en œuvre des instruments universels de lutte contre le terrorisme, et en particulier en continuant à améliorer et à rationaliser le soutien fourni au Programme de prévention du terrorisme de l’ONUDC pour ce qui est : • de sensibiliser les États participants et de les aider à forger la volonté politique nécessaire pour devenir parties aux conventions et aux protocoles universels contre le terrorisme ; • de fournir une assistance technique aux États participants qui en font la demande pour l’élabo- ration d’une législation pénale antiterroriste ; • de former les fonctionnaires judiciaires à la coopération juridique internationale en matière pénale liée au terrorisme ; (…)

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Astana 2010

9. (...) dans le monde complexe et interconnecté d’aujourd’hui, nous devons parvenir à une plus grande unité de vues et d’action pour faire face aux nouvelles menaces transnationales telles que le terrorisme (...). Ces menaces peuvent provenir de l’intérieur ou de l’extérieur de notre région.

Dublin 2012 (Déclaration sur le renforcement de la bonne gouvernance et sur la lutte contre la corruption, le blanchiment d’argent et le financement du terrorisme) (…)

(...) nous réaffirmons notre engagement sans réserve de combattre la corruption et de lutter contre le blanchiment d’argent, le financement du terrorisme et les infractions connexes en faisant des priorités politiques étayées par des instruments juridiques appropriés, des ressources financières, humaines et institutionnelles adéquates et, le cas échéant, des outils appropriés pour leur mise en œuvre pratique et efficace. (…)

Nous reconnaissons que les actes de terrorisme international dépendent des ressources financières que les terroristes peuvent obtenir. Nous considérons que le financement du terrorisme constitue un grave sujet de préoccupation pour la communauté internationale dans son ensemble. Nous sommes convaincus qu’il est urgent de renforcer la coopération internationale entre les États en élaborant et en adoptant des mesures efficaces pour prévenir le financement du terrorisme, ainsi que pour le réprimer en traduisant leurs auteurs en justice et en les punissant.

Kiev 2013 (Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour faire face aux menaces transnationales)

Louons les activités menées par les États participants de l’OSCE en vue de renforcer la coopération face aux menaces transnationales dans des domaines comme le contre-terrorisme (…).

Belgrade 2015 (Déclaration ministérielle sur le renforcement des efforts déployés par l’OSCE pour lutter contre le terrorisme à la suite des récentes attentats terroristes)

Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe, sommes horrifiés par les attentats terroristes meurtriers contre des civils qui se sont produits dans tout l’espace de l’OSCE et dans son voisinage en 2015 ; nous présen- tons nos plus sincères condoléances aux familles des victimes et aux peuples et gouvernements qui ont été pris pour cibles, et souhaitons un prompt rétablissement à ceux et celles qui ont été blessés.

Nous condamnons sans équivoque et dans les termes les plus forts tous les attentats terroristes, y compris les meurtres aveugles de civils et le ciblage délibéré d’individus et de communautés, 6 entres autres sur la base de leur religion ou de leur conviction, en particulier par l’État islamique d’Iraq et du Levant, également connu sous le nom de DAECH (EIIL/DAECH), le Front el-Nosra

371 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

et tous les autres individus, groupes, entreprises et entités associés à Al-Qaida, qui constituent une menace mondiale d’une gravité sans précédent contre la paix et la sécurité internationales.

Nous réaffirmons que le terrorisme, sous toutes ses formes et dans toutes ses manifestations, consti- tue une des menaces les plus graves contre la paix et la sécurité internationales, que tous les actes de terrorisme sont criminels et injustifiables, quels qu’en soient les motivations, le moment et les auteurs, et que le terrorisme ne peut et ne saurait être associé à quelque race, religion, nationalité ou civilisation que ce soit.

Nous sommes résolus à renforcer nos efforts pour lutter contre la menace du terrorisme, notam- ment la menace que représentent les combattants terroristes étrangers, et continuerons à cet effet d’appliquer pleinement les engagements de l’OSCE visant à prévenir et combattre le terrorisme, ainsi que les résolutions 2170, 2178, 2199 et 2249 du Conseil de sécurité des Nations Unies.

Nous rappelons que les États participants doivent empêcher et réprimer le financement des actes de terrorisme, et s’abstenir d’apporter quelque forme d’appui que ce soit, actif ou passif, aux enti- tés ou personnes impliquées dans des actes de terrorisme, notamment en réprimant le recrutement de membres de groupes terroristes et en mettant fin à l’approvisionnement en armes des terroristes.

Nous réaffirmons notre engagement à rester unis dans la lutte contre le terrorisme et à collaborer pour prévenir et réprimer les actes de terrorisme et pour s’attaquer aux conditions propices à sa propagation, grâce à une solidarité et à une coopération internationales accrues, compte pleinement tenu du rôle central que joue l’Organisation des Nations Unies, et conformément à la Charte des Nations Unies et aux autres obligations découlant du droit international applicable, en particulier le droit international des droits de l’homme, le droit international des réfugiés et le droit interna- tional humanitaire, ainsi qu’à la mise en œuvre intégrale des résolutions du Conseil de sécurité des Nations Unies et de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies.

Nous soulignons que les mesures antiterroristes efficaces et le respect des droits de l’homme, des libertés fondamentales et de l’état de droit sont complémentaires et se renforcent mutuellement, et que tous sont des éléments essentiels au succès de la lutte contre le terrorisme, et notons qu’il importe de respecter l’état de droit pour prévenir et combattre efficacement le terrorisme.

Nous réaffirmons notre détermination et notre engagement à coopérer pleinement pour prévenir et combattre le terrorisme, conformément à nos obligations découlant du droit international, pour découvrir, priver d’asile et traduire en justice, par voie d’extradition ou de poursuites, quiconque aide ou facilite le financement, la planification, la préparation ou la commission d’actes de terro- risme ou qui tente de le faire ou qui offre l’asile à de tels individus.

Nous insistons sur le fait que le terrorisme ne peut être vaincu que grâce à l’adoption d’une démarche suivie et globale fondée sur la participation et la collaboration actives de l’ensemble des États par- ticipants et des organismes internationaux et régionaux compétents, ainsi que, s’il y a lieu, de la société civile, pour contrer, affaiblir, isoler et neutraliser la menace terroriste. (…)

Nous sommes convaincus que la lutte contre le terrorisme, conformément aux principes et aux engagements de l’OSCE, demande des efforts d’ensemble et durables afin de faire face aux mani- festations du terrorisme, ainsi qu’aux divers facteurs sociaux, économiques, politiques et autres, qui pourraient engendrer des conditions permettant aux organisations terroristes de recruter et de se ménager des appuis, tout en reconnaissant qu’aucune de ces conditions ne saurait excuser ou justifier les actes de terrorisme.

372 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

Nous réaffirmons la ferme détermination des États participants à protéger les principes fondamen- taux sur lesquels se fonde l’OSCE et à mettre en œuvre tous les engagements de l’Organisation, en particulier ceux ayant trait à la prévention et à la lutte contre le terrorisme, y compris le phé- nomène des combattants terroristes étrangers, à la lutte contre l’extrémisme violent et la radi- calisation qui conduisent au terrorisme, au respect des droits de l’homme et de l’état de droit et à la promotion de la tolérance et de la non-discrimination, du respect mutuel et de la compréhen- sion au sein de nos sociétés.

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

Soulignant notre condamnation résolue et sans réserve du terrorisme et de l’extrémisme violent ainsi que notre profonde solidarité avec toutes les victimes du terrorisme,

Réaffirmant l’engagement des États participants de collaborer afin de prévenir les actes liés au ter- rorisme, y compris leur financement, de les réprimer, d’enquêter à leur sujet et d’en poursuivre les auteurs, et soulignant leur ferme détermination à combattre le terrorisme sous toutes ses formes et dans toutes ses manifestations, en tant que crime qui n’a aucune justification, quelle qu’en soit la motivation ou l’origine, et que le terrorisme et l’extrémisme violent ne peuvent et ne sauraient être associés à une race, un groupe ethnique, une nationalité ou une religion quelconques, (…)

Conscients du rôle de chef de file joué par l’Organisation des Nations Unies dans les efforts déployés au niveau international pour prévenir et combattre le terrorisme et l’extrémisme violent, ainsi que de l’engagement des États participants d’appliquer pleinement la Stratégie antiterroriste mondiale de l’ONU,

Guidés par notre conviction que la lutte contre le terrorisme et l’extrémisme violent, conformé- ment aux principes et engagements de l’OSCE, demande des efforts d’ensemble et durables pour faire face aux manifestations du terrorisme ainsi qu’aux divers facteurs sociaux, économiques, poli- tiques et autres qui pourraient engendrer une situation permettant aux organisations terroristes de recruter et de se ménager des appuis,

Hambourg 2016 (Déclaration ministérielle sur le renforcement des efforts de l’OSCE en matière de prévention et de lutte contre le terrorisme)

1. Nous, Ministres des affaires étrangères des États participants de l’Organisation pour la sécurité et la coopération en Europe, condamnons dans les termes les plus forts possibles, tous les attentats terroristes qui se sont produits dans l’ensemble de l’espace de l’OSCE, ses régions avoisinantes et le 6 monde entier, en particulier en 2016. Nous réaffirmons notre solidarité avec les victimes du terro- risme et soulignons la nécessité de promouvoir la solidarité internationale en soutien à ces dernières

373 6.4.1 Condamnation du terrorisme et engagement à le combattre, Terrorisme

et de veiller à ce qu’elles soient traitées avec dignité et respect. Nous présentons nos plus sincères condoléances aux familles des victimes et aux peuples et gouvernements qui ont été pris pour cibles.

2. Nous exprimons notre condamnation sans équivoque et notre indignation devant les meurtres aveugles et le ciblage délibéré de civils, les nombreuses atrocités, les persécutions d’individus et de communautés, entre autres sur la base de leur religion ou de leur conviction, par des organisations terroristes, en particulier le soi-disant État islamique d’Iraq et du Levant, également connu sous le nom de DAECH (EIIL/DAECH), Al-Qaida, le Front el-Nosra/Jabhat Fateh al-Cham, et les per- sonnes, groupes, entreprises ou entités qui leur sont associés.

3. Nous réaffirmons que le terrorisme, sous toutes ses formes et dans toutes ses manifestations, constitue une des menaces les plus graves contre la paix et la sécurité internationales, que tout acte de terrorisme est criminel et injustifiable, quelles qu’en soient les motivations, et que le terrorisme ne peut et ne saurait être associé à quelque race, religion, nationalité ou civilisation que ce soit.

4. Nous soulignons le rôle central joué par l’Organisation des Nations Unies dans la prévention et la lutte contre le terrorisme, et réaffirmons notre engagement de prendre les mesures qui s’imposent pour protéger toutes les personnes relevant de nos juridictions contre les actes de terrorisme et la nécessité de mener toutes les actions conformément à la Charte des Nations Unies et à toutes les autres obligations en vigueur découlant du droit international, en particulier du droit internatio- nal des droits de l’homme, du droit international des réfugiés et du droit international humani- taire, ainsi qu’aux résolutions pertinentes du Conseil de sécurité des Nations Unies. Conformément à ces documents, nous soulignons l’importance de nos engagements au titre de la Stratégie anti- terroriste mondiale de l’Organisation des Nations Unies. Nous prenons note également des docu- ments de bonnes pratiques pertinents adoptés par le Forum mondial de lutte contre le terrorisme.

5. Nous rappelons tous les documents pertinents de l’OSCE adoptés sous les présidences précédentes dans le domaine de la prévention et de la lutte contre le terrorisme. Nous prenons note en outre de la Convention du Conseil de l’Europe sur la prévention du terrorisme et encourageons les États parti- cipants de l’OSCE à envisager de devenir parties à cette Convention et à son Protocole additionnel.

6. Nous soulignons que les États participants jouent un rôle primordial dans la prévention et la lutte contre le terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au ter- rorisme, tout en respectant leurs obligations découlant du droit international, en particulier les droits de l’homme et les libertés fondamentales. Nous réaffirmons fermement notre détermina- tion et notre résolution à rester unis dans la prévention et la lutte contre le terrorisme, grâce à une solidarité et à une coopération internationales accrues, ainsi qu’à une approche durable et globale à tous les niveaux pertinents, avec la participation et la coopération actives de tous les États par- ticipants et des organisations internationales et régionales compétentes. Nous reconnaissons que les États participants devraient prendre des mesures conformes aux engagements de l’OSCE, tout en assurant une appropriation nationale, pour s’attaquer aux conditions propices à la propagation du terrorisme, sachant qu’aucune de ces conditions ne saurait excuser ni justifier des actes de ter- rorisme. Dans ce contexte, nous sommes conscients de la nécessité de s’attaquer à la menace que posent les discours utilisés par les terroristes, y compris la justification publique du terrorisme, l’incitation et le recrutement, et appelons les États participants à agir en coopération pour élabo- rer les réponses les plus efficaces à cette menace, en conformité avec le droit international, notam- ment le droit international des droits de l’homme.

7. Nous accueillons avec satisfaction les travaux effectués par le Groupe d’action financière (GAFI) et soulignons que tous les États participants prendront les mesures appropriées pour prévenir et réprimer le financement du terrorisme et s’abstiendront de toute forme de soutien financier,

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en particulier au travers de la participation, en faveur d’organisations terroristes, au commerce direct ou indirect de ressources naturelles, dont le pétrole et les produits pétroliers, d’armes, de munitions et de pièces de rechange, ainsi que de biens culturels et d’autres objets ayant une valeur archéolo- gique, historique, culturelle, scientifique ou religieuse. Nous soulignons également l’importance de la coopération entre les États participants de l’OSCE pour prévenir et combattre le recrutement de membres de groupes terroristes, y compris de combattants terroristes étrangers. Nous réduirons encore la menace que constitue le terrorisme en empêchant la circulation transfrontière de per- sonnes, d’armes et de fonds liés aux activités terroristes, conformément aux engagements de l’OSCE.

8. Nous réaffirmons que ceux qui participent au financement, à la planification, à la préparation ou à la commission d’actes terroristes doivent en être tenus responsables et être traduits en jus- tice sur la base du principe « extrader ou poursuivre », conformément aux obligations découlant du droit international et à la législation interne applicable. Nous réaffirmons notre détermina- tion et notre résolution à coopérer pleinement dans la prévention et la lutte contre le terrorisme, tout en respectant les droits de l’homme et les libertés fondamentales, et en nous conformant aux obligations découlant du droit international. Nous appelons les États à coopérer dans le cadre des efforts visant à faire face à la menace posée par les terroristes, y compris les combattants terro- ristes étrangers et ceux qui sont rentrés dans leur pays, entre autres en élaborant et en appliquant, après les poursuites, des stratégies de réadaptation et de réinsertion.

9. Nous insistons sur l’importance cruciale de l’échange d’informations, en particulier dans les domaines des combattants terroristes étrangers, des documents de voyage volés ou perdus, des armes à feu et des biens culturels pillés ou volés, tels que les antiquités, et encourageons tous les États à utiliser pleinement les mécanismes et les systèmes d’échange de données disponibles aux niveaux multilatéral et bilatéral.

10. Nous soulignons l’importance de la coopération entre les États participants de l’OSCE, notam- ment avec la participation, selon qu’il conviendra, de la société civile, pour prévenir et combattre le terrorisme. Nous soulignons aussi le rôle important que la société civile, en particulier les jeunes, les familles, les femmes, les victimes du terrorisme, les dirigeants religieux, culturels et pédago- giques, ainsi que les médias et le secteur privé peuvent jouer dans la prévention de l’extrémisme violent et de la radicalisation qui conduisent au terrorisme, entre autres en luttant contre les mes- sages terroristes et extrémistes violents et en proposant des alternatives à ces discours, y compris sur l’Internet et sur les médias sociaux et autres. Nous encourageons les dirigeants politiques et les personnalités publiques, y compris de la société civile, ainsi que les dirigeants religieux, à dénoncer vigoureusement et rapidement l’extrémisme violent et la radicalisation qui conduisent au terrorisme.

11. Nous prenons note avec satisfaction de la poursuite de la campagne « L’OSCE unie dans la lutte contre l’extrémisme violent (#United CVE) » et rappelons que l’Assemblée générale des Nations Unies a pris acte du Plan d’action pour la prévention de l’extrémisme violent qui lui a été présenté par son Secrétaire général et dans lequel il est suggéré que les États prennent en considération ses recommandations en la matière lorsqu’ils élaborent, selon qu’il conviendra et dans la mesure où ils sont applicables dans leur contexte intérieur, des plans nationaux et régionaux d’action en vue de prévenir l’extrémisme violent propice au terrorisme.

12. Nous nous félicitons des activités menées par les structures exécutives de l’Organisation, y com- pris ses institutions, dans la limite de leurs mandats existants et des ressources dont elles disposent, en soutien à la mise en œuvre des engagements de l’OSCE dans le domaine de la prévention et de 6 la lutte contre le terrorisme, conformément à l’approche globale de la sécurité propre à l’OSCE.

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13. Nous invitons les partenaires de l’OSCE pour la coopération à s’associer à nous pour soute- nir cette déclaration.

6.4.2 Respect des droits de l’homme et de l’État de droit dans la lutte contre le terrorisme

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Les États participants (…) se déclarent résolus à prendre des mesures efficaces pour la préven- tion et l’élimination des actes de terrorisme (…). Ils conviennent d’agir ainsi conformément (…) à l’Acte final de Helsinki.

Copenhague 1990

(6) Les États participants (…) reconnaissent la responsabilité qui leur incombe de défendre et de pro- téger, conformément à leurs lois, à leurs obligations internationales en matière de droits de l’homme et à leurs engagements internationaux, l’ordre démocratique librement établi par la volonté du peuple contre les activités de personnes, groupes ou groupements ou organisations qui prennent part ou qui refusent de renoncer à des actes de terrorisme ou de violence visant à renverser cet ordre ou celui d’un autre État participant.

Bucarest 2001 (Déclaration ministérielle)

3. (...) Nous affirmons de nouveau que la lutte contre le terrorisme n’est pas une guerre contre des religions ou des peuples. Nous réaffirmons notre engagement à protéger les droits de l’homme et les libertés fondamentales.

4. Nous sommes résolus à mettre nos citoyens à l’abri des nouveaux défis pour la sécurité tout en protégeant l’état de droit, les libertés individuelles et le droit à l’égalité devant la justice, confor- mément à la loi.

Bucarest 2001 (Décision n° 1/01 sur la lutte contre le terrorisme)

(...) Les États participants de l’OSCE ne céderont pas aux menaces terroristes mais les combat- tront par tous les moyens conformément à leurs engagements internationaux (…). Ils défendront la liberté et protégeront leurs citoyens contre les actes de terrorisme, en respectant pleinement le droit international et les droits de l’homme. Ils rejettent fermement toute identification du ter- rorisme avec une nationalité ou une religion quelconque et confirment à nouveau les normes, prin- cipes et valeurs de l’OSCE.

Bucarest 2001 (Annexe à la décision 1/01 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

26. Prévention des mouvements de terroristes : États participants : Empêcheront les mouvements de terroristes ou de groupes terroristes en instituant des contrôles efficaces aux frontières, ainsi que des contrôles lors de la délivrance de documents d’identité et de documents de voyage ; Ils appli- queront ces mesures de contrôle en respectant pleinement leurs obligations au titre des normes du droit international concernant les réfugiés et les droits de l’homme.

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Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

Des États participants de l’OSCE (...)

6. Réaffirment leur engagement de prendre les mesures nécessaires pour protéger les droits de l’homme et les libertés fondamentales, tout particulièrement le droit à la vie, des personnes relevant de leur juridiction à l’encontre d’actes terroristes ;

7. S’engagent à mettre en œuvre des mesures efficaces et fermes de lutte contre le terrorisme et à faire en sorte que toutes les mesures anti-terroristes et la coopération en la matière respectent la primauté du droit et soient conformes à la Charte des Nations Unies et aux dispositions perti- nentes du droit international, aux normes internationales relatives aux droits de l’homme et, le cas échéant, au droit humanitaire international ;

Maastricht 2003 (Stratégie de l’OSCE visant à faire face aux menaces pour la sécurité et la stabilité au XXIe siècle)

29. (...) Une attention particulière sera accordée au renforcement des capacités et à d’autres formes d’assistance en matière de lutte antiterroriste. Le défi important qui consiste à mettre en œuvre des mesures efficaces contre terrorisme, dans le plein respect de la primauté du droit et du droit international, notamment la législation relative aux droits de l’homme, est également examiné. (...)

Sofia 2004 (Déclaration ministérielle sur la prévention et la lutte contre le terrorisme)

Nous soulignons à nouveau notre détermination à combattre le terrorisme sous toutes ses formes et dans toutes ses manifestations (...) et à mener cette lutte dans le respect de l’état de droit et confor- mément à nos obligations au titre du droit international, en particulier aux instruments interna- tionaux relatifs aux droits de l’homme et aux réfugiés ainsi qu’au droit humanitaire.

2. Nous soulignons le rôle de chef de file de l’Organisation des Nations Unies dans la lutte glo- bale contre le terrorisme. (…) nous appuyons la résolution 2004/87 de la Commission des droits de l’homme des Nations Unies (…).

Sofia 2004 (Décision n° 3/04 sur la lutte contre l’utilisation d’Internet à des fins terroristes)

(...) Préoccupé par l’ampleur de l’utilisation d’Internet par des organisations terroristes (...) Décide que les États participants échangeront des informations sur l’utilisation d’Internet à des fins terro- 6 ristes et identifieront des stratégies possibles de lutte contre cette menace, tout en veillant à assu- rer le respect des obligations et normes internationales relatives aux droits de l’homme, y compris celles concernant les droits à la vie privée et à la liberté d’opinion et d’expression ;

377 6.4.2 Respect des droits de l’homme et de l’État de droit dans la lutte contre le terrorisme

Bruxelles 2006 (Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique international contre le terrorisme) (…)

Nous insistons sur le fait que les mesures pour mener cette lutte doivent être prises en respec- tant pleinement l’état de droit et conformément à nos obligations au regard du droit internatio- nal, en particulier des instruments internationaux relatifs aux droits de l’homme, aux droits des réfugiés et au droit humanitaire. (…)

Madrid 2007 (Décision n° 5/07 sur les partenariats public-privé dans la lutte contre le terrorisme) (…)

Réaffirmant l’importance fondamentale, notamment en réponse au terrorisme et à la peur du ter- rorisme, de respecter tous les droits de l’homme et libertés fondamentales ainsi que l’état de droit et de se conformer aux obligations correspondantes en vertu du droit international, en particu- lier du droit international des droits de l’homme, du droit des réfugiés et du droit humanitaire, (…)

(...) À cet égard, les activités devraient particulièrement prendre en considération :

la promotion de la tolérance, des droits de l’homme, de l’état de droit, de la démocratie, de la bonne gouvernance et du dialogue interculturel,

la promotion de la sensibilisation et de l’information du public par le biais des médias et des ins- titutions d’enseignement, tout en respectant la diversité culturelle et religieuse,

Décide :

1. de charger le Secrétaire général et les institutions de l’OSCE de continuer à promouvoir l’im- plication du secteur privé (société civile et monde des affaires) dans leurs activités de lutte contre le terrorisme, lorsque cela est pertinent et approprié ; (…)

Helsinki 2008 (Décision N° 7/08 sur la poursuite du renforcement de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel (...),

4. Encourage les États participants à poursuivre et à intensifier, avec l’aide, au besoin, des struc- tures exécutives compétentes de l’OSCE, conformément à leur mandat et dans la limite des res- sources existantes, leurs efforts pour partager informations et meilleures pratiques et renforcer l’état de droit, notamment dans les domaines suivants : (…) • Respect de l’état de droit et des droits de l’homme dans la lutte contre le terrorisme, conformé- ment aux obligations qu’ils ont contractées en vertu du droit international et des engagements qu’ils ont pris dans le cadre de l’OSCE ;

378 6.4.3 Prévention des activités terroristes sur le territoire des États participants

(…)

Helsinki 2008 (Décision N° 10/08 sur la poursuite du Promouvoir de l’État de droit dans l’espace de l’OSCE)

Le Conseil ministériel,

Soulignant de nouveau la détermination des États participants de l’OSCE à combattre le terrorisme sous toutes ses formes et manifestations, comme un crime qui n’a aucune justification, quelle que soit sa motivation ou son origine, et à mener ce combat dans le respect de l’état de droit et confor- mément aux obligations qu’ils ont contractées en vertu du droit international, en particulier de celui relatif aux droits de l’homme, aux réfugiés et à l’action humanitaire, (…)

6.4.3 Prévention des activités terroristes sur le territoire des États participants

Madrid 1983 (Questions relatives à la sécurité en Europe : Principes)

Dans le cadre du combat contre les actes de terrorisme, ils prendront toutes les mesures appro- priées pour empêcher que leur territoire ne soit utilisé pour préparer, organiser ou commanditer des activités terroristes, y compris celles qui sont dirigées contre d’autres États participants et leurs ressortissants. Cela concerne également des mesures visant à interdire sur leurs territoires les acti- vités illicites de personnes, de groupes et d’organisations qui sont les instigateurs d’actes de terro- risme, les organisent ou s’y livrent.

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(10) (...) les États participants expriment leur intention (...) (10.3.) – d’empêcher sur leur territoire les activités illicites de personnes, groupes ou organisations qui fomentent, organisent ou perpètrent des actes de terrorisme ou subversifs, ou d’autres activités visant au renversement par la violence du gouvernement d’un autre État participant ;

Istanbul 1999 (Charte de sécurité européenne : I. Nos défis communs)

4. (...) Nous intensifierons nos efforts pour prévenir la préparation et le financement de tout acte de terrorisme sur nos territoires et nous refuserons tout sanctuaire aux terroristes (...)

Bucarest 2001 (Annexe à la décision 1/01 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

24. Répression du financement du terrorisme : États participants : Ils prendront, dans le cadre de la Convention internationale pour la répression du financement du terrorisme adoptée par l’ONU et de la résolution 1373 (2001) du Conseil de sécurité des Nations Unies, des mesures visant à pré- venir et à réprimer le financement du terrorisme, érigeront en infraction la fourniture ou la collecte délibérée de fonds à des fins terroristes et gèleront les avoirs des terroristes, en gardant égale- 6 ment à l’esprit la résolution 1267 (1999) du Conseil de sécurité des Nations Unies. Ils apporteront, conformément à leur législation nationale et à leurs obligations au titre du droit international, une

379 6.4.3 Prévention des activités terroristes sur le territoire des États participants

prompte réponse aux demandes de renseignements d’un autre État participant ou d’une organi- sation internationale compétente.

Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

Les États participants de l’OSCE, résolus à lutter en commun contre le terrorisme,

8. Réaffirment que chaque État a l’obligation de s’abstenir d’abriter des terroristes, d’organiser, d’encourager, d’appuyer activement ou passivement des actes de terrorisme sur le territoire d’un autre État, d’y aider, ou de les commanditer de quelque autre manière, ou de tolérer sur son terri- toire des activités organisées en vue de perpétrer de tels actes ; (…)

24. Considèrent qu’ils se doivent de compléter la coopération internationale en prenant toutes les mesures nécessaires pour prévenir et réprimer sur leur territoire, par tous les moyens licites, le soutien, le financement et la préparation de tout acte de terrorisme, et d’ériger en crime la four- niture ou la collecte délibérée de fonds à des fins terroristes, dans le cadre de leurs obligations au titre de la Convention internationale des Nations Unies sur la répression du financement du ter- rorisme et des résolutions pertinentes du Conseil de sécurité ; (…)

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

Soulignant notre condamnation résolue et sans réserve du terrorisme et de l’extrémisme violent ainsi que notre profonde solidarité avec toutes les victimes du terrorisme,

380 6.4.3 Prévention des activités terroristes sur le territoire des États participants

Réaffirmant l’engagement des États participants d’échanger des idées et les meilleures pratiques nationales en ce qui concerne les stratégies et les mesures qu’ils ont adoptées pour combattre l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme, en vue de renforcer la coopé- ration pratique, 6 Prenant note du fait que la radicalisation au terrorisme et le recrutement de terroristes peuvent intervenir en prison et affirmant en conséquence qu’il importe d’élaborer et de diffuser, selon qu’il

381 6.4.3 Prévention des activités terroristes sur le territoire des États participants

conviendra, des directives internationales concernant la réintégration, la réinsertion et la préven- tion de la radicalisation au terrorisme en prison,

Soulignant que les États participants jouent un rôle primordial dans la prévention et la lutte contre le terrorisme et l’extrémisme violent, tout en respectant leurs obligations découlant du droit inter- national,

Soulignant les rôles importants que les jeunes, les familles, les femmes, les victimes du terrorisme, les dirigeants religieux, culturels et pédagogiques, la société civile ainsi que les médias peuvent jouer pour lutter contre le discours extrémiste violent susceptible d’inciter à des actes de terrorisme et pour s’attaquer aux conditions propices à la propagation du terrorisme, notamment en favori- sant le respect mutuel et la compréhension, la réconciliation et la coexistence pacifique entre les cultures et en promouvant et protégeant les droits de l’homme, les libertés fondamentales, les prin- cipes démocratiques et l’état de droit, (…)

Demandons aux États participants :

1. D’accroître encore leurs efforts pour prévenir et combattre l’extrémisme violent et la radicalisa- tion qui conduisent au terrorisme dans leurs pays, en suivant une approche multidimensionnelle et, à cet égard, de mettre à profit, selon qu’il conviendra et si nécessaire, les structures exécutives de l’OSCE, notamment les opérations de terrain, dans la limite de leurs mandats respectifs ;

2. De renforcer les efforts qu’ils déploient pour combattre et réprimer le financement du terrorisme, en application et dans le respect des résolutions pertinentes du Conseil de sécurité des Nations Unies (...) et à l’appui des engagements de l’OSCE, (...),

3. D’adopter toutes mesures nécessaires et appropriées et conformes aux obligations qui leur incombent en vertu du droit international, notamment en ce qui concerne les droits de l’homme et les libertés fondamentales, pour interdire par la loi l’incitation à commettre des actes de terro- risme et empêcher toute incitation à commettre de tels actes ; ;

4. De coopérer pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, grâce, entre autres, à un renforcement des capacités, à la coordination des plans et des efforts et à la mise en commun des enseignements tirés, notamment pour mettre fin à la fourniture d’armes aux terroristes, prévenir la radicalisation au terrorisme, le recrutement, et la mobilisation de personnes comme terroristes, y compris comme combattants terroristes étrangers ;

5. D’envisager, selon qu’il conviendra, d’élaborer et d’actualiser des stratégies et des plans d’ac- tion antiterroristes nationaux, y compris des politiques et des mesures spécifiques pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en application des engagements de l’OSCE et conformément à leurs obligations découlant du droit international, y compris le droit des droits de l’homme ;

6. De promouvoir une approche globale à tous les niveaux dans la prévention et la lutte contre l’ex- trémisme violent et la radicalisation qui conduisent au terrorisme, y compris la coordination entre les autorités nationales, la coopération entre les États participants et la coopération avec les orga- nisations internationales et régionales compétentes ;

382 6.4.3 Prévention des activités terroristes sur le territoire des États participants

7. De promouvoir la recherche et l’échange d’informations sur les conditions propices à la pro- pagation de l’extrémisme violent et de la radicalisation qui conduisent au terrorisme et sur les moyens de les combattre ;

8. D’encourager les dirigeants politiques et les personnalités publiques, y compris la société civile et les dirigeants religieux, à contribuer à la prévention et à la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme en dénonçant vigoureusement et rapidement l’extré- misme violent et la radicalisation qui conduisent au terrorisme ;

9. De continuer à promouvoir les partenariats public-privé en matière de lutte contre le terrorisme, selon qu’il conviendra, entre les autorités publiques, le secteur privé, la société civile, les membres de communautés religieuses ou leurs représentants, ainsi que les médias, conformément, entre autres, à la Décision no 10/08 du Conseil ministériel afin de combattre l’incitation au terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;

10. De renforcer la coopération internationale et les partenariats public-privé en vue d’élabo- rer des mesures pratiques de lutte contre l’utilisation de l’Internet et d’autres moyens pour inci- ter à l’extrémisme violent et à la radicalisation qui conduisent au terrorisme et pour recruter des combattants terroristes étrangers. La coopération internationale et les partenariats public-privé en question pourraient favoriser les efforts déployés en matière de communication, y compris par l’intermédiaire des médias sociaux, pour combattre l’envoi de messages extrémistes violents tout en respectant pleinement le droit à la liberté d’opinion et d’expression ; (…)

12. D’encourager un dialogue et une coopération interculturels, interconfessionnels et interreligieux ouverts et transparents pour contribuer, entres autres, à renforcer la tolérance, le respect mutuel et la compréhension aux niveaux local, national, régional et international ;

13. De tenir compte du souci d’égalité entre les sexes dans les efforts qu’ils déploient pour lutter contre le terrorisme et pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en mettant l’accent sur l’autonomisation des femmes et la participation de celles-ci aussi bien que des hommes à ces efforts ;

14. De mobiliser les jeunes et de les faire participer à la prévention et à la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, entre autres : (a) En créant un environnement favorable et des possibilités pour que les jeunes participent en s’y impliquant volontairement et librement à la vie publique et à la promotion des droits de l’homme, des libertés fondamentales, des principes démocratiques, de l’état de droit, de la tolérance, de la non-discrimination, du dialogue, du respect mutuel et de la compréhension, et pour que leur accès aux services sociaux soit facilité ; (b) En soutenant les jeunes désireux de contribuer à de tels efforts à travers l’éducation dans les écoles et les établissements d’enseignement supérieur ; (c) En soutenant les initiatives de sensibilisation menées par les jeunes et axées sur eux, notamment par l’intermédiaire de l’Internet et des médias sociaux, pour prévenir et combattre leur radicali- sation au terrorisme et pour promouvoir le respect des droits de l’homme, les libertés fondamen- tales, la tolérance et la non-discrimination ; 6 (d) En promouvant des programmes pour faciliter l’accès des jeunes à l’emploi ;

383 6.4.3 Prévention des activités terroristes sur le territoire des États participants

15. D’envisager de soutenir, notamment par des contributions financières volontaires, les activi- tés menées par l’OSCE dans les trois dimensions de la sécurité qui concourent à l’action mondiale pour prévenir et combattre l’extrémisme violent et la radicalisation conduisant au terrorisme, tout en reconnaissant le rôle de chef de file joué par l’Organisation des Nations Unies ;

16. D’inviter les partenaires de l’OSCE pour la coopération à collaborer activement avec nous pour renforcer notre dialogue et notre coopération dans la prévention et la lutte contre l’extré- misme violent et la radicalisation qui conduisent au terrorisme, en respectant et en protégeant les droits de l’homme et les libertés fondamentales dans ce contexte, en prévenant et en combattant les manifestations d’intolérance et de discrimination, notamment sur la base de la religion ou de la conviction, la xénophobie et la violence, ainsi que dans la promotion du dialogue interconfession- nel, interreligieux et interculturel (...), et d’encourager les partenaires de l’OSCE pour la coopéra- tion à continuer de s’appuyer le plus possible sur les principes, normes et engagements de l’OSCE ainsi que ses outils pertinents ;

17. Nous encourageons les parlementaires à continuer de dialoguer en vue de renforcer la législa- tion indispensable pour lutter contre le terrorisme et promouvoir la solidarité avec les victimes du terrorisme et les invitons à dénoncer vigoureusement et rapidement l’intolérance, la discrimina- tion, le terrorisme ainsi que l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;

Demandons aux structures exécutives compétentes de l’OSCE, dans la limite de leurs mandats res- pectifs et des ressources disponibles :

18. De continuer d’apporter leur soutien aux États participants, à leur demande, en matière de pré- vention et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en suivant une approche multidimensionnelle, notamment en ce qui concerne les jeunes, selon qu’il conviendra ;

19. De faciliter l’échange de données d’expérience concrètes et de bonnes pratiques et, sur demande, de fournir une assistance selon qu’il conviendra, afin, entre autres : (a) De promouvoir la recherche et l’échange d’informations sur les conditions favorisant l’extré- misme violent et la radicalisation qui conduisent au terrorisme et sur les moyens de les combattre ; (b) D’élaborer, selon qu’il conviendra, des stratégies et des plans d’action antiterroristes nationaux, y compris des politiques et des mesures pour lutter contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (c) D’intégrer un souci d’égalité entre les sexes dans le contexte de la prévention et de la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en mettant plus particuliè- rement l’accent sur l’autonomisation des femmes et la participation de celles-ci aussi bien que des hommes à ces efforts ; (d) D’aider les États participants à mettre sur pied des activités pratiques, en partenariat avec la société civile et le secteur privé, selon qu’il conviendra, en vue d’appuyer l’élaboration de politiques, d’approches et de stratégies pour prévenir et combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (e) De promouvoir l’échange des meilleures pratiques, selon qu’il conviendra, et d’explorer la pos- sibilité d’élaborer des directives internationales sur la réinsertion, la réintégration et la prévention de la radicalisation terroriste dans les prisons ; (f) De mettre en œuvre des approches de police de proximité pour prévenir le terrorisme et lutter contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;

384 6.4.3 Prévention des activités terroristes sur le territoire des États participants

(g) De promouvoir la coopération entre les experts du gouvernement, de la société civile, des uni- versités, des médias et du secteur privé en vue de prévenir et de combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (h) De renforcer le rôle de la société civile, des femmes, des jeunes et des dirigeants religieux dans la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (i) De promouvoir et de protéger les droits de l’homme et les libertés fondamentales, ainsi que l’état de droit, dans le contexte des mesures de prévention du terrorisme et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (j) De s’attaquer aux facteurs socio-économiques négatifs dans le contexte de la prévention du ter- rorisme et de la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (k) D’encourager les initiatives pédagogiques et d’autres mesures pour promouvoir la tolérance et la non-discrimination ainsi que la non-violence et pour sensibiliser le public aux stéréotypes xénophobes, à l’intolérance et à la discrimination et les combattre, dans le cadre des efforts de pré- vention et de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ; (l) De reconnaître le rôle joué par les médias pour ce qui est de promouvoir un débat pluraliste et d’encourager le professionnalisme et l’autorégulation volontaire dans les médias en vue de favo- riser la tolérance à l’égard de la diversité ethnique, religieuse, linguistique et culturelle, ainsi que de prévenir et de combattre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, tout en respectant l’indépendance et la liberté des médias ;

20. De coopérer avec l’Organisation des Nations Unies et d’autres organisations et initiatives inter- nationales et régionales compétentes, d’éviter les doubles emplois et de maximiser les synergies dans la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme ;

21. D’apporter un appui aux partenaires pour la coopération, conformément aux besoins et aux priorités qu’ils ont recensés, (...) ;

22. Nous chargeons les opérations de terrain de rendre compte au Conseil permanent par l’intermé- diaire du Secrétariat d’ici au 26 mai 2016 des activités qu’elles ont menées, qu’elles mènent actuelle- ment et qu’elles pourraient mener, conformément à leurs mandats respectifs, en vue expressément de soutenir, dans leurs pays d’accueil respectifs, les efforts de lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme, en suivant une approche multidimensionnelle.

Hambourg 2016 (Décision N° 6/16 sur le renforcement de l’utilisation des renseignements préalables concernant les voyageurs) (…)

Réaffirmant la nécessité de combattre le terrorisme, qui constitue une des menaces les plus graves contre la paix et la sécurité internationales, en se conformant à la Charte des Nations Unies et au droit international, y compris le droit international des droits de l’homme, le droit international des réfugiés et le droit international humanitaire en vigueur,

Rappelant l’obligation qui est faite dans la résolution 2178 (2014) du Conseil de sécurité des Nations Unies d’empêcher la circulation de terroristes ou de groupes terroristes, conformément au droit international applicable, en effectuant, entre autres, des contrôles efficaces aux frontières, ainsi 6 que d’intensifier et d’accélérer, conformément au droit interne et international, les échanges d’in- formations opérationnelles au sujet des activités ou des mouvements de terroristes et de réseaux

385 6.4.3 Prévention des activités terroristes sur le territoire des États participants

terroristes, y compris de combattants terroristes étrangers, notamment avec les États de résidence ou de nationalité des individus concernés, dans le cadre de mécanismes multilatéraux et bilatéraux, (…)

Déclarant notre intention de détecter et d’empêcher la circulation de combattants terroristes étran- gers en pleine conformité avec les résolutions 2178 (2014) et 2309 (2016) du Conseil de sécurité des Nations Unies, qui invitent tous les États « à exiger des compagnies aériennes opérant sur leur ter- ritoire qu’elle communiquent à l’avance aux autorités nationales compétentes des informations sur les passagers afin de détecter le départ de leur territoire, ou la tentative d’entrer sur leur territoire ou de transit par leur territoire, à bord d’appareils civils, de personnes désignées par le Comité » (…)

Décide que les États participants de l’OSCE s’engagent à :

1. Établir des systèmes nationaux de renseignements préalables concernant les voyageurs (RPCV) conformément aux dispositions figurant dans l’annexe 9 à la Convention relative à l’aviation civile internationale (Convention de Chicago) de l’OACI et harmonisées avec les Directives OMD/IATA/ OACI relatives aux renseignements préalables concernant les voyageurs (RPCV), y compris celles qui concernent le respect de la vie privée et la protection des données, afin de recueillir efficace- ment des données sur les voyageurs et/ou les membres d’équipage auprès des compagnies aériennes opérant sur leurs territoires ;

2. Envisager d’établir au niveau national un système interactif d’échange de RPCV (RPCVi) afin d’empêcher la circulation de combattants terroristes étrangers conformément aux résolutions 2178 (2014) et 2309 (2016) du Conseil de sécurité des Nations Unies ;

3. Se conformer au Document 9082 de l’OACI intitulé « Politiques de l’OACI sur les redevances d’aéroports et de services de navigation aérienne » dans le contexte de l’établissement d’un système de RPCV, en reconnaissant que c’est aux États qu’il incombe d’assurer l’application de mesures de sécurité adéquates dans les aéroports ;

4. Collaborer avec toutes les parties prenantes nationales concernées dans l’application des systèmes de RPCV au niveau national et envisager de créer un organisme pour recevoir, au nom de tous les autres organismes, toutes les formes de renseignements concernant les voyageurs grâce à un gui- chet unique d’entrée des données ;

Accroître la valeur ajoutée des RPCV en s’efforçant d’instituer un recoupement automatique de ces renseignements avec les listes nationales, régionales et internationales de surveillance, en particu- lier avec les bases de données d’Interpol et les listes de sanctions de l’ONU ;

5. Fournir une assistance en vue d’aider d’autres États participants demandeurs à mettre en place un système de RPCV ;

Nous chargeons les structures exécutives de l’OSCE, dans la limite de leurs mandats respectifs et des ressources dont elles disposent :

6. D’appuyer les efforts mondiaux visant à sensibiliser aux prescriptions des résolutions 2178 (2014) et 2309 (2016) du Conseil de sécurité des Nations Unies sur les renseignements préalables concernant les voyageurs et en déterminant les besoins d’assistance technique des États participants deman- deurs ainsi que l’assistance que pourraient fournir des donateurs pour le renforcement des capacités ;

386 6.4.4 Extradition et poursuites judiciaires contre les personnes impliquées dans des actes de terrorisme

7. D’apporter un soutien aux États participants demandeurs pour la mise en place de systèmes de RPCV, en coopération avec les organisations internationales et régionales compétentes.

Hambourg 2016 (Déclaration ministérielle sur le renforcement des efforts de l’OSCE en matière de prévention et de lutte contre le terrorisme) (…)

8. Nous insistons sur l’importance cruciale de l’échange d’informations, en particulier dans les domaines des combattants terroristes étrangers, des documents de voyage volés ou perdus, des armes à feu et des biens culturels pillés ou volés, tels que les antiquités, et encourageons tous les États à utiliser pleinement les mécanismes et les systèmes d’échange de données disponibles aux niveaux multilatéral et bilatéral.

9. Nous soulignons l’importance de la coopération entre les États participants de l’OSCE, notam- ment avec la participation, selon qu’il conviendra, de la société civile, pour prévenir et combattre le terrorisme. Nous soulignons aussi le rôle important que la société civile, en particulier les jeunes, les familles, les femmes, les victimes du terrorisme, les dirigeants religieux, culturels et pédago- giques, ainsi que les médias et le secteur privé peuvent jouer dans la prévention de l’extrémisme violent et de la radicalisation qui conduisent au terrorisme, entre autres en luttant contre les mes- sages terroristes et extrémistes violents et en proposant des alternatives à ces discours, y compris sur l’Internet et sur les médias sociaux et autres. Nous encourageons les dirigeants politiques et les personnalités publiques, y compris de la société civile, ainsi que les dirigeants religieux, à dénoncer vigoureusement et rapidement l’extrémisme violent et la radicalisation qui conduisent au terrorisme.

6.4.4 Extradition et poursuites judiciaires contre les personnes impliquées dans des actes de terrorisme

Vienna 1989 (Questions relatives à la sécurité en Europe : Principes)

(10) (...) les États participants expriment leur intention (...) (10.5) – d’assurer l’extradition ou la poursuite en justice de personnes impliquées dans des actes de terrorisme et de coopérer étroitement lorsqu’il y a conflit de compétence entre plusieurs États concernés, en agissant dans ces deux cas conformément aux accords internationaux pertinents ;

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

6. Les États participants (…) prendront en particulier des mesures pour satisfaire à leurs obliga- tions au titre des accords internationaux

Bucarest 2001 (Annexe à la décision 1/01 sur la lutte contre le terrorisme : Plan d’action de Bucarest pour lutter contre le terrorisme)

19. Appui à l’application de la loi et lutte contre la criminalité organisée : États participants : (…) Ils se prêteront mutuellement la plus grande assistance en fournissant des informations lors des 6 enquêtes criminelles ou des procédures d’extradition pénale relatives aux actes terroristes, confor- mément à leur droit national et à leurs obligations internationales.

387 6.4.4 Extradition et poursuites judiciaires contre les personnes impliquées dans des actes de terrorisme

Porto 2002 (Charte de l’OSCE sur la prévention et la lutte contre le terrorisme)

Les États participants de l’OSCE, résolus à lutter en commun contre le terrorisme, (...)

10. Prendront les mesures appropriées afin de s’assurer que le droit d’asile ne soit pas octroyé à toute personne ayant organisé ou facilité la perpétration d’actes de terrorisme ou y ayant participé, confor- mément aux dispositions pertinentes de leur législation nationale et du droit international (...) (…)

Ljubljana 2005 (Décision 4/05 sur le renforcement de la coopération en matière pénale pour lutter contre le terrorisme)

Le Conseil ministériel,

Résolu à renforcer les activités de l’OSCE dans le domaine de la lutte contre le terrorisme confor- mément au droit international et dans le respect des engagements existants de l’OSCE,

Rappelant les résolutions 1373 (2001), 1566 (2004) et 1624 (2005) du Conseil de sécurité des Nations Unies, par lesquelles tous les États sont appelés à devenir parties, dès que possible, aux conven- tions et protocoles internationaux pertinents relatifs au terrorisme, et à coopérer sans réserve à la lutte contre le terrorisme, ainsi que les engagements existants de l’OSCE en matière de lutte contre le terrorisme,

Rappelant également la résolution 1631 (2005) du Conseil de sécurité des Nations Unies, par laquelle il est notamment demandé instamment « à toutes les organisations régionales et sous-régionales de lutter plus efficacement contre le terrorisme dans le cadre de leurs mandats respectifs, notam- ment en renforçant leur capacité d’aider les États Membres dans les efforts qu’ils déploient pour faire face aux menaces contre la paix et la sécurité internationales que font peser les actes de terrorisme »,

Saluant l’action menée par l’Organisation des Nations Unies pour achever, le plus rapidement pos- sible, le projet de convention générale sur le terrorisme,

Reconnaissant que les conventions et protocoles susmentionnés représentent un régime juridique universel contre le terrorisme et que, faute de traités bilatéraux sur l’entraide mutuelle et l’extra- dition, ils pourraient, en même temps que la Convention des Nations Unies contre la crimina- lité transnationale organisée (Convention de Palerme) servir de base à la coopération juridique, (…)

Décide que les États participants devraient coopérer activement et pleinement entre eux, conformé- ment aux règles applicables au titre du droit national et international, aux efforts visant à retrouver

388 6.4.4 Extradition et poursuites judiciaires contre les personnes impliquées dans des actes de terrorisme

et traduire en justice les auteurs, organisateurs, sympathisants et commanditaires des actes de ter- rorisme, conformément au principe « extrader ou juger » ; (…)

Prie le Secrétaire général d’organiser à l’intention des États participants qui en font la demande, en étroite coopération avec l’ONUDC, des ateliers nationaux de formation des juges et des magis- trats sur des questions relatives à l’extradition et à l’assistance judiciaire en matière pénale, en par- ticulier celles relatives au terrorisme.

Bruxelles 2006 (Déclaration ministérielle de Bruxelles sur le soutien et la promotion du cadre juridique international contre le terrorisme) (…)

Madrid 2007 (Déclaration ministérielle sur la soutien à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies) (…)

13. Les États participants coopéreront pleinement à la lutte contre le terrorisme, conformément à leurs obligations en vertu du droit international, pour découvrir, priver d’asile et traduire en jus- tice, par voie d’ extradition ou de poursuites, quiconque aide ou facilite le financement, la planifi- cation, la préparation ou la commission d’actes de terrorisme ou qui tente de le faire ou qui offre l’asile à de tels individus. Les États participants prendront des mesures appropriées, conformément aux dispositions pertinentes de leur législation nationale et du droit international, y compris les normes internationales relatives aux droits de l’homme, afin de s’assurer, avant d’octroyer le statut de réfugié, que les demandeurs d’asile n’ont pas organisé ou facilité la perpétration d’actes de ter- rorisme et n’y ont pas participé. Ils veilleront, conformément au droit international, à ce que les auteurs ou les organisateurs d’actes de terrorisme ou ceux qui facilitent de tels actes ne détournent pas à leur profit le statut de réfugié, et à ce que la revendication de motivations politiques ne soit pas considérée comme pouvant justifier le rejet de demandes d’extradition de terroristes présumés ; (…)

Athènes 2009 (Décision n° 3/09 relative à des mesures additionnelles pour soutenir et promouvoir le cadre juridique international contre le terrorisme)

Le Conseil ministériel (...), 6 Reconnaissant la nécessité de mettre en œuvre les dispositions afférentes aux délits des conven- tions et protocoles universels contre le terrorisme dans la législation nationale pénale et, s’il y a lieu,

389 6.4.5 Lutte contre l’utilisation d’Internet à des fins terroristes

Reconnaissant également que les États participants de l’OSCE peuvent avoir besoin d’une assis- tance technique dans les efforts qu’ils déploient en ce qui concerne ce qui précède, (…)

Hambourg 2016 (Déclaration ministérielle sur le renforcement des efforts de l’OSCE en matière de prévention et de lutte contre le terrorisme) (…)

6.4.5 Lutte contre l’utilisation d’Internet à des fins terroristes

Sofia 2004 (Décision n° 3/04 sur la lutte contre l’utilisation d’Internet à des fins terroristes)

Le Conseil ministériel,

(...) Préoccupé par l’ampleur de l’utilisation d’Internet par des organisations terroristes : • Pour identifier et recruter des membres potentiels, • Pour collecter et transférer des fonds, • Pour organiser des actes terroristes, • Pour inciter à commettre des actes terroristes, en particulier par l’utilisation de la propagande,

Décide que les États participants échangeront des informations sur l’utilisation d’Internet à des fins terroristes et identifieront des stratégies possibles de lutte contre cette menace (...)

Bruxelles 2006 (Décision no 7/06 sur la lutte contre l’utilisation d’Internet à des fins terroristes)

Le Conseil ministériel (...),

Restant vivement préoccupé par l’utilisation croissante d’Internet à des fins terroristes (...)

390 6.4.5 Lutte contre l’utilisation d’Internet à des fins terroristes

Réaffirmant dans ce contexte qu’il est important de respecter pleinement le droit à la liberté d’opi- nion et d’expression, lequel englobe la liberté de rechercher, de recevoir et de communiquer des informations, qui sont vitales pour la démocratie et sont d’ailleurs renforcées par l’Internet (...) et l’état de droit,

Sachant que la résolution 1624 (2005) du Conseil de sécurité des Nations Unies appelle les États à adopter toutes mesures nécessaires et appropriées et conformes aux obligations qui leur incombent en vertu du droit international, pour interdire par la loi l’incitation à commettre des actes de ter- rorisme et empêcher toute incitation à commettre de tels actes,

Réaffirmant nos engagements au titre de la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies, en particulier « de coordonner les efforts aux niveaux international et régional afin de contrer le terrorisme sous toutes ses formes et dans toutes ses manifestations sur l’Internet » et « d’utiliser l’Internet comme un outil pour faire échec au terrorisme, tout en reconnaissant que les États pourront avoir besoin d’une assistance à cet égard », (…)

Rappelant la Convention du Conseil de l’Europe sur la cybercriminalité (2001), seul et unique ins- trument multilatéral juridiquement contraignant, qui traite spécifiquement de la cybercrimina- lité, notamment en fournissant un cadre juridique commun pour la coopération internationale entre les États parties à la Convention pour lutter contre la cybercriminalité, et son Protocole addi- tionnel relatif à l’incrimination d’actes de nature raciste et xénophobe commis par le biais de sys- tèmes informatiques,

Saluant l’engagement pris par le Sommet du G8 (Saint-Pétersbourg, Fédération de Russie, 16 juillet 2006) de s’opposer efficacement aux tentatives d’utilisation abusive du cyberespace à des fins ter- roristes, y compris l’incitation à commettre des actes terroristes, à communiquer et planifier des actes terroristes, ainsi que le recrutement et l’entrainement de terroristes, et notant en particulier le rôle du réseau 24/7 sur la criminalité informatique établi par le G8 pour contrer le comporte- ment délictueux dans le cyberespace, (…)

Prenant en considération les différentes approches nationales d’une définition d’un contenu « illé- gal » et « répréhensible » ainsi que les différentes suites qui y sont données, allant notamment de l’uti- lisation possible de renseignements recueillis par l’analyse du trafic et du contenu d’Internet à la fermeture de sites Internet des organisations terroristes et de ceux qui les soutiennent,

Préoccupé par les attaques continues de pirates, qui bien qu’elles ne soient pas liées au terrorisme, n’en témoignent pas moins qu’il existe actuellement des experts dans ce domaine et offrent de ce fait un risque de cyberattaques terroristes contre les systèmes informatiques, touchant les activités des infrastructures sensibles, des institutions financières ou d’autres réseaux vitaux,

1. Décide d’intensifier l’action de l’OSCE et de ses États participants, notamment en renforçant la coopération internationale pour contrer l’utilisation de l’Internet à des fins terroristes ;

2. Appelle les États participants à envisager de prendre toutes les mesures appropriées pour protéger les infrastructures et réseaux vitaux d’informations sensibles contre la menace de cyberattaques ; 6 3. Appelle les États participants à envisager de devenir parties aux instruments juridiques régio- naux et internationaux existants, notamment aux Conventions du Conseil de l’Europe sur

391 6.4.5 Lutte contre l’utilisation d’Internet à des fins terroristes

la cybercriminalité (2001) et pour la prévention du terrorisme (2005) et à mettre en œuvre leurs obligations relevant de ces instruments ;

4. Encourage les États participants à s’associer au réseau 24/7, établi par le G8, et à désigner une personne ou unité de contact appropriée pour ce réseau afin de rationaliser la coopération interna- tionale entre les services de répression pour contrer l’utilisation abusive du cyberespace à des fins criminelles et, le cas échéant, dans les affaires pénales qui impliquent des preuves électroniques ;

5. Appelle les États participants, auxquels il serait demandé d’intenter une action contre un contenu relevant de leur juridiction et illégal en vertu de leur propre législation, à prendre toutes les mesures appropriées contre un tel contenu et à coopérer avec d’autres États intéressés, dans le respect de leur législation nationale et de l’état de droit, et conformément à leurs obligations internatio- nales, notamment celles relatives aux droits de l’homme ;

6. Invite les États participants à renforcer leur surveillance des sites Internet des organisations ter- roristes/extrémistes violentes et de ceux qui les soutiennent et à accroitre leurs échanges d’infor- mation au sein de l’OSCE et d’autres instances pertinentes sur l’utilisation de l’Internet à des fins terroristes ainsi que sur les mesures prises pour la contrecarrer, conformément à l’état de droit et à leur législation nationale, tout en assurant le respect des obligations et des normes internatio- nales en matière de droits de l’homme, notamment celles concernant les droits à la vie privée et à la liberté d’opinion et d’expression. Les redondances avec les activités en cours dans d’autres ins- tances internationales devraient être évitées ;

7. Recommande aux États participants d’envisager la possibilité d’un engagement plus actif de la part des institutions de la société civile et du secteur privé pour prévenir et contrer l’utilisation de l’Internet à des fins terroristes ; (…)

9. Charge le Secrétaire général de promouvoir, en particulier par l’intermédiaire du Réseau contre-terrorisme de l’OSCE, l’échange d’informations sur la menace que constitue l’utilisation de l’Internet à des fins terroristes, notamment l’incitation, le recrutement, la collecte de fonds, l’entraînement, et la planification ciblée d’actes terroristes, ainsi que sur des mesures législatives et autres prises pour contrer cette menace.

Madrid 2007 (Déclaration ministérielle sur la soutien à la Stratégie antiterroriste mondiale de l’Organisation des Nations Unies) (…)

14. Demeurant gravement préoccupés par l’utilisation de l’Internet à des fins terroristes, les États participants continueront d’échanger des informations concernant cette menace, et prendront d’autres mesures conformément à la Décision N° 7/06 du Conseil ministériel sur la lutte contre l’utilisation de l’Internet à des fins terroristes ; (…)

392 6.5 Combattre les risques d’utilisation abusive des technologies de l’information et de la communication (TIC)

Belgrade 2015 (Déclaration ministérielle sur la prévention et la lutte contre l’extrémisme violent et la radicalisation qui conduisent au terrorisme) (…)

6.5 Combattre les risques d’utilisation abusive des technologies de l’information et de la communication (TIC)

Hambourg 2016 (Décision N° 5/16 on Efforts de l’OSCE liés à la réduction des risques de conflit découlant de l’utilisation des technologies de l’information et des communications) (…)

Le Conseil ministériel (...),

Réaffirmant que les efforts déployés par les États participants de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications seront conformes au droit international, y compris, entre autres, la Charte des Nations Unies et le Pacte international relatif aux droits civils et politiques ; l’Acte final de Helsinki ; et leurs responsabilités en matière de respect des droits de l’homme et des libertés fondamentales, (…)

9. Se félicite des travaux entrepris par la Présidence allemande de l’OSCE de 2016 en vue de déter- miner comment les efforts déployés par l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications peuvent être rendus plus efficaces et intensifiés afin de promouvoir un environnement ouvert, sûr, stable, accessible et paci- fique pour les technologies de l’information et des communications conformément aux engage- ments de l’OSCE en la matière ; (…)

10. Souligne que les activités ultérieures de l’OSCE visant à réduire les risques de conflit décou- lant de l’utilisation des technologies de l’information et des communications, y compris celles des structures exécutives compétentes de l’Organisation, devraient s’appuyer sur les efforts en cours à l’OSCE, être conformes aux mandats respectifs et aux engagements de l’OSCE, compléter les efforts déployés par l’Organisation des Nations Unies, les enceintes internationales et autres enceintes régionales, et être organisées dans la limite des ressources disponibles ; 6

393 6.5 Combattre les risques d’utilisation abusive des technologies de l’information et de la communication (TIC)

Vienne 2017 (Décision N° 5/17 sur les efforts de l’OSCE visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications)

Le Conseil ministériel (...),

Prenant note des immenses possibilités qu’offrent les technologies de l’information et des com- munications pour le développement social et économique et du fait qu’elles continuent de gagner en importance pour la communauté internationale,

Considérant que les États participants de l’OSCE tirent profit d’un environnement de technologies de l’information et des communications ouvert, sûr, stable, accessible et pacifique,

Exprimant sa préoccupation devant la multiplication des incidents sérieux impliquant l’utilisa- tion malveillante des technologies de l’information et des communications, et soulignant que ces tendances négatives recèlent des risques en matière de sécurité pour tous les États participants de l’OSCE et leurs citoyens, et pour les secteurs public et privé, (...)

Conscient de la nécessité d’intensifier encore les efforts de l’OSCE visant à continuer de renforcer la confiance et de réduire les risques de conflit découlant de l’utilisation des technologies de l’in- formation et des communications,

Décide :

1. De continuer d’appliquer toutes les décisions relatives aux mesures de renforcement de la confiance adoptées par l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications afin de contribuer à un environnement de technologies de l’information et des communications ouvert, sûr, stable, accessible et pacifique conformément aux engagements de l’Organisation ;

2. De déterminer des moyens de renforcer et d’optimiser les activités de l’OSCE en tant que plate- forme pratique pour réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications, tout en poursuivant les travaux du Groupe de travail transdimensionnel informel créé conformément à la Décision no 1039 du Conseil permanent ;

3. D’encourager les structures exécutives de l’OSCE, dans les limites de leurs mandats et des res- sources disponibles, à aider les États participants, à leur demande, dans l’application des mesures de confiance de l’OSCE pour réduire les risques de conflit découlant de l’utilisation des technolo- gies de l’information et des communications, ainsi qu’à renforcer les capacités et processus natio- naux pertinents ;

4. D’inviter les partenaires de l’OSCE pour la coopération à intensifier le dialogue sur les efforts visant à réduire les risques de conflit découlant de l’utilisation des technologies de l’information et des communications.

394 6.5 Combattre les risques d’utilisation abusive des technologies de l’information et de la communication (TIC)

Milan 2018 (Décision n° 4/18 intitulée « prévenir et combattre la violence à l’égard des femmes ») (…)

Demande aux États participants : (…)

5. De prendre des mesures pour lutter contre la violence, les mauvais traitements, les menaces et le harcèlement, y compris par le biais des technologies numériques, dirigés contre les femmes ;

395 7. Engagements relatifs au droit international humanitaire 7. Engagements relatifs au droit international humanitaire

Helsinki 1992 (Décisions : VI. La dimension humaine)

Les États participants

(47) Rappellent que le droit humanitaire international est fondé sur la dignité inhérente à la per- sonne humaine ;

(48) Respecteront en toutes circonstances et feront respecter le droit humanitaire international, y compris la protection de la population civile ;

(49) Rappellent que les auteurs de violations du droit humanitaire international sont tenus pour personnellement responsables ;

(50) Reconnaissent le rôle essentiel que joue le Comité international de la Croix-Rouge pour pro- mouvoir l’application et l’élaboration du droit humanitaire international, y compris des Conven- tions de Genève et de leurs Protocoles applicables ;

(51) Réaffirment l’engagement qu’ils ont pris de soutenir sans réserve le Comité international de la Croix-Rouge, ainsi que les sociétés de la Croix-Rouge et du Croissant-Rouge, et les organi- sations du système des Nations Unies, particulièrement en période de conflit armé, de respecter leurs emblèmes protecteurs, de prévenir l’utilisation abusive de ces emblèmes et, le cas échéant, de prendre toutes les mesures visant à assurer l’accès aux zones concernées ;

(52) S’engagent à remplir le devoir qui leur incombe d’enseigner les obligations découlant du droit humanitaire international et de diffuser les informations s’y rapportant.

Stockholm 1992 (Décisions : 2. La CSCE en tant que communauté de valeurs)

Le problème de plus en plus grave des réfugiés et des personnes déplacées préoccupe au plus haut point tous les États participants, en particulier dans le contexte de conflits qui mettent en très grand danger la satisfaction des besoins fondamentaux de l’homme. Les ministres ont déploré la situa- tion critique des populations civiles les plus touchées par de tels conflits et ont exhorté tous les États participants à participer à un effort concerté pour partager le fardeau commun. Tous les gou- vernements sont responsables l’un envers l’autre de leur conduite à l’égard de leurs citoyens et de leurs voisins. Les auteurs de crimes et actes de guerre commis en violation du droit humanitaire international doivent être tenus pour personnellement responsables.

Rome 1993 (Décisions : X. Déclaration sur le nationalisme agressif, le racisme, le chauvinisme, la xénophobie et l’antisémitisme)

Budapest 1994 (Décisions : IV. Code de conduite relatif aux aspects politico-militaires de la sécurité)

29. Les États participants diffuseront largement dans leurs pays respectifs les dispositions du droit international humanitaire de la guerre. Ils traduiront, conformément à leur pratique nationale, leurs engagements à cet égard dans leurs programmes et règlements de formation militaire.

397 7 7. Engagements relatifs au droit international humanitaire

30. Chaque État participant fera en sorte que les membres de ses forces armées reçoivent une ins- truction concernant le droit international humanitaire ainsi que les règles, conventions et enga- gements y relatifs régissant les conflits armés et veillera à ce que les membres de ses forces armées Engagements relatifs au droit international humanitaire soient conscients qu’en vertu du droit national et international ils sont tenus individuellement responsables de leurs actes.

31. Les États participants veilleront à ce que les membres de leurs forces armées investis d’un pou- voir de commandement exercent leur autorité conformément au droit national et international et sachent qu’à ce double titre ils pourront être tenus individuellement responsables s’ils font un usage illégal de leur autorité et qu’ils ne sauraient donner des ordres contraires au droit national ou international. La responsabilité des supérieurs ne dégage pas les subordonnés de leurs propres responsabilités. (…)

34. Chaque État participant veillera à ce qu’en temps de paix comme en temps de guerre, ses forces armées soient commandées, pourvues en effectifs, entraînées et équipées conformément aux dis- positions du droit international et aux obligations et engagements qu’il a pu contracter concernant l’utilisation des forces armées en cas de conflit armé, notamment le cas échéant en vertu des Conven- tions de La Haye de 1907 et 1954, des Conventions de Genève de 1949 et des Protocoles addition- nels de 1977, ainsi que de la Convention de 1980 sur l’emploi de certaines armes conventionnelles.

35. Chaque État participant veillera à ce que sa politique et sa doctrine de défense soient conformes au droit international en matière d’utilisation des forces armées, y compris dans des conflits armés, et aux engagements pertinents du présent Code.

Budapest 1994 (Décisions : VIII. La dimension humaine)

33. Les États participants déplorent profondément les séries de violations flagrantes du droit inter- national humanitaire qui se sont produites dans la région de la CSCE ces dernières années et réaf- firment leur engagement à respecter et à faire respecter le droit international humanitaire général et en particulier les instruments internationaux pertinents, y compris les Conventions de Genève de 1949 et leurs Protocoles additionnels, auxquels ils sont parties.

34. Ils soulignent l’importance que pourrait avoir une déclaration sur les normes humanitaires minimales applicables dans toutes les situations et se déclarent prêts à participer activement à l’éla- boration d’un tel texte dans le cadre des Nations Unies. Ils s’engagent à assurer à leurs person- nels militaires une information et une formation adéquates en ce qui concerne les dispositions du droit international humanitaire et considèrent que les informations pertinentes devraient être rendues disponibles.

35. Ils se félicitent vivement du développement de la coopération entre la CSCE et le Comité interna- tional de la Croix-Rouge (CICR), en particulier dans le cas des missions de la CSCE ; ils constatent avec satisfaction que le CICR est disposé à approfondir encore cette coopération et s’engagent eux- mêmes à augmenter leur soutien au CICR, notamment en renforçant les contacts déjà établis entre les missions de la CSCE et les délégations du CICR sur le terrain.

398 7. Engagements relatifs au droit international humanitaire

Istanbul 1999 (Charte de sécurité européenne : III. Notre réponse commune)

22. Nous rejetons toute politique d’épuration ethnique ou d’expulsion massive. (...) Afin d’amélio- rer la protection des civils en temps de conflit, nous rechercherons les moyens de renforcer l’appli- cation du droit international humanitaire.

Sofia 2004 (Déclaration ministérielle sur le soixantième anniversaire de la fin de la Seconde Guerre mondiale)

(...) Nous condamnons toutes les formes de nettoyage ethnique. Nous confirmons notre adhésion à la Convention des Nations Unies pour la prévention et la répression du crime de génocide, adop- tée le 9 décembre 1948. Nous appelons les États participants à prendre toutes les mesures possibles pour veiller à prévenir toute tentative de génocide aujourd’hui et demain. Les auteurs de tels crimes devraient être traduits en justice.

Sofia 2004 (Décisions : Annexe à la Décision N° 14/04 ; Plan d’action de l’OSCE 2004 pour la promotion de l’égalité entre les sexes) • D’appuyer les efforts nationaux et internationaux visant à traduire en justice les auteurs de crimes à l’encontre de femmes qui sont reconnus en vertu des règles du droit international comme crimes de guerre ou crimes contre l’humanité (...)

Helsinki 2008 (Déclaration ministérielle à l’occasion du soixantième anniversaire de la convention pour la prévention et la répression du crime de génocide)

Nous, membres du Conseil ministériel de l’OSCE, marquons le soixantième anniversaire de la Convention pour la prévention et la répression du crime de génocide, qui a été adoptée par l’As- semblée générale des Nations Unies le 9 décembre 1948 (ci-après dénommée « la Convention »). (…)

Nous réaffirmons la portée de la Convention en tant qu’important instrument international pour la prévention et la répression du crime de génocide

Nous appelons les États participants qui ne l’ont pas encore fait à envisager de devenir parties à la Convention dans les meilleurs délais et à être intégrés à ce cadre mondial de prévention et de répression du crime de génocide. Nous appelons en outre les États Parties à accroître et intensifier leurs activités visant à mettre intégralement en œuvre leurs obligations au titre de la Convention.

Nous notons que l’Organisation des Nations Unies, en adoptant la Convention, a reconnu que le crime de génocide était un fléau odieux qui avait infligé de grandes pertes à l’humanité et s’était déclarée convaincue qu’une coopération internationale était nécessaire en vue de prendre rapide- ment des mesures préventives contre le crime de génocide et d’en faciliter la répression.

Nous reconnaissons que le génocide est l’un des crimes les plus graves en vertu du droit interna- tional, qui est condamné par la communauté internationale dans son ensemble et ne peut jamais se justifier.

399 7 Index

A Code de conduite relatif aux aspects politico- militaires de la sécurité 96, 117, 357, 359 abolition de la peine de mort — voir peine de mort; voir droit à la vie communications électroniques 156, 167 — voir aussi technologies de l’information anticorruption — voir corruption, lutte contre la et de la communication (TIC) antisémitisme XVIII, 52, 55, 58, 68, 73, 144, compensation, droit à une 130, 131, 326 194, 254, 256, 258, 259, 265, 281, 283 Conseil de l’Europe, coopération avec le 13, apatrides 168, 216, 262 39, 46, 47, 58, 200 arrestation arbitraire 119, 134, 136, 155 contacts humains IX, 142, 159, 161, 162, 165, asile — voir demandeurs d’asile 191, 192

Assemblée parlementaire de l’OSCE 28, 89 Convention européenne de sauvegarde des droits de l’homme et des libertés assimilation — voir droit des peuples à auto- fondamentales 12, 109, 125, 138 détermination; voir minorités nationales conviction, liberté de — voir liberté association, liberté d’ — voir liberté de pensée, de conscience, de religion ou d’association et de réunion pacifique de conviction autochtones — voir populations autochtones coopération autodétermination — voir droit des peuples Conseil de l’Europe 39, 58, 200 à autodétermination généralités 3, 4, 13, 14, 25, 28, 32, 42, 44, 48, 49, 57, 101, 105, 131, 171, 264 Nations Unies 9, 42, 54, 62, 72 B corruption, lutte contre la BIDDH (Bureau des institutions Convention des Nations Unies contre démocratiques et des droits la corruption 99, 103 de l’homme) XVII, XVIII, 16, 21, 35, 36, 37, généralités 98, 99, 102, 105, 112, 250 39, 41, 43, 44, 52, 54, 64, 89 création artistique — voir droits culturels/ Bureau des élections libres XVII, 36, 89, patrimoine culturel 183 — voir aussi BIDDH (Bureau des créativité — voir droits culturels/patrimoine institutions démocratiques et des droits culturel de l’homme) crime organisé Convention des Nations Unies contre C la criminalité transnationale Charte des Nations Unies 5, 6, 10, 11, 26, 86, organisée 294, 304, 341 121 généralités 72, 102, 229, 232, 346 citoyenneté 161, 162, 197, 269 — voir aussi crimes de haine XIII, XVIII, 13, 54, 56, 57, 58, nationalité; voir aussi minorités nationales 59, 184, 194, 213, 253, 259, 260, 261, 264, 272

400 Index

D créativité 158 généralités 158, 174, 176, 278 Déclaration universelle des droits minorités nationales 142, 176, 188, 190 de homme 12, 78, 128 Pacte international relatif aux droits défenseurs des droits de l’homme 30, 34 économiques, sociaux et culturels 108 vie intellectuelle 93, 159, 175 demandeurs d’asile 219, 257, 258, 389 droits de l’homme — voir défenseurs des démocratie XII–XIV, 3, 4, 7, 85, 108, 154 droits de l’homme; voir Convention — voir aussi élections; voir aussi institu- européenne de sauvegarde des droits tions démocratiques; voir aussi État de de l’homme et des libertés fondamentales droit droits des femmes — voir femmes; voir genre déportation de masse 254 droits économiques et sociaux dérogations aux obligations 80 droit de grève 145, 172 détention arbitraire 119, 130, 132, 134, 136, droits des travailleurs 85, 144, 145, 172, 155 222, 223 emploi 48, 161, 171, 173, 197, 204, 209, 249, dimension humaine — voir mécanismes de la 269 dimension humaine; voir mise en œuvre généralités 169, 170 des engagements logement 48, 161, 197, 204, 208, 269 discrimination — voir tolérance et Pacte international relatif aux droits non‑discrimination économiques, sociaux et culturels 108 protection sociale 162, 171, 197, 249, 269 données personnelles — voir protection Roms et Sintis 48, 49, 208 des données personnelles santé 53, 171, 204, 210 droit à la vie 124, 125, 128, 365, 377 soins médicaux 197, 269 droit d’asile 218, 339, 388 droits innés 9, 12, 14, 85, 128, 397 droit de connaître ses droits XI, 30 droit des femmes — voir égalité des sexes E droit des peuples à autodétermination 83 éducation accès 69, 95, 171, 176, 189, 191, 204, 205, droit humanitaire — voir droit international 229 humanitaire droits de l’homme 11, 12, 13, 30, 43, 56, 93 droit international égalité entre les sexes 59, 235, 251 dérogations aux obligations 78 électeurs 53 obligations XIII, XV, 9, 78, 85, 108, 121, 129, Holocauste 283, 285 157, 162, 165 jeunes 106, 234, 286 principes IX, XIV, 7, 166 religion 141, 142, 144, 188 Roms et Sintis 48, 51, 57, 58, 204, 205, 206, droit international humanitaire 207 Convention de Genève 132 tolérance 59 généralités IX, XII, 42, 218, 254, 397 torture 126, 127, 132 droits civils et politiques égalité des droits 83, 180, 183, 221, 242, 244, généralités XII, 124 245, 251, 298 — voir aussi égalité des sexes Pacte international relatif aux droits civils et politiques XVI, 12, 78, 108, 124, 138, égalité des sexes 59, 60, 94, 112, 118, 242, 393 244, 246, 248 droits culturels/patrimoine culturel égalité hommes-femmes — voir femmes; voir création artistique 158, 159, 175 égalité des sexes

401 Index

élections XVII, 16, 36, 37, 44, 46, 60, 88, Convention sur l’élimination de toutes les 95, 156 — voir aussi BIDDH (Bureau des formes de discrimination à l’égard des institutions démocratiques et des droits femme 245 de l’homme) égalité des sexes 51, 59, 70, 112, 204, 206, 235, 242, 244, 245 emploi — voir droits économiques et sociaux participation à la vie poliltique 54, 59, 60, emprisonnement arbitraire XII 70, 74, 94, 155, 204, 247 sécurité 155 enfants — voir aussi jeunes/jeunesse; voir statut de réfugié 219 aussi violence, lutte contre la Convention contre la criminalité formation professionnelle 48, 121, 177, 209, organisée 341 221, 235, 252, 272, 307 Convention relative aux droits de l’enfant 228, 229, 293, 302, 309 exploitation sexuelle 322, 324 G généralités 133, 228 génocide Organisation internationale du travail 231, Convention contre le génocide 258, 268, 316 283, 285, 399 traite 311, 322, 334 généralités 399 esclavage 125, 128, 304, 308, 317 genre — voir aussi femmes; voir aussi État de droit XIII, XIV, 3, 4, 7, 85, 238, 376 violence, lutte contre la; voir aussi — voir aussi justice; voir aussi droit exploitation sexuelle international Convention sur l’élimination de toutes les formes de discrimination à l’égard des état d’urgence publique 78, 126 femmes 130, 248, 293 États — voir intégrité territoriale des États; lutte contre la corruption 107, 253 voir expansionnisme territorial lutte contre la torture 130, 301 lutte contre la traite 250 exil arbitraire 119, 134, 155 lutte contre la violence 130, 292 expansionnisme territorial 51, 254 Plan d’action de l’OSCE pour la promotion de l’égalité entre les sexes 59, 70, 74, 243, exploitation sexuelle 244, 246, 292 enfants 24, 229, 230, 294, 310, 320, 322, prévention de l’exploitation sexuelle 292 329 femmes 243, 292, 299 grève, droit de 145, 172 — voir aussi liberté missions internationales 312 d’association et de réunion pacifique traite 302, 304, 308, 322, 335 expression, liberté d’ — voir liberté H d’expression, médias et presse libres haine — voir crimes de haine extrémisme 4, 29, 68, 73, 234, 238, 256, 260, handicap, personnes en situation de 227, 235 262, 263, 381, 384 Haut-Commissaire des Nations Unies aux droits de l’homme XVIII F Haut-Commissaire pour les minorités famille — voir vie de famille, respect de la; nationales XVIII, 35, 39, 47, 52, 54, 64, 68, voir regroupement familial 70, 74, 184 femmes — voir aussi violence, lutte contre Holocauste 56, 59, 205, 258, 283 la; voir aussi genre; voir aussi exploitation sexuelle

402 Index

I liberté de mouvement 159, 161, 162, 165, 166 impartialité — voir indépendance du système liberté de pensée, de conscience, de religion judiciaire ou de conviction 13, 52, 56, 57, 93, 140, 142, 143, 146, 188, 189, 255, 256, 265 indépendance du système judiciaire 31, 93, 111, 113, 114, 136 liberté d’expression, médias et presse libres 31, 35, 52, 58, 70, 71, 74, 86, 88, 93, information, liberté d’ — voir libre 146, 149, 153, 154, 155, 157, 158, 188, 191 circulation de l’information libre circulation de l’information 148, 154, institutions démocratiques 155, 166, 182, 187 généralités XV, 4, 39, 85, 92, 95, 175, 186, 201 logement — voir droits économiques mise en oeuvre des obligations 25 et sociaux intégrité territoriale des États XII, 83 lutte contre la torture — voir torture, lutte contre la Internet accès 107, 288 lutte contre la traite des êtres humains — voir et corruption 106 traite des êtres humains, lutte contre la et exploitation sexuelle 229, 232, 233, 323 lutte contre la violence — voir violence, lutte et terrorisme 377, 387, 390 contre la et tolérance 58, 73, 258, 259, 262, 286, 289 lutte contre le terrorisme — voir terrorisme, intolérance — voir xénophobie; voir racisme; lutte contre le voir musulmans, intolérance envers les; voir antisémitisme islamophobie — voir musulmans, intolérance M envers les manifestation, droit de — voir liberté d’association et de réunion pacifique; voir droits civils et politiques J Mécanisme de Moscou XVII, 22 jeunes/jeunesse 13, 14, 51, 106, 204, 208, 210, 233, 234, 235, 281, 286, 294 — voir aussi Mécanisme de Vienne XVII, 17 enfants mécanismes de la dimension humaine journalistes 49, 149, 150, 151, 152, 154, 155 généralités XVI, XVII, 17, 40, 131 — voir aussi droits économiques et sociaux Mécanisme de Moscou 18 Mécanisme de Vienne 17 jugement équitable — voir procès équitable, mécanismes divers 25 droit à un Réseau contre-terrorisme 23 justice — voir aussi indépendance du système médiateurs et institutions nationales pour les judiciaire; voir aussi droits économiques droits de homme 52, 60, 62, 97, 261 et sociaux administration de la justice 43, 116, 121, 131 menaces pour la sécurité humaine XII, XIII, 5, 78, 171, 255, 256, 292, 364

L migrants — voir migrations; voir retour des migrants; voir travailleurs migrants liberté — voir liberté de mouvement; voir liberté d’association et de réunion migrations XII — voir aussi liberté pacifique de mouvement

liberté d’association et de réunion minorités nationales — voir aussi droit des pacifique 31, 37, 93, 143, 144, 146, 172 peuples à autodétermination

403 Index

Convention-cadre XIV patrimoine culturel — voir droits culturels/ généralités IX, 95, 142, 180, 184, 186, 187, patrimoine culturel 188 peine alternative 238 Haut Comissariat 64 protection XIV, 4, 180, 182, 190, 254 peine cruelle ou dégradante — voir torture, lutte contre la mise en œuvre des engagements — voir aussi mécanismes de la dimension humaine peine de mort 124, 125, 130, 239 — voir aussi généralités XVII, 6, 14, 40, 110, 157, 257, droit à la vie 285 persécution 292 méthodes IX, 11, 17, 32, 39, 70, 91, 190, 235 partenaires XIII, 25, 27, 35, 54 personnel des forces armées 236 mouvement, liberté de — voir liberté personnes déplacées 216, 218 de mouvement personnes en détention — voir aussi prison multiculturalisme 72, 280, 359 Convention sur le transfèrement des personnes condamnées 237 musulmans, intolérance envers les XVIII, 55, généralités 119, 125, 126, 132, 134, 237 144, 256, 259, 267 Règles sur le traitement des détenus 239 pluralisme politique 85, 145, 170, 180 — voir N aussi démocratie nationalisme agressif 52, 68, 73, 142, 254, Point de contact pour les questions relatives 255, 261, 262 aux Roms et aux Sintis (0) — voir Roms nationalité 168 — voir aussi minorités et SintisPoint de contact pour les questions nationales relatives aux Roms et aux Sintis

Nations Unies, coopération avec les 9, 13, 42, populations autochtones 216 54, 56, 72 — voir aussi Charte des Nations poursuites judiciaires 326, 342, 387 Unies pratiques médicales arbitraires 125 non-applicabilité du principe de non- intervention XIV préjugés 13, 58, 199, 201, 206, 211, 212, 214, 253 présomption d’innocence — voir procès O équitable, droit à un objection de conscience 139 presse, liberté de — voir liberté d’expression, obligation de mise en œuvre XIV, XV, XVIII, médias et presse libres 9, 129 principe de non-intervention XIV obligations du droit international — voir principe d’universalité XIV droit international prison 237, 238, 239, 381, 384 — voir aussi ONG (organisations non- arrestation arbitraire; voir aussi personnes gouvernementales) XVIII, 13, 30, 31, 32, 33, en détention; voir aussi torture, lutte contre 34, 42, 46, 47, 53, 54, 97, 98, 145, 193, 230, la 260 procédure pénale 63, 132, 136, 233, 332, 343 — voir aussi procès équitable, droit à un P procès équitable, droit à un 110, 112, 114, parité hommes femmes — voir femmes; voir 116, 135, 136, 137, 139 égalité des sexes propriété, droit de 168, 208 partis politiques 37, 88, 93, 94, 145, 193, 248

404 Index

propriété intellectuelle 159 Point de contact pour les questions relatives aux Roms et aux Sintis XVIII, prostitution — voir exploitation sexuelle 46, 50, 51, 195, 198 protection des données personnelles 230, 273 protection sociale — voir droits économiques S et sociaux santé — voir droits économiques et sociaux sécurité humaine — voir menaces pour R la sécurité humaine racisme XVIII, 13, 47, 52, 54, 55, 68, 69, 73, sécurité sociale — voir droits économiques 184, 194, 197, 210, 211, 212, 214, 254 et sociaux radicalisation — voir extrémisme; voir séjour, liberté de — voir liberté terrorisme, lutte contre le de mouvement recours efficace, droit à un 31, 112, 133, 136, séparation des pouvoirs — voir démocratie 137, 138, 139, 164, 173, 183, 197, 213, 239, 269, 294, 332, 345 service militaire — voir objection de conscience réfugiés Convention relative au statut des société civile 14, 34, 35, 56, 58, 59, 62, réfugiés 217, 218, 219, 293, 360, 380 86, 91, 101, 104, 131, 133, 261 — voir femmes 219 aussi défenseurs des droits de l’homme; généralités XII, 216, 219, 258, 262, 293, 389 voir aussi ONG (organisations non- non-refoulement 339 gouvernementales) regroupement familial 159, 160, 162, 221, 222 société démocratique 34, 154 — voir — voir aussi vie de famille, respect de la démocratie; voir aussi droits civils et politiques religion, liberté de — voir liberté de pensée, de conscience, de religion ou de conviction soins médicaux 49, 53, 120, 209, 238 — voir aussi droits économiques et sociaux Représentant pour la liberté des médias XVIII, 35, 51–54, 70, 154, 158 syndicats 32, 93, 144, 145, 172, 193 Représentant spécial pour la lutte contre système judiciaire — voir indépendance du la traite des êtres humains 75, 76 système judiciaire Réseau contre-terrorisme 23, 24 restrictions légitimes XV, 78 T retour des migrants 216 technologies de l’information et de la communication (TIC) 30, 72, 106, 155, réunion, liberté de — voir liberté 156, 157, 177, 229, 323, 395 d’association et de réunion pacifique terrorisme, lutte contre le Roms et Sintis — voir aussi minorités Charte de l’OSCE sur la prévention et la nationales lutte contre le terrorisme 287, 361 droits économiques et sociaux 208 Convention internationale pour éducation 13, 205 la répression des actes de terrorisme généralités 70, 184, 195 nucélaire 63 participation à la vie politique 51, 54, 70, généralités XVIII, 62, 64, 101, 176, 234, 238, 204 260, 355, 358, 361, 363, 374, 376, 381, 384 Plan d’action visant à améliorer la situation Plan d’action de Bucarest pour lutter des Roms et des Sintis 52, 57, 58, 196, contre le terrorisme 62, 72 198, 199, 200, 201, 203, 206 Réseau contre-terrorisme 24

405 Index

Unité d’action contre le terrorisme 23, 24 tolérance et non-discrimination Convention sur l’élimination formes de discrimination femmes 245 Convention sur l’élimination de toutes les formes de discrimination raciale 211, 268 élections 88 généralités IX, XVIII, 57, 68, 141, 143, 241, 253, 254, 255, 256, 262, 276 Haut-Commissariat 69 législation 47, 263, 267, 268 médias 73, 74, 287 minorités nationales 180, 193 Roms et Sintis 51, 195, 197, 210 torture, lutte contre la Comité des Nations Unies contre la torture 133 Convention contre la torture 119, 126, 127, 128, 131, 132 généralités 78, 125, 126, 127, 239 peines et traitements cruels 125, 128 traite des êtres humains, lutte contre la — voir aussi torture, lutte aussi exploitation sexuelle Convention du Conseil de l’Europe 294 enfants 229, 230, 233, 309 généralités XII, 61, 172, 302, 304 Plan d’action de l’OSCE pour lutter contre la traite des êtres humains 61, 75, 306, 310, 319, 326, 342 prévention 47, 60, 104, 316, 320 Protocole addtionnel 304 Protocole contre le trafic illicite de migrants par terre, air Représentant spécial pour la traite des êtres humains 75 traitement cruel ou dégradant — voir torture, lutte contre la travail — voir droits économiques et sociaux travail forcé 85, 172, 304, 308, 312, 322 de toutes les travailleurs migrants 220, 259, 262, 282 à l’égard des — voir aussi droits économiques et sociaux tribunal indépendant — voir indépendance du système judiciaire Tziganes — voir Roms et Sintis 13, 29, 43, 52, 54, 55, U Union européenne, coopération avec 58, 200 universalité des droits de l’homme — voir Déclaration universelle des droits de homme; voir droits innés urgence publique — voir état d’urgence publique V vie de famille, respect de la 160, 161, 163, 167, 221 — voir aussi regroupement familial vie intellectuelle — voir droits culturels/ patrimoine culturel contre la; voir vie privée, respect de la 93, 155, 156, 167 violence, lutte contre la enfants 229, 296 femmes 59, 130, 212, 243, 251, 292, 294, 296, 299 généralités 56, 58, 154, 155, 157, 292, 296, 297 minorités 186, 224 religion 142, 143, 144 Roms et Sintis 58, 199, 212 et mer 304 la lutte contre X xénophobie 13, 52, 55, 68, 73, 184, 194, 254

406

OSZE- Verpflichtungen im Bereich der menschlichen Dimension Band 1 Thematische Zusammenstellung

4. Ausgabe OSZE- Verpflichtungen im Bereich der menschlichen Dimension Band 1 Thematische Zusammenstellung

4. Ausgabe

OSZE/BDIMR dankt der Bundesrepublik Deutschland für die finanzielle Unterstützung dieser Veröffentlichung. OSZE-Verpflichtungen im Bereich der menschlichen Dimension, Band 1, Thematische Zusammenstellung, 4. Ausgabe

Veröffentlicht vom OSZE-Büro für demokratische Institutionen und Menschenrechte (BDIMR) Ul. Miodowa 10 00-251 Warschau, Polen www.osce.org/odihr

Alle Rechte vorbehalten. Der Inhalt dieser Veröffentlichung darf für pädagogische und nicht-kommerzielle Zwecke ohne Einschränkungen verwendet und vervielfältig werden, solange OSZE/BDIMR als Quelle angegeben wird.

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Gedruckt in Polen von Centrum Poligrafii Inhalt

Vorwort zur 4. Ausgabe VII Geleitwort – Zur Benutzung dieser Zusammenstellung IX Die menschliche Dimension der OSZE: Eine Einführung XI In dieser Zusammenstellung erwähnte OSZE-Dokumente XX

Allgemeine Bestimmungen mit Bezug auf die menschliche Dimension 1

1. Einführung zur menschlichen Dimension 2 1.1 Wesen und Bedeutung der menschlichen Dimension 3 1.2 Die menschliche Dimension als Angelegenheit von unmittelbarem und berechtigtem internationalen Interesse 7

2. Umsetzung von Verpflichtungen 8 2.1 Die Pflicht zur Implementierung 9 2.2 Methoden der Implementierung 11 2.2.1 Allgemeine Bestimmungen, einschließlich Menschenrechtsbildung 11 2.2.2 Methoden der Implementierung 14 2.2.3 Wahlbeobachtung 16 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen 17 A. Wiener Mechanismus 17 B. Moskauer Mechanismus 18 C. Antiterrornetzwerk 23 D. Andere Mechanismen 25 2.3 Partner bei der Implementierung 26 2.3.1 Regierungen, Behörden und Institutionen 26 2.3.2 Regierungen anderer Länder und internationale Organisationen 26 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen 30 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension 35 A. Das Büro für demokratische Institutionen und Menschenrechte (BDIMR) 36 B. Hoher Kommissar für nationale Minderheiten 65 C. Der Beauftragte für Medienfreiheit 72 D. Der Sonderbeauftragte für die Bekämpfung des Menschenhandels 77 3. Einschränkungen und Ausnahmeregelungen 80 3.1 Umfang und Art zulässiger Einschränkungen 81 3.2 Ausnahmeregelungen zur Umsetzungspflicht im Rahmen eines öffentlichen Notstands 81

Besondere V erpflichtungenim Bereichder menschlichen Dimension 85

1. Verpflichtungen in Bezug auf das Selbstbestimmungsrecht der Völker 86

2. Verpflichtungen in Bezug auf die strukturellen Komponenten einer demokratischen Gesellschaft 88 2.1 Allgemeine Bestimmungen 89 2.2 Wahlen 92 2.3 Demokratische Institutionen 96 2.3.1 Allgemeine Bestimmungen 96 2.3.2 Dezentralisierte Regierungsform und besondere Strukturen und Gremien 99 2.3.3 Demokratische zivile Kontrolle der militärischen, paramilitärischen und inneren Sicherheitskräfte sowie der Nachrichtendienste und der Polizei 100 2.3.4 Unabhängige Menschenrechtsinstitutionen auf nationaler Ebene 101 2.3.5 Nichtstaatliche Organisationen 102 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen 103 2.4 Rechtsstaatlichkeit 112 2.4.1 Allgemeine Bestimmungen 112 2.4.2 Unabhängigkeit der Justiz und der Angehörigen der Rechtsberufe sowie unparteiische Arbeitsweise des öffentlichen Justizwesens 118 2.4.3 Rechtspflege 121 A. Gesetzesvollzug 121 B. Behandlung von Personen im Freiheitsentzug 124 2.4.4 Erfüllung internationaler Verpflichtungen 127

3. Menschenrechtsbezogene Verpflichtungen, die für alle Personen gelten 128 3.1 Bürgerliche und politische Rechte 129 3.1.1 Allgemeine Bestimmungen 129 3.1.2 Recht auf Leben / Abschaffung der Todesstrafe 129 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung 130 3.1.4 Schutz vor willkürlicher Festnahme oder Inhaftierung 139 3.1.5 Recht auf ein faires Verfahren 141 3.1.6 Recht auf einen wirksamen Rechtsbehelf 143 3.1.7 Wehrdienstverweigerung aus Gewissensgründen und Ersatzdienst 145 3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit 146 3.1.9 Vereinigungsfreiheit und Recht auf friedliche Versammlung 150 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien 152 A. Allgemeine Bestimmungen 152 B. Medienfreiheit und Arbeitsbedingungen für Journalist*innen 155 C. Freiheit des künstlerischen oder kulturellen Ausdrucks 164 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung 166 3.1.12 Achtung des Privat- und Familienlebens 174 3.1.13 Recht auf Staatsangehörigkeit 175 3.1.14 Eigentumsrechte 175 3.2 Wirtschaftliche, soziale und kulturelle Rechte 176 3.2.1 Allgemeine Bestimmungen 176 3.2.2 Wirtschaftliche und soziale Rechte 177 A. Allgemeine Bestimmungen 177 B. Arbeitnehmer*innenrechte 179 3.2.3 Kulturelle Rechte / kulturelles Erbe 181 3.2.4 Recht auf Bildung 183

4. Menschenrechtsbezogene Verpflichtungen, die für bestimmte Gruppengelten 186 4.1 Nationale Minderheiten 187 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung 187 4.1.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben 193 4.1.3 Kulturelle, sprachliche und religiöse Identität und Bildung 195 4.1.4 Menschliche Kontakte, Informationsfreiheit, freie Medien 198 4.1.5 Rolle von Organisationen und Vereinigungen 200 4.1.6 Schutz vor Hassverbrechen 201 4.2 Roma and Sinti 202 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung 202 4.2.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben 209 4.2.3 Zugang zu Bildung 212 4.2.4 Sozio-ökonomische Fragen 216 4.2.5 Rassismus und Diskriminierung 218 A. Bekämpfung von Rassismus und Stereotypen 218 B. Schutz vor Hassverbrechen 221 4.2.6 Krisen- und Postkrisensituationen 223 4.3 Urbevölkerungen 224 4.4 Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose 224 4.5 Wanderarbeiter 228 4.6 Personen mit Behinderungen 235 4.7 Kinder 236 4.8 Angehörige der Streitkräfte 244 4.9 Personen in Haft oder im Gefängnis 245 5. Verpflichtungen in Bezug auf Gleichheit, Toleranz und Nichtdiskriminierung 249 5.1 Bestimmungen zu Gleichheit und Nichtdiskriminierung 250 5.2 Gleichberechtigung von Mann und Frau 251 5.3 Bekämpfung von durch Vorurteile, Intoleranz und Hass motivierte Handlungen 262 5.3.1 Allgemeine Bestimmungen 262 5.3.2 Internationale Instrumente 277 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien 278 5.3.4 Datenerfassung und Monitoring 283 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens 286 5.3.6 Rolle der Medien 298

6. Verpflichtungen in Bezug auf spezifische Bedrohungen für die menschliche Sicherheit 302 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung 303 (A) Rechtlicher Rahmen 307 (B) Verhütung 307 (C) Schutz 308 (D) Strafrechtliche Verfolgung 308 (E) Partnerschaft 309 6.2 Prävention von Menschenhandel 313 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention 313 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung 337 6.2.3 Schutz und Unterstützung der Opfer 348 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität 358 6.4 Prävention des Terrorismus 368 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung 368 6.4.2 Achtung der Menschenrechte und der Rechtsstaatlichkeit bei der Terrorismusbekämpfung 390 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten 393 6.4.4 Auslieferung und strafrechtliche Verfolgung von Personen, die in Terrorakte verwickelt sind 402 6.4.5 Bekämpfung der Nutzung des Internets zu terroristischen Zwecken 405 6.5 Umgang mit den Risiken des Missbrauchs von Informations- und Kommunikationstechnologien (IKT) 408

7. Verpflichtungen in Bezug auf das humanitäre Völkerrecht 411

Index 416 Vorwort zur 4. Ausgabe

Ohne die gegenwärtigen Herausforderungen für Demokratie und Menschenrechte in den 57 Staa- ten der OSZE-Region außer Acht lassen zu wollen, ist es mir eine große Freude, die vierte Ausgabe der OSZE-Verpflichtungen im Bereich der menschlichen Dimension vorstellen und auf diese Weise die Fortschritte auf einer Vielzahl von Themengebieten würdigen zu können.

Diese Veröffentlichung, eine aktualisierte Zusammenstellung der OSZE-Verpflichtungen zu De- mokratie und Menschenrechten, ist im Laufe der Jahre sowohl für Regierungsbeamt*innen und OSZE-Personal als auch für die Zivilgesellschaft sowie alle, die sich für die Stärkung der Men- schenrechte innerhalb und außerhalb der Grenzen der OSZE-Region einsetzen, zu einer unver- zichtbaren Ressource geworden. Begleitet wird diese thematische Zusammenstellung von einer chronologischen Übersicht; beide Textsammlungen sind auch auf der Website des OSZE-Büros für demokratische Institutionen und Menschenrechte (BDIMR) zu finden.

Die Schlussakte von Helsinki und die vielen darauf folgenden Dokumente haben sich zu einem umfassenden Normenwerk entwickelt – die Grundlage dessen, was die OSZE die menschliche Dimension von Sicherheit nennt. In der Charta von Paris für ein neues Europa wurde 1990 for- muliert: „Menschenrechte und Grundfreiheiten sind allen Menschen von Geburt an eigen; sie sind unveräußerlich und werden durch das Recht gewährleistet. Sie zu schützen und zu fördern ist vor- nehmste Pflicht jeder Regierung.“

Die OSZE-Staaten entwickelten die entsprechenden Bestimmungen gemeinsam, verabschiedeten sie freiwillig und verpflichteten sich, diese ohne Gewalt oder Zwang aufrechtzuerhalten und um- zusetzen. Sie bekräftigen das umfassende Sicherheitskonzept der OSZE, in dem die menschliche Dimension das gleiche Gewicht hat wie die politisch-militärische Zusammenarbeit oder die Wirt- schafts- und Umweltpolitik.

Seit der Veröffentlichung der letzten Ausgabe der OSZE-Verpflichtungen zur menschlichen Dimen- sion ist mehr als ein Jahrzehnt vergangen. In dieser Zeit haben sich unsere Gesellschaften sowie die sie verknüpfenden Bande weiterentwickelt und neue, vielfältige Herausforderungen für die Men- schenrechte mit ganz eigenen Chancen und Gefahren sind aufgetaucht. Auf den jährlich stattfin- denden Ministerratstreffen, die traditionell in einer Großstadt des Landes abgehalten werden, das aktuell den OSZE-Vorsitz innehat (Vilnius, Dublin, Kiew, Basel, Belgrad, Hamburg, Wien, Mai- land und Tirana), haben die OSZE-Staaten eine ganze Reihe dieser Themen aufs Tapet gebracht.

Die dort beschlossenen Ergänzungen finden Sie auf den Seiten der vorliegenden Veröffentlichung. Die neuen Verpflichtungen in Bereichen wie Migration, Menschenhandel, Bekämpfung von Ge- walt gegen Frauen oder auch die Rolle junger Menschen bei der Förderung einer Dialogkultur zeigen, dass man sich in der gesamten OSZE-Region weiterhin der Notwendigkeit bewusst ist, den Schutz der Menschenrechte verbessern und die schwerwiegendsten Verletzungen selbiger be- kämpfen zu müssen.

VII Vorwort zur 4. Ausgabe

Sicherlich haben digitale Technologien die Menschenrechte gestärkt, geografische Unterschiede überbrückt und demokratisches Engagement in einem zuvor unvorstellbaren Ausmaß ermöglicht. Tatsache ist allerdings auch, dass Hass leicht und rasch über digitale Plattformen verbreitet werden kann und Instrumente zur Verbrechensbekämpfung oder zum Grenzmanagement missbraucht werden, um Grundfreiheiten und Menschenrechte einzuschränken sowie kritische Stimmen zu unterdrücken. Gleichzeitig erweisen sich momentan globale Migrationstrends, Klimawandel, Pan- demien und bewaffnete Konflikte als harte Bewährungsproben – sowohl für unsere Gesellschaften als auch für die Zukunft demokratischer Prinzipien auf Grundlage der Menschenrechte. Daher ist es wichtiger denn je, einen authentischen Dialog in den Mittelpunkt unserer Bemühungen bei der Gestaltung einer gemeinsamen Zukunft zu stellen.

Ich hoffe, dass diese vierte Ausgabe ein wertvolles Instrument für politische Führungskräfte, Beamt*innen, Fachleute und Aktivist*innen sowie all jene sein wird, die sich dafür einsetzen, die Lücke zwischen Verpflichtung und Umsetzung zu schließen. Das BDIMR wird als eine der welt- weit führenden Menschenrechtsinstitutionen weiterhin nationale und internationale Bemühun- gen zum Aufbau demokratischerer, toleranterer und inklusiverer Gesellschaften unterstützen. In den letzten drei Jahrzehnten haben die Direktor*innen des BDIMR unablässig daran gearbeitet, die Zukunft der Demokratie zu sichern und die in den Verpflichtungen verankerte Achtung der Menschenrechte zu gewährleisten. Mein aufrichtiger Dank gilt allen früheren BDIMR-Direktor*in- nen für ihre Impulse und ihr Engagement: Luchino Cortese (Italien, 1991–1994); Audrey Glover (Großbritannien, 1994–1997); Gerard Stoudmann (Schweiz, 1997–2002); Christian Strohal (Ös- terreich, 2003–2008); Janez Lenarčič (Slowenien, 2008–2014); Michael Georg Link (Deutschland, 2014–2017); und Ingibjörg Sólrún Gísladóttir (Island, 2017–2020).

Diese Ausgabe der Verpflichtungen im Bereich der menschlichen Dimension wird erstmals in al- len offiziellen OSZE-Sprachen veröffentlicht. Zum einen sollen die Inhalte dieser wegweisenden Verpflichtungen zum Schutz der Menschenrechte so größtmögliche Verbreitung finden, zum an- deren soll damit dem Umstand Rechnung getragen werden, dass bislang kein OSZE-Staat diese Verpflichtungen vollständig umsetzt. Auf uns alle warten noch einige Hausaufgaben.

Matteo Mecacci Direktor des OSZE-Büros für demokratische Institutionen und Menschenrechte (BDIMR)

VIII Geleitwort – Zur Benutzung dieser Zusammenstellung

Beginnend mit der Schlussakte von Helsinki aus dem Jahr 1975 haben die inzwischen 57 Teilnehmer- staaten der OSZE-Region eine große Anzahl politisch verbindlicher Verpflichtungen in Bezug auf die sogenannte menschliche Dimension des umfassenden Sicherheitskonzepts der OSZE ratifiziert.

Die Auswahl der im thematischen und chronologischen Teil dieser Ausgabe enthaltenen Verpflich- tungen erfolgte auf Grundlage der gegenwärtig verwendeten Definition des Begriffs der mensch- lichen Dimension. Er umfasst alle Aspekte in Bezug auf Menschenrechte und Grundfreiheiten; Demokratie, einschließlich demokratischer Wahlen sowie demokratischer Staatsführung und In- stitutionen; Toleranz und Nichtdiskriminierung; Rechtsstaatlichkeit; nationale Minderheiten, menschliche Kontakte und das humanitäre Völkerrecht.* Zusätzlich enthält diese Zusammenstel- lung Bestimmungen für Mechanismen, mit denen die Umsetzung dieser Verpflichtungen sowie die grundlegenden Mandate der im Bereich der menschlichen Dimension tätigen OSZE-Institu- tionen überwacht werden können.

Die in dieser Veröffentlichung zusammengestellten Dokumente wurden von verschiedenen hoch- rangigen KSZE/OSZE-Foren unterzeichnet oder anderweitig angenommen. Sie haben zwar nicht den Charakter rechtlich bindender Verträge im Sinne des Völkerrechts, stellen sehr wohl aber politische Verpflichtungen dar, die im Konsens ratifiziert wurden und für die einzelnen Teilneh- merstaaten verbindlich sind. Da sie einvernehmlich angenommen wurden, haben sie unmittelbare Wirkung, sind sofort anwendbar und können sowohl von Bürger*innen als auch OSZE-Regierungen gegenüber der Regierung eines Teilnehmerstaates direkt geltend gemacht werden. Da die Staaten mit der Unterzeichnung verbindlich zusagen, diese Verpflichtungen nach Treu und Glauben um- zusetzen, verstärken die OSZE-Verpflichtungen die im Völkerrecht und in internationalen Über- einkommen enthaltenen Verpflichtungen, anstatt sie einfach nur zu wiederholen.

Die in dieser Zusammenstellung enthaltenen Bestimmungen zur menschlichen Dimension stammen aus den Dokumenten, die aus den Gipfeltreffen, den Folgetreffen, den Konferenzen zur mensch- lichen Dimension und, gegebenenfalls, den Ministerratstreffen seit 1975 hervorgegangen sind. Ebenfalls in dieser Veröffentlichung enthalten sind Dokumente, die auf einschlägigen Expert*in- nentreffen erarbeitet und später von anderen Foren in das Paket der KSZE/OSZE-Verpflichtun- gen aufgenommen wurden.

Es ist zwar das erklärte Ziel dieser Publikation, die normativen Grundlagen der OSZE im Bereich der menschlichen Dimension umfassend darzustellen. Eine vollständige Bestandsaufnahme, die jeden noch so kurzen Teilsatz mit einer möglichen Referenz auf die menschliche Dimension ent- hält, wurde jedoch nicht versucht. Zudem ist zu betonen, dass der Fokus dieser Zusammenstellung

* Diese Definition findet sich auch in der Tagesordnung des OSZE-Implementierungstreffens zur menschlichen Dimension.

IX Geleitwort – Zur Benutzung dieser Zusammenstellung

zwar auf der menschlichen Dimension und damit auf Menschenrechten und Demokratie liegt, die OSZE-Verpflichtungen jedoch stets im Kontext des umfassenden Sicherheitskonzepts zu verste- hen sind, das neben politisch-militärischen Fragen auch wirtschaftliche und ökologische Aspekte umfasst. Nur weil bestimmte Verpflichtungen nicht in dieser Zusammenstellung enthalten sind, bedeutet das nicht, dass sie irrelevant sind. Aus Gründen der Praktikabilität musste eine Grenze gezogen werden, denn es ging um die Erstellung eines benutzungsfreundlichen Nachschlagewerks, das sich gleichermaßen an Regierungsbeamt*innen und zivilgesellschaftliche Organisationen so- wie an Akademiker*innen, Studierende und Menschen aus der Praxis richtet.

X Die menschliche Dimension der OSZE: Eine Einführung

Im Jahr 2025 wird die Organisation für Sicherheit und Zusammenarbeit in Europa (OSZE) den 50. Jahrestag der Unterzeichnung ihres Gründungsdokuments, der Schlussakte von Helsinki, begehen. Seit 1975 hat die OSZE eine Reihe von Normen und Standards im Bereich der Menschenrechte ent- wickelt, die im Allgemeinen die traditionellen Normen und Konzepte in anderen internationalen Menschenrechtsverträgen und -erklärungen widerspiegeln. Darauf aufbauend hat die OSZE eine Reihe von zusätzlichen Standards entwickelt, die in Sachen Stil und Inhalt sehr innovativ sind.

Ganz im Sinne einer der wichtigsten Lehren aus dem Helsinki-Prozess sollen die OSZE-Verpflich- tungen mit dieser Publikation sowohl den Bürger*innen als auch den Regierungsvertreter*innen leichter zugänglich gemacht werden. Menschenrechte beginnen mit einem Element der Befähigung und Ermächtigung – dem „Recht, seine Rechte zu kennen“. Bei der Verabschiedung der Schluss- akte von Helsinki verpflichteten sich die Teilnehmerstaaten, das Dokument maximal zugänglich zu machen. Dies war der Auslöser für die Gründung zahlreicher wichtiger Menschenrechtsgrup- pen – wie der sogenannten Helsinki-Gruppen und der Charta 77 –, die im Helsinki-Prozess den Bezugspunkt für ihre Arbeit fanden und zu den Transformationsprozessen in Mittel- und Osteu- ropa beitrugen. Aus diesem Grund ist der Menschenrechtsrahmen der OSZE einer der wirksams- ten überhaupt und spielt auch heute noch eine wichtige Rolle.

Es handelt sich um einen einzigartigen Rahmen mit einem ganzen Paket an Dokumenten, die nicht zuletzt dadurch innovativ sind, dass sie die Menschenrechte zu einer Angelegenheit von un- mittelbarem und berechtigtem Interesse aller Teilnehmerstaaten machen. Das Fundament dieses Rahmens findet sich in der Schlussakte von Helsinki, aber spätere Verpflichtungen wie die Do- kumente des Kopenhagener und des Moskauer Treffens der Konferenz über die menschliche Di- mension der KSZE (1990 und 1991) sowie die Charta von Paris für ein neues Europa (1990) haben weitere wichtige Grundlagen hinzugefügt, die für das heutige Verständnis der menschlichen Di- mension der OSZE notwendig sind.

Mit dieser Einführung soll neben einer Anleitung zu Lektüre und Nutzung der Normen auch ein Überblick über einige grundlegende Aspekte der menschlichen Dimension der OSZE bereitge- stellt werden.*

* Die Konferenz über Sicherheit und Zusammenarbeit in Europa (KSZE) wurde 1994 in Organisation für Sicher- heit und Zusammenarbeit in Europa (OSZE) umbenannt. Aus praktischen Gründen wird in diesem Text nur die Bezeichnung OSZE benutzt.

XI Die menschliche Dimension der OSZE: Eine Einführung

A. Grundlagen

1. Die Menschenrechte und das umfassende Sicherheitskonzept der OSZE

Die OSZE wurde als Sicherheitsorganisation gegründet. Sie beschäftigt sich jedoch nicht ausschließ- lich mit Themen der militärischen Sicherheit, Abrüstung oder Grenzfragen. Auf Grundlage eines weit gefassten Sicherheitskonzepts befasst sie sich auch mit den Menschenrechten. Für die OSZE ist Sicherheit mehr als nur die Abwesenheit von Krieg. Vielmehr war es die Absicht der OSZE- Teilnehmerstaaten, einen umfassenden Rahmen für Frieden und Stabilität in Europa zu schaffen.

Die Schlussakte von Helsinki erklärt die „Achtung der Menschenrechte und Grundfreiheiten, einschließlich der Gedanken-, Gewissens-, Religions- oder Überzeugungsfreiheit“ zu einem von ihren zehn Leitprinzipien. Das stellt einen Meilenstein in der Geschichte des Schutzes der Men- schenrechte dar. Zum ersten Mal überhaupt wurden Menschenrechtsprinzipien als ausdrückli- cher und integraler Bestandteil eines regionalen Sicherheitsrahmens berücksichtigt und erhielten dabei denselben Stellenwert wie politisch-militärische und wirtschaftliche Fragen. Diese Aner- kennung der Bedeutung der Menschenrechte wurde durch zahlreiche Folgedokumente bekräf- tigt. Sie ist somit inzwischen fest etabliert und sollte außer Frage stehen. Zwischen den einzelnen Prinzipien gibt es keine Hierarchie. Deshalb kann auch keine Regierung behaupten, zuerst poli- tische oder wirtschaftliche Sicherheit herstellen zu müssen, bevor sie sich mit Menschenrechten und Demokratie befassen könne.

Die jüngste Geschichte beweist die Gültigkeit des OSZE-Konzepts: eine freie Gesellschaft mit un- eingeschränkten Teilhabemöglichkeiten am öffentlichen Leben für alle Menschen ist ein Schutz ge- gen Konflikte und Instabilität. Mangelnde Achtung der territorialen Integrität souveräner Staaten, willkürliche Verhaftungen und Inhaftierungen friedlich demonstrierender Menschen oder der ge- sellschaftliche Ausschluss von Einzelpersonen oder bestimmten Gruppen auf Grundlage ihrer eth- nischen Zugehörigkeit und/oder anderer Gründe haben zuweilen zu Spannungen und Instabilität geführt. Auch der rasche Anstieg der Migrations- und Flüchtlingsströme, beispielsweise aufgrund von Konflikten oder den Folgen des Klimawandels, hat erhebliche Auswirkungen auf die Sicherheit.

In der OSZE-Terminologie bezeichnet der Begriff „menschliche Dimension“ die Gesamtheit der Normen und Aktivitäten im Zusammenhang mit Menschenrechten, Demokratie und Rechtsstaat- lichkeit. Sie wird innerhalb der OSZE – neben der politisch-militärischen sowie der wirtschaft- lichen und ökologischen – als eine der drei Dimensionen der Sicherheit betrachtet. Der Begriff „menschliche Dimension“ weist zudem darauf hin, dass die OSZE-Grundsätze in diesem Bereich ein größeres Themenfeld abdecken als traditionelle Menschenrechtsnormen.

2. Der OSZE-„Prozess“

Die OSZE hat von Anbeginn einen prozessorientierten Ansatz verfolgt. So sieht die Schlussakte von Helsinki regelmäßige Folgekonferenzen und -treffen vor. Dieser Gedanke ist sehr wichtig, um den Menschenrechtsrahmen der OSZE zu verstehen.

Erstens gibt es auf diese Weise ein Forum, in dem die Umsetzung der in früheren Sitzungen ver- einbarten Standards diskutiert werden kann. Zweitens hat dieser Ansatz zu einer Reihe von aufei- nanderfolgenden OSZE-Dokumenten geführt, in denen die früher eingegangenen Verpflichtungen im Bereich der menschlichen Dimension präzisiert und ausgearbeitet wurden. Auf diese Weise hat die OSZE ein sehr flexibles und dynamisches Verfahren zur Erarbeitung von Normen im Bereich der Menschenrechte entwickelt – einen fortlaufenden und noch nicht abgeschlossenen Prozess.

XII Die menschliche Dimension der OSZE: Eine Einführung

Auf dieser Grundlage wurde zum einen der zuvor meist im Zusammenhang mit der organisier- ten Kriminalität thematisierte Menschenhandel als Menschenrechtsproblem anerkannt und zum anderen konnten Hassverbrechen als potenzielle Bedrohung für die nationale und internationale Sicherheit aufs Tapet gebracht werden.

OSZE-Verpflichtungen werden in der Regel in Dokumenten festgehalten, die auf OSZE-Gipfel- treffen oder -Ministerratstreffen im Konsens angenommen werden. Jedes dieser Treffen findet in einem bestimmten politischen Klima und Kontext statt. Vor diesem Hintergrund ist es wenig über- raschend, dass die Gipfel und Ministerratstreffen der OSZE bei der Schaffung neuer Verpflichtun- gen unterschiedliche Prägungen und Ausrichtungen hatten. Insbesondere Anfang der 1990er Jahre wurden auf diversen Treffen eine Vielzahl wichtiger neuer Normen geschaffen, während man sich bei anderen auf kleinere Änderungen und Ergänzungen beschränkte.

Dieser prozessorientierte Ansatz hat zu einer großen Anzahl an OSZE-Dokumenten geführt. Für Personen, die zum Thema Menschenrechte arbeiten, ist es deshalb nicht immer einfach zu erken- nen, welche Normen auf eine bestimmte Situation anwendbar sind, zumal jedes Dokument in unterschiedlichem Maße sowohl Wiederholungen als auch Neuerungen enthält. Grundsätzlich sollten sich die Benutzer*innen dieser Zusammenstellung darüber klar sein, dass alle diese Do- kumente zusammengenommen den bestehenden Rahmen der OSZE im Bereich der menschlichen Dimension bilden. Die Ratifizierung neuer Dokumente ändert nichts an der Gültigkeit älterer Ver- pflichtungen. Vielmehr bauen sie aufeinander auf und bilden das, was man als den OSZE-Acquis bezeichnen könnte. Sie wurden einstimmig angenommen und sind daher für alle OSZE-Teilneh- merstaaten politisch verbindlich. Dies gilt auch für später aufgenommene Teilnehmerstaaten, die den zum Zeitpunkt ihres Beitritts bestehenden Acquis übernahmen.

Aus diesem Grund wird empfohlen, sich bei Nutzung dieser Publikation nicht nur auf ein ein- ziges Dokument zu verlassen, sondern die gesamte Palette der vorhandenen Dokumente zu prü- fen, um den tatsächlichen Umfang der Verpflichtungen in Bezug auf ein bestimmtes Recht oder eine bestimmte Grundfreiheit zu ermitteln. Oftmals enthalten ältere Dokumente nur allgemeine Grundsätze, die dann in Folgedokumenten weiter ausgeführt werden. Da die Verpflichtungen und Dokumente jedoch aufeinander aufbauen, verliert eine Verpflichtung in einem früheren Do- kument nicht ihre Gültigkeit, wenn in einem späteren Dokument nur allgemein auf dieses Recht verwiesen wird.

Gleichzeitig spiegelt jedes Dokument in seiner Gesamtheit einen konkreten historischen Kontext wider, und seine Struktur folgt einer bestimmten Logik, die die verschiedenen Teile des Dokuments in einen größeren Zusammenhang stellt. Das betreffende Dokument vollständig zu lesen, kann daher ebenfalls wichtige Informationen liefern und Verständnis sowie Auslegung der jeweiligen Normen erleichtern. Dies erklärt den Ansatz, diese Zusammenstellung in zwei Bänden zu veröf- fentlichen, von denen einer thematisch und der andere chronologisch organisiert ist.

3. Verpflichtungen im Bereich der menschlichen Dimension und pluralistische Demokratie auf Grundlage der Rechtsstaatlichkeit

In einer Reihe von Fällen gehen die OSZE-Verpflichtungen im Bereich der menschlichen Dimen- sion weit über die in „traditionellen“, rechtsverbindlichen Menschenrechtsinstrumenten vorgese- henen Bestimmungen hinaus. In traditionellen Menschenrechtsverträgen werden die Rechte des Einzelnen (oder einer Gruppe) formuliert, die dann vom Vertragsstaat verpflichtend zu achten und/oder zu garantieren sind. Wie diese Verpflichtungen umgesetzt werden, wird jedoch meist dem Vertragsstaat überlassen.

XIII Die menschliche Dimension der OSZE: Eine Einführung

Die menschliche Dimension der OSZE hingegen verknüpft die Menschenrechte mit dem institu- tionellen und politischen System eines Staates. Im Grunde haben sich die OSZE-Staaten durch ihre Verpflichtungen im Bereich der menschlichen Dimension darauf geeinigt, dass eine plura- listische, auf Rechtsstaatlichkeit basierende Demokratie das einzige Regierungssystem ist, das die wirksame Achtung der Menschenrechte garantiert.

Vor diesem Hintergrund wird auch klar, warum die menschliche Dimension der OSZE im Sinne einer gesamteuropäischen öffentlichen Ordnung als eine gemeinsame ordre public bezeichnet wird. Anders ausgedrückt ist die OSZE nicht einfach nur eine Organisation mit 57 Teilnehmerstaaten, sondern eine „Wertegemeinschaft“, die gemeinsam einen normativen Rahmen und eine darauf basierende Praxis geschaffen hat und stetig weiterentwickelt. Diese Verbindung spiegelt sich auch in der unbedingten Verpflichtung gegenüber dem Prinzip der Rechtsstaatlichkeit und dessen Ver- ständnis als ein auf Menschenwürde und einem Rechtssystem mit Gesetzen und rechtlichen Struk- turen basierendem Konzept wider.

4. Politisch verbindliche Verpflichtungen

Beim OSZE-Prozess handelt es sich um einen politischen Prozess, der keine rechtlich durchsetz- baren Normen oder Prinzipien schafft. Im Gegensatz zu vielen anderen Menschenrechtsdoku- menten sind die OSZE-Verpflichtungen im Bereich der menschlichen Dimension eher politisch als rechtlich bindend. Das ist eine wichtige Unterscheidung, da sie die rechtliche Durchsetzbar- keit der OSZE-Standards begrenzt. Anders ausgedrückt: OSZE-Verpflichtungen können nicht per Gericht durchgesetzt werden.

Dieser Umstand sollte jedoch nicht als Hinweis darauf verstanden werden, dass die Verpflichtun- gen nicht verbindlich sind. Die Unterscheidung erfolgt in diesem Fall zwischen rechtlich bindend und politisch bindend, nicht zwischen verbindlich und unverbindlich. Soll heißen: die OSZE-Ver- pflichtungen sind mehr als eine einfache Willenserklärung oder nur gute Absichten – sie sind ein politisches Versprechen, diese Standards einzuhalten.

Die Beratungen über internationale Rechtsdokumente nehmen in der Regel viel Zeit in Anspruch, bevor man sich auf einen endgültigen Text einigt, und selbst dann sind die endgültigen Dokumente möglicherweise noch mit Vorbehalten versehen und bedürfen einer Ratifizierung. Das alles trifft auf OSZE-Dokumente nicht zu. Ihr rein politischer Charakter führt zu der außergewöhnlichen Situation, dass Beschlüsse, sobald ein Konsens zwischen den Staaten erzielt wurde, sofort in Kraft treten und im Grunde für alle OSZE-Staaten verbindlich sind (Universalitätsprinzip).

Dadurch kann die OSZE zeitnah auf neue Herausforderungen reagieren. Als beispielsweise Anfang der 1990er Jahre die Menschenrechtsverletzungen gegenüber Minderheiten zunahmen, reagierte die OSZE am schnellsten und erarbeitete umfassende Standards im Bereich des Minderheitenschut- zes. Später dienten diese politischen Standards als Grundlage für das rechtsverbindliche Rahmen- übereinkommen zum Schutz nationaler Minderheiten des Europarats.

5. Menschenrechte als Angelegenheit von internationalem Interesse

Ein grundlegendes Merkmal der menschlichen Dimension der OSZE ist die Tatsache, dass die Menschenrechte und die pluralistische Demokratie nicht als innere Angelegenheiten eines Staates betrachtet werden. Die Teilnehmerstaaten haben herausgestellt, dass Fragen im Zusammenhang mit den Menschenrechten, den Grundfreiheiten, der Demokratie und der Rechtsstaatlichkeit von

XIV Die menschliche Dimension der OSZE: Eine Einführung

internationalem Interesse sind, da die Achtung dieser Rechte und Freiheiten eine der Grundlagen der internationalen Ordnung darstellt.

Die Teilnehmerstaaten erklärten nämlich „mit großem Nachdruck und unwiderruflich, daß die im Bereich der menschlichen Dimension der KSZE eingegangenen Verpflichtungen ein unmit- telbares und berechtigtes Anliegen aller Teilnehmerstaaten und eine nicht ausschließlich innere Angelegenheit des betroffenen Staates darstellen“ (Dokument des Moskauer Treffens der Konfe- renz über die menschliche Dimension der KSZE, 1991). Aus diesem Grund können sich die OSZE- Teilnehmerstaaten nicht auf das Prinzip der Nichteinmischung berufen, um Diskussionen über Menschenrechtsfragen in ihren Ländern zu unterbinden. Damit wird klar, warum die OSZE nicht nur eine Wertegemeinschaft, sondern auch eine Verantwortungsgemeinschaft ist. Zudem muss betont werden, dass sich diese Verantwortung nicht nur auf das Recht beschränkt, andere Staa- ten für die Verletzung von Verpflichtungen der menschlichen Dimension zu kritisieren, sondern auch die Pflicht beinhaltet, sich gegenseitig bei der Lösung bestimmter Probleme zu unterstützen.

6. Einschränkungen und Bezug zu internationalen Menschenrechtsverträgen

Die OSZE-Verpflichtungen enthalten neben den traditionellen Menschenrechten und Grund- freiheiten auch einige Themenbereiche, die nicht in den Geltungsbereich traditioneller Men- schenrechtsnormen fallen. Wie bei anderen Menschenrechtsverträgen stellt sich auch bei den OSZE-Verpflichtungen im Bereich der menschlichen Dimension die wichtige Frage, inwieweit Rechte eingeschränkt werden können. Dies ist für alle Fachleute bedeutsam, die festzustellen ver- suchen, ob ein bestimmtes Recht verletzt wurde oder nicht. Einige der von der OSZE stipulier- ten Freiheiten enthalten spezifische Einschränkungsklauseln. Das Dokument des Kopenhagener Treffens der Konferenz über die menschliche Dimension der KSZE enthält jedoch eine wichtige allgemeine Regel für die in diesem Dokument genannten Rechte: Ihre Ausübung darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit anderen völkerrechtlichen Verpflichtungen, insbesondere dem Internationalen Pakt über bürgerliche und politische Rechte, in Einklang stehen. Derartige Einschränkungen dürfen nicht willkürlich angewendet werden und tragen immer den Charakter von Ausnahmen für die allgemein gültige Regel, dass die indi- viduelle Freiheit zu respektieren ist. Etwaige Einschränkungen von Rechten und Freiheiten müs- sen einem in den anzuwendenden Rechtsvorschriften genannten Zweck entsprechen und streng verhältnismäßig sein. Die Prüfung der Verhältnismäßigkeit erfordert eine enge Auslegung, ins- besondere da etwaige Eingriffe stets gegen den hohen Wert dieser Grundfreiheiten für eine freie und offene demokratische Gesellschaft abzuwiegen sind. Dieses Thema wurde nach Ausbruch der Covid-19-Pandemie besonders wichtig, um das weitere Funktionieren der demokratischen Insti- tutionen und die Achtung der Menschenrechte zu gewährleisten.

B. Institutionen und Umsetzung

1. Die Verantwortung für die Umsetzung der OSZE-Verpflichtungen im Bereich der menschlichen Dimension

Der oben beschriebene Menschenrechtsrahmen kommt allen im OSZE-Raum lebenden Menschen zugute und beschreibt Menschenrechte und Grundfreiheiten als „Geburtsrechte aller Menschen“. Die Verantwortung für die Gewährleistung dieser Rechte liegt in erster Linie bei den OSZE-Teil- nehmerstaaten. Die OSZE-Verpflichtungen im Bereich der menschlichen Dimension richten sich – im Einklang mit anderen internationalen Menschenrechtsverträgen – an die Teilnehmerstaaten.

XV Die menschliche Dimension der OSZE: Eine Einführung

Die Verpflichtungen bekräftigen diesen allgemeinen Grundsatz, indem sie betonen, dass Schutz und Förderung der Menschenrechte und Grundfreiheiten „die vornehmste Pflicht jeder Regie- rung“ ist (Charta von Paris für ein neues Europa, 1990).

Es war von Anfang an klar, dass es nicht immer ausreicht, nur Standards und Normen zu formu- lieren, um die Verpflichtungen im Bereich der menschlichen Dimension wirksam umzusetzen. In dieser Hinsicht sollte internationalen Verfahren eine wichtige ergänzende Funktion zukommen. Daher hat die OSZE eine Reihe von Prozessen, Konferenzen und Institutionen ins Leben gerufen, um die Umsetzung der OSZE-Verpflichtungen im Bereich der menschlichen Dimension zu über- wachen und zu unterstützen.

Im Gegensatz zu anderen Menschenrechtsverträgen* hat die OSZE weder ein Gericht noch eine andere Beschwerdestelle geschaffen, um die Umsetzung der OSZE-Verpflichtungen sicherzustel- len. Dies spiegelt neben dem politischen Charakter des OSZE-Prozesses auch die Absicht wider, bestehende Mechanismen nicht zu duplizieren. Tatsächlich stärkt die OSZE diese bereits beste- henden und sehr wichtigen Mechanismen und fordert seine Teilnehmerstaaten auf, sich diesen zu verpflichten und die von anderen internationalen Organisationen festgelegten Standards einzu- halten. Weiterhin ist darauf hinzuweisen, dass das Fehlen eines Individualbeschwerdeverfahrens nicht ausschließt, dass einzelne Fälle den politischen Gremien der OSZE zur Kenntnis gebracht werden können.

2. Gipfel und Folgetreffen

Wie bereits erwähnt, sieht die Schlussakte von Helsinki regelmäßige Folgekonferenzen und -tref- fen vor und bekräftigt damit, dass für die Wirksamkeit der Vereinbarung ein kontinuierlicher Dialog notwendig ist. Dieser prozessorientierte Ansatz hat im Laufe der Zeit zu einem komplexen System von politischen Gipfeltreffen und anderen Konferenzen geführt, auf denen die Umsetzung der OSZE-Verpflichtungen erörtert wird.†

Diese komplexe Struktur von Gipfeltreffen, Tagungen, Konferenzen und Seminaren geht mit zwei wichtigen Effekten einher. Zum einen ermöglicht es den Teilnehmerstaaten, einen dynamischen Prozess zur Schaffung von Normen einzuleiten. Auf diese Weise können die Staaten schnell auf neue Erfordernisse reagieren und frühere OSZE-Verpflichtungen erweitern, um deren Anwendung zu präzisieren. Zum anderen bietet diese Struktur ein Forum für die Erörterung der tatsächlichen Umsetzung der Verpflichtungen im Bereich der menschlichen Dimension durch die OSZE-Teil- nehmerstaaten. Darin spiegelt sich der Grundsatz wider, dass die Einhaltung der OSZE-Verpflich- tungen für alle Teilnehmerstaaten von unmittelbarem und berechtigtem Interesse sein sollte und nicht zu den inneren Angelegenheiten eines bestimmten Staates gehört.

Ein wichtiges Merkmal der OSZE-Treffen zur menschlichen Dimension ist ihre Offenheit für die aktive Teilnahme von Nichtregierungsorganisationen (NGOs). NGOs können sich mit etwaigen

* Siehe zum Beispiel die Einrichtung des Europäischen Gerichtshofs für Menschenrechte (EGMR) auf Grundlage der Europäischen Menschenrechtskonvention (EMRK) oder die Etablierung des UN-Menschenrechtsausschus- ses auf Grundlage des Internationalen Pakts über bürgerliche und politische Rechte der Vereinten Nationen. † Auf den Gipfel- und Ministerratstreffen der OSZE werden in der Regel neue Erklärungen und Dokumente ver- abschiedet. Vor den OSZE-Gipfeltreffen finden Überprüfungskonferenzen statt, auf denen die Einhaltung der OSZE-Standards erörtert und das auf dem jeweiligen Gipfel zu verabschiedende Schlussdokument vorbereitet wird. Die OSZE-Treffen zur Umsetzung der Verpflichtungen im Bereich der menschlichen Dimension sollten in den Jahren ohne OSZE-Gipfel stattfinden und ein Forum für die Erörterung der Umsetzung dieser Verpflich- tungen bieten. Außerdem ist vorgesehen, jährlich ein Seminar sowie drei zusätzliche Treffen zur menschlichen Dimension zu veranstalten. For more information, see the ODIHR web- site at www.osce.org/odihr.

XVI Bedenken über die tatsächliche Umsetzung der OSZE-Verpflichtungen im Bereich der menschli- chen Dimension einbringen und Vorschläge zur Lösung von Problemen machen.

3. Der Mechanismus der menschlichen Dimension

Neben diesen regelmäßigen Treffen hat die OSZE einen sogenannten „Mechanismus der mensch- lichen Dimension“ geschaffen, der auf dem Wiener Mechanismus* und dem teilweise darauf aufbauenden Moskauer Mechanismus† besteht. Zusammen etablieren diese ein Verfahren zur Überwachung der Umsetzung von Verpflichtungen im Bereich der menschlichen Dimension, das von einzelnen OSZE-Teilnehmerstaaten auf Ad-hoc-Basis in Anspruch genommen werden kann.

Der Wiener Mechanismus ermöglicht es den Teilnehmerstaaten, mittels verschiedener Verfahren Fragen im Zusammenhang mit der menschlichen Dimension in anderen OSZE-Teilnehmerstaa- ten zu stellen. Der darauf aufbauende Moskauer Mechanismus sieht die zusätzliche Möglichkeit vor, Ad-hoc-Missionen mit unabhängigen Fachleuten einzurichten, die bei der Lösung eines be- stimmten Problems im Bereich der menschlichen Dimension helfen sollen. Dazu gehört auch das Recht, mutmaßliche Verstöße gegen Verpflichtungen der menschlichen Dimension zu untersuchen.

4. Für die menschliche Dimension relevante OSZE-Institutionen

Abweichend vom Konferenzkonzept der Anfangsjahre hat die OSZE eine Reihe ständiger Institu- tionen eingerichtet, die die Teilnehmerstaaten bei der Umsetzung der OSZE-Verpflichtungen im Bereich der menschlichen Dimension unterstützen. Im Folgenden wird ein grundlegender Über- blick über die wichtigsten der mit Fragen der menschlichen Dimension befassten Institutionen ge- geben. Dabei werden ihre Aufgaben und Tätigkeiten nicht vollständig dargestellt.

A. Büro für Demokratische Institutionen und Menschenrechte

Das 1991‡ als Büro für freie Wahlen gegründete BDIMR der OSZE mit Sitz in Warschau ist die wichtigste Institution der OSZE im Bereich der menschlichen Dimension. Im Helsinki-Dokument von 1992 wurde als Mandat des BDIMR festgelegt, die OSZE-Teilnehmerstaaten dabei zu unter- stützen, „die volle Achtung der Menschenrechte und Grundfreiheiten zu gewährleisten, sich an den Grundsatz der Rechtsstaatlichkeit zu halten, die Prinzipien der Demokratie zu fördern und in dieser Hinsicht demokratische Institutionen aufzubauen, zu stärken und zu schützen, und To- leranz in der gesamten Gesellschaft zu fördern.“

Im Einklang mit seinem Mandat und seinen in verschiedenen Dokumenten festgelegten Aufga- ben fördert das BDIMR demokratische Wahlprozesse durch eingehende Wahlbeobachtung; führt Wahlunterstützungsprojekte zur Förderung partizipatorischer Demokratien durch und unter- stützt OSZE-Teilnehmerstaaten bei der Umsetzung ihrer Verpflichtungen im Bereich der mensch- lichen Dimension, indem es demokratische Prozesse und die Einhaltung der Menschenrechte beobachtet sowie Expertise und praktische Unterstützung beim Aufbau demokratischer Institu- tionen bereitstellt. Unter anderem geschieht dies durch längerfristige Programme zur Stärkung

* Wie im Wiener Abschlussdokument von 1989 festgelegt. † Der Moskauer Mechanismus wurde auf dem letzten Treffen der Konferenz über die menschliche Dimension der KSZE in Moskau (1991) beschlossen. Die zuständige OSZE-Institution, das Büro für demokratische Insti- tutionen und Menschenrechte, führt wie vom Moskauer Mechanismus vorgesehen eine aktive Liste von Fach- leuten. ‡ Der Beschluss zur Einrichtung des Büros für freie Wahlen wurde auf dem Pariser Gipfel 1990 gefasst. Das Büro wurde 1991 eröffnet.

XVII Die menschliche Dimension der OSZE: Eine Einführung

von Rechtsstaatlichkeit, demokratischer Staatsführung und Zivilgesellschaften, mit denen das BDIMR ständig und eng zusammenarbeitet. Durch Schulungen, Erfahrungsaustausch und regio- nale Koordinierung unterstützt das BDIMR auch die OSZE-Feldmissionen bei ihren Aktivitäten im Bereich der menschlichen Dimension. Zudem trägt es durch die Überwachung der Umsetzung der OSZE-Verpflichtungen im Bereich der menschlichen Dimension durch die Teilnehmerstaa- ten zur Frühwarnung und Konfliktverhütung bei. Zu diesem Zweck bietet das BDIMR auch re- gelmäßig Schulungen zum Thema Menschenrechte für Regierungsbehörden, die Zivilgesellschaft und OSZE-Personal an.

Weiterhin hilft das BDIMR den Teilnehmerstaaten auch bei der Umsetzung von völkerrechtlichen und OSZE-Verpflichtungen in Sachen Terrorismusbekämpfung (stets in Einklang mit internatio nalen Menschenrechtsstandards) sowie bei der Einhaltung ihrer Verpflichtungen in Bezug auf Toleranz und Nichtdiskriminierung. In diesem Zusammenhang unterstützt das BDIMR auch die Bemühungen, auf Hassverbrechen und Vorfälle von Rassismus, Antisemitismus und andere For- men von Intoleranz, auch gegenüber Menschen muslimischen Glaubens, zu reagieren und diese zu bekämpfen. Das BDIMR fungiert als OSZE-Kontaktstelle für Fragen der Roma und Sinti und bemüht sich um die vollständige Integration der Roma und Sinti in die Gesellschaften, in denen sie leben. Das BDIMR entwickelt in all seinen Arbeitsbereichen Strategien und Aktivitäten zur Gewährleistung der Gleichstellung der Geschlechter und implementiert konkrete Praktiken zur Verbesserung der Situation von Frauen in der OSZE-Region.

Um seine Aktivitäten im Bereich der menschlichen Dimension zu strukturieren, organisiert das BDIMR regelmäßige Treffen, auf denen Bestandsaufnahmen der OSZE-Verpflichtungen im Be- reich der menschlichen Dimension durchgeführt und Empfehlungen für Folgemaßnahmen aus- gesprochen werden. Bei all seinen Aktivitäten involviert das BDIMR ein Netz von Partnern, die in verwandten und angrenzenden Themenbereichen tätig sind. Dazu gehören internationale und lokale nichtstaatliche Menschenrechtsorganisationen sowie internationale Regierungsorganisatio nen, insbesondere das UN-Hochkommissariat für Menschenrechte sowie der Europarat.

B. Hoher Kommissar für nationale Minderheiten

Der 1992 in Den Haag eingerichtete Hohe Kommissar der OSZE für nationale Minderheiten hat die Aufgabe, ethnische Spannungen, die den Frieden, die Stabilität oder die freundschaftlichen Be- ziehungen zwischen den OSZE-Teilnehmerstaaten gefährden könnten, zu identifizieren und sich um eine rasche Lösung zu bemühen.

Der Hohe Kommissar führt unabhängig von den Konfliktparteien Missionen vor Ort durch und betreibt bereits im frühesten Stadium sich abzeichnender Spannungen präventive Diplomatie. Er bemüht sich von Anfang an um Informationen aus erster Hand und versucht, Dialog, Vertrauen und Zusammenarbeit zu fördern.

C. Der Beauftragte für Medienfreiheit

Der OSZE-Beauftragte für die Freiheit der Medien unterstützt die Teilnehmerstaaten bei der För- derung freier, unabhängiger und pluralistischer Medien, eines der Grundelemente einer funk- tionierenden pluralistischen Demokratie. Das Büro des OSZE-Beauftragten für die Freiheit der Medien befindet sich in Wien. Er beobachtet die Entwicklung der Medienlandschaft in allen Teil- nehmerstaaten und setzt sich für die Einhaltung der einschlägigen OSZE-Prinzipien und -Ver- pflichtungen ein.

XVIII Die menschliche Dimension der OSZE: Eine Einführung

5. Abschießende Bemerkungen

Die OSZE-Teilnehmerstaaten haben im Bereich der menschlichen Dimension ein beeindrucken- des Paket an Normen und Prinzipien geschaffen. Diese Dokumente beinhalten eine Fülle wichti- ger Menschenrechtsverpflichtungen und machen die OSZE zu einem Vorreiter in diesem Bereich. Die vorliegende Publikation soll sowohl die inhaltliche Kenntnis als auch die Umsetzung der zahl- reichen, oft sehr detaillierten Verpflichtungen, die die OSZE-Teilnehmerstaaten im Bereich der Menschenrechte und Grundfreiheiten sowie der Rechtsstaatlichkeit und der Demokratie einge- gangen sind, weiter fördern.

XIX In dieser Zusammenstellung erwähnte OSZE-Dokumente

Schlussakte der Konferenz über Sicherheit und Zusammenarbeit in Europa (KSZE), Helsinki, 1. August 1975 (nachfolgend Helsinki 1975)

Abschließendes Dokument des Madrider Treffens – Zweites Folgetreffen, Madrid, 6. September 1983 (nachfolgend Madrid 1983)

Abschließendes Dokument des Wiener Treffens – Drittes Folgetreffen, Wien, 15. Januar 1989 (nachfolgend Wien 1989)

Bericht über das Umweltschutztreffen, Sofia, 3. November 1989 (nachfolged Sofia 1989)

Dokument der Bonner Konferenz über Wirtschaftliche Zusammenarbeit in Europa, Bonn, 11. April 1990 (nachfolgend Bonn 1990)

Dokument des Kopenhagener Treffens der Konferenz über die menschliche Dimension der KSZE, Kopenhagen, 29. Juni 1990 (nachfolgend Kopenhagen 1990)

Charta von Paris für ein neues Europa / Zusatzdokument zur Durchführung einiger Bestimmungen der Charta von Paris für ein neues Europa, Paris, 21. November 1990 (nachfolgend Paris 1990)

Dokument des Krakauer Symposiums über das kulturelle Erbe der KSZE-Teilnehmerstaaten, Krakau, 6. Juni 1991 (nachfolgend Krakau 1991)

Bericht des Genfer KSZE-Expertentreffens über nationale Minderheiten, Genf, 19. Juli 1991 (nachfolgend Genf 1991)

Dokument des Moskauer Treffens der Konferenz über die menschliche Dimension der KSZE, Moskau, 3. Oktober 1991 (nachfolgend Moskau 1991)

Dokument des zweiten Treffens des Rates der KSZE, Prag, 30./31. Januar 1992 (nachfolgend Prag 1992)

Abschließendes Dokument des Helsinkier Treffens – viertes Folgetreffen, Helsinki, 10. Juli 1992 (nachfolgend Helsinki 1992)

Dokument des vierten Treffens des Rates der KSZE, Stockholm, 30.11.–14./15. Dezember 1992 (nachfolgend Stockholm 1992)

XX In dieser Zusammenstellung erwähnte OSZE-Dokumente

Dokument des vierten Treffens des Rates der KSZE, Rom, 30.11.–01.12.1993 (nachfolgend Rom 1993)

Abschließendes Dokument der Budapester KSZE-Konferenz, 6. Dezember 1994 (nachfolgend Budapest 1994)

Lisbon Document, Lisbon, 3 December 1996 (hereafter referred to as Lisbon 1996)

Dokument des sechsten Treffens des Ministerrats, Kopenhagen, 18./19. Dezember 1997 (nachfolgend Kopenhagen 1997)

Dokument des siebenten Treffens des Ministerrats, Oslo, 2./3. Dezember 1998 (nachfolgend Oslo 1998)

Dokument von Istanbul, Istanbul, 19. November 1999 (nachfolgend Istanbul 1999)

Dokument des achten Treffens des Ministerrats, Wien, 27./28. November 2000 (nachfolgend Wien 2000)

Dokument des neunten Treffens des Ministerrats, Bukarest, 3./4. Dezember 2001 (nachfolgend Bukarest 2001)

Dokument des zehnten Treffens des Ministerrats, Porto, 6./7. Dezember 2002 (nachfolgend Porto 2002)

Dokument des elften Treffens des Ministerrats, Maastricht, 1./2. Dezember 2003 (nachfolgend Maastricht 2003)

Dokument des elften Treffens des Ministerrats, Sofia, 6./7. Dezember 2004 (nachfolgend Sofia 2004)

Dokument des dreizehnten Treffens des Ministerrats, Ljubljana, 5./6. Dezember 2005 (nachfolgend Ljubljana 2005)

Dokument des vierzehnten Treffens des Ministerrats, Brüssel, 4./5. Dezember 2006 (nachfolgend Brüssel 2006)

Dokument des fünfzehnten Treffens des Ministerrats, Madrid, 29./30. November 2007 (nachfolgend Madrid 2007)

Dokument des sechzehnten Treffens des Ministerrats, Helsinki, 4./5. Dezember 2008 (nachfolgend Helsinki 2008)

Dokument des siebzehnten Treffens des Ministerrats, Athen, 1./2. Dezember 2009 (nachfolgend Athen 2009)

Gedenkerklärung von Astana, Astana, 2. Dezember 2010 (nachfolgend Astana 2010)

Dokument des achtzehnten Treffens des Ministerrats, Vilnius, 7. Dezember 2011 (nachfolgend Vilnius 2011)

XXI In dieser Zusammenstellung erwähnte OSZE-Dokumente

Dokument des neunzehnten Treffens des Ministerrats, Dublin, 7. Dezember 2012 (nachfolgend Dublin 2012)

Dokument des zwanzigsten Treffens des Ministerrats, Kiew, 6. Dezember 2013 (nachfolgend Kiew 2013)

Dokument des einundzwanzigsten Treffens des Ministerrats, Basel, 5. Dezember 2014 (nachfolgend Basel 2014)

Dokument des zweiundzwanzigsten Treffens des Ministerrats, Belgrad, 4. Dezember 2015 (nachfolgend Belgrad 2015)

Dokument des dreiundzwanzigsten Treffens des Ministerrats, Hamburg, 9. Dezember 2016 (nachfolgend Hamburg 2016)

Dokument des vierundzwanzigsten Treffens des Ministerrats, Wien, 8. Dezember 2017 (nachfolgend Wien 2017)

Dokument des fünfundzwanzigsten Treffens des Ministerrats, Mailand, 7. Dezember 2018 (nachfolgend Mailand 2018)

Dokument des siebenundzwanzigsten Treffens des Ministerrats, Tirana, 4. Dezember 2020 (nachfolgend Tirana 2020)

XXII Allgemeine Bestimmungen mit Bezug auf die menschliche Dimension 1. Einführung zur menschlichen Dimension 1 1.1 Wesen und Bedeutung der menschlichen Dimension

1.1 Wesen und Bedeutung der menschlichen Dimension

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzipien VII-IX)

Die Teilnehmerstaaten anerkennen die universelle Bedeutung der Menschenrechte und Grundfrei- heiten, deren Achtung ein wesentlicher Faktor für den Frieden, die Gerechtigkeit und das Wohl- ergehen ist, die ihrerseits erforderlich sind, um die Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwischen allen Staaten zu gewährleisten. (…)

Sie werden sich bei der Entwicklung ihrer Zusammenarbeit als Gleiche bemühen, gegenseitiges Verständnis und Vertrauen, freundschaftliche und gutnachbarliche Beziehungen untereinander, internationalen Frieden, internationale Sicherheit und Gerechtigkeit zu fördern. Sie werden sich gleichermaßen bemühen, bei der Entwicklung ihrer Zusammenarbeit das Wohlergehen der Völ- ker zu verbessern und zur Erfüllung ihrer Wünsche beizutragen, unter anderem durch die Vor- teile, die sich aus größerer gegenseitiger Kenntnis sowie dem Fortschritt und den Leistungen im wirtschaftlichen, wissenschaftlichen, technischen, sozialen, kulturellen und humanitären Bereich ergeben. Sie werden Schritte zur Förderung von Bedingungen unternehmen, die den Zugang al- ler zu diesen Vorteilen begünstigen; sie werden das Interesse aller berücksichtigen, insbesondere das Interesse der Entwicklungsländer in der ganzen Welt, Unterschiede im Stand der wirtschaft- lichen Entwicklung zu verringern.

Kopenhagen 1990(Präambel)

Die Teilnehmerstaaten bringen ihre Überzeugung zum Ausdruck, daß die volle Achtung der Men- schenrechte und Grundfreiheiten sowie die Entwicklung von Gesellschaftssystemen auf der Grund- lage von pluralistischer Demokratie und Rechtsstaatlichkeit Vorbedingung für einen Fortschritt beim Aufbau jener dauerhaften Ordnung von Frieden, Sicherheit, Gerechtigkeit und Zusammen- arbeit sind, die sie in Europa zu errichten wünschen.

(1) Die Teilnehmerstaaten bringen ihre Überzeugung zum Ausdruck, daß der Schutz und die För- derung der Menschenrechte und Grundfreiheiten eine der grundlegenden Aufgaben jeder Regie- rung ist, und bekräftigen, daß die Anerkennung dieser Rechte und Freiheiten die Grundlage für Freiheit, Gerechtigkeit und Frieden ist. (…)

(41) Teilnehmerstaaten bekräftigen ihr Bekenntnis zur menschlichen Dimension der KSZE und betonen deren Bedeutung als integraler Bestandteil eines ausgewogenen Herangehens an die Si- cherheit und Zusammenarbeit in Europa (…)

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Unwiderruflich bekennen wir uns zur Achtung der Menschenrechte und Grundfreiheiten (...)

3 1.1 Wesen und Bedeutung der menschlichen Dimension

Helsinki 1992 (Gipfelerklärung)

6. Wir begrüßen es, daß sich alle Teilnehmerstaaten auf unsere gemeinsamen Werte verpflichtet haben. Unsere gemeinsamen Ziele sind die Achtung der Menschenrechte und Grundfreiheiten, einschließlich der Rechte der Angehörigen nationaler Minderheiten, Demokratie, Rechtsstaat- lichkeit, wirtschaftliche Freiheit, soziale Gerechtigkeit und Verantwortung gegenüber der Um- welt. Sie sind unumstößlich (…)

21. Unser Ansatz gründet sich auf unser umfassendes Sicherheitskonzept, das mit der Schlußakte eingeleitet wurde.

Dieses Konzept verbindet die Erhaltung des Friedens mit der Achtung der Menschenrechte und Grundfreiheiten. Es stellt den Zusammenhang her zwischen Solidarität und Zusammenarbeit in den Bereichen Wirtschaft und Umwelt und friedlichen zwischenstaatlichen Beziehungen. Dies gilt in gleicher Weise für die Gestaltung des Wandels wie für die Notwendigkeit, Konfrontation abzubauen.

Abschnitt VI: Die menschliche Dimension

Budapest 1994 (Gipfelerklärung)

14. Wir bekräftigen die Bedeutung der menschlichen Dimension für sämtliche Aktivitäten der KSZE. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaat- lichkeit ist ein wesentlicher Bestandteil der Sicherheit und der Zusammenarbeit in der KSZE-Re- gion. Sie muß eines der vorrangigen Ziele der Tätigkeit der KSZE bleiben (…) Wir unterstreichen die Bedeutung menschlicher Kontakte im Hinblick auf die Bewältigung des Erbes alter Teilungen.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

2. Menschenrechte und Grundfreiheiten, Rechtsstaatlichkeit und demokratische Institutionen sind die Grundlagen für Frieden und Sicherheit und stellen einen entscheidenden Beitrag zur Konflikt- verhütung im Rahmen eines umfassenden Sicherheitskonzepts dar. Der Schutz der Menschen- rechte, einschließlich der Rechte von Angehörigen nationaler Minderheiten, ist eine wesentliche Grundlage der demokratischen bürgerlichen Gesellschaft. Die Mißachtung dieser Rechte hat in schwerwiegenden Fällen zu Extremismus, regionaler Instabilität und zu Konflikten geführt (…)

4 1 1.1 Wesen und Bedeutung der menschlichen Dimension

Istanbul 1999 (Europäische Sicherheitscharta: II. Unser gemeinsames Fundament)

7. Wir bekräftigen unser uneingeschränktes Bekenntnis zur Charta der Vereinten Nationen so- wie zur Schlussakte von Helsinki, zur Charta von Paris und zu allen anderen. OSZE-Dokumen- ten, denen wir zugestimmt haben. Diese Dokumente stellen unsere gemeinsamen Verpflichtungen dar und sind die Grundlage unserer Arbeit (…) Sie geben eindeutige Standards für den Umgang der Teilnehmerstaaten miteinander und mit allen Menschen in ihrem Hoheitsgebiet vor (…) Ihre Umsetzung in gutem Glauben ist unerlässlich für die Beziehungen zwischen den Staaten, zwischen den Regierungen und ihren Völkern sowie zwischen den Organisationen, denen sie angehören (…) Wir betrachten diese Verpflichtungen als unsere gemeinsame Errungenschaft (…) (…)

9. Wir werden unsere Beziehungen im Einklang mit dem Konzept der gemeinsamen und um- fassenden Sicherheit gestalten, im Sinne von gleichberechtigter Partnerschaft, Solidarität und Transparenz. Die Sicherheit jedes Teilnehmerstaats ist untrennbar mit der Sicherheit aller ande- ren verbunden. Wir werden uns mit der menschlichen, wirtschaftlichen, politischen und militä- rischen Dimension der Sicherheit als einem unteilbaren Ganzen befassen.

Porto 2002 (Erklärung des Ministerrats)

3. (…) muss unsere Organisation neue Antworten auf neuartige Bedrohungen unserer Sicherheit entwickeln, die alle drei Dimensionen unseres ganzheitlichen Ansatzes erfassen und stärken. Un- sere Bemühungen um die Förderung von Frieden und Stabilität müssen Hand in Hand gehen mit unserer Entschlossenheit, für die uneingeschränkte Achtung der Menschenrechte, der Grundfrei- heiten und der Rechtsstaatlichkeit zu sorgen und die unverzichtbaren Voraussetzungen für eine bestandfähige Entwicklung in allen unseren Staaten abzusichern.

Maastricht 2003 (I. OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert; Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

4. Die Achtung der Menschenrechte und Grundfreiheiten, der Demokratie und Rechtsstaatlichkeit ist der Grundpfeiler des umfassenden Sicherheitskonzepts der OSZE. Starke demokratische Institu- tionen und Rechtsstaatlichkeit tragen wesentlich dazu bei, dass Bedrohungen erst gar nicht entste- hen. Mängel in der Regierungsführung und Versäumnisse der Staaten in Bezug auf die Schaffung geeigneter und funktionierender demokratischer Institutionen, die für Stabilität sorgen, können an sich schon den Nährboden für eine Vielzahl von Bedrohungen bilden. Ebenso können systema- tische Verletzungen der Menschenrechte und Grundfreiheiten, einschließlich der Rechte von An- gehörigen nationaler Minderheiten, eine ganze Reihe potenzieller Bedrohungen entstehen lassen. (…)

8. Vor diesem Hintergrund wird deutlich, dass das umfassende Sicherheitskonzept der OSZE, dass die politisch-militärische, die ökonomische und ökologische und die menschliche Dimension um- fasst, nach wie vor volle Gültigkeit besitzt und beibehalten sowie weiter verstärkt werden sollte.

9. in der Erkenntnis, dass die Nichteinhaltung des Völkerrechts und der OSZE-Normen und -Prin- zipien sowie verschiedenste Faktoren der politisch-militärischen, Wirtschafts- und Umwelt- und menschlichen Dimension die tieferen Ursachen der unmittelbaren Auslöser gewaltsamer Kon- flikte sind,

5 1.1 Wesen und Bedeutung der menschlichen Dimension

Astana 2010

1. Wir, die Staats- und Regierungschefs der 56 Teilnehmerstaaten der OSZE, haben uns elf Jahre nach dem letzten OSZE-Gipfeltreffen in Istanbul in Astana versammelt, um uns erneut zur Vi- sion einer freien, demokratischen, gemeinsamen und unteilbaren euroatlantischen und eurasi- schen Sicherheitsgemeinschaft von Vancouver bis Wladiwostok zu bekennen, deren Grundlagen vereinbarte Prinzipien, gemeinsame Verpflichtungen und gemeinsame Ziele sind. Zum 35. Jah- restag der Schlussakte von Helsinki und zum 20. Jahrestag der Charta von Paris für ein neues Europa bekräftigen wir die Bedeutung der Prinzipien, auf denen diese Organisation beruht, und bekennen uns zu ihnen. Wir haben beachtliche Fortschritte gemacht, räumen aber auch ein, dass noch mehr getan werden muss, um sicherzustellen, dass diese Kernprinzipien und Verpflichtun- gen, die wir in der politisch-militärischen Dimension, in der Wirtschafts- und Umweltdimension und in der menschlichen Dimension, insbesondere im Bereich der Menschenrechte und Grund- freiheiten, eingegangen sind, zur Gänze geachtet und umgesetzt werden.

2. Wir bekräftigen unser uneingeschränktes Festhalten an der Charta der Vereinten Nationen und an allen OSZE-Normen, -Prinzipien und -Verpflichtungen, beginnend mit der Schlussakte von Hel- sinki, der Charta von Paris, der Europäischen Sicherheitscharta und allen anderen von uns ver- einbarten OSZE-Dokumenten, sowie unsere Verantwortung, sie vollständig und nach Treu und Glauben umzusetzen. Wir wiederholen unser Bekenntnis zu dem mit der Schlussakte von Hel- sinki eingeleiteten Konzept der umfassenden, kooperativen, gleichen und unteilbaren Sicherheit, das die Erhaltung des Friedens und die Achtung der Menschenrechte und Grundfreiheiten mit- einander in Beziehung setzt und die Verbindung zwischen der Zusammenarbeit in den Bereichen Wirtschaft und Umwelt und friedlichen zwischenstaatlichen Beziehungen herstellt. (…)

4. Diese Normen, Grundsätze und Verpflichtungen haben es uns ermöglicht, Fortschritte bei der Bewältigung alter Zwistigkeiten zu machen und der Demokratie, dem Frieden und der Einheit im gesamten OSZE-Raum näherzukommen. Sie müssen uns im 21. Jahrhundert in unserer gemein- samen Arbeit an der Verwirklichung der ehrgeizigen Vision von Helsinki und Paris für alle un- sere Völker weiter den Weg weisen. Diese und alle anderen OSZE-Dokumente geben eindeutige Standards für den Umgang der Teilnehmerstaaten miteinander und mit allen Menschen in ihrem Hoheitsgebiet vor. (…) (…)

6. Das umfassende und kooperative Sicherheitskonzept der OSZE, das die menschliche Dimension, die Wirtschafts- und Umweltdimension sowie die politisch-militärische Dimension der Sicherheit als unteilbares Ganzes betrachtet, ist und bleibt unverzichtbar. Von der Überzeugung getragen, dass die dem einzelnen Menschen innewohnende Würde im Mittelpunkt der umfassenden Sicher- heit steht, erklären wir erneut, dass die Menschenrechte und Grundfreiheiten unveräußerlich und ihr Schutz und ihre Förderung unsere höchste Verpflichtung sind. (…)

6 1 1.2 Die menschliche Dimension als Angelegenheit von unmittelbarem und berechtigtem internationalen Interesse

1.2 Die menschliche Dimension als Angelegenheit von unmittelbarem und berechtigtem internationalen Interesse

Moskau 1991 (Präambel)

Die Teilnehmerstaaten betonen, daß Fragen der Menschenrechte, Grundfreiheiten, Demokratie und Rechtsstaatlichkeit ein internationales Anliegen sind, da die Achtung dieser Rechte und Freiheiten eine der Grundlagen der internationalen Ordnung darstellt. Sie erklären mit großem Nachdruck und unwiderruflich, daß die im Bereich der menschlichen Dimension der KSZE eingegangenen Verpflichtungen ein unmittelbares und berechtigtes Anliegen aller Teilnehmerstaaten und eine nicht ausschließlich innere Angelegenheit des betroffenen Staates darstellen.

Lissabon 1996 (Erklärung von Lissabon über gemeinsames und umfassendes Sicherheitsmodell für Europa im einundzwanzigsten Jahrhundert)

5. Wir bekennen uns dazu, daß innerhalb der OSZE die Staaten ihren Bürgern Rechenschaft schul- den und einander verantwortlich für die Durchführung der OSZE-Verpflichtungen sind.

Istanbul 1999 (Europäische Sicherheitscharta: II. Unser gemeinsames Fundament)

7. (…) Alle OSZE-Verpflichtungen gelten ohne Ausnahme in gleicher Weise für alle Teilnehmer- staaten (…) Wir betrachten diese Verpflichtungen als unsere gemeinsame Errungenschaft und so- mit als Angelegenheiten, die für alle Teilnehmerstaaten unmittelbare und legitime Anliegen sind.

Astana 2010

3. (…) Wir bekräftigen ferner, dass alle OSZE-Prinzipien und -Verpflichtungen gleichermaßen und ausnahmslos für jeden Teilnehmerstaat gelten (…) Wir betrachten diese Verpflichtungen als unsere gemeinsame Errungenschaft und somit als Angelegenheiten, die für alle Teilnehmerstaa- ten unmittelbare und legitime Anliegen sind.

6. (…). Wir erklären kategorisch und unwiderruflich, dass die im Bereich der menschlichen Dimen- sion eingegangenen Verpflichtungen ein unmittelbares und berechtigtes Anliegen aller Teilnehmer- staaten und nicht ausschließlich eine innere Angelegenheit des betroffenen Staates darstellen.(…)

7 2. Umsetzung von Verpflichtungen 2.1 Die Pflicht zur Implementierung

2.1 Die Pflicht zur Implementierung

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die 2 Beziehungen der Teilnehmerstaaten leiten, Prinzipien VII-X)

[The participating States] (…) werden diese Rechte und Freiheiten in ihren gegenseitigen Beziehun- gen stets achten und sich einzeln und gemeinsam, auch in Zusammenarbeit mit den Vereinten Na- tionen, bemühen, die universelle und wirksame Achtung dieser Rechte und Freiheiten zu fördern. (…)

Bei der Ausübung ihrer souveränen Rechte, einschließlich des Rechtes, ihre Gesetze und Verord- nungen zu bestimmen, werden sie ihren rechtlichen Verpflichtungen aus dem Völkerrecht ent- sprechen; sie werden ferner die Bestimmungen der Schlußakte der Konferenz über Sicherheit und Zusammenarbeit in Europa gebührend berücksichtigen und durchführen. (…)

Alle die vorstehend aufgeführten Prinzipien sind von grundlegender Bedeutung und werden folg- lich gleichermaßen und vorbehaltlos angewendet, wobei ein jedes von ihnen unter Beachtung der anderen ausgelegt wird.

Die Teilnehmerstaaten erklären ihre Entschlossenheit, diese Prinzipien, so wie sie in der vorlie- genden Erklärung gelegt sind, voll in allen Aspekten in ihren gegenseitigen Beziehungen und ihrer Zusammenarbeit zu achten und anzuwenden, um jedem Teilnehmerstaat die Vorteile zu sichern, die sich aus der Achtung und der Anwendung dieser Prinzipien durch alle ergeben.

Madrid 1983 (Fragen der Sicherheit in Europa: Präambel)

Die Teilnehmerstaaten bringen ihre Entschlossenheit zum Ausdruck (…)

Konsequent alle Bestimmungen der Schlußakte zu erfüllen, insbesondere alle in der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, enthaltenen zehn Prinzi- pien ungeachtet ihrer politischen, wirtschaftlichen oder sozialen Systeme als auch ihrer Größe, geographischen Lage oder ihres wirtschaftlichen Entwicklungsstandes strikt und uneingeschränkt zu achten und in die Praxis umzusetzen (…)

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Die Teilnehmerstaaten unterstreichen ihre Entschlossenheit, die wirksame Ausübung der Men- schenrechte und Grundfreiheiten, die sich alle aus der dem Menschen innewohnenden Würde er- geben und für seine freie und volle Entfaltung wesentlich sind, zu fördern und zu ermutigen, und ständige und spürbare Fortschritte in Übereinstimmung mit der Schlußakte zu sichern, mit dem Ziel einer weiteren und stetigen Entwicklung auf diesem Gebiet in allen Teilnehmerstaaten, un- geachtet ihres politischen, wirtschaftlichen und sozialen Systems.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Unwiderruflich bekennen wir uns zur Achtung der Menschenrechte und Grundfreiheiten. Wir wollen die Bestimmungen über die menschliche Dimension der KSZE in vollem Umfang durch- führen und auf ihnen aufbauen.

9 2.1 Die Pflicht zur Implementierung

Moskau 1991 (Präambel)

Helsinki 1992 (Gipfelerklärung)

6. Die Einhaltung unserer Verpflichtungen bildet die Basis für Mitwirkung und Zusammenarbeit in der KSZE und einen Eckpfeiler für die weitere Entwicklung unserer Gesellschaften.

Istanbul 1999 (Europäische Sicherheitscharta: II. Unser gemeinsames Fundament)

7. Wir bekräftigen unser uneingeschränktes Bekenntnis zur Charta der Vereinten Nationen so- wie zur Schlussakte von Helsinki, zur Charta von Paris und zu allen anderen. Diese Dokumente stellen unsere gemeinsamen Verpflichtungen dar und sind die Grundlage unserer Arbeit (…) Alle OSZE-Verpflichtungen gelten ohne Ausnahme in gleicher Weise für alle Teilnehmerstaaten. Ihre Umsetzung in gutem Glauben ist unerlässlich für die Beziehungen zwischen den Staaten, zwischen den Regierungen und ihren Völkern sowie zwischen den Organisationen, denen sie angehören. Die Teilnehmerstaaten schulden ihren Bürgern Rechenschaft und sind einander verantwortlich für die Durchführung ihrer OSZE-Verpflichtungen. Wir betrachten diese Verpflichtungen als un- sere gemeinsame Errungenschaft und somit als Angelegenheiten, die für alle Teilnehmerstaaten unmittelbare und legitime Anliegen sind.

Brüssel 2006 (Beschluss Nr. 19/06 über die Stärkung der Wirksamkeit der OSZE)

Der Ministerrat, (…)

3. erinnert die Teilnehmerstaaten daran, dass ihre Rechtsvorschriften und Praktiken stets im Ein- klang mit den OSZE-Verpflichtungen stehen sollten;

4. nimmt Kenntnis von der Beurteilung des aktuellen Standes der Durchführung bestehender Ver- pflichtungen durch die Teilnehmerstaaten und betont insbesondere, dass die Teilnehmerstaaten selbst die Verantwortung für die wirksame Umsetzung ihrer im Rahmen der OSZE eingegangenen Verpflichtungen tragen. In dieser Hinsicht spielt das BDIMR eine wichtige unterstützende Rolle; (…)

Astana 2010

1. (…) Zum 35. Jahrestag der Schlussakte von Helsinki und zum 20. Jahrestag der Charta von Pa- ris für ein neues Europa bekräftigen wir die Bedeutung der Prinzipien, auf denen diese Organi- sation beruht, und bekennen uns zu ihnen. Wir haben beachtliche Fortschritte gemacht, räumen aber auch ein, dass noch mehr getan werden muss, um sicherzustellen, dass diese Kernprinzipien und Verpflichtungen, die wir in der politisch-militärischen Dimension, in der Wirtschafts- und Umweltdimension und in der menschlichen Dimension, insbesondere im Bereich der Menschen- rechte und Grundfreiheiten, eingegangen sind, zur Gänze geachtet und umgesetzt werden.

10 2.2 Methoden der Implementierung

uns vereinbarten OSZE-Dokumenten, sowie unsere Verantwortung, sie vollständig und nach Treu und Glauben umzusetzen. (…) 2 3. (…). Wir bekräftigen ferner, dass alle OSZE-Prinzipien und -Verpflichtungen gleichermaßen und ausnahmslos für jeden Teilnehmerstaat gelten, und wir betonen, dass wir untereinander und gegenüber unseren Bürgern für ihre volle Umsetzung einstehen werden. Wir betrachten diese Ver- pflichtungen als unsere gemeinsame Errungenschaft und somit als unmittelbare und berechtigte Anliegen aller Teilnehmerstaaten.

4. Diese Normen, Grundsätze und Verpflichtungen haben es uns ermöglicht, Fortschritte bei der Bewältigung alter Zwistigkeiten zu machen und der Demokratie, dem Frieden und der Einheit im gesamten OSZE-Raum näherzukommen. Sie müssen uns im 21. Jahrhundert in unserer ge- meinsamen Arbeit an der Verwirklichung der ehrgeizigen Vision von Helsinki und Paris für alle unsere Völker weiter den Weg weisen. Diese und alle anderen OSZE-Dokumente geben eindeu- tige Standards für den Umgang der Teilnehmerstaaten miteinander und mit allen Menschen in ihrem Hoheitsgebiet vor. (…)

6. (…) Von der Überzeugung getragen, dass die dem einzelnen Menschen innewohnende Würde im Mittelpunkt der umfassenden Sicherheit steht, erklären wir erneut, dass die Menschenrechte und Grundfreiheiten unveräußerlich und ihr Schutz und ihre Förderung unsere höchste Ver- pflichtung sind.

2.2 Methoden der Implementierung

2.2.1 Allgemeine Bestimmungen, einschließlich Menschenrechtsbildung

Helsinki 1975 (Folgen der Konferenz)

Die Teilnehmerstaaten, (…)

1. Erklärungen ihre Entschlossenheit, in der Folgezeit der Konferenz die Bestimmungen der Schluß- akte der Konferenz gebührend zu berücksichtigen und sie anzuwenden: (a) unilateral in allen Fällen, die sich für ein solches Vorgehen eignen; (b) bilateral durch Verhandlungen mit anderen Teilnehmerstaaten; (c) multilateral durch Treffen von Experten der Teilnehmerstaaten sowie im Rahmen der beste- henden internationalen Organisationen, wie der Wirtschaftskommission der Vereinten Nationen für Europa und der UNESCO in bezug auf die Zusammenarbeit in den Bereichen der Bildung, der Wissenschaft und der Kultur;

2. Erklären ferner ihre Entschlossenheit, den durch die Konferenz eingeleiteten multilateralen Prozeß fortzusetzen: (a) indem sie einen vertieften Meinungsaustausch vornehmen, sowohl über die Durchführung der Bestimmungen der Schlußakte und die Ausführung der von der Konferenz definierten Aufgaben (…) (…)

11 2.2.1 Allgemeine Bestimmungen, einschließlich Menschenrechtsbildung

Der Text der vorliegenden Schlußakte wird in jedem Teilnehmerstaat veröffentlicht, der ihn so umfassend wie möglich verbreitet und bekanntmacht.

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Sie bekräftigen ihre Entschlossenheit, diese Prinzipien voll zu achten und anzuwenden und folg- lich mit allen Mitteln, sowohl rechtlich als auch praktisch, ihre höhere Wirksamkeit zu fördern. Sie sind der Auffassung, daß eines dieser Mittel darin bestehen könnte, den zehn in der Schluß- akte niedergelegten Prinzipien in der der Praxis und den Verfahrensweisen eines jeden Landes gemäßen Form in den einzelnen Gesetzgebungen Ausdruck zu verleihen. (…)

Sie bekräftigen die besondere Bedeutung der Allgemeinen Erklärung der Menschenrechte, der In- ternationalen Konventionen über Menschenrechte und anderer einschlägiger internationaler Do- kumente für ihre gemeinsam und einzeln unternommenen Anstrengungen zur Stimulierung und Entwicklung der universellen Achtung der Menschenrechte und Grundfreiheiten; sie appellieren an alle Teilnehmerstaaten, im Einklang mit diesen internationalen Dokumenten zu handeln, und fordern die Teilnehmerstaaten, die dies noch nicht getan haben, auf, die Möglichkeit des Beitritts zu den Konventionen zu prüfen.

Kopenhagen 1990

(5) [Die Teilnehmerstaaten] erklären feierlich, daß unter den Elementen, die die Gerechtigkeit aus- machen, die folgenden wesentlich für den umfassenden Ausdruck der dem Menschen innewoh- nenden Würde und der für alle Menschen gleichen und unveräußerlichen Rechte sind: (…) (5.21) – Als Ergänzung der internen Rechtsmittel und um die Einhaltung der von den Teilneh- merstaaten eingegangenen internationalen Verpflichtungen wirksamer zu gewährleisten, werden sie erwägen, einer internationalen Konvention mit regionalem oder universellem Charakter über den Schutz der Menschenrechte wie der Europäischen Menschenrechtskonvention oder dem Fa- kultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte beizutreten, die Verfahren der Rechtsmitteleinlegung durch einzelne vor internationalen Instanzen vorsehen.

Moskau 1991

(42) Die Teilnehmerstaaten (42.1) – bekräftigen, daß der Unterricht über Menschenrechte von grundlegender Bedeutung ist und daher die Notwendigkeit besteht, ihre Staatsangehörigen über Menschenrechte und Grund- freiheiten ebenso zu unterrichten wie über die Verpflichtung, solche Rechte und Freiheiten in der nationalen Gesetzgebung und in internationalen Dokumenten zu achten, zu deren Vertragspar- teien sie zählen; (42.2) – anerkennen, daß ein wirksamer Unterricht über Menschenrechte einen Beitrag zur Be- kämpfung von Intoleranz, von Vorurteilen und Haß aus religiösen, rassischen und ethnischen Gründen – auch gegen Roma -, von Xenophobie und Antisemitismus leistet; (42.3) – werden ihre für Ausbildungsprogramme zuständigen Behörden dazu ermutigen, wirksame, die Menschenrechte einbeziehende Lehrpläne und Lehrgänge für Schüler und Studenten auf allen Ebenen auszuarbeiten, insbesondere für Studenten der Rechtswissenschaften, der Verwaltungs- und

12 2.2.1 Allgemeine Bestimmungen, einschließlich Menschenrechtsbildung

Gesellschaftswissenschaften sowie für jene, die eine Ausbildung beim Militär, bei der Polizei und in Schulen des öffentlichen Dienstes durchlaufen; (42.4) – werden Lehrkräften Informationen über alle Bestimmungen der menschlichen Dimen- 2 sion der KSZE zur Verfügung stellen; (42.5) – werden Organisationen und Bildungseinrichtungen dazu ermutigen, bei der Erarbeitung und beim Austausch von Menschenrechtsprogrammen sowohl auf nationaler als auch internatio- naler Ebene zusammenzuarbeiten; (42.6) – werden bestrebt sein zu gewährleisten, daß Aktivitäten, die auf eine Förderung des Un- terrichts über Menschenrechte in einem weiteren Sinne ausgerichtet sind, die Erfahrungen, Pro- gramme und Formen der Zusammenarbeit innerhalb bestehender internationaler staatlicher und nichtstaatlicher Gremien, zum Beispiel der Vereinten Nationen und des Europarats, berücksichtigen.

Laibach 2005 (Beschluss Nr. 11/05 über die Förderung der Menschenrechtserziehung und – Ausbildung im OSZE-Raum)

Der Ministerrat, (…)

in der Erkenntnis, dass die Förderung der Menschenrechte durch Erziehung und Ausbildung im gesamten OSZE-Raum im Zusammenhang mit dem umfassenden Sicherheitskonzept der OSZE gesehen werden kann und für die Stärkung der Achtung der Menschenrechte und Grundfreihei- ten ganz wesentlich ist, ebenso wie für die Förderung von Toleranz und Nichtdiskriminierung,

angesichts des zusätzlichen Wertes einer breit gefächerten Zusammenarbeit einschließlich Kon- sultation, Kooperation und Koordination mit einschlägigen internationalen und regionalen Orga- nisationen, sowie des Nutzens, den die Länder aus den Erfahrungen und Fähigkeiten der anderen auf dem Gebiet der Menschenrechtserziehung und -ausbildung ziehen können,

Unter Berücksichtigung der Bemühungen anderer internationaler Organisationen einschließlich des VN-Weltprogramms für Menschenrechtsbildung, des Programms des Europarats für Erzie- hung zu demokratischer Bürgerschaft sowie seines Jugendprogramms All Different, All Equal und der Europäischen Initiative der EU für Demokratie und Menschenrechte sowie der auf einzelstaat- licher Ebene durchgeführten Programme,

in Anerkennung des Beitrags des BDIMR und anderer OSZE-Strukturen, -Institutionen und -Feld- einsätze zur Förderung der Menschenrechtserziehung und -ausbildung in Zusammenarbeit mit den Teilnehmerstaaten,

entschlossen, die Bemühungen der OSZE zur Förderung von Programmen für Menschenrechts- erziehung und -ausbildung im OSZE-Raum weiter zu verstärken und die Unterstützung der Or- ganisation für die Teilnehmerstaaten auf deren Ersuchen bei der Durchführung ihrer nationalen Programme auf dem Gebiet der Menschenrechtserziehung auszudehnen,

lädt die Teilnehmerstaaten dazu ein, unter Einbindung der Zivilgesellschaft Programme für sys- tematische Menschenrechtserziehung und -ausbildung, die die Achtung der allen Menschen inne- wohnenden Würde fördern sollen, weiter auszubauen und die Menschenrechte für jeden Einzelnen in jeder Gemeinschaft und in der Gesellschaft insgesamt zu einer erfahrbaren Realität zu machen;

beschließt, die Bemühungen der OSZE zur Zusammenarbeit mit anderen internationalen Organi- sationen und Nichtregierungsorganisationen zu verstärken und zu diesem Zweck die notwendigen

13 2.2.2 Methoden der Implementierung

Maßnahmen zur Förderung der Menschenrechtserziehung und -ausbildung zu treffen, wobei die Jugend im OSZE-Raum einen besonderen Schwerpunkt bilden sollte; (…)

2.2.2 Methoden der Implementierung

Helsinki 1992 (Beschlüsse: I. Stärkung der KSZE-Institutionen und -Strukturen)

(26) Eine gründliche Überprüfung der Durchführung der KSZE-Verpflichtungen wird bei KSZE- Aktivitäten auch weiterhin eine herausragende Rolle spielen und damit die Zusammenarbeit zwi- schen den Teilnehmerstaaten verstärken.

(27) Durchführungsüberprüfungen finden regelmäßig bei Überprüfungskonferenzen sowie bei den zu diesem Zweck vom BDIMR, dem KVZ (…) wie in den einschlägigen KSZE-Dokumenten festgelegt – veranstalteten speziellen Treffen statt.

(28) Diese Durchführungsüberprüfungen werden einen kooperativen Charakter und umfassen- den Ansatz haben und sich zugleich mit spezifischen Angelegenheiten befassen.

(29) Die Teilnehmerstaaten werden eingeladen, Beiträge über ihre Erfahrungen bei der Durch- führung zu leisten, unter besonderer Berücksichtigung der Schwierigkeiten, auf die sie gestoßen sind, und ihre Ansichten zur Durchführung im gesamten KSZE-Gebiet zu unterbreiten. Die Teil- nehmerstaaten werden ermutigt, Beschreibungen ihrer Beiträge vor dem Treffen zu zirkulieren.

(30) Überprüfungen sollten die Möglichkeit bieten, erforderlichen Handlungsbedarf für das Her- angehen an Probleme zu identifizieren. Treffen, auf denen Durchführungsüberprüfungen stattfin- den, können den AHB auf jeden Vorschlag für Maßnahmen zur Verbesserung der Durchführung, die sie für ratsam halten, hinweisen.

Budapest 1994 (Gipfelerklärung)

14. (…) Regelmäßige Überprüfungen der Durchführung unserer Verpflichtungen, die in der ge- samten KSZE von grundlegender Bedeutung sind, sind im Bereich der menschlichen Dimension absolut erforderlich.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

5. Aufbauend auf die Strukturen der Durchführungsüberprüfung des Helsinki-Dokuments 1992 und zur Verbesserung der Implementierung im Bereich der menschlichen Dimension werden die Teilnehmerstaaten den Ständigen Rat für einen verstärkten Dialog über die menschliche Dimen- sion und für mögliche Maßnahmen bei versäumter Durchführung nutzen. Zu diesem Zweck be- schließen die Teilnehmerstaaten, daß Fragen der menschlichen Dimension vom Ständigen Rat regelmäßig behandelt werden (…)

6. Sie ermutigen den amtierenden Vorsitzenden, den Ständigen Rat über schwerwiegende Fälle von mutmaßlichen Versäumnissen bei der Durchführung von Verpflichtungen im Bereich der menschlichen Dimension zu informieren, darunter auch auf der Grundlage von Informationen des BDIMR, von Berichten und Empfehlungen des Hohen Kommissars für nationale Minderheiten

14 2.2.2 Methoden der Implementierung

(HKNM) oder von Berichten der Leiter von KSZE-Missionen sowie von Informationen aus dem betroffenen Staat. 2 Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

14. (…) Wir bekräftigen jeder für sich unsere Bereitschaft, uns voll und ganz an unsere Verpflich- tungen zu halten. Wir werden im Geiste der Solidarität und der Partnerschaft gemeinsam für die laufende Überprüfung der Durchführung sorgen (…) Wir werden im Geiste der Solidarität und der Partnerschaft gemeinsam für die laufende Überprüfung der Durchführung sorgen (…)

Brüssel 2006 (Beschluss Nr. 17/06 über die Verbesserung des Konsultationsprozeses)

Der Ministerrat, (…)

beschließt die Einrichtung folgender Ausschüsse als informelle nachgeordnete Gremien des Stän- digen Rates: (…)

einen Ausschuss zur menschlichen Dimension mit folgenden Aufgaben:

Erörterung von Fragen der menschlichen Dimension, einschließlich Umsetzung der Verpflich- tungen der Teilnehmerstaaten;

Unterstützung bei der Vorbereitung der Implementierungstreffen zur menschlichen Dimension und anderer Treffen zur menschlichen Dimension;

Behandlung dimensionsübergreifender Fragen mit besonderem Bezug zur menschlichen Dimen- sion auf Ersuchen des Vorsitzes und in Rücksprache mit den Teilnehmerstaaten;

Erörterung von Empfehlungen an den Ständigen Rat zum Arbeitsprogramm, einschließlich Maß- nahmen zur Nachbereitung von Empfehlungen, die auf den Treffen zur menschlichen Dimension abgegeben wurden; beschließt ferner, dass

zu Beginn jedes Jahres der Vorsitz in Absprache mit den Teilnehmerstaaten die Aufgaben der an- geführten Ausschüsse näher ausführt und ein Arbeitsprogramm festlegt, das die Zielsetzungen und Prioritäten der Organisation sowie die Notwendigkeit berücksichtigt, für eine entsprechende Behandlung der zur Prüfung anstehenden dimensionsübergreifenden Fragen Sorge zu tragen. (…)

Die angeführten Ausschüsse werden informell zusammentreten und dem Ständigen Rat Bericht erstatten, ihn beraten, Empfehlungen an ihn richten und über den Vorbereitungsausschuss ein- schlägige Beschlüsse für den Ständigen Rat vorbereiten. Für die Arbeit der Ausschüsse gelten die einschlägigen Bestimmungen der OSZE-Geschäftsordnung, insbesondere Abschnitt V (A). (…)

In der Regel tritt jeder Ausschuss mindestens einmal im Monat zusammen. Auf Initiative des Vor- sitzes oder des Vorsitzenden des Ausschusses oder auf Ersuchen eines oder mehrerer Teilnehmer- staaten kann jeder Ausschuss so oft wie nötig zusammentreten, wenn Konsultationen notwendig sind oder Beschlussfassungen des Ständigen Rates vorbereitet werden müssen. Der Vorsitz und

15 2.2.3 Wahlbeobachtung

die Vorsitzenden der Ausschüsse werden es vermeiden, Sitzungen mehrerer informeller nachge- ordneter Gremien gleichzeitig anzusetzen.

Die Ausschüsse werden in ihren Zuständigkeitsbereich fallenden Fragen auf Ersuchen des Vorsit- zes, des Ständigen Rates oder eines oder mehrerer Teilnehmerstaaten prüfen.

Die Absätze 6 bis 9 von Abschnitt V (A) der OSZE-Geschäftsordnung gelten in derselben Weise für die Teilnahme an den Sitzungen der drei neu eingerichteten Ausschüsse wie für die Teilnahme an Sitzungen des Vorbereitungsausschusses.

Das Sekretariat der OSZE wird die Tätigkeit der Ausschüsse unterstützen.

Dieser Beschluss gilt ab 1. Januar 2007 für die Dauer eines Jahres. Der Ständige Rat wird ihn Ende 2007 überprüfen und über eine mögliche Verlängerung in Anbetracht der Erfahrungen mit der neuen Struktur entscheiden.

Brüssel 2006 (Beschluss Nr. 19/06 über die Stärkung der Wirksamkeit der OSZE)

Der Ministerrat, (…)

2. registriert mit Anerkennung, dass das BDIMR in Wahrnehmung seines Mandats seine Fähig- keit unter Beweis gestellt hat, den Teilnehmerstaaten bei der Erfüllung ihrer Verpflichtungen in der menschlichen Dimension Hilfestellung zu leisten;

3. erinnert die Teilnehmerstaaten daran, dass ihre Rechtsvorschriften und Praktiken stets im Ein- klang mit den OSZE-Verpflichtungen stehen sollten;

5. beauftragt den Ständigen Rat, sich unter Berücksichtigung der Empfehlungen des BDIMR und anderer einschlägiger OSZE-Institutionen mit den Durchführungsproblemen in den im Bericht genannten Bereichen zu befassen, wobei unter Umständen besserer Gebrauch von der Unterstüt- zung durch das BDIMR gemacht werden sollte; (…)

2.2.3 Wahlbeobachtung

Kopenhagen 1990

(8) Teilnehmerstaaten vertreten die Auffassung, daß, wenn Wahlen abgehalten werden, die Anwe- senheit von Beobachtern sowohl aus dem In- als auch aus dem Ausland für den Wahlprozeß von Vorteil ist. Aus diesem Grund werden sie Beobachter aus anderen KSZE-Teilnehmerstaaten sowie alle geeigneten privaten Institutionen und Organisationen, die dies wünschen, einladen, den Ver- lauf ihrer landesweiten Wahlen zu beobachten, soweit dies gesetzlich zulässig ist. Ebenso werden sie sich bemühen, einen gleichartigen Zugang zu Wahlen unterhalb der nationalen Ebene zu er- möglichen. Diese Beobachter verpflichten sich, nicht in das Wahlgeschehen einzugreifen.

16 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

(…)

(12) Die Teilnehmerstaaten, von dem Wunsche geleitet, eine größere Transparenz bei der Durch- 2 führung der im Abschließenden Dokument von Wien unter der Überschrift Menschliche Dimen- sion der KSZE eingegangenen Verpflichtungen sicherzustellen, beschließen, als vertrauensbildende Maßnahme von Teilnehmerstaaten entsandte Beobachter sowie Vertreter nichtstaatlicher Orga- nisationen und andere interessierte Personen gemäß den nationalen Rechtsvorschriften und dem Völkerrecht zu Gerichtsverfahren zuzulassen; es gilt als vereinbart, daß Verhandlungen unter Aus- schluß der Öffentlichkeit nur unter den im Gesetz vorgesehenen Umständen und in Einklang mit völkerrechtlichen und anderen internationalen Verpflichtungen stattfinden dürfen.

2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

14 (…) Wir bekräftigen jeder für sich unsere Bereitschaft, uns voll und ganz an unsere Verpflich- tungen zu halten. Wir tragen aber auch gemeinsam die Verantwortung für die Einhaltung der OSZE-Prinzipien. Wir sind bereit, von den Instrumenten und Mechanismen (…) Gebrauch zu machen (…) Wir werden im Geiste der Solidarität und der Partnerschaft gemeinsam für die lau- fende Überprüfung der Durchführung sorgen.

A. Wiener Mechanismus

Wien 1989 (Menschliche Dimension der KSZE)

Die Teilnehmerstaaten,

Unter Hinweis auf die in der Schlußakte und in anderen KSZE-Dokumenten eingegangenen Ver- pflichtungen betreffend die Achtung aller Menschenrechte und Grundfreiheiten, die menschlichen Kontakte und andere Fragen von gleichfalls humanitärer Art,

In Erkenntnis der Notwendigkeit, die Durchführung ihrer KSZE-Verpflichtungen und ihre Zu- sammenarbeit auf diesen Gebieten, auf die im folgenden als menschliche Dimension der KSZE Bezug genommen wird, zu verbessern,

Haben auf der Grundlage der Prinzipien und Bestimmungen der Schlußakte und anderer ein- schlägiger KSZE-Dokumente beschlossen:

1. Informationen auszutauschen sowie Informationsersuchen und Vorstellungen, die von anderen Teilnehmerstaaten zu Fragen der menschlichen Dimension der KSZE an sie herangetragen wer- den, zu beantworten. Solche Mitteilungen können auf diplomatischem Wege übermittelt oder an jede für diese Zwecke bestimmte Stelle gerichtet werden;

2. bilaterale Treffen mit anderen Teilnehmerstaaten, die darum ersuchen, abzuhalten, um Fragen betreffend die menschliche Dimension der KSZE, einschließlich Situationen und konkreter Fälle, mit dem Ziel ihrer Lösung zu prüfen. Zeit und Ort solcher Treffen werden in gegenseitigem Ein- vernehmen auf diplomatischem Wege vereinbart;

3. daß jeder Teilnehmerstaat, der es als notwendig erachtet, Situationen und Fälle, die unter die menschliche Dimension der KSZE fallen, einschließlich jener, die bei den in Absatz 2 beschriebenen

17 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

bilateralen Treffen angesprochen wurden, anderen Teilnehmerstaaten auf diplomatischem Wege zur Kenntnis bringen kann;

4. daß jeder Teilnehmerstaat, der es als notwendig erachtet, bei den Treffen der Konferenz über die Menschliche Dimension wie auch bei den KSZE-Hauptfolge- treffen über den Informationsaus- tausch und die auf seine Informationsersuchen und Vorstellungen erfolgten Antworten (Absatz 1) und über die Ergebnisse der bilateralen Treffen (Absatz 2) Informationen zur Verfügung stellen kann, einschließlich von Informationen über Situationen und konkrete Fälle. (…)

Kopenhagen 1990

(42) Teilnehmerstaaten erkennen die Notwendigkeit an, die Wirksamkeit der in den Absätzen 1 bis 4 des Kapitels über die menschliche Dimension der KSZE im Abschließenden Dokument von Wien beschriebenen Verfahren weiter zu erhöhen und beschließen zu diesem Zweck (42.1) – Informationsersuchen und schriftlich eingebrachte Vorstellungen, die von anderen Teil- nehmerstaaten gemäß Absatz 1 an sie herangetragen werden, so rasch wie möglich, jedoch spä- testens binnen vier Wochen, in schriftlicher Form zu beantworten; (42.2) – daß die bilateralen Treffen gemäß Absatz 2 so schnell wie möglich, in der Regel innerhalb von drei Wochen ab dem Tag des Ersuchens, durchgeführt werden; (42.3) – bei einem bilateralen Treffen gemäß Absatz 2 auf die Behandlung von Situationen und Fällen zu verzichten, die mit dem Thema des Treffens nicht in Zusammenhang stehen, es sei denn, beide Seiten stimmen zu.

B. Moskauer Mechanismus

Moskau 1991 (Präambel und Abschnitt I – geändert Rom 1993)

Um den im Abschnitt über die menschliche Dimension der KSZE im Abschließenden Dokument des Wiener Treffens beschriebenen Mechanismus der menschlichen Dimension zu festigen und zu erweitern und um auf den im Dokument des Kopenhagener Treffens enthaltenen Verpflichtungen aufzubauen und dieser zu vertiefen, nehmen die Teilnehmerstaaten folgendes an: (…)

(1) Die Teilnehmerstaaten unterstreichen, daß der in den Punkten 1 bis 4 des Abschnittes über die menschliche Dimension der KSZE des Abschließenden Dokuments des Wiener Treffens beschrie- bene Mechanismus der menschlichen Dimension eine wesentliche Errungenschaft des KSZE-Prozes- ses darstellt, der sich als Mittel zur Förderung der Achtung von Menschenrechten, Grundfreiheiten, Demokratie und Rechtsstaatlichkeit durch Dialog und Zusammenarbeit und zur Unterstützung der Lösung bestimmter einschlägiger Fragen bewährt hat. Um die Verwirklichung der KSZE-Ver- pflichtungen im Bereich der menschlichen Dimension weiter zu verbessern, beschließen sie, die Wirksamkeit dieses Mechanismus zu erhöhen und ihn – wie in den nachfolgenden Ziffern darge- legt – zu stärken und zu erweitern.

(2) Die Teilnehmerstaaten ändern Ziffer 42.1 und 42.2 des Dokuments des Kopenhagener Tref- fens dahingehend ab, daß sie auf Informationsersuchen und Vorstellungen, die von anderen Teil- nehmerstaaten – wie unter Punkt 1 des Mechanismus der menschlichen Dimension festgelegt – in schriftlicher Form an sie herangegangen wurden, eine schriftliche Antwort in kürzestmöglicher

18 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

Zeit, jedoch spätestens nach zehn Tagen, erteilen werden. Bilaterale Treffen – wie in Punkt 2 des Mechanismus der menschlichen Dimension festgelegt – werden so rasch wie möglich, üblicher- weise aber innerhalb einer Woche nach dem Ersuchen abgehalten. 2 (3) Eine Liste, die pro Teilnehmerstaat bis zu sechs von diesem ernannte Experten umfaßt, wird unverzüglich bei der KSZE-Institution erstellt.* Die Experten werden namhafte Persönlichkeiten, einschließlich – wann immer möglich – Experten mit Erfahrung in Fragen mit Bezug auf nationale Minderheiten, vorzugsweise mit einem hohen Maß an Erfahrung im Bereich der menschlichen Di- mension sein, von denen eine unparteiische Wahrnehmung ihrer Aufgaben erwartet werden kann.

Die Experten werden nach freiem Ermessen des ernennenden Teilnehmerstaates für einen Zeit- raum von drei bis sechs Jahren ernannt, wobei jedoch kein Experte diese Funktion länger als zwei aufeinanderfolgende Perioden ausüben darf. innerhalb von vier Wochen nach Bekanntgabe der Ernennung durch die KSZE-Institution kann jeder Teilnehmerstaat Vorbehalte gegen höchstens zwei der von einem anderen Teilnehmerstaat ernannten Experten erheben. In einem solchen Fall kann der ernennende Staat innerhalb von vier Wochen nach Bekanntgabe solcher Vorbehalte seine Entscheidung überprüfen und einen anderen bzw. andere Experten ernennen; falls er die ursprünglich beabsichtigte Ernennung bestätigt, darf der betreffende Experte an keinem Verfah- ren teilnehmen, das den Staat betrifft, der den Vorbehalt geäußert hat, es sei denn mit dessen aus- drücklicher Zustimmung.

Die Liste findet Anwendung, sobald 45 Experten ernannt sind.

(4) Jeder Teilnehmerstaat kann um den Beistand einer aus höchstens drei Experten bestehenden KSZE-Mission ersuchen, die sich mit Fragen der menschlichen Dimension der KSZE auf seinem Staatsgebiet befassen oder zu deren Lösung beitragen soll. In einem solchen Fall wird der Staat die betreffende Person oder die betreffenden Personen aus der Liste auswählen. Zu den Experten werden weder die eigenen Staatsangehörigen oder Einwohner des Teilnehmerstaats oder irgend- eine der Personen gehören, die der Staat für die Liste benannt hat, noch mehr als ein Staatsange- höriger oder Einwohner irgendeines bestimmten Teilnehmerstaats.

Der einladende Staat wird die KSZE-Institution unverzüglich von der Bildung einer Expertenkom- mission benachrichtigen; die KSZE-Institution wird die daraufhin allen Teilnehmerstaaten noti- fizieren. Falls erforderlich, werden auch die KSZE-Institutionen dieser Mission eine angemessene Unterstützung zuteil werden lassen.

(5) Zweck einer Expertenmission ist es, die Lösung einer bestimmten Fragen oder eines Problems der menschlichen Dimension der KSZE zu erleichtern. Eine solche Mission kann die für die Durch- führung ihrer Aufgaben erforderlichen Informationen einholen und, wenn angebracht, ihre guten Dienste und Vermittlerdienste dazu nutzen, Dialog und Zusammenarbeit zwischen interessier- ten Parteien zu fördern. Der betroffene Staat wird sich mit der Mission über deren genauen Auf- gabenbereich einigen und kann somit der Expertenmission jegliche weitere Aufgabe übertragen, wie unter anderem Tatsachenfeststellung und Beratung, um Mittel und Wege für eine Verbesse- rung der Einhaltung der KSZE-Verpflichtungen vorzuschlagen.

(6) Der einladende Staat wird mit der Expertenmission in vollem Umfang zusammenarbeiten und deren Arbeit erleichtern. Er wird der Mission für die unabhängige Durchführung ihrer Aufga- ben alle erforderlichen Erleichterungen gewähren. Er wird der Mission zur Ausübung ihrer Tätig- keit unter anderem gestatten, unverzüglich in sein Staatsgebiet einzureisen, Gespräche zu führen,

* Die Entscheidung über die Institution obliegt dem Rat.

19 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

sich frei zu bewegen und mit staatlichen Vertretern, nichtstaatlichen Organisationen und jeglicher Gruppe oder Einzelperson ungehindert zusammenzutreffen, von denen sie Informationen zu er- halten wünscht. Die Mission kann auch vertrauliche Informationen von jeglicher Gruppe, Person oder Organisation zu der von ihr behandelten Frage einholen. Die Mitglieder solcher Missionen werden den vertraulichen Charakter ihrer Arbeit wahren.

Die Teilnehmerstaaten werden sich jeglicher Handlung gegen Personen, Organisationen oder In stitutionen enthalten, die mit der Expertenmission in Kontakt standen oder an diese irgendwelche öffentlich zugängliche Informationen weitergegeben haben. Der einladende Staat wird jedem Ersu- chen einer Expertenmission um Begleitung durch staatliche Vertreter dieses Staates nachkommen, wenn die Mission dies zur Erleichterung ihrer Arbeit bzw. für ihre Sicherheit als notwendig erachtet.

(7) Die Expertenmission wird ihre Feststellungen dem einladenden Staat so rasch wie möglich vor- legen, vorzugsweise innerhalb von drei Wochen nach Einberufung der Mission. Der einladende Staat wird spätestens zwei Wochen nach Vorlage der Feststellungen der Mission diese zusammen mit einer Darstellung der von ihm daraufhin unternommenen bzw. beabsichtigten Handlungen durch die KSZE-Institution an die anderen Teilnehmerstaaten weiterleiten.

Der Ausschuß Hoher Beamter kann über diese Feststellungen und mögliche Kommentare des ein- ladenden Staates beraten und auch mögliche weitere Schritte in Betracht ziehen. Die Feststellun- gen und Kommentare werden solange vertraulich behandelt, bis sie den Hohen Beamten vorgelegt werden. solange die Feststellungen und jeglicher Kommentar nicht verteilt sind, darf keine andere Expertenmission zu derselben Frage ernannt werden.

(8) Ein Teilnehmerstaat oder mehrere, die die Punkte 1 oder 2 des Mechanismus der menschlichen Dimension zur Anwendung gebracht haben, können darüber hinaus ersuchen, daß die KSZE-In- stitution bei einem anderen Teilnehmerstaat anfragt, ob er mit der Einladung einer Expertenmis- sion zur Behandlung einer spezifischen, klar umrissenen Frage der menschlichen Dimension der KSZE auf seinem Staatsgebiet einverstanden ist. Falls der andere Teilnehmerstaat einverstanden ist, eine Expertenmission zu dem genannten Zweck einzuladen, findet das in Ziffer 4 bis 7 be- schriebene Verfahren Anwendung.

(9) Falls ein Teilnehmerstaat a) gemäß Ziffer 8 eine Anfrage an einen anderen Teilnehmerstaat gerichtet und dieser Staat nicht innerhalb von zehn Tagen nach Eingang der Anfrage die Mission einberufen hat, oder b) befindet, daß die Expertenmission keine Lösung der betreffenden Frage erbracht hat, kann er – mit Unterstützung von mindestens fünf weiteren Teilnehmerstaaten – die Einberufung einer Mission von bis zu drei KSZE- Berichterstattern einleiten. Ein solcher Beschluß wird der KSZE-Institution mitgeteilt, die den betroffenen Staat sowie alle anderen Teilnehmer- staaten unverzüglich davon in Kenntnis setzt.

(10) Der ersuchende Staat bzw. die ersuchenden Staaten können eine Person aus der Liste als KSZE- Berichterstatter ernennen. Der ersuchte Staat kann nach eigenem Ermessen innerhalb von sechs Tagen nach Notifizierung der Ernennung des Berichterstatters durch die KSZE-Institution einen weiteren Berichterstatter aus der Liste ernennen. In einem solchen Fall werden die zwei ernann- ten Berichterstatter, die weder Staatsangehörige eines der betroffenen Staaten sein, noch ihren Wohnsitz in einem dieser Staaten haben und auch nicht von irgendeinem der betroffenen Staaten für die Liste ernannt worden sein dürfen, im gegenseitigen Einvernehmen und unverzüglich ei- nen dritten Berichterstatter aus der Liste ernennen. Falls sie innerhalb von acht Tagen keine eini- gung erzielen, wird ein dritter Berichterstatter, der weder Staatsangehöriger eines der betroffenen Staaten sein, noch seinen Wohnsitz in einem dieser Staaten haben und auch nicht von irgendei- nem der betroffenen Staaten für die Liste ernannt worden sein darf, vom ranghöchsten Beamten

20 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

des vom Rat bestimmten KSZE-Gremiums ernannt. Die Bestimmungen des zweiten Teils von Zif- fer 4 sowie der gesamten Ziffer 6 finden auch für die Mission von Berichterstattern Anwendung. 2 (11) Der/Die KSZE-Berichterstatter wird/werden die Tatsachen feststellen und darüber berichten und kann/können Empfehlungen für mögliche Lösungen der aufgeworfenen Frage abgeben. Der Bericht des Berichterstatters/der Berichterstatter, der die festgestellten Tatsachen, Vorschläge und Empfehlungen umfaßt, wird dem betroffenen Teilnehmerstaat bzw. den betroffenen Teilnehmer- staaten und – wenn von den betroffenen Staaten nicht anders vereinbart – der KSZE-Institution spätestens zwei Wochen nach Ernennung des letzten Berichterstatters vorgelegt. Der ersuchte Staat wird – falls von allen betroffenen Teilnehmerstaaten nicht anders vereinbart – spätestens zwei Wochen nach Vorlage des Berichts der KSZE-Institution alle Bemerkungen zum Bericht zuleiten.

Die KSZE-Institution wird den Bericht sowie alle vom ersuchten Staat bzw. von irgendeinem an- deren Teilnehmerstaat gemachten Bemerkungen unverzüglich an alle Teilnehmerstaaten weiter- leiten. Der Bericht wird auf die Tagesordnung des nächsten ordentlichen Treffens des Ausschusses Hoher Beamter oder des Ständigen Ausschusses der KSZE gesetzt werden, die über mögliche wei- tere Schritte entscheiden können. Der Bericht bleibt bis zum Abschluß dieses Treffens des Aus- schusses vertraulich. Solange der Bericht nicht verteilt ist, kann kein anderer Berichterstatter zu derselben Frage ernannt werden.

(12) Falls ein Teilnehmerstaat der Meinung ist, daß in einem anderen Teilnehmerstaat eine be- sonders schwerwiegende Gefahr für die Verwirklichung der Bestimmungen der menschlichen Di- mension der KSZE aufgetreten ist, kann er – mit Unterstützung von mindestens neun weiteren Teilnehmerstaaten – das in Ziffer 10 festgelegte Verfahren in Gang setzen. Es finden dann die in Ziffer 11 genannten Bestimmungen Anwendung.

(13) Auf Ersuchen eines jeglichen Teilnehmerstaates kann der Ausschuß Hoher Beamter oder der Ständige Ausschuß der KSZE beschließen, eine Mission von Experten bzw. KSZE-Berichterstat- tern einzusetzen.

In einem solchen Fall wird der Ausschuß auch festlegen, ob die einschlägigen Bestimmungen der vorangegangenen Ziffern Anwendung finden.

(14) Der bzw. die Teilnehmerstaaten, die um die Einsetzung einer Mission von Experten bzw. Be- richterstattern ersucht haben, tragen die Kosten für diese Mission. Im Falle der Ernennung von Ex- perten bzw. Berichterstattern aufgrund eines Beschlusses des Ausschusses Hoher Beamter oder des Ständigen Ausschusses der KSZE werden die Kosten entsprechend dem üblichen Verteilerschlüs- sel der Kosten von den Teilnehmerstaaten getragen. Diese Verfahren werden auf dem KSZE-Fol- getreffen von Helsinki überprüft werden.

(15) Keine der vorstehenden Bestimmungen beeinträchtigt in irgendeiner Weise das Recht der Teilnehmerstaaten, im Rahmen des KSZE-Prozesses Fragen bezüglich der Verwirklichung irgend- welcher KSZE-Verpflichtungen aufzuwerfen, einschließlich jeglicher Verpflichtung im Bereich der menschlichen Dimension der KSZE.

(16) Wenn die in Ziffer 9 und 10 bzw. 12 genannten Verfahren im Falle einer Einzelperson in Gang gesetzt werden sollen, sollten die Teilnehmerstaaten berücksichtigen, ob der Fall dieser Einzelper- son nicht bereits in einem internationalen gerichtlichen Verfahren anhängig ist.

21 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

Prag 1992 (Prager Dokument über die weitere Entwicklung der KSZE-Institutionen und -Strukturen: III. Menschliche Dimension)

14. Das Büro für demokratische Institutionen und Menschenrechte ist als die KSZE- Institution benannt worden, die – gemäß dem Dokument des Moskauer Treffens der Konferenz über die Menschliche Dimension der KSZE – mit Aufgaben im Zusammenhang mit Experten- und Be- richterstattermissionen betraut wurde.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

(5) Nach Maßgabe allgemeiner Leitlinien des AHB wird das BDIMR (…) zur menschlichen Di- mension veranstalten: (5a) zur Überwachung der Einhaltung der Verpflichtungen im Bereich der menschlichen Dimen- sion beitragen, indem es: als Veranstaltungsort für bilaterale Treffen gemäß Punkt 2 und als In- formationskanal gemäß Punkt 3 des Mechanismus der menschlichen Dimension dient, wie im Wiener Schlußdokument dargelegt; (…)

(5b) als Koordinierungsstelle dienen für Informationen über: einen öffentlichen Notstand gemäß Punkt 28.10 des Dokuments des Moskauer Treffens der Kon- ferenz über die Menschliche Dimension; (…)

(7) Um den Mechanismus der menschlichen Dimension an bestehende KSZE-Institutionen und – Strukturen anzupassen, beschließen die Teilnehmerstaaten folgendes:

Jeder Teilnehmerstaat, der dies als notwendig erachtet, kann den Teilnehmerstaaten durch das BDIMR – welches ebenfalls gemäß Punkt 2 als Veranstaltungsort für bilaterale Treffen dienen kann – oder auf diplomatischem Wege Informationen über Situationen und Fälle, die gemäß Punkt 1 oder 2 des Kapitels über die „Menschliche Dimension der KSZE“ des Wiener Schlußdo- kuments Gegenstand von Ersuchen gewesen sind, oder über die Ergebnisse solcher Verfahren zu- leiten. Solche Informationen können bei Treffen des AHB, Implementierungstreffen über Fragen der menschlichen Dimension und Überprüfungskonferenzen erörtert werden (…)

Implementierungstreffen über Fragen der menschlichen Dimension

(8) Verfahren betreffend die Abdeckung der Kosten für die Experten- und Berichterstattermissio- nen des Mechanismus der menschlichen Dimension können von der nächsten Überprüfungskon- ferenz im Lichte gewonnener Erfahrungen geprüft werden.

22 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

5. Aufbauend auf die Strukturen der Durchführungsüberprüfung des Helsinki-Dokuments 1992 2 und zur Verbesserung der Implementierung im Bereich der menschlichen Dimension werden die Teilnehmerstaaten den Ständigen Rat für einen verstärkten Dialog über die menschliche Dimen- sion und für mögliche Maßnahmen bei versäumter Durchführung nutzen. Zu diesem Zweck be- schließen die Teilnehmerstaaten, daß Fragen der menschlichen Dimension vom Ständigen Rat regelmäßig behandelt werden. Sie werden sich in noch stärkerem Maß auf die durch den Mos- kauer Mechanismus gebotenen Möglichkeiten für eine Überprüfung oder Förderung der Lösung von Fragen im Zusammenhang mit der menschlichen Dimension auf ihrem Territorium stützen.

C. Antiterrornetzwerk

Maastricht 2003 (Beschluss Nr. 6/03 über das Mandat des OSZE-Antiterrornetzwerks)

Der Ministerrat,

beschließt, das OSZE-Antiterrornetzwerk (CTN) gemäß dem im Anhang zu diesem Beschluss enthaltenen Mandat einzurichten.

(Anhang zu Beschluss Nr. 6/03 OSZE-Antiterrornetzwerk: OSZE-Antiterrornetzwerk Mandat)

Hauptzweck des OSZE-Antiterrornetzwerks (CTN) ist eine verbesserte Koordination der Maß- nahmen zur Bekämpfung des Terrorismus und des diesbezüglichen Informationsaustauschs zwi- schen den OSZE-Teilnehmerstaaten. Es soll insbesondere für eine engere Verbindung zwischen den Delegationen der Teilnehmerstaaten, den Beauftragten für Terrorismusbekämpfung in den Hauptstädten und der OSZE-Gruppe „Terrorismusbekämpfung“ (ATU)* sorgen. Das Netzwerk er- leichtert den raschen Austausch von Informationen über Programme, Schulungsveranstaltungen und rechtliche Entwicklungen zum Thema Terrorismusbekämpfung, die von der OSZE und den Teilnehmerstaaten initiiert werden, sowie über Trendanalysen aus offener Quelle zum Phänomen Terrorismus. Eine der Hauptaufgaben besteht in der Unterstützung und Ergänzung der Arbeit des Ausschusses des Sicherheitsrats der Vereinten Nationen zur Bekämpfung des Terrorismus im Hin- blick auf die Umsetzung der Sicherheitsratsresolution 1373. Das CTN ist nicht als Kommunika- tionsweg für nachrichtendienstliche oder sonstige sensible Informationen gedacht und will auch nicht die bereits von anderen, der Strafverfolgung dienenden internationalen und regionalen Net- zen wahrgenommenen Aufgaben duplizieren.

* Der Ausschuss der Vereinten Nationen zur Bekämpfung des Terrorismus (CTC) hat sich für die Schaffung sol- cher regionalen Netzwerke als Mittel zur Stärkung der Zusammenarbeit und Koordination ausgesprochen. Das im Rahmen der Organisation der Amerikanischen Staaten eingerichtete Sekretariat des Interamerikanischen Komitees zur Bekämpfung des Terrorismus (CICTE) hat bereits ein regionales, die Hemisphäre umspannen- des Netz nationaler Kontaktstellen eingerichtet. Die Gruppe „Terrorismusbekämpfung“ dankt dem CICTE für seine Beratung und Unterstützung bei der Schaffung des Antiterrornetzwerks der OSZE.

23 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

Jede Regierung wird einen Hauptansprechpartner bestimmen, der über die OSZE-Delegation des jeweiligen Staates als wichtigste Kontaktstelle mit der ATU in Fragen der Terrorismusbekämp- fung fungiert. Der Hauptansprechpartner hat dafür zu sorgen, dass Mitteilungen der ATU an die zuständigen staatlichen Stellen in der betreffenden Hauptstadt weitergeleitet werden und dass die ATU und die Delegationen ihrerseits umgehend über maßgebliche Entwicklungen in dem Teil- nehmerstaat informiert werden. Im Interesse der Koordination werden Mitteilungen über das Antiterrornetzwerk zwischen der ATU und einem Hauptansprechpartner in der Regel über die OSZE-Delegation des betreffenden Staates geleitet.

Aufgaben der ATU

1. unterrichtet die Teilnehmerstaaten über bilaterale und multilaterale Schulungsangebote zu Fra- gen der Terrorismusbekämpfung und arbeitet mit den Hauptansprechpartnern zusammen, damit von solchen Programmen optimal Gebrauch gemacht wird,

2. Koordiniert und erleichtert OSZE-Aktivitäten zur Bekämpfung des Terrorismus, unter ande- rem Programme zur Unterstützung von Kapazitätsaufbau, Aus- und Fortbildungsseminare und Kurse über Notfallvorsorge, damit die Ressourcen bestmöglich genutzt und Arbeitsüberschnei- dungen vermieden werden.

3. reagiert rasch auf Informationen und Ersuchen um Maßnahmen seitens eines Hauptansprech- partners.

4. sorgt dafür, dass die Hauptansprechpartner über die Delegationen stets umfassend über alle die OSZE-Region betreffenden Entwicklungen in wesentlichen Fragen der Terrorismusbekämpfung informiert sind; sie versendet zu diesem Zweck regelmäßig per E-Mail einen ATU-Newsletter und regelmäßige Updates der OSZE/ATU-Homepage,

5. koordiniert mit den Hauptansprechpartnern über die betreffende Delegation Dienstreisen of- fizieller OSZE/ATU-Vertreter in einen Teilnehmerstaat im Zusammenhang mit Angelegenheiten der Terrorismusbekämpfung.

Aufgaben der Hauptansprechpartner

1. sorgen dafür, dass Mitteilungen der ATU die zuständigen staatlichen Stellen erreichen und dass deren Antworten zügig an die ATU übermittelt werden,

2. Informieren die ATU über bedeutende innerstaatliche Entwicklungen im Kampf gegen den Ter- rorismus, unter anderem über neue Rechtsvorschriften gegen den Terrorismus,* Trainings- oder Unterstützungsprogramme zum Thema Terrorismusbekämpfung und Beispiele bewährter natio- naler Praktiken.

3. Informieren über Seminare, Workshops und Konferenzen zum Thema Terrorismusbekämp- fung, die Teilnehmerstaaten gegebenenfalls abhalten und an denen auch externe Interessenten teilnehmen können.

* Als verlässlichste Informationsquelle über Ratifikationen stützt sich die OSZE/ATU auf die amtlichen Mittei- lungen über erfolgte Ratifikationen auf den Websites der jeweiligen Verwahrer der Rechtsakte über Terroris- musbekämpfung.

24 2.2.4 Mechanismen der menschlichen Dimension und andere relevante Mechanismen

4. fungieren als wichtigste Koordinatoren von Antiterrorismus-Seminaren, -Workshops und -Kon- ferenzen der OSZE, an denen der Teilnehmerstaat des Hauptansprechpartners beteiligt ist, 2 5. Koordinieren, setzen Schwerpunkte und informieren im Namen ihres Teilnehmerstaats in Be- zug auf Ausbildungs- und Unterstützungsbedarf und -ersuchen in Fragen der Terrorismusbekämp- fung, die von der OSZE gegebenenfalls unterstützt oder erleichtert werden können (…)

D. Andere Mechanismen

Prag 1992 (Prager Dokument über die weitere Entwicklung der KSZE-Institutionen und -Strukturen: IV. Schutz von Menschenrechten, Demokratie und Rechtstaatlichkeit)

16. Zur Weiterentwicklung der Fähigkeit der KSZE, Menschenrechte, Demokratie und Rechtstaat- lichkeit mit friedlichen Mitteln zu schützen, beschloß der Rat, daß in Fällen von eindeutigen, groben und nicht behobenen Verletzungen einschlägiger KSZE-Verpflichtungen angemessene Maßnahmen durch den Rat bzw. den Ausschuß Hoher Beamter getroffen werden können, erforderlichenfalls auch ohne Zustimmung des betroffenen Staates. Solche Maßnahmen wären politische Erklärungen oder andere politische Schritte, die außerhalb des Territoriums des betroffenen Staates anwendbar sind. Dieser Beschluß gilt unbeschadet bestehender KSZE-Mechanismen.

Helsinki 1992 (Beschlüsse: I. Stärkung der KSZE-Institutionen und -Strukturen)

(22) Wenn der amtierende Vorsitzende mit einer Krise oder einem Konflikt befaßt ist, kann er zur Unterstützung und auf seine Verantwortung einen persönlichen Vertreter mit einem klaren und präzisen Mandat bestimmen. Der amtierende Vorsitzende unterrichtet den AHB von der Absicht, einen persönlichen Vertreter zu ernennen, und von dessen Mandat. Die Berichte des amtieren- den Vorsitzenden an den Rat/AHB enthalten Informationen über die Aktivitäten des persönlichen Vertreters sowie über alle seine Beobachtungen oder Ratschläge.

Sofia 2004 (Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

5. begrüßt die Absicht des Amtierenden Vorsitzenden, im Einklang mit Beschluss Nr. 8 des Minis- terratstreffens von Porto als Teil des allumfassenden Kampfes der OSZE gegen Diskriminierung und für mehr Toleranz drei persönliche Beauftragte zu bestellen. Die Kosten der persönlichen Be- auftragten werden aus außerbudgetären Beiträgen bestritten.

25 2.3 Partner bei der Implementierung

2.3 Partner bei der Implementierung

2.3.1 Regierungen, Behörden und Institutionen

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die Beziehungen der Teilnehmerstaaten leiten, Prinzip IX)

[Die Teilnehmerstaaten] (…) bestätigen, daß Regierungen, Institutionen, Organisationen und Per- sonen eine relevante und positive Rolle zukommt, zur Erreichung dieser Ziele ihrer Zusammen- arbeit beizutragen.

Kopenhagen 1990(Präambel)

[Die Teilnehmerstaaten] erkennen an, daß ihre Zusammenarbeit sowie die aktive Einbeziehung von Personen, Gruppen, Organisationen und Institutionen wesentlich sein werden, um weitere Fortschritte im Hinblick auf ihre gemeinsamen Ziele zu gewährleisten.

Moskau 1991 (Präambel)

Die Teilnehmerstaaten (…) bekunden ihre Entschlossenheit, alle ihre Verpflichtungen im Bereich der menschlichen Dimension zu erfüllen und alle damit zusammenhängenden Fragen einzeln und gemeinsam auf der Grundlage gegenseitiger Achtung und Zusammenarbeit mit friedlichen Mit- teln zu lösen. In diesem Zusammenhang anerkennen sie, daß die aktive Einbeziehung von Perso- nen, Gruppen, Organisationen und Institutionen wesentlich ist, um weitere Fortschritte in dieser Richtung zu gewährleisten.

2.3.2 Regierungen anderer Länder und internationale Organisationen

Helsinki 1992 (Gipfelerklärung)

7. Wir bekräftigen erneut die Gültigkeit der Leitprinzipien und gemeinsamen Werte der Schluß- akte von Helsinki und der Charta von Paris, welche die Verantwortung der Staaten untereinander sowie der Regierungen gegenüber ihren Völkern zum Ausdruck bringen. Sie sind das kollektive Gewissen unserer Gemeinschaft. Wir anerkennen unsere gegenseitige Verantwortung für ihre Ein- haltung. Wir unterstreichen die demokratischen Rechte der Bürger, von ihren Regierungen die Achtung dieser Werte und Normen zu fordern.

Helsinki 1992 (Beschlüsse: IV. Beziehungen zu internationalen Organisationen, Beziehungen zu nichtteilnehmenden Staaten, Rolle nichtstaatlicher Organisationen)

(1) (…) Erfolgreiche Bemühungen um den Aufbau einer dauerhaften, friedlichen und demokra- tischen Ordnung und die Gestaltung des Prozesses des Wandels erfordern stärker strukturierte und inhaltsreiche Beiträge von Gruppen, Einzelpersonen, Staaten und Organisationen außerhalb des KSZE-Prozesses.

Zu diesem Zweck haben die Teilnehmerstaaten folgendes beschlossen:

Beziehungen zu internationalen Organisationen

26 2.3.2 Regierungen anderer Länder und internationale Organisationen

(2) Unter erneuter Bekräftigung der von ihnen gegenüber der Charta der Vereinten Nationen ein- gegangenen Verpflichtungen, erklären die Teilnehmerstaaten, daß sie sich einig sind, daß die KSZE eine regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist und 2 als solche ein wichtiges Bindeglied zwischen europäischer und globaler Sicherheit darstellt (…)

(3) Unter Bezugnahme auf die einschlägigen Beschlüsse des Prager Dokuments fördern die Teil- nehmerstaaten Kontakte und praktische Zusammenarbeit mit geeigneten internationalen Orga- nisationen. (…)

Beziehungen zu nichtteilnehmenden Mittelmeerstaaten

(7) Unter Hinweis auf die Bestimmungen der Schlußakte und anderer KSZE-relevanter Doku- mente und im Einklang mit der geübten Praxis werden die nichtteilnehmenden Mittelmeerstaa- ten weiter eingeladen, zu KSZE-Aktivitäten beizutragen. (…)

Beziehungen zu nichtteilnehmenden Staaten

(9) (…) die Teilnehmerstaaten, ihre Zusammenarbeit zu vertiefen und gehaltvolle Beziehungen mit nichtteilnehmenden Staaten wie etwa Japan zu entwickeln, die sich für die KSZE interessie- ren, ihre Prinzipien und Zielsetzungen teilen und sich in entsprechenden Organisationen aktiv an der europäischen Zusammenarbeit beteiligen.

Lissabon 1996 (Erklärung von Lissabon über gemeinsames und umfassendes Sicherheitsmodell für Europa im einundzwanzigsten Jahrhundert)

5. Wir bekennen uns dazu, daß innerhalb der OSZE die Staaten (…) einander verantwortlich für die Durchführung der OSZE-Verpflichtungen sind.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

14. (…) Wir verpflichten uns heute zu gemeinsamen Maßnahmen auf der Grundlage der Zusam- menarbeit – sowohl innerhalb der OSZE als auch in den Organisationen, denen wir angehören –, um den Teilnehmerstaaten Hilfe zur Verbesserung ihrer Einhaltung der OSZE-Prinzipien und -Ver- pflichtungen anzubieten. Wir werden vorhandene Instrumente der Zusammenarbeit stärken und neue entwickeln, um wirksam auf Hilfsersuchen von Teilnehmerstaaten reagieren zu können (…)

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

Zusammenarbeit mit anderen internationalen Organisationen und Institutionen

52. (…) Die Grundlage für das Zusammenwirken der OSZE mit anderen Organisationen und In- stitutionen ist die Plattform für kooperative Sicherheit. Darin haben sich die Teilnehmerstaaten verpflichtet, für politische und operative Kohärenz zwischen den vielen verschiedenen Gremien zu sorgen, die sich mit Sicherheit beschäftigen, sowohl im Umgang mit konkreten Bedrohungen als auch bei der Festlegung, wie auf neue Bedrohungen und Herausforderungen reagiert werden soll (…)

27 2.3.2 Regierungen anderer Länder und internationale Organisationen

53. Unsere Zusammenarbeit mit anderen Organisationen und Institutionen erstreckt sich derzeit auf den politischen Dialog, die Koordination und die strukturierte Kooperation in sachbezoge- nen oder regionalen Fragen, die die gesamte OSZE-Region betreffen, ausgehend von gemeinsa- men Werten und Zielsetzungen (…)

54. Die OSZE ist bestrebt, ihre Beziehungen zu allen Organisationen und Institutionen zu vertie- fen, denen die Förderung umfassender Sicherheit im OSZE-Gebiet ein Anliegen ist; (…)

Astana 2010

3. (…) Wir bekräftigen ferner, dass alle OSZE-Prinzipien und -Verpflichtungen gleichermaßen und ausnahmslos für jeden Teilnehmerstaat gelten, und wir betonen, dass wir untereinander und gegenüber (…) für ihre volle Umsetzung einstehen werden. (…)

10. Wir anerkennen, dass die Sicherheit des OSZE-Raums untrennbar mit der Sicherheit in an- grenzenden Gebieten, insbesondere im Mittelmeerraum und in Asien, verbunden ist. Wir müssen deshalb verstärkt mit unseren Kooperationspartnern zusammenarbeiten. Wir verweisen dabei vor allem auf die Notwendigkeit, unter Berücksichtigung der Möglichkeiten und nationalen Interessen der einzelnen Teilnehmerstaaten einen wirksamen Beitrag zu den gemeinsamen internationalen Bemühungen zur Förderung eines stabilen, unabhängigen, prosperierenden und demokratischen Afghanistan zu leisten.

Vilnius 2011 (Beschluss Nr. 5/11 über Kooperationspartner)

Der Ministerrat, (…)

In der festen Überzeugung, dass die Sicherheit des OSZE-Raums untrennbar mit der Sicherheit in den Regionen der Kooperationspartner verbunden ist, und in Bekräftigung unserer Zusage, unse- ren Dialog und unsere Zusammenarbeit mit den Kooperationspartnern im Mittelmeerraum und in Asien zu intensivieren und unsere Fähigkeiten zu verstärken, auf der Grundlage der OSZE-Nor- men, -Prinzipien und -Verpflichtungen auf die von den Partnern aufgezeigten Bedürfnisse und Prioritäten der Partner einzugehen,

in Anerkennung der demokratischen Übergangsprozesse und des politischen, wirtschaftlichen und sozialen Umbruchs, der 2011 in den Ländern einiger Mittelmeer-Kooperationspartner statt- gefunden hat,

in Würdigung der freiwilligen Reformprozesse, die in einigen Partnerländern im Mittelmeer- raum durchgeführt wurden,

im Bewusstsein, dass jedes Land anders ist und das Recht hat, unter Achtung der universellen Werte der Menschenrechte und der Würde des Menschen sein eigenes politisches Modell zu entwickeln,

zustimmend, dass die Erfahrung der OSZE in verschiedenen Bereichen für die Partner von Inter- esse und möglicherweise nützlich sein kann, unter uneingeschränkter Berücksichtigung der Tat- sache, dass die Verantwortung für nationale politische Entscheidungen in erster Linie bei ihnen liegt, sowie ihres jeweiligen politischen, sozialen, kulturellen und religiösen Erbes und im Ein- klang mit ihren Bedürfnissen, Zielen und nationalen Prioritäten,

28 2.3.2 Regierungen anderer Länder und internationale Organisationen

Die Bereitschaft der OSZE bekräftigend, (…) auf Ersuchen den Kooperationspartnern gegebenen- falls Unterstützung bei der freiwilligen Umsetzung der OSZE-Normen, -Grundsätze und -Ver- pflichtungen zu leisten, 2 In Anerkennung der wichtigen Rolle der Zivilgesellschaft in den Ländern der Kooperationspart- ner für die Förderung von Demokratie, Rechtsstaatlichkeit und die vollständige Achtung der Men- schenrechte und Grundfreiheiten,

Die Fortschritte begrüßend, die in den letzten Jahren durch Dialog und Zusammenarbeit mit un- seren Kooperationspartnern im Mittelmeerraum und Asien auch durch ihre stärkere Einbindung in OSZE-Treffen und -Aktivitäten einschließlich der Durchführung konkreter gemeinsamer Pro- jekte erzielt wurden, (…)

in Bekräftigung der Unterstützung für die Zusammenarbeit der Parlamentarischen Versammlung der OSZE mit den Kooperationspartnern, einschließlich durch die Abhaltung des jährlichen Par- lamentarierforums zum Mittelmeerraum, und Kenntnis nehmend von der diesbezüglichen Arbeit der Parlamentarischen Versammlung der OSZE,

1. Beschließt, die Kooperationspartnerschaft durch die Ausweitung des Dialogs, die Intensivie- rung politischer Konsultationen, die Stärkung der praktischen Zusammenarbeit und den weite- ren Austausch von Erfahrungen und vorbildlichen Methoden, die im Zuge der Entwicklung einer umfassenden, kooperativen und unteilbaren Sicherheit gewonnen wurden, in den drei OSZE-Di- mensionen entsprechend den von den Kooperationspartnern aufgezeigten Bedürfnissen und Prio ritäten weiter auszubauen;

2. Ermutigt die Durchführungsorgane der OSZE, (…) eine handlungsorientierte Zusammenarbeit mit den Partnerländern – auch unter Berücksichtigung der jährlichen Partnerkonferenzen – durch die Bereitstellung von Expertenberatung, den Austausch von Informationen über Erfahrungen und vorbildliche Methoden auf Ersuchen der Partner und erforderlichenfalls auf der Grundlage einschlägiger OSZE-Beschlüsse aufzunehmen, und lädt die Partner ein, verstärkt an den OSZE- Aktivitäten teilzunehmen;

3. Beschließt, (…) die Bemühungen zur Förderung der OSZE-Normen, -Prinzipien und -Verpflich- tungen über die Kontakte in Absprache mit anderen einschlägigen regionalen und internationa- len Organisationen, insbesondere den Vereinten Nationen, vor allem durch den entsprechenden Austausch von Erfahrungen und vorbildlichen Methoden sowie gegebenenfalls durch gemeinsame Projekte und Aktivitäten in allen drei Dimensionen zu verstärken;

4. Appelliert an den OSZE (…) den regelmäßigen Dialog auf hoher Ebene mit den Kooperati- onspartnern zu verstärken und auszubauen, um das gegenseitige Verständnis zu verbessern und politische Unterstützung und Hilfe auf hoher Ebene für die Kooperationspartner unter Berück- sichtigung ihrer Bedürfnisse und Prioritäten sicherzustellen;

5. Appelliert an die Durchführungsorgane der OSZE, (…) eine breitere Teilnahme von Amtsträ- gern und Vertretern der Zivilgesellschaft der Kooperationspartner an einschlägigen OSZE-Veran- staltungen, gegebenenfalls auch unter Nutzung des Partnerschaftsfonds, zu fördern;

6. Beauftragt den Generalsekretär, in Absprache mit dem OSZE-Vorsitz mögliche Optionen für eine handlungs- und ergebnisorientierte Zusammenarbeit mit den Partnern in Abstimmung mit den Vereinten Nationen und anderen einschlägigen regionalen und internationalen Organisationen

29 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

und Institutionen zu sondieren und gegebenenfalls Vorschläge für weitere Schritte des Ständigen Rates zu unterbreiten;

7. Ersucht den Ständigen Rat, sich mit der Frage weiter zu befassen und Möglichkeiten für ein künf- tiges Engagement für die Kooperationspartner auf deren Ersuchen zu prüfen;

8. Ermutigt die Teilnehmerstaaten und die Kooperationspartner, ihre Erfahrungen auszutauschen und zu den OSZE-Aktivitäten in allen drei Dimensionen beizutragen, einschließlich gegebenen- falls durch Beiträge zum Partnerschaftsfonds, um das künftige Engagement für die Kooperati- onspartner zu fördern;

9. Bekräftigt erneut seine Bereitschaft, zukünftige Anträge auf Partnerschaft von interessierten Ländern (…)

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen)

16. Die Kooperationspartner der OSZE einzuladen, sich gemeinsam mit uns aktiv um die Aus- weitung unseres Dialogs und unserer Zusammenarbeit zur Verhütung und Bekämpfung von ge- walttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu bemühen, dabei die Menschenrechte und Grundfreiheiten zu achten und zu schützen, Äußerungen von Intoleranz und Diskriminierung, auch aus Gründen der Religion oder der Weltanschauung, von Fremdenfeind- lichkeit und Gewalt zu verhüten und zu bekämpfen und (…) den Dialog zwischen Konfessionen, Religionen und Kulturen zu fördern, und die Kooperationspartner zu ermutigen, auch weiterhin bestmöglichen Gebrauch von den Prinzipien, Normen und Verpflichtungen und den entsprechen- den Instrumenten der OSZE zu machen;

Hamburg 2016 (Beschluss Nr. 5/16 über OSZE-Bemühungen im Zusammenhang mit der Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben)

11. Lädt die OSZE-Kooperationspartner ein, den Dialog über Bemühungen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnolo- gien ergeben, zu intensivieren.

2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzip VII)

Die Teilnehmerstaaten anerkennen die universelle Bedeutung der Menschenrechte und Grund- freiheiten (…) Sie bestätigen das Recht des Individuums, seine Rechte und Pflichten auf diesem Gebiet zu kennen und auszuüben. (…)

Sie bestätigen, daß (…) Organisationen und Personen eine relevante und positive Rolle zukommt, zur Erreichung dieser Ziele ihrer Zusammenarbeit beizutragen.

30 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] erinnern an das Recht des Individuums, seine Rechte und Pflichten auf 2 dem Gebiet der Menschenrechte und Grundfreiheiten zu kennen und auszuüben, wie in der Schluß- akte festgelegt, und werden in ihren jeweiligen Ländern die notwendigen Maßnahmen zur wirk- samen Gewährleistung dieses Rechts ergreifen.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(12) [Die Teilnehmerstaaten] bekunden ihre Entschlossenheit, die wirksame Ausübung der Men- schenrechte und Grundfreiheiten zu garantieren, (…)

(13) In diesem Zusammenhang werden sie (…) (13.3) – den Text der Schlußakte, des Abschließenden Dokuments von Madrid und des vorliegen- den Dokuments sowie aller anderen einschlägigen internationalen Dokumente zu Fragen der Men- schenrechte veröffentlichen und verbreiten, um zu gewährleisten, daß diese Dokumente in ihrer Gesamtheit zur Verfügung stehen, eine möglichst breite Öffentlichkeit darüber informieren und sie allen Personen in ihren Ländern insbesondere über öffentliche Bibliotheken zugänglich machen; (13.4) – das Recht des einzelnen, seine Rechte und Pflichten auf diesem Gebiet zu kennen und auszuüben, wirksam gewährleisten und zu diesem Zweck alle Gesetze, Verordnungen und Ver- fahrensvorschriften betreffend die Menschenrechte und Grundfreiheiten veröffentlichen und zu- gänglich machen; (13.5) – das Recht aller ihrer Bürger achten, einzeln oder in Gemeinschaft mit anderen aktiv zur Förderung und zum Schutz der Menschenrechte und Grundfreiheiten beizutragen; (13.6) – in Schulen und anderen Bildungseinrichtungen zur Behandlung der Förderung und des Schutzes der Menschenrechte und Grundfreiheiten anregen; (…) (13.8) – sicherstellen, daß keine Person, die diese Rechte und Freiheiten für sich in Anspruch nimmt bzw. die Absicht äußert oder versucht, dies zu tun, oder ein Mitglied ihrer Familie als Folge davon in irgendeiner Weise benachteiligt wird; (13.9) – gewährleisten, daß jenen Personen, die eine Verletzung ihrer Menschenrechte und Grund- freiheiten geltend machen, wirksame Rechtsmittel sowie vollständige Informationen darüber zur Verfügung stehen; sie werden unter anderem folgende Rechtsmittel effektiv anwenden: • Das Recht des einzelnen, mit Eingaben an Vollzugs-, Gesetzgebungs-, Gerichts oder Verwal- tungsorgane Abhilfe zu suchen; • das Recht auf eine gerechte und öffentliche Verhandlung vor einem unabhängigen und unpar- teiischen Gericht innerhalb einer angemessenen Frist, einschließlich des Rechts, rechtliche Be- gründungen vorzulegen und durch einen Rechtsbeistand eigener Wahl vertreten zu werden; • das Recht, unverzüglich und auf amtlichem Wege über jede Entscheidung, die auf eine Beru- fung hin getroffen wurde, benachrichtigt zu werden, unter anderem auch über die gesetzlichen Grundlagen, auf deren Basis die Entscheidung erfolgte. Diese Benachrichtigung ist in der Regel schriftlich zu geben, jedenfalls aber so, daß der Betroffene in der Lage ist, von weiteren verfüg- baren Rechtsmitteln wirksamen Gebrauch zu machen. (…)

31 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

(26) (…) Zu diesem Zweck werden sie das Recht von Personen, die Durchführung der KSZE-Be- stimmungen zu beobachten und zu fördern und sich mit anderen zu diesem Zweck zusammenzu- schließen, achten. Sie werden direkte Kontakte und Kommunikation zwischen diesen Personen, Organisationen und Institutionen innerhalb der Teilnehmerstaaten sowie zwischen Teilnehmer- staaten erleichtern und rechtliche und administrative Beeinträchtigungen, die nicht den KSZE- Bestimmungen entsprechen, wo immer sie vorhanden sind, beseitigen. Sie werden auch wirksame Maßnahmen ergreifen, um den Zugang zu Informationen über die Durchführung der KSZE-Be- stimmungen und die freie Meinungsäußerung zu diesen Fragen zu erleichtern.

Kopenhagen 1990

(10) In Bekräftigung ihrer Verpflichtung, das Recht des einzelnen, die Menschenrechte und Grund- freiheiten zu kennen und danach zu handeln, und sein Recht, einzeln oder in Gemeinschaft mit anderen aktiv zu deren Förderung und Schutz beizutragen, wirksam zu gewährleisten, verpflich- ten sich die Teilnehmerstaaten: (10.1) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen Ansichten und Informationen über Menschenrechte und Grundfreiheiten nach Belieben zu beschaffen, entgegen- zunehmen und weiterzugeben, einschließlich des Rechts, solche Ansichten und Informationen zu verbreiten und zu veröffentlichen; (10.2) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen die Einhal- tung von Menschenrechten und Grundfreiheiten zu überprüfen und zu erörtern und Gedanken über den besseren Schutz der Menschenrechte sowie über bessere Mittel zu entwickeln und zu erörtern, durch die gewährleistet werden soll, daß Übereinstimmung mit internationalen Men- schenrechtsstandards besteht; (10.3) – zu gewährleisten, daß Einzelpersonen ihr Recht auf Vereinigung ausüben dürfen, ein- schließlich des Rechts, nichtstaatliche Organisationen, die sich für die Förderung und den Schutz der Menschenrechte und Grundfreiheiten einsetzen, darunter Gewerkschaften und Menschen- rechtsgruppen, zu bilden, diesen beizutreten und in diesen aktiv mitzuwirken; (10.4) – Mitgliedern solcher Gruppen und Organisationen ungehindert Zugang zu ähnlichen Verei- nigungen im In- und Ausland und zu internationalen Organisationen zu ermöglichen und es ihnen zu gestatten, mit solchen Gruppen und Organisationen Verbindungen zu unterhalten, Austauschak- tivitäten, Kontakte und Zusammenarbeit zu pflegen, und zu dem Zweck, die Menschenrechte und Grundfreiheiten zu fördern und zu schützen, wie gesetzlich vorgesehen, freiwillige finanzielle Bei- träge aus nationaler und internationaler Quelle zu erbitten, entgegenzunehmen und zu verwenden.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir erinnern an die bedeutende Rolle, die nichtstaatliche Organisationen, religiöse und andere Gruppierungen sowie Einzelpersonen bei der Verwirklichung der KSZE-Ziele gespielt haben, und werden deren Einsatz für die Durchführung der KSZE-Verpflichtungen durch die Teilnehmer- staaten weiter erleichtern. Diese Organisationen, Gruppierungen und Einzelpersonen müssen auf geeignete Art und Weise in die Tätigkeit und die neuen Strukturen der KSZE einbezogen werden, damit sie ihre wichtigen Aufgaben erfüllen können.

32 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

Moskau 1991

Die Teilnehmerstaaten (…) bekunden ihre Entschlossenheit, alle ihre Verpflichtungen im Bereich 2 der menschlichen Dimension zu erfüllen und alle damit zusammenhängenden Fragen einzeln und gemeinsam auf der Grundlage gegenseitiger Achtung und Zusammenarbeit mit friedlichen Mit- teln zu lösen. In diesem Zusammenhang anerkennen sie, daß die aktive Einbeziehung von Perso- nen, Gruppen, Organisationen und Institutionen wesentlich ist, um weitere Fortschritte in dieser Richtung zu gewährleisten. (…)

(43) Teilnehmerstaaten werden entsprechend bestehenden innerstaatlichen Verfahren jene als nichtstaatliche Organisationen anerkennen, die sich als solche erklären, und werden die Fähigkei- ten solcher Organisationen, auf ihrem Staatsgebiet ihre Aktivitäten frei durchzuführen, erleich- tern; zu diesem Zweck werden sie: (43.1) – darum bestrebt sein, Wege zu finden, um die Gegebenheiten für Kontakte und Gedan- kenaustausch zwischen nichtstaatlichen Organisationen einerseits sowie zuständigen staatlichen Behörden und Institutionen andererseits weiter zu stärken; (43.2) – darum bestrebt sein, Besuche ausländischer nichtstaatlicher Organisationen aus irgend- einem anderen Teilnehmerstaat in ihren Ländern zu erleichtern, damit diese die Lage im Bereich der menschlichen Dimension beobachten können; (43.3) – Aktivitäten nichtstaatlicher Organisationen begrüßen, wie unter anderem die Beobachtung der Einhaltung von KSZE-Verpflichtungen im Bereich der menschlichen Dimension; (43.4) – nichtstaatlichen Organisationen im Hinblick auf deren wichtige Aufgabe im Bereich der menschlichen Dimension der KSZE erlauben, ihre Ansichten den eigenen Regierungen sowie den Regierungen aller anderen Teilnehmerstaaten im Verlauf der künftigen Arbeit der KSZE im Be- reich der menschlichen Dimension mitzuteilen. (43.5) Bei der künftigen Arbeit der KSZE im Bereich der menschlichen Dimension werden nicht- staatliche Organisationen die Gelegenheit erhalten, schriftliche Beiträge zu spezifischen Fragen der menschlichen Dimension der KSZE an alle Delegationen zu verteilen. (43.6) Das KSZE-Sekretariat wird im Rahmen seiner Möglichkeiten dem Ersuchen nichtstaatli- cher Organisationen um frei zugängliche KSZE-Dokumente nachkommen.

Helsinki 1992 (Gipfelerklärung)

7. Wir bekräftigen erneut die Gültigkeit der Leitprinzipien und gemeinsamen Werte der Schluß- akte von Helsinki und der Charta von Paris, welche die Verantwortung der Staaten untereinander sowie der Regierungen gegenüber ihren Völkern zum Ausdruck bringen. Sie sind das kollektive Gewissen unserer Gemeinschaft (…) Wir unterstreichen die demokratischen Rechte der Bürger, von ihren Regierungen die Achtung dieser Werte und Normen zu fordern.

Helsinki 1992 (Beschlüsse: IV. Beziehungen zu internationalen Organisationen, Beziehungen zu nichtteilnehmenden Staaten, Rolle nichtstaatlicher Organisationen)

33 2.3.3 Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

Zu diesem Zweck haben die Teilnehmerstaaten folgendes beschlossen: (…)

Größere Offenheit der KSZE-Aktivitäten, Förderung der Kenntnisse über die KSZE, Erweiterung der Rolle der nichtstaatlichen Organisationen

(12) Die Teilnehmerstaaten vergrößern die Offenheit der KSZE-Institutionen und -Strukturen und stellen die weite Verbreitung von Informationen über die KSZE sicher. (…)

(14) Die Teilnehmerstaaten schaffen Möglichkeiten für die verstärkte Einbeziehung nichtstaatli- cher Organisationen in die Aktivitäten der KSZE.

(15) Sie werden demgemäß: • auf alle KSZE-Treffen die Richtlinien anwenden, die zuvor für den Zugang nichtstaatlicher Or- ganisationen zu bestimmten KSZE-Treffen vereinbart wurden; • nichtstaatlichen Organisationen den Zugang zu allen Plenarsitzungen im Rahmen von Über- prüfungskonferenzen, BDIMR-Seminaren, -Workshops und -Treffen, des AHB, wenn dieser als Wirtschaftsforum zusammentritt, von Implementierungstreffen über Menschenrechte und an- deren Expertentreffen freistellen. Darüber hinaus kann jedes Treffen beschließen, einige andere Sitzungen für die Teilnahme von nichtstaatlichen Organisationen freizugeben; • die Direktoren von KSZE-Institutionen und die Exekutivsekretäre von KSZE-Treffen anwei- sen, eine „Verbindungsperson für nichtstaatliche Organisationen“ aus ihrem Mitarbeiterstab zu benennen; • gegebenenfalls ein Mitglied ihrer Außenministerien und ein Mitglied ihrer Delegationen bei KSZE-Treffen als verantwortliche Verbindungsperson für nichtstaatliche Organisationen be- nennen; • Kontakte und den Austausch von Meinungen zwischen nichtstaatlichen Organisationen und ein- schlägigen nationalen Behörden und staatlichen Institutionen zwischen KSZE- Treffen fördern; • während KSZE-Treffen inoffizielle Diskussionstreffen zwischen Vertretern von Teilnehmerstaa- ten und nichtstaatlichen Organisationen erleichtern; • schriftliche Darstellungen von nichtstaatlichen Organisationen an KSZE-Institutionen und -Treffen ermutigen, deren Titel aufbewahrt und den Teilnehmerstaaten auf Ersuchen überge- ben werden können; • nichtstaatliche Organisationen, die Seminare über Themen mit Bezug zur KSZE veranstalten, ermutigen; • nichtstaatliche Organisationen durch KSZE-Institutionen über die Daten künftiger KSZE-Tref- fen informieren, und gleichzeitig, wenn möglich, darauf hinweisen, welche Themen angespro- chen werden sollen und, auf Ersuchen, welche KSZE-Mechanismen, die allen Teilnehmerstaaten bekanntgegeben worden sind, aktiviert werden.

(16) Die obigen Bestimmungen gelten nicht für Personen oder Organisationen, die zur Anwen- dung von Gewalt greifen oder öffentlich den Terrorismus oder die Anwendung von Gewalt billigen.

(17) Die Teilnehmerstaaten nutzen alle geeigneten Mittel, um in ihren Gesellschaften Wissen über die KSZE, ihre Prinzipien, Verpflichtungen und Aktivitäten soweit wie möglich zu verbreiten.

34 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

18. Die Teilnehmerstaaten unterstreichen (…) die Notwendigkeit des Schutzes von Menschen- 2 rechtsaktivisten und sehen der Fertigstellung und Annahme des Erklärungsentwurfs über das „Recht und die Verantwortung von Einzelpersonen, Gruppen und Organen der Gesellschaft zur Förderung und zum Schutz der allgemein anerkannten Menschenrechte und Grundfreiheiten“ im Rahmen der Vereinten Nationen mit Erwartung entgegen.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

27. Nichtstaatliche Organisationen (NGOs) können bei der Förderung der Menschenrechte, der De- mokratie und der Rechtsstaatlichkeit eine äußerst wichtige Rolle spielen. Sie sind fester Bestandteil einer starken Bürgergesellschaft. Wir versprechen, die Fähigkeit der NGOs so zu stärken, dass sie ihren vollen Beitrag zur weiteren Entwicklung der Bürgergesellschaft und der Achtung der Men- schenrechte und Grundfreiheiten leisten können.

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte) (…)

Wir anerkennen, dass die Menschenrechte am besten in demokratischen Gesellschaften geach- tet werden, in denen Beschlüsse mit einem Höchstmaß an Transparenz und breiter Beteiligung gefasst werden. Wir unterstützen eine pluralistische Zivilgesellschaft und ermutigen zu Partner- schaften zwischen verschiedenen, an der Förderung und dem Schutz der Menschenrechte betei- ligten Akteuren. (…)

Astana 2010

6. (…) Wir zollen der Zivilgesellschaft und den freien Medien unsere Anerkennung, die mit ihrer Tätigkeit mithelfen, die volle Achtung der Menschenrechte und Grundfreiheiten, der Demokratie, einschließlich freier und fairer Wahlen, und der Rechtsstaatlichkeit zu gewährleisten.

Vilnius 2011

(…) In Anerkennung der wichtigen Rolle der Zivilgesellschaft in den Ländern der Kooperations- partner für die Förderung von Demokratie, Rechtsstaatlichkeit und die vollständige Achtung der Menschenrechte und Grundfreiheiten, (…)

2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

14. (…) Wir bekräftigen jeder für sich unsere Bereitschaft, uns voll und ganz an unsere Verpflich- tungen zu halten. Wir tragen aber auch gemeinsam die Verantwortung für die Einhaltung der OSZE-Prinzipien. Deshalb sind wir entschlossen, innerhalb der OSZE und mit ihren Institutionen

35 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

und Vertretern zusammenzuarbeiten...Wir werden im Geiste der Solidarität und der Partnerschaft gemeinsam für die laufende Überprüfung der Durchführung sorgen.

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

Die Reaktion der OSZE

20. Die OSZE wird in ihrer gesamten Region wie bisher eine aktive Kraft sein und sich dabei voll und ganz auf ihre Institutionen – das Büro für demokratische Institutionen und Menschenrechte (BDIMR), den Hohen Kommissar für nationale Minderheiten (HKNM) und den Beauftragten für Medienfreiheit -, ihre Feldeinsätze und ihr Sekretariat stützen. Diese sind wichtig für die Un- terstützung aller Teilnehmerstaaten bei der Umsetzung ihrer Verpflichtungen, einschließlich der Achtung der Menschenrechte, der Demokratie und der Rechtsstaatlichkeit. In allen einschlägigen Aktivitäten wird aktiv nach Möglichkeiten gesucht werden, die Zusammenarbeit mit der Parla- mentarischen Versammlung und über sie mit den nationalen Parlamenten zu stärken.

Astana 2010

5. (…) Wir betonen die Bedeutung der vom OSZE-Sekretariat, vom Hohen Kommissar für natio- nale Minderheiten, vom Büro für demokratische Institutionen und Menschenrechte und von der Beauftragten für Medienfreiheit sowie von den OSZE-Feld-operationen im Rahmen ihrer jeweili- gen Mandate geleisteten Arbeit zur Unterstützung der Teilnehmerstaaten bei der Erfüllung ihrer OSZE-Verpflichtungen. Wir sind entschlossen, die Zusammenarbeit mit der Parlamentarischen Versammlung der OSZE zu intensivieren und bestärken sie in ihren Bemühungen zur Förderung von Sicherheit, Demokratie und Wohlstand im gesamten OSZE-Raum und innerhalb der Teilneh- merstaaten und zur Stärkung des Vertrauens zwischen den Teilnehmerstaaten. (…)

A. Das Büro für demokratische Institutionen und Menschenrechte (BDIMR)

I. Allgemeines Mandat, einschliesslich zusätzlicher allgemeiner Aufgaben

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir beschließen, in Warschau ein Büro für freie Wahlen einzurichten, um Kontakte und den In- formationsaustausch im Zusammenhang mit Wahlen in den Teilnehmerstaaten zu erleichtern.

Paris 1990 (Zusatzdokument zur Durchführung einiger Bestimmungen der Charta von Paris für ein neues Europa)

G. Büro für freie Wahlen

1. Aufgabe des Büros für freie Wahlen ist es, im Zusammenhang mit Wahlen in den Teilnehmerstaa- ten Kontakte und den Informationsaustausch zu erleichtern. Dadurch fördert das Büro die Durch- führung der Punkte 6, 7 und 8 des Dokuments des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE (die einschlägigen Bestimmungen finden sich in Anhang I).

36 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

2. Zu diesem Zweck werden vom Büro: • Informationen – einschließlich der von den zuständigen Behörden der Teilnehmerstaaten zur Verfügung gestellten Informationen – über die Termine, Verfahrensregeln und offiziellen Er- 2 gebnisse von nationalen Wahlen in den Teilnehmerstaaten gesammelt, Berichte über die Be- obachtung von Wahlen zusammengestellt und auf Ersuchen an Regierungen, Parlamente und interessierte Privatorganisationen weitergegeben; • Kontakte zwischen Regierungen, Parlamenten oder Privatorganisationen, die Wahlen zu be- obachten wünschen, und den zuständigen Behörden der Staaten, in denen Wahlen bevorste- hen, erleichtert; • auf Ersuchen der Teilnehmerstaaten Seminare oder andere Treffen über Wahlverfahren und de- mokratische Institutionen organisiert; das Büro dient solchen Veranstaltungen als Tagungsort.

3. Das Büro trägt der Arbeit anderer in diesem Bereich tätiger Institutionen Rechnung und arbei- tet mit diesen zusammen.

4. Das Büro wird andere Aufgaben wahrnehmen, die ihm vom Rat übertragen werden.

Anhang 1 (Kopenhagen 1990)

(6) Die Teilnehmerstaaten erklären, daß der durch regelmäßige und unverfälschte Wahlen frei und gerecht zum Ausdruck gebrachte Wille des Volkes die Grundlage für die Autorität und Rechtmä- ßigkeit jeder Regierung bildet. Die Teilnehmerstaaten werden demnach das Recht ihrer Bürger achten, sich an der Führung ihres Landes entweder direkt oder durch in einem gerechten Wahl- gang frei gewählte Vertreter zu beteiligen. Sie erkennen ihre Verantwortung an, in Übereinstim- mung mit ihren Gesetzen, ihren internationalen Verpflichtungen bezüglich der Menschenrechte und ihren anderen internationalen Verpflichtungen die durch den Willen des Volkes frei geschaf- fene demokratische Ordnung gegen Aktivitäten von Personen, Gruppen oder Organisationen zu verteidigen und zu schützen, die sich des Terrorismus oder der Gewalt zum Sturz dieser Ordnung oder der Ordnung eines anderen Teilnehmerstaates bedienen oder auf deren Anwendung nicht verzichten wollen.

37 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(7.7) – sicherstellen, daß Recht und öffentliche Ordnung es gestatten, daß politische Wahlkampa- gnen in einer Atmosphäre der Fairness und der Freiheit durchgeführt werden, in der weder ad- ministrative Maßnahmen noch Gewalt oder Einschüchterung die Parteien und die Kandidaten daran hindern, frei ihre Ansichten und Fähigkeiten darzulegen, oder die die Wähler daran hindern, diese zu erfahren und zu erörtern oder ihre Stimme frei von Angst vor Repressalien abzugeben; (7.8) – dafür zu sorgen, daß der Zugang zu den Medien für alle politischen Gruppen und Einzel- personen, die sich an der Wahl beteiligen wollen, ohne Diskriminierung möglich ist und nicht durch gesetzliche oder administrative Hindernisse eingeschränkt wird; (7.9) – sicherstellen, daß Kandidaten, die die gesetzlich erforderliche Anzahl von Stimmen erhal- ten haben, ihr Amt ordnungsgemäß antreten und dieses bis zum Ende ihrer Amtszeit innehaben können oder bis die Amtszeit anderweitig auf eine gesetzlich geregelte Weise in Übereinstimmung mit parlamentarisch-demokratischen und verfassungsmäßigen Verfahrensregeln beendet wird.

Prag 1992 (Prager Dokument über die weitere Entwicklung der KSZE-Institutionen und -Strukturen: III. Menschliche Dimension)

9. Zur Erweiterung der praktischen Zusammenarbeit zwischen den Teilnehmerstaaten im Bereich der Menschlichen Dimension beschlossen die Minister, dem Büro für freie Wahlen, das künftig Büro für demokratische Institutionen und Menschenrechte genannt wird, zusätzliche Funktio- nen zu übertragen.

10. Nach Maßgabe allgemeiner Leitlinien des AHB sollte das Büro unter anderem: • am Sitz des Büros für demokratische Institutionen und Menschenrechte ein kurzes KSZE-Tref- fen einberufen, um die Durchführung der Verpflichtungen im Bereich der Menschlichen Di- mension der KSZE in jedem Jahr, in dem kein Folgetreffen stattfindet, zu behandeln (…) • als institutioneller Rahmen für den Austausch und die gemeinsame Nutzung von Informatio- nen über verfügbare technische Unterstützung, Fachwissen und nationale sowie internationale Programme dienen, die darauf abzielen, die neuen Demokratien beim Aufbau ihrer Institutio- nen zu unterstützen; • Kontakte zwischen denjenigen, die solche Hilfsleistungen anbieten, und denjenigen, die sie nut- zen möchten, erleichtern; • die Zusammenarbeit mit dem Europarat entwickeln, um die in dessen Datenbank gespeicher- ten Ressourcen und Dienstleistungen zu nutzen; • Kontakte zu den am Aufbau demokratischer Institutionen aktiv beteiligten nichtstaatlichen Or- ganisationen herstellen, um den interessierten Teilnehmerstaaten zu ermöglichen, deren um- fangreiche Ressourcen und Sachkenntnisse zu nutzen; • die Zusammenarbeit bei der Aus- und Weiterbildung in den für demokratische Institutionen einschlägigen Fachbereichen erleichtern;

38 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

• Treffen und Seminare zwischen allen Teilnehmerstaaten über die mit dem Aufbau und der Wie- derbelebung demokratischer Institutionen verbundenen Themen organisieren, wie beispielsweise ein Kurzseminar über freie Medien und – zu einem geeigneten Zeitpunkt – eines über Wan- 2 derbewegung. Diese Treffen und Seminare werden – falls nicht anders beschlossen – in War- schau durchgeführt.

11. Um unnötige Zweispurigkeit der Arbeit, insbesondere in den oben angeführten Bereichen zu ver- meiden, haben die Minister das Büro angewiesen, mit anderen auf dem Gebiet des Aufbaus demo- kratischer Institutionen und der Menschenrechte aktiven Institutionen eng zusammenzuarbeiten, insbesondere mit dem Europarat und der Europäischen Kommission für Demokratie durch Recht.

12. Der AHB wird alljährlich die Notwendigkeit für Treffen und Seminare über die menschliche Dimension und demokratische Institutionen prüfen und ein Arbeitsprogramm erstellen. (…)

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

(2) Die Teilnehmerstaaten bringen ihre feste Entschlossenheit zum Ausdruck, die volle Achtung der Menschenrechte und Grundfreiheiten zu gewährleisten, sich an den Grundsatz der Rechts- staatlichkeit zu halten, die Prinzipien der Demokratie zu fördern und in dieser Hinsicht demo- kratische Institutionen aufzubauen, zu stärken und zu schützen, und Toleranz in der gesamten Gesellschaft zu fördern. Zu diesem Zweck werden sie den Handlungsrahmen der KSZE erwei- tern, unter anderem durch die weitere Stärkung des BDIMR, so daß Informationen, Gedanken und Anliegen konkreter und sinnvoller ausgetauscht werden können, auch im Sinne einer Früh- warnung vor Spannungen und möglichen Konflikten. Dabei werden sie sich auf besonders bedeu- tende Themen der menschlichen Dimension konzentrieren. Sie werden deshalb der Stärkung der menschlichen Dimension ständige Beachtung schenken, insbesondere in einer Zeit des Wandels. (…)

Rahmen zur Überwachung der Einhaltung der KSZE-Verpflichtungen und zur Förderung der Zu- sammenarbeit im Bereich der menschlichen Dimension

(4) Um die Einhaltung der KSZE-Verpflichtungen zu verbessern und zu überwachen sowie Fort- schritte im Bereich der menschlichen Dimension zu fördern, kommen die Teilnehmerstaaten überein, den Rahmen ihrer Zusammenarbeit zu erweitern, und zu diesem Zweck beschließen sie folgendes:

Stärkung der Rolle des BDIMR

(5) Nach Maßgabe allgemeiner Leitlinien des AHB und zusätzlich zu seinen in der Charta von Paris für ein Neues Europa und im Prager Dokument über die weitere Entwicklung der KSZE- Institutionen und Strukturen dargelegten derzeitigen Aufgaben wird das BDIMR als Hauptinsti- tution der menschlichen Dimension: (5a) zur Überwachung der Einhaltung der Verpflichtungen im Bereich der menschlichen Dimen- sion beitragen, indem es:

39 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

• als Veranstaltungsort für bilaterale Treffen gemäß Punkt 2 und als Informationskanal gemäß Punkt 3 des Mechanismus der menschlichen Dimension dient, wie im Wiener Schlußdoku- ment dargelegt; • jegliche Stellungnahme von Staaten entgegennimmt, die von KSZE-Missionen besucht wur- den, die für die menschliche Dimension von Belang sind und nicht unter den Mechanismus der menschlichen Dimension fallen; es wird den Bericht solcher Missionen sowie mögliche Stellung- nahmen an alle Teilnehmerstaaten weiterleiten, damit sie auf dem nächsten Implementierungs- treffen oder der nächsten Überprüfungskonferenz erörtert werden können; • an Missionen teilnimmt oder diese unternimmt, wenn vom Rat oder dem AHB damit beauf- tragt; (5b) als Koordinierungsstelle dienen für Informationen über: • einen öffentlichen Notstand gemäß Punkt 28.10 des Dokuments des Moskauer Treffens der Kon- ferenz über die Menschliche Dimension; • die Listen benannter Experten und Unterstützung, zum Beispiel im Bereich von Volkszählun- gen oder über Demokratie auf lokaler und regionaler Ebene sowie die Abhaltung nationaler Se- minare zu solchen Themen; (5c) andere Aktivitäten im Bereich der menschlichen Dimension, einschließlich des Aufbaus de- mokratischer Institutionen, unterstützen, indem es: • die im „Programm für die koordinierte Unterstützung kürzlich aufgenommener Teilnehmer- staaten“ definierten Aufgaben erfüllt; • „Seminare über den demokratischen Prozeß“ auf Ersuchen von Teilnehmerstaaten durchführt. Für diese Seminare gelten dieselben Verfahrensbestimmungen wie die im „Programm für die koordinierte Unterstützung kürzlich aufgenommener Teilnehmerstaaten“; • zur Vorbereitung von Seminaren auf Ersuchen eines oder mehrerer Teilnehmerstaaten im Rah- men seiner verfügbaren Mittel beiträgt; • dem Hohen Kommissar für nationale Minderheiten Arbeitsmittel, soweit angemessen, zur Ver- fügung stellt; • soweit angemessen mit einschlägigen internationalen und nichtstaatlichen Organisationen Ver- bindung hält; • sich mit einschlägigen Gremien des Europarats und ihm assoziierten Gremien berät und mit ih- nen zusammenarbeitet sowie überprüft, inwieweit diese gegebenenfalls zur Durchführung der Aktivitäten des BDIMR beitragen können. Auf Ersuchen von Teilnehmerstaaten stellt ihnen das BDIMR ebenfalls Informationen über den Inhalt der Programme im Rahmen des Europarats zur Verfügung, die allen Teilnehmerstaaten offenstehen.

(6) Die vom BDIMR unternommenen Aktivitäten zu Fragen der menschlichen Dimension können unter anderem zur Frühwarnung bei der Verhütung von Konflikten beitragen.

Mechanismus der menschlichen Dimension

(7) Um den Mechanismus der menschlichen Dimension an bestehende KSZE-Institutionen und – Strukturen anzupassen, beschließen die Teilnehmerstaaten folgendes:

Jeder Teilnehmerstaat, der dies als notwendig erachtet, kann den Teilnehmerstaaten durch das BDIMR – welches ebenfalls gemäß Punkt 2 als Veranstaltungsort für bilaterale Treffen dienen kann – oder auf diplomatischem Wege Informationen über Situationen und Fälle, die gemäß Punkt 1 oder 2 des Kapitels über die „Menschliche Dimension der KSZE“ des Wiener Schlußdokuments Ge- genstand von Ersuchen gewesen sind, oder über die Ergebnisse solcher Verfahren zuleiten. Solche

40 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Informationen können bei Treffen des AHB, Implementierungstreffen über Fragen der menschli- chen Dimension und Überprüfungskonferenzen erörtert werden. (…) 2 Implementierungstreffen über Fragen der menschlichen Dimension

(9) In jedem Jahr in dem keine Überprüfungskonferenz stattfindet, organisiert das BDIMR an sei- nem Sitz ein dreiwöchiges Treffen aller Teilnehmerstaaten auf Expertenebene zur Überprüfung der Durchführung der Verpflichtungen im Bereich der menschlichen Dimension. Dieses Treffen nimmt folgende Aufgaben wahr: (9a) einen vertieften Meinungsaustausch über die Durchführung der Verpflichtungen im Bereich der menschlichen Dimension, einschließlich der Erörterung der Informationen, die gemäß Punkt 4 des Mechanismus der menschlichen Dimension bereitgestellt werden, und über die in den Be- richten von KSZE-Missionen behandelten Aspekte der menschlichen Dimension, sowie die Erwä- gung von Möglichkeiten zur Verbesserung der Implementierung; (9b) Bewertung der Verfahren zur Überwachung bezüglich der Einhaltung von Verpflichtungen.

(10) Das Implementierungstreffen kann die Aufmerksamkeit des AHB auf Maßnahmen zur Ver- besserung der Durchführung lenken, die es als notwendig erachtet.

(11) Das Implementierungstreffen erarbeitet kein verhandeltes Dokument.

(12) Schriftliche Beiträge und Informationsmaterial sind je nach Angabe des einreichenden Staats unbeschränkt oder beschränkt zugänglich.

(13) Implementierungstreffen werden in formellen und informellen Sitzungen veranstaltet. Alle formellen Sitzungen sind offen. Darüber hinaus können die Teilnehmerstaaten von Fall zu Fall in- formelle Sitzungen für die Öffentlichkeit zugänglich machen.

(14) Der Europarat und die Europäische Kommission für Demokratie durch Recht, die Europäi- sche Bank für Wiederaufbau und Entwicklung (EBRD) sowie andere einschlägige internationale Organisationen und Institutionen, werden vom Implementierungstreffen ermutigt, beizuwohnen und Beiträge zu leisten.

(15) Nichtstaatliche Organisationen mit einschlägigen Erfahrungen im Bereich der menschlichen Dimension werden eingeladen, dem Implementierungstreffen schriftliche Darlegungen zu übermit- teln, zum Beispiel durch das BDIMR, und können vom Implementierungstreffen auf der Grund- lage ihrer schriftlichen Darlegungen, falls angebracht, jederzeit eingeladen werden, zu spezifischen Fragen mündlich Stellung zu nehmen.

(16) An zwei halben Tagen im Verlauf des Implementierungstreffens wird keine offizielle Sitzung angesetzt, um bessere Möglichkeiten für mögliche Kontakte mit nichtstaatlichen Organisationen zu schaffen. Zu diesem Zweck wird den nichtstaatlichen Organisationen am Tagungsort ein Saal zur Verfügung gestellt.

KSZE-Seminare zur menschlichen Dimension

(17) Nach Maßgabe allgemeiner Leitlinien des AHB wird das BDIMR KSZE-Seminare zur mensch- lichen Dimension veranstalten, die sich mit spezifischen Fragen befassen, die von besonderer Rele- vanz für die menschliche Dimension und von aktuellem politischen Interesse sind. Der AHB wird

41 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

ein Jahresarbeitsprogramm festlegen, einschließlich der Titel und Termine für derartige Seminare. Tagesordnung und Modalitäten jedes Seminars werden vom AHB spätestens ein Vierteljahr vor dem Seminar gebilligt. Dabei wird der AHB vom BDIMR zum Ausdruck gebrachte Vorstellungen berücksichtigen. Falls nicht anders entschieden wird, finden diese Seminare am Sitz des BDIMR statt und dauern höchstens eine Woche. Das Arbeitsprogramm wird die Arbeit einschlägiger in- ternationaler Organisationen und Institutionen berücksichtigen.

(18) Diese Seminare werden offen und flexibel veranstaltet. Einschlägige internationale Organisa- tionen und Institutionen können eingeladen werden, teilzunehmen und Beiträge zu leisten. Dies gilt ebenfalls für nichtstaatliche Organisationen mit einschlägigen Erfahrungen. Unabhängigen Experten, die dem Seminar als Mitglieder nationaler Delegationen beiwohnen, wird es freistehen, auch in persönlicher Eigenschaft zu sprechen.

(19) KSZE-Seminare werden in formellen und informellen Sitzungen veranstaltet. Alle formellen Sitzungen sind offen. Darüber hinaus können die Teilnehmerstaaten von Fall zu Fall informelle Sitzungen für die Öffentlichkeit zugänglich machen.

(20) KSZE-Seminare erarbeiten weder ein verhandeltes Dokument noch Folgeprogramme.

(21) Beiträge unabhängiger Experten sind unbeschränkt zugänglich.

Rom 1993 (Beschlüsse: IV. Die menschliche Dimension)

(3) Der politische Konsultationsprozeß und KSZE-Missionen (…) • Den Fragen der menschlichen Dimension wird in den Mandaten der KSZE- Missionen sowie in den Folgemaßnahmen zu den Missionsberichten weitere Aufmerksamkeit geschenkt. Zu diesem Zweck wird das BDIMR bei der Vorbereitung von KSZE-Missionen eine größere Rolle erhalten, unter anderem bei der Bereitstellung von Informationen und der Beratung von Missionen ent- sprechend seiner Sachkenntnis. (…)

4. Büro für Demokratische Institutionen und Menschenrechte

Die Minister beschlossen, die Aufgaben und Operationen des BDIMR zu stärken. Das BDIMR wird seine Tätigkeit entsprechend seinem Mandat unter anderem in folgenden Bereichen verstärken: • Aufbau einer erweiterten Datenbank von Experten in den für die menschliche Dimension rele- vanten Bereichen. Die Teilnehmerstaaten und nichtstaatlichen Organisationen werden ersucht, das BDIMR über Experten in Kenntnis zu setzen, die in den für die menschliche Dimension relevanten Bereichen zur Verfügung stehen; (…) • verstärkte Zusammenarbeit mit einschlägigen internationalen Organisationen zur Koordinie- rung der Tätigkeit und zur Feststellung möglicher Bereiche für gemeinsame Unternehmungen; • Entgegennahme von Informationen, die von nichtstaatlichen Organisationen mit einschlägigen Erfahrungen im Bereich der menschlichen Dimension bereitgestellt werden; • Funktion als Kontaktstelle für Informationen, die Teilnehmerstaaten entsprechend den KSZE- Verpflichtungen bereitstellen;

42 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

• Verbreitung allgemeiner Informationen über die menschliche Dimension und das humanitäre Völkerrecht. 2 Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

8. Das BDIMR wird als wichtigste Institution im Bereich der menschlichen Dimension in Abspra- che mit dem amtierenden Vorsitzenden in beratender Funktion an den Diskussionen des Hohen Rates und des Ständigen Rates teilnehmen, indem es in regelmäßigen Abständen über seine Tä- tigkeit berichtet und Informationen über Durchführungsfragen bereitstellt. Es wird begleitendes Material für die jährliche Überprüfung der Durchführung zur Verfügung stellen und erforder- lichenfalls die eingegangenen Informationen klarstellen oder ergänzen. In enger Absprache mit dem amtierenden Vorsitzenden kann der Direktor des BDIMR weitere Maßnahmen vorschlagen.

9. Die Teilnehmerstaaten sind sich der Notwendigkeit bewußt, über das BDIMR verstärkt mit anderen im Bereich der menschlichen Dimension aktiven internationalen Organisationen und Institutionen, unter anderem mit dem Hohen Kommissar der Vereinten Nationen für Menschen- rechtsfragen zusammenzuarbeiten, um Informationen, einschließlich von Berichten, auszutauschen und die im vorliegenden Dokument dargelegten zukunftsorientierter Aktivitäten zu entfalten.

10. Die Teilnehmerstaaten beschließen (…) • das BDIMR zu beauftragen, als Koordinierungsstelle für Informationsaustausch über Medien- fragen in der Region zu fungieren, und Regierungen, Journalisten und nichtstaatliche Organi- sationen anzuregen, dem BDIMR Informationen über die Lage der Medien zuzuleiten.

11. Mit dem BDIMR wird hinsichtlich des Mandats einer KSZE-Mission vor dessen Annahme Rücksprache genommen, und das BDIMR wird zu den auf der Grundlage der Missionsberichte zu ergreifenden Folgemaßnahmen, die vom Ständigen Rat zu beschließen sind, seinen Beitrag leisten. Die dem BDIMR vorliegenden Informationen über Experten im Bereich der menschlichen Dimen- sion sollten dazu benutzt werden, Personal für KSZE-Missionen zu finden.

Diese Missionen werden auch ein Mitglied der Mission benennen, das im Hinblick auf Fragen im Bereich der menschlichen Dimension in ständiger Verbindung mit dem BDIMR und mit nicht- staatlichen Organisationen steht. (…)

13. Die im Kapitel über die menschliche Dimension des vorliegenden Dokuments genannten Be- stimmungen stellen in keiner Weise eine Änderung der Mandate des BDIMR oder des HKNM dar.

BDIMR-Seminare

14. Die Anzahl der großen Seminare im Bereich der menschlichen Dimension wird in der Regel auf zwei pro Jahr reduziert. Sie werden sich auf Themen konzentrieren, die von ganz allgemei- nem Interesse sind.

Regionalen Seminaren wird erhöhte Aufmerksamkeit gewidmet. Gegebenenfalls bilden sie einen Teil des „Programms zur koordinierten Unterstützung“. Diese Seminare sollten die vollzählige Teilnahme der Staaten in der Region anstreben, in der sie abgehalten werden (…)

43 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

43. Sie kamen überein, daß die Fähigkeit des BDIMR zur Bereitstellung von gründlichem Sachwis- sen über Fragen im Bereich der menschlichen Dimension gemäß dem Programm zur koordinier- ten Unterstützung weiterentwickelt werden sollte. Um auf die alle Aspekte der Demokratisierung betreffenden Ersuchen der kürzlich unabhängig gewordenen Staaten um Beratung zu reagieren, beschlossen sie, daß der Einsatz von allgemeinen Experten im Rahmen des Programms zur ko- ordinierten Unterstützung eine nützliche Verstärkung der Rolle des BDIMR darstellen würde.

Laibach 2005 (Beschluss Nr. 11/05 über die Förderung der Menschenrechtserziehung und – Ausbildung im OSZE-Raum)

Der Ministerrat, (…)

beauftragt das BDIMR, unter Nutzung der einschlägigen Kenntnisse und Erfahrungen, die in den OSZE-Strukturen, -Institutionen und -Feldeinsätze sowie in den OSZE-Teilnehmerstaaten vorhanden sind: • eine Sammlung bewährter Methoden zusammenzustellen, wie die Teilnehmerstaaten die För- derung der Menschenrechtserziehung und -ausbildung einschließlich der Förderung der Tole- ranz, der gegenseitigen Achtung, des Verständnisses füreinander und der Nichtdiskriminierung im OSZE-Raum verbessern können.

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat, (…)

beauftragt das BDIMR und andere in Frage kommende OSZE-Strukturen:

die Teilnehmerstaaten dabei zu unterstützen, erfolgreiche Beispiele, Fachwissen und bewährte Praktiken zur Verbesserung der Strafrechtspflege weiterzugeben;

die Teilnehmerstaaten auf deren Ersuchen bei der Stärkung der institutionellen Funktion von Ver- teidigern zum Schutz und zur Verteidigung der Rechte ihrer Mandanten zu unterstützen.

Brüssels 2006 (Beschluss Nr. 5/06 über die organisierte Kriminalität)

Der Ministerrat, (…)

(d) beauftragt den Generalsekretär und das BDIMR, die Teilnehmerstaaten regelmäßig auf dem Laufenden zu halten und den Teilnehmerstaaten vor der Sommerpause 2007 einen gemeinsamen schriftlichen Bericht über die Umsetzung dieser Aufgaben vorzulegen;

(e) beauftragt den Ständigen Rat, diesen Bericht zur Kenntnis zu nehmen und gegebenenfalls eine mögliche Nachbereitung zu erwägen;

(f) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE ein- schließlich des BDIMR, sich – gegebenenfalls in Koordination und Kooperation mit anderen in- ternationalen Organisationen und Institutionen – bereit zu erklären, von den Teilnehmerstaaten vorgebrachte Vorschläge für Projekte und Ersuchen um Zusammenarbeit aufzugreifen und die

44 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Unterstützung von Ausbildungsprogrammen zu erwägen, all dies im Rahmen ihres jeweiligen Mandats und soweit Beiträge zu diesem Zweck zur Verfügung stehen; (…) 2

II. Zusätzliche Aufgaben im Zusammenhang mit Wahlen

Rom 1993 (Beschlüsse: IV. Die menschliche Dimension)

4. Büro für Demokratische Institutionen und Menschenrechte

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

12. Das BDIMR wird vor, während und nach Wahlen eine verstärkte Rolle bei der Wahlüberwa- chung übernehmen. In diesem Zusammenhang sollte das BDIMR die Bedingungen für das freie und unabhängige Funktionieren der Medien beurteilen.

Die Teilnehmerstaaten ersuchen darum, die Koordinierung zwischen den verschiedenen die Wahl- überwachung durchführenden Organisationen zu verbessern, und beauftragen das BDIMR, in Absprache mit allen einschlägigen Organisationen einen diesbezüglichen Koordinierungsrah- men zu schaffen.

Um die Vorbereitungen und Verfahren der Wahlüberwachung zu verbessern, wird das BDIMR außerdem ein Handbuch für Wahlüberwacher und einen fortlaufenden Kalender für anstehende Wahlen erarbeiten.

Maastricht 2003 (Beschluss Nr. 5/03 über Wahlen)

Der Ministerrat, (…)

Beauftragt das BDIMR, nach Möglichkeiten zur Verbesserung der Effizienz seiner Hilfestellung für Teilnehmerstaaten im Gefolge der in Wahlbeobachtungsberichten des BDIMR abgegeben Empfehlungen.

Brüssel 2006 (Beschluss Nr. 19/06 über die Stärkung der Wirksamkeit der OSZE)

Der Ministerrat, (…)

1. dankt dem BDIMR für die von ihm gemäß Beschluss Nr. 17/05 Absatz 2 des Ministerrats geleis- tete Arbeit und nimmt Kenntnis von seinem Bericht vom 10. November 2006;

45 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(…)

7. würdigt die Fachkompetenz des BDIMR bei der Unterstützung der Teilnehmerstaaten durch seine wahlbezogenen Aktivitäten, einschließlich der Überarbeitung von Wahlgesetzen und der Durchführung von Wahlbeobachtungen;

8. spricht sich dafür aus, dass die wahlbezogenen Aktivitäten der OSZE weiter ausgebaut werden, (…)

10. bekräftigt die Zusage der Teilnehmerstaaten, Wahlbeobachter aus anderen Teilnehmerstaaten, dem BDIMR, der Parlamentarischen Versammlung der OSZE und geeigneten Institutionen und Organisationen, die Wahlen zu beobachten wünschen, zu Wahlen einzuladen; (…)

12. stellt fest, dass es nach wie vor notwendig ist, Rechenschaftspflicht, Objektivität, Transparenz und Professionalität in der Wahlbeobachtung zu gewährleisten;

13. stimmt zu, dass das BDIMR die Verbesserungen und Empfehlungen betreffend wahlbezogene Aktivitäten in die Tat umsetzen sollte, einschließlich der im Bericht beschriebenen und insbeson- dere der nachstehend angeführten, und wird gegebenenfalls durch seinen Direktor Berichte über ihre Durchführung zur Prüfung durch den Ständigen Rat vorlegen: • weitere Verstärkung der Beobachtungsmethoden und Hilfsprogramme; • Gewährleistung einer möglichst breiten geographischen Streuung der Wahlaktivitäten des BDIMR; • weitere Verbreiterung der Beteiligung von Kurzzeit und Langzeitbeobachtern sowie von Kern- teambeobachtern durch eine verstärkte Unterstützung durch eine größere Anzahl von Teilneh- merstaaten durch Ermutigung der Teilnehmerstaaten, Beiträge zum Diversifizierungsfonds zu leisten, sowie durch Unterstützung einzelstaatlicher Schulungsbemühungen und durch die Ent- wicklung OSZE-weiter Netze von Wahlbeobachtungsspezialisten; • weitere Erhöhung der Transparenz bei der Besetzung von Beobachtungsteams, unter gleichzei- tiger Wahrung höchster professioneller Standards, unter anderem durch aktive Werbung, Schu- lung, Wettbewerbsverfahren und offene Listen für Leiter von Wahlbeobachtungsmissionen und Mitglieder der „Kernteams“, die den Teilnehmerstaaten regelmäßig zugeleitet werden und auf die in öffentlich zugänglichen Datenbanken zugegriffen werden kann; • größtes Augenmerk auf Unabhängigkeit, Unparteilichkeit und Professionalität der BDIMR- Wahlbeobachtung • Verbreiterung der sprachlichen Basis und Gewährleistung, dass die verwendeten Sprachen die Wirksamkeit der Beobachtung in keiner Weise beeinträchtigen;

14. betont, dass die Wahlbeobachtung ein gemeinsames Unternehmen unter Beteiligung des BDIMR der OSZE, der Parlamentarischen Versammlung der OSZE und anderer parlamentari- scher Institutionen ist;

15. stellt fest, dass eine enge Zusammenarbeit mit der Parlamentarischen Versammlung der OSZE das Profil der Wahlbeobachtungsbemühungen der OSZE beträchtlich verstärkt, und fordert das BDIMR auf, auch weiterhin bei Wahlbeobachtungsmissionen partnerschaftlich mit der parla- mentarischen Versammlung auf der Grundlage der Kooperationsvereinbarung von 1997 zusam- menzuarbeiten; (…)

46 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

III. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti

Siehe auch: 2 I. 2.3.4.A.IV: Zusätzliche Aufgaben im Zusammenhang mit Toleranz und Nichtdiskriminie- rung, einschließlich Roma- und Sinti-Themen

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

23. Die Teilnehmerstaaten beschließen, im Rahmen des BDIMR eine Kontaktstelle für Fragen der Roma und Sinti (Zigeuner) einzurichten. Das BDIMR wird beauftragt: • als Koordinierungsstelle für Informationsaustausch über Fragen von Roma und Sinti (Zigeu- ner) zu fungieren, einschließlich von Informationen über die Umsetzung von Verpflichtungen bezüglich der Roma und Sinti (Zigeuner); • Kontakte zwischen Teilnehmerstaaten, internationalen Organisationen und Institutionen sowie nichtstaatlichen Organisationen betreffend Fragen der Roma und Sinti (Zigeuner) zu erleichtern; • Kontakte zwischen den KSZE-Institutionen und anderen internationalen Organisationen und Institutionen bezüglich dieser Fragen aufrechtzuerhalten und auszubauen.

Zur Erfüllung dieser Aufgaben wird das BDIMR die vorhandenen Ressourcen in vollem Umfang nutzen. In diesem Zusammenhang begrüßen sie die Ankündigung einiger Roma- und Sinti- (Zi- geuner-) Organisationen, daß sie freiwillige Beiträge zu leisten beabsichtigen.

24. Die Teilnehmerstaaten begrüßen die in anderen internationalen Organisationen und Institu- tionen in bezug auf Fragen der Roma und Sinti (Zigeuner) durchgeführten Aktivitäten, insbeson- dere die des Europarats.

Oslo 1998 (Beschluss über die Verstärkung der Fähigkeiten der OSZE im Hinblick auf Fragen der Roma und Sinti)

Der Ministerrat,

Eingedenk der bestehenden OSZE-Verpflichtungen gegenüber den Roma und Sinti, und

unter Hinweis auf den Beschluß des Budapester Gipfeltreffens, im BDIMR eine Kontaktstelle für Fragen der Roma und Sinti (Zigeuner) einzurichten,

1. beschließt, in dieser Hinsicht die Fähigkeit der OSZE durch Stärkung der bestehenden Kon- taktstelle für Fragen der Roma und Sinti im BDIMR auszubauen. Diese wird unter anderem fol- gende Prioritäten verfolgen: • Verstärkung des Zusammenwirkens der OSZE mit den Regierungen der Teilnehmerstaaten, mit Vertretern der Volksgruppen der Roma und Sinti sowie mit internationalen Organisationen, In- itiativen und für Fragen der Roma und Sinti bedeutsamen NGOs, und insbesondere Sicherstel- lung einer weiteren wechselseitigen Stärkung der Zusammenarbeit mit dem Koordinator für Roma im Europarat, um eine Doppelgleisigkeit der Bemühungen zu vermeiden, einschließlich der Einrichtung regelmäßiger Konsultationen mit diesen Organisationen, Initiativen und NGOs, um Synergien und gemeinsame Ansätze zu entwickeln, die es den Volksgruppen der Roma und Sinti erleichtern sollen, sich in die jeweilige Gesellschaft, in der sie leben, unter Erhaltung ihrer Identität vollständig zu integrieren;

47 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

• gegebenenfalls Verstärkung der Zusammenarbeit zwischen OSZEInstitutionen und -Missionen/ Präsenzen vor Ort im Hinblick auf Roma und Sinti; • Entwicklung eines Arbeitsprogramms – ausgehend von Beiträgen der Teilnehmerstaaten, der OSZE-Institutionen und insbesondere des HKNM, der Volksgruppen der Roma und Sinti, von NGOs und internationalen Organisationen und anderen Institutionen und Initiativen -, das un- ter anderem Seminare, Workshops und Clearingstellen beinhalten soll; • Sammlung von Informationen aus den Teilnehmerstaaten über gesetzliche und andere Maß- nahmen in bezug auf die Lage der Roma und Sinti, um diese der OSZE-Gemeinschaft sowie anderen interessierten internationalen Organisationen zugänglich zu machen und zusätzliche Berichte zur Lage der Roma und Sinti im OSZE-Gebiet auszuarbeiten.

2. beschließt ferner, daß sich die Kontaktstelle ausschließlich mit Angelegenheiten der Roma und Sinti befassen soll;

Maastricht 2003 (Anhang zum Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels; Aktionsplan der OSZE zur Bekämpfung des Menschenhandels)

Maßnahmen von OSZE-Institutionen und -Gremien

6. Datensammlung und Forschung (…) 6.2 Beauftragung der BDIMR-Kontaktstelle für Fragen der Roma und Sinti, die Sammlung von Daten zum Menschenhandel, insbesondere über Kinderhandel, und dessen Auswirkungen auf die Gemeinschaft der Roma und Sinti fortzusetzen.

Maastricht 2003 (Anhang zum Beschluss Nr. 3/03; Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

III Bekämpfung von Rassismus und Diskriminierung

Gesetzgebung und Rechtsdurchsetzung

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

23. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich für eine Verbesserung der Beziehungen zwischen nichtstaatlichen Organisationen der Roma und Sinti und den Teilneh- merstaaten einsetzen.

24. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird als Clearing-Stelle für In- itiativen der Teilnehmerstaaten agieren und den Informationsaustausch über bewährte Prakti- ken erleichtern.

25. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird in enger Zu-sammenarbeit mit den Teilnehmerstaaten, Roma- und Sinti-Gemeinden und nach Möglichkeit auch mit ande- ren internationalen Organisationen sowie unter voller Achtung der Daten-schutzgesetze Doku- mentationsmaterial sammeln, das die Entwicklung gezielterer politischer Maßnahmen ermöglicht.

48 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Polizei

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: 2 (…)

34. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und die Gruppe für strategische Polizeiangelegenheiten werden im Rahmen ihrer jeweiligen Mandate eine Sammlung „bewährter Polizeipraktiken“ in der OSZE-Region zum Thema Polizeiarbeit und Roma- und Sinti-Gemein- den zusammenstellen.

35. Der HKNM, die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und die Gruppe für strategische Polizeiangelegenheiten werden den Teilnehmerstaaten dabei behilflich sein, Verhal- tenskodizes zur Verhütung rassebezogener Klischees und zur Verbesserung interethnischer Be- ziehungen auszuarbeiten.

IV. Behandlung sozioökonomischer Fragen

Wohnungswesen und Lebensbedingungen

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

47. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und das Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE werden ermutigt, sich intensiver dafür einzusetzen, dass Informationen über Ressourcen verfügbar gemacht werden, die ausländische Geber für konkrete – insbesondere von Roma- und Sinti-Gruppen entwickelte – Projekte zur so- zialen und wirtschaftlichen Entwicklung von Roma- und Sinti-Gemeinschaften bereitstellen, und dass diese Ressourcen leichter zugänglich sind.

Arbeitslosigkeit und wirtschaftliche Probleme

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

54. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordinator für öko- nomische und ökologische Aktivitäten der OSZE werden die Entwicklung der Beschäftigungs- chancen und unternehmerischen Fähigkeiten der Roma und Sinti unterstützen, indem sie in den Teilnehmerstaaten Ausbildungs- und Umschulungsprogramme einrichten. Erfolgreiche Prakti- ken, insbesondere hinsichtlich der Entwicklung unternehmerischer Fähigkeiten und kleiner und mittlerer Unternehmen (KMU) (z. B. das Seminarprogramm für Jungunternehmer) könnten an die Bedürfnisse der Roma und Sinti angepasst werden. (…)

56. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordinator für öko- nomische und ökologische Aktivitäten der OSZE werden anhand von Forschungsergebnissen des UNDP und anderer Organisationen die Bedürfnisse der Roma und Sinti ermitteln, um politische Strategien fördern zu können, die Art und Umfang ihrer speziellen Bedürfnisse in jedem Teilneh- merstaat berücksichtigen.

57. In Abstimmung mit einschlägigen internationalen Organisationen (insbesondere UNDP und Weltbank) werden die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Koordi- nator für ökonomische und ökologische Aktivitäten der OSZE prüfen, wie ein besserer Zugang der

49 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Roma und Sinti zu regulären Ausbildungsprogrammen erreicht werden kann. es können auf die Bedürfnisse der Roma und Sinti zugeschnittene Workshops oder Diskussionen am Runden Tisch organisiert werden, in denen die Mitglieder der Gemeinschaft über die wirtschaftlichen und sozi- alen Rechte des Einzelnen und von Unternehmen informiert und unterrichtet werden.

Gesundheitswesen

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

65. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und gegebenenfalls andere OSZE- Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden die Teilnehmerstaa- ten bei der Einführung von Bildungsinitiativen unterstützen, die mithelfen sollen, dass die Roma und Sinti die regulären Gesundheitsdienste voll in Anspruch nehmen. Sie werden unter anderem einschlägige Informationen über bewährte Praktiken sammeln, zusammenstellen und verbreiten.

66. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird insbesondere gewährleis- ten, dass Roma und Sinti Zugang zu Programmen zur Verhinderung bzw. Behandlung von Dro- genmissbrauch und -abhängigkeit sowie von Aids und damit verbundenen Erkrankungen haben.

VII. Roma und Sinti in und nach Krisensituationen (…)

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

114. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti ist entsprechend ihrem Mandat aufgerufen, in Krisensituationen wirksam zu reagieren, indem es unter anderem mit den betreffen- den Regierungen, zwischenstaatlichen Gremien und internationalen Organisationen, insbesondere UNHCR, zusammenarbeitet, um den Schutz gefährdeter RomaGemeinschaften zu gewährleisten.

115. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird unter öffentlichen Bediens- teten, Journalisten und anderen Personengruppen Aufklärungsarbeit im Hinblick auf die Lage der Roma und Sinti in Krisen- oder Konfliktgebieten leisten.

VIII. Verstärkung der Zusammenarbeit und Koordination mit anderen internationalen Organisationen und NROs Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich weiterhin aktiv an der Informellen Kontaktgruppe der zwischenstaatlichen Organisationen für Roma- Fragen beteiligen.* (…)

121. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich darum bemühen, die „Internationale Roma-Kontaktgruppe“ zu konsolidieren, und wird weitere Beiträge zur Initiative des Europarats hinsichtlich eines möglichen Europäischen Forums für Roma und Traveller leisten.

* Der Informellen Kontaktgruppe der zwischenstaatlichen Organisationen für Roma-Fragen gehören Vertreter der OSZE/BDIMR, des Europarats, der Europäischen Kommission und der Europäischen Union an. Die Internati- onale Roma-Kontaktgruppe wurde im Oktober 2000 auf Initiative der Kontaktstelle des BDIMR für Fragen der

50 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

122. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird den betreffenden natio- nalen und internationalen Institutionen Informations- und Koordinationsdienste bieten und den Dialog zwischen ihnen und Roma-NROs erleichtern. 2 123. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich darum bemühen, Be- ziehungen zu Organisationen der Roma und Sinti herzustellen, und ihnen dabei helfen, ihre Be- mühungen und Ressourcen, sowohl innerhalb einzelner Staaten als auch über Grenzen hinweg, zu koordinieren und in vollem Umfang von den Möglichkeiten Gebrauch zu machen, die durch bestehende nationale und internationale, Roma und Sinti betreffende politische Strategien gebo- ten werden.

124. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird sich die Erfahrungen und Beiträge bestehender Monitoring-Projekte, die von anderen internationalen Organisationen ent- wickelt wurden, zunutze machen.

IX. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti

125. Bei Bedarf wird die Kontaktstelle des BDIMR für Fragen der Roma und Sinti die Weitergabe von Informationen zwischen OSZE-Teilnehmerstaaten erleichtern, die nationale politische Stra- tegien für Roma und Sinti entwickelt haben oder diese verbessern möchten.

126. Auf Ersuchen wird die Kontaktstelle des BDIMR für Fragen der Roma und Sinti Teilnehmer- staaten in Bezug auf zukünftige politische Strategien betreffend Roma und Sinti beraten und zu einem Diskurs zwischen Regierungen und Roma-NROs anregen.

127. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird den Aufbau von Kapazi- täten in Roma- und Sinti-NROs unterstützen.

128. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird eine Datenbank bewähr- ter Praktiken der OSZE-Teilnehmerstaaten einrichten.

129. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti sollte bei der Analyse der von Teilnehmerstaaten getroffenen Maßnahmen sowie in bestimmten Situationen und bei Zwischen- fällen betreffend Roma und Sinti eine konstruktive Rolle spielen. Zu diesem Zweck wird die Kon- taktstelle direkte Kontakte zu Teilnehmerstaaten herstellen und pflegen und diesen als Berater und Gutachter zur Verfügung stehen.

130. Die betreffenden Regierungen werden bei der Suche nach effizienten Lösungen für Krisen- situationen mit der Kontaktstelle des BDIMR für Fragen der Roma und Sinti zusammenrbeiten.

131. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird Roma- und SintiGemein- schaften besser über die Ressourcen und Aktivitäten der OSZE informieren.

132. In Zusammenarbeit mit einschlägigen OSZE-Institutionen und -Strukturen wird das BDIMR geeignete Maßnahmen ausarbeiten, deren Ziel es ist, den Menschenhandel, insbesondere den Kin- derhandel, an seinen Wurzeln zu bekämpfen und den Roma- und SintiGemeinschaften dessen Folgen bewusst zu machen.

Roma und Sinti eingerichtet. Der Kontaktgruppe gehören Vertreter der International Romani Union, des Roma National Congress, gewählte Roma-Vertreter, Roma-Experten und Vertreter der Kontaktstelle des BDIMR für Fragen der Roma und Sinti an.

51 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(…)

138. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti wird Gemeinschaften und Or- ganisationen der Roma und Sinti und andere internationale Organisationen über diesen Aktions- plan informieren.

Massenmedien

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

41. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und der Medienbeauftragte wer- den mit Journalisten Runde Tische über das Bild der Roma- und Sinti-Gemeinschaften in der Ge- sellschaft veranstalten.

VI. Verstärkung der Teilnahme am öffentlichen und politischen Leben

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

100. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti sollte an der Organisation von Schulungen für und durch Roma-NROs, einschließlich Medienorganisationen, mitwirken, durch die einer breiteren Roma-Öffentlichkeit demokratische Abläufe und Fragen der demokratischen Mitsprache näher gebracht werden sollen. (…)

105. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden Programme erstellen, durch die Vertreter der Roma und Sinti motiviert werden, für gewählte Organe zu kan- didieren, oder nach kreativen Lösungen suchen, die die Mitwirkung von Vertretern der Roma und Sinti an nationalen und lokalen Entscheidungsprozessen gewährleisten.

5. Den maßgeblichen Durchführungsorganen der OSZE nahezulegen, ihre Aktivitäten zum Auf- bau der Kapazitäten von Roma- und Sinti-Frauen- und -Jugendorganisationen zu intensivieren, um die Mitwirkungsmöglichkeiten, die Bildung und Nichtdiskriminierung der Roma- und Sinti- Frauen und -Jugendlichen zu fördern und Anreize für eine den Männern gleichgestellte Teilnahme von Roma- und Sinti-Frauen auf allen für sie belangreichen Gebieten zu schaffen;

52 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

IV. Zusätzliche Aufgaben im Zusammenhang mit Toleranz und Nichtdiskriminierung, einschliesslich Roma- und Sinti-Themen 2 Siehe auch: I. 2.3.4.A.III: Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti

Rom 1993 (Beschlüsse: X. Erklärung über aggressiven Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus)

1. Die Minister erinnerten an ihre auf der Stockholmer Tagung des Rates angenommenen Be- schlüsse und nahmen mit großer Besorgnis die zunehmenden Erscheinungen von aggressivem Nationalismus, wie territorialen Expansionismus, Rassismus, Chauvinismus, Fremdenfeindlich- keit und Antisemitismus zur Kenntnis. (…)

6. Die Minister vereinbarten, dieser Frage auf der Tagesordnung der KSZE auch künftig hohe Pri- orität beizumessen, und beschlossen daher (…)

das BDIMR zu ersuchen, diesen Phänomenen besondere Beachtung zu schenken und die zur Be- handlung dieser Probleme notwendigen Ressourcen einzusetzen.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

25. Die Teilnehmerstaaten verurteilen Äußerungen von Intoleranz, und insbesondere von aggres- sivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus und Antisemitismus und werden auf deren Ausmerzung abzielende wirksame Maßnahmen weiterhin fördern. Sie ersuchen das BDIMR, diesen Erscheinungen besondere Aufmerksamkeit zu schenken, indem es Informationen über deren verschiedene Äußerungen in den Teilnehmerstaaten sammelt.

Bukarest 2001 (Beschluss Nr. 5/01)

Der Ministerrat, (…)

ruft die OSZE-Institutionen, insbesondere das BDIMR, den Hohen Kommissar für nationale Min- derheiten und den Beauftragten für Medienfreiheit, dazu auf, Äußerungen von aggressivem Natio nalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus verstärkte Aufmerksamkeit zu schenken, Intoleranz und Diskriminierung aufgrund der rassischen oder ethnischen Herkunft, der religiösen, politischen oder sonstigen Überzeugung entgegenzuwirken und die Achtung der Rechtsstaatlichkeit, der demokratischen Werte, der Men- schenrechte und Grundfreiheiten, einschließlich der Meinungs-, Gedanken-, Überzeugungs-, Re- ligions- und Glaubensfreiheit, zu fördern;

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

III Bekämpfung von Rassismus und Diskriminierung

Gesetzgebung und Rechtsdurchsetzung

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

53 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

20. Das BDIMR und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden den Teilnehmerstaaten auf deren Ersuchen bei der Ausarbeitung von Antidiskriminierungsgesetzen sowie bei der Einrichtung von Antidiskriminierungsstellen behilflich sein. (…)

22. Das BDIMR wird die Teilnehmerstaaten auf Ersuchen dabei beraten, wie ihre bestehenden Ein- richtungen wie Volksanwaltschaften, Kommissionen zur Bekämpfung von Diskriminierung, Dis- ziplinarkommissionen der Polizei und andere einschlägige Gremien zum Abbau der Spannungen zwischen den Roma und Sinti und Nicht-Roma-Gemeinden beitragen können.

Polizei

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

33. Die Gruppe für strategische Polizeiangelegenheiten und das BDIMR werden den Teilnehmer- staaten bei der Erarbeitung von Programmen und vertrauensbildenden Maßnahmen – wie bür- gernahe Polizeiarbeit – behilflich sein, die die Beziehungen zwischen den Roma und Sinti und der Polizei insbesondere auf lokaler Ebene verbessern.

Massenmedien

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

39. Der Beauftragte für Medienfreiheit sollte in Zusammenarbeit mit dem BDIMR und einschlä- gigen internationalen Organisationen überlegen, auf welche Weise die OSZE zur Schaffung einer europäischen Roma-Rundfunkstation beitragen könnte, die in ganz Europa Sendungen ausstrahlt. das BDIMR und der Medienbeauftragte sollten öffentliche Debatten, Antidiskriminierungskam- pagnen und gemeinsame Schulungsprogramme mit den Medien und für die Medien organisieren. (…)

Gesundheitswesen

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

64. Das BDIMR wird gemeinsam mit anderen internationalen Organisationen und NROs anhand vorhandener Forschungsdaten die sozioökonomischen, politischen und kulturellen Faktoren er- mitteln die den Gesundheitszustand bestimmter Roma- und Sinti-Bevölkerungen beeinflussen, und die Teilnehmerstaaten in Bezug auf öffentliche Gesundheitsprogramme beraten, die auf den ermittelten Bedarf abgestimmt sind.

VI. Verstärkung der Teilnahme am öffentlichen und politischen Leben

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

99. Das BDIMR und gegebenenfalls andere OSZE-Institutionen und -Strukturen, einschließlich der OSZE-Feldeinsätze, werden Programme ausarbeiten, deren Ziel es ist, die für eine umfassende politische Mitsprache erforderliche Registrierung zu ermöglichen. (…)

54 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

101. Das BDIMR und gegebenenfalls andere OSZE-Organisationen und -Strukturen, einschließ- lich der OSZE-Feldeinsätze, werden Programme zur Wählerschulung und Wählereintragung ent- wickeln und umsetzen. 2 102. Das BDIMR wird als Vermittler für die Weitergabe von Informationen und bewährten Prak- tiken unter den Teilnehmerstaaten und anderen internationalen Organisationen fungieren.

103. Das BDIMR wird seine bisherige Gepflogenheit, die Teilnahme von Roma an Ab- stimmungs- und Wahlprozessen zu untersuchen, verstärkt fortsetzen und so wie bisher Roma- und Sinti-Ex- perten in seine Wahlbeobachtungsmissionen im OSZE-Gebiet aufnehmen. (…)

106. Das BDIMR wird sein besonderes Augenmerk auf Aktivitäten richten, durch die Roma- Frauen ein besserer Zugang zu allen Bereichen des öffentlichen und politischen Lebens ermög- licht werden soll.

VII. Roma und Sinti in und nach Krisensituationen

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

113. Das BDIMR wird seine spezifische Rolle in Bezug auf die Konfliktverhütung und das Erken- nen potenzieller Krisengebiete, die ein rasches Einschreiten erfordern, wahrnehmen. (…)

116. Das BDIMR wird sich aktiv darum bemühen, die von den Teilnehmerstaaten in Bezug auf Roma und Sinti getroffenen Maßnahmen zu analysieren, und Beratung anbieten, damit in be- stimmten lokalen Zusammenhängen jene Spannungselemente besser bewältigt werden, die in of- fene Konflikte ausarten können, wenn dies nicht verhindert wird.

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

6. ermutigt alle Teilnehmerstaaten, im Sinne der Erörterungen und Empfehlungen der oben ge- nannten Konferenzen verlässliche Informationen und Statistiken über Hassdelikte, einchließlich aller gewalttätigen Äußerungen von Rassismus, Fremdenfeindlichkeit, Diskriminierung und Anti- semitismus, zu sammeln und Aufzeichnungen darüber zu führen; angesichts der Wichtigkeit von Gesetzen zur Bekämpfung von Hassdelikten werden die Teilnehmerstaaten dem BDIMR beste- hende Rechtsvorschriften bekannt geben, die durch Intoleranz und Diskriminierung motivierte Handlungen unter Strafe stellen, und das BDIMR gegebenenfalls um Unterstützung bei der Aus- arbeitung und Überarbeitung solcher Gesetze ersuchen;

7. Beauftragt das BDIMR, in vorbehaltloser Zusammenarbeit mit dem Ausschuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), der Europäischen Kommis- sion gegen Rassismus und Intoleranz (ECRI) und der Europäischen Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC) sowie mit einschlägigen NROs als Sammelstelle für die von den Teilnehmerstaaten zusammengetragenen Informationen und Statistiken zu fun- gieren und über diese Fragen regelmäßig Bericht zu erstatten, unter anderem im Rahmen des Im- plementierungstreffens zu Fragen der menschlichen Dimension, und damit die Grundlage für die Festlegung zukünftiger Arbeitsschwerpunkte zu schaffen; Das BDIMR wird unter anderem für

55 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

bewährte Praktiken eintreten und für die Verbreitung von Erfahrungen sorgen, die im Zuge der Bekämpfung von Intoleranz und Diskriminierung gewonnen wurden; (…)

16. beauftragt den Ständigen Rat, das BDIMR, den HKNM und den Beauftragten für Medienfrei- heit, in enger Zusammenarbeit mit dem Amtierenden Vorsitz für eine wirksame Nachbereitung der maßgeblichen Bestimmungen dieses Beschlusses zu sorgen, und ersucht den Ständigen Rat, sich mit den operativen und finanziellen Modalitäten der Umsetzung dieses Beschlusses zu befassen.

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 607: Bekämpfung des Antisemitismus)

Der Ständige Rat (…)

Zur Verstärkung unserer gemeinsamen Bemühungen um Bekämpfung des Antisemitismus in der gesamten OSZE-Region,

Beschließt (…)

2. Das BDIMR wird beauftragt: • in uneingeschränkter Zusammenarbeit mit anderen OSZE-Institutionen sowie mit dem Aus- schuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), der Europäischen Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC) und anderen einschlägigen in- ternationalen Institutionen und NROs antisemitische Vorkommnisse im OSZE-Raum genau zu verfolgen und dafür alle verfügbaren verlässlichen Informationen heranzuziehen; • dem Ständigen Rat und dem Implementierungstreffen zur menschlichen Dimension über seine Erkenntnisse zu berichten und diese Erkenntnisse zu veröffentlichen; diese Berichte sollten auch bei der Festlegung der Arbeitsschwerpunkte der OSZE zum Thema Intoleranz Berück- sichtigung finden; • Im gesamten OSZE-Raum Informationen über bewährte Praktiken, die eingesetzt werden, um Antisemitismus zu verhindern und auf ihn zu reagieren, systematisch zu sammeln und zu ver- breiten und die Teilnehmerstaaten auf Ersuchen bei ihren Bemühungen im Kampf gegen den Antisemitismus zu beraten; (…)

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 621: Toleranz und der Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung)

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,

Beschließt (…)

56 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

2. Das BDIMR wird beauftragt: • in enger Zusammenarbeit mit anderen OSZE-Institutionen sowie mit dem Ausschuss der Ver- einten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), dem Büro des 2 Hohen Kommissars Vereinten Nationen für Menschenrechte (UNHCHR), der Europäischen Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle zur Beobach- tung von Rassismus und Fremdenfeindlichkeit (EUMC) und anderen einschlägigen internatio- nalen Institutionen und NROs durch Rassismus, Fremdenfeindlichkeit oder damit verbundene Intoleranz, einschließlich gegen Muslime, und durch Antisemitismus motivierte Ausschrei- tungen im OSZE-Raum unter Verwendung aller verfügbaren verlässlichen Informationen auf- merksam zu verfolgen; • dem Ständigen Rat und dem Implementierungstreffen zur menschlichen Dimension über seine Erkenntnisse zu berichten und diese Erkenntnisse zu veröffentlichen; diese Berichte sollten auch bei der Festlegung der Arbeitsschwerpunkte der OSZE zum Thema Intoleranz Berück- sichtigung finden; • im gesamten OSZE-Raum systematisch Informationen über bewährte Praktiken zur Verhütung und Bekämpfung von Rassismus, Fremdenfeindlichkeit und Diskriminierung zu sammeln und zu verbreiten und den Teilnehmerstaaten auf Ersuchen Beratung bei ihren Bemühungen im Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskriminierung anzubieten; • Die Zivilgesellschaft in ihrer Fähigkeit zu unterstützen, sich mit Rassismus, Fremdenfeindlich- keit und Diskriminierung oder damit verbundener Intoleranz, einschließlich gegen Muslime, und mit Antisemitismus auseinanderzusetzen, und sich für die Bildung von Partnerschaften einzusetzen (…)

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

6. Beauftragt das BDIMR: 6.1 den Teilnehmerstaaten auf deren Ersuchen bei der Entwicklung geeigneter Methoden und Ka- pazitäten für die Erhebung und Führung verlässlicher Informationen und Statistiken über Hass- delikte und gewalttätige Äußerungen von Intoleranz und Diskriminierung behilflich zu sein, um sie in die Lage zu versetzen, vergleichbare Daten und Statistiken zu erstellen; 6.2 Seine Zusammenarbeit mit anderen OSZE-Einrichtungen und -Institutionen sowie mit dem Ausschuss der Vereinten Nationen für die Beseitigung der Rassendiskriminierung (UNCERD), dem Büro des Hohen Kommissars der Vereinten Nationen für Menschenrechte (UNHCHR), der Europäischen Kommission gegen Rassismus und Intoleranz (ECRI), der Europäischen Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC), der Task Force for International Co-operation on Holocaust-Education, Remembrance and Research und mit anderen einschlägigen Institutionen und der Zivilgesellschaft, einschließlich Nichtregierungsorganisationen, fortzusetzen; 6.3 die Teilnehmerstaaten über seinen Expertenbeirat für Religions- und Überzeugungsfreiheit auf Ersuchen auch weiterhin in ihren Bemühungen um Förderung der Religions- und Überzeugungs- freiheit zu unterstützen und den OSZE-Teilnehmerstaaten die Schlussfolgerungen und Gutachten des Beirats sowohl bilateral als auch auf entsprechenden OSZE-Konferenzen und -Veranstaltun- gen zur Kenntnis zu bringen; (…)

57 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Laibach 2005 (Beschluss Nr. 11/05 über die Förderung der Menschenrechtserziehung und – Ausbildung im OSZE-Raum)

Der Ministerrat, (…)

Brüssels 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

14. ermutigt das Büro für demokratische Institutionen und Menschenrechte (BDIMR), auf Grund- lage bestehender Verpflichtungen und unter anderem durch Zusammenarbeit mit einschlägigen Durchführungsorganen der OSZE:

(a) die Arbeit ihres Programms für Toleranz und Nichtdiskriminierung, insbesondere dessen Hilfs- programme, weiter zu verstärken, um die Teilnehmerstaaten auf Ersuchen bei der Umsetzung ih- rer Verpflichtungen zu unterstützen;

(b) die Arbeit des Expertenbeirats des BDIMR für Religions- und Überzeugungsfreiheit durch die Bereitstellung von Unterstützung und Expertenhilfe für die Teilnehmerstaaten weiter zu stärken;

(c) seine enge Zusammenarbeit mit anderen einschlägigen zwischenstaatlichen Behörden und der Zivilgesellschaft im Bereich der Förderung der gegenseitigen Achtung und des gegenseitigen Ver- ständnisses fortzusetzen und Intoleranz und Diskriminierung unter anderem durch die Erhebung von Informationen über Hassdelikte zu bekämpfen;

(d) weiterhin als Sammelstelle für von den Teilnehmerstaaten übermittelte Informationen und Sta- tistiken über Hassdelikte und einschlägige Rechtsvorschriften zu fungieren, und diese Informatio nen durch sein Informationssystem für Toleranz und Nichtdiskriminierung sowie durch seinen Bericht über Herausforderungen und Reaktionen auf durch Hass motivierte Vorfälle in der OSZE- Region öffentlich zugänglich zu machen;

(e) Im Rahmen vorhandener Ressourcen seine Frühwarnfunktion zu verstärken, um durch Hass motivierte Vorfälle und Entwicklungen zu erheben, darüber zu berichten, das Bewusstsein dafür zu schärfen und den Teilnehmerstaaten in den Bereichen, in denen angemessenere Reaktionen notwendig sind, auf Ersuchen Empfehlungen zu erteilen und Hilfestellung zu leisten; (…)

58 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Helsinki 2008 (Beschluss Nr. 6/08 über die Verstärkte Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet) 2 Der Ministerrat, (…)

entschlossen, die Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken, (…)

2. fordert das BDIMR auf, im Rahmen der bestehenden Ressourcen den Teilnehmerstaaten auf deren Ersuchen dabei zu helfen, den frühzeitigen Zugang von Roma- und Sintikindern zu Schul- bildung zu fördern. Er fordert die Teilnehmerstaaten diesbezüglich dringend auf, gegebenenfalls Initiativen zur Information der Öffentlichkeit, auch unter Einschluss der Volksgruppe der Roma und Sinti, über die Vorteile eines frühzeitigen Schulunterrichts durchzuführen; (…)

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti

Der Ministerrat, (…)

6. beauftragt das BDIMR, in Zusammenarbeit und Abstimmung mit dem HKNM, dem Beauf- tragten für Medienfreiheit und anderen zuständigen OSZE-Durchführungsorganen im Rahmen ihrer jeweiligen Mandate und der vorhandenen Ressourcen die Teilnehmerstaaten weiter dabei zu unterstützen, gegen diskriminierende und gewalttätige Handlungen gegen Roma und Sinti vor- zugehen, gegen negative klischeehafte Berichterstattung über die Roma und Sinti in den Medien, unter Beachtung einschlägiger OSZE-Verpflichtungen in Bezug auf Medienfreiheit, aufzutreten, den OSZE-Verpflichtungen insbesondere im Hinblick auf die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet uneingeschränkt nachzukommen und sich mit den Herausforderungen für die nachhaltige und erfolgreiche Integration der Roma und Sinti auseinanderzusetzen; (…)

8. beauftragt das BDIMR, in Absprache mit den Teilnehmerstaaten und in enger Zusammenarbeit mit anderen maßgeblichen OSZE-Institutionen im Rahmen ihrer Mandate einschlägige Projekte zur Frage der Früherziehung für Roma und Sinti, etwa Projekte zur Lehrerausbildung oder zur Überwindung der niedrigen Einschulungsrate, zu entwickeln und durchzuführen;

9. legt den maßgeblichen OSZE-Institutionen nahe, gegebenenfalls ihre Zusammenarbeit und Ko- ordination mit anderen einschlägig tätigen internationalen Akteuren wie dem Europarat und der Europäischen Union sowie mit Akteuren der Zivilgesellschaft, die sich schwerpunktmäßig mit Fragen der Roma und Sinti befassen, zu verstärken;

10. fordert den Direktor des BDIMR auf, die Teilnehmerstaaten über die Arbeit des BDIMR zur Unterstützung der Teilnehmerstaaten bei der Förderung der nachhaltigen Integration der Roma und Sinti im Rahmen seiner regelmäßigen Berichterstattung an den Ständigen Rat auf dem Lau- fenden zu halten.

59 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Athen 2009 (Beschluss Nr. 9/09 über die Bekämpfung von Hassverbrechen)

Der Ministerrat, (…)

12. beauftragt das BDIMR, in Absprache mit den Teilnehmerstaaten und in Zusammenarbeit mit einschlägig tätigen internationalen Organisationen und Partnern aus der Zivilgesellschaft zu untersuchen, ob ein Zusammenhang zwischen der Nutzung des Internets und durch Vorurteile motivierten Hassverbrechen besteht, welcher Schaden dadurch entstehen kann und welche prak- tischen Schritte sich anbieten;

13. fordert den Direktor des BDIMR auf, die Teilnehmerstaaten über die Arbeit des BDIMR zur Unterstützung der Teilnehmerstaaten bei der Bekämpfung von Hassverbrechen durch seine regel- mäßigen Berichte an den Ständigen Rat auf dem Laufenden zu halten.

Basel 2014 (Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus)

Wir fordern das BDIMR auf:

die Zusammenarbeit zwischen Vertretern des Staates und der Zivilgesellschaft in Antisemitis- mus-Fragen, darunter auch Hassverbrechen und die Erinnerung an den Holocaust, zu erleichtern;

den Teilnehmerstaaten in ihren Bemühungen zur Datensammlung über anti- semitistische Hass- verbrechen, gegebenenfalls in Zusammenarbeit mit der Zivilgesellschaft, Hilfestellung zu leisten;

den Austausch nachahmenswerter Methoden für Bildungsinitiativen und andere Maßnahmen zur Hebung des Bewusstseins für Antisemitismus und zur Bewältigung der Herausforderungen im Bereich der Erziehung und des Unterrichts über den Holocaust zwischen den Teilnehmerstaa- ten zu erleichtern;

den Dialog zu fördern und die Zivilgesellschaft in ihrer Fähigkeit zu stärken, einander mit grö- ßerer Achtung und mehr Verständnis zu begegnen, mit dem Ziel, die Zusammenarbeit zwischen unterschiedlichen Gemeinschaften zu fördern.

V. Zusätzliche Aufgaben im Zusammenhang mit der Gleichstellung von Frauen und Männern

Sofia 2004 (Anhang zu Beschluss Nr. 14/04; OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern)

V. Unterstützung der OSZE-Teilnehmerstaaten bei der Umsetzung einschlägiger Verpflichtungen zur Förderung der Gleichstellung von Frauen und Männern (…)

44. Prioritäten

(a) Entwicklung von Projekten in OSZE-Staaten ohne Mission

60 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

• In Ländern ohne Mission wird das BDIMR Vorhaben identifizieren, die zur Unterstützung von Maßnahmen in den Bereichen Verhütung von Gewalt gegen Frauen, Förderung von Frauen in Öffentlichkeit, Politik und Wirtschaft und Hilfestellung bei der durchgängigen Berücksichti- 2 gung des Gleichstellungsaspekts auf nationaler Ebene gedacht sind.

(b) Sicherstellung eines diskriminierungsfreien rechtlichen und politischen Rahmens • In Zusammenarbeit mit anderen internationalen Organisationen und maß geblichen nationa- len Gremien und Institutionen wird das BDIMR den OSZETeilnehmerstaaten bei der Einhal- tung internationaler Übereinkünfte zur Förderung der Gleichstellung von Frauen und Männern und der Frauenrechte und bei der Überprüfung ihrer Rechtsvorschriften helfen, um für ent- sprechende gesetzliche Sicherstellungen für die Förderung der Gleichstellung von Frauen und Männern im Einklang mit OSZE- und anderen Verpflichtungen zu sorgen; • das BDIMR wird bei der Entwicklung und Umsetzung konkreter Programme und Aktivitäten zur Förderung der Rechte von Frauen, zur Stärkung der Rolle der Frau auf allen Entscheidungs- ebenen und zur Förderung der Gleichstellung von Frauen und Männern im gesamten OSZE-Ge- biet behilflich sein, insbesondere durch Bewusstseinsbildung in Bezug auf Gleichstellungsfragen; • das BDIMR wird bei der Umsetzung und Evaluierung nationaler Strategien und Aktionspläne betreffend Maßnahmen zur Förderung der Gleichstellung und zur durchgängigen Berücksich- tigung des Gleichstellungsaspekts behilflich sein; (…)

(d) Sicherstellung von Chancengleichheit für die Beteiligung von Frauen am politischen und öf- fentlichen Leben • Das BDIMR wird den Teilnehmerstaaten bei der Entwicklung wirksamer Maßnahmen zur Ver- wirklichung der gleichberechtigten Beteiligung von Frauen an demokratischen Prozessen hel- fen und wird bei der Entwicklung bewährter Methoden für deren Umsetzung behilflich sein; • das BDIMR und gegebenenfalls OSZE-Feldeinsätze werden beim Aufbau örtlicher Kompetenz und Sachkenntnis in Gleichstellungsfragen und bei der Vernetzung führender Vertreter von Ge- meinschaften und Politikern Hilfestellung leisten; • das BDIMR wird den Teilnehmerstaaten weiterhin bei der Förderung der politischen Mitsprache von Frauen helfen. Im Rahmen seiner Wahlbeobachtungsmissionen wird es auch in Zukunft die Teilnahme von Frauen an Wahlprozessen beobachten und darüber Bericht erstatten. Zusätzlich wird das BDIMR, wenn möglich, Berichte in Auftrag geben und veröffentlichen, in denen ins- besondere die Situation von Frauen bei Wahlprozessen analysiert wird;

(g) Aufbau nationaler Mechanismen für die Frauenförderung • Das BDIMR wird auch in Zukunft technisches Fachwissen und Unterstützung für den Auf- bau demokratischer Institutionen zur Förderung der Gleichstellung von Frauen und Männern, wie Volksanwaltschaften auf lokaler und gegebenenfalls Landesebene, zur Verfügung stellen; • das BDIMR wird den Dialog und die Zusammenarbeit zwischen der Zivilgesellschaft, den Me- dien und der Regierung im Hinblick auf die Förderung der durchgängigen Berücksichtigung der Gleichstellung von Frauen und Männern erleichtern.

61 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

VI. Zusätzliche Aufgaben im Zusammenhang mit der Bekämpfung des Menschenhandels

Wien 2000 (Beschluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel)

Der Ministerrat, (…)

7. ruft die OSZE-Institutionen, insbesondere das BDIMR, und die Feldoperationen auf, Programme gegen den Menschenhandel auszuarbeiten und durchzuführen und sich in Zusammenarbeit mit nichtstaatlichen Organisationen sowie mit internationalen Organisationen und anderen einschlägi- gen Institutionen für koordinierte Bemühungen um Prävention, Verfolgung und Schutz einzusetzen; (…)

13. fordert das OSZE-Sekretariat auf, in seinem Einführungsprogramm für OSZE-Mitarbeiter vor Ort das Kapitel Menschenhandel in Zusammenarbeit mit dem BDIMR auszubauen, um die Fä- higkeit dieser Mitarbeiter zur Überwachung, Berichterstattung und Reaktion auf Probleme des Menschenhandels im Zuge der regulären OSZE-Aktivitäten zu erhöhen; und in den OSZE-Ins- titutionen und bei den Mitarbeitern der OSZE das Bewusstsein für die Probleme des Menschen- handels zu heben; diese Schulungsprogramme sollten auch den Teilnehmerstaaten und anderen internationalen Organisationen zur Verfügung stehen; (…)

Maastricht 2003 (Anhang zum Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels; Aktionsplan der OSZE zur Bekämpfung des Menschenhandels)

III. Untersuchung, Rechtsdurchsetzung und Strafverfolgung (…)

9. Gesetzesüberprüfung und -reform 9.1 Das BDIMR und gegebenenfalls die Feldeinsätze werden die Bemühungen um Überprüfung und Reform der Gesetze im Hinblick auf die Einhaltung internationaler Standards weiterhin för- dern und unterstützen. (…)

10.4 Im Rahmen seiner Hilfestellung bei der Entwicklung Nationaler Leitsysteme wird das BDIMR die Zusammenarbeit zwischen Strafverfolgungsbehörden und der Zivilgesellschaft weiterhin för- dern und zu einer solchen Zusammenarbeit ermutigen. (…)

12. Aus- und Fortbildung 12.1 Das BDIMR und die OSZE-Gruppe für strategische Polizeiangelegenheiten werden für Straf- verfolgungsbehörden weiterhin Ausbildungsmaterial über die Ermittlung bei Menschenhandel und Sexualstraftaten erstellen, sich mit der Internationalen Polizeiakademie (ILEA) in Budapest über Möglichkeiten zur Aufnahme dieser Ausbildungsmaßnahmen in ILEA-Programme beraten, Po- lizeiausbilder für die Abhaltung von Schulungsveranstaltungen auswählen und die Finanzierung von Ausbildungskursen für Strafverfolgungsbehörden in OSZE-Teilnehmerstaaten erleichtern.

62 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

IV. Prävention von Menschenhandel

8. Aufklärung 2 8.1 Das BDIMR und gegebenenfalls die Feldeinsätze werden, in Zusammenarbeit mit einschlä- gigen Partnern in der OSZE-Region, weiterhin zu Forschungsbemühungen sowie zur Förderung und Durchführung von Aufklärungsinitiativen beitragen. 8.2 (…) Das BDIMR wird seine Ausbildungsaktivitäten intensivieren, damit die Medien mit dem Thema Menschenhandel verantwortungsbewusst umgehen und nicht negative Stereotypen ver- stärken. Die Ausbildung wird besonders die Komplexität des Phänomens Menschenhandel und die Notwendigkeit einer umfassenden Reaktion darauf in den Vordergrund stellen.

V. Schutz und Hilfe

11. Nationale Leitsysteme für die Betreuung der vom Menschenhandel Betroffenen 11.1 Intensivierung der Aktivitäten der OSZE, insbesondere des BDIMR, um die Teilnehmerstaa- ten auf deren Ersuchen bei der Einrichtung Nationaler Leitsysteme zu unterstützen. 11.2 Beauftragung der OSZE-Gruppe für strategische Polizeiangelegenheiten, gemeinsam mit dem BDIMR Richtlinien oder ein Handbuch für die Feststellung der Identität vermutlicher Betroffe- ner und der Beweise von Menschenhandel weiter zu entwickeln, um den Teilnehmerstaaten bei Bedarf Hilfestellung zu leisten. (…)

14. Aus- und Fortbildung (…) 14.2 Beauftragung des BDIMR mit der Sammlung und Verbreitung von Informationen über die in OSZE-Teilnehmerstaaten bereits vorhandenen Ausbildungsprogramme und -unterlagen.

15. Gesetzgeberische Maßnahmen 15.1 Das BDIMR wird in Koordination mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung, dem Europarat und anderen einschlägigen Akteuren den Teilnehmer- staaten auf deren Ersuchen weiterhin dabei behilflich sein, ihre innerstaatliche Gesetzgebung mit internationalen Normen und Standards in Einklang zu bringen, insbesondere durch die Förde- rung humanitärer Gesichtspunkte und einer einfühlsamen Vorgehensweise im Umgang mit den vom Menschenhandel Betroffenen.

VI. Mechanismen für Folgemassnahmen und Koordination

7. das BDIMR zu beauftragen, den Teilnehmerstaaten die für die Entwicklung innerstaatlicher Aktionspläne zur Bekämpfung des Menschenhandels notwendige technische Hilfestellung zu er- teilen, darunter auch gesetzgeberische und sonstige unterstützende Maßnahmen zur wirksamen Verhütung und Bekämpfung des Menschenhandels und zum Schutz der Betroffenen; (…)

9. das BDIMR zu beauftragen, seine Funktion als Clearingstelle für den Austausch von Informa- tionen, Kontakten, Material und bewährten Praktiken auszubauen und seine Projektaktivitäten zu verstärken.

63 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

VII. Zusätzliche Aufgaben im Zusammenhang mit der Bekämpfung des Terrorismus

Bucharest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus und Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

II. Völkerrechtliche und politische Verpflichtungen (…)

6. Das Büro für demokratische Institutionen und Menschenrechte (BDIMR): Wird in enger Zu- sammenarbeit mit anderen Organisationen, einschließlich des Büros der Vereinten Nationen für Drogenkontrolle und Verbrechensverhütung (UNODCCP), auf formelles Ersuchen interessierter Teilnehmerstaaten und wo angebracht technische Hilfe/Beratung bei der Abfassung von Rechts- vorschriften anbieten, die für die Ratifizierung völkerrechtlicher Verträge erforderlich sind. (…)

III. Vorbeugende Massnahmen gegen Terrorismus im OSZE-Gebiet (…)

10. Aufbau von Institutionen, Stärkung der Rechtsstaatlichkeit und der staatlichen Behörden: Das BDIMR: wird seine Bemühungen um Förderung und Unterstützung des Aufbaus demokratischer Institutionen auf Ersuchen von Staaten fortsetzen und intensivieren, indem es unter anderem bei der Stärkung der Verwaltungskapazitäten, der örtlichen Verwaltung, der Zentralregierung und der parlamentarischen Strukturen, der Justiz, der Volksanwaltschaften und der Zivilgesellschaft Hilfestellung leistet. Es wird in dieser Hinsicht die gegenseitige Information über bewährte Prak- tiken und den Austausch von Erfahrungen zwischen den Teilnehmerstaaten erleichtern. Es wird weiterhin Projekte zur Festigung der demokratischen Institutionen, der Zivilgesellschaft und der verantwortungsvollen Staatsführung ausarbeiten. (…)

Verschärfung einzelstaatlicher Rechtsvorschriften gegen den Terrorismus: (…)

18. Das BDIMR: Wird nach Maßgabe der Beschlüsse des Ständigen Rates auf Ersuchen interes- sierter Teilnehmerstaaten und wo angebracht technische Hilfe/Beratung in Bezug auf die Umset- zung internationaler Übereinkommen und Protokolle gegen den Terrorismus sowie im Hinblick auf die Übereinstimmung der betreffenden Rechtsvorschriften mit internationalen Normen an- bieten und zu diesem Zweck die Zusammenarbeit mit anderen Organisationen, insbesondere dem UNODCCP, anstreben. Es wird prüfen, inwiefern es möglich ist, Kontakte zwischen nationalen Experten zu erleichtern, um den Informationsaustausch und die gegenseitige Information über bewährte Praktiken in Bezug auf Rechtsvorschriften zur Bekämpfung des Terrorismus zu fördern. (…)

Unterstützung der Strafverfolgung und Kampf gegen die organisierte Kriminalität: (…)

22. Das BDIMR: wird die Teilnehmerstaaten auf deren Ersuchen weiterhin in Bezug auf die Stär- kung innerstaatlicher rechtlicher Rahmenbedingungen und rechtsstaatlicher Institutionen be- raten, wie etwa Strafverfolgungsbehörden, Justiz und Staatsanwaltschaft, Anwaltsvereinigungen und Verteidiger. Es wird sich verstärkt darum bemühen, den Menschenhandel zu bekämpfen und

64 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

seine Opfer zu unterstützen. Es wird gegebenenfalls die Reform des Strafvollzugs und Verbesse- rungen im Strafverfahren unterstützen. 2 Laibach 2005 (Ministererklärung zum internationalen Übereinkommen zur Bekämpfung Nuklearterroristischer Handlungen)

1. Wir, die Minister für auswärtige Angelegenheiten der OSZE-Teilnehmerstaaten, begrüßen die Verabschiedung des Internationalen Übereinkommens zur Bekämpfung nuklearterroristischer Handlungen durch die Generalversammlung der Vereinten Nationen. (…)

4. Wir fordern (…) das Büro für demokratische Institutionen und Menschenrechte eindringlich auf, ersuchenden Teilnehmerstaaten auf offizielle Anfrage gegebenenfalls technische Hilfe/Bera- tung im Hinblick auf die zügige Ratifikation, Annahme oder Genehmigung dieses internationalen Übereinkommens in enger Zusammenarbeit mit dem Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung anzubieten. (…)

Madrid 2007 (Ministererklärung über die Unterstützung der weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus) (…)

22. Das Büro für demokratische Institutionen und Menschenrechte wird Teilnehmerstaaten auf deren Ersuchen auch weiter dabei helfen, dass ihre Initiativen zur Bekämpfung des Terrorismus im Sinne ihrer OSZE-Verpflichtungen im Einklang mit den Menschenrechten stehen. Das BDIMR wird weiter technische Hilfe und Beratung zu den menschenrechtlichen Aspekten der Ausarbei- tung und Umsetzung innerstaatlicher Rechtsvorschriften anbieten, mit denen der Gefahr begegnet werden soll, die vom Terrorismus, von gewalttätigem Extremismus und von Radikalisierung, die zu Terrorismus führen, ausgeht, und wird sich weiter der Förderung des Dialogs zwischen Staa- ten und nichtstaatlichen Akteuren widmen, um Bereiche der Zusammenarbeit und der gegensei- tigen Unterstützung zu ermitteln. (…)

B. Hoher Kommissar für nationale Minderheiten

Helsinki 1992 (Beschluss II. Hoher Kommissar der KSZE für nationale Minderheiten)

(1) Die Teilnehmerstaaten beschließen, einen Kommissar für nationale Minderheiten einzusetzen.

(2) Der Hohe Kommissar arbeitet unter der Ägide des AHB und ist somit ein Instrument zur Kon- fliktverhütung zum frühestmöglichen Zeitpunkt.

(3) Der Hohe Kommissar sorgt zum frühestmöglichen Zeitpunkt für „Frühwarnung“ und gege- benenfalls „Frühmaßnahmen“ im Hinblick auf Spannungen bezüglich Fragen nationaler Minder- heiten, die sich noch nicht über ein Frühwarnstadium hinaus entwickelt haben, die jedoch nach Einschätzung des Hohen Kommissars das Potential in sich bergen, sich im KSZE-Gebiet zu einem den Frieden, die Stabilität und die Beziehungen zwischen den Teilnehmerstaaten beeinträchtigenden

65 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Konflikt zu entwickeln, der die Aufmerksamkeit oder das Eingreifen des Rates oder des AHB er- fordert.

(4) Im Rahmen des Mandats, auf der Grundlage der KSZE-Prinzipien und -Verpflichtungen, han- delt der Hohe Kommissar vertraulich und unabhängig von allen direkt an den Spannungen be- teiligten Parteien.

(5a) Der Hohe Kommissar beschäftigt sich nur dann mit Fragen nationaler Minderheiten in dem Staat, in dem er Staatsbürger ist oder seinen Wohnsitz hat, oder mit Fragen hinsichtlich einer na- tionalen Minderheit, der der Hohe Kommissar angehört, wenn alle direkt beteiligten Parteien un- ter Einschluß des betroffenen Staates dem zustimmen. (5b) Der Hohe Kommissar beschäftigt sich nicht mit Fragen nationaler Minderheiten in Situatio- nen, in denen es um organisierte terroristische Handlungen geht. (5c) Der Hohe Kommissar befaßt sich auch nicht mit Verletzungen von KSZE-Verpflichtungen be- züglich einer Einzelperson, die einer nationalen Minderheit angehört.

(6) Bei der Prüfung einer Situation hat der Hohe Kommissar die Verfügbarkeit demokratischer Mittel und von auf die Situation anwendbaren internationalen Instrumenten sowie deren Gebrauch durch die beteiligten Parteien voll zu berücksichtigen.

(7) Wenn eine konkrete Frage bezüglich einer nationalen Minderheit an den AHB herangetra- gen wurde, bedarf ein Eingreifen des Hohen Kommissars eines Ersuchens und eines spezifischen Mandats des AHB.

Profil, Ernennung, Unterstützung

(8) Der Hohe Kommissar ist eine namhafte internationale Persönlichkeit mit langer einschlägiger Erfahrung, von dem eine unparteiische Wahrnehmung des Amtes erwartet werden kann.

(9) Der Hohe Kommissar wird vom Rat durch Konsens auf Empfehlung des AHB für einen Zeit- raum von drei Jahren ernannt, der lediglich um eine weitere Amtsperiode von drei Jahren ver- längert werden kann.

(10) Der Hohe Kommissar stützt sich auf die Einrichtungen des BDIMR in Warschau, und insbe- sondere auf die beim BDIMR vorliegenden Informationen, die für alle Aspekte der Fragen natio- naler Minderheiten von Belang sind.

Frühwarnung

(11) Der Hohe Kommissar: (11a) sammelt und nimmt allgemeine Informationen hinsichtlich Fragen nationaler Minderheiten entgegen, die aus nachfolgend beschriebenen Quellen stammen, (siehe Beilage Ziffern (23)-(25)); (11b) nimmt zum frühestmöglichen Zeitpunkt eine Einschätzung der Rolle der direkt betroffenen Parteien, der Art der Spannungen und der damit verbundenen jüngsten Entwicklungen vor und – wo möglich – der eventuellen Folgen für Frieden und Stabilität im KSZE-Gebiet; (11c) ist zu diesem Zweck in der Lage, gemäß Ziffer 17 und Beilage, Ziffern (27)-(30) jeden Teil- nehmerstaat zu besuchen und vorbehaltlich der Bestimmungen in Ziffer 25 persönlich mit direkt betroffenen Parteien in Kontakt zu treten, um Informationen aus erster Hand über die Lage na- tionaler Minderheiten zu erhalten.

66 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(12) Der Hohe Kommissar kann während eines Besuchs in einem Teilnehmerstaat, in dessen Verlauf er Informationen aus erster Hand von allen direkt betroffenen Parteien erhält, die Fragen mit den Parteien erörtern und, gegebenenfalls, Dialog, Vertrauen und Zusammenarbeit unter ihnen fördern. 2 Frühwarnungs-Erklärung

(13) Wenn auf der Grundlage des Austauschs von Mitteilungen und Kontakten mit den jeweiligen Parteien der Hohe Kommissar zu der Schlußfolgerung gelangt, daß prima facie das Risiko eines möglichen Konflikts (wie in Ziffer (3) beschrieben) vorliegt, kann er eine „Frühwarnungs“- Erklä- rung abgeben, die vom amtierenden Vorsitzenden unverzüglich an den AHB weitergeleitet wird.

(14) Der amtierende Vorsitzende setzt diese Frühwarnung auf die Tagesordnung des nächsten AHB-Treffens. Wenn ein Staat die Auffassung vertritt, daß eine solche Frühwarnung der soforti- gen Konsultation bedarf, kann er das in Anhang 2 der Zusammenfassung der Schlußfolgerungen des Berliner Treffens des Rates („Mechanismus in dringlichen Situationen“) festgelegte Verfah- ren in Gang setzen.

(15) Der Hohe Kommissar erklärt dem AHB die Gründe für das Auslösen des Frühwarnung.

Frühmaßnahmen

(16) Der Hohe Kommissar kann empfehlen, daß man ihn ermächtigt, weitere Kontakte und ein- gehendere Konsultationen mit den betroffenen Parteien mit dem Ziel möglicher Lösungen gemäß einem vom AHB zu beschließenden Mandat aufzunehmen. Der AHB kann dementsprechend ent- scheiden.

Rechenschaftspflicht

(17) Der Hohe Kommissar konsultiert den amtierenden Vorsitzenden vor Abreise in einen Teil- nehmerstaat, um sich mit einer nationale Minderheiten betreffenden Spannungssituation zu be- schäftigen. Der amtierende Vorsitzende konsultiert vertraulich den betroffenen Teilnehmerstaat/ die betroffenen Teilnehmerstaaten und kann auch darüber Konsultationen führen.

(18) Nach einem Besuch in einem Teilnehmerstaat übergibt der Hohe Kommissar dem amtieren- den Vorsitzenden streng vertrauliche Berichte über die Ergebnisse und den Stand der Arbeit des Hohen Kommissars im Hinblick auf eine konkrete Frage.

(19) Nach Abschluß des Einsatzes des Hohen Kommissars in bezug auf eine konkrete Frage er- stattet der Hohe Kommissar dem amtierenden Vorsitzenden Bericht über die Beobachtungen, die Ergebnisse und die Schlußfolgerungen. Innerhalb eines Zeitraums von einem Monat konsultiert der amtierende Vorsitzende vertraulich den betroffenen Teilnehmerstaat/die betroffenen Teilneh- merstaaten zu den Beobachtungen, Ergebnissen und Schlußfolgerungen und kann auch darüber hinaus Konsultationen führen. Danach wird der Bericht zusammen mit möglichen Stellungnah- men an den AHB weitergeleitet.

(20) Sollte der Hohe Kommissar zu der Schlußfolgerung gelangen, daß sich die Lage zu einem Konflikt ausweitet, oder wenn der Hohe Kommissar die Auffassung vertritt, daß der Handlungs- spielraum des Hohen Kommissars erschöpft ist, macht der Hohe Kommissar über den amtieren- den Vorsitzenden dem AHB entsprechend Mitteilung.

67 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(21) Sollte sich der AHB einer konkreten Frage annehmen, erteilt der Hohe Kommissar Informa- tionen und – auf Ersuchen – Rat gegenüber dem AHB oder jeder anderen Institution oder Organi- sation, die der AHB gemäß den Bestimmungen von Kapitel III dieses Dokuments einladen kann, um im Hinblick auf die Spannungen oder den Konflikt tätig zu werden.

(22) Der Hohe Kommissar informiert auf Ersuchen des AHB über seine Aktivitäten bei KSZE- Im- plementierungstreffen zu Fragen der menschlichen Dimension, unter gebührender Berücksichti- gung der erforderlichen Vertraulichkeit seines Mandats.

Beilage

Informationsquellen für Fragen betreffend nationale Minderheiten

(23) Der Hohe Kommissar kann: (23a) Informationen über die Lage der nationalen Minderheiten und die Rolle der daran beteilig- ten Parteien aus jeglicher Quelle sammeln und entgegennehmen, einschließlich aus Medien und von nichtstaatlichen Organisationen mit der in Ziffer (25) dargelegten Ausnahme: (23b) konkrete Berichte von direkt beteiligten Parteien hinsichtlich der Entwicklungen in bezug auf Fragen nationaler Minderheiten entgegennehmen. Diese können Berichte über Verletzungen von KSZE-Verpflichtungen in bezug auf nationale Minderheiten sowie andere Verletzungen im Zusammenhang mit Fragen nationaler Minderheiten umfassen.

(24) Solche konkreten Berichte an den Hohen Kommissar sollten folgenden Anforderungen genügen: • sie sollten in schriftlicher Form an den Hohen Kommissar als solchen gerichtet und mit vollem Namen und voller Anschrift unterzeichnet werden; • sie sollten eine sachliche Darstellung der Entwicklungen, die für die Situation von Angehöri- gen nationaler Minderheiten und die Rolle der daran beteiligten Parteien von Bedeutung sind und die kurze Zeit – im Prinzip höchstens zwölf Monate – zuvor stattgefunden haben, enthal- ten. Die Berichte sollten Informationen beinhalten, die ausreichend dargelegt werden können.

(25) Der Hohe Kommissar tritt mit keiner Person oder Organisation, die Terrorismus oder Gewalt ausübt oder öffentlich billigt, in Verbindung und bestätigt nicht den Empfang ihrer Mitteilungen.

Direkt betroffene Parteien

(26) Von Spannungen direkt betroffene Parteien, die dem Hohen Kommissar konkrete Berichte übergeben können, und mit denen der Hohe Kommissar während eines Besuchs in einem Teil- nehmerstaat sich bemühen wird, persönlich in Verbindung zu treten, sind folgende: (26a) Regierungen der Teilnehmerstaaten, einschließlich gegebenenfalls regionale und kommu- nale Behörden in Gebieten, in denen nationale Minderheiten leben; (26b) Vertreter von Verbänden, nichtstaatlichen Organisationen, religiösen und anderen Gruppen direkt betroffener und im Spannungsgebiet lebender nationaler Minderheiten, die von den Ange- hörigen dieser nationalen Minderheiten ermächtigt sind, sie zu vertreten. Bedingungen für Rei- sen des Hohen Kommissars

(27) Vor einem beabsichtigten Besuch unterbreitet der Hohe Kommissar dem betroffenen Teil- nehmerstaat/den betroffenen Teilnehmerstaaten konkrete Informationen über den beabsichtigten Zweck des Besuchs. Innerhalb von zwei Wochen setzt/setzen sich der betroffene Staat/die betroffe- nen Staaten mit dem Hohen Kommissar hinsichtlich der Ziele des Besuchs in Verbindung, die die

68 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Förderung von Dialog, Vertrauen und Zusammenarbeit zwischen den Parteien umfassen können. Nach der Einreise ermöglicht der betroffene Staat dem Hohen Kommissar freizügiges Reisen und freizügige Kommunikation, vorbehaltlich der Bestimmung gemäß obiger Ziffer (25). 2 (28) Falls der betroffene Staat dem Hohen Kommissar die Einreise in das Land sowie freizügiges Reisen und freizügige Kommunikation nicht gestattet, wird der Hohe Kommissar den AHB ent- sprechend informieren.

(29) Im Verlauf eines solchen Besuchs kann der Hohe Kommissar – vorbehaltlich der Bestim- mung gemäß Ziffer (25) – mit den betroffenen Parteien in Verbindung treten und Informationen von jeder direkt betroffenen Einzelperson, Gruppe oder Organisation zu Fragen vertraulich ent- gegennehmen, mit denen sich der Hohe Kommissar beschäftigt. Der Hohe Kommissar wahrt den vertraulichen Charakter der Informationen.

(30) Die Teilnehmerstaaten enthalten sich jeglicher Handlung gegen Personen, Organisationen oder Institutionen wegen ihrer Kontakte mit dem Hohen Kommissar.

Hoher Kommissar und Hinzuziehung von Experten

(31) Der Hohe Kommissar kann beschließen, um Unterstützung von nicht mehr als drei Experten mit einschlägiger Sachkenntnis über konkrete Angelegenheiten nachzusuchen, die kurze, spezielle Untersuchung und Beratung erfordern.

(32) Wenn der Hohe Kommissar beschließt, Experten hinzuzuziehen, legt der Hohe Kommissar ein klar umrissenes Mandat und einen ebensolchen zeitlichen Rahmen für die Aktivitäten der Experten fest.

(33) Die Experten besuchen einen Teilnehmerstaat nur zur gleichen Zeit wie der Hohe Kommis- sar. Ihr Mandat ist integraler Bestandteil des Mandats des Hohen Kommissars, und für sie gelten die gleichen Reisebestimmungen.

(34) Die von den Experten erbetenen Ratschläge und Empfehlungen werden dem Hohen Kom- missar vertraulich vorgelegt. Er ist für die Aktivitäten und für die Expertenberichte verantwort- lich und entscheidet, ob und in welcher Form Ratschläge und Empfehlungen an die betroffenen Parteien weitergeleitet werden. Sie sind nicht bindend. Falls der Hohe Kommissar beschließt, Rat- schläge und Empfehlungen zugänglich zu machen, wird dem betroffenen Staat/den betroffenen Staaten die Möglichkeit zur Stellungnahme eingeräumt.

(35) Die Experten werden vom Hohen Kommissar mit Unterstützung des BDIMR aus der beim BDIMR vorliegenden Liste, wie im Dokument des Moskauer Treffens festgelegt, ausgewählt.

(36) Unter den Experten werden weder Staatsangehörige oder Einwohner des betroffenen Teilneh- merstaats oder irgendwelche Personen sein, die von dem betroffenen Staat benannt wurden, noch irgendein Experte, gegen den der Teilnehmerstaat zuvor Vorbehalte geäußert hat. Zu den Experten werden weder die eigenen Staatsangehörigen oder Einwohner des Teilnehmerstaats oder irgend- eine der Personen gehören, die der Staat für die Liste benannt hat, noch mehr als ein Staatsange- höriger oder Einwohner irgendeines bestimmten Teilnehmerstaats.

69 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Stockholm 1992 (Beschlüsse: 3. Hoher Kommissar für nationale Minderheiten)

(…) Die Minister brachten ihre Unterstützung für den Hohen Kommissar und ihre Bereitschaft zum Ausdruck, mit ihm bei der Ausübung seiner vielschichtigen und gleichzeitig entscheidenden Aufgabe zusammenzuarbeiten, die darin besteht, Spannungen in bezug auf Fragen nationaler Min- derheiten, die das Potential zu einem Konflikt im KSZE-Gebiet in sich bergen, zum frühestmög- lichen Zeitpunkt zu erkennen und einzudämmen.

Die Minister ermutigten den Hohen Kommissar, potentielle Spannungsgebiete sorgfältig zu ana- lysieren, jeglichen Teilnehmerstaat zu besuchen und auf allen Ebenen breitgefächerte Erörterun- gen mit den am Problem direkt beteiligten Parteien zu führen. Hierbei kann der Hohe Kommissar die Fragen mit den Parteien diskutieren und gegebenenfalls Dialog, Vertrauen und Zusammenar- beit zwischen ihnen auf allen Ebenen fördern, um politische Lösungen in Übereinstimmung mit den KSZE-Prinzipien und – Verpflichtungen zu fördern.

Die Minister verpflichteten sich, den Hohen Kommissar unter voller Wahrung seiner Unabhän- gigkeit gemäß dem Mandat mit ihnen zur Verfügung stehenden einschlägigen Informationen zu Fragen nationaler Minderheiten zu versehen.

Rom 1993 (Beschlüsse: III. Hoher Kommissar für nationale Minderheiten)

Unter Berücksichtigung der engen Wechselbeziehung zwischen Problemen der nationalen Minder- heiten und der Konfliktverhütung ermutigten die Minister den Hohen Kommissar für nationale Minderheiten, seine Tätigkeit gemäß dem Mandat fortzusetzen (…) Die Minister unterstrichen die Bedeutung der umfassenden Zusammenarbeit der Teilnehmerstaaten mit dem Hohen Kommis- sar und der Unterstützung von Folgemaßnahmen und Verwirklichung seiner Empfehlungen (…)

Bukarest 2001 (Beschluss Nr. 5/01)

Der Ministerrat, (…)

ruft die OSZE-Institutionen, insbesondere das BDIMR, den Hohen Kommissar für nationale Min- derheiten und den Beauftragten für Medienfreiheit, dazu auf, Äußerungen von aggressivem Nati- onalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus verstärkte Aufmerksamkeit zu schenken, Intoleranz und Diskriminierung aufgrund der rassischen oder ethnischen Herkunft, der religiösen, politischen oder sonstigen Überzeugung entgegenzuwirken und die Achtung der Rechtsstaatlichkeit, der demokratischen Werte, der Men- schenrechte und Grundfreiheiten, einschließlich der Meinungs-, Gedanken-, Überzeugungs-, Re- ligions- und Glaubensfreiheit, zu fördern;

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

III Bekämpfung von Rassismus und Diskriminierung

Gesetzgebung und Rechtsdurchsetzung

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

70 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

21. Der HKNM wird im Rahmen seines Mandats die Entwicklung der Antidiskriminierungsgesetze beobachten und die Teilnehmerstaaten gegebenenfalls diesbezüglich beraten und unterstützen. 2 Polizei

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

Massenmedien

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

42. Der HKNM wird auch weiterhin Richtlinien für Entscheidungsträger betreffend die Nutzung der staatlichen Rundfunk- und Fernsehanstalten in multikulturellen Gemeinschaften ausarbeiten und verbreiten, damit unter anderem Minderheitensender, etwa auch der Roma und Sinti, unter- stützt werden und ihr Zugang zu den Medien verbessert wird.

V. Verbesserung des Zugangs zu Bildung

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

85. Der HKNM wird den Teilnehmerstaaten nahe legen, ihrer Verpflichtung, allen Mitgliedern der Gesellschaft freien und gleichberechtigten Zugang zum öffentlichen Bildungswesen zu bie- ten, nachzukommen und Maßnahmen zur Verbesserung der diesbezüglichen Lage der Roma und Sinti zu ergreifen.

86. Der HKNM wird weiterhin Anleitungen in Bezug auf Bildungsmodelle, Lehrplaninhalte so- wie die Vermittlung von Kenntnissen der Muttersprache und den Unterricht in der Mutterspra- che, einschließlich des Romani, geben.

VI. Verstärkung der Teilnahme am öffentlichen und politischen Leben

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen: (…)

104. Der HKNM wird im Rahmen seines Mandats die Staaten weiterhin in Bezug auf geeignete Mittel und Wege zur Erleichterung der Teilnahme von Roma und Sinti an allen Bereichen des öf- fentlichen Lebens beraten.

VII. Roma und Sinti in und nach Krisensituationen (…)

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

71 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

(…)

117. Der HKNM wird wie bisher seinem Auftrag, im frühestmöglichen Stadium Konfliktverhü- tung zu betreiben, nachkommen.

Sofia 2004 (Anhang zu Beschluss Nr. 14/04; OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern)

V. Unterstützung der OSZE-Teilnehmerstaaten bei der Umsetzung einschlägiger Verpflichtungen zur Förderung der Gleichstellung von Frauen und Männern (…)

(d) Sicherstellung von Chancengleichheit für die Beteiligung von Frauen am politischen und öf- fentlichen Leben (…) • der Hohe Kommissar für nationale Minderheiten (HKNM) wird sich mit konkreten Fragen im Zusammenhang mit der Teilnahme von Frauen, die nationalen Minderheiten angehören, am öffentlichen und privaten Leben befassen und im Rahmen der von seinem Büro entwickelten Konzepte und Projekte die zur Bekämpfung der doppelten Diskriminierung dieser Frauen not- wendigen Schritte ergreifen, wenn angebracht im Rahmen seines Konfliktverhütungsmandats;

C. Der Beauftragte für Medienfreiheit

Kopenhagen 1997 (Anhang 1: Beschluss des Ständigen Rates Nr. 193, Mandat des OSZE- Beauftragten für Medienfreiheit)

1. Die Teilnehmerstaaten bekräftigen die Prinzipien und Verpflichtungen, zu denen sie sich in Fra- gen der Medienfreiheit bekannt haben. Insbesondere erinnern sie daran, daß die freie Meinungs- äußerung ein grundlegendes und international anerkanntes Menschenrecht und ein elementarer Bestandteil einer demokratischen Gesellschaft ist und daß Freiheit, Unabhängigkeit und Plura- lismus der Medien für eine freie und offene Gesellschaft und ein rechenschaftspflichtiges Regie- rungssystem wesentlich sind. Eingedenk der Prinzipien und Verpflichtungen, zu denen sie sich in der OSZE bekannt haben, und im uneingeschränkten Bekenntnis zur Umsetzung von Absatz 11 der Gipfelerklärung von Lissabon, beschließen die Teilnehmerstaaten, einen OSZE-Beauftragten für Medienfreiheit unter der Ägide des Ständigen Rates einzusetzen. Dadurch soll die Umsetzung der einschlägigen OSZEPrinzipien und -Verpflichtungen gestärkt werden und das abgestimmte Vorgehen der Teilnehmerstaaten auf der Grundlage ihrer gemeinsamen Werte größere Wirksam- keit erhalten. Die Teilnehmerstaaten erklären, daß sie mit dem OSZE-Beauftragten für Medien- freiheit uneingeschränkt zusammenarbeiten werden. Dieser wird die Teilnehmerstaaten im Geiste der Zusammenarbeit in ihrem fortwährenden Einsatz für die Förderung von Freiheit, Unabhän- gigkeit und Pluralismus der Medien unterstützen.

2. Auf der Grundlage der OSZE-Prinzipien und -Verpflichtungen wird der OSZEBeauftragte für Medienfreiheit in allen Teilnehmerstaaten die maßgeblichen Entwicklungen im Medienbereich beobachten und ausgehend davon in enger Absprache mit dem Amtierenden Vorsitzenden für die vollständige Einhaltung der OSZE-Prinzipien und -Verpflichtungen in bezug auf freie Meinungs- äußerung und Medienfreiheit eintreten und diese fördern. In dieser Hinsicht wird ihm eine Früh- warnfunktion zukommen. Er wird sich mit gravierenden Problemen befassen, deren Ursache unter anderem die Behinderung der Medientätigkeit und ungünstige Arbeitsbedingungen für Journa- listen sind. Er wird mit den Teilnehmerstaaten, dem Ständigen Rat, dem Büro für demokratische

72 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Institutionen und Menschenrechte (BDIMR), dem Hohen Kommissar für nationale Minderhei- ten und gegebenenfalls anderen OSZE-Gremien sowie mit nationalen und internationalen Medi- enverbänden eng zusammenarbeiten. 2 3. Schwerpunkt der Tätigkeit des OSZE-Beauftragten für Medienfreiheit wird es sein, bei schwe- ren Verstößen von Teilnehmerstaaten gegen die OSZE-Prinzipien und -Verpflichtungen in bezug auf freie Meinungsäußerung und Medienfreiheit auf die in diesem Absatz dargestellte Weise rasch zu reagieren. Besteht Verdacht auf einen schweren Verstoß gegen diese Prinzipien und Verpflich- tungen, so wird sich der OSZE-Beauftragte für Medienfreiheit in geeigneter Weise um die Auf- nahme direkter Kontakte mit dem Teilnehmerstaat und anderen betroffenen Parteien bemühen, den Sachverhalt beurteilen, dem Teilnehmerstaat Hilfestellung leisten und zur Lösung des Pro- blems beitragen. Er wird den Amtierenden Vorsitzenden über seine Tätigkeit auf dem laufenden halten und dem Ständigen Rat über deren Ergebnisse sowie über seine Beobachtungen und Emp- fehlungen Bericht erstatten.

4. Der OSZE-Beauftragte für Medienfreiheit erfüllt weder eine richterliche Funktion, noch prä- judiziert er durch sein Eingreifen in irgendeiner Weise ein nationales oder internationales Ge- richtsverfahren wegen Verletzung der Menschenrechte. Desgleichen wird ihn ein nationales oder internationales Gerichtsverfahren wegen Verletzung der Menschenrechte nicht von vornherein daran hindern, seine in diesem Mandat dargelegten Aufgaben wahrzunehmen.

5. Der OSZE-Beauftragte für Medienfreiheit kann Informationen über die Lage der Medien aus allen vertrauenswürdigen Quellen einholen und entgegennehmen. Insbesondere wird er sich auf Informationen und Beurteilungen des BDIMR stützen. Der OSZE-Beauftragte für Medienfreiheit wird das BDIMR bei der Beurteilung, ob vor, während und nach Wahlen Freiheit, Unabhängig- keit und Pluralismus der Medien gegeben sind, unterstützen.

6. Der OSZE-Beauftragte für Medienfreiheit kann jederzeit von Teilnehmerstaaten und von anderer interessierter Seite (z.B. von Organisationen oder Institutionen, von Medien und deren Vertretern und von einschlägigen nichtstaatlichen Organisationen) Anfragen, Anregungen und Stellung- nahmen zur Stärkung und Weiterentwicklung der Einhaltung einschlägiger OSZE-Prinzipien und -Verpflichtungen einholen und entgegennehmen; dies gilt auch im Falle des Verdachts, daß Teilnehmerstaaten grobe Intoleranz üben, sofern sie sich der Medien unter Verletzung der Prin- zipien von Kapitel VIII Absatz 25 des Budapester Dokuments und von Kapitel X der Beschlüsse des Treffens des Rates in Rom bedienen. Er kann Anfragen, Anregungen und Stellungnahmen an den Ständigen Rat weiterleiten und dabei gegebenenfalls Empfehlungen über die weitere Vorge- hensweise abgeben.

7. Der OSZE-Beauftragte für Medienfreiheit wird sich auch routinemäßig mit dem Amtierenden Vorsitzenden beraten und dem Ständigen Rat regelmäßig Bericht erstatten. Der Ständige Rat kann ihn einladen, im Rahmen seines Mandats über konkrete Angelegenheiten betreffend die freie Mei- nungsäußerung und die Freiheit, die Unabhängigkeit und den Pluralismus der Medien Bericht zu erstatten. Er wird alljährlich dem Implementierungstreffen zu Fragen der menschlichen Dimen- sion beziehungsweise dem OSZE-Überprüfungstreffen über den Stand der Umsetzung der OSZE- Prinzipien und -Verpflichtungen in bezug auf freie Meinungsäußerung und Medienfreiheit in den OSZE-Teilnehmerstaaten berichten.

8. Der OSZE-Beauftragte für Medienfreiheit tritt mit keiner Person oder Organisation, die Ter- rorismus oder Gewalt ausübt oder öffentlich billigt, in Verbindung und bestätigt nicht den Emp- fang ihrer Mitteilungen.

73 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

9. Der OSZE-Beauftragte für Medienfreiheit wird eine herausragende internationale Persönlich- keit mit langjähriger einschlägiger Erfahrung sein, von der eine unparteiische Wahrnehmung des Amtes erwartet werden kann. Bei der Ausübung seines Amtes wird sich der OSZE-Beauftragte für Medienfreiheit von seiner unabhängigen und objektiven Beurteilung im Hinblick auf die einzel- nen Absätze dieses Mandats leiten lassen.

10. Der OSZE-Beauftragte für Medienfreiheit wird sich nur dann mit gravierenden Fällen befassen, die unter sein Mandat fallen und jenen Teilnehmerstaat betreffen, dessen Staats-angehöriger er ist oder in dem er seinen Wohnsitz hat, wenn alle unmittelbar beteiligten Parteien, einschließlich des betroffenen Teilnehmerstaats, damit einverstanden sind. Andernfalls wird die Angelegenheit an den Amtierenden Vorsitzenden verwiesen, der für diesen Fall einen Sonderbeauftragten bestellen kann.

11. Der OSZE-Beauftragte für Medienfreiheit wird mit einschlägigen internationalen Organisatio- nen, einschließlich der Vereinten Nationen und ihrer Sonderorganisationen sowie des Europarats, auf der Grundlage regelmäßiger Kontakte zusammenarbeiten, mit dem Ziel der besseren Koordi- nation und zur Vermeidung von Überschneidungen.

12. Im Einklang mit den OSZE-Verfahren wird der OSZE-Beauftragte für Medienfreiheit vom Ministerrat auf Empfehlung des Amtierenden Vorsitzenden nach Rücksprache mit den Teilneh- merstaaten bestellt. Seine Amtszeit beträgt drei Jahre und kann nach demselben Verfahren um weitere drei Jahre verlängert werden. (…)

14. Das Büro des OSZE-Beauftragten für Medienfreiheit wird seinen Sitz in Wien haben.

Bucharest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus und Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

11. Förderung der Menschenrechte, der Toleranz und der multikulturellen Gesellschaft: (…)

12. Der Beauftragte für Medienfreiheit wird die Entwicklung von Projekten in Erwägung ziehen, die durch den Einsatz von Medien zu Toleranz gegenüber Andersdenkenden und Andersgläubi- gen erziehen sollen. Er wird in den Medien Maßnahmen zur Verhütung und Bekämpfung von ag- gressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus fördern. Er wird weiterhin dazu ermutigen, dass eine pluralistische Debatte geführt wird und die Medien der Toleranz gegenüber der ethnischen, religiösen, sprachlichen und kulturellen Vielfalt mehr Aufmerksamkeit schenken; er wird in diesem Zusammenhang einen breiten Zugang der Öf- fentlichkeit zu den Medien fördern und Fällen von Verhetzung nachgehen. (…)

19. Unterstützung der Strafverfolgung und Kampf gegen die organisierte Kriminalität: (…)

23. Der Beauftragte für Medienfreiheit: wird auf Ersuchen bei der Ausarbeitung von Gesetzen zur Verhinderung des Missbrauchs der Informationstechnologie für terroristische Zwecke mitarbeiten und dabei sicherstellen, dass diese Gesetze mit Verpflichtungen in Bezug auf die freie Meinungs- äußerung und den freien Informationsfluss im Einklang stehen.

74 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Bukarest 2001 (Beschluss Nr. 5/01)

Der Ministerrat, (…) 2 ruft die OSZE-Institutionen, insbesondere das BDIMR, den Hohen Kommissar für nationale Min- derheiten und den Beauftragten für Medienfreiheit, dazu auf, Äußerungen von aggressivem Nati- onalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus verstärkte Aufmerksamkeit zu schenken, Intoleranz und Diskriminierung aufgrund der rassischen oder ethnischen Herkunft, der religiösen, politischen oder sonstigen Überzeugung entgegenzuwirken und die Achtung der Rechtsstaatlichkeit, der demokratischen Werte, der Men- schenrechte und Grundfreiheiten, einschließlich der Meinungs-, Gedanken-, Überzeugungs-, Re- ligions- und Glaubensfreiheit, zu fördern;

Maastricht 2003 (Anhang zum Beschluss Nr. 3/03; Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Massenmedien

Den OSZE-Institutionen und -Strukturen werden folgende Maßnahmen empfohlen:

39. Der Beauftragte für Medienfreiheit sollte in Zusammenarbeit mit dem BDIMR und einschlä- gigen internationalen Organisationen überlegen, auf welche Weise die OSZE zur Schaffung einer europäischen Roma-Rundfunkstation beitragen könnte, die in ganz Europa Sendungen ausstrahlt. Das BDIMR und der Medienbeauftragte sollten öffentliche Debatten, Antidiskriminierungskam- pagnen und gemeinsame Schulungsprogramme mit den Medien und für die Medien organisieren.

40. Der Medienbeauftragte sollte gegebenenfalls Schulungsseminare für RomaJournalisten er- leichtern.

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 633: Förderung von Toleranz und Medienfreiheit im Internet)

4. der OSZE-Beauftragte für Medienfreiheit sich weiterhin aktiv für die Förderung sowohl der freien Meinungsäußerung als auch des Zugangs zum Internet einsetzen und auch in Zukunft die einschlägigen Entwicklungen in allen Teilnehmerstaaten beobachten wird. Der Beauftragte wird für OSZE-Prinzipien und -Verpflichtungen eintreten und diese fördern. Dazu zählt auch die Früh- warnung, sobald Rechtsvorschriften oder andere Maßnahmen zum Verbot von rassistisch, frem- denfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierten Äußerungen zu politischen Zwecken diskriminierend oder selektiv umgesetzt werden, was eine Behinderung der Äußerung anderer Standpunkte und Meinungen bewirken kann;

75 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Sofia 2004 (Anhang zu Beschluss Nr. 14/04; OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern)

V. Unterstützung der OSZE-Teilnehmerstaaten bei der Umsetzung einschlägiger Verpflichtungen zur Förderung der Gleichstellung von Frauen und Männern (…)

(d) Sicherstellung von Chancengleichheit für die Beteiligung von Frauen am politischen und öf- fentlichen Leben — Der OSZE-Beauftragte für Medienfreiheit (RFOM) wird im Einklang mit Ka- pitel 6 seines Mandats auf Anzeichen für ernst zu nehmende Intoleranz gegenüber Frauen und Aufrufe zu geschlechtsbedingter Diskriminierung in den Medien oder durch die Medien in den Teilnehmerstaaten achten. Der Beauftragte wird die Teilnehmerstaaten in seinen regelmäßigen Berichten auf diese Fälle aufmerksam machen.

Brüssels 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

15. ermutigt den Beauftragten für Medienfreiheit, im Rahmen der verfügbaren Ressourcen die Prüfung nachahmenswerter Methoden in Bezug auf seine Kompetenz zur Bekämpfung von In- toleranz zu erwägen; (…)

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte)

Aus Anlass des zehnten Jahrestags des Bestehens des Büros des Beauftragten für Medienfreiheit anerkennen wir die Tätigkeit dieser Institution zur Förderung unabhängiger und pluralistischer Medien als unerlässlich für eine freie und offene Gesellschaft und zur Rechenschaft verpflichtete Regierungssysteme. Wir fordern die Teilnehmerstaaten und Kooperationspartner dazu auf, ein für freie und unabhängige Medien gedeihliches Umfeld zu schaffen. (…)

Mailand 2018 (Beschluss 3/18 über die Sicherheit von Journalisten)

ruft die Teilnehmerstaaten dazu auf: (…)

13. Uneingeschränkt mit dem OSZE-Beauftragten für Medienfreiheit zusammenzuarbeiten, ein- schließlich in der Frage der Sicherheit von Journalisten;

14. ermutigt den OSZE-Beauftragten für Medienfreiheit, seinem Mandat gemäß weiter für die Sicherheit von Journalisten in allen OSZE-Teilnehmerstaaten einzutreten und diese zu fördern.

76 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

D. Der Sonderbeauftragte für die Bekämpfung des Menschenhandels

Brüssels 2006 (Beschluss Nr. 3/06 über die Bekämpfung des Menschenhandels) 2 Der Ministerrat, (…)

unter Hinweis auf den Beschluss Nr. 2/03 des Elften Treffens des Ministerrats in Maastricht über die Bekämpfung des Menschenhandels, mit dem ein OSZE-Mechanismus unter der Führung des Ständigen Rates eingerichtet wurde, der die Teilnehmerstaaten im Kampf gegen den Menschen- handel unterstützen soll,

in Bekräftigung der Wichtigkeit, über eine mit angemessenen administrativen und finanziellen Mitteln ausgestattete geeignete Struktur zu verfügen, die auf politischer Ebene tätig werden kann,

1. Beschließt, den OSZE-Mechanismus zur Unterstützung der Teilnehmerstaaten im Kampf gegen den Menschenhandel, der unter der Führung des Ständigen Rates eingerichtet wurde, zu einem fes- ten Bestandteil des Sekretariats zu machen. Die Struktur wird unter der Leitung einer prominenten Persönlichkeit stehen, die die Funktion eines Sonderbeauftragten übernehmen und die OSZE auf politischer Ebene vertreten wird; sie wird aus entsprechend dem Personalstatut und den Dienstvor- schriften der OSZE bestellten bzw. dienstzugeteilten Vertrags- und dienstzugeteilten Bediensteten bestehen und die derzeitigen Mitarbeiter der Gruppe Bekämpfung des Menschenhandels umfassen;

Aufgabe der Struktur wird es sein:

(a) die OSZE-Teilnehmerstaaten bei der Umsetzung der Verpflichtungen und vollen Berücksich- tigung der im OSZE-Aktionsplan zur Bekämpfung des Menschenhandels, einschließlich seines Zusatzes „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit von Kindern als Op- fer von Menschenhandel“, enthaltenen Empfehlungen zu unterstützen;

(b) für die Koordination der OSZE-Maßnahmen zur Bekämpfung des Menschenhandels quer durch alle drei Dimensionen der OSZE zu sorgen und als zentrale Anlaufstelle für die Arbeit der OSZE in diesem Bereich zu fungieren;

(c) die Zusammenarbeit zwischen den zuständigen Behörden der Teilnehmerstaaten sowie zwi- schen der OSZE und anderen einschlägigen Organisationen zu stärken;

(d) die Bekämpfung des Menschenhandels in der Öffentlichkeit und politisch stärker zu profilieren;

(e) im gesamten OSZE-Raum tätig zu sein und gegebenenfalls den Teilnehmerstaaten im Geiste der Zusammenarbeit und nach Konsultationen mit den zuständigen Behörden der betreffenden Teilnehmerstaaten bei deren Bemühungen um Umsetzung ihrer Verpflichtungen im Kampf gegen den Menschenhandel Hilfestellung zu leisten;

(f) gegebenenfalls gemeinsam mit anderen in diesem Bereich tätigen OSZE-Strukturen Beratung und technische Hilfe bei der Gesetzgebung und der Entwicklung politischer Richtlinien anzubie- ten und zu vermitteln;

(g) bereit zu sein, hochrangige Behörden der Legislative, Exekutive und Judikative in Teilnehmer- staaten zu beraten und mit ihnen die Umsetzung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels sowie der Verpflichtungen in Bezug auf die Bekämpfung des Menschenhandels zu erörtern; In speziellen Fällen, die besondere Aufmerksamkeit erfordern, in geeigneter Weise

77 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

den direkten Kontakt mit den betreffenden Teilnehmerstaaten zu suchen und bei Bedarf die Be- reitstellung von Beratung und konkreter Hilfe zu erörtern;

(h) mit den in den Teilnehmerstaaten zur Koordination und Überwachung der Aktivitäten der staatlichen Einrichtungen im Kampf gegen den Menschenhandel bestellten nationalen Koordina- toren, nationalen Berichterstattern oder anderen nationalen Mechanismen zusammenzuarbeiten. Die Struktur wird auch mit einschlägigen nichtstaatlichen Organisationen in den Teilnehmerstaa- ten zusammenarbeiten. Darüber hinaus wird sie innerhalb der OSZE die Rolle eines Gastgebers bzw. Förderers von Treffen zum Informations- und Erfahrungsaustausch zwischen den nationa- len Koordinatoren, von den Teilnehmerstaaten benannten Vertretern oder Experten in Sachen Menschenhandel übernehmen;

(i) in koordinierender Funktion und unter voller Achtung des jeweiligen Mandats eng mit dem Büro für demokratische Institutionen und Menschenrechte (BDIMR) und anderen OSZE-Institu- tionen zusammenzuarbeiten, ebenso wie mit einschlägigen Strukturen des Sekretariats einschließ- lich des Büros des Koordinators für Wirtschafts- und Umweltaktivitäten der OSZE (OCEEA), der Gruppe Strategische Polizeiangelegenheiten (SPMU) und dem Leitenden Genderberater, sowie ge- gebenenfalls mit den OSZE-Feldoperationen. Unter Nutzung der in der OSZE vorhandenen Er- fahrungen werden die OSZE-Strukturen, die in diesem Bereich tätig sind, enges Einvernehmen untereinander und mit dem Sonderbeauftragten herstellen, um Doppel- gleisigkeiten zu vermeiden, Komplementarität und Kohärenz sicherstellen und gegebenenfalls ein Gesamtkonzept entwickeln;

(j) mit einschlägigen internationalen Akteuren, darunter regionale, zwischenstaatliche und nicht- staatliche Organisationen, zusammenzuarbeiten und Synergien zu entwickeln; auch weiterhin ge- meinsame Initiativen der Allianz gegen den Menschenhandel einzuberufen, den Vorsitz zu führen und zu organisieren;

2. fordert den Generalsekretär und den Amtierenden Vorsitz auf, einander bei der Bestellung einer prominenten Persönlichkeit mit einschlägiger beruflicher und politischer Erfahrung zu konsultieren: • Der Generalsekretär wird die Persönlichkeit mit Zustimmung des Vorsitzes im Einklang mit Beschluss Nr. 15/04 des Zwölften Ministerratstreffens in Sofia zum Koordinator (…),; • der Amtierende Vorsitz wird dem Koordinator Funktion und Titel eines Sonderbeauftragten für die Bekämpfung des Menschenhandels übertragen, um den Amtsinhaber dazu zu befähigen, die OSZE auf politischer Ebene angemessen zu vertreten. Die Teilnehmerstaaten werden laut Beschluss Nr. 8 des Zehnten Ministerratstreffens in Porto konsultiert werden;

3. stellt fest, dass der Sonderbeauftragte dem Ständigen Rat nach Rücksprache mit dem Amtie- renden Vorsitz und dem Generalsekretär sowie gemäß Beschluss Nr. 13/05 des Dreizehnten Mi- nisterratstreffens in Laibach politisch unterstehen und diesem regelmäßig und wenn angezeigt Bericht erstatten wird; (…)

5. beschließt, dass dieser Beschluss den Beschluss Nr. 2/03 des Elften Ministerratstreffens in Maas- tricht abändert und nötigenfalls vom Ständigen Rat abgeändert werden kann.

78 2.3.4 OSZE-Institutionen/-Strukturen mit besonderer Relevanz für die menschliche Dimension

Helsinki 2008 (Beschluss Nr. 5/08 über die Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept) 2 Der Ministerrat, (…)

13. beauftragt die Sonderbeauftragte, im Rahmen der vorhandenen Ressourcen und als Teil ihrer regelmäßigen Berichterstattung an den Ständigen Rat in Zusammenarbeit mit den Teilnehmer- staaten Empfehlungen darüber abzugeben, auf welche Weise die Reaktion der Strafgerichtsbarkeit auf den Menschenhandel weiter verstärkt werden kann.

79 3. Einschränkungen und Ausnahmeregelungen 3.1 Umfang und Art zulässiger Einschränkungen

3.1 Umfang und Art zulässiger Einschränkungen

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(21) Teilnehmerstaaten werden gewährleisten, daß die Ausübung der obenstehenden Rechte kei- nerlei Einschränkungen unterliegt, mit Ausnahme jener, die im Gesetz verankert sind und mit ihren völkerrechtlichen Verpflichtungen, insbesondere dem Internationalen Pakt über bürgerli- che und politische Rechte, und mit ihren anderen internationalen Verpflichtungen, insbesondere der Allgemeinen Erklärung der Menschenrechte, in Einklang stehen. Diese Einschränkungen tra- 3 gen den Charakter von Ausnahmen. Die Teilnehmerstaaten werden dafür sorgen, daß diese Ein- schränkungen nicht mißbräuchlich und willkürlich angewendet werden, sondern in einer Form, die die wirksame Ausübung dieser Rechte wahrt.

Kopenhagen 1990

(16) Die Teilnehmerstaaten (…) (16.3) – betonen, daß keine wie auch immer gearteten außergewöhnlichen Umstände, sei es Kriegs- zustand oder Kriegsdrohung, interne politische Instabilität oder irgendeine andere öffentliche Not- standssituation, als Rechtfertigung für Folter geltend gemacht werden dürfen; (…)

(24) (…) In einer demokratischen Gesellschaft muß jede Einschränkung von Rechten und Freihei- ten einem in den anzuwendenden Rechtsvorschriften genannten Zweck entsprechen und streng verhältnismäßig sein.

3.2 Ausnahmeregelungen zur Umsetzungspflicht im Rahmen eines öffentlichen Notstands

Kopenhagen 1990

(16) Die Teilnehmerstaaten (16.3) – betonen, daß keine wie auch immer gearteten außergewöhnlichen Umstände, sei es Kriegs- zustand oder Kriegsdrohung, interne politische Instabilität oder irgendeine andere öffentliche Not- standssituation, als Rechtfertigung für Folter geltend gemacht werden dürfen; (…)

(25) Teilnehmerstaaten bestätigen, daß jede Außerkraftsetzung von Verpflichtungen betreffend Menschenrechte und Grundfreiheiten während eines öffentlichen Notstandes streng im Rahmen der vom Völkerrecht, vor allem in den einschlägigen internationalen Dokumenten, an die sie ge- bunden sind, vorgesehenen Grenzen bleiben muß, insbesondere im Hinblick auf Rechte, die nicht außer Kraft gesetzt werden können.

81 3.2 Ausnahmeregelungen zur Umsetzungspflicht im Rahmen eines öffentlichen Notstands

Sie bekräftigen ferner, daß (25.1) – Maßnahmen, die solche Verpflichtungen außer Kraft setzen, in voller Übereinstimmung mit den in diesen Dokumenten festgelegten Verfahren getroffen werden müssen; (25.2) – die Verhängung eines öffentlichen Notstandes amtlich und öffentlich und in Übereinstim- mung mit den vom Gesetz festgelegten Bestimmungen verkündet werden muß; (25.3) – Maßnahmen, die Verpflichtungen außer Kraft setzen, auf den Umfang zu beschränken sind, den die Lage unbedingt erfordert; (25.4) – solche Maßnahmen eine Diskriminierung allein aufgrund der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der sozialen Herkunft oder der Zugehörigkeit zu einer Minderheit ausschließen werden.

Moskau 1991

(28) Die Teilnehmerstaaten erachten es für wichtig, die Menschenrechte und Grundfreiheiten wäh- rend eines öffentlichen Notstands zu schützen, die einschlägigen Bestimmungen des Dokuments des Kopenhagener Treffens zu berücksichtigen und die internationalen Konventionen, denen sie beigetreten sind, einzuhalten. (28.1) Die Teilnehmerstaaten bekräftigen, daß im Einklang mit den völkerrechtlichen Verpflich- tungen des jeweiligen Staates und den KSZE-Verpflichtungen ein öffentlicher Notstand nur un- ter ganz außergewöhnlichen und schwerwiegenden Umständen gerechtfertigt ist. Ein öffentlicher Notstand darf weder der Untergrabung der demokratischen Verfassungsordnung dienen noch auf die Abschaffung international anerkannter Menschenrechte und Grundfreiheiten abzielen. Sollte Gewaltanwendung unvermeidlich sein, muß davon angemessen und in geringstmöglichem Aus- maß Gebrauch gemacht werden. (28.2) Ein öffentlicher Notstand darf nur von einem verfassungsmäßig dazu bevollmächtigten Or- gan verhängt werden. Wenn die Organe der Exekutive gesetzlich befugt sind, einen Beschluß über die Verhängung des öffentlichen Notstands zu fassen, sollte das gesetz-gebende Organ ihm inner- halb kürzester Zeit zustimmen oder ihn überprüfen. (28.3) Der Beschluß über die Verhängung eines öffentlichen Notstands wird amtlich und öffentlich und in Übereinstimmung mit den gesetzlichen Bestimmungen bekanntgemacht. In einem solchen Beschluß wird, wenn möglich, der territoriale Geltungsbereich des öffentlichen Notstands festge- legt. Der betroffene Staat wird seine Staatsangehörigen unverzüglich darüber informieren, welche Maßnahmen eingeleitet wurden. Der öffentliche Notstand wird sobald wie möglich aufgehoben und nicht länger in Kraft bleiben, als es unter den gegebenen Umständen unbedingt erforderlich ist. (28.4) Eine mit gesetzlichen Bestimmungen nicht im Einklang stehende de-facto-Verhängung bzw. -Fortsetzung eines öffentlichen Notstands ist nicht zulässig. (28.5) Die Teilnehmerstaaten werden bestrebt sein zu gewährleisten, daß die normalen Funktio- nen der Gesetzgebungsorgane während eines öffentlichen Notstands in höchst-möglichem Maße garantiert werden. (…) (28.7) Die Teilnehmerstaaten werden bestrebt sein, auch jene Verpflichtungen nicht außer Kraft zu setzen, die gemäß internationalen Konventionen, denen sie beigetreten sind, im Falle eines öf- fentlichen Notstands außer Kraft gesetzt erden dürfen. Solche Maßnahmen werden weder weiter gehen noch länger Gültigkeit haben, als es unter den gegebenen Umständen unbedingt erforder- lich ist; es handelt sich ihrem Wesen nach um außergewöhnliche Maßnahmen, die nur einschrän- kend ausgelegt und angewandt werden sollten (…)

82 3.2 Ausnahmeregelungen zur Umsetzungspflicht im Rahmen eines öffentlichen Notstands

(28.8) Die Teilnehmerstaaten werden bestrebt sein zu gewährleisten, daß sie für die Aufrecht-erhal- tung der Rechtsstaatlichkeit erforderlichen gesetzlichen Garantien auch während eines öffentlichen Notstand in Kraft bleiben. Sie werden bestrebt sein, in ihrer Rechtsordnung Kontrollmechanismen für die Notstandsverordnungen sowie deren Durchführung aufzunehmen. (28.9) Die Teilnehmerstaaten werden bestrebt sein, die Meinungsäußerungs und Informationsfrei- heit in Übereinstimmung mit ihren internationalen Verpflichtungen aufrecht-zuerhalten, damit eine öffentliche Diskussion über die Einhaltung der Menschenrechte und Grundfreiheiten sowie über die Aufhebung des öffentlichen Notstands möglich ist. Sie werden in Übereinstimmung mit den internationalen Normen im Bereich der Wahrung der Meinungsfreiheit keine Maßnahmen 3 ergreifen, die darauf abzielen, Journalisten bei der rechtmäßigen Ausübung ihrer beruflichen Tä- tigkeit zu behindern, ausgenommen jene Maßnahmen, die unter den gegebenen Umständen un- bedingt erforderlich sind. (28.10) Wenn ein öffentlicher Notstand in einem Teilnehmerstaat verhängt bzw. aufgehoben wird, wird der betreffende Staat die KSZE-Institution* unverzüglich von dieserEntscheidung sowie von jeglicher Außerkraftsetzung von internationalen Menschenrechtsverpflichtungen dieses Staates in Kenntnis setzen. Die Institution wird den anderen Teilnehmerstaaten unverzüglich Mittei- lung machen.

* Die Entscheidung über die Institution obliegt dem Rat.

83 Besondere Verpflichtungen im Bereich der menschlichen Dimension

85 1. Verpflichtungen in Bezug auf das Selbstbestimmungsrecht der Völker 1. Verpflichtungen in Bezug auf das Selbstbestimmungsrecht der Völker

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die Beziehungen der Teilnehmerstaaten leiten, Prinzip VIII)

Die Teilnehmerstaaten werden die Gleichberechtigung der Völker und ihr Selbstbestimmungsrecht achten, indem sie jederzeit in Übereinstimmung mit den Zielen und Grundsätzen der Charta der Vereinten Nationen und den einschlägigen Normen des Völkerrechts handeln, einschließlich je- ner, die sich auf die territoriale Integrität der Staaten beziehen. Kraft des Prinzips der Gleichbe- rechtigung und des Selbstbestimmungsrechts der Völker haben alle Völker jederzeit das Recht, in voller Freiheit, wann und wie sie es wünschen, ihren inneren und äußeren politischen Status ohne äußere Einmischung zu bestimmen und ihre politische, wirtschaftliche, soziale und kulturelle Ent- wicklung nach eigenen Wünschen zu verfolgen. Die Teilnehmerstaaten bekräftigen die universelle Bedeutung der Achtung und der wirksamen Ausübung der Gleichberechtigung und des Selbstbe- stimmungsrechts der Völker für die Entwicklung freundschaftlicher Beziehungen zwischen ih- nen sowie zwischen allen Staaten; sie erinnern auch an die Bedeutung der Beseitigung jeglicher Form der Verletzung dieses Prinzips. 1 Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(4) [Die Teilnehmerstaaten] bestätigen ferner, daß alle Völker kraft des Prinzips der Gleichberech- tigung und des Selbstbestimmungsrechts der Völker und gemäß den einschlägigen Bestimmungen der Schlußakte jederzeit das Recht haben, in voller Freiheit, wann und wie sie es wünschen, ihren inneren und äußeren politischen Status ohne äußere Einmischung zu bestimmen und ihre poli- tische, wirtschaftliche, soziale und kulturelle Entwicklung nach eigenen Wünschen zu verfolgen.

87 2. Verpflichtungen in Bezug auf die strukturellen Komponenten einer demokratischen Gesellschaft 2.1 Allgemeine Bestimmungen

2.1 Allgemeine Bestimmungen

Bonn 1990 (Präambel)

(…) die Teilnehmerstaaten,

In Anerkennung des Zusammenhangs zwischen politischem Pluralismus und Marktwirtschaft und den folgenden Prinzipien verpflichtet: • einem demokratischen Mehrparteiensystem auf der Grundlage freier, regelmäßiger und ech- ter Wahlen; • der Rechtsstaatlichkeit und dem für alle gleichen Schutz durch das Gesetz auf der Grundlage der Achtung der Menschenrechte sowie eines wirksamen, allgemein zugänglichen und gerech- ten Rechtswesens; • Der Wirtschaftstätigkeit, die die Würde des Menschen entsprechend achtet, Zwangsarbeit oder Diskriminierung von Arbeitern aufgrund von Rasse, Geschlecht, Sprache, politischer oder reli- giöser Überzeugung ausschließt und den Arbeitern das Recht auf Gründung unabhängiger Ge- werkschaften und den Beitritt zu solchen nicht vorenthält;

Sich bemühen, folgendes anzustreben bzw. beizubehalten (…)

2 Kopenhagen 1990

[Die Teilnehmerstaaten] erkennen an, daß pluralistische Demokratie und Rechtsstaatlichkeit we- sentlich sind für die Gewährleistung der Achtung aller Menschenrechte und Grundfreiheiten, die Weiterentwicklung menschlicher Kontakte und die Lösung anderer Fragen von gleichfalls huma- nitärer Art. Sie begrüßen daher das Bekenntnis aller Teilnehmerstaaten zu den Idealen der Demo- kratie und des politischen Pluralismus sowie ihre gemeinsame Entschlossenheit, demokratische Gesellschaftssysteme auf der Grundlage von freien Wahlen und Rechtsstaatlichkeit zu errichten. (…)

(6) Die Teilnehmerstaaten erklären, daß der durch regelmäßige und unverfälschte Wahlen frei und gerecht zum Ausdruck gebrachte Wille des Volkes die Grundlage für die Autorität und Rechtmä- ßigkeit jeder Regierung bildet (…) Sie erkennen ihre Verantwortung an, in Übereinstimmung mit ihren Gesetzen, ihren internationalen Verpflichtungen bezüglich der Menschenrechte und ihren anderen internationalen Verpflichtungen die durch den Willen des Volkes frei geschaffene demo- kratische Ordnung gegen Aktivitäten von Personen, Gruppen oder Organisationen zu verteidigen und zu schützen, die sich des Terrorismus oder der Gewalt zum Sturz dieser Ordnung oder der Ord- nung eines anderen Teilnehmerstaates bedienen oder auf deren Anwendung nicht verzichten wollen.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir verpflichten uns, die Demokratie als die einzige Regierungsform unserer Nationen aufzubauen, zu festigen und zu stärken. In diesem Bestreben werden wir an folgendem festhalten:

Menschenrechte und Grundfreiheiten sind allen Menschen von Geburt an eigen; sie sind un- veräußerlich und werden durch das Recht gewährleistet. Sie zu schützen und zu fördern ist vor- nehmste Pflicht jeder Regierung. Ihre Achtung ist wesentlicher Schutz gegen staatliche Übermacht.

89 2.1 Allgemeine Bestimmungen

Ihre Einhaltung und uneingeschränkte Ausübung bilden die Grundlage für Freiheit, Gerechtig- keit und Frieden.

Demokratische Regierung gründet sich auf den Volkswillen, der seinen Ausdruck in regelmäßi- gen, freien und gerechten Wahlen findet. Demokratie beruht auf Achtung vor der menschlichen Person und Rechtsstaatlichkeit.

Demokratie ist der beste Schutz für freie Meinungsäußerung, Toleranz gegenüber allen gesell- schaftlichen Gruppen und Chancengleichheit für alle.

Die Demokratie, ihrem Wesen nach repräsentativ und pluralistisch, erfordert Verantwortlichkeit gegenüber der Wählerschaft, Bindung der staatlichen Gewalt an das Recht sowie eine unparteii- sche Rechtspflege. Niemand steht über dem Gesetz. (…)

Unsere Staaten werden zusammenarbeiten und einander unterstützen, um zu gewährleisten, daß die Entwicklung der Demokratie nicht mehr rückgängig gemacht werden kann.

Moskau 1991

(17) Die Teilnehmerstaaten (17.1) – verurteilen vorbehaltlos Kräfte, die bestrebt sind, gegen den in freien und fairen Wahlen zum Ausdruck gebrachten Willen des Volkes und im Widerspruch zur rechtmäßig geschaffenen Verfassungsordnung eine parlamentarische Regierung eines Teilnehmerstaates zu entmachten; (17.(2) – werden – in Übereinstimmung mit der Charta der Vereinten Nationen – im Falle eines durch undemokratische Mittel herbeigeführten Sturzes oder des versuchten Sturzes einer recht- mäßig gewählten Regierung eines Teilnehmerstaates die rechtmäßigen Organe dieses Staates, die für Menschenrechte, Demokratie und Rechtsstaatlichkeit stehen, mit großem Nachdruck unter- stützen, um ihrer gemeinsamen Verpflichtung nachzukommen, sich jeglichem auf eine Verletzung dieser Grundwerte abzielenden Versuch entgegenzustellen;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

36. (…) Ausgehend von ihren Verpflichtungen in der menschlichen Dimension ist die OSZE be- müht, in ihrer gesamten Region die Schaffung von Bedingungen zu fördern, unter denen alle unter dem Schutz wirksamer demokratischer Institutionen, ordentlicher Gerichte und rechtsstaatlicher Grundsätze ihre Menschenrechte und Grundfreiheiten uneingeschränkt in Anspruch nehmen können. Dazu gehören ein sicheres Umfeld und Institutionen, in deren Rahmen sich ein friedli- cher Diskurs entwickeln und jedes Mitglied der Gesellschaft ebenso wie jede Gruppe seine/ihre Interessen vertreten kann. Die Zivilgesellschaft spielt dabei eine wichtige Rolle, und die OSZE wird weiterhin Organisationen der Zivilgesellschaft unterstützen und zu deren Stärkung beitragen.

Maastricht 2003 (OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension)

2.2.1 Verantwortungsvolle Führung im öffentlichen und unternehmerischen Bereich und starke Institutionen sind wesentliche Grundlagen für eine gesunde Wirtschaft, die Investitionen anzie- hen kann und dadurch die Staaten in die Lage versetzt, Armut und Ungleichheit zu reduzieren, die gesellschaftliche Integration zu verstärken, Chancengleichheit für alle zu verwirklichen und

90 2.1 Allgemeine Bestimmungen

die Umwelt zu schützen. Eine gute Regierungsführung auf allen Ebenen trägt zu Wohlstand, Sta- bilität und Sicherheit bei. Frieden, gute internationale Beziehungen, die Sicherheit und Stabilität des Staates und die Sicherheit des Einzelnen innerhalb des Staates auf der Grundlage der Rechts- staatlichkeit und der Achtung der Menschenrechte sind eine entscheidende Voraussetzung für die Schaffung einer Atmosphäre des Vertrauens, die für eine positive wirtschaftliche und soziale Ent- wicklung unverzichtbar ist. 2.2.2 Eine gute Regierungsführung ist für alle Teilnehmerstaaten von größter Bedeutung, und wir sind uns darin einig, dass wir auf einzelstaatlicher Ebene mit Unterstützung der einschlägigen in- ternationalen Organisationen an der Stärkungder guten Regierungsführung in all ihren Aspek- ten arbeiten und Kooperationsmethoden entwickeln werden, die es uns ermöglichen, einander auf dem Weg zu diesem Ziel beizustehen. 2.2.3 Die Verwirklichung einer guten Regierungsführung erfordert einen umfassenden und lang- fristigen strategischen Ansatz, damit Erfolge in einem Bereich nicht durch Schwächen in anderen Bereichen gefährdet werden. Wir werden bei der Entwicklung unserer Strategien für gute Regie- rungsführung zusammenarbeiten und Erfahrungen hinsichtlich bewährter Praktiken austauschen.

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte) (…)

Wir anerkennen, dass die Menschenrechte am besten in demokratischen Gesellschaften geach- 2 tet werden, in denen Beschlüsse mit einem Höchstmaß an Transparenz und breiter Beteiligung gefasst werden. Wir unterstützen eine pluralistische Zivilgesellschaft und ermutigen zu Partner- schaften zwischen verschiedenen, an der Förderung und dem Schutz der Menschenrechte betei- ligten Akteuren. (…)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

91 2.2 Wahlen

2.2 Wahlen

Siehe auch: I. 2.3.4 A: Das Büro für demokratische Institutionen und Menschenrechte (BDIMR)

Kopenhagen 1990

(7) Um zu gewährleisten, daß der Wille des Volkes die Grundlage für die Autorität der Regierung bildet, werden die Teilnehmerstaaten (7.1) – in angemessenen Zeitabständen freie Wahlen abhalten, wie das Gesetz es vorschreibt; (7.2) – zulassen, daß alle Vertreter in zumindest einer der Kammern des nationalen Gesetzge- bungsorgans vom Volk frei gewählt werden; (7.3) – allen erwachsenen Staatsbürgern das allgemeine und gleiche Wahlrecht zusichern; (7.4) – sicherstellen, daß die Abstimmung geheim oder in einem gleichwertigen freien Abstim- mungsverfahren durchgeführt wird, die Auszählung der Stimmen und die Weitergabe des Abstim- mungsergebnisses wahrheitsgetreu erfolgen und die offiziellen Ergebnisse bekanntgegeben werden; (7.5) – das Recht der Bürger achten, sich ohne Benachteiligung um politische oder öffentliche Äm- ter zu bewerben, sei es als Einzelperson oder als Vertreter politischer Parteien oder Organisationen; (7.6) – das Recht von Einzelpersonen und Gruppen achten, eigene politische Parteien oder andere politische Organisationen in voller Freiheit zu gründen und solchen politischen Parteien und Or- ganisationen die notwendigen gesetzlichen Garantien zusichern, damit diese auf der Grundlage der Gleichbehandlung durch das Gesetz und durch die Behörden miteinander in Wettstreit tre- ten können; (7.7) – sicherstellen, daß Recht und öffentliche Ordnung es gestatten, daß politische Wahlkampa- gnen in einer Atmosphäre der Fairness und der Freiheit durchgeführt werden, in der weder ad- ministrative Maßnahmen noch Gewalt oder Einschüchterung die Parteien und die Kandidaten daran hindern, frei ihre Ansichten und Fähigkeiten darzulegen, oder die die Wähler daran hindern, diese zu erfahren und zu erörtern oder ihre Stimme frei von Angst vor Repressalien abzugeben; (7.8) – dafür zu sorgen, daß der Zugang zu den Medien für alle politischen Gruppen und Einzel- personen, die sich an der Wahl beteiligen wollen, ohne Diskriminierung möglich ist und nicht durch gesetzliche oder administrative Hindernisse eingeschränkt wird;

92 2.2 Wahlen

(7.9) – sicherstellen, daß Kandidaten, die die gesetzlich erforderliche Anzahl von Stimmen erhal- ten haben, ihr Amt ordnungsgemäß antreten und dieses bis zum Ende ihrer Amtszeit innehaben können oder bis die Amtszeit anderweitig auf eine gesetzlich geregelte Weise in Übereinstimmung mit parlamentarisch-demokratischen und verfassungsmäßigen Verfahrensregeln beendet wird.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, jeder einzelne hat ohne Unterschied das Recht auf: (…)

an freien und gerechten Wahlen teilzunehmen (…)

Wir beschließen, in Warschau ein Büro für freie Wahlen einzurichten, um Kontakte und den In- formationsaustausch im Zusammenhang mit Wahlen in den Teilnehmerstaaten zu erleichtern. 2 Genf 1991 (…)

Die Teilnehmerstaaten werden, soweit dies gesetzlich zulässig ist, die Anwesenheit von Beobach- tern bei nicht-gesamtstaatlichen Wahlen wohlwollend prüfen und sich bemühen, den Beobach- tern den Zugang dazu zu erleichtern. (…)

Lissabon 1996 (Gipfelerklärung)

9. (...) Unter den akuten Problemen in der menschlichen Dimension gefährden fortwährende Ver- letzungen der Menschenrechte, wie etwa (...) Wahlbetrug, (...) nach wie vor die Stabilität in der OSZE-Region. Wir sind entschlossen, uns diesen Problemen auch in Zukunft zu stellen.

Istanbul 1999 (Gipfelerklärung)

26. Es stehen uns Wahlen in großer Zahl bevor, und wir werden uns dafür einsetzen, dass sie frei und fair und im Einklang mit den OSZE-Prinzipien und -Verpflichtungen ablaufen. Es ist dies der einzige Weg zu einer stabilen Grundlage für die demokratische Entwicklung. Wir würdigen die Rolle des BDIMR, das Ländern bei der Entwicklung von Wahlgesetzen hilft, die den OSZE- Prinzipien und -Verpflichtungen entsprechen, und wir kommen überein, den Wahlbeurteilun- gen und Empfehlungen des BDIMR umgehend Folge zu leisten. Wir wissen den Wert der Arbeit des BDIMR und der Parlamentarischen Versammlung der OSZE vor, während und nach Wahlen zu schätzen, die zum Demokratisierungsprozess weiter beiträgt. Wir sind entschlossen, das volle Wahlrecht von Angehörigen von Minderheiten sicherzustellen und das Recht von Flüchtlingen zu fördern, an Wahlen in ihrem Herkunftsland teilzunehmen. Wir verpflichten uns, für einen fairen Wettstreit zwischen Kandidaten und Parteien zu sorgen, der ihren Zugang zu den Medien und die Achtung des Rechts auf Versammlung einschließt.

93 2.2 Wahlen

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

25. Wir bekräftigen unsere Verpflichtung, freie und faire Wahlen im Einklang mit den OSZE- Verpflichtungen – insbesondere dem Kopenhagener Dokument 1990 – abzuhalten. Wir erken- nen die Hilfe an, die das BDIMR den Teilnehmerstaaten bei der Ausarbeitung und Umsetzung von Wahlgesetzen anbieten kann. Im Sinne dieser Verpflichtungen werden wir Beobachter aus anderen Teilnehmerstaaten, dem BDIMR, der Parlamentarischen Versammlung und geeigneten Institutionen und Organisationen einladen, die die Abhaltung von Wahlen in unseren Ländern beobachten wollen. Wir kommen überein, den Wahlbeurteilungen und Empfehlungen des BDIMR umgehend Folge zu leisten.

Porto 2002 (Beschluss Nr. 7/02 über Verpflichtungen betreffend Wahlen )

Der Ministerrat,

unter Hinweis auf die Bestimmungen des Dokuments 1990 des Kopenhagener Treffens der Kon- ferenz über die menschliche Dimension der OSZE,

feststellend, (...) zusätzlichen Verpflichtungen diese Bestimmungen ergänzen, in Bekräftigung sei- ner Entschlossenheit, diese Verpflichtungen umzusetzen,

in der Erkenntnis, dass demokratische Wahlen nach den verschiedensten Wahlsystemen durch- geführt werden können,

in Anerkennung der Kompetenz des BDIMR im Zusammenhang mit der Unterstützung von Teil- nehmerstaaten bei der Umsetzung von Verpflichtungen in Bezug auf Wahlen,

unter Berücksichtigung des PC-Beschlusses Nr. 509 über „Internationale Standards und Verpflich- tungen: Ein praktischer Leitfaden zu bewährten Praktiken bei demokratischen Wahlen“,

Fordert die Teilnehmerstaaten auf, verstärkt auf die vom BDIMR nach Wahlbeobachtungen ab- gegebenen Empfehlungen zu reagieren (…)

Maastricht 2003 (Beschluss Nr. 5/03 über Wahlen)

Der Ministerrat, (…)

erfreut über die weiter bestehende wirksame Zusammenarbeit zwischen dem BDIMR und der Par- lamentarischen Versammlung der OSZE bei der Wahlbeobachtung,

mit Genugtuung das Dokument „Existing Commitments for Democratic Elections in OSCE Par- ticipating States: A Progress Report“ (ODIHR.GAL/39/03) begrüßend, das vom BDIMR ausgear- beitet und den Teilnehmerstaaten im Juni dieses Jahres zugeleitet wurde,

Insbesondere in Anerkennung der Notwendigkeit, unter den Wählern Vertrauen in den gesamten Prozess zu wecken, die Wahlverfahren transparent zu machen und die für die Abhaltung der Wah- len verantwortlichen staatlichen Stellen der Rechenschaftspflicht zu unterwerfen, ruft die Teilneh- merstaaten dazu auf, in diesem Bereich ihre Zusammenarbeit mit dem BDIMR weiter zu verstärken,

94 2.2 Wahlen

Beauftragt das BDIMR, nach Möglichkeiten zur Verbesserung der Effizienz seiner Hilfestellung für Teilnehmerstaaten im Gefolge der in Wahlbeobachtungsberichten des BDIMR abgegeben Empfehlungen(…);

Brüssel 2006 (Beschluss Nr. 19/06 über die Stärkung der Wirksamkeit der OSZE)

Der Ministerrat, (…)

1. dankt dem BDIMR für die von ihm gemäß Beschluss Nr. 17/05 Absatz 2 des Ministerrats geleis- tete Arbeit und nimmt Kenntnis von seinem Bericht vom 10. November 2006; (…)

3. erinnert die Teilnehmerstaaten daran, dass ihre Rechtsvorschriften und Praktiken stets im Ein- klang mit den OSZE-Verpflichtungen stehen sollten;

5. beauftragt den Ständigen Rat, sich unter Berücksichtigung der Empfehlungen des BDIMR und anderer einschlägiger OSZE-Institutionen mit den Durchführungsproblemen in den im Bericht 2 genannten Bereichen zu befassen, wobei unter Umständen besserer Gebrauch von der Unterstüt- zung durch das BDIMR gemacht werden sollte;

6. nimmt Kenntnis von den im Bericht vorgeschlagenen neuen Verpflichtungen und ersucht den Ständigen Rat, rechtzeitig bis zum Ministerratstreffen 2007 in Madrid eine Stellungnahme zu die- sen Vorschlägen abzugeben; (…)

8. spricht sich dafür aus, dass die wahlbezogenen Aktivitäten der OSZE weiter ausgebaut werden und bekräftigt in diesem Zusammenhang die Bestimmungen des Dokuments des Kopenhagener Treffens der KSZE zur menschlichen Dimension (1990) als Eckpfeiler der gemeinsamen OSZE-Verpflich- tungen der Teilnehmerstaaten zum Schutz und zur Förderung der Menschenrechte und Grund- freiheiten, einschließlich jener, die zur Herbeiführung demokratischer Wahlen erforderlich sind;

9. Stellt fest, dass einschlägige Bestimmungen in der Gipfelerklärung von Budapest (1994), der Gip- felerklärung von Lissabon (1996), der Gipfelerklärung von Istanbul (1999), der Europäischen Si- cherheitscharta (1999) und in späteren Beschlüssen der Ministerratstreffen von Porto (2002) und Maastricht (2003) diese Verpflichtungen ergänzt haben;

11. betont, dass die Teilnehmerstaaten selbst durch Entsendung von Beobachtern wirksam zur Ver- besserung der Integrität der Wahlprozesse beitragen können; (…)

95 2.3 Demokratische Institutionen

Astana 2010

2.3 Demokratische Institutionen

2.3.1 Allgemeine Bestimmungen

Kopenhagen 1990

(3) [Die Teilnehmerstaaten] bekräftigen, daß die Demokratie ein wesentlicher Bestandteil des Rechtsstaates ist. Sie erkennen die Bedeutung des Pluralismus für politische Organisationen an.

(4) Sie bestätigen, daß sie in Einklang mit internationalen Menschenrechtsstandards das Recht ei- nes jeden von ihnen achten werden, sein politisches, soziales, wirtschaftliches und kulturelles Sys- tem frei zu wählen und zu entwickeln. In Ausübung dieser Rechte werden sie gewährleisten, daß ihre Gesetze und Verordnungen, ihre Praxis und Politik mit ihren völkerrechtlichen Verpflich- tungen übereinstimmen und mit den Bestimmungen der Erklärung über die Prinzipien und mit anderen KSZE-Verpflichtungen in Einklang gebracht werden.

(6) Die Teilnehmerstaaten erklären, daß der durch regelmäßige und unverfälschte Wahlen frei und gerecht zum Ausdruck gebrachte Wille des Volkes die Grundlage für die Autorität und

96 2.3.1 Allgemeine Bestimmungen

Rechtmäßigkeit jeder Regierung bildet. Die Teilnehmerstaaten werden demnach das Recht ihrer Bürger achten, sich an der Führung ihres Landes entweder direkt oder durch in einem gerechten Wahlgang frei gewählte Vertreter zu beteiligen. Sie erkennen ihre Verantwortung an, in Überein- stimmung mit ihren Gesetzen, ihren internationalen Verpflichtungen bezüglich der Menschen- rechte und ihren anderen internationalen Verpflichtungen die durch den Willen des Volkes frei geschaffene demokratische Ordnung gegen Aktivitäten von Personen, Gruppen oder Organisati- onen zu verteidigen und zu schützen, die sich des Terrorismus oder der Gewalt zum Sturz dieser Ordnung oder der Ordnung eines anderen Teilnehmerstaates bedienen oder auf deren Anwen- dung nicht verzichten wollen.

(7) Um zu gewährleisten, daß der Wille des Volkes die Grundlage für die Autorität der Regierung bildet, werden die Teilnehmerstaaten (…) (7.2) – zulassen, daß alle Vertreter in zumindest einer der Kammern des nationalen Gesetzge- bungsorgans vom Volk frei gewählt werden; (…) (7.9) – sicherstellen, daß Kandidaten, die die gesetzlich erforderliche Anzahl von Stimmen erhal- ten haben, ihr Amt ordnungsgemäß antreten und dieses bis zum Ende ihrer Amtszeit innehaben können oder bis die Amtszeit anderweitig auf eine gesetzlich geregelte Weise in Übereinstimmung mit parlamentarisch-demokratischen und verfassungsmäßigen Verfahrensregeln beendet wird. 2 (…)

(26) Die Teilnehmerstaaten erkennen an, daß eine lebendige Demokratie von der Existenz demo- kratischer Werte und Praktiken sowie von einer umfassenden Vielfalt demokratischer Institutionen als integralem Bestandteil des gesellschaftlichen Lebens abhängt. Sie werden daher gemeinsame praktische Bemühungen und den Austausch von Informationen, Ideen und Fachwissen unterein- ander und durch direkte Kontakte und Zusammenarbeit zwischen Einzelpersonen, Gruppen und Organisationen in folgenden Bereichen ermutigen, erleichtern und, wo angemessen, unterstützen: • Verfassungsrecht, -reform und -entwicklung, • Wahlgesetzgebung, -durchführung und -beobachtung, • Aufbau und Verwaltung von Gerichten und Rechtssystemen, • Aufbau eines unparteiischen und tüchtigen öffentlichen Dienstes, in dem Einstellung und Be- förderung nach dem Leistungsprinzip erfolgen, • Gesetzesvollzug, • Kommunalverwaltung und Dezentralisierung, • Zugang zu Informationen und Schutz der Privatsphäre, • Aufbau politischer Parteien und deren Rolle in pluralistischen Gesellschaften, • freie und unabhängige Gewerkschaften, • Genossenschaftsbewegungen, • Aufbau anderer freier Vereinigungen und Interessenvertretungen, • Journalismus, unabhängige Medien, geistiges und kulturelles Leben, • Lehre demokratischer Werte, Institutionen und Praktiken in Bildungseinrichtungen und För- derung einer Atmosphäre, in der sich der Wissensdrang frei entfalten kann.

97 2.3.1 Allgemeine Bestimmungen

Solche Bemühungen können sich auf die gesamte Bandbreite der Zusammenarbeit im Rahmen der menschlichen Dimension der KSZE erstrecken, etwa auf Ausbildung, Austausch von Informatio- nen, Büchern und Lehr- und Lernmittel, gemeinschaftliche Programme und Projekte, akademische und berufliche Kontakte und Konferenzen, Stipendien, Forschungszuschüsse, Bereitstellung von Fachwissen und Beratung sowie geschäftliche und wissenschaftliche Kontakte und Programme.

(27) Die Teilnehmerstaaten werden ebenso die Einrichtung und Festigung unabhängiger nationa- ler Institutionen für Menschenrechte und Rechtsstaatlichkeit erleichtern, die auch als Foren der Koordination und der Zusammenarbeit zwischen derartigen Institutionen in den Teilnehmerstaa- ten dienen können. Sie schlagen vor, daß die Zusammenarbeit zwischen Parlamentariern aus den Teilnehmerstaaten, etwa über bestehende interparlamentarische Vereinigungen, und unter ande- rem über gemeinsame Kommissionen, Fernsehdiskussionen unter Teilnahme von Parlamentariern, Treffen und Diskussionen am Runden Tisch gefördert wird. Sie werden darüberhinaus bestehende Institutionen wie Organisationen der Vereinten Nationen oder den Europarat ermutigen, die von ihnen in diesem Bereich begonnene Arbeit fortzuführen und zu erweitern.

Moskau 1991

(18.1) Gesetze werden in einem offenen Verfahren erarbeitet und angenommen, in dem der Wille der Menschen entweder auf direkte Weise oder durch deren gewählte Vertreter zum Ausdruck gebracht wird.

Athen 2009 (Beschluss Nr. 7/09 über Mitwirkung von Frauen am politischen und öffentlichen Leben)

Der Ministerrat, (…)

in Anbetracht der Tatsache, dass Frauen im OSZE-Raum in der Legislative, Exekutive samt Polizei- behörden und in der Judikative auf der Entscheidungsebene nach wie vor unterrepräsentiert sind,

besorgt darüber, dass die weit verbreitete Diskriminierung von Frauen weiterhin deren wirksame Mitwirkung am politischen und öffentlichen Leben auf allen Ebenen unterminiert, (…)

fordert die Teilnehmerstaaten auf:

1. zu erwägen, für konkrete Maßnahmen zur Verwirklichung des Ziels einer ausgewogenen Ver- tretung beider Geschlechter in allen Körperschaften der Legislative, der Judikative und Exekutive einschließlich von Sicherheitsdiensten, wie dem Polizeidienst, zu sorgen;

2. mögliche gesetzgeberische Maßnahmen zu erwägen, die eine ausgewogenere Mitwirkung von Frauen und Männern am politischen und öffentlichen Leben und insbesondere in Entscheidungs- funktionen erleichtern;

3. alle politischen Akteure dazu zu ermutigen, die gleichberechtigte Mitwirkung von Frauen und Männern in politischen Parteien zu fördern, mit dem Ziel, in öffentlichen Wahlämtern auf allen Entscheidungsebenen eine ausgewogenere Geschlechterverteilung herbeizuführen; (…)

98 2.3.2 Dezentralisierte Regierungsform und besondere Strukturen und Gremien

5. wo notwendig offene und partizipative Verfahren zu entwickeln und einzuführen, um die Mit- wirkung von Frauen und Männern in allen Phasen der Gesetzgebung, Programmerstellung und Politikgestaltung zu verstärken; (…)

7. die notwendigen Schritte einzuleiten, um – wo angebracht – wirksame nationale Mechanismen zu schaffen, mit denen die gleichberechtigte Mitwirkung und Repräsentation von Frauen gemes- sen wird;

8. wo angebracht Nichtregierungs- und Forschungsgremien bei der Ausarbeitung von Schwer- punktstudien und Aufklärungsinitiativen zur Erhebung der konkreten Faktoren, die der Mitwir- kung von Frauen am politischen und öffentlichen Leben entgegenstehen, und bei der Förderung der Chancengleichheit von Frauen und Männern zu unterstützen;

9. dafür einzutreten, dass Frauen und Männer sich die Verantwortung für die Arbeit und als El- tern teilen, um die Chancengleichheit der Frauen im Hinblick auf tatsächliche Mitwirkung am politischen und öffentlichen Leben zu erleichtern.

2.3.2 Dezentralisierte Regierungsform und besondere Strukturen und Gremien

Genf 1991 (IV) 2 Im Bewußtsein der Vielfalt und der sich ändernden Verfassungsordnungen, die eine allgemein- gültige Methode nicht notwendigerweise anwendbar machen, nehmen die Teilnehmerstaaten mit Interesse zur Kenntnis, daß einige von ihnen auf entsprechend demokratischem Weg positive Er- gebnisse erzielt haben, unter anderem durch: • Beratungs- und Entscheidungsorgane, in den Minderheiten vertreten sind; • insbesondere in den Bereichen Bildung, Kultur und Religion; • gewählte Organe und Gremien für Angelegenheiten nationaler Minderheiten; • Lokal- und autonome Verwaltung sowie Territorialautonomie • einschließlich der Errichtung von beratenden, legislativen und exekutiven Organen, • die aus freien und regelmäßigen Wahlen hervorgegangen sind; • Selbstverwaltung einer nationalen Minderheit in Angelegenheiten ihrer Identität, • wo Territorialautonomie nicht anwendbar ist; • Arten dezentraler und lokaler Regierung und Verwaltung;

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(53) werden bestrebt sein, zur Stärkung der demokratischen Beteiligung und des Aufbaus demo- kratischer Institutionen und bei der Weiterentwicklung der Zusammenarbeit untereinander ihre jeweiligen Erfahrungen mit der Funktionsweise der Demokratie auf lokaler und regionaler Ebene untereinander auszutauschen und begrüßen vor diesem Hintergrund das diesbezügliche Infor- mations- und Ausbildungsnetz des Europarats;

99 2.3.3DemokratischezivileKontrolledermilitärischen,paramilitärischenundinnerenSicherheitskräftesowiederNachrichtendiensteundderPolizei

(54) werden Kontakte erleichtern und unterschiedliche Formen der Zusammenarbeit zwischen Gremien auf lokaler und regionaler Ebene ermutigen.

2.3.3 Demokratische zivile Kontrolle der militärischen, paramilitärischen und inneren Sicherheitskräfte sowie der Nachrichtendienste und der Polizei

Kopenhagen 1990

Moskau 1991

(25) Die Teilnehmerstaaten werden (25.1) – gewährleisten, daß ihre Streitkräfte und paramilitärischen Einheiten, ihre Organe der in- neren Sicherheit und Geheimdienste sowie die Polizei der wirksamen Leitung und Kontrolle durch die zuständigen zivilen Behörden unterstellt sind; (25.2) – die Kontrolle über den Einsatz von Streitkräften und paramilitärischen Einheiten sowie über die Aktivitäten der Organe der inneren Sicherheit, der Geheimdienste und der Polizei durch die Exekutive weiterhin ausüben und, wo notwendig, verstärken; (25.3) – geeignete Schritte unternehmen – wo immer dies noch nicht geschehen ist -, um wirk- same Vorkehrungen für eine Aufsicht der gesetzgebenden Organe über alle diese Kräfte, Dienste und Aktivitäten zu schaffen und diese aufrechtzuerhalten.

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

20. Die Teilnehmerstaaten betrachten die demokratische politische Kontrolle der militärischen und paramilitärischen Kräfte und der inneren Sicherheitskräfte sowie der Nachrichtendienste und der Polizei als unerläßlichen Bestandteil der Stabilität und der Sicherheit. Sie werden als wichtigen Ausdruck der Demokratie die Integration ihrer Streitkräfte in die bürgerliche Gesellschaft fördern.

21. Jeder Teilnehmerstaat wird stets dafür sorgen, daß seine militärischen und paramilitärischen Kräfte sowie seine Sicherheitskräfte der wirksamen Führung und Kontrolle durch die verfassungs- mäßigen und demokratisch legitimierten Behörden unterliegen und daß diese Behörden ihre Kon- trollfunktion ausüben. Jeder Teilnehmerstaat wird kontrollieren, ob gewährleistet ist, daß diese Behörden ihren verfassungsmäßigen und gesetzlichen Pflichten nachkommen. Sie werden die Rolle und die Aufgaben dieser Kräfte und deren Verpflichtung, ausschließlich im Rahmen der Verfas- sung zu handeln, eindeutig festlegen.

22. Jeder Teilnehmerstaat wird dafür sorgen, daß die Verteidigungsausgaben von seinem Gesetz- gebungsorgan genehmigt werden. Jeder Teilnehmerstaat wird sich unter gebührender Beachtung der nationalen Sicherheitserfordernisse bei seinen Militärausgaben Zurückhaltung auferlegen und

100 2.3.4 Unabhängige Menschenrechtsinstitutionen auf nationaler Ebene

dafür sorgen, daß Transparenz herrscht und Informationen in bezug auf die Streitkräfte öffent- lich zugänglich sind.

23. Jeder Teilnehmerstaat wird dafür sorgen, daß jeder einzelne Angehörige der Streitkräfte seine bürgerlichen Rechte ausüben kann, und gleichzeitig gewährleisten, daß seine Streitkräfte selbst politisch neutral sind.

24. Jeder Teilnehmerstaat wird Maßnahmen zum Schutz vor einem versehentlichen oder nicht ge- nehmigten Einsatz militärischer Mittel vorsehen und beibehalten.

25. Die Teilnehmerstaaten werden keine Kräfte dulden oder unterstützen, die ihren verfassungs- mäßigen Behörden nicht rechenschaftspflichtig sind oder von diesen nicht kontrolliert werden. Ist ein Teilnehmerstaat nicht in der Lage, seine Amtsgewalt über solche Kräfte auszuüben, kann er um Konsultationen im Rahmen der KSZE ersuchen, um geeignete Schritte in Erwägung zu ziehen. (…)

36. Jeder Teilnehmerstaat wird gewährleisten, daß jeder Beschluß, seine Streitkräfte mit Aufgaben der inneren Sicherheit zu betrauen, im Einklang mit den verfassungsrechtlichen Verfahren gefaßt wird. In diesen Beschlüssen werden den Streitkräften ihre Aufgaben vorgeschrieben, wobei zu ge- währleisten ist, daß diese unter der wirksamen Kontrolle durch verfassungsmäßige Behörden so- wie unter Einhaltung der Rechtsstaatlichkeit erfüllt werden. 2 2.3.4 Unabhängige Menschenrechtsinstitutionen auf nationaler Ebene

Kopenhagen 1990

(27) Die Teilnehmerstaaten werden (…) die Einrichtung und Festigung unabhängiger nationaler Institutionen für Menschenrechte und Rechtsstaatlichkeit erleichtern, die auch als Foren der Ko- ordination und der Zusammenarbeit zwischen derartigen Institutionen in den Teilnehmerstaa- ten dienen können. Sie schlagen vor, daß die Zusammenarbeit zwischen Parlamentariern aus den Teilnehmerstaaten, etwa über bestehende interparlamentarische Vereinigungen, und unter ande- rem über gemeinsame Kommissionen, Fernsehdiskussionen unter Teilnahme von Parlamentariern, Treffen und Diskussionen am Runden Tisch gefördert wird. Sie werden darüberhinaus bestehende Institutionen wie Organisationen der Vereinten Nationen oder den Europarat ermutigen, die von ihnen in diesem Bereich begonnene Arbeit fortzuführen und zu erweitern.

Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

10. Ermutigt zur Schaffung innerstaatlicher Institutionen oder Fachgremien durch die Teilneh- merstaaten, die dies noch nicht getan haben, um gegen Intoleranz und Diskriminierung vorzu- gehen, sowie zur Entwicklung und Umsetzung nationaler Strategien und Aktionspläne in diesem Bereich auf der Grundlage bestehender Verpflichtungen und unter Nutzung des Know-hows und der Unterstützung der einschlägigen OSZE-Institutionen und gegebenenfalls einschlägiger inter- nationaler Organisationen; (…)

101 2.3.5 Nichtstaatliche Organisationen

2.3.5 Nichtstaatliche Organisationen

Siehe auch: I. 2.3.3: Einzelpersonen, Menschenrechtsverteidiger*innen und Nichtregierungsorganisationen

Moskau 1991

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

102 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Astana 2010

2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

33. Wir bekräftigen unser Bekenntnis zur Rechtsstaatlichkeit. Wir sind uns der Tatsache bewusst, dass die Korruption eine große Bedrohung für die gemeinsamen Werte der OSZE darstellt. Sie schafft Instabilität und betrifft viele Aspekte der Sicherheitsdimension sowie der wirtschaftlichen und der menschlichen Dimension. Die Teilnehmerstaaten verpflichten sich, ihre Bemühungen im Kampf gegen die Korruption und die Verhältnisse, die sie begünstigen, zu verstärken und sich für einen positiven Rahmen für verantwortungsvolle Staatsführung und Integrität im staatlichen Be- reich einzusetzen. Sie werden von vorhandenen internationalen Rechtsdokumenten besser Ge- brauch machen und einander in ihrem Kampf gegen die Korruption unterstützen. Als Teil ihrer Arbeit zur Förderung der Rechtsstaatlichkeit wird die OSZE mit NGOs zusammenarbeiten, die einem von der Öffentlichkeit und der Wirtschaft getragenen Wunsch nach der Bekämpfung kor- rupter Praktiken verpflichtet sind. 2

Maastricht 2003 (OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension)

Transparenz fördern und Korruption bekämpfen

2.2.4 Transparenz in öffentlichen Angelegenheiten ist eine wesentliche Voraussetzung für die Re- chenschaftspflicht der Staaten und für die aktive Teilnahme der Zivilgesellschaft am Wirtschafts- geschehen. Transparenz erhöht die Berechenbarkeit und das Vertrauen in eine Wirtschaft, die auf der Grundlage entsprechender Gesetze und unter vorbehaltloser Achtung der Rechtsstaatlichkeit funktioniert. Einer freien und pluralistischen Medienlandschaft, in der ein Höchstmaß an redak- tioneller Unabhängigkeit von politischem und finanziellem Druck herrscht, kommt bei der Siche- rung dieser Transparenz eine wichtige Rolle zu. 2.2.5 Wir werden unsere Regierungsarbeit transparenter gestalten, indem wir Prozesse und Insti- tutionen zur raschen Weitergabe von Informationen, einschließlich verlässlicher Statistiken, über Fragen von öffentlichem Interesse im Wirtschafts- und Umweltbereich an die Medien, die Ge- schäftswelt, die Zivilgesellschaft und die Bürger weiter ausbauen, um einen fundierten und leb- haften Dialog zu ermöglichen. Dies ist wichtig für eine Entscheidungsfindung, die auf geänderte Bedingungen reagiert und auf die Bedürfnisse und Wünsche der Bevölkerung eingeht. 2.2.6. Transparenz ist auch wichtig für die Aufdeckung und strafrechtliche Verfolgung aller Formen von Korruption, die unsere Volkswirtschaften und Gesellschaften untergräbt. Neben Transparenz erfordert der Kampf gegen Korruption eine umfassende und langfristige Antikorruptionsstrate- gie von Seiten der Teilnehmerstaaten. 2.2.7 Wir sind uns darin einig, dass die Beseitigung aller Formen von Korruption eine unserer Hauptaufgaben sein muss. Wir werden den Beitritt zu internationalen Übereinkommen und an- deren Rechtsdokumenten im Bereich der Korruptionsbekämpfung in Erwägung ziehen, insbeson- dere jenen, die vom Europarat und von der Organisation für wirtschaftliche Zusammenarbeit und Entwicklung (OECD) ausgearbeitet wurden, zu ihrer Ratifizierung ermutigen und ihre vollständige

103 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Umsetzung befürworten. Wir begrüßen die Verabschiedung des VN-Übereinkommens gegen Kor- ruption und erwarten, dass dieses rasch unterzeichnet und ratifiziert wird und bald in Kraft tritt.

Die Verwaltung öffentlicher Ressourcen verbessern

2.2.8 Eine weitere Komponente der guten Regierungsführung ist die effiziente Verwaltung öffent- licher Ressourcen durch starke und gut funktionierende Institutionen, einen professionellen und effizienten öffentlichen Dienst und ein solides Haushaltsgebaren. Die ordnungsgemäße Verwal- tung öffentlicher Ressourcen, einschließlich der Einhebung der Einnahmen, der Aufstellung und Umsetzung des Haushaltsplans und des öffentlichen Beschaffungswesens, ist von besonderer Be- deutung für die Bereitstellung bestmöglicher öffentlicher und sozialer Dienstleistungen. Wir wer- den bestrebt sein, unsere öffentlichen Verwaltungssysteme auf eine solide finanzielle Grundlage zu stellen und deren Effizienz und rationelle Nutzung auf allen Ebenen weiter voranzutreiben.

Sofia 2004 (Beschluss Nr. 11/04 über die Bekämpfung von Hassverbrechen)

Der Ministerrat, (…)

in Anerkennung der Tatsache, dass das von der Generalversammlung der Vereinten Nationen am 31. Oktober 2003 in New York verabschiedete Übereinkommen der Vereinten Nationen gegen Kor- ruption ein wichtiger Schritt in der internationalen Zusammenarbeit zur Bekämpfung der Kor- ruption ist und die Möglichkeit bietet, weltweit gegen dieses Problem vorzugehen,

Legt den OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, nahe, das Übereinkommen der Vereinten Nationen gegen Korruption so rasch wie möglich zu unterzeichnen und zu ratifizie- ren, um dessen baldiges Inkrafttreten und vollständige Umsetzung zu gewährleisten (…)

Dublin 2012 (Erklärung über die Stärkung von guter Regierungsführung und die Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung) (…)

Wir erklären erneut, dass gute Regierungsführung auf allen Ebenen eine grundlegende Voraus- setzung für Wirtschaftswachstum, politische Stabilität und Sicherheit ist. Verantwortungsvolle Führung im öffentlichen und wirtschaftlichen Bereich, Rechtsstaatlichkeit und starke Instituti- onen sind wesentliche Grundlagen für eine gesunde Wirtschaft, durch die unsere Staaten in die Lage versetzt werden können, Armut und Ungleichheit zu reduzieren, die gesellschaftliche Inte- gration zu verstärken, Chancengleichheit für alle zu verwirklichen, Investitionsanreize zu setzen und die Umwelt zu schützen.

Wir bekräftigen, dass Frieden, gute internationale Beziehungen, die Sicherheit und Stabilität des Staates und die Sicherheit des Einzelnen innerhalb des Staates auf der Grundlage der Rechtsstaat- lichkeit und der Achtung der Menschenrechte entscheidende Voraussetzungen für die Schaffung einer Atmosphäre des Vertrauens sind, die für eine positive wirtschaftliche und soziale Entwick- lung unverzichtbar ist.

Transparenz in öffentlichen Angelegenheiten ist eine wesentliche Voraussetzung für die Rechen- schaftspflicht der Staaten und für die aktive Teilnahme der Zivilgesellschaft und des privaten Sek- tors am Wirtschafts- und Entwicklungsgeschehen. Transparenz erhöht die Berechenbarkeit der Institutionen und der Wirtschaft, die auf der Grundlage entsprechender Gesetze und unter vorbe- haltloser Achtung der Rechtsstaatlichkeit funktionieren, und stärkt das Vertrauen in sie.

104 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Wir sind uns darin einig, dass Probleme der Regierungsführung, darunter Korruption und Geld- wäsche, die Teilnehmerstaaten in ihrer Fähigkeit schwächen, eine nachhaltige Entwicklung im wirtschaftlichen, sozialen und Umweltbereich wirksam zu gewährleisten, und den sozialen Zu- sammenhalt, die Stabilität und die Sicherheit gefährden. (…) erneuern wir unser nachdrückliches Bekenntnis zur Bekämpfung von Korruption, Geldwäsche, Terrorismusfinanzierung und damit zusammenhängenden Straftaten und erklären sie zu Prioritäten unserer Politik, gestützt auf geeig- nete Rechtsinstrumente, angemessene finanzielle, personelle und institutionelle Ressourcen und, wo erforderlich, geeignete Instrumente für ihre praktische und wirksame Umsetzung.

(…) Wir halten fest, dass die politischen OSZE-Verpflichtungen in Bezug auf gute Regierungs- führung und Transparenz für alle drei Dimensionen Geltung haben, und wir bekennen uns er- neut voll und ganz zur Umsetzung dieser Verpflichtungen durch einen umfassenden Ansatz, wie in diesem und anderen maßgeblichen OSZE-Dokumenten festgelegt.

Gute Regierungsführung und Transparenz

Wir betrachten einen öffentlichen Sektor, der auf Integrität, Offenheit, Transparenz, Rechenschafts- pflicht und Rechtsstaatlichkeit gründet, als einen wesentlichen Faktor für nachhaltiges Wirtschafts- wachstum und sind der Auffassung, dass ein solcher öffentlicher Sektor einen wesentlichen Anteil daran hat, das Vertrauen der Bürger in die öffentlichen Einrichtungen und die Regierung zu stär- ken. Wir unterstreichen deshalb die Wichtigkeit, Amtsträgern Bildungs- und Schulungsmöglich- keiten zu ethischem Verhalten anzubieten, einschlägige Verhaltenskodizes und Rechtsvorschriften 2 zur Regelung von Interessenkonflikten zu erstellen und durchzusetzen und umfassende Mecha- nismen zur Offenlegung von Einkünften und Vermögen maßgeblicher Amtsträger zu entwickeln und umzusetzen. Wir sind insbesondere der Meinung, dass sowohl die Ausarbeitung als auch die Einhaltung von Verhaltenskodizes für öffentliche Institutionen von entscheidender Bedeutung für die Stärkung von guter Regierungsführung, der Integrität des öffentlichen Sektors und der Rechts- staatlichkeit sowie für die Vorgabe strenger Ethik- und Verhaltensnormen für Amtsträger sind. (…)

Wir sind uns darüber im Klaren, dass ohne die vollständige und gleichberechtigte Mitwirkung von Frauen und Männern an politischen und wirtschaftlichen Prozessen und Institutionen, wie sie in mehreren OSZE-Dokumenten gefordert wird, gute Regierungsführung nicht verwirklicht und Korruption nicht erfolgreich bekämpft werden kann. Wir unterstreichen die Wichtigkeit, Frauen in die Lage zu versetzen, aktiv an der Gestaltung der Politik und Aktivitäten bezüglich guter Regie- rungsführung mitzuwirken und beizutragen, wovon Männer wie Frauen gleichermaßen profitieren. (…)

II. Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung (…)

Wir sind uns der Tatsache bewusst, dass die Bekämpfung von Korruption langfristige und um- fassende strategische Ansätze und starke Institutionen verlangt. Wir sind davon überzeugt, dass auf die für die Verhütung, Aufdeckung, Untersuchung, strafrechtliche Verfolgung und richter- liche Beurteilung von Korruptionsdelikten zuständigen Organe kein unangemessener Einfluss ausgeübt werden darf. Hier verweisen wir insbesondere auf die zentrale Rolle der Strafverfol- gungs- und Rechtsprechungsorgane im Kampf gegen Korruption und für die Gewährleistung der Rechtsstaatlichkeit. Wir halten es für außerordentlich wichtig, dass die Unabhängigkeit der Justiz sichergestellt wird, damit diese ihre Funktion erfüllen kann, und dass in dieser Hinsicht verstärkte

105 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Anstrengungen unternommen werden. Ferner unterstreichen wir die Bedeutung angemessener Ressourcen für diese Institutionen und die Notwendigkeit, sie zu gewährleisten. (…)

III. Die Zivilgesellschaft und der Privatsektor

Wir ermutigen die OSZE, ihr umfassendes Sicherheitskonzept weiterzuverfolgen und sich auch künftig der Verstärkung des Dialogs und der Zusammenarbeit zwischen den Regierungen, der Zi- vilgesellschaft und dem privaten Sektor zu widmen und damit die Bemühungen um gute Regie- rungsführung einschließlich der Bekämpfung von Geldwäsche und Terrorismusfinanzierung in den Teilnehmerstaaten zu unterstützen. (…)

Wir legen den Wirtschaftstreibenden nahe, in ihrer Geschäftstätigkeit die sozialen, umweltbezoge- nen, humanitären und sicherheitsrelevanten Bedürfnisse der Teilnehmerstaaten zu berücksichtigen. (…)

IV. Fortschritt durch Zusammenarbeit

Wir sehen in der OSZE ein Forum für politischen Dialog, Informationsaustausch und Zusammen- arbeit im Bereich guter Regierungsführung sowie eine Plattform zur Herbeiführung des nötigen politischen Konsenses und Verständnisses für die Bedeutung der Verhütung und Unterbindung von Korruption, Geldwäsche und Terrorismusfinanzierung auf allen Ebenen im Interesse einer nachhaltigen sozioökonomischen Entwicklung und der Stabilität. Wir bekennen uns erneut zur Zusammenarbeit bei der Entwicklung von Strategien für gute Regierungsführung und zum Aus- tausch von Erfahrungen über bewährte Methoden. (…)

Basel 2014 (Beschluss Nr. 5/14 Verhütung von Korruption) (…)

in der Erkenntnis, dass Korruption auf allen Ebenen eine potenzielle Quelle politischer Spannun- gen ist, die die Stabilität und Sicherheit von Teilnehmerstaaten zersetzen, die gemeinsamen Werte der OSZE gefährden und verbrecherische Aktivitäten erleichtern, (…)

erfreut darüber, dass beinahe alle Teilnehmerstaaten das Übereinkommen der Vereinten Natio- nen gegen Korruption (UNCAC) ratifiziert haben oder ihm beigetreten sind und auf die Erfüllung ihrer Verpflichtungen aus dem Übereinkommen hinarbeiten,

unter Hervorhebung der Bedeutung der Zusammenarbeit mit anderen zuständigen internationa- len Organisation bei der Verhütung und Bekämpfung von Korruption,

legt den Teilnehmerstaaten nahe: • Rechtsvorschriften und Strategien zur Verhütung von Korruption weiterzuentwickeln und um- zusetzen und praktische Maßnahmen und Instrumente zu schaffen und zu fördern, die gegen

106 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

alle Arten von Korruption auf allen Ebenen gerichtet sind – sowohl im privaten als auch im öf- fentlichen Sektor und auch in Bezug auf andere Akteure; • Maßnahmen zu ergreifen, um die Transparenz, Rechenschaftspflicht und Rechtsstaatlichkeit in der öffentlichen Verwaltung im Einklang mit den wesentlichen Grundsätzen ihrer Rechtsord- nungen zu verstärken, etwa durch die Einführung wirksamer Maßnahmen zur Erleichterung des Zugangs der Öffentlichkeit zu Informationen sowie durch die Förderung funktionierender öffentlicher Dienstleistungen; (…) • eine Kultur der Integrität, Transparenz und Rechenschaftspflicht in allen Sektoren der Gesell- schaft zu fördern, um zur Verhütung von Korruption beizutragen; • Die wichtige Rolle anzuerkennen, die Informanten („Whistleblowers“) bei der Aufdeckung und Verhütung von Korruption und im Dienste des öffentlichen Interesses spielen, und konkrete na- tionale Bemühungen zu verstärken, um Whistleblowers ausreichend Schutz zu bieten; • Zur Stärkung von Maßnahmen zur Aufklärung über Korruption quer durch alle Sektoren der Gesellschaft durch die Bereitstellung von Aus- und Fortbildungsprogrammen für die Korrup- tionsverhütung und Integrität unter besonderer Berücksichtigung der Jugend beizutragen und die Rolle anzuerkennen, die eine gut informierte Zivilgesellschaft und unabhängige, freie und pluralistische Medien diesbezüglich spielen; • in Übereinstimmung mit den wesentlichen Grundsätzen ihrer Rechtsordnung die erforderli- chen Maßnahmen zu treffen, um geeignete Vergabesysteme einzurichten, die auf Transparenz, 2 Wettbewerb und objektiven Entscheidungskriterien beruhen und wirksam bei der Verhütung von Korruption sind, oder deren Wirkung zu stärken; • Maßnahmen zu unterstützen, um die Integrität der Richterschaft zu stärken und Gelegenheiten zur Korruption unter Richtern und Staatsanwaltschaften auszuschließen; (…) • die zur Verfügung stehenden Instrumente, Leitlinien und Projekte der OSZE zur Bekämpfung und Verhütung von Korruption zu nutzen; • (…); beauftragt die Durchführungsorgane der OSZE (…), im Rahmen der ihnen zur Verfügung stehenden Ressourcen und Mandate die für die Bekämpfung und Verhütung von Korruption bereits vorhandenen Instrumente und Leitlinien der OSZE zu fördern;

Hamburg 2016 (Beschluss Nr. 4/16 über Stärkung von guter Regierungsführung und Förderung der Konnektivität)

Der Ministerrat, (…)

in der Erkenntnis, dass gute Regierungsführung, Transparenz und Rechenschaftspflicht grundle- gende Voraussetzungen für Wirtschaftswachstum, Handel, Investitionen und nachhaltige Entwick- lung sind und somit zur Stabilität, Sicherheit und Achtung der Menschenrechte im OSZE-Raum beitragen,

in Anerkennung der Tatsache, dass Korruption und das Fehlen einer guten Regierungsführung politische Spannungen verursachen können, die die Stabilität und Sicherheit der Teilnehmerstaa- ten gefährden,

In der Erkenntnis, dass gute Regierungsführung, Rechtsstaatlichkeit, die Verhütung und Be- kämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung, solide regulatorische

107 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Rahmenbedingungen einschließlich eines angemessenen Schutzes für Whistleblower, ein öffent- licher Sektor, der sich auf Integrität, Offenheit, Transparenz und Rechenschaftspflicht stützt, sowie Grundsätze guter Unternehmensführung, gestützt auf effizientes Management, ordnungsgemäße Rechnungsprüfung, Rechenschaftspflicht und Einhaltung und Achtung der Gesetze, Regeln und Verordnungen, Unternehmensethik und Verhaltenskodizes, die in enger Absprache mit der Wirt- schaft und der Zivilgesellschaft ausgearbeitet werden, Komponenten von kritischer Bedeutung für die Förderung eines positiven Geschäfts- und Investitionsklimas im OSZE-Raum sind,

erfreut über die Tatsache, dass nahezu alle Teilnehmerstaaten das Übereinkommen der Vereinten Nationen gegen Korruption (UNCAC) ratifiziert haben oder ihm beigetreten sind und daran ar- beiten, die Verpflichtungen aus dem Übereinkommen zu erfüllen, (…)

mit der Feststellung, dass die transparente Verwaltung öffentlicher Gelder durch starke und gut funktionierende Institutionen, ein professioneller und effektiver öffentlicher Dienst sowie kor- rekte Haushalts- und öffentliche Beschaffungsprozesse zu den wichtigsten Bestandteilen von gu- ter Regierungsführung zählen,

In Anerkennung der Wichtigkeit, dass der Privatsektor, einschließlich kleiner und mittlerer Unter- nehmen, die Zivilgesellschaft und die Medien aktiv an der Verhütung und Bekämpfung der Kor- ruption und der Förderung eines positiven Geschäfts- und Investitionsklimas mitwirken, (…)

unter Hinweis auf die Agenda 2030 für nachhaltige Entwicklung und die darin enthaltenen Ziele und Vorgaben für nachhaltige Entwicklung sowie auf das im Dezember 2015 verabschiedete Pari- ser Übereinkommen, einschließlich der Rolle, die gute Regierungs-führung, neben anderen Fak- toren, in ihrer Umsetzung spielt,

in Anerkennung der Wichtigkeit, dass der öffentliche und der private Sektor sich streng an die Ar- beits-, Sozial- und Umweltstandards halten, und ihres Beitrags zu guter Regierungsführung und nachhaltiger Entwicklung, (…)

in Bekräftigung der vorhandenen OSZE-Verpflichtungen im Bereich der guten Regierungsführung, unsere Entschlossenheit betonend, den Menschenhandel in allen seinen Formen zu bekämpfen, und in Anerkennung der Rolle, die Transparenz und Rechenschaftspflicht im öffentlichen Beschaf- fungswesen bei der Verhütung und Bekämpfung des Menschenhandels und der Ausbeutung der menschlichen Arbeitskraft spielen können,

Stärkung von guter Regierungsführung, Förderung von Transparenz und Verbesserung des Ge- schäftsklimas

1. ermutigt die Teilnehmerstaaten, dem Übereinkommen der Vereinten Nationen gegen Korrup- tion (UNCAC) beizutreten, es zu ratifizieren und umzusetzen und, wie im UNCAC vorgesehen, im zweiten Überprüfungszyklusprozess zum UNCAC Informationen und nachahmenswerte Prak- tiken auszutauschen;

2. ermutigt die Teilnehmerstaaten, gegebenenfalls andere einschlägige internationale Normen anzuwenden und einzuhalten, wie jene aus der OECD-Konvention gegen die Bestechung auslän- discher Amtsträger im internationalen Geschäftsverkehr und den Internationalen Standards für

108 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

die Bekämpfung der Geldwäsche und der Finanzierung von Terrorismus und Proliferation der Arbeitsgruppe „Finanzielle Maßnahmen“ (FATF), und dazu beizutragen, dass alle maßgeblichen Akteure, einschließlich der Zivilgesellschaft und der Wirtschaft, sich, wie in diesen internationa- len Instrumenten vorgesehen, verstärkt für deren Umsetzung engagieren;

3. ermutigt die Teilnehmerstaaten, den Austausch von nachahmenswerten Praktiken unter allen maßgeblichen Akteuren zu fördern, die zu guter Regierungs- und Unternehmensführung, zur Förderung von Transparenz und zur Korruptionsprävention und -bekämpfung, auch im Um- weltbereich, beitragen;

4. fordert die Teilnehmerstaaten auf, sich weiter für Integrität, Rechenschaftspflicht und Kostenef- fizienz im öffentlichen Beschaffungswesen einzusetzen, auch indem sie sicherstellen, dass private Interessen nicht ungebührlich Entscheidungen auf maßgeblichen Regierungsebenen beeinflus- sen, und für angemessene Transparenzvorschriften für an öffentlichen Ausschreibungen teilneh- mende Firmen zu sorgen;

5. fordert die Teilnehmerstaaten auf, den Zugang zu entsprechenden Regierungsinformationen zu erleichtern und zu diesem Zweck die Rechenschaftspflicht des öffentlichen Sektors zu verschärfen und zur Beteiligung der Öffentlichkeit durch „e-governance“ anzuregen;

6. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und verfügbaren Ressourcen zur Verstärkung der Zusammenar- 2 beit zwischen den Teilnehmerstaaten, dem Privatsektor und der Zivilgesellschaft beizutragen und den Privatsektor und die Zivilgesellschaft aktiv in ihre Aktivitäten zur Stärkung von guter Regie- rungsführung, zur Förderung von Transparenz und zur Verbesserung des Unternehmens- und Investitionsklimas einzubeziehen; (…)

18. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperationen, im Rahmen ihrer Mandate und verfügbaren Ressourcen die Teilnehmerstaaten beim Austausch nachahmenswerter Praktiken zur Hebung des Bewusstseins für die Bedeutung der international anerkannten Arbeits-, Sozial- und Umweltstandards sowie zur Stärkung von guter Regierungs- führung und zur Förderung von Transparenz im öffentlichen Beschaffungswesen zu unterstützen;

Stärkung öffentlich-privater Partnerschaften im Kampf gegen Korruption, Geldwäsche und Ter- rorismusfinanzierung

19. ermutigt die Teilnehmerstaaten, die Zusammenarbeit zwischen Strafverfolgungsbehörden, Jus- tiz und zentralen Meldestellen für Geldwäsche und anderen maßgeblichen Akteuren sowie zwi- schen der Öffentlichkeit und dem Privatsektor und der Zivilgesellschaft, einschließlich der Medien, bei der Bekämpfung von Korruption, Geldwäsche und anderen Straftaten aus dem Bereich der Fi- nanzkriminalität zu erleichtern;

20. beauftragt die maßgeblichen OSZE-Durchführungsorgane, einschließlich der Feldoperationen, im Rahmen ihrer Mandate und verfügbaren Ressourcen den Dialog und die Zusammenarbeit zwi- schen Regierungen, dem Privatsektor und der Zivilgesellschaft zu erleichtern, um Bemühungen um gute Regierungsführung, einschließlich der Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung, zu unterstützen und um sich mit Hindernissen für Wirtschaftswachs- tum und nachhaltige Entwicklung zu befassen; (...)

109 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

Tirana 2020 (Decision 6/20 über Verhütung und Bekämpfung der Korruption durch Digitalisierung und erhöhte Transparenz)

Der Ministerrat,

Unter Hinweis auf die Bedeutung der Förderung guter Regierungsführung, unter anderem durch erhöhte Transparenz, und der Verhütung und Bekämpfung der Korruption für die Stärkung von Sicherheit, Stabilität und Wirtschaftswachstum (…),

(…), und in Anerkennung der Chancen der digitalen Transformation für die Verhütung und Be- kämpfung der Korruption und für die Befassung mit neuen Herausforderungen auf diesem Gebiet, (…)

in der Erkenntnis, dass es einer Verstärkung der Bemühungen um die wirksame Verhütung und Bekämpfung der Korruption, unter anderem durch Digitalisierung, unter Wahrung der Rechts- staatlichkeit und bei gleichzeitigem Schutz der Menschenrechte bedarf,

in Anerkennung der Rolle der OSZE bei der Unterstützung der Bemühungen der Teilnehmerstaa- ten um die Verhütung und Bekämpfung der Korruption,

in der Erkenntnis, dass ein öffentlicher Sektor, der auf Integrität, Offenheit, Transparenz, Rechen- schaftspflicht, Reaktionsfähigkeit und Rechtsstaatlichkeit aufbaut, für die Verhütung und Bekämp- fung der Korruption sowie für die Erzielung eines nachhaltigen Wirtschaftswachstums und einer nachhaltigen Entwicklung, die Verbesserung des Geschäfts- und Investitionsklimas und die Erleich- terung der Bemühungen der Teilnehmerstaaten um die Förderung der gesellschaftlichen Integration und der Chancengleichheit, auch für Frauen und Jugendliche, von entscheidender Bedeutung ist,

in Anerkennung der Bedeutung der Mitwirkung des Privatsektors, der Zivilgesellschaft und der Medien sowie der Wissenschaft an den Bemühungen um die Verhütung und Bekämpfung der Korruption und die Stärkung von guter Regierungsführung einschließlich der Verwirklichung der Prinzipien der Transparenz und der Rechenschaftspflicht,

in der Erkenntnis, dass zugängliche, sichere und zuverlässige benutzerorientierte E-Government- Dienste bei der Erhöhung der Effizienz und Transparenz der öffentlichen Verwaltung und der För- derung des Vertrauens in diese eine Schlüsselrolle spielen können,

in Anerkennung der Bedeutung offener staatlicher Daten als Instrument, das bei der Verhütung und Bekämpfung der Korruption durch Erhöhung der Rechenschaftspflicht und Transparenz helfen kann, indem den Bürgern im Einklang mit dem innerstaatlichen Recht ein besserer Ein- blick in die Verwendung öffentlicher Mittel und in den Politikgestaltungsprozess ermöglicht wird,

in Anerkennung der Bedeutung der Entwicklung und Nutzung von Methoden und objektiven Kennzahlen sowie aufgeschlüsselten Daten zur Messung der Korruption und der konkreten Wir- kung von Korruptionsbekämpfungsmaßnahmen im Einklang mit dem innerstaatlichen Recht und zur Einführung besserer evidenzbasierter Korruptionsbekämpfungsstrategien, (…)

1. fordert die Teilnehmerstaaten auf, die Korruption durch folgende Maßnahmen zu verhüten und zu bekämpfen:

110 2.3.6 Förderung der Transparenz, Bekämpfung der Korruption und Verbesserung der Verwaltung öffentlicher Ressourcen

(a) Stärkung der guten Regierungsführung, einschließlich der Prinzipien der Transparenz und der Rechenschaftspflicht, und Förderung von Integrität und Aufsicht; (b) Einsatz digitaler Instrumente zur Stärkung der Integrität und Rechenschaftspflicht öffentlicher Dienstleister mit dem Ziel, zur Verhütung und Bekämpfung der Korruption beizutragen sowie ein nachhaltiges Wirtschaftswachstum und eine nachhaltige Entwicklung zu erzielen, das Geschäfts- und Investitionsklima zu verbessern und die Bemühungen der Teilnehmerstaaten zu erleichtern, zur gesellschaftlichen Inklusion und zur gleichberechtigten wirtschaftlichen Teilhabe von Frauen sowie von Jugendlichen beizutragen; (c) Stärkung der Transparenz in der öffentlichen Verwaltung durch Digitalisierung papiergestütz- ter und anderer analoger Systeme, insbesondere im öffentlichen Beschaffungswesen sowie gege- benenfalls in bestehenden Systemen zur Erklärung von Einkünften und Vermögenswerten von Amtsträgern und politisch exponierten Personen, soweit nach innerstaatlichem Recht zulässig, mit der gebotenen Achtung vor klassifizierten und personenbezogenen Daten; (d) Förderung der Nutzung digitaler Instrumente zur Früherkennung und Verhütung von Kor- ruption durch Stärkung sicherer elektronischer Identifizierungsverfahren auf nationaler und in- ternationaler Ebene im Einklang mit dem geltenden innerstaatlichen Recht; (e) gegebenenfalls Einführung digitaler Instrumente zum Abbau administrativer Hemmnisse und Belastungen und Erleichterung der Interaktion zwischen Bürgern, Betrieben, Unternehmen und der öffentlichen Verwaltung; (f) Förderung transparenterer, stärker rechenschaftspflichtiger, zuverlässigerer und besser zugäng- 2 licher E-Government-Portale mit dem Ziel, den freien Zugang zu Informationen und die wirk- same Bereitstellung öffentlicher Dienstleistungen zu erleichtern; (g) Förderung und Nutzung digitaler Technologien zur Verstärkung und Ausweitung der Schu- lungsaktivitäten auf dem Gebiet der Korruptionsbekämpfung, gegebenenfalls in Zusammenarbeit mit einschlägigen internationalen Organisationen; (h) Ermutigung zur Schaffung und Verbesserung von Mechanismen, die auf die Sicherstellung der Transparenz von Informationen zum wirtschaftlichen Eigentum im Einklang mit dem inner- staatlichen Recht abzielen; (i) Unterstützung der Aufklärung der Jugend über die Bedeutung guter Regierungsführung, ein- schließlich Transparenz, und der Verhütung und Bekämpfung der Korruption im Rahmen der innerstaatlichen Bildungssysteme sowie Förderung digitaler Fertigkeiten und Stärkung bewusst- seinsbildender Maßnahmen einschließlich der Förderung gemeinsamer Maßnahmen und der Zu- sammenarbeit des öffentlichen und des privaten Sektors sowie der Zivilgesellschaft; (j) Reduzierung der bestehenden digitalen Kluft durch Förderung und Unterstützung der digita- len Kompetenz und Verbesserung der Zugänglichkeit der Online-Ressourcen und -Anwendun- gen der öffentlichen Verwaltung; (k) Ergreifung von Maßnahmen, die dazu geeignet sind, im Einklang mit dem innerstaatlichen Recht die Verfügbarkeit leicht zugänglicher und sicherer Berichtswege für Whistleblower sicherzu- stellen, rechtliche Mechanismen für den wirksamen Schutz von Whistleblowern vor Vergeltungs- maßnahmen zu schaffen und umzusetzen sowie die jeweiligen Organisationen zur Festlegung und Umsetzung der nötigen Schutzmaßnahmen zu ermutigen; (l) Einführung eines ganzheitlichen Multi-Stakeholder-Ansatzes im Einklang mit dem innerstaat- lichen Recht zur Erhöhung der Wirksamkeit und Verbesserung der Abstimmung der Maßnahmen und Initiativen zur Korruptionsbekämpfung einschließlich der Förderung der Wahrnehmung ih- rer sozialen Verantwortung durch Unternehmen;

111 2.4 Rechtsstaatlichkeit

(m) Förderung der vollständigen, gleichberechtigten und bedeutsamen Beteiligung von Frauen an der Entwicklung und Umsetzung einschlägiger Korruptionsbekämpfungsaktivitäten mit dem Ziel der Gleichstellung der Geschlechter und unter Berücksichtigung der Tatsache, dass Frauen und ge- fährdete Personen unverhältnismäßig stark von den Auswirkungen der Korruption betroffen sind; (…)

3. ermutigt die Teilnehmerstaaten zur bestmöglichen Nutzung der OSZE als Plattform für Dia- log, Zusammenarbeit, Informationsaustausch und Weitergabe nachahmenswerter Verfahren auf dem Gebiet der Verhütung und Bekämpfung der Korruption durch Digitalisierung und erhöhte Transparenz;

4. Beauftragt die zuständigen Durchführungsorgane der OSZE, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und der verfügbaren Ressourcen die Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses zu unterstützen, dies auch in Zusammenarbeit mit einschlägigen regionalen und internationalen Organisationen; (…)

2.4 Rechtsstaatlichkeit

Siehe auch: I. 3: Einschränkungen und Ausnahmeregelungen II. 3.1.4: Schutz vor willkürlicher Festnahme oder Inhaftierung II. 3.1.5: Recht auf ein faires Verfahren II. 3.1.6: Recht auf einen wirksamen Rechtsbehelf

2.4.1 Allgemeine Bestimmungen

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(13) (…) [Die Teilnehmerstaaten] werden (…) (13.4) – das Recht des einzelnen, seine Rechte und Pflichten auf diesem Gebiet zu kennen und auszuüben, wirksam gewährleisten und zu diesem Zweck alle Gesetze, Verordnungen und Ver- fahrensvorschriften betreffend die Menschenrechte und Grundfreiheiten veröffentlichen und zu- gänglich machen;

Kopenhagen 1990

(2) [Die Teilnehmerstaaten] sind entschlossen, die Grundsätze der Gerechtigkeit zu unterstützen und zu fördern, auf denen der Rechtsstaat aufbaut. Sie vertreten die Auffassung, daß Rechtsstaat- lichkeit nicht nur formale Rechtmäßigkeit bedeutet, die Regelmäßigkeit und Schlüssigkeit bei der Errichtung und Durchsetzung der demokratischen Ordnung gewährleistet, sondern auch Gerech- tigkeit, die auf der Anerkennung und der vollen Achtung der Persönlichkeit des Menschen als dem höchstem Gut beruht und durch Institutionen gesichert ist, die einen Rahmen für seine umfas- sende Selbstverwirklichung bieten.

(3) Sie bekräftigen, daß die Demokratie ein wesentlicher Bestandteil des Rechtsstaates ist (…)

112 2.4.1 Allgemeine Bestimmungen

(…)

(5) Sie erklären feierlich, daß unter den Elementen, die die Gerechtigkeit ausmachen, die folgen- den wesentlich für den umfassenden Ausdruck der dem Menschen innewohnenden Würde und der für alle Menschen gleichen und unveräußerlichen Rechte sind: (…) (5.3) Die Pflicht der Regierung und der öffentlichen Behörden, verfassungsgemäß und in Einklang mit den Gesetzen zu handeln; (…) (5.5) Regierung und Verwaltung sowie die Gerichte haben sich in ihren Handlungen an die Rechts- ordnung zu halten. Die Achtung dieser Rechtsordnung ist zu gewährleisten; (…) (5.7) Die Menschenrechte und Grundfreiheiten sind durch Gesetz und in Einklang mit den völ- kerrechtlichen Verpflichtungen der Teilnehmerstaaten zu gewährleisten; (5.8) Die nach Abschluß einer öffentlichen Debatte angenommenen Gesetze sowie Verordnungen werden bekanntgemacht; diese Bekanntmachung ist Voraussetzung für ihre Anwendbarkeit. Die Texte müssen jedermann zugänglich sein; (5.9) Alle Menschen sind vor dem Gesetz gleich und haben ohne Diskriminierung Anspruch auf gleichen Schutz durch das Gesetz. In diesem Zusammenhang wird das Gesetz jede Diskriminie- 2 rung untersagen und jedermann gleichen und wirkungsvollen Schutz gegen Diskriminierung gleich welcher Art angedeihen lassen; (…) (5.15) Jeder, der unter dem Vorwurf einer strafbaren Handlung festgenommen worden ist oder in Haft gehalten wird, hat das Recht, zur Entscheidung über die Rechtmäßigkeit seiner Festnahme oder Haft unverzüglich einem Richter oder einer anderen gesetzlich zur Ausübung dieser Funk- tion ermächtigten Amtsperson vorgeführt zu werden; (…) (5.18) Niemand wird einer Straftat beschuldigt, angeklagt oder für diese verurteilt, wenn diese nicht Gegenstand eines Gesetzes ist, in dem der entsprechende Tatbestand klar und genau beschrieben ist; (5.19) Jeder wird bis zum gesetzlichen Nachweis seiner Schuld als unschuldig angesehen; (5.20) – In Erwägung des wesentlichen Beitrags, den internationale Dokumente im Bereich der Menschenrechte zur Rechtsstaatlichkeit auf nationaler Ebene leisten, bekräftigen die Teilnehmer- staaten, daß sie den Beitritt zum Internationalen Pakt über bürgerliche und politische Rechte, zum Internationalen Pakt über wirtschaftliche, soziale und kulturelle Rechte und zu anderen einschlä- gigen internationalen Dokumenten erwägen, sofern ein solcher noch nicht erfolgt ist; (5.21) Als Ergänzung der internen Rechtsmittel und um die Einhaltung der von den Teilnehmer- staaten eingegangenen internationalen Verpflichtungen wirksamer zu gewährleisten, werden sie erwägen, einer internationalen Konvention mit regionalem oder universellem Charakter über den Schutz der Menschenrechte wie der Europäischen Menschenrechtskonvention oder dem Fa- kultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte beizutreten, die Verfahren der Rechtsmitteleinlegung durch einzelne vor internationalen Instanzen vorsehen. (…)

(12) Die Teilnehmerstaaten, von dem Wunsche geleitet, eine größere Transparenz bei der Durchfüh- rung der im Abschließenden Dokument von Wien unter der Überschrift Menschliche Dimension

113 2.4.1 Allgemeine Bestimmungen

der KSZE eingegangenen Verpflichtungen sicherzustellen, beschließen, als vertrauensbildende Maßnahme von Teilnehmerstaaten entsandte Beobachter sowie Vertreter nichtstaatlicher Orga- nisationen und andere interessierte Personen gemäß den nationalen Rechtsvorschriften und dem Völkerrecht zu Gerichtsverfahren zuzulassen; es gilt als vereinbart, daß Verhandlungen unter Aus- schluß der Öffentlichkeit nur unter den im Gesetz vorgesehenen Umständen und in Einklang mit völkerrechtlichen und anderen internationalen Verpflichtungen stattfinden dürfen. (…)

(24) Teilnehmerstaaten werden gewährleisten, daß die Ausübung aller oben genannten Menschen- rechte und Grundfreiheiten nur den Einschränkungen unterliegen darf, die im Gesetz vorgesehen sind und mit ihren völkerrechtlichen Verpflichtungen, insbesondere dem Internationalen Pakt über bürgerliche und politische Rechte, und mit ihren anderen internationalen Verpflichtungen, insbe- sondere der Allgemeinen Erklärung der Menschenrechte, in Einklang stehen. Diese Einschrän- kungen tragen den Charakter von Ausnahmen. Die Teilnehmerstaaten werden dafür sorgen, daß diese Einschränkungen nicht mißbräuchlich und willkürlich angewendet werden, sondern in ei- ner Form, die die wirksame Ausübung dieser Rechte wahrt. In einer demokratischen Gesellschaft muß jede Einschränkung von Rechten und Freiheiten einem in den anzuwendenden Rechtsvor- schriften genannten Zweck entsprechen und streng verhältnismäßig sein.

Moskau 1991

(18.1) Gesetze werden in einem offenen Verfahren erarbeitet und angenommen, in dem der Wille der Menschen entweder auf direkte Weise oder durch deren gewählte Vertreter zum Ausdruck gebracht wird. (…)

(27) Die Teilnehmerstaaten (27.1) bekunden ihre Absicht, im Bereich des Verfassungs-, Verwaltungs-, Handels-, Zivil- und So- zialrechts sowie in anderen einschlägigen Bereichen zusammenzuarbeiten, um auf der Wahrung der Menschenrechte, der Rechtsstaatlichkeit und der Demokratie beruhende Rechtssysteme ins- besondere in Staaten, so diese noch nicht bestehen, zu entwickeln; (27.2) beabsichtigen zu diesem Zweck die Fortsetzung und Verstärkung der bilateralen und mul- tilateralen Rechts- und Verwaltungszusammenarbeit, unter anderem in folgenden Bereichen: • Entwicklung eines wirksamen Verwaltungssystems; • Hilfestellung bei der Ausarbeitung von Gesetzen und Verordnungen; • Ausbildung von Personal im Verwaltungs- und Rechtsbereich; • Austausch von juristischen Werken und Periodika.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

18. Die Teilnehmerstaaten heben hervor, daß alle Maßnahmen öffentlicher Behörden mit der Rechts- staatlichkeit übereinstimmen müssen, um so die Rechtssicherheit des einzelnen zu garantieren.

114 2.4.1 Allgemeine Bestimmungen

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat,

in der Erkenntnis, dass die volle Achtung der Menschenrechte und Grundfreiheiten sowie die Ent- wicklung von Gesellschaftssystemen auf der Grundlage von pluralistischer Demokratie und Rechts- staatlichkeit Vorbedingung für dauerhaften Frieden, Sicherheit, Gerechtigkeit und Stabilität sind, (…)

erneut feststellend, dass sich Regierung und Verwaltung sowie die Gerichte in ihren Handlungen an die Rechtsordnung und an die einschlägigen OSZE- und internationalen Verpflichtungen der Teil- nehmerstaaten zu halten haben und dass die Achtung dieser Rechtsordnung zu gewährleisten ist,

in der Erwägung, dass Rechtsstaatlichkeit nicht nur formale Rechtmäßigkeit bedeutet, die Regel- mäßigkeit und Schlüssigkeit bei der Errichtung und Durchsetzung der demokratischen Ordnung gewährleistet, sondern auch Gerechtigkeit, die auf der Anerkennung und vollen Achtung der Per- sönlichkeit des Menschen als dem höchsten Gut beruht und durch Institutionen gesichert ist, die einen Rahmen für seine umfassende Selbstverwirklichung bieten,

in der Erkenntnis, dass Rechtsstaatlichkeit auf der Achtung international anerkannter Menschen- rechte beruhen muss, einschließlich des Rechts auf ein faires Gerichtsverfahren, des Rechts auf 2 ein wirksames Rechtsmittel und des Rechts, nicht willkürlich festgenommen oder in Haft gehal- ten zu werden, (…)

beschließt: • Fragen der Rechtsstaatlichkeit und des ordentlichen Verfahrens in der Strafrechtspflege 2006 erhöhte Aufmerksamkeit zu schenken und weiter zu verfolgen, indem er die Teilnehmerstaaten unter anderem dazu anhält, bestehende Verpflichtungen besser umzusetzen und sich dabei auf das Fachwissen des BDIMR zu stützen und in enger Zusammenarbeit mit anderen einschlägigen internationalen Organisationen vorzugehen, um unnötige Doppelgleisigkeiten zu vermeiden; (…)

Brüssels 2006 (Beschluss Nr. 5/06 über die organisierte Kriminalität)

Der Ministerrat, (…)

nachdrücklich auf die Schlüsselrolle hinweisend, die eine effiziente und effektive Strafrechtspflege für die Wahrung der öffentlichen Sicherheit spielt,

In Anerkennung der Tatsache, dass die Strafrechtspflege betreffende Politiken und Aktivitäten un- ter anderem Verbrechensverhütung, Strafverfolgung, Polizei, das Justizsystem, die öffentliche An- klagebehörde, Verteidiger und Strafvollzug beinhalten und einbeziehen sollten,

in dem Bewusstsein, dass eine effiziente und effektive Strafrechtspflege nur auf Grundlage der Rechtsstaatlichkeit und des Schutzes der Menschenrechte entwickelt werden kann und dass die Rechtsstaatlichkeit selbst des Schutzes durch diese Strafrechtspflege bedarf,

115 2.4.1 Allgemeine Bestimmungen

in dem Bewusstsein, dass eine effiziente und effektive Strafrechtspflege auf Grundlage der Rechts- staatlichkeit die Voraussetzung für die Bekämpfung der organisierten Kriminalität, des Men- schenhandels, des illegalen Drogen- und Waffenhandels, des Terrorismus, der Korruption und anderer Formen grenzüberschreitender und inländischer krimineller Aktivität darstellt und dass diesen Sicherheitsherausforderungen im Rahmen der gesamten Strafrechtspflege durch Fachleute begegnet werden muss, (…)

Im Bewusstsein der Notwendigkeit, dass die OSZE in Koordination mit den Vereinten Nationen und anderen multilateralen Foren die Stärkung der internationalen Zusammenarbeit der Justiz- behörden und die Verbesserung der Strafrechtspflege als Teil ihrer gesamten Sicherheitsagenda zu einem Schwerpunkt macht, (…)

4. fordert die Teilnehmerstaaten nachdrücklich dazu auf, der Integrität und dem Professionalis- mus von Strafverfolgungsbehörden und Staatsanwaltschaften, der effizienten Rechtspflege und vorschriftsmäßigen Verwaltung des Gerichtswesens, der Unabhängigkeit der Justiz und dem vor- schriftsmäßigen Funktionieren des Strafvollzugs gebührende Aufmerksamkeit zu schenken und Möglichkeiten eines alternativen Strafvollzugs zu erkunden;

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege) (…)

Wir rufen alle Teilnehmerstaaten dazu auf, ihre völkerrechtlichen und sonstigen Verpflichtun- gen vollständig umzusetzen, um für einen unparteiischen und wirksamen Gang der Strafrechts- pflege zu sorgen.

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

in Betonung der Bedeutung, die wir den Menschenrechten, der Rechtsstaatlichkeit und der Demo- kratie beimessen, die alle miteinander verbunden sind und einander verstärken,

ferner in Betonung der Bedeutung der Rechtsstaatlichkeit als dimensionsübergreifende Frage im Hinblick auf die Gewährleistung der Achtung der Menschenrechte und der Demokratie, von Si- cherheit und Stabilität, Good Governance, gegenseitigen Wirtschafts- und Handelsbeziehungen, Investitionssicherheit und eines günstigen Wirtschaftsklimas sowie ihrer Rolle im Kampf gegen Korruption, organisierte Kriminalität und alle Arten des unerlaubten Handels, einschließlich des Drogen-, Waffen- und Menschenhandels, womit sie als Grundlage für die politische, wirtschaft- liche, soziale und ökologische Entwicklung in den Teilnehmerstaaten dient, (…)

2. ruft die Teilnehmerstaaten auf, gegebenenfalls zu OSZE-Projekten und -Programmen beizutra- gen, deren Ziel die Unterstützung der Rechtsstaatlichkeit ist; (…)

116 2.4.1 Allgemeine Bestimmungen

4. legt den Teilnehmerstaaten nahe, gegebenenfalls mit Unterstützung einschlägiger Durchfüh- rungsorgane der OSZE im Einklang mit deren Mandaten und im Rahmen der vorhandenen Res- sourcen ihre Bemühungen um Weitergabe von Informationen und nachahmenswerten Praktiken fortzusetzen und zu verstärken und die Rechtsstaatlichkeit unter anderem in folgenden Berei- chen zu stärken: • (…) effiziente Rechtspflege, Recht auf ein faires Verfahren, Anspruch auf Zugang zu einem Ge- richt, Rechenschaftspflicht staatlicher Institutionen und Beamter, Achtung der Rechtsstaatlich- keit in der öffentlichen Verwaltung, Anspruch auf rechtlichen Beistand (…); (…) • Bekenntnis zum Prinzip der friedlichen Beilegung von Streitigkeiten; (…) • wirksame Rechtsvorschriften und Rahmenbedingungen in Verwaltung und Justiz, um wirt- schaftliche Aktivitäten, Handel und Investitionen in den Teilnehmerstaaten und zwischen ih- nen zu erleichtern; • Achtung der Rechtsstaatlichkeit im Hinblick auf den Schutz der natürlichen Umwelt im OSZE- Raum; • Bewusstseinsbildung für Fragen der Rechtsstaatlichkeit an Gerichten, bei Strafverfolgungsbe- hörden, bei der Polizei und im Strafvollzug sowie in der Ausbildung von Juristen; • Rechtsstaatlichkeit als Unterrichtsthema sowie Interaktions- und Austauschmöglichkeiten für Juristen, Wissenschaftler und Studenten der Rechtswissenschaften aus verschiedenen Teilneh- merstaaten in der OSZE-Region; 2 • die Rolle der Verfassungsgerichte oder vergleichbarer Institutionen der Teilnehmerstaaten als Garanten, dass sich alle staatlichen Institutionen das Handeln im Einklang mit Rechtsstaatlich- keit, Demokratie und Menschenrechten zum Prinzip machen; • gegebenenfalls Bereitstellung wirksamer Rechtsbehelfe und Zugang zu diesen • Einhaltung rechtsstaatlicher Standards und Gepflogenheiten in der Strafrechtspflege; • Kampf gegen Korruption; (…)

Athen 2009 (Beschluss Nr. 7/09 über Mitwirkung von Frauen am politischen und öffentlichen Leben)

Der Ministerrat, (…)

in Anbetracht der Tatsache, dass Frauen im OSZE-Raum in der Legislative, Exekutive samt Polizei- behörden und in der Judikative auf der Entscheidungsebene nach wie vor unterrepräsentiert sind,

besorgt darüber, dass die weit verbreitete Diskriminierung von Frauen weiterhin deren wirksame Mitwirkung am politischen und öffentlichen Leben auf allen Ebenen unterminiert, (…)

fordert die Teilnehmerstaaten auf:

1. Zu erwägen, für konkrete Maßnahmen zur Verwirklichung des Ziels einer ausgewogenen Ver- tretung beider Geschlechter in allen Körperschaften der (…) Exekutive (…)

117 2.4.2 Unabhängigkeit der Justiz und der Angehörigen der Rechtsberufe sowie unparteiische Arbeitsweise des öffentlichen Justizwesens

Astana 2010

2.4.2 Unabhängigkeit der Justiz und der Angehörigen der Rechtsberufe sowie unparteiische Arbeitsweise des öffentlichen Justizwesens

Kopenhagen 1990

(5.12) – Die Unabhängigkeit der Richter und das unparteiische Wirken der rechtsprechenden Ge- walt werden gewährleistet; (5.13) – Die Unabhängigkeit der Anwaltschaft wird anerkannt und geschützt, insbesondere hin- sichtlich der Zulassung und der Berufsausübung;

Moskau 1991

(19) Die Teilnehmerstaaten (19.1) werden die international anerkannten Normen beachten, die sich auf die Unabhängigkeit der Richter und der Anwaltschaft sowie auf das unparteiische Wirken der staatlichen Rechtsor- gane beziehen, darunter die Allgemeine Erklärung der Menschenrechte und den Internationalen Pakt über bürgerliche und politische Rechte; (19.2) werden bei der Verwirklichung der einschlägigen Normen und Verpflichtungen gewährleisten, daß die Unabhängigkeit der Gerichtsbarkeit garantiert und in der Verfassung bzw. den Gesetzen des Landes verankert sowie in der Praxis angewandt wird – unter besonderer Berücksichtigung der‚ Grundprinzipien für die Unabhängigkeit der Gerichtsbarkeit‘, die unter anderem Sorge tragen für: (i) das Verbot unstatthafter Beeinflussung von Richtern; (ii) die Verhinderung der Überprüfung richterlicher Entscheidungen durch Verwaltungsbehör- den, ausgenommen durch die mit dem Gesetz in Einklang stehende Milderung oder Umwand- lung von Gerichtsurteilen durch die zuständigen Behörden; (iii) den Schutz des Rechts der Richter auf freie Meinungsäußerung und Vereinigung, das nur funktionsbedingten Einschränkungen unterliegen darf; (iv) die Gewährleistung einer angemessenen Qualifikation, Ausbildung und Auswahl von Rich- tern ohne jegliche Diskriminierung; (v) die Garantie der Amtsdauer und angemessener Arbeitsbedingungen, einschließlich – gege- benenfalls – der Beförderung von Richtern; (vi) die Wahrung der Immunitätsbestimmungen; (vii) die Gewährleistung, daß Disziplinarmaßnahmen, Suspendierung und Amtsenthebung von Richtern durch gesetzliche Bestimmungen geregelt werden.

118 2.4.2 Unabhängigkeit der Justiz und der Angehörigen der Rechtsberufe sowie unparteiische Arbeitsweise des öffentlichen Justizwesens

(20) Zur Förderung der Unabhängigkeit der Gerichte werden die Teilnehmerstaaten: (20.1) anerkennen, daß eine bedeutende Aufgabe nationaler und internationaler Richterund An- waltsvereinigungen darin bestehen kann, der Unabhängigkeit ihrer Mitglieder größere Geltung zu verschaffen und hinsichtlich der Rolle des Richterund Anwaltsberufs in der Gesellschaft auf- klärend zu wirken; (20.2) Dialog, Austausch und Zusammenarbeit zwischen nationalen Vereinigungen und anderen Gruppen, die an der Wahrung der Unabhängigkeit der Gerichte und des Schutzes der Anwalt- schaft interessiert sind, fördern und erleichtern; (20.3) unter anderem durch Dialog, Kontakte und Austausch zusammenarbeiten, um Problembe- reiche hinsichtlich des Schutzes der Unabhängigkeit der Richter und der Anwaltschaft aufzuzei- gen und um Mittel und Wege zur Behandlung und Lösung dieser Probleme zu finden; (20.4) kontinuierlich zusammenarbeiten, wie etwa im Bereich der Ausbildung und Schulung von Richtern und Anwälten sowie der Erarbeitung und Annahme von Gesetzen, die ihrer Unabhän- gigkeit und dem unparteiischen Wirken der staatlichen Rechtsorgane größere Geltung verschaf- fen sollen.

Istanbul 1999 (Europäische Sicherheitscharta: IV. Unsere gemeinsame Instrumente)

45. Wir werden ferner die Entwicklung unabhängiger Gerichtssysteme fördern, die als Rechtsmit- tel bei Menschenrechtsverletzungen von größter Bedeutung sind, und Reformen des Gefängnis- 2 wesens mit Rat und Tat unterstützen (…)

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat, (…)

in der Erkenntnis, dass eine unparteiische und unabhängige Richterschaft für die Gewährleistung eines ordentlichen Verfahrens und den Schutz der Menschenrechte vor, während und nach Ge- richtsverfahren eine wesentliche Rolle spielt,

in der Erkenntnis, dass Verteidigern für die Gewährleistung des Rechts auf ein faires Gerichtsver- fahren und für die Förderung und den Schutz anderer Menschenrechte in der Strafrechtspflege eine außerordentlich wichtige Rolle zukommt, (…)

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege) (…)

Wir erinnern an die Verpflichtung der Teilnehmerstaaten, für die Unabhängigkeit der Rechtspre- chung Sorge zu tragen. (…)

Wir sind der Auffassung, dass: • die richterliche Unabhängigkeit eine Voraussetzung für die Rechtsstaatlichkeit darstellt und als grundlegende Garantie für ein faires Verfahren fungiert; • Unparteilichkeit unerlässlich ist für die ordnungsgemäße Wahrnehmung des Richteramtes; • Integrität unerlässlich ist für die ordnungsgemäße Wahrnehmung des Richteramtes;

119 2.4.2 Unabhängigkeit der Justiz und der Angehörigen der Rechtsberufe sowie unparteiische Arbeitsweise des öffentlichen Justizwesens

• PAnstand und ein von Anstand geprägtes Erscheinungsbild unerlässlich sind für die Erfüllung aller Aufgaben eines Richters; • Eine Garantie für die gleiche Behandlung aller vor dem Gericht unerlässlich ist für die ord- nungsgemäße Wahrnehmung des Richteramtes; • Sachkenntnis und Sorgfalt Voraussetzungen für die ordnungsgemäße Wahrnehmung des Rich- teramtes sind.

Wir sind der Auffassung, dass: • Vertreter der Anklagebehörde integre und dazu befähigte Personen mit entsprechender Ausbil- dung und Qualifikation sein sollten; • Vertreter der Anklagebehörde jederzeit die Ehre und Würde ihres Berufsstandes wahren und der Rechtsstaatlichkeit genügen sollten; • das Amt des Anklägers streng von richterlichen Aufgaben getrennt sein sollte und Vertreter der Anklagebehörde die Unabhängigkeit und Unparteilichkeit der Richter achten sollten; • Vertreter der Anklagebehörde ihr Amt nach dem geltenden Recht unparteiisch, konsequent und schnell ausüben, die Würde des Menschen achten und schützen und die Menschenrechte wahren sollten, um auf diese Weise zur Sicherstellung der Rechte der Verteidigung und des rei- bungslosen Funktionierens der Strafrechtspflege beizutragen. (…)

Wir sind der Auffassung, dass: • alle notwendigen Maßnahmen getroffen werden sollten, um die freie Berufsausübung von An- wälten ohne Diskriminierung und ohne ungebührliche Einmischung seitens der Behörden oder der Öffentlichkeit zu achten, zu schützen und zu fördern; • Entscheidungen über die Berufsausübung oder -zulassung von Rechtsanwälten von einem un- abhängigen Gremium getroffen werden sollten. Unabhängig davon, ob diese Entscheidungen von einem unabhängigen Gremium getroffen werden oder nicht, sollten sie der Überprüfung durch eine unabhängige und unparteiische Justizbehörde unterliegen; • Rechtsanwälte keinerlei Sanktionen oder Druck ausgesetzt oder davon bedroht sein sollten, wenn sie gemäß ihren Standesregeln handeln; • Rechtsanwälte Zugang zu ihren Klienten haben sollten, insbesondere auch zu Personen, denen ihre Freiheit entzogen wurde, um ihre Klienten ungestört beraten und im Einklang mit festste- henden Standesregeln vertreten zu können; • alle sinnvollen und notwendigen Maßnahmen getroffen werden sollten, um die Vertraulichkeit der Beziehungen zwischen Rechtsanwalt und Klient sicherzustellen. Ausnahmen von diesem Grundsatz sollten nur genehmigt werden, wenn sie im Einklang mit der Rechtsstaatlichkeit stehen; • Rechtsanwälten der Zugang zu einem Gericht, vor dem aufzutreten sie qualifiziert sind, nicht verwehrt werden sollte und sie in Verteidigung der Rechte und Interessen ihrer Klienten im Einklang mit ihren Standesregeln Zugang zu allen maßgeblichen Beweismitteln und Unterla- gen haben sollten. (…)

120 2.4.3 Rechtspflege

Brüssels 2006 (Beschluss Nr. 5/06 über die organisierte Kriminalität)

Der Ministerrat, (…)

4. Fordert die Teilnehmerstaaten nachdrücklich dazu auf, der Integrität und dem Professionalis- mus von (…)Staatsanwaltschaften, der effizienten Rechtspflege und vorschriftsmäßigen Verwaltung des Gerichtswesens, der Unabhängigkeit der Justiz und dem vorschriftsmäßigen Funktionieren des Strafvollzugs gebührende Aufmerksamkeit zu schenken (…);

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

Dublin 2012 (Erklärung über die Stärkung von guter Regierungsführung und die Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung) (…)

Wir sind uns der Tatsache bewusst, dass die Bekämpfung von Korruption langfristige und um- fassende strategische Ansätze und starke Institutionen verlangt. Wir sind davon überzeugt, dass auf die für die Verhütung, Aufdeckung, Untersuchung, strafrechtliche Verfolgung und richterliche Beurteilung von Korruptionsdelikten zuständigen Organe kein unangemessener Einfluss ausge- übt werden darf. Hier verweisen wir insbesondere auf die zentrale Rolle der Strafverfolgungs- und Rechtsprechungsorgane im Kampf gegen Korruption und für die Gewährleistung der Rechtsstaat- lichkeit. Wir halten es für außerordentlich wichtig, dass die Unabhängigkeit der Justiz sichergestellt wird, damit diese ihre Funktion erfüllen kann, und dass in dieser Hinsicht verstärkte Anstren- gungen unternommen werden. (…)

2.4.3 Rechtspflege

A. Gesetzesvollzug

Moskau 1991

(21) Die Teilnehmerstaaten werden (21.1) alle notwendigen Maßnahmen ergreifen, um zu gewährleisten, daß die Vollzugsbeamten bei der Aufrechterhaltung der öffentlichen Ordnung im öffentlichen Interesse und den Bedürfnissen

121 2.4.3 Rechtspflege

der Lage entsprechend handeln, dabei ein legitimes Ziel verfolgen sowie den Umständen ange- messene Mittel und Wege anwenden werden, die nicht über die Erfordernisse des Gesetzesvoll- zugs hinausgehen; (21.2) gewährleisten, daß der Gesetzesvollzug der gerichtlichen Kontrolle unterliegt, daß Vollzugs- beamte für solche Handlungen rechenschaftspflichtig sind und daß Opfer von Handlungen, die eine Verletzung der obenstehenden Verpflichtungen darstellen, eine angemessene Entschädigung nach dem Gesetz des jeweiligen Staates verlangen können.

(22) Die Teilnehmerstaaten werden geeignete Maßnahmen ergreifen, um zu gewährleisten, daß die Vollzugsbeamten im Verlauf ihrer Ausbildung über die Unzulässigkeit übermäßiger Gewalt- anwendung und über die einschlägigen internationalen und innerstaatlichen Verhaltensregeln aufgeklärt werden.

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

37. Die Teilnehmerstaaten werden Streitkräfte nicht dazu heranziehen, um Personen einzeln oder als Vertreter von Gruppen in der friedlichen und gesetzmäßigen Ausübung ihrer Menschen- und Bürgerrechte einzuschränken oder ihrer nationalen, religiösen, kulturellen, sprachlichen oder eth- nischen Identität zu berauben.

Istanbul 1999 (Europäische Sicherheitscharta: IV. Unsere gemeinsame Instrumente)

45. (…) Die OSZE wird auch mit anderen internationalen Organisationen bei der Schaffung eines politischen und rechtlichen Rahmens zusammenarbeiten, in dem die Polizei ihre Aufgaben im Einklang mit demokratischen Grundsätzen und dem Rechtsstaatlichkeitsprinzip erfüllen kann.

Bukarest 2001 (Beschluss Nr. 9/01 über polizeibezogenen Aktivitäten)

Der Ministerrat, (…)

mit der Feststellung, dass eine wirksame Polizeiarbeit für die Wahrung der Rechtsstaatlichkeit und die Verteidigung demokratischer Institutionen wesentlich ist, (…)

1. Vereinbart, dass die OSZE bei der Ausarbeitung von Plänen für polizeibezogene OSZE-Akti- vitäten (…): (…) • die Rolle der Polizeiausbildung, insbesondere einer integrierten Polizeiausbildung, bei der Schaf- fung eines Polizeidienstes, der das Vertrauen der gesamten Bevölkerung genießt, und als ver- trauensbildende Maßnahme erkunden und darauf aufbauen wird (…)

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege) (…)

122 2.4.3 Rechtspflege

Wir sind der Auffassung, dass: • Vollzugsbeamte jederzeit das ihnen von Rechts wegen zugewiesene Amt erfüllen sollten, indem sie im Dienste der Öffentlichkeit alle Menschen gegen rechtswidrige Handlungen schützen, wie es der hohen Verantwortung entspricht, die ihr Beruf verlangt; • Vollzugsbeamte in Ausübung ihres Amtes die Würde des Menschen achten und schützen und die Menschenrechte aller wahren und hochhalten sollten; • Vollzugsbeamte Gewalt nur im Rahmen des Notwendigen und Angemessenen zur Erfüllung ih- rer Aufgabe und zur Gewährleistung der öffentlichen Sicherheit einsetzen sollten; • Vollzugsbeamte als Angehörige der größeren Gruppe der Träger eines öffentlichen Amtes bzw. anderer in amtlicher Funktion Tätiger keine Folterung oder eine andere grausame, unmensch- liche oder erniedrigende Behandlung oder Strafe zufügen, dazu anstiften oder ermutigen oder diese tolerieren sollten;

Kein Vollzugsbeamter dafür bestraft werden sollte, wenn er sich dem Befehl widersetzt, Handlun- gen zu begehen oder zu verheimlichen, die mit Folter oder einer anderen grausamen, unmensch- lichen oder erniedrigende Behandlung • oder Strafe gleichzusetzen sind; • Vollzugsbeamte sich für die Gesundheit der in ihrem Gewahrsam befindlichen Personen verant- wortlich fühlen und auf sie achten und insbesondere sofort tätig werden sollten, um eine ärzt- liche Betreuung sicherzustellen, wann immer diese erforderlich ist. 2 (…)

Brüssels 2006 (Beschluss Nr. 5/06 über die organisierte Kriminalität)

Der Ministerrat, (…)

4. Fordert die Teilnehmerstaaten nachdrücklich dazu auf, der Integrität und dem Professionalismus von Strafverfolgungsbehörden und Staatsanwaltschaften, der effizienten Rechtspflege und (…) dem vorschriftsmäßigen Funktionieren des Strafvollzugs gebührende Aufmerksamkeit zu schenken (…) (…)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

123 2.4.3 Rechtspflege

Athen 2009 (Beschluss Nr. 7/09 über Mitwirkung von Frauen am politischen und öffentlichen Leben)

Der Ministerrat, (…)

in Anbetracht der Tatsache, dass Frauen im OSZE-Raum in der Legislative, Exekutive samt Polizei- behörden und in der Judikative auf der Entscheidungsebene nach wie vor unterrepräsentiert sind,

besorgt darüber, dass die weit verbreitete Diskriminierung von Frauen weiterhin deren wirksame Mitwirkung am politischen und öffentlichen Leben auf allen Ebenen unterminiert, (…)

fordert die Teilnehmerstaaten auf:

1. Zu erwägen, für konkrete Maßnahmen zur Verwirklichung des Ziels einer ausgewogenen Ver- tretung beider Geschlechter in allen Körperschaften der Legislative, der Judikative und Exekutive einschließlich von Sicherheitsdiensten, wie dem Polizeidienst, zu sorgen; (…)

B. Behandlung von Personen im Freiheitsentzug

Siehe auch: II. 4.9 Personen in Haft oder im Gefängnis

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(23) Die Teilnehmerstaaten werden (23.1) gewährleisten, daß niemand willkürlich festgenommen, in Haft gehalten oder des Landes verwiesen wird; (23.2) gewährleisten, daß jeder, der festgenommen oder in Haft gehalten wird, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt wird; (23.3) die Mindestgrundsätze der Vereinten Nationen für die Behandlung von Strafgefangenen so- wie den Verhaltenskodex der Vereinten Nationen für Vollzugsbeamte einhalten; (23.4) Folter und andere Arten grausamer, unmenschlicher oder erniedrigender Behandlung oder Bestrafung verbieten und wirksame gesetzliche, administrative, gerichtliche und sonstige Maß- nahmen ergreifen, um solche Praktiken zu verhindern und zu bestrafen; (23.5) den Beitritt zum Übereinkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe in Erwägung ziehen, sofern dies noch nicht geschehen ist; (23.6) den einzelnen vor allen psychiatrischen oder anderen medizinischen Praktiken schützen, die eine Verletzung der Menschenrechte und Grundfreiheiten darstellen, und wirksame Maßnah- men zur Verhinderung und Bestrafung solcher Praktiken treffen.

124 2.4.3 Rechtspflege

(24) (…) In Teilnehmerstaaten, in denen die Todesstrafe noch nicht abgeschafft wurde, darf ein Todesurteil nur für die schwersten Verbrechen gemäß den zum Zeitpunkt der Verübung des Ver- brechens geltenden Rechtsvorschriften und nicht unter Mißachtung ihrer internationalen Ver- pflichtungen verhängt werden (…)

Moskau 1991

(23) Die Teilnehmerstaaten werden alle ihrer Freiheit beraubten Personen menschlich und unter Achtung der ihnen innewohnenden Menschenwürde sowie unter Einhaltung der international aner- kannten Normen in bezug auf die Justizverwaltung und die Menschenrechte Inhaftierter behandeln. (23.1) Die Teilnehmerstaaten werden gewährleisten, daß (i) ein Freiheitsentzug nur dann erfolgt, wenn die im Gesetz dafür vorgesehenen Gründe vorlie- gen und die gesetzlich festgelegten Verfahren eingehalten werden; (ii) jeder Festgenommene umgehend in einer ihm verständlichen Sprache über die Gründe sei- ner Festnahme informiert und gegebenenfalls über die ihm zur Last gelegten Tatbestände aufge- klärt wird; (iii) jede ihrer Freiheit beraubte Person umgehend über die ihr nach dem Recht des jeweiligen Staa- tes zustehenden Rechte informiert wird; (iv) jede Person, die festgenommen oder in Haft gehalten wird, das Recht hat, unverzüglich einem Richter oder einem anderen gesetzlich befugten Beamten vorgeführt zu werden, damit über die 2 Rechtmäßigkeit ihrer Festnahme oder Inhaftierung entschieden werden kann, und sie unverzüg- lich freigelassen wird, wenn sich die Festnahme oder Inhaftierung als ungerechtfertigt erweist; (v) jeder, der unter Strafanklage steht, das Recht hat, sich persönlich oder durch einen Rechtsbei- stand seiner Wahl zu verteidigen, bzw. Anspruch auf einen unentgeltlichen Rechtsbeistand hat, wenn er nicht über die erforderlichen Mittel verfügt und dies im Interesse der Gerechtigkeit liegt; (vi) jeder Festgenommene oder Inhaftierte das Recht hat, geeignete Personen seiner Wahl von seiner Festnahme, Inhaftierung, Haft und von seinem Aufenthaltsort ohne ungebührliche Verzö- gerung zu verständigen oder die zuständige Behörde zu ersuchen, eine solche Verständigung vor- zunehmen; jegliche Beschränkung bei der Ausübung dieses Rechts ist durch das Gesetz und in Übereinstimmung mit internationalen Normen festzulegen; (vii) wirksame Maßnahmen ergriffen werden, sofern dies noch nicht geschehen ist, um zu ver- hindern, daß Vollzugsorgane die Lage von Festgenommenen oder Inhaftierten zur Erzwingung von Geständnissen oder sonstigen Selbstbeschuldigungen oder von Aussagen gegen andere Per- sonen ausnutzen; (viii) die Dauer jedes Verhörs und die dazwischenliegenden Zeitabstände entsprechend der jewei- ligen innerstaatlichen Rechtsordnung in beglaubigter Form festgehalten werden; (ix) ein Festgenommener oder sein Rechtsbeistand das Recht haben, bei den für die Verwaltung des Aufenthaltsortes des Inhaftierten zuständigen Behörden und bei übergeordneten Behörden – erforderlichenfalls bei Beschwerde- und Rechtsmittelinstanzen – Ersuchen oder Beschwerden hinsichtlich seiner Behandlung vorzubringen, insbesondere im Falle von Folter oder anderer grau- samer, unmenschlicher oder erniedrigender Behandlung; (x) ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfertigte Verzögerung beantwortet wird. Wenn das Ersuchen oder die Beschwerde zurückgewiesen oder unbegründet verzögert wird, ist der Beschwerdeführer berechtigt, sein Anliegen bei einer gericht- lichen oder anderen Instanz vorzubringen; weder dem Festgenommenen oder Inhaftierten noch

125 2.4.3 Rechtspflege

irgendeinem Beschwerdeführer dürfen aufgrund eines Ersuchens oder einer Beschwerde Nach- teile erwachsen; (xi) jeder, der Opfer einer ungerechtfertigten Festnahme oder Inhaftierung wurde, einen rechtlich durchsetzbaren Anspruch auf Entschädigung geltend machen kann. (23.2) Die Teilnehmerstaaten werden (i) bestrebt sein, erforderlichenfalls Maßnahmen zu ergreifen, um die Lage der Festgenommenen und Inhaftierten zu verbessern; (ii) Alternativen zum Freiheitsentzug besondere Aufmerksamkeit schenken.

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege) (…)

Wir sind der Auffassung, dass: (…) • Vollzugsbeamte sich für die Gesundheit der in ihrem Gewahrsam befindlichen Personen verant- wortlich fühlen und auf sie achten und insbesondere sofort tätig werden sollten, um eine ärzt- liche Betreuung sicherzustellen, wann immer diese erforderlich ist. (…)

Wir sind der Auffassung, dass die Vollstreckung von Freiheitsstrafen und die Behandlung von Häftlingen den Erfordernissen der inneren und äußeren Sicherheit und der Bestrafung Genüge tun, aber auch Haftbedingungen sicherstellen muss, die nicht die Menschenwürde verletzen und den Häftlingen Möglichkeiten zu einer sinnvollen Betätigung und geeignete Behandlungspro- gramme bieten muss, um sie so auf ihre Wiedereingliederung in die Gesellschaft vorzubereiten. (…)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

126 2.4.4 Erfüllung internationaler Verpflichtungen

2.4.4 Erfüllung internationaler Verpflichtungen

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die Beziehungen der Teilnehmerstaaten leiten, Prinzip X)

Die Teilnehmerstaaten werden ihre völkerrechtlichen Verpflichtungen nach Treu und Glauben er- füllen, und zwar jene Verpflichtungen, die sich aus den allgemein anerkannten Grundsätzen und Regeln des Völkerrechts ergeben, wie auch jene Verpflichtungen, die sich aus mit dem Völkerrecht übereinstimmenden Verträgen oder sonstigen Abkommen, deren Vertragspartei sie sind, ergeben.

Die Teilnehmerstaaten bestätigen, daß im Falle eines Widerspruchs zwischen den Verpflichtungen der Mitglieder der Vereinten Nationen aus der Charta der Vereinten Nationen und ihren Verpflich- tungen aus irgendeinem Vertrag oder sonstigen internationalen Abkommen ihre Verpflichtungen aus der Charta der Vereinten Nationen gemäß ihrem Artikel 103 Vorrang haben.

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege) 2 (…)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

1. ruft die OSZE-Teilnehmerstaaten auf, ihren völkerrechtlichen Verpflichtungen und ihren OSZE- Verpflichtungen in Bezug auf Rechtsstaatlichkeit auf internationaler wie auch auf nationaler Ebene nachzukommen, einschließlich aller Aspekte ihrer Gesetzgebung, Verwaltung und Justiz; (…)

127 3. Menschenrechtsbezogene Verpflichtungen, die für alle Personen gelten 3.1 Bürgerliche und politische Rechte

3.1 Bürgerliche und politische Rechte

3.1.1 Allgemeine Bestimmungen

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzip VII)

[Die Teilnehmerstaaten] werden die wirksame Ausübung der zivilen, politischen, (…) sowie der anderen Rechte und Freiheiten, die sich alle aus der dem Menschen innewohnenden Würde erge- ben und für seine freie und volle Entfaltung wesentlich sind, fördern und ermutigen.

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] unterstreichen gleichfalls ihre Entschlossenheit, ihre Gesetze und Vor- schriften im Bereich der zivilen, politischen, (…) und anderer Menschenrechte und Grundfrei- heiten zu entwickeln; sie betonen ebenfalls ihre Entschlossenheit, die wirksame Ausübung dieser Rechte und Freiheiten zu gewährleisten.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(12) [Die Teilnehmerstaaten] erkennen an, daß alle zivilen, politischen, (…) und anderen Rechte und Freiheiten von überragender Bedeutung sind und mit allen zu Gebote stehenden Mitteln in vollem Umfang verwirklicht werden müssen.

(13) In diesem Zusammenhang werden sie (…) (13.2) – den Beitritt zum Internationalen Pakt über bürgerliche und politische Rechte (Internatio- nale Konvention über zivile und politische Rechte), (…) dem Fakultativprotokoll zum Internatio- 3 nalen Pakt über bürgerliche und politische Rechte und zu anderen einschlägigen Dokumenten in Erwägung ziehen, sofern dies noch nicht geschehen ist; (…)

3.1.2 Recht auf Leben / Abschaffung der Todesstrafe

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(24) Teilnehmerstaaten stellen hinsichtlich der Frage der Todesstrafe fest, daß eine Reihe von ih- nen diese Strafe abgeschafft hat. In Teilnehmerstaaten, in denen die Todesstrafe noch nicht abge- schafft wurde, darf ein Todesurteil nur für die schwersten Verbrechen gemäß den zum Zeitpunkt der Verübung des Verbrechens geltenden Rechtsvorschriften und nicht unter Mißachtung ihrer internationalen Verpflichtungen verhängt werden. Diese Frage wird weiter verfolgt. Die Teilneh- merstaten werden in diesem Zusammenhang in einschlägigen internationalen Organisationen zusammenarbeiten.

Kopenhagen 1990

(17) Die Teilnehmerstaaten (…)

129 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

(17.2) verweisen in diesem Zusammenhang auf das durch die Generalversammlung der Vereinten Nationen am 15. Dezember 1989 angenommene Zweite Fakultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte zur Abschaffung der Todesstrafe; (17.3) nehmen Kenntnis von den Einschränkungen und Schutzmaßnahmen betreffend die Anwen- dung der Todesstrafe, die von der Staatengemeinschaft insbesondere in Artikel 6 des Internatio- nalen Paktes über bürgerliche und politische Rechte angenommen wurden; (17.4) nehmen Kenntnis von den Bestimmungen in Protokoll Nr.6 zur Europäischen Konvention zum Schutze der Menschenrechte und Grundfreiheiten über die Abschaffung der Todesstrafe; (17.5) nehmen Kenntnis von den jüngsten Maßnahmen, die eine Reihe von Teilnehmerstaaten im Hinblick auf die Abschaffung der Todesstrafe getroffen haben; (17.6) nehmen Kenntnis von den Aktivitäten verschiedener nichtstaatlicher Organisationen zur Frage der Todesstrafe; (17.7) werden im Rahmen der Konferenz über die Menschliche Dimension Informationen über die Abschaffung der Todesstrafe austauschen und die Frage weiterverfolgen; (17.8) werden der Öffentlichkeit Informationen über die Anwendung der Todesstrafe zur Verfü- gung stellen.

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte) (…)

Wir betonen, dass jeder das Recht auf Leben, Freiheit und Sicherheit der Person hat; niemand darf in Sklaverei gehalten werden und niemand darf Folter oder grausamer, unmenschlicher oder er- niedrigender Behandlung oder Strafe ausgesetzt werden. (…)

3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(23) Die Teilnehmerstaaten werden (…) (23.2) gewährleisten, daß jeder, der festgenommen oder in Haft gehalten wird, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt wird; (23.3) die Mindestgrundsätze der Vereinten Nationen für die Behandlung von Strafgefangenen so- wie den Verhaltenskodex der Vereinten Nationen für Vollzugsbeamte einhalten; (23.4) Folter und andere Arten grausamer, unmenschlicher oder erniedrigender Behandlung oder Bestrafung verbieten und wirksame gesetzliche, administrative, gerichtliche und sonstige Maß- nahmen ergreifen, um solche Praktiken zu verhindern und zu bestrafen; (23.5) den Beitritt zum Übereinkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe in Erwägung ziehen, sofern dies noch nicht geschehen ist; (23.6) den einzelnen vor allen psychiatrischen oder anderen medizinischen Praktiken schützen, die eine Verletzung der Menschenrechte und Grundfreiheiten darstellen, und wirksame Maßnah- men zur Verhinderung und Bestrafung solcher Praktiken treffen.

130 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

Kopenhagen 1990

(16) Die Teilnehmerstaaten (…) (16.2) beabsichtigen, vordringlich den Beitritt zum Übereinkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe zu prüfen, sofern ein sol- cher noch nicht erfolgt ist, die Befugnisse des Ausschusses gegen die Folter in Artikel 21 und 22 des Übereinkommens anzuerkennen und Vorbehalte gegen die in Artikel 20 vorgesehenen Befug- nisse des Ausschusses zurückzuziehen; (16.3) – betonen, daß keine wie auch immer gearteten außergewöhnlichen Umstände, sei es Kriegs- zustand oder Kriegsdrohung, interne politische Instabilität oder irgendeine andere öffentliche Not- standssituation, als Rechtfertigung für Folter geltend gemacht werden dürfen; (16.4) werden sicherstellen, daß bei der Ausbildung von zivilem oder militärischem Strafvollzugs- personal, von medizinischem Personal, von öffentlichen Bediensteten und anderen Personen, die unter Umständen mit der Bewachung, der Vernehmung oder der Behandlung von Personen zu tun haben, die irgendeiner Form der Festnahme, der Haft oder des Freiheitsentzugs unterworfen sind, das Verbot der Folter vollständig behandelt wird; (16.5) werden die für Verhöre geltenden Regeln, Anweisungen, Methoden und Praktiken sowie die Vorkehrungen für die Bewachung und Behandlung von Personen, die auf ihrem Territorium ir- gendeiner Form der Festnahme, der Haft oder des Freiheitsentzugs unterworfen sind, einer regel- mäßigen Überprüfung unterziehen, um jeden Fall von Folterung zu verhüten; (16.6) werden zwecks Prüfung geeigneter Schritte gemäß den vereinbarten Maßnahmen und Ver- fahren für die wirksame Durchführung der Verpflichtungen betreffend die menschliche Dimension der KSZE mit Priorität jeden Fall der Folterung und anderer unmenschlicher oder erniedrigender Behandlung oder Strafe aufgreifen, der ihnen auf offiziellem Wege oder aus irgendeiner anderen verläßlichen Informationsquelle zur Kenntnis gebracht wird; (16.7) werden davon ausgehen, daß die Bewahrung und Gewährleistung des Lebens und der Sicher- 3 heit jedes Menschen, der irgendeiner Form der Folter oder einer anderen unmenschlichen oder er- niedrigenden Behandlung oder Strafe unterworfen ist, der einzige Maßstab sein werden, nach dem die Dringlichkeit und die Prioritäten bei der Ergreifung geeigneter Abhilfemaßnahmen beurteilt werden; daher kann die Prüfung irgendeines Falles der Folterung und anderer unmenschlicher oder erniedrigender Behandlung oder Strafe im Rahmen irgendeines anderen internationalen Gremiums oder Mechanismus nicht als Begründung dafür geltend gemacht werden, daß die Prüfung und ge- eignete Schritte gemäß den vereinbarten Maßnahmen und Verfahren für die wirksame Durchfüh- rung der Verpflichtungen bezüglich der menschlichen Dimension der KSZE unterlassen werden.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, ohne Unterschied (…) niemand darf: (…)

der Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe unterworfen werden; (…)

Moskau 1991

(23.1) Die Teilnehmerstaaten werden gewährleisten, daß (…)

131 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

(vii) wirksame Maßnahmen ergriffen werden, sofern dies noch nicht geschehen ist, um zu ver- hindern, daß Vollzugsorgane die Lage von Festgenommenen oder Inhaftierten zur Erzwingung von Geständnissen oder sonstigen Selbstbeschuldigungen oder von Aussagen gegen andere Per- sonen ausnutzen; (viii) die Dauer jedes Verhörs und die dazwischenliegenden Zeitabstände entsprechend der jewei- ligen innerstaatlichen Rechtsordnung in beglaubigter Form festgehalten werden; (ix) ein Festgenommener oder sein Rechtsbeistand das Recht haben, bei den für die Verwaltung des Aufenthaltsortes des Inhaftierten zuständigen Behörden und bei übergeordneten Behörden – erforderlichenfalls bei Beschwerde- und Rechtsmittelinstanzen – Ersuchen oder Beschwerden hinsichtlich seiner Behandlung vorzubringen, insbesondere im Falle von Folter oder anderer grau- samer, unmenschlicher oder erniedrigender Behandlung; (x) ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfertigte Verzögerung beantwortet wird. Wenn das Ersuchen oder die Beschwerde zurückgewiesen oder unbegründet verzögert wird, ist der Beschwerdeführer berechtigt, sein Anliegen bei einer gericht- lichen oder anderen Instanz vorzubringen; weder dem Festgenommenen oder Inhaftierten noch irgendeinem Beschwerdeführer dürfen aufgrund eines Ersuchens oder einer Beschwerde Nach- teile erwachsen;

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

20. Die Teilnehmerstaaten verurteilen aufs schärfste alle Formen der Folter als eine der eklatan- testen Verletzungen der Menschenrechte und der menschlichen Würde. Sie verpflichten sich, de- ren Abschaffung anzustreben.

Sie erkennen die diesbezügliche Bedeutung internationaler Normen, wie in internationalen Ver- trägen über Menschenrechte festgelegt, an, insbesondere das Übereinkommen der Vereinten Na- tionen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Bestrafung und das Europäische Übereinkommen über die Verhinderung von Folter und un- menschlicher oder erniedrigender Behandlung oder Bestrafung. Sie erkennen ferner die Bedeutung der einzelstaatlichen auf die Ausmerzung der Folter gerichteten Gesetzgebung an. Sie verpflichten sich, auch alle mutmaßlichen Fälle von Folter zu untersuchen und die Schuldigen zu verfolgen. Sie verpflichten sich ferner, konkrete Bestimmungen im Hinblick auf die Ausmerzung der Folter in die Aus- und Weiterbildungsprogramme für Vollzugs- und Polizeikräfte aufzunehmen. Sie sind der Auffassung, daß ein Informationsaustausch über dieses Problem eine wesentliche Vorausset- zung darstellt. Die Teilnehmerstaaten sollten die Möglichkeit haben, derartige Informationen zu erhalten. Die KSZE sollte in diesem Zusammenhang auch auf die Erfahrungen des von der Men- schenrechtskommission der Vereinten Nationen berufenen Sonderberichterstatters über Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Bestrafung zurückgreifen und die von nichtstaatlichen Organisationen bereitgestellten Informationen nutzen.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

21. Wir haben den festen Willen, Folter und grausame, unmenschliche oder erniedrigende Be- handlung oder Bestrafung im gesamten OSZE-Gebiet auszumerzen. Zu diesem Zweck werden wir uns für Rechtsvorschriften einsetzen, die formelle und materielle Absicherungen und Hand- haben zur Bekämpfung solcher Praktiken vorsehen. Wir werden den Opfern helfen und gegebe- nenfalls mit einschlägigen internationalen Organisationen und nichtstaatlichen Organisationen zusammenarbeiten.

132 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat, (…)

die Notwendigkeit unterstreichend, öffentlich gegen Folter aufzutreten, und daran erinnernd, dass alle Formen von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe an gleich welchem Ort und zu gleich welcher Zeit verboten sind und verboten bleiben werden und somit niemals gerechtfertigt werden können, und die Notwendigkeit betonend, Ver- fahrensgarantien zur Verhütung von Folter zu verstärken und die Täter strafrechtlich zu verfolgen, um zu verhindern, dass Folter ungeahndet bleibt, und mit der an die Teilnehmerstaaten gerichte- ten Aufforderung, die Unterzeichnung und Ratifikation des Fakultativprotokolls zum Überein- kommen gegen Folter ehestmöglich zu überlegen, (…)

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte) (…)

Athen 2009 (Ministererklärung zum 25. Jahrestag der Verabschiedung des Übereinkommens gegen Folter und andere grausame, unmenschliche oder erniedgrigende Behandlung oder Strafe) 3 1. Wir, die Mitglieder des Ministerrats der OSZE, erneuern unser festes Bekenntnis zum Über- einkommen gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe, das von der Generalversammlung der Vereinten Nationen am 10. Dezember 1984 ver- abschiedet wurde und dem alle OSZE-Teilnehmerstaaten beigetreten sind.

2. Aus Anlass des 25. Jahrestags der Verabschiedung dieses Übereinkommens erklären wir erneut, dass – wie auch die Allgemeine Erklärung der Menschenrechte besagt – niemand der Folter oder grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe unterworfen werden darf.

3. Wir sind uns der Tatsache bewusst, dass Folter ein äußerst schweres Verbrechen darstellt, und erklären, dass die Freiheit von Folter und anderer grausamer, unmenschlicher oder erniedrigen- der Behandlung oder Strafe ein Recht ist, von dem es keine Ausnahme geben kann und das die dem Menschen innewohnende Würde und Unversehrtheit schützt.

4. Wir verurteilen aufs Schärfste alle Formen der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe, die immer und überall verboten sind und verboten bleiben und niemals zu rechtfertigen sind.

5. Es erfüllt uns mit großer Sorge, dass Folter und andere grausame, unmenschliche oder ernied- rigende Behandlung oder Strafe in vielen Teilen der Welt, darunter auch in OSZETeilnehmers- taaten, nach wie vor stattfinden.

133 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

6. Wir geloben daher, das im Übereinkommen festgelegte absolute Verbot der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu achten, seine Bestim- mungen uneingeschränkt nach Treu und Glauben zu erfüllen und im vollen Einklang mit allen seinen Prinzipien zu handeln.

7. Wir fordern die Teilnehmerstaaten, die dies noch nicht getan haben, auf, einen möglichst ra- schen Beitritt zum Fakultativprotokoll zum Übereinkommen in Erwägung zu ziehen.

8. Wir bekräftigen auch unsere Entschlossenheit, unsere gemeinsamen OSZE-Verpflichtungen zur Ausmerzung der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe vollständig umzusetzen.

9. Wir werden uns verstärkt bemühen, nachhaltige, entschlossene und wirksame Maßnahmen zur Verhütung und Bekämpfung der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung zu ergreifen und für eine vollständige Rehabilitierung der Folteropfer Sorge zu tragen.

10. Wir anerkennen den wertvollen Beitrag der OSZE zur Förderung der im Übereinkommen ver- ankerten Prinzipien und Bestimmungen.

11. Wir erachten es zu diesem Zweck als wichtig, mit den maßgeblichen internationalen Regie- rungsinstitutionen uneingeschränkt zusammenzuarbeiten.

12. Wir würdigen das unermüdliche Bemühen der Zivilgesellschaft, sich für die Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ein- zusetzen und das Leid der Opfer zu lindern.

Tirana 2020, (Beschluss Nr. 7/20 über Verhütung und Beseitigung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe)

Der Ministerrat,

unter nachdrücklicher Verurteilung aller Formen von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe als einer der eklatantesten Verletzungen der Menschenrechte und der Menschenwürde und bekräftigend, dass Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe zu gleich welcher Zeit und an gleich welchem Ort verboten sind und bleiben, (…)

Zutiefst besorgt über das Fortbestehen von Fällen von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe in vielen Teilen der Welt, darunter der OSZE- Raum, die unter anderem wegen der unvollständigen Umsetzung der einschlägigen Verpflichtungen nach dem Völkerrecht und den OSZE-Verpflichtungen und der anhaltenden Straflosigkeit für die Täter bestehen, die häufig auf eine fehlende rasche, unabhängige und wirksame Untersuchung und Verfolgung solcher Verbrechen zurückzuführen ist,

Zutiefst besorgt über Folterhandlungen und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen, die an Personen wegen der Ausübung ihrer Menschenrechte und Grundfreiheiten verübt werden,

zutiefst besorgt, dass Folter und andere grausame, unmenschliche oder erniedrigende Behandlun- gen oder Strafen genutzt werden, um eine Aussage oder ein Geständnis zu erlangen,

134 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

(…)

zutiefst besorgt, dass das Verschwindenlassen im OSZE-Gebiet nach wie vor vorkommt, das eine schwerwiegende Verletzung der Menschenrechte darstellt, (…),

in der Erkenntnis, dass in Konfliktsituationen, darunter bewaffnete Konflikte, sowie bei Unruhen und Massenprotesten der Verhütung von Folter und anderer grausamer, unmenschlicher oder er- niedrigender Behandlung oder Strafe besondere Aufmerksamkeit gewidmet werden sollte,

bekräftigend, dass alle Teilnehmerstaaten ihre Verpflichtungen nach dem humanitären Völker- recht und den internationalen Menschenrechtsnormen vollständig einhalten müssen, (…)

allen Teilnehmerstaaten in Erinnerung rufend, dass lange Isolationshaft oder Haft an geheimen Orten den Einsatz von Folter und anderen grausamen, unmenschlichen oder erniedrigenden Be- handlungen oder Strafen erleichtern und an sich schon eine derartige Behandlung darstellen kann,

in der Erkenntnis, dass Korruption, insbesondere auch in der Strafverfolgung und der Justiz, sich nachteilig auf den Kampf gegen Folter und andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe auswirken kann, unter anderem indem grundlegende Garantien ausgehöhlt und Opfer von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe daran gehindert werden, im Wege der Justiz wirksam Gerechtigkeit, Wiedergutma- chung und Entschädigung zu erlangen,

unter Betonung der Bedeutung von wirksamen Rechts- und Verfahrensgarantien in allen Phasen der Haft, darunter in frühen Phasen des Polizeigewahrsams, als wirksame Maßnahmen zur Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe, 3 Anerkennend, dass Frauen und Mädchen, denen die Freiheit entzogen ist, einem besonderen Ri- siko der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ausgesetzt sind, und in Anerkennung der Wichtigkeit der Verfolgung eines gendersensiblen Ansatzes bei der Bekämpfung von Folter und anderer grausamer, unmenschlicher oder ernied- rigender Behandlung oder Strafe, der dieses besondere Risiko und die spezifischen Bedürfnisse von Frauen und Mädchen berücksichtigt, indem insbesondere auf sexuelle Gewalt gegen Frauen und Mädchen sowie geschlechtsspezifische Gewalt gegen Frauen und Mädchen besonderes Au- genmerk gerichtet wird, und unter Berücksichtigung der Grundsätze der Vereinten Nationen für die Behandlung weiblicher Gefangener und für nicht freiheitsentziehende Maßnahmen für weib- liche Straffällige (Bangkok-Regeln),

in Erkenntnis der Wichtigkeit, bei der Bekämpfung von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe einen opferorientierten Ansatz zu verfolgen und bei der Politikentwicklung und anderen Tätigkeiten im Zusammenhang mit der Rehabilita- tion der Opfer, der Prävention von Folter und anderer grausamer, unmenschlicher oder ernied- rigender Behandlung oder Strafe und der Rechenschaft der Verantwortlichen die Auffassungen und spezifischen Bedürfnisse der Opfer und ihrer unmittelbaren Familienangehörigen besonders zu berücksichtigen,

in der Erkenntnis, dass die wirksame Bekämpfung von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe einen integrierten und opferorientierten Ansatz erfordert, der Prävention umfasst, den Zugang zur Justiz, Rechenschaftspflicht, Wiedergutmachung

135 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

und das einklagbare Recht auf gerechte und angemessene Entschädigung, wozu auch die Mittel zu einer möglichst vollständigen Rehabilitierung gehören,

in der Erkenntnis, dass die Teilnehmerstaaten im Einklang mit ihren internationalen Verpflich- tungen die Rechte und Menschenrechte aller Personen wahren beziehungsweise schützen müssen, denen die Freiheit entzogen ist, darunter diejenigen, denen die Todesstrafe droht,

bekräftigend, dass alle Personen, denen die Freiheit entzogen ist, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt werden, und in Anerkennung der Wich- tigkeit der laufenden Ergreifung geeigneter Maßnahmen zur Verbesserung der Haftbedingungen durch die Teilnehmerstaaten, um die Menschenrechte und die Würde dieser Personen besser zu achten, unter anderem indem sie die Umsetzung der Mindestgrundsätze der Vereinten Nationen für die Behandlung der Gefangenen (Nelson- Mandela-Regeln) oder ähnlicher Standards in Er- wägung ziehen,

unter Betonung der UNCAT-Vorschriften, dass alle Folterhandlungen, Folterversuche und Hand- lungen, die eine Mittäterschaft oder Beteiligung an einer Folterung darstellen, nach dem inner- staatlichen Strafrecht als Straftaten gelten und mit angemessenen Strafen bedroht werden müssen, die ihre Schwere berücksichtigen, und dass Informationen oder Geständnisse, die nachweislich aufgrund von Folter erlangt wurden, unter keinen Umständen in irgendeinem Verfahren als Be- weis verwendet werden dürfen, außer gegen eine der Folter angeklagte Person als Beweis dafür, dass diese Straftat stattgefunden hat,

in Anerkennung der Rolle, die internationale, regionale und nationale Präventionsmechanismen oder andere entsprechende Einrichtungen, darunter nationale Menschenrechtseinrichtungen, bei der wirksamen Verhütung von Folterhandlungen und anderen grausamen, unmenschlichen oder erniedrigenden Behandlungen oder Strafen spielen können, sowie der Wichtigkeit der Zusammen- arbeit mit internationalen Experten, die beauftragt sind, die Teilnehmerstaaten bei ihren Bemü- hungen um die Verhütung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe behilflich zu sein,

unter Betonung der Notwendigkeit, sicherzustellen, dass Behörden oder Amtsträger keine Sank- tions-, Vergeltungs- oder Einschüchterungsmaßnahmen gegenüber Personen, Gruppen oder Ver- einigungen zulassen oder dulden, die mit einem auf dem Gebiet der Verhütung und Bekämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe tätigen zuständigen nationalen oder internationalen Organ oder Mechanismus Kontakt aufneh- men, Kontakt aufzunehmen versuchen oder in Kontakt gestanden haben,

betonend, dass die nationalen Rechtssysteme sicherstellen müssen, dass die Opfer von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe wirksamen Zu- gang zur Justiz haben, darunter eine unverzügliche, unparteiische und wirksame Untersuchung, ohne für die Einreichung von Beschwerden oder den Auftritt als Zeugen Vergeltungsmaßnahmen ausgesetzt zu sein, und dass diese Opfer Wiedergutmachung erhalten und das einklagbare Recht auf gerechte und angemessene Entschädigung haben, wozu auch die Mittel zu einer möglichst voll- ständigen Rehabilitierung gehören,

mit dem Ausdruck der Anerkennung für die beharrlichen Bemühungen der Zivilgesellschaft, die auf nationaler und internationaler Ebene daran arbeitet, Folter und andere grausame, unmensch- liche oder erniedrigende Behandlung oder Strafe wirksam zu verhüten und zu bekämpfen und das Leid der Opfer zu lindern,

136 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

Unter Betonung der Wichtigkeit der Zusammenarbeit zwischen der OSZE und anderen interna- tionalen und regionalen Organisationen und Mechanismen zur Förderung der internationalen Zusammenarbeit und um wirksame Synergien zu erzielen und unnötige Überschneidungen zu verhindern, was wirksam zur Verhütung und Bekämpfung von Folter und anderer grausamer, un- menschlicher oder erniedrigender Behandlung oder Strafe beitragen kann, (…)

fordert die Teilnehmerstaaten auf:

1. das absolute Verbot aller Formen der Folter und anderer grausamer, unmenschlicher oder er- niedrigender Behandlung oder Strafe nach UNCAT zu wahren, dessen Bestimmungen vollstän- dig und nach Treu und Glauben umzusetzen und in voller Übereinstimmung mit allen seinen Grundsätzen zu handeln;

2. ihre Verpflichtungen nach dem UNCAT-Fakultativprotokoll (OPCAT) gegebenenfalls vollstän- dig umzusetzen und frühzeitig in Erwägung zu ziehen, OPCAT- Vertragsstaaten zu werden, falls sie dies noch nicht getan haben;

3. ihre Verpflichtungen nach dem ICPPED gegebenenfalls vollständig umzusetzen;

4. ihre Verpflichtungen aus den Genfer Konventionen von 1949 bezüglich des Verbots von Folter und grausamer, unmenschlicher, entwürdigender und erniedrigender Behandlung im Zusammen- hang mit bewaffneten Konflikten vollständig umzusetzen;

5. den Einsatz von Vernehmungsmethoden, die Folter und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen darstellen, auch zur Erzwingung einer Aussage oder ei- nes Geständnisses, einzustellen und von ihm abzusehen; 3 6. wirksame Rechts- und Verfahrensgarantien in allen Phasen der Haft, darunter in frühen Pha- sen des Polizeigewahrsams, umzusetzen;

7. die Garantien zum Schutz der Freiheit, der Sicherheit und der Würde der Person zu achten und sicherzustellen, dass lange Isolationshaft und geheime Haft- und Vernehmungsorte abgeschafft werden, angesichts der Tatsache, dass solche Haftbedingungen Folterungen und andere grausame, unmenschliche oder erniedrigende Behandlungen oder Strafen erleichtern und an sich schon eine derartige Behandlung darstellen können;

8. Alle Folterhandlungen, Versuche einer Folterung und Handlungen, die eine Beteiligung oder Mittäterschaft an einer Folterung darstellen, unter Einbezug der Definition von Folter nach Arti- kel 1 UNCAT zu Straftaten nach ihrem innerstaatlichen Strafrecht zu machen und sie mit ange- messenen Strafen zu belegen, welche die Schwere der Tat berücksichtigen, und die Verwendung von Aussagen oder eines Geständnisses, die durch Folter oder andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe herbeigeführt wurden, als Beweis in einem Verfah- ren zu verbieten, außer gegen eine der Folter angeklagte Person als Beweis dafür, dass diese Straf- tat stattgefunden hat;

137 3.1.3 Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung

ungerechtfertigte Verzögerung beantwortet wird und dass weder die verhaftete oder inhaftierte Person noch die Beschwerdeführer oder Zeugen Benachteiligungen oder Vergeltungsmaßnahmen wegen ihres Ersuchens, ihrer Beschwerde oder ihrer Beweisaussage ausgesetzt sind;

10. bei der Ausbildung von Strafvollzugs-, zivilem, militärischem und medizinischen Personal, öf- fentlichen Bediensteten und anderen Personen, die unter Umständen mit der Bewachung, der Ver- nehmung oder der Behandlung von Personen zu tun haben, die irgendeiner Form der Festnahme, der Haft oder des Freiheitsentzugs unterworfen sind, das Verbot der Folter und anderer grausa- mer, unmenschlicher oder erniedrigender Behandlung oder Strafe sowie gegebenenfalls den ver- hältnismäßigen Einsatz von Gewalt, alle zur Verfügung stehenden modernen wissenschaftlichen Methoden für die Untersuchung von Verbrechen und die wesentliche Bedeutung der Meldung von Fällen von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe bei der vorgesetzten Dienststelle zu behandeln;

11. die Bemühungen einschlägiger nationaler Akteure wie der nationalen Präventionsmechanismen, nationalen Menschenrechtseinrichtungen oder anderer nationaler Organe oder Mechanismen, die auf dem Gebiet der Verhütung und Bekämpfung von Folter und anderer grausamer, unmensch- licher oder erniedrigender Behandlung oder Strafe tätig sind, zu unterstützen und, in Bezug auf diejenigen Teilnehmerstaaten, die OPCAT ratifiziert haben, ihre Verpflichtung zu erfüllen, nati- onale Mechanismen zur Verhütung von Folter zu bestimmen und zu errichten, die unabhängig, mit angemessenen Mitteln ausgestattet und wirksam sind;

12. die vollständige und laufende Zusammenarbeit der Regierungen, im Einklang mit ihren ent- sprechenden Verpflichtungen nach dem Völkerrecht, mit geeigneten internationalen Präventi- onsorganen oder -mechanismen wie dem Ausschuss gegen Folter der Vereinten Nationen, dem Unterausschuss zur Verhütung von Folter und anderer grausamer, unmenschlicher oder ernied- rigender Behandlung oder Strafe und dem Europäischen Komitee zur Verhütung von Folter un- menschlicher oder erniedrigender Behandlung oder Strafe sowie mit einschlägigen nationalen Organen wie nationalen Menschenrechtseinrichtungen sicherzu-stellen, unter anderem durch die Gewährung des uneingeschränkten Zugangs zu Haftorten, wenn ein solcher Zugang für einen Teil- nehmerstaaten eine Verpflichtung nach dem Völkerrecht darstellt;

13. im Einklang mit den Verpflichtungen der Teilnehmerstaaten nach dem humanitären Völkerrecht vollumfänglich mit dem Internationalen Komitee vom Roten Kreuz (IKRK) zusammenzuarbeiten;

14. sicherzustellen, dass zuständige und unabhängige innerstaatliche Behörden alle Anschuldigun- gen betreffend Folter oder andere grausame, unmenschliche oder erniedrigende Behandlung oder Strafe sowie alle Fälle, in denen ein hinreichender Grund für die Annahme besteht, dass eine sol- che Handlung begangen wurde, umgehend, wirksam und unparteiisch untersuchen, und sicher- zustellen, dass Beschwerdeführer und Zeugen vor Misshandlungen und Einschüchterungen wegen ihrer Beschwerde oder ihrer Aussage geschützt sind;

15. sicherzustellen, dass diejenigen, die zu Folterhandlungen und anderen grausamen, unmensch- lichen oder erniedrigenden Behandlungen oder Strafen ermutigen, dazu anstiften, sie anordnen, dulden, zulassen, ihnen zustimmen oder sie verüben, einschließlich der Amtsträger, die für den Haftort oder anderen Ort der Freiheitsentziehung, an dem die verbotene Handlung nachweislich stattfand, verantwortlich sind, zur Verantwortung gezogen, vor Gericht gestellt und in einer der Schwere der Straftat angemessenen Weise bestraft werden;

16. Für eine Wiedergutmachung für Opfer von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu sorgen, unter anderem durch wirksame Rechtsbehelfe

138 3.1.4 Schutz vor willkürlicher Festnahme oder Inhaftierung

und angemessene, wirksame und rasche Wiedergutmachung, die Rückerstattung, gerechte und angemessene Entschädigung, Rehabilitation, Genugtuung und Garantien der Nichtwiederholung umfassen sollte, unter voller Berücksichtigung der konkreten Bedürfnisse des Opfers;

17. dafür zu sorgen, dass für alle Opfer ohne jegliche Diskriminierung angemessene Rehabilitati- onsdienste rasch verfügbar sind, und wirksame Maßnahmen zu treffen, um für ein sicheres und förderliches Umfeld für den Zugang zu und die Bereitstellung von Rehabilitationsleistungen für Opfer von Folter zu sorgen;

18. die Ausarbeitung von Maßnahmen zur Unterstützung aller von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe betroffenen Personen zu erwägen, Kinder und andere unmittelbare Familienangehörige der Opfer eingeschlossen;

19. die Verbreitung von Informationen für Opfer über die Verfügbarkeit von Rehabilitationsleis- tungen zu fördern und sicherzustellen, dass die Rehabilitationsverfahren transparent sind;

20. die Bemühungen von zivilgesellschaftlichen Organisationen, die an der Verhütung und Be- kämpfung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe arbeiten, zu unterstützen und gegebenenfalls ihren aktiven Beitrag zu ermöglichen so- wie von ihnen bereitgestellte Informationen bei mutmaßlichen Fällen der Folter und anderer grau- samer, unmenschlicher oder erniedrigender Behandlung oder Strafe zu nutzen;

21. geeignete und wirksame gesetzgeberische, verwaltungsmäßige, gerichtliche und sonstige Maß- nahmen zu ergreifen, um die Herstellung, den Handel, die Ausfuhr, die Einfuhr und den Einsatz von Gerät, das keinem anderen praktischen Zweck als dem der Folter oder einer anderen grausamen, unmenschlichen oder erniedrigenden Behandlung oder Strafe dient, zu verhüten und zu verbieten;

22. Die Beratung, das Fachwissen und die technische Hilfe des ODIHR im Bereich der Verhütung und Bekämpfung von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Be- 3 handlung oder Strafe weiterhin zu nutzen oder ihre Nutzung zu erwägen.

3.1.4 Schutz vor willkürlicher Festnahme oder Inhaftierung

Siehe auch: II. 2.4.1: Rechtsstaatlichkeit > Allgemeine Bestimmungen II. 2.4.3 B: Behandlung von Personen im Freiheitsentzug II. 3.1.3: Verbot von Folter und anderer grausamer, unmenschlicher oder erniedrigender Be- handlung II. 3.1.5: Recht auf ein faires Verfahren II. 3.1.6: Recht auf einen wirksamen Rechtsbehelf

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(23) Die Teilnehmerstaaten werden (23.1) – gewährleisten, daß niemand willkürlich festgenommen, in Haft gehalten oder des Lan- des verwiesen wird; (…)

139 3.1.4 Schutz vor willkürlicher Festnahme oder Inhaftierung

Kopenhagen 1990

(5.15) – Jeder, der unter dem Vorwurf einer strafbaren Handlung festgenommen worden ist oder in Haft gehalten wird, hat das Recht, zur Entscheidung über die Rechtmäßigkeit seiner Festnahme oder Haft unverzüglich einem Richter oder einer anderen gesetzlich zur Ausübung dieser Funk- tion ermächtigten Amtsperson vorgeführt zu werden; (…)

Moskau 1991

(23.1) Die Teilnehmerstaaten werden gewährleisten, daß (i) ein Freiheitsentzug nur dann erfolgt, wenn die im Gesetz dafür vorgesehenen Gründe vor- liegen und die gesetzlich festgelegten Verfahren eingehalten werden; (ii) jeder Festgenommene umgehend in einer ihm verständlichen Sprache über die Gründe sei- ner Festnahme informiert und gegebenenfalls über die ihm zur Last gelegten Tatbestände auf- geklärt wird; (iii) jede ihrer Freiheit beraubte Person umgehend über die ihr nach dem Recht des jeweiligen Staates zustehenden Rechte informiert wird; (iv) jede Person, die festgenommen oder in Haft gehalten wird, das Recht hat, unverzüglich ei- nem Richter oder einem anderen gesetzlich befugten Beamten vorgeführt zu werden, damit über die Rechtmäßigkeit ihrer Festnahme oder Inhaftierung entschieden werden kann, und sie un- verzüglich freigelassen wird, wenn sich die Festnahme oder Inhaftierung als ungerechtfertigt erweist; (…) (vi) jeder Festgenommene oder Inhaftierte das Recht hat, geeignete Personen seiner Wahl von seiner Festnahme, Inhaftierung, Haft und von seinem Aufenthaltsort ohne ungebührliche Ver- zögerung zu verständigen oder die zuständige Behörde zu ersuchen, eine solche Verständigung vorzunehmen; jegliche Beschränkung bei der Ausübung dieses Rechts ist durch das Gesetz und in Übereinstimmung mit internationalen Normen festzulegen; (vii) wirksame Maßnahmen ergriffen werden, sofern dies noch nicht geschehen ist, um zu ver- hindern, daß Vollzugsorgane die Lage von Festgenommenen oder Inhaftierten zur Erzwingung von Geständnissen oder sonstigen Selbstbeschuldigungen oder von Aussagen gegen andere Per- sonen ausnutzen; (viii) die Dauer jedes Verhörs und die dazwischenliegenden Zeitabstände entsprechend der je- weiligen innerstaatlichen Rechtsordnung in beglaubigter Form festgehalten werden; (ix) ein Festgenommener oder sein Rechtsbeistand das Recht haben, bei den für die Verwaltung des Aufenthaltsortes des Inhaftierten zuständigen Behörden und bei übergeordneten Behörden – erforderlichenfalls bei Beschwerde- und Rechtsmittelinstanzen – Ersuchen oder Beschwerden hinsichtlich seiner Behandlung vorzubringen, insbesondere im Falle von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung; (x) ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfer- tigte Verzögerung beantwortet wird. Wenn das Ersuchen oder die Beschwerde zurückgewiesen oder unbegründet verzögert wird, ist der Beschwerdeführer berechtigt, sein Anliegen bei einer gerichtlichen oder anderen Instanz vorzubringen; weder dem Festgenommenen oder Inhaftierten noch irgendeinem Beschwerdeführer dürfen aufgrund eines Ersuchens oder einer Beschwerde Nachteile erwachsen;

140 3.1.5 Recht auf ein faires Verfahren

(xi) jeder, der Opfer einer ungerechtfertigten Festnahme oder Inhaftierung wurde, einen recht- lich durchsetzbaren Anspruch auf Entschädigung geltend machen kann.

3.1.5 Recht auf ein faires Verfahren

Siehe auch: II. 2.4: Rechtsstaatlichkeit II. 3.1.4: Schutz vor willkürlicher Festnahme oder Inhaftierung II. 3.1.6: Recht auf einen wirksamen Rechtsbehelf

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] (…) werden (…) (13.9) gewährleisten, daß jenen Personen, die eine Verletzung ihrer Menschenrechte und Grundfreiheiten geltend machen, wirksame Rechtsmittel sowie vollständige Informationen darüber zur Verfügung stehen; sie werden unter anderem folgende Rechtsmittel effektiv anwenden: • Das Recht des einzelnen, mit Eingaben an Vollzugs-, Gesetzgebungs-, Gerichts oder Verwal- tungsorgane Abhilfe zu suchen; • das Recht auf eine gerechte und öffentliche Verhandlung vor einem unabhängigen und unpar- teiischen Gericht innerhalb einer angemessenen Frist, einschließlich des Rechts, rechtliche Be- gründungen vorzulegen und durch einen Rechtsbeistand eigener Wahl vertreten zu werden; • das Recht, unverzüglich und auf amtlichem Wege über jede Entscheidung, die auf eine Beru- fung hin getroffen wurde, benachrichtigt zu werden, unter anderem auch über die gesetzlichen Grundlagen, auf deren Basis die Entscheidung erfolgte. Diese Benachrichtigung ist in der Regel schriftlich zu geben, jedenfalls aber so, daß der Betroffene in der Lage ist, von weiteren verfüg- baren Rechtsmitteln wirksamen Gebrauch zu machen. 3

Kopenhagen 1990

(5) [Die Teilnehmerstaaten] erklären feierlich, daß unter den Elementen, die die Gerechtigkeit aus- machen, die folgenden wesentlich für den umfassenden Ausdruck der dem Menschen innewoh- nenden Würde und der für alle Menschen gleichen und unveräußerlichen Rechte sind: (…) (5.12) Die Unabhängigkeit der Richter und das unparteiische Wirken der rechtsprechenden Ge- walt werden gewährleistet; (5.13) Die Unabhängigkeit der Anwaltschaft wird anerkannt und geschützt, insbesondere hinsicht- lich der Zulassung und der Berufsausübung; (5.14) Die Strafverfahrensregeln werden die Zuständigkeit im Rahmen der Strafverfolgung sowie für die dieser vorhergehenden und parallel zu dieser erfolgenden Maßnahmen eindeutig festlegen; (5.15) Jeder, der unter dem Vorwurf einer strafbaren Handlung festgenommen worden ist oder in Haft gehalten wird, hat das Recht, zur Entscheidung über die Rechtmäßigkeit seiner Festnahme oder Haft unverzüglich einem Richter oder einer anderen gesetzlich zur Ausübung dieser Funk- tion ermächtigten Amtsperson vorgeführt zu werden;

141 3.1.5 Recht auf ein faires Verfahren

(5.16) Jeder hat Anspruch darauf, daß über eine gegen ihn erhobene strafrechtliche Anklage oder seine zivilrechtlichen Ansprüche und Verpflichtungen durch ein zuständiges, unabhängiges, un- parteiisches und auf Gesetz beruhendes Gericht in billiger Weise und öffentlich verhandelt wird; (5.17) Jede gerichtlich verfolgte Person hat das Recht, sich selbst zu verteidigen oder durch einen umgehend beigezogenen Verteidiger ihrer Wahl verteidigen zu lassen oder, wenn ihr die Mittel zur Bezahlung eines Verteidigers fehlen, unentgeltlich verteidigt zu werden, wenn dies im Inter- esse der Rechtspflege erforderlich ist; (5.18) Niemand wird einer Straftat beschuldigt, angeklagt oder für diese verurteilt, wenn diese nicht Gegenstand eines Gesetzes ist, in dem der entsprechende Tatbestand klar und genau beschrieben ist; (5.19) Jeder wird bis zum gesetzlichen Nachweis seiner Schuld als unschuldig angesehen; (…)

(12) Die Teilnehmerstaaten, von dem Wunsche geleitet, eine größere Transparenz bei der Durch- führung der im Abschließenden Dokument von Wien unter der Überschrift Menschliche Dimen- sion der KSZE eingegangenen Verpflichtungen sicherzustellen, beschließen, als vertrauensbildende Maßnahme von Teilnehmerstaaten entsandte Beobachter sowie Vertreter nichtstaatlicher Orga- nisationen und andere interessierte Personen gemäß den nationalen Rechtsvorschriften und dem Völkerrecht zu Gerichtsverfahren zuzulassen; es gilt als vereinbart, daß Verhandlungen unter Aus- schluß der Öffentlichkeit nur unter den im Gesetz vorgesehenen Umständen und in Einklang mit völkerrechtlichen und anderen internationalen Verpflichtungen stattfinden dürfen.

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat, (…)

in der Erkenntnis, dass Rechtsstaatlichkeit auf der Achtung international anerkannter Menschen- rechte beruhen muss, einschließlich des Rechts auf ein faires Gerichtsverfahren, des Rechts auf ein wirksames Rechtsmittel und des Rechts, nicht willkürlich festgenommen oder in Haft gehal- ten zu werden,

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

142 3.1.6 Recht auf einen wirksamen Rechtsbehelf

• (…) effiziente Rechtspflege, Recht auf ein faires Verfahren, Anspruch auf Zugang zu einem Ge- richt, Rechenschaftspflicht staatlicher Institutionen und Beamter, Achtung der Rechtsstaatlich- keit in der öffentlichen Verwaltung, Anspruch auf rechtlichen Beistand (…)

3.1.6 Recht auf einen wirksamen Rechtsbehelf

Siehe auch: II. 2.4: Rechtsstaatlichkeit II. 3.1.4: Schutz vor willkürlicher Festnahme oder Inhaftierung II. 3.1.5: Recht auf ein faires Verfahren

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(13) (…) [die Teilnehmerstaaten] (…) werden (…) (13.9) – gewährleisten, daß jenen Personen, die eine Verletzung ihrer Menschenrechte und Grund- freiheiten geltend machen, wirksame Rechtsmittel sowie vollständige Informationen darüber zur Verfügung stehen; sie werden unter anderem folgende Rechtsmittel effektiv anwenden: • Das Recht des einzelnen, mit Eingaben an Vollzugs-, Gesetzgebungs-, Gerichts oder Verwal- tungsorgane Abhilfe zu suchen; • das Recht auf eine gerechte und öffentliche Verhandlung vor einem unabhängigen und unpar- teiischen Gericht innerhalb einer angemessenen Frist, einschließlich des Rechts, rechtliche Be- gründungen vorzulegen und durch einen Rechtsbeistand eigener Wahl vertreten zu werden; • das Recht, unverzüglich und auf amtlichem Wege über jede Entscheidung, die auf eine Beru- fung hin getroffen wurde, benachrichtigt zu werden, unter anderem auch über die gesetzlichen Grundlagen, auf deren Basis die Entscheidung erfolgte. Diese Benachrichtigung ist in der Regel schriftlich zu geben, jedenfalls aber so, daß der Betroffene in der Lage ist, von weiteren verfüg- 3 baren Rechtsmitteln wirksamen Gebrauch zu machen.

Kopenhagen 1990

(5) [Die Teilnehmerstaaten] erklären feierlich, daß unter den Elementen, die die Gerechtigkeit aus- machen, die folgenden wesentlich für den umfassenden Ausdruck der dem Menschen innewoh- nenden Würde und der für alle Menschen gleichen und unveräußerlichen Rechte sind: (5.10) Jedermann verfügt über ein wirksames Rechtsmittel gegen Entscheidungen der Verwal- tung, so daß die Achtung der Grundrechte sichergestellt und die Rechtssicherheit gewährleistet ist; (5.11) Verwaltungsentscheidungen gegen eine Person müssen zur Gänze zu rechtfertigen sein und in der Regel die verfügbaren üblichen Rechtsmittel anführen; (…) (5.21) Als Ergänzung der internen Rechtsmittel und um die Einhaltung der von den Teilnehmer- staaten eingegangenen internationalen Verpflichtungen wirksamer zu gewährleisten, werden sie erwägen, einer internationalen Konvention mit regionalem oder universellem Charakter über den Schutz der Menschenrechte wie der Europäischen Menschenrechtskonvention oder dem Fa- kultativprotokoll zum Internationalen Pakt über bürgerliche und politische Rechte beizutreten, die Verfahren der Rechtsmitteleinlegung durch einzelne vor internationalen Instanzen vorsehen. (…)

143 3.1.6 Recht auf einen wirksamen Rechtsbehelf

(11) er bekräftigen die Teilnehmerstaaten, daß dort, wo es zu Verletzungen von Menschenrech- ten und Grundfreiheiten gekommen sein soll, unter anderem folgende wirksame Rechtsmittel zur Verfügung stehen (11.1) das Recht des einzelnen, angemessenen Rechtsbeistand zu suchen und zu erhalten; (11.2) das Recht des einzelnen, zur Verteidigung der Menschenrechte und Grundfreiheiten die Hilfe anderer zu suchen und in Anspruch zu nehmen und anderen bei der Verteidigung der Men- schenrechte und Grundfreiheiten beizustehen; (11.3) das Recht von Einzelpersonen bzw. Gruppen, die in deren Namen handeln, mit interna- tionalen Gremien Verbindung aufzunehmen, die für die Entgegennahme und die Prüfung von Informationen über angebliche Mißstände auf dem Gebiet der Menschenrechte zuständig sind. (…)

(40) Die Teilnehmerstaaten (…) werden (…) (40.5) das Recht des einzelnen auf wirksame Rechtsmittel anerkennen und sich in Einklang mit den nationalen Rechtsvorschriften bemühen, das Recht betroffener Personen und Gruppen an- zuerkennen, Beschwerden wegen diskriminierender Handlungen einschließlich Handlungen aus Rassen- und Fremdenhaß einzulegen und zu unterstützen;

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir werden gewährleisten, daß dem einzelnen wirksame innerstaatliche wie völkerrechtliche Rechtsmittel gegen jede Verletzung seiner Rechte zur Verfügung stehen.

Moskau 1991

(18.2) Jedermann verfügt über ein wirksames Rechtsmittel gegen Entscheidungen der Verwal- tung, so daß die Achtung der Grundrechte sichergestellt und die Rechtssicherheit gewährleistet ist; (18.3) Zu diesem Zweck werden gegen Verordnungen der Verwaltung wirksame Rechtsmittel für dadurch betroffene Einzelpersonen bestehen. (18.4) Die Teilnehmerstaaten werden bestrebt sein, für eine gerichtliche Überprüfung solcher Ver- ordnungen und Entscheidungen zu sorgen.

Laibach 2005 (Beschluss Nr. 12/05 über die Einhaltung der Menschenrechte und der Rechtsstaatlichkeit in Systemen der Strafrechtspflege)

Der Ministerrat, (…)

in der Erkenntnis, dass Rechtsstaatlichkeit auf der Achtung international anerkannter Menschen- rechte beruhen muss, einschließlich des Rechts auf ein faires Gerichtsverfahren, des Rechts auf ein wirksames Rechtsmittel und des Rechts, nicht willkürlich festgenommen oder in Haft gehal- ten zu werden, (…)

144 3.1.7 Wehrdienstverweigerung aus Gewissensgründen und Ersatzdienst

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

3.1.7 Wehrdienstverweigerung aus Gewissensgründen und Ersatzdienst

Kopenhagen 1990

(18) Die Teilnehmerstaaten (18.1) stellen fest, daß die Menschenrechtskommission der Vereinten Nationen das Recht jedes ein- zelnen auf Wehrdienstverweigerung aus Gewissensgründen anerkannt hat; (18.2) nehmen Kenntnis von den jüngsten Maßnahmen, die in einer Reihe von Teilnehmerstaaten die Freistellung von der Wehrpflicht aus Gewissensgründen erlauben; (18.3) nehmen Kenntnis von den Aktivitäten verschiedener nichtstaatlicher Organisationen; (18.4) sind bereit, wo dies noch nicht geschehen ist, die Einführung verschiedener Formen des Er- satzdienstes zu erwägen, die mit den für die Wehrdienstverweigerung geltend gemachten Gewissens- gründen vereinbar sind, wobei diese Arten des Ersatzdienstes grundsätzlich nicht-kriegsdienstlicher 3 bzw. ziviler Natur sind, im Interesse der Öffentlichkeit stehen und keinen Strafcharakter haben; (18.5) werden der Öffentlichkeit Informationen zu dieser Frage zur Verfügung stellen; (18.6) werden im Rahmen der Konferenz über die Menschliche Dimension die einschlägigen Fra- gen betreffend die Freistellung von Einzelpersonen von der Wehrpflicht, wo eine solche besteht, auf der Grundlage der Verweigerung des Dienstes mit der Waffe aus Gewissensgründen weiter- verfolgen und Informationen zu diesen Fragen austauschen.

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

28. Die Teilnehmerstaaten werden in ihren Gesetzen oder anderen einschlägigen Dokumenten die Rechte und Pflichten der Angehörigen der Streitkräfte festhalten. Sie werden die Einführung von Freistellungen vom Militärdienst oder Alternativen dazu in Erwägung ziehen.

145 3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit

3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzip VII)

Die Teilnehmerstaaten werden die Menschenrechte und Grundfreiheiten, einschließlich der Ge- danken-, Gewissens-, Religions- oder Überzeugungsfreiheit für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion achten. (…)

In diesem Rahmen werden die Teilnehmerstaaten die Freiheit des Individuums anerkennen und achten, sich allein oder in Gemeinschaft mit anderen zu einer Religion oder einer Überzeugung in Übereinstimmung mit dem, was sein Gewissen ihm gebietet, zu bekennen und sie auszuüben.

Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen)

Die Teilnehmerstaaten (…) bestätigen, daß religiöse Bekenntnisse, Institutionen und Organisa- tionen, die im verfassungsmäßigen Rahmen der Teilnehmerstaaten wirken, sowie ihre Vertreter in den Bereichen ihrer Tätigkeit untereinander Kontakte und Treffen haben sowie Informationen austauschen können.

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Die Teilnehmerstaaten (…) sich allein oder in Gemeinschaft mit anderen zu einer Religion oder Überzeugung in Übereinstimmung mit dem, was sein Gewissen ihm gebietet, zu bekennen und diese auszuüben; außerdem kommen sie überein, die zu deren Gewährleistung erforderlichen Maßnahmen zu ergreifen.

In diesem Zusammenhang werden sie, wann immer erforderlich, religiöse Bekenntnisse, Insti- tutionen und Organisationen, die im verfassungsmäßigen Rahmen ihres jeweiligen Landes wir- ken, konsultieren.

Sie werden Anträge religiöser Gemeinschaften von Gläubigen, die im verfassungsmäßigen Rahmen ihres Staates wirken oder zu wirken bereit sind, den Status zu erhalten, der in ihrem jeweiligen Land für religiöse Bekenntnisse, Institutionen und Organisationen vorgesehen ist, wohlwollend prüfen.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien) (…)

(11) [Die Teilnehmerstaaten] bestätigen, daß sie die Menschenrechte und Grundfreiheiten, ein- schließlich der Gedanken-, Gewissens-, Religions- oder Überzeugungsfreiheit, für alle ohne Un- terschied der Rasse, des Geschlechts, der Sprache oder der Religion achten werden. Sie bestätigen ferner die universelle Bedeutung der Menschenrechte und Grundfreiheiten, deren Achtung ein wesentlicher Faktor für Frieden, Gerechtigkeit und Sicherheit ist, die ihrerseits erforderlich sind, um die Entwicklung freundschaftlicher Beziehungen und der Zusammenarbeit zwischen ihnen sowie zwischen allen Staaten zu gewährleisten. (…)

146 3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit

(16) Um die Freiheit des einzelnen zu gewährleisten, sich zu seiner Religion oder Überzeugung zu bekennen und diese auszuüben, werden die Teilnehmerstaaten unter anderem (16.1) wirksame Maßnahmen ergreifen, um eine auf Religion oder Überzeugung gegründete Dis- kriminierung gegen Personen oder Gemeinschaften in Anerkennung, Ausübung und Genuß von Menschenrechten und Grundfreiheiten in allen Bereichen des zivilen, politischen, wirtschaftlichen, sozialen und kulturellen Lebens zu verhindern und zu beseitigen und die tatsächliche Gleichheit zwischen Gläubigen und Nichtgläubigen zu gewährleisten; (16.2) eine Atmosphäre gegenseitiger Toleranz und Achtung zwischen Gläubigen verschiedener Gemeinschaften ebenso wie zwischen Gläubigen und Nichtgläubigen schaffen; (16.3) religiösen Gemeinschaften von Gläubigen, die im verfassungsmäßigen Rahmen ihres Staa- tes wirken oder zu wirken bereit sind, auf ihren Antrag hin die Anerkennung jenes Status einräu- men, der in ihrem jeweiligen Land für sie vorgesehen ist; (16.4) das Recht dieser religiösen Gemeinschaften achten • frei zugängliche Andachts- und Versammlungsorte einzurichten und zu erhalten, • sich nach ihrer eigenen hierarchischen und institutionellen Struktur zu organisieren, • ihr Personal in Übereinstimmung mit ihren jeweiligen Erfordernissen und Normen sowie mit etwaigen zwischen ihnen und ihrem Staat freiwillig vereinbarten Regelungen auszuwählen, zu ernennen und auszutauschen, • freiwillige Beiträge in finanzieller oder anderer Form zu erbitten und entgegenzunehmen; (16.5) Konsultationen mit Vertretern religiöser Bekenntnisse, Institutionen und Organisationen aufnehmen, um ein besseres Verständnis für die Erfordernissen der Religionsfreiheit zu erreichen; (16.6) das Recht eines jeden achten, Religionsunterricht in der Sprache seiner Wahl einzeln oder in Gemeinschaft mit anderen zu erteilen und zu erhalten; (16.7) in diesem Zusammenhang unter anderem die Freiheit der Eltern achten, die religiöse und 3 sittliche Erziehung ihrer Kinder in Übereinstimmung mit ihren eigenen Überzeugungen sicher- zustellen; (16.8) die Ausbildung von Personal religiöser Gemeinschaften in geeigneten Institutionen gestatten; (16.9) das Recht von einzelnen Gläubigen und Glaubensgemeinschaften achten, religiöse Bücher und Veröffentlichungen in der Sprache ihrer Wahl sowie andere, der Ausübung einer Religion oder Überzeugung dienende Gegenstände und Materialien zu erwerben, zu besitzen und zu verwenden, (16.10) religiösen Bekenntnissen, Institutionen und Organisationen die Herstellung, Einfuhr und Verbreitung religiöser Veröffentlichungen und Materialien gestatten; (16.11) das Interesse religiöser Gemeinschaften, am öffentlichen Dialog einschließlich mittels Mas- senmedien teilzunehmen, wohlwollend prüfen.

(17) Teilnehmerstaaten erkennen an, daß die Ausübung der obenerwähnten Rechte hinsichtlich der Religions- und Glaubensfreiheit nur solchen Einschränkungen unterliegen darf, die im Gesetz verankert sind und mit ihren völkerrechtlichen und anderen internationalen Verpflichtungen in Einklang stehen. Sie werden in ihren Gesetzen und Verordnungen und bei deren Anwendung die vollständige und tatsächliche Verwirklichung der Gedanken-, Gewissens-, Religions- und Glau- bensfreiheit gewährleisten. (…)

(32) Sie werden es Gläubigen, religiösen Bekenntnissen und deren Vertretern gestatten, im In- und Ausland in Gruppen oder einzeln direkte persönliche Kontakte und Verbindungen untereinander

147 3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit

aufzunehmen und zu pflegen, unter anderem durch Reisen, Pilgerfahrten und die Teilnahme an Versammlungen und anderen religiösen Veranstaltungen. In diesem Zusammenhang und im Ein- klang mit solchen Kontakten und Veranstaltungen ist es den betreffenden Personen gestattet, re- ligiöse Publikationen und Gegenstände, die mit der Ausübung ihrer Religion oder ihres Glaubens im Zusammenhang stehen, zu erwerben, zu erhalten und mit sich zu führen.

Kopenhagen 1990

Teilnehmerstaaten bekräftigen, daß

(9.4) jedermann Anspruch auf Gedanken-, Gewissens- und Religionsfreiheit hat; Dieses Recht umfaßt die Freiheit des einzelnen zum Wechsel der Religion oder der Weltanschauung sowie die Freiheit, seine Religion oder Weltanschauung einzeln oder in Gemeinschaft mit anderen öffent- lich oder privat, durch Gottesdienst, Unterricht, durch die Ausübung und Beachtung religiöser Bräuche auszuüben. Die Ausübung dieser Rechte darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit internationalen Standards in Einklang stehen; (…)

(32) (…) Angehörige nationaler Minderheiten haben das Recht, ihre ethnische, kulturelle, sprach- liche und religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und weiterzuentwickeln, und ihre Kultur in all ihren Aspekten zu erhalten und zu entwickeln, frei von jeglichen Versuchen, gegen ihren Willen assimiliert zu werden. Insbesondere haben sie das Recht (…) (32.3) sich zu ihrer Religion zu bekennen und diese auszuüben, einschließlich des Erwerbs und Besitzes sowie der Verwendung religiösen Materials, und den Religionsunterricht in ihrer Mut- tersprache abzuhalten; (…)

(33) Die Teilnehmerstaaten werden die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten auf ihrem Territorium schützen und Bedingungen für die Förderung dieser Identität schaffen. Sie werden diesbezüglich die notwendigen Maßnahmen ergreifen, und zwar nach entsprechenden Konsultationen in Einklang mit den Entscheidungsverfahren des je- weiligen Staates, wobei diese Konsultationen Kontakte mit Organisationen oder Vereinigungen solcher Minderheiten einschließen.

Jede dieser Maßnahmen wird mit den Prinzipien der Gleichheit und Nicht-Diskriminierung in bezug auf die anderen Bürger des betreffenden Teilnehmerstaates in Einklang stehen. (…)

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

27. Unter Bekräftigung ihrer Verpflichtung, Gewissens- und Religionsfreiheit zu gewährleisten und eine Atmosphäre gegenseitiger Toleranz und Achtung zwischen Gläubigen unterschiedlicher Gemeinschaften sowie zwischen Gläubigen und Nichtgläubigen zu fördern, brachten sie ihre Be- sorgnis über den Mißbrauch der Religion für aggressive nationalistische Ziele zum Ausdruck.

148 3.1.8 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

9. bekräftigt die Bedeutung der Gedanken-, Gewissens-, Religions- und Überzeugungsfreiheit und verurteilt jede Diskriminierung und Gewalt, auch gegen jegliche religiöse Gruppe oder einzelne Gläubige; verpflichtet sich, die Freiheit des Individuums, sich allein oder in Gemeinschaft mit an- deren zu einer Religion oder einer Überzeugung zu bekennen und sie auszuüben, zu achten und zu erleichtern, bei Bedarf durch transparente und nichtdiskriminierende Gesetze, Verordnun- gen, Praktiken und politische Richtlinien; ermutigt die Teilnehmerstaaten, die Hilfe des BDIMR und seines Expertenbeirats für Religions- und Glaubensfreiheit in Anspruch zu nehmen; verweist nachdrücklich darauf, dass zur Förderung von mehr Toleranz, gegenseitiger Achtung und des Ver- ständnisses füreinander ein ständiger und verstärkter Dialog zwischen den Religionen und Kul- turen von großer Bedeutung ist;

Astana 2010

7. Vor uns liegen noch immer schwerwiegende Bedrohungen und große Heraus-forderungen. (…) Größere Anstrengungen müssen zur Förderung der Religions- und Glaubensfreiheit und zur Be- kämpfung von Intoleranz und Diskriminierung unternommen werden. (…)

Kiew 2013 (Beschluss Nr. 3/13 Gedanken-, Gewissens-, Religions- und Glaubensfreiheit) (…)

in Bekräftigung früherer KSZE/OSZE-Beschlüsse zur Gedanken-, Gewissens-, Religions- und Glaubensfreiheit, (…),

entschlossen, die Achtung und Verwirklichung der Gedanken-, Gewissens-, Religions- und Glau- bensfreiheit für alle zu gewährleisten, 3 betonend, dass jeder Mensch Anspruch auf Gedanken-, Gewissens-, Religions- und Glaubensfrei- heit hat und dieses Recht auch die Freiheit einschließt, eine Religion oder Weltanschauung seiner Wahl zu haben oder anzunehmen oder keiner Religion oder Weltanschauung anzuhängen, seine Religion oder Weltanschauung zu wechseln, sowie die Freiheit, sich zu seiner Religion oder Welt- anschauung allein oder in Gemeinschaft mit anderen, öffentlich oder privat, durch Lehre, Aus- übung, Gottesdienst sowie Bräuche und Riten zu bekennen. Das Recht auf Ausübung der Religion oder Weltanschauung darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit internationalen Standards im Einklang stehen,

in Bekräftigung der Verpflichtung der Teilnehmerstaaten, das Recht jeder Person auf Gedanken-, Gewissens-, Religions- und Glaubensfreiheit zu achten, zu schützen und zu gewährleisten,

unter Betonung des engen Zusammenhangs zwischen Sicherheit und der uneingeschränkten Ach- tung der Gedanken-, Gewissens-, Religions- und Glaubensfreiheit,

zutiefst besorgt über fortgesetzte Handlungen von Intoleranz und Gewalt gegen Personen und Re- ligions- oder Glaubensgemeinschaften wegen deren Gesinnung, Einstellung, Religion oder Welt- anschauung auf der ganzen Welt,

betonend, dass die Gedanken-, Gewissens-, Religions- und Glaubensfreiheit und alle anderen Menschenrechte und Grundfreiheiten in engem Zusammenhang stehen und einander bedingen und verstärken,

149 3.1.9 Vereinigungsfreiheit und Recht auf friedliche Versammlung

Die Wichtigkeit betonend, ein Klima der gegenseitigen Toleranz und Achtung zwischen den Gläu- bigen verschiedener Gemeinschaften sowie zwischen Gläubigen und Nichtgläubigen zu fördern,

ruft die Teilnehmerstaaten dazu auf: • die OSZE-Verpflichtungen hinsichtlich der Gedanken-, Gewissens-, Religions- und Glaubens- freiheit vollständig umzusetzen; • Ihre Verpflichtung, das Recht jeder Person, ihre Religion oder Weltanschauung allein oder in Ge- meinschaft mit anderen, öffentlich oder privat, zu bekunden und zu praktizieren und sich durch Lehre, Ausübung, Gottesdienst und die Ausübung und Beachtung religiöser Bräuche zu ihrer Re- ligion oder Weltanschauung zu bekennen, vollständig umzusetzen, unter anderem durch trans- parente und nichtdiskriminierende Gesetze, Vorschriften, Verfahren und politische Strategien; • Es zu unterlassen, die Religionsausübung oder Bekundung der Weltanschauung von Personen oder Religionsgemeinschaften durch Bestimmungen einzuschränken, die im Widerspruch zu den in der OSZE eingegangenen Verpflichtungen und den internationalen Verpflichtungen stehen; • Einen offenen und transparenten Dialog und Partnerschaften zwischen Glaubensrichtungen und Religionsbekenntnissen zu fördern und zu erleichtern; • Sich darum zu bemühen, Intoleranz, Gewalt und Diskriminierung aufgrund der Religion oder Weltanschauung – sei es gegenüber Christen, Juden, Muslimen oder Angehörigen anderer Re- ligionen sowie gegenüber Nichtgläubigen – zu unterbinden, Gewalt und Diskriminierung aus religiösen Gründen zu verurteilen und sich zu bemühen, Angriffe auf Personen oder Gruppen wegen deren Gesinnung, Einstellung, Religion oder Weltanschauung zu verhindern und sie da- vor zu schützen; • Die frühzeitige Einbeziehung von Religions- und Glaubensgemeinschaften in die öffentliche Debatte über entsprechende Gesetzesinitiativen zu fördern; • Den Dialog zwischen Religions- und Glaubensgemeinschaften und staatlichen Stellen zu för- dern, wo nötig auch zu Fragen betreffend die Nutzung von Andachtsstätten und Eigentum re- ligiöser Gemeinschaften; • Wirksame Maßnahmen zur Verhütung und Unterbindung der Diskriminierung von Personen oder Religions- und Glaubensgemeinschaften aufgrund ihrer Religion oder Weltanschauung, auch der Diskriminierung von Nichtgläubigen, durch öffentliche Bedienstete in Ausübung ih- rer dienstlichen Obliegenheiten zu ergreifen; • Politische Maßnahmen zur Achtung und zum Schutz von Andachtsstätten und religiösen Orten, Denkmälern, Friedhöfen und Heiligtümern vor Vandalismus und Zerstörung zu beschließen.

3.1.9 Vereinigungsfreiheit und Recht auf friedliche Versammlung

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Die Teilnehmerstaaten werden das Recht der Arbeiter, Gewerkschaften frei einzurichten und ih- nen beizutreten, das Recht der Gewerkschaften auf freie Ausübung ihrer Tätigkeiten und sonsti- ger Rechte gewährleisten, wie sie in den einschlägigen internationalen Dokumenten niedergelegt sind. Sie stellen fest, daß diese Rechte in Befolgung der Gesetze des Staates und in Übereinstim- mung mit den völkerrechtlichen Verpflichtungen des Staates ausgeübt werden. Sie werden, soweit angemessen, direkte Kontakte und Verbindungen zwischen solchen Gewerkschaften und deren Vertretern ermutigen.

150 3.1.9 Vereinigungsfreiheit und Recht auf friedliche Versammlung

Sofia 1989 (Präambel)

Die Teilnehmerstaaten bekräftigen ihre Achtung vor dem Recht von Einzelpersonen, Gruppen und Organisationen, die sich mit Umweltfragen befassen, ihre Ansichten frei zu äußern, sich mit anderen zusammenzuschließen und friedlich zu versammeln sowie Informationen zu diesen Fra- gen ohne rechtliche oder administrative Beeinträchtigungen, die mit den KSZE-Bestimmungen nicht vereinbar sind, zu erwerben, zu veröffentlichen und weiterzugeben. Diese Einzelpersonen, Gruppen und Organisationen haben das Recht, an öffentlichen Diskussionen über Umweltfragen teilzunehmen und direkte und unabhängige Kontakte auf nationaler und internationaler Ebene aufzunehmen und zu pflegen.

Bonn 1990 (Präambel)

In Anerkennung des Zusammenhangs zwischen politischem Pluralismus und Marktwirtschaft und den folgenden Prinzipien verpflichtet: (…) • Der Wirtschaftstätigkeit, die die Würde des Menschen entsprechend achtet, (…) den Arbeitern das Recht auf Gründung unabhängiger Gewerkschaften und den Beitritt zu solchen nicht vorenthält;

Sich bemühen, folgendes anzustreben bzw. beizubehalten (…)

Kopenhagen 1990

(7) (…) Die Teilnehmerstaaten werden (7.6) das Recht von Einzelpersonen und Gruppen achten, eigene politische Parteien oder andere politische Organisationen (…) 3 (…)

(9) Teilnehmerstaaten bekräftigen, daß (9.2) jeder das Recht auf friedliche Versammlung und Demonstration hat. Die Ausübung dieser Rechte darf nur den Einschränkungen unterliegen, die im Gesetz vorgesehen sind und mit inter- nationalen Standards in Einklang stehen; (9.3) die Vereinigungsfreiheit garantiert wird. Das Recht der Gewerkschafts gründung und – vor- behaltlich des allgemeinen Rechts einer Gewerkschaft, ihre eigenen Beitrittsbedingungen festzule- gen – das Recht, einer Gewerkschaft frei beizutreten, werden gewährleistet. Diese Rechte schließen jede vorherige Kontrolle aus. Die Vereinigungsfreiheit der Arbeiter, einschließlich des Streikrechts, wird vorbehaltlich der im Gesetz vorgesehenen Einschränkungen und in Einklang mit internatio nalen Standards gewährleistet; (…)

(10) (…) die Teilnehmerstaaten bringen ihre Entschlossenheit zum Ausdruck (10.3) zu gewährleisten, daß Einzelpersonen ihr Recht auf Vereinigung ausüben dürfen, einschließ- lich des Rechts, nichtstaatliche Organisationen, die sich für die Förderung und den Schutz der Menschenrechte und Grundfreiheiten einsetzen, darunter Gewerkschaften und Menschenrechts- gruppen, zu bilden, diesen beizutreten und in diesen aktiv mitzuwirken; (…)

151 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

(32) (…) Angehörige nationaler Minderheiten haben das Recht, ihre ethnische, kulturelle, sprach- liche und religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und weiterzuentwickeln, und ihre Kultur in all ihren Aspekten zu erhalten und zu entwickeln, frei von jeglichen Versuchen, gegen ihren Willen assimiliert zu werden. Insbesondere haben sie das Recht (…) (32.6) Organisationen oder Vereinigungen in ihrem Land einzurichten und zu unterhalten und in internationalen nichtstaatlichen Organisationen mitzuarbeiten.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, jeder einzelne hat ohne Unterschied das Recht auf: (…) Vereinigung und fried- liche Versammlung (…)

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der allgemeinen Erklärung der Menschenrechte) (…)

Wir bekräftigen, dass jeder in den Genuss der Gedanken-, Gewissens-, Religions- und Überzeu- gungsfreiheit, der Meinungsfreiheit und des Rechts auf freie Meinungsäußerung, des Rechts auf friedliche Versammlung und der Vereinigungsfreiheit kommen muss. Die Ausübung dieser Rechte darf nur gesetzlich vorgesehenen und im Einklang mit unseren völkerrechtlichen Verpflichtun- gen und unseren internationalen Verpflichtungen stehenden Einschränkungen unterworfen sein. (…)

3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

A. Allgemeine Bestimmungen

Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen)

Die Teilnehmerstaaten,

Im Bewußtsein der Notwendigkeit einer immer umfassenderen Kenntnis und eines immer besse- ren Verstehens der verschiedenen Aspekte des Lebens in anderen Teilnehmerstaaten,

In Anerkennung des Beitrages dieses Prozesses zum Anwachsen des Vertrauens zwischen den Völkern,

In dem Wunsch, mit der Entwicklung des gegenseitigen Verständnisses zwischen den Teilnehmer- staaten und mit der weiteren Verbesserung ihrer Beziehungen, mit weiteren Anstrengungen fort- zufahren, um Fortschritte in diesem Bereich zu erzielen,

In Anerkennung der Bedeutung der Verbreitung von Informationen aus den anderen Teilnehmer- staaten und einer besseren Kenntnis solcher Informationen, (…)

152 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(34) (…) in diesem Zusammenhang und in Übereinstimmung mit dem Internationalen Pakt über bürgerliche und politische Rechte (der Internationalen Konvention über zivile und politische Rechte), der Allgemeinen Erklärung der Menschenrechte und ihren anderen einschlägigen inter- nationalen Verpflichtungen betreffend die Beschaffung, den Empfang und die Weitergabe von In- formationen aller Art werden sie gewährleisten, daß Einzelpersonen ihre Informationsquellen frei wählen können. In diesem Zusammenhang werden sie (…) • Einzelpersonen, Institutionen und Organisationen unter Wahrung der Rechte auf geistiges Ei- gentum, einschließlich des Urheberrechts, gestatten, alle Arten von Informationsmaterial zu er- werben, zu besitzen, zu reproduzieren und weiterzugeben.

Zu diesen Zwecken werden sie alle mit den obenerwähnten völkerrechtlichen und anderen inter- nationalen Verpflichtungen unvereinbaren Einschränkungen beseitigen.

(35) Sie werden jede durch moderne Kommunikationsmittel, einschließlich durch Kabel und Satel- liten gebotene Möglichkeiten nützen, um die freiere und umfassendere Verbreitung von Informa- tionen aller Art zu verstärken. Sie werden auch die Zusammenarbeit und den Austausch zwischen ihren einschlägigen Institutionen, Organisationen und technischen Experten ermutigen und auf die Harmonisierung technischer Standards und Normen hinarbeiten.

(36) Sie werden in der Praxis gewährleisten, daß offizielle Informationsbulletins durch diploma- tische und andere offizielle Missionen und konsularische Stellen der anderen Teilnehmerstaaten auf ihrem Territorium frei verbreitet werden können. 3 (…)

(45) Sie werden in der Praxis gewährleisten, daß Angehörige nationaler Minderheiten oder regi- onaler Kulturen auf ihren Territorien Informationen in ihrer Muttersprache verbreiten und aus- tauschen können und zu solchen Informationen Zugang habe.

Sofia 1989 (Präambel)

Kopenhagen 1990

(7) (…) Die Teilnehmerstaaten werden (…)

153 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

(9) Teilnehmerstaaten bekräftigen, daß (9.1) jeder Anspruch auf freie Meinungsäußerung einschließlich des Rechts auf Kommunikation hat. Dieses Recht schließt die Meinungsfreiheit und die Freiheit zum Empfang und zur Mitteilung von Nachrichten und Ideen ohne Eingriffe öffentlicher Behörden und ohne Rücksicht auf Landes- grenzen ein. Die Ausübung dieses Rechts darf nur den Einschränkungen unterliegen, die im Ge- setz vorgesehen sind und mit internationalen Standards in Einklang stehen. Es darf insbesondere der Zugang zu und die Verwendung von Mitteln zur Reproduktion von Dokumenten jeder Art nicht eingeschränkt werden, wobei allerdings Rechte im Zusammenhang mit geistigem Eigentum einschließlich des Copyright zu beachten sind; (…)

(10) (…) die Teilnehmerstaaten bringen ihre Entschlossenheit zum Ausdruck (10.1) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen Ansichten und Informationen über Menschenrechte und Grundfreiheiten nach Belieben zu beschaffen, entgegen- zunehmen und weiterzugeben, einschließlich des Rechts, solche Ansichten und Informationen zu verbreiten und zu veröffentlichen; (10.2) – das Recht eines jeden zu achten, einzeln oder in Gemeinschaft mit anderen die Einhal- tung von Menschenrechten und Grundfreiheiten zu überprüfen und zu erörtern und Gedanken über den besseren Schutz der Menschenrechte sowie über bessere Mittel zu entwickeln und zu erörtern, durch die gewährleistet werden soll, daß Übereinstimmung mit internationalen Men- schenrechtsstandards besteht; (…)

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

36. Die Teilnehmerstaaten bekräftigen, daß die freie Meinungsäußerung ein grundlegendes Men- schenrecht und ein grundlegender Bestandteil einer demokratischen Gesellschaft ist.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

26. Wir bekräftigen die Bedeutung (…) des freien Informationsflusses sowie des Zugangs der Öf- fentlichkeit zu Informationen. Wir verpflichten uns, alle notwendigen Schritte zu unternehmen, um die Grundvoraussetzungen für (…) den unbehinderten Informationsfluss über Landesgren- zen hinweg und innerhalb der Staaten zu schaffen (…)

154 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

Astana 2010

B. Medienfreiheit und Arbeitsbedingungen für Journalist*innen

Siehe auch: I. 2.3.4 C: Der Beauftragte für Medienfreiheit

Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen)

(…) In Anerkennung der Bedeutung der Verbreitung von Informationen aus den anderen Teilneh- merstaaten und einer besseren Kenntnis solcher Informationen,

Daher betonend die wesentliche und einflußreiche Rolle von Presse, Rundfunk, Fernsehen, Kino und der Nachrichtenagenturen sowie der auf diesen Gebieten tätigen Journalisten,

Setzen sich zum Ziel, die freiere und umfassendere Verbreitung von Informationen aller Art zu erleichtern, die Zusammenarbeit im Bereich der Information und den Informationsaustausch mit anderen Ländern zu fördern sowie die Bedingungen zu verbessern, unter denen Journalisten aus einem Teilnehmerstaat ihren Beruf in einem anderen Teilnehmerstaat ausüben, und Drücken ihre Absicht aus, insbesondere:

(a) Verbesserung der Verbreitung von, des Zugangs zu und des Austausches von Information (…)

(ii) Gedruckte Information 3

Auf ihrem Territorium die Verbesserung der Verbreitung von periodisch und nicht periodisch erscheinenden Zeitungen und gedruckten Veröffentlichungen aus den anderen Teilnehmerstaa- ten zu erleichtern. (…)

Zur Verbesserung des Zugangs der Öffentlichkeit zu gedruckten, periodisch und nicht perio- disch erscheinenden Veröffentlichungen beizutragen, (…)

(iii) Gefilmte und gesendete Information

Die Verbesserung der Verbreitung gefilmter und gesendeter Information zu fördern (…)

Die Teilnehmerstaaten stellen die Ausdehnung bei der Verbreitung von Information durch Rundfunksendungen fest und drücken die Hoffnung auf Fortsetzung dieses Prozesses aus, so daß das dem Interesse an gegenseitiger Verständigung zwischen den Völkern und den von der Konferenz festgelegten Zielen entspricht.

(b) Zusammenarbeit im Bereich der Information

Die Zusammenarbeit im Bereich der Information auf der Grundlage kurz- oder langfristiger Ab- kommen oder Vereinbarungen zu fördern. Insbesondere werden sie:

155 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

• eine verstärkte Zusammenarbeit zwischen Organisationen der Massenmedien, Einschließlich Presseagenturen, sowie zwischen Verlagen und Verlagsorganisationen fördern; • die Zusammenarbeit zwischen ihren öffentlichen oder privaten oder internationalen Rundfunk- und Fernsehorganisationen fördern, insbesondere durch den Austausch von Rundfunk- und Fernsehprogrammen, sowohl Live-Sendungen als auch Aufzeichnungen, und durch gemein- same Produktion sowie durch Ausstrahlung und Vertrieb solcher Programme; • Treffen und Kontakte sowohl zwischen Journalistenverbänden als auch zwischen Journalisten aus den Teilnehmerstaaten fördern; • die Möglichkeiten von Absprachen zwischen periodisch erscheinenden Veröffentlichungen so- wie zwischen Zeitungen aus den Teilnehmerstaaten zum Zwecke des Austausches und der Ver- öffentlichung von Artikeln mit Wohlwollen betrachten; • den Austausch von technischen Informationen sowie die Organisierung gemeinsamer Forschung und von Treffen, die dem Erfahrungs- und Meinungsaustausch zwischen Presse-, Rundfunk- und Fernsehexperten dienen, fördern.

Die Teilnehmerstaaten, von dem Wunsch geleitet, die Bedingungen zu verbessern, unter denen Journalisten aus einem Teilnehmerstaat ihren Beruf in einem anderen Teilnehmerstaat ausüben, beabsichtigen insbesondere: • in wohlwollendem Geist und innerhalb sachgerechter und vernünftiger Fristen Anträge von Journalisten auf Visaerteilung zu prüfen; • den ständig akkreditierten Journalisten aus den Teilnehmerstaaten auf der Grundlage von Ver- einbarungen Visa für mehrfache Ein- und Ausreise für bestimmte Zeiträume zu erteilen; • die Ausgabe von Aufenthaltsbewilligungen für akkreditierte Journalisten aus den Teilnehmer- staaten für das Land ihres zeitweiligen Wohnsitzes und, wenn und sobald diese notwendig sind, anderer amtlicher Dokumente zu erleichtern, die für sie gegebenenfalls erforderlich sind; • auf der Grundlage der Gegenseitigkeit die Verfahren für die Ausführung von Reisen durch Jour- nalisten aus den Teilnehmerstaaten in dem Land, in dem sie ihren Beruf ausüben, leichter zu ge- stalten, und schrittweise größere Gelegenheiten für solche Reisen zu bieten, unter Beachtung der Bestimmungen hinsichtlich des Bestehens von Gebieten, die aus Sicherheitsgründen gesperrt sind, • sicherzustellen, daß Anträge solcher Journalisten für diese Reisen, soweit als möglich, zügig be- antwortet werden, unter Berücksichtigung des Zeitplans des Antrags; • für Journalisten aus den Teilnehmerstaaten die Möglichkeiten zu vermehren, persönlich mit ihren Informationsquellen, einschließlich Organisationen und offiziellen Institutionen in Ver- bindung zu treten; • Journalisten aus den Teilnehmerstaaten das Recht zu gewähren, die technische (Photo-, Kino-, Tonband-, Rundfunk- und Fernseh-) Ausrüstung einzuführen, die für die Ausübung ihres Be- rufes erforderlich ist, unter der alleinigen Bedingung, daß sie wieder ausgeführt wird;* • den Journalisten aus den anderen Teilnehmerstaaten, ob zeitweilig oder ständig akkreditiert, ermöglichen, die Ergebnisse ihrer beruflichen Tätigkeit, einschließlich Bandaufnahmen und

* Bei Anerkennung der Tatsache, daß in vielen Fällen geeignetes örtliches Personal von ausländischen Journa- listen beschäftigt wird, halten die Teilnehmerstaaten fest, daß die oben angeführten Bestimmungen unter Be- achtung der entsprechenden Regeln auf Personen aus den anderen Teilnehmerstaaten angewendet würden, die regelmäßig und berufsmäßig als Techniker, Photographen oder Kameraleute der Presse, des Rundfunks, Fern- sehens oder Kinos beschäftigt sind.

156 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

unentwickelte Filme, vollständig, auf normale Weise und schnell, auf den von den Teilnehmer- staaten anerkannten Wegen den von ihnen vertretenen Informationsorganen zum Zweck der Veröffentlichung oder der Sendung im Rundfunk und Fernsehen zu übermitteln.

Die Teilnehmerstaaten bekräftigen, daß die legitime Ausübung der beruflichen Tätigkeit weder zur Ausweisung von Journalisten noch anderweitig zu Strafmaßnahmen gegen sie führen wird. Wenn ein akkreditierter Journalist ausgewiesen wird, wird er über die Gründe für diese Maßnahme un- terrichtet werden und kann einen Antrag auf Überprüfung seines Falles stellen.

Madrid 1983 (Zusammenarbeit in humanitären und anderen Bereichen)

[Die Teilnehmerstaaten] werden die weitere Ausdehnung der Zusammenarbeit zwischen den Mas- senmedien und ihren Vertretern, insbesondere zwischen dem Redaktionspersonal von Presseagen- turen, Zeitungen, Rundfunk- und Fernsehorganisationen sowie von Filmgesellschaften fördern. Sie werden einen regelmäßigen Austausch von Nachrichten, Artikeln, Beilagen und Sendungen sowie den Austausch von Redaktionspersonal für die bessere Kenntnis der jeweiligen praktischen Arbeit fördern. Auf der Grundlage der Gegenseitigkeit werden sie die materiellen und technischen Hilfsmittel verbessern, die ständig oder zeitweilig akkreditierten Fernseh- und Rundfunkbericht- erstattern gewährt werden. Ferner werden sie direkte Kontakte unter Journalisten sowie Kontakte im Rahmen von Berufsorganisationen erleichtern.

Sie werden ohne ungebührliche Verzögerung über Visaanträge von Journalisten entscheiden und abgelehnte Gesuche innerhalb einer angemessenen Frist erneut prüfen. Ferner werden Journalis- ten, welche aus persönlichen Gründen und nicht zum Zweck der Berichterstattung Reisen unter- nehmen wollen, die gleiche Behandlung genießen wie andere Besucher aus ihrem Herkunftsland.

Sie werden ständigen Korrespondenten sowie mit ihnen zusammenlebenden Familienangehörigen Visa für mehrfache Ein- und Ausreise mit Gültigkeit für ein Jahr gewähren. 3 Die Teilnehmerstaaten werden die Möglichkeit prüfen, Journalisten aus anderen Teilnehmerstaa- ten, die in Drittländern ständig akkreditiert sind, Akkreditierungen und damit verbundene Er- leichterungen zu gewähren, soweit erforderlich auf der Grundlage bilateraler Vereinbarungen.

Sie werden Reisen von Journalisten aus anderen Teilnehmerstaaten innerhalb ihrer Territorien erleichtern, unter anderem indem sie, soweit erforderlich, konkrete Maßnahmen ergreifen, um ihnen Gelegenheiten zu ausgedehnteren Reisen zu bieten, ausgenommen Gebiete, die aus Sicher- heitsgründen gesperrt sind. Wann immer möglich, werden sie Journalisten im voraus informie- ren, sofern neue Gebiete aus Sicherheitsgründen gesperrt sind.

Sie werden weiterhin die Möglichkeiten vermehren und erforderlichenfalls die Bedingungen ver- bessern, damit Journalisten aus anderen Teilnehmerstaaten persönliche Kontakte und Verbindun- gen zu ihren Quellen herstellen und aufrechterhalten können.

Sie werden in der Regel Rundfunk- und Fernsehjournalisten auf deren Ersuchen ermächtigen, sich von ihren eigenen Ton- und Filmtechnikern begleiten zu lassen und ihre eigene Ausrüstung zu verwenden.

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Desgleichen dürfen Journalisten Dokumentationsmaterial, einschließlich persönlicher Aufzeich- nungen und Unterlagen, das ausschließlich für ihre beruflichen Zwecke verwendet* wird, mit sich führen.

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(34) (…) Sie werden sich weiterhin darum bemühen, die freiere und umfassendere Verbreitung von Informationen aller Art zu erleichtern, zur Zusammenarbeit im Bereich der Information zu ermutigen und die Arbeitsbedingungen für Journalisten zu verbessern. (…)

(…) werden sie • sicherstellen, daß Rundfunksendungen, die gemäß der Funkordnung der Internationalen Fern- meldeunion (ITU) ausgestrahlt werden, in ihren Staaten direkt und normal empfangen wer- den können (…)

(37) Sie werden Rundfunk- und Fernsehorganisationen, auf der Grundlage von Vereinbarungen zwischen ihnen, ermutigen, Programme und Diskussionen mit Teilnehmern aus verschiedenen Ländern vor allem in den Veranstalterländern live zu übertragen und Erklärungen und Interviews von Politikern und anderen Persönlichkeiten aus den Teilnehmerstaaten zu senden.

(38) Sie werden Rundfunk- und Fernsehorganisationen ermutigen, über verschiedene Aspekte des Lebens in anderen Teilnehmerstaaten zu berichten und die Anzahl der Telebrücken zwischen ih- ren Ländern zu erhöhen.

(39) Eingedenk dessen, daß die legitime Ausübung der beruflichen Tätigkeit von Journalisten we- der zu deren Ausweisung noch zu anderweitigen Strafmaßnahmen gegen sie führen wird, werden sie von einschränkenden Maßnahmen, wie etwa dem Entzug der Akkreditierung eines Journalis- ten oder seiner Ausweisung wegen des Inhalts seiner Berichterstattung oder der seines Informa- tionsmediums, absehen.

(40) Sie werden gewährleisten, daß es Journalisten, darunter auch denjenigen, die Medien ande- rer Teilnehmerstaaten vertreten, bei der Ausübung dieser Tätigkeit freisteht, Zugang zu öffentli- chen und privaten Informationsquellen zu suchen und mit diesen Kontakt zu pflegen, sowie daß ihr Bedürfnis nach Wahrung des Berufsgeheimnisses geachtet wird.

(41) Sie werden das Urheberrecht von Journalisten achten.

(42) Sie werden, wo notwendig, auf der Grundlage von zwischen ihnen geschlossenen Vereinba- rungen und zum Zwecke der regelmäßigen Berichterstattung, Journalisten aus anderen Teilneh- merstaaten ungeachtet ihres Wohnortes die Akkreditierung, sofern eine solche erforderlich ist, und Visa für mehrfache Einreise gewähren. Auf dieser Grundlage werden sie die Frist für die Erteilung

* In diesem Zusammenhang gilt, daß die Einfuhr gedruckten Materials örtlichen Vorschriften unterworfen sein kann, welche unter gebührender Berücksichtigung des Bedarfs der Journalisten an angemessenem Arbeitsma- terial angewendet werden. Die Teilnehmerstaaten werden erforderlichenfalls in ihren Hauptstädten die Ein- richtung und den Betrieb von Pressezentren oder die gleichen Funktionen ausübenden Institutionen, die der in- und ausländischen Presse mit geeigneten Arbeitseinrichtungen für letztere zugänglich sind, erleichtern. Sie werden ferner weitere Mittel und Wege in Betracht ziehen, um Journalisten aus anderen Teilnehmerstaaten be- hilflich zu sein und es ihnen so zu ermöglichen gegebenenfalls auftretende praktische Probleme zu lösen.

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sowohl von Akkreditierungen als auch von Visa für mehrfache Einreise für Journalisten auf ins- gesamt höchstens zwei Monate herabsetzen.

(43) Sie werden die Arbeit ausländischer Journalisten erleichtern, indem sie ihnen auf Anfrage ein- schlägige Auskünfte über praktische Fragen erteilen, wie etwa über Einfuhrbestimmungen, Steu- ern und Wohnmöglichkeiten.

(44) Sie werden gewährleisten, daß offizielle Pressekonferenzen und, wenn angebracht, andere ähn- liche offizielle Presseveranstaltungen auch ausländischen Journalisten – erforderlichenfalls nach Akkreditierung – offenstehen.

Kopenhagen 1990

(7) (…) die Teilnehmerstaaten werden (…) (7.8) – dafür zu sorgen, daß der Zugang zu den Medien für alle politischen Gruppen und Einzel- personen, die sich an der Wahl beteiligen wollen, ohne Diskriminierung möglich ist und nicht durch gesetzliche oder administrative Hindernisse eingeschränkt wird;

Moskau 1991

(26) Teilnehmerstaaten bekräftigen das Recht auf freie Meinungsäußerung, einschließlich (…) des Rechts der Medien, Informationen, Nachrichten und Meinungen zu sammeln, zu berichten und zu verbreiten. Jedwede Beschränkung der Ausübung dieses Rechts muß den Gesetzen entsprechend und in Übereinstimmung mit internationalen Normen festgelegt werden. Sie anerkennen ferner, daß unabhängige Medien wesentlich für eine freie und offene Gesellschaft und für rechenschafts- pflichtige Regierungssysteme sind, und daß sie für die Wahrung der Menschenrechte und Grund- freiheiten von besonderer Bedeutung sind. 3 (26.1) Sie sind der Auffassung, daß Presse, Rundfunk und Fernsehen auf ihrem Staatsgebiet unge- hinderten Zugang zu ausländischen Medien- und Informationsdiensten haben sollten. Auch die Öffentlichkeit wird über die gleiche Freiheit zum Empfang und zur Mitteilung von Nachrichten und Ideen, einschließlich ausländischer Veröffentlichungen und Sendungen, ohne Eingriff öffent- licher Behörden und ohne Rücksicht auf Landesgrenzen, verfügen. Jedwede Beschränkung der Ausübung dieses Rechts muß den Gesetzen entsprechend und in Übereinstimmung mit interna- tionalen Normen festgelegt werden. (26.2) Die Teilnehmerstaaten werden unabhängige Medien hinsichtlich des Zugangs zu Informa- tionen, Material und Einrichtungen nicht benachteiligen. (…) (28.9) Die Teilnehmerstaaten werden bestrebt sein, die Meinungsäußerungs- und Informationsfrei- heit in Übereinstimmung mit ihren internationalen Verpflichtungen aufrecht-zuerhalten, damit eine öffentliche Diskussion über die Einhaltung der Menschenrechte und Grundfreiheiten sowie über die Aufhebung des öffentlichen Notstands möglich ist. Sie werden in Übereinstimmung mit den internationalen Normen im Bereich der Wahrung der Meinungsfreiheit keine Maßnahmen ergreifen, die darauf abzielen, Journalisten bei der rechtmäßigen Ausübung ihrer beruflichen Tä- tigkeit zu behindern, ausgenommen jene Maßnahmen, die unter den gegebenen Umständen un- bedingt erforderlich sind. (…)

159 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

(34) Die Teilnehmerstaaten werden, ob angebracht, alle geeigneten Maßnahmen zum Schutz von Journalisten ergreifen, die sich auf gefährlichen Dienstreisen – insbesondere in Fällen bewaffneter Konflikte – befinden, und werden zu diesem Zweck zusammenarbeiten. Zu diesen Maßnahmen wird die Suche nach verschollenen Journalisten ebenso gehören wie das Bemühen, Gewißheit über ihr Schicksal zu erhalten, ihnen eine angemessene Hilfestellung zu leisten und ihnen die Rück- kehr zu ihren Familien zu erleichtern.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

36. Die Teilnehmerstaaten bekräftigen, daß die freie Meinungsäußerung ein grundlegendes Men- schenrecht und ein grundlegender Bestandteil einer demokratischen Gesellschaft ist. In dieser Hinsicht sind unabhängige und pluralistische Medien für eine freie und offene Gesellschaft und rechenschaftspflichtige Regierungssysteme wesentlich. Sie werden die Wahrung dieses Rechts zu einem Grundprinzip machen.

37. Sie verurteilen sämtliche Übergriffe auf Journalisten und Schikanen gegen sie und werden be- müht sein, diejenigen direkt zur Rechenschaft zu ziehen, die für solche Übergriffe und Schika- nen verantwortlich sind.

38. Des weiteren weisen sie darauf hin, daß das Schüren von Haß und ethnischen Spannungen mit Hilfe der Medien, insbesondere durch Regierungen, als Frühwarnung vor einem Konflikt die- nen kann.

Lissabon 1996 (Gipfelerklärung)

9. (…) Unter den akuten Problemen in der menschlichen Dimension gefährden fortwährende Verletzungen der Menschenrechte, wie etwa (...) die Bedrohung der Unabhängigkeit der Medien, (...) nach wie vor die Stabilität in der OSZE-Region. Wir sind entschlossen, uns diesen Problemen auch in Zukunft zu stellen. (…)

11. Die Presse- und Medienfreiheit gehört zu den Grundvoraussetzungen einer wirklich demokra- tischen und bürgerrechtlich orientierten Gesellschaft (…)

Kopenhagen 1997 (Anhang 1: Beschluss des Ständigen Rates Nr. 193, Mandat des OSZE- Beauftragten für Medienfreiheit)

1. Die Teilnehmerstaaten (…) insbesondere erinnern sie daran, daß die freie Meinungsäußerung ein grundlegendes und international anerkanntes Menschenrecht und ein elementarer Bestand- teil einer demokratischen Gesellschaft ist und daß Freiheit, Unabhängigkeit und Pluralismus der Medien für eine freie und offene Gesellschaft und ein rechenschaftspflichtiges Regierungssystem wesentlich sind. Eingedenk der Prinzipien und Verpflichtungen, zu denen sie sich in der OSZE bekannt haben, (…), beschließen die Teilnehmerstaaten, einen OSZE-Beauftragten für Medien- freiheit unter der Ägide des Ständigen Rates einzusetzen. Dadurch soll die Umsetzung der einschlä- gigen OSZEPrinzipien und -Verpflichtungen gestärkt werden und das abgestimmte Vorgehen der Teilnehmerstaaten auf der Grundlage ihrer gemeinsamen Werte größere Wirksamkeit erhalten. Die Teilnehmerstaaten erklären, daß sie mit dem OSZE-Beauftragten für Medienfreiheit unein- geschränkt zusammenarbeiten werden. Dieser wird die Teilnehmerstaaten im Geiste der Zusam- menarbeit in ihrem fortwährenden Einsatz für die Förderung von Freiheit, Unabhängigkeit und Pluralismus der Medien unterstützen (…)

160 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

Istanbul 1999 (Gipfelerklärung)

27. (…) Wir sind tief besorgt über den Missbrauch der Medien in Konfliktgebieten, um Hass und ethnische Spannungen zu schüren, und über Schikanen und gesetzliche Einschränkungen, um den Bürgern freie Medien vorzu- enthalten. Wir betonen die Notwendigkeit, das Recht auf freie Meinungsäußerung sicherzustellen, das in jeder Demokratie ein wesentliches Element für den po- litischen Diskurs darstellt. Wir unterstützen die Bemühungen des Büros des Beauftragten für Me- dienfreiheit zur Förderung freier und unabhängiger Medien.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

26. Wir bekräftigen die Bedeutung unabhängiger Medien und des freien Informationsflusses so- wie des Zugangs der Öffentlichkeit zu Informationen. Wir verpflichten uns, alle notwendigen Schritte zu unternehmen, um die Grundvoraussetzungen für freie und unabhängige Medien so- wie für den unbehinderten Informationsfluss über Landesgrenzen hinweg und innerhalb der Staa- ten zu schaffen, (…)

Mailand 2018 (Beschluss Nr. 3/18 über die Sicherheit von Journalisten)

Der Ministerrat,

In Bekräftigung aller einschlägigen Verpflichtungen der OSZE zum Recht auf freie Meinungsäu- ßerung, auf Medienfreiheit und auf freien Informationsfluss, (…),

In dem Bewusstsein, dass – laut der Allgemeinen Erklärung der Menschenrechte, (…), jedermann das Recht auf Meinungsfreiheit und freie Meinungsäußerung hat und dass dieses Recht eine der wesentlichen Grundlagen einer demokratischen Gesellschaft und eine der Grundvoraussetzun- gen für deren Fortschritt und Weiterentwicklung darstellt, 3 (…)

erneut bekräftigend, dass unabhängige Medien für eine freie und offene Gesellschaft und rechen- schaftspflichtige Regierungssysteme unverzichtbar sind und dass sie, (…), für die Wahrung der Menschenrechte und Grundfreiheiten von besonderer Bedeutung sind ,

Anerkennend, dass Journalismus und Technologie sich stetig weiterentwickeln, was zur öffent- lichen Debatte beiträgt, aber auch das Spektrum von Risiken erweitern kann, die die Sicherheit von Journalisten gefährden,

in Anbetracht der Bedeutung, die der Förderung und dem Schutz der Sicherheit von Journalisten für die Umsetzung des diesbezüglichen Ziels für nachhaltige Entwicklung und der Teilziele der Agenda 2030 für nachhaltige Entwicklung zukommt,

Anerkennend, dass die Arbeit von Journalisten sie selbst und ihre Angehörigen der Gefahr von Gewalt sowie der Einschüchterung und Belästigung aussetzen kann, etwa auch durch digitale Technologien, wodurch Journalisten von der Fortführung ihrer Arbeit abgeschreckt werden oder sich zur Selbstzensur veranlasst sehen können, Mit Sorge feststellend, dass die Verhängung un- angemessener restriktiver Maßnahmen gegen Journalisten deren Sicherheit gefährden kann und sie daran hindert, die Öffentlichkeit zu informieren, wodurch die Ausübung des Rechts auf freie Meinungsäußerung beeinträchtigt wird,

161 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

bekräftigend, dass die Medien in ihrem Gebiet uneingeschränkten Zugang zu ausländischen Nach- richten- und Informationsdiensten haben sollten, dass die Öffentlichkeit ihrerseits gleicherma- ßen die Freiheit genießt, Informationen und Gedankengut ohne Eingriff öffentlicher Behörden und ohne Rücksicht auf Staatsgrenzen zu empfangen und weiterzugeben, unter anderem durch ausländische Veröffentlichungen und ausländische Sendungen, und dass jede Beschränkung der Ausübung dieses Rechts durch das Gesetz und in Übereinstimmung mit internationalen Normen festgelegt wird, (…),

besorgt, dass Verletzungen des Rechts und Verstöße dagegen, keinen willkürlichen oder rechts- widrigen Eingriffen in ihr Privatleben ausgesetzt zu werden, die Sicherheit von Journalisten be- einträchtigen können,

zutiefst besorgt über alle Verletzungen der Menschenrechte und Verstöße gegen die Sicherheit von Journalisten, einschließlich Tötung, Folter, Verschwindenlassens, willkürlicher Festnahme, will- kürlicher Haft und willkürlicher Ausweisung, Einschüchterung, Schikanen und Bedrohungen al- ler Art, ob physischer, rechtlicher, politischer, technologischer oder wirtschaftlicher Natur, zu dem Zweck, ihre Arbeit zu unterdrücken,

besorgt über die besonderen Risiken, denen Journalistinnen in ihrer Arbeit, auch durch digitale Technologien, ausgesetzt sind, und die Wichtigkeit unterstreichend, ihre größtmögliche Sicher- heit zu gewährleisten und sicherzustellen, dass auf die Erfahrungen und Besorgnisse von Journa- listinnen in wirksamer Weise eingegangen wird,

in Anerkennung der unverzichtbaren Rolle der Journalisten für die Berichterstattung über Wah- len, vor allem für die Information der Öffentlichkeit über die Kandidaten, deren Programme und die aktuellen Debatten, und in ernsthafter Sorge über die Bedrohungen und gewalttätigen An- griffe, denen Journalisten in diesem Zusammenhang ausgesetzt sein können,

in Anerkennung der Bedeutung des investigativen Journalismus und der Tatsache, dass die Me- dien die Fähigkeit besitzen, Recherchen oder Nachforschungen anzustellen und deren Ergebnisse zu veröffentlichen, unter anderem auch im Internet, ohne Repressalien befürchten zu müssen, und dass dies eine wichtige Rolle in unseren Gesellschaften spielen kann, etwa um öffentliche Institu- tionen und Amtsträger zur Verantwortung zu ziehen,

beunruhigt darüber, dass immer häufiger durch gezielte Kampagnen versucht wird, die Arbeit von Journalisten zu untergraben, wodurch das Vertrauen der Öffentlichkeit in die Glaubwürdig- keit des Journalismus geschwächt wird, und in der Erkenntnis, dass sich dadurch das Risiko von Drohungen und Gewalt gegen Journalisten erhöhen kann,

ferner über Fälle beunruhigt, in denen politische Führungspersönlichkeiten, öffentliche Amtsträ- ger und/oder Behörden Journalisten einschüchtern oder bedrohen und Gewalt gegen Journalisten dulden oder nicht verurteilen,

Mit dem Ausdruck tiefer Sorge angesichts der zunehmenden Bedrohung der Sicherheit von Jour- nalisten, unter anderem durch terroristische Gruppen und kriminelle Organisationen,

ferner unter Betonung der besonderen Risiken für die Sicherheit von Journalisten im digitalen Zeitalter, einschließlich der besonderen Gefahr für Journalisten, zur Zielscheibe von Hacking oder rechtswidriger oder willkürlicher Überwachung oder des Abhörens von Kommunikationen zu werden, wodurch die Ausübung ihres Rechts auf freie Meinungsäußerung und ihres Rechts auf Schutz vor willkürlichen oder rechtswidrigen Eingriffen in ihr Privatleben beeinträchtigt wird,

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erneut erklärend, dass die Teilnehmerstaaten sämtliche Angriffe auf Journalisten und Schikanen gegen diese verurteilen und bemüht sein werden, diejenigen zur Rechenschaft zu ziehen, die für solche Angriffe und Schikanen direkt verantwortlich sind, wie es im Dokument des Budapester KSZE-Gipfeltreffens 1994 heißt, sowie in Anerkennung, dass die Rechenschaftspflicht für Strafta- ten gegen Journalisten ein Schlüsselelement zur Verhütung zukünftiger Angriffe darstellt,

unter Betonung der Bedeutung des von der Generalversammlung der Vereinten Nationen ausge- rufenen Gedenktags am 2. November als Internationaler Tag der Beendigung der Straflosigkeit für Verbrechen gegen Journalisten (IDEI),

Mit Sorge vom Klima der Straflosigkeit Kenntnis nehmend, das entsteht, wenn gewalttätige An- griffe auf Journalisten ungestraft bleiben, und in Anerkennung der Rolle der Regierungen, der Gesetzgeber und der Justiz für die Ermöglichung eines sicheren Arbeitsumfelds und die Gewähr- leistung der Sicherheit von Journalisten, indem sie unter anderem alle diejenigen öffentlich verur- teilen und vor Gericht stellen, die für gegen Journalisten gerichtete Straftaten verantwortlich sind,

unter Hinweis auf die Resolutionen 1738 (2006) und 2222 (2015) des Sicherheitsrats der Vereinten Nationen, in denen alle Rechtsverletzungen und Verstöße gegen Journalisten, Medienangehörige und zugehöriges Personal in Situationen bewaffneten Konflikts verurteilt werden und festgestellt wird, dass Journalisten, Medienangehörige und zugehöriges Personal, die in Gebieten eines bewaff- neten Konflikts gefährliche berufliche Aufträge ausführen, als Zivilpersonen gelten und als solche zu schützen sind, sofern sie nichts unternehmen, was ihren Status als Zivilpersonen beeinträchtigt,

ruft die Teilnehmerstaaten dazu auf:

1. alle OSZE-Verpflichtungen und ihre internationalen Verpflichtungen betreffend die freie Mei- nungsäußerung und Medienfreiheit vollständig zu erfüllen, indem sie unter anderem die Freiheit, Informationen ohne Rücksicht auf Grenzen sich zu beschaffen, zu empfangen und weiterzugeben, achten, fördern und schützen; 3 2. ihre Gesetze, politischen Konzepte und Praktiken betreffend die Medienfreiheit in vollkommenen Einklang mit ihren internationalen und OSZE-Verpflichtungen zu bringen und sie zu überprüfen und nötigenfalls aufzuheben oder dahingehend abzuändern, dass sie die Fähigkeit von Journalisten, ihrer Arbeit unabhängig und ohne unzulässige Einflussnahme nachzugehen, nicht beschränken;

3. jeden Angriff und jede Gewalt gegen Journalisten öffentlich und unmissverständlich zu verur- teilen, sei es in Form von Tötung, Folter, Verschwindenlassen, willkürlicher Festnahme, willkür- licher Haft und willkürlicher Ausweisung, Einschüchterung, Schikanen und Bedrohungen aller Art, ob physischer, rechtlicher, politischer, technologischer oder wirtschaftlicher Natur, zu dem Zweck, ihre Arbeit zu unterbinden und/oder in ungebührlicher Weise die Schließung ihrer Büros, auch in Konfliktsituationen, zu erzwingen;

4. ferner Angriffe auf Journalistinnen im Zusammenhang mit ihrer Arbeit, wie sexuelle Belästi- gung, Missbrauch, Einschüchterung, Bedrohung und Gewalt, etwa auch durch digitale Technolo- gien, öffentlich und unmissverständlich zu verurteilen;

5. die sofortige und bedingungslose Freilassung sämtlicher Journalisten, die willkürlich festge- nommen oder in Haft gehalten, als Geisel genommen oder Opfer von Verschwindenlassen wur- den, nachdrücklich zu fordern;

163 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

6. Wirksame Maßnahmen zu ergreifen, um die Straflosigkeit bei Straftaten gegen Journalisten zu beenden, indem sie für Rechenschaftspflicht als Schlüsselelement zur Verhinderung weiterer An- griffe sorgen, indem sie unter anderem sicherstellen, dass die Strafverfolgungsbehörden bei Ge- walttaten und Drohungen gegen Journalisten schnell, wirksam und unparteiisch ermitteln, um alle Verantwortlichen vor Gericht zu bringen und sicherzustellen, dass die Opfer Zugang zu ge- eigneten Rechtsbehelfen haben;

7. politische Führungspersönlichkeiten, öffentliche Amtsträger und/oder Behörden eindringlich aufzufordern, die Einschüchterung, Bedrohung oder Nachsicht gegenüber Gewalt gegen Journa- listen zu unterlassen, und sie vorbehaltlos zu verurteilen, um die Risiken oder Drohungen, mit de- nen Journalisten konfrontiert sein können, zu verringern und zu verhindern, dass das Vertrauen in die Glaubwürdigkeit von Journalisten und die Achtung für die Bedeutung von unabhängigem Journalismus untergraben werden;

8. auf willkürliche oder rechtswidrige Eingriffe in die Nutzung von Verschlüsselungs- und Ano- nymitätstechnologien von Journalisten zu verzichten und den Einsatz rechtswidriger oder will- kürlicher Überwachungstechniken zu unterlassen, und festzustellen, dass derartige Handlungen Journalisten an der Ausübung ihrer Menschenrechte behindern und sie potenziell dem Risiko von Gewalt und der Bedrohung ihrer Sicherheit aussetzen könnten;

9. den staatlichen Stellen und Strafverfolgungsbehörden nahezulegen, Aufklärungs- und Schu- lungsaktivitäten über die Notwendigkeit durchzuführen, die Sicherheit von Journalisten zu ge- währleisten und gegebenenfalls die Einbindung der Zivilgesellschaft in diese Aktivitäten zu fördern;

10. wo möglich, die Sammlung, Auswertung und Meldung nationaler Daten über Angriffe und Gewalt gegen Journalisten einzuführen oder auszubauen;

11. dafür zu sorgen, dass Gesetze über Verleumdung keine unverhältnismäßigen Sanktionen oder Strafen vorsehen, die die Sicherheit von Journalisten gefährden könnten und/oder einer Zensur von Journalisten gleichkämen und ihnen die Erfüllung ihres öffentlichen Informationsauftrags erschweren, und nötigenfalls solche Gesetze im Sinne der Verpflichtungen der Teilnehmerstaaten aus den internationalen Menschenrechtsnormen zu überarbeiten oder aufzuheben;

12. den anwendbaren gesetzlichen Rahmen für den Schutz von Journalisten und alle einschlägi- gen OSZE-Verpflichtungen wirksamer umzusetzen;

13. Uneingeschränkt mit dem OSZE-Beauftragten für Medienfreiheit zusammenzuarbeiten, ein- schließlich in der Frage der Sicherheit von Journalisten;

14. ermutigt den OSZE-Beauftragten für Medienfreiheit, seinem Mandat gemäß weiter für die Sicherheit von Journalisten in allen OSZE-Teilnehmerstaaten einzutreten und diese zu fördern.

C. Freiheit des künstlerischen oder kulturellen Ausdrucks

Siehe auch: II. 3.2.3: Kulturelle Rechte / kulturelles Erbe

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir erkennen den wesentlichen Beitrag unserer gemeinsamen europäischen Kultur und unserer gemeinsamen Werte zur Überwindung der Teilung des Kontinents an. Wir unterstreichen daher

164 3.1.10 Meinungsfreiheit, Informationsfreiheit, freie Medien

unser Eintreten für die schöpferische Freiheit sowie für den Schutz und die Förderung unseres kulturellen und geistigen Erbes in all seinem Reichtum und all seiner Vielfalt.

Krakau 1991 (I. Kultur und Freiheit)

1. Die Teilnehmerstaaten betonen, daß die Achtung der Menschenrechte und Grundfreiheiten we- sentlich für die volle Entfaltung kultureller Kreativität ist.

2. Der Staat und die Behörden werden sich einer Beeinträchtigung der Freiheit künstlerischen Schaffens enthalten.

3. Die Teilnehmerstaaten verpflichten sich, die freie und ungehinderte Entfaltung künstlerischer Kreativität zu fördern und zu schützen. Sie anerkennen die bedeutende Rolle des einzelnen Künstlers in der Gesellschaft und werden die Unverletzlichkeit schöpferischer Tätigkeit achten und schützen.

4. Sie halten es für notwendig, daß die Regierungen ihre zweifache Aufgabe in Einklang brin- gen, einerseits kulturelle Aktivität zu unterstützen und anderseits diese Freiheit zu gewährleisten.

5. Sie anerkennen ferner, daß es angesichts der Vielfalt kultureller Aktivitäten in den Teilnehmer- staaten viele Möglichkeiten für die Regierungen gibt, effiziente Maßnahmen im Zusammenhang mit Fragen des kulturellen Erbes zu ergreifen.

6. Die Teilnehmerstaaten erinnern an ihre Achtung des Rechts auf freie Meinungsäußerung und erklären im Zusammenhang mit der Ausübung dieses Rechts in den Bereichen von Kunst und Kultur folgendes: 6.1 Die Veröffentlichung schriftlicher Werke, die Aufführung und Sendung von Musik, Bühnenstü- cken und audiovisuellen Werken sowie die Ausstellung von Bildern oder Skulpturen werden keinen Beschränkungen oder Eingriffen durch den Staat unterliegen, ausgenommen jene durch die inner- 3 staatliche Gesetzgebung vorgegebenen, die voll und ganz internationalen Normen entsprechen. 6.2 Sie bringen ihre Überzeugung zum Ausdruck, daß im künstlerischen und kulturellen Bereich eine Vielfalt vom Staat unabhängiger Möglichkeiten zur Verbreitung, wie etwa Verlagshäuser, Rundfunk- und Fernsehanstalten,

Kinos, Theater und Galerien, dazu beitragen kann, den Pluralismus und die Freiheit des künstle- rischen und kulturellen Ausdrucks zu gewährleisten.

7. Die Teilnehmerstaaten erinnern an ihre Verpflichtungen zur Gewährleistung ungehinderten Zugangs zur Kultur und vereinbaren folgendes: 7.1 Bei gebührender Beachtung der Rechte am geistigen Eigentum hat jedermann oder jede unab- hängige Vereinigung das Recht, alle Arten kulturellen Materials, wie Bücher, Veröffentlichungen und audiovisuelle Aufzeichnungen sowie Reproduktionsmittel privat zu besitzen, zu verwenden und zu reproduzieren.

Moskau 1991

(35) Die Teilnehmerstaaten bekräftigen, daß die Gewährleistung der Freiheit künstlerischen Schaf- fens und die Bewahrung des kulturellen Erbes ein Teil der menschlichen Dimension der KSZE sind. Sie sind der Meinung, daß ein unabhängiges intellektuelles und kulturelles Leben für die Aufrechterhaltung freier Gesellschaften und demokratischer Institutionen entscheidend ist. Sie

165 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

werden ihre Verpflichtungen im kulturellen Bereich weiter umsetzen, so wie im Dokument des Krakauer Symposiums über das kulturelle Erbe (…)

3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

Siehe auch: II. 4.4: 4Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose II. 4.5: Wanderarbeiter

Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen)

Die Teilnehmerstaaten,

In der Erwägung, daß die Entwicklung von Kontakten ein wichtiges Element bei der Stärkung freundschaftlicher Beziehungen und des Vertrauens zwischen den Völkern ist, (…)

Setzen sich zum Ziel, freiere Bewegung und Kontakte auf individueller und kollektiver, sei es auf privater oder offizieller Grundlage zwischen Personen, Institutionen und Organisationen der Teil- nehmerstaaten zu erleichtern und zur Lösung der humanitären Probleme beizutragen, die sich in diesem Zusammenhang ergeben,

Erklären ihre Bereitschaft, zu diesem Zweck Maßnahmen zu ergreifen, die sie für geeignet halten, und falls notwendig, untereinander Abkommen zu schließen oder Vereinbarungen zu treffen, und

Drücken ihre Absicht aus, nunmehr zur Durchführung des folgenden zu schreiten:

(a) Kontakte und regelmäßige Begegnungen auf der Grundlage familiärer Bindungen

Um die weitere Entwicklung von Kontakten auf der Grundlage familiärer Bindungen zu fördern, werden die Teilnehmerstaaten Gesuche auf Reisen wohlwollend prüfen mit dem Ziel, Personen zu erlauben, in ihr Territorium zeitweilig und, wenn gewünscht, regelmäßig einzureisen oder aus ihm auszureisen, um Mitglieder ihrer Familien zu besuchen.

Gesuche auf zeitweilige Besuchsreisen zum Zweck von Begegnungen mit Mitgliedern ihrer Fa- milien werden ohne Unterschied hinsichtlich des Herkunfts- oder Bestimmungslandes behan- delt werden; bestehende Bestimmungen hinsichtlich Reisedokumente und Visa werden in diesem Geiste angewendet werden. Die Ausstellung und Ausgabe solcher Dokumente und Visa werden innerhalb vernünftiger Fristen erfolgen; Dringlichkeitsfälle – wie ernste Erkrankung oder Todes- fall – werden mit Vorrang behandelt werden. Sie werden die Schritte unternehmen, welche not- wendig sein können, um zu gewährleisten, daß die Gebühren für amtliche Reisedokumente und Visa annehmbar sind.

Sie bestätigen, daß die Einreichung eines Gesuchs betreffend Kontakte auf der Grundlage fami- liärer Bindungen zu keiner Veränderung der Rechte und Pflichten des Gesuchstellers oder seiner Familienmitglieder führen wird.

(b) Familienzusammenführung

Die Teilnehmerstaaten werden in positivem und humanitärem Geist Gesuche von Personen be- handeln, die mit Angehörigen ihrer Familie zusammengeführt werden möchten, unter besonderer

166 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

Beachtung von Gesuchen dringenden Charakters – wie solchen, die von kranken oder alten Per- sonen eingereicht werden.

Sie werden Gesuche in diesem Bereich so zügig wie möglich behandeln. Sie werden, wo notwen- dig, die im Zusammenhang mit diesen Gesuchen erhobenen Gebühren verringern, um sicherzu- stellen, daß sie gemäßigt sind.

Gesuche betreffend Familienzusammenführung, denen nicht stattgegeben wird, können auf ent- sprechender Ebene erneut eingereicht werden; sie werden von den Behörden des Aufenthaltslandes beziehungsweise des Aufnahmelandes in angemessen kurzen Zeitabständen von neuem geprüft; unter diesen Umständen werden Gebühren nur im Falle der Genehmigung des Gesuchs erhoben.

Personen, deren Gesuchen betreffend Familienzusammenführung stattgegeben wurde, können ihr Haushaltsgut und ihre persönliche Habe mitführen oder versenden; zu diesem Zwecke werden die Teilnehmerstaaten alle in den bestehenden Vorschriften enthaltenen Möglichkeiten nutzen.

Solange Angehörige derselben Familien nicht zusammengeführt sind, können Begegnungen und Kontakte zwischen ihnen entsprechend den Modalitäten für Kontakte auf der Grundlage famili- ärer Bindungen stattfinden.

Die Teilnehmerstaaten werden die Bemühungen der Gesellschaften des Roten Kreuzes und des Roten Halbmondes unterstützen, die sich mit den Problemen der Familienzusammenführung befassen.

Sie bestätigen, daß die Einreichung eines Gesuchs betreffend Familienzusammenführung zu kei- ner Veränderung der Rechte und Pflichten des Gesuchstellers oder seiner Familienmitglieder füh- ren wird.

Der aufnehmende Teilnehmerstaat wird angemessene Sorge tragen hinsichtlich der Arbeitsbe- schaffung für Personen aus anderen Teilnehmerstaaten, die in diesem Staat im Rahmen der Fami- 3 lienzusammenführung mit dessen Bürgern ständigen Wohnsitz nehmen, und darauf achten, daß ihnen die gleichen Möglichkeiten der Bildung, medizinischen Betreuung und sozialen Sicherheit wie den eigenen Bürgern gewährt werden.

Die Teilnehmerstaaten werden wohlwollend und auf der Grundlage humanitärer Erwägungen Ge- suche auf Bewilligung der Aus- oder Einreise von Personen prüfen, die beschlossen haben, einen Bürger aus einem anderen Teilnehmerstaat zu heiraten.

Die Bearbeitung und Ausgabe der Dokumente, die zu den oben genannten Zwecken und für die Eheschließung erforderlich sind, wird in Übereinstimmung mit den Bestimmungen erfolgen, die für die Familienzusammenführung angenommen wurden.

Bei der Behandlung von Gesuchen bereits verheirateter Ehegatten aus verschiedenen Teilnehmer- staaten, es ihnen und den minderjährigen Kindern aus ihrer Ehe zu ermöglichen, ihren Wohnsitz in einen Staat zu verlegen, in dem einer von ihnen normalerweise ansässig ist, werden die Teil- nehmerstaaten ebenfalls die Bestimmungen anwenden, die für die Familienzusammenführung angenommen wurden.

167 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

(d) Reisen aus persönlichen oder beruflichen Gründen

Die Teilnehmerstaaten beabsichtigen, Möglichkeiten für umfassenderes Reisen ihrer Bürger aus per- sönlichen oder beruflichen Gründen zu entwickeln; zu diesem Zweck beabsichtigen sie insbesondere: • schrittweise die Verfahren für die Aus- und Einreise zu vereinfachen und flexibel zu handhaben • die Vorschriften für Ortsveränderungen von Bürgern aus den anderen Teilnehmerstaaten auf ihrem Territorium flexibler zu gestalten, unter gebührender Berücksichtigung von Sicherheits- erfordernissen.

Sie werden sich bemühen, die Gebühren für Visa und amtliche Reisedokumente, wo notwendig, schrittweise zu senken.

Sie beabsichtigen, gegebenenfalls Mittel – einschließlich, sobald angebracht, des Abschlusses von multilateralen oder bilateralen Konsularkonventionen oder anderer einschlägiger Abkommen oder Absprachen – zu erwägen zur Verbesserung von Vereinbarungen über die Gewährung konsulari- scher Dienste, einschließlich des rechtlichen und konsularischen Beistands.

Madrid 1983 (Zusammenarbeit in humanitären und anderen Bereichen)

Die Teilnehmerstaaten werden Gesuche in Bezug auf Kontakte und regelmäßige Begegnungen auf der Grundlage familiärer Bindungen, auf Familienzusammenführung und auf Eheschlie- ßung zwischen Bürgern verschiedener Staaten wohlwollend behandeln und im gleichen Geiste über sie entscheiden.

Sie werden über diese Gesuche bei Familienbegegnungen in Dringlichkeitsfällen so zügig wie mög- lich, bei Familienzusammenführung und Eheschließung zwischen Bürgern verschiedener Staaten im Normalfall innerhalb von sechs Monaten und bei anderen Familienbegegnungen innerhalb all- mählich kürzer werdender Fristen entscheiden.

Sie bestätigen, daß die Einreichung oder erneute Einreichung von Gesuchen in diesen Fällen zu keiner Veränderung der Rechte und Pflichten der Gesuchsteller oder ihrer Familienmitglieder unter anderem hinsichtlich Beschäftigung, Wohnung, Aufenthaltsstatus, Familienunterstützung, Zugang zu Leistungen auf sozialem oder wirtschaftlichem Gebiet oder in der Bildung sowie jed- weder anderer sich aus den Gesetzen und Vorschriften des betreffenden Teilnehmerstaates erge- benden Rechte und Pflichten führen wird.

Die Teilnehmerstaaten werden die notwendigen Informationen über die von Gesuchstellern in die- sen Fällen zu befolgenden Verfahren und über die einzuhaltenden Vorschriften geben sowie auf Ersuchen des Gesuchstellers die einschlägigen Formulare zur Verfügung stellen.

Sie werden, wo notwendig, im Zusammenhang mit diesen Gesuchen erhobene Gebühren, ein- schließlich derjenigen für Visa und Pässe, allmählich verringern, um sie auf eine im Verhältnis zum durchschnittlichen Monatseinkommen in dem betreffenden Teilnehmerstaat angemessene Höhe zu bringen.

Gesuchsteller werden von der getroffenen Entscheidung so zügig wie möglich in Kenntnis gesetzt. Im Falle einer Ablehnung werden die Gesuchsteller auch von ihrem Recht auf erneute Einreichung von Gesuchen nach angemessen kurzen Zeitabständen in Kenntnis gesetzt.

168 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(20) Teilnehmerstaaten werden das Recht eines jeden • auf Freizügigkeit und freie Wahl des Aufenthaltsortes innerhalb der Grenzen eines jeden Staa- tes und • auf Ausreise aus jedem Land, darunter auch seinem eigenen, und auf Rückkehr in sein Land uneingeschränkt achten.

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(1) Sie werden bei der Durchführung der in der Schlußakte, dem Abschließenden Dokument von Madrid und dem vorliegenden Dokument enthaltenen Bestimmungen über menschliche Kontakte ihre völkerrechtlichen Verpflichtungen, auf welche der den Prinzipien gewidmete Unterabschnitt des vorliegenden Dokuments Bezug nimmt, insbesondere daß es jedermann freisteht, jedes Land einschließlich seines eigenen zu verlassen und in sein Land zurückzukehren, ebenso wie ihre an- deren internationalen Verpflichtungen auf diesem Gebiet voll achten.

(2) Sie werden gewährleisten, daß ihre Politik betreffend Einreise in ihre Territorien mit den in den einschlägigen Bestimmungen der Schlußakte und des Abschließenden Dokuments von Ma- drid und des vorliegenden Dokuments festgelegten Zielen voll übereinstimmt.

(3) Sie werden die notwendigen Schritte unternehmen, um alle Gesuche auf der Grundlage der in der Schlußakte und im Abschließenden Dokument von Madrid enthaltenen Bestimmungen über menschliche Kontakte, die bei Abschluß des Wiener Folgetreffens noch nicht erledigt sind, so rasch wie möglich, auf jeden Fall aber binnen sechs Monaten, einer Lösung zuzuführen.

(4) Sie werden in der Folge regelmäßige Überprüfungen durchführen, um zu gewährleisten, daß alle Gesuche auf der Grundlage der in der Schlußakte und den anderen oben genannten KSZE- 3 Dokumenten enthaltenen Bestimmungen über menschliche Kontakte in einer Weise behandelt werden, die mit diesen Bestimmungen übereinstimmt.

(5) Sie werden über Gesuche in bezug auf Familienbegegnungen in Übereinstimmung mit der Schlußakte und den anderen oben genannten KSZE-Dokumenten so rasch wie möglich und im Normalfall binnen eines Monats entscheiden.

(6) Sie werden über Gesuche in bezug auf Familienzusammenführung oder auf Eheschließung zwischen Bürgern verschiedener Staaten auf dieselbe Weise entscheiden, im Normalfall binnen drei Monaten.

(7) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienbegegnun- gen die Wünsche des Gesuchstellers gebührend berücksichtigen, inbesondere in bezug auf den Zeitpunkt und eine ausreichende Dauer solcher Begegnungen, sowie im Hinblick auf Reisen zu- sammen mit anderen Familienmitgliedern zu gemeinsamen Familienbegegnungen.

(8) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienbegegnun- gen auch Besuche bei und von entfernteren Verwandten gestatten.

(9) Sie werden bei der wohlwollenden Behandlung von Gesuchen in bezug auf Familienzusam- menführung oder auf Eheschließung zwischen Bürgern verschiedener Staaten die Wünsche der Gesuchsteller bezüglich des Bestimmungslandes, das zu ihrer Aufnahme bereit ist, achten.

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(10) Sie werden der Lösung von Problemen, welche die Zusammenführung minderjähriger Kinder mit ihren Eltern betreffen, besonderes Augenmerk schenken. In diesem Zusammenhang und auf der Grundlage der einschlägigen Bestimmungen der Schlußakte und der anderen oben genann- ten KSZE-Dokumente werden sie gewährleisten, • daß ein Gesuch, das zu diesem Zweck eingebracht wird, solange das Kind minderjährig ist, wohlwollend und rasch behandelt wird, um die Familienzusammenführung ohne Verzöge- rung durchzuführen; und • daß angemessene Vorkehrungen zum Schutz der Interessen und des Wohles der betroffenen Kinder getroffen werden.

(11) Sie werden die Möglichkeiten für eine schrittweise Herabsetzung und schließliche Abschaf- fung aller etwaiger Erfordernisse an Reisende, Landeswährung über tatsächliche Ausgaben hin- aus zu erwerben, in Erwägung ziehen und dabei den Personen den Vorrang geben, die zum Zweck von Familienbegegnungen reisen. Sie werden solchen Personen praktisch die Möglichkeit einräu- men, Gegenstände aus ihrem persönlichen Besitz oder Geschenke bei der Ein- oder Ausreise mit sich zu führen.

(12) Sie werden Gesuchen auf Reisen, die aus dringenden humanitären Gründen unternommen wer- den sollen, unverzüglich Aufmerksamkeit widmen und sie folgendermaßen wohlwollend behandeln: • Sie werden innerhalb von drei Arbeitstagen über Gesuche in bezug auf Besuche bei einem schwerkranken oder im Sterben liegenden Familienmitglied, in bezug auf Reisen zur Beerdi- gung eines Familienmitglieds oder in bezug auf Reisen von Personen, die nachweislich drin- gend medizinischer Betreuung bedürfen, oder die nachweislich kritisch oder lebensgefährlich erkrankt sind, entscheiden. • Sie werden so rasch wie möglich über Gesuche in bezug auf Reisen schwerkranker oder älterer Menschen und in bezug auf sonstige Reisen aus dringenden humanitären Gründen entscheiden. • Sie werden die Bemühungen ihrer örtlichen, regionalen und zentralen Behörden, die mit der Durchführung des Obenstehenden befaßt sind, verstärken und gewährleisten, daß Gebühren für die vorrangige Behandlung dieser Gesuche tatsächlich entstandene Kosten nicht übersteigen.

(13) Sie werden bei der Behandlung von Gesuchen auf Reisen zum Zwecke von Familienbegeg- nungen, der Familienzusammenführung oder der Eheschließung zwischen Bürgern verschiedener Staaten gewährleisten, daß Handlungen oder Unterlassungen von Familienmitgliedern des Ge- suchstellers sich nicht nachteilig auf die in den einschlägigen internationalen Dokumenten fest- gelegten Rechte des Gesuchstellers auswirken.

(14) Sie werden gewährleisten, daß alle Dokumente, die für Gesuche auf der Grundlage der Be- stimmungen der Schlußakte und der anderen oben genannten KSZE-Dokumente über menschli- che Kontakte erforderlich sind, dem Gesuchsteller leicht zugänglich sind. Die Dokumente bleiben während des gesamten Gesuchverfahrens gültig. Im Falle einer erneuten Gesuchstellung werden jene Dokumente berücksichtigt, die der Gesuchsteller bei früheren Gesuchen bereits vorgelegt hat.

(15) Sie werden die Praxis, die bei Gesuchen auf der Grundlage der in der Schlußakte und den an- deren oben genannten KSZE-Dokumenten enthaltenen Bestimmungen über menschliche Kontakte geübt wird, vereinfachen und die diesbezüglichen Verwaltungserfordernisse allmählich verringern.

(16) Wenn Gesuche in bezug auf die in der Schlußakte und den anderen oben genannten KSZE-Do- kumenten enthaltenen Bestimmungen über menschliche Kontakte aus Gründen, die in den einschlä- gigen internationalen Dokumenten angegeben sind, abgelehnt werden, werden sie gewährleisten,

170 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

daß dem Gesuchsteller unverzüglich schriftlich in einer amtlichen Benachrichtigung die für diese Entscheidung maßgebenden Gründe dargelegt werden. Dem Gesuchsteller werden in der Regel und immer dann, wenn er dies verlangt, die notwendigen Informationen über die Verfahren zur Einlegung jeglicher wirksamer administrativer bzw. gerichtlicher Rechtsmittel gegeben, die ihm gegen die Entscheidung zur Verfügung stehen, wie in den oben erwähnten internationalen Doku- menten vorgesehen. In Fällen, in denen es um die Ausreise zum Zweck ständiger Niederlassung im Ausland geht, werden diese Informationen als Teil der oben vorgesehenen amtlichen Benach- richtigung gegeben.

(17) Wenn in diesem Zusammenhang ein Gesuch einer Einzelperson auf Reisen ins Ausland aus Gründen der nationalen Sicherheit abgelehnt worden ist, werden sie gewährleisten, daß jede Ein- schränkung betreffend Reisen dieser Einzelperson innerhalb streng begründeter Fristen so kurz wie möglich ist und nicht willkürlich angewendet wird. Sie werden auch gewährleisten, daß der Gesuchsteller binnen sechs Monaten und, falls erforderlich, in der Folge in regelmäßigen Abstän- den die Ablehnung überprüfen lassen kann, damit jede Änderung in den für die Ablehnung maß- gebenden Umständen, wie etwa die Zeit, die verstrichen ist, seit der Gesuchsteller zuletzt mit einer die nationale Sicherheit betreffenden Arbeit oder Aufgabe befaßt war, berücksichtigt wird. Bevor Einzelpersonen eine solche Arbeit oder Aufgabe übernehmen, werden sie in einer formellen Be- nachrichtigung in Kenntnis gesetzt, ob und inwiefern sich dies auf etwaige Gesuche auf solche Reisen auswirken könnte.

(18) Sie werden innerhalb eines Jahres nach Abschluß des Wiener Folgetreffens alle ihre Gesetze und Verordnungen, die Reisen von Einzelpersonen innerhalb ihres Territoriums und Reisen zwischen Staaten regeln, veröffentlichen und leicht zugänglich machen, sofern dies nicht schon geschehen ist.

(19) Sie werden bei der wohlwollenden Behandlung von Gesuchen auf der Grundlage der in der Schlußakte und den anderen oben genannten KSZE-Dokumenten enthaltenen Bestimmungen über menschliche Kontakte gewährleisten, daß deren Behandlung rechtzeitig erfolgt, um unter ande- rem wichtige familiäre, persönliche oder berufliche Erwägungen, die für den Gesuchsteller von 3 Bedeutung sind, gebührend zu berücksichtigen.

(20) Sie werden Gesuche auf Reisen ins Ausland ohne Unterschied, wie insbesondere der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der politischen oder sonstigen Anschauung, der nationalen oder sozialen Herkunft, des Vermögens, der Geburt, des Alters oder des sonstigen Status wohlwollend behandeln. Sie werden gewährleisten, daß sich eine Ablehnung nicht auf von anderen Personen gestellte Gesuche auswirkt.

(21) Sie werden Einzel- oder Gruppenreisen aus persönlichen oder beruflichen Gründen und zu touristischen Zwecken, wie etwa Reisen von Delegationen, Gruppen und Einzelpersonen, weiter erleichtern. Zu diesem Zweck werden sie die Frist für die Prüfung von Gesuchen auf solche Rei- sen auf ein Mindestmaß verringern.

(22) Sie werden Vorschläge betreffend den Abschluß von Abkommen über die Ausstellung von Mehrfacheinreisevisa und die gegenseitige Erleichterung der Visaerteilungsformalitäten ernsthaft in Erwägung ziehen, wie auch Möglichkeiten für die gegenseitige Abschaffung von Einreisevisa auf der Grundlage zwischen ihnen getroffener Vereinbarungen erwägen.

(23) Sie werden den Beitritt zu den einschlägigen multilateralen Dokumenten sowie – wo dies nö- tig ist – den Abschluß zusätzlicher oder anderer bilateraler Verträge erwägen, um Vorkehrungen im Interesse eine wirksamen konsularischen, rechtlichen und medizinischen Beistands für Bürger anderer Teilnehmerstaten, die sich vorübergehend auf ihrem Territorium aufhalten, zu verbessern.

171 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

(24) Sie werden jede erforderliche Maßnahme treffen, um zu gewährleisten, daß dort, wo dies noch nicht der Fall ist, für die persönliche Sicherheit von Bürgern anderer Teilnehmerstaaten, die sich aus persönlichen oder beruflichen Gründen, unter anderem zur Teilnahme an kulturellen und wis- senschaftlichen Aktivitäten und zu Ausbildungszwecken, vorübergehend auf ihrem Territorium aufhalten, in geeigneter Weise gesorgt wird. (…)

(31) Sie werden gewährleisten, daß auf ihren Territorien Angehörige nationaler Minderheiten oder regionaler Kulturen hinsichtlich menschlicher Kontakte gemäß der Schlußakte und den anderen oben genannten KSZE-Dokumenten denselben Status genießen wie andere Bürger, und aß diese Personen solche Kontakte durch Reisen und andere Kommunikationsmittel aufnehmen und pfle- gen könne, auch mit Bürgern anderer Staaten, mit denen sie eine gemeinsame nationale Herkunft oder ein gemeinsames kulturelles Erbe teilen.

(32) Sie werden es Gläubigen, religiösen Bekenntnissen und deren Vertretern gestatten, im In- und Ausland in Gruppen oder einzeln direkte persönliche Kontakte und Verbindungen untereinan- der aufzunehmen und zu pflegen, unter anderem durch Reisen, Pilgerfahrten und die Teilnahme an Versammlungen und anderen religiösen Veranstaltungen. In diesem Zusammenhang und im Einklang mit solchen Kontakten und Veranstaltungen ist es den betreffenden Personen gestattet, religiöse Publikationen und Gegenstände, die mit der Ausübung ihrer Religion oder ihres Glau- bens im Zusammenhang stehen, zu erwerben, zu erhalten und mit sich zu führen.

Kopenhagen 1990

(9) Teilnehmerstaaten bekräftigen, daß (…) (9.5) sie das Recht eines jeden auf Ausreise aus jedem Land, darunter auch seinem eigenen, und auf Rückkehr in sein Land in Einklang mit den internationalen und den KSZE-Verpflichtungen des Staates achten werden. Einschränkungen dieses Rechts tragen den Charakter äußerst seltener Ausnahmen, werden nur dann für erforderlich erachtet, wenn sie einem spezifischen öffentlichen Erfordernis entsprechen, einem legitimen Zweck dienen und verhältnismäßig sind, und werden nicht mißbräuchlich oder willkürlich angewendet; (…)

(10.4) Mitgliedern solcher Gruppen und Organisationen ungehindert Zugang zu ähnlichen Ver- einigungen im In- und Ausland und zu internationalen Organisationen zu ermöglichen und es ihnen zu gestatten, mit solchen Gruppen und Organisationen Verbindungen zu unterhalten, Aus- tauschaktivitäten, Kontakte und Zusammenarbeit zu pflegen, (…)

(19)Teilnehmerstaaten stellen fest, daß eine größere Freizügigkeit und freiere Kontakte zwischen ihren Bürgern im Hinblick auf den Schutz und die Förderung der Menschenrechte und Grund- freiheiten wichtig sind. Sie werden gewährleisten, daß ihre Politik betreffend die Einreise in ihre Territorien mit den in den einschlägigen Bestimmungen der Schlußakte, des Abschließenden Dokuments von Madrid und des Abschließenden Dokuments von Wien festgelegten Zielen voll übereinstimmt. Sie bekräftigen ihre Entschlossenheit, nicht hinter den in den KSZE-Dokumenten enthaltenen Verpflichtungen zurückzubleiben, und verpflichten sich, die bestehenden Verpflichtun- gen im Bereich der menschlichen Kontakte unter anderem auch auf bilateraler und multilateraler Ebene vollständig durchzuführen und weiterzuentwickeln. In diesem Zusammenhang werden sie (19.1) danach trachten, die Verfahren für die Einreise in ihre Territorien einschließlich der Ausstel- lung von Visa und der Paß- und Zollkontrolle nach Treu und Glauben und ohne unangemessene

172 3.1.11 Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

Verzögerungen durchzuführen. Wo dies erforderlich ist, werden sie die Wartezeit für Visabescheide verkürzen und ihre Praxis betreffend Visaanträge vereinfachen sowie die diesbezüglichen Verwal- tungserfordernisse reduzieren; (19.2) bei der Behandlung von Visaanträgen gewährleisten, daß diese so rasch wie möglich bear- beitet werden, um unter anderem wichtige familiäre, persönliche oder berufliche Erwägungen ge- bührend zu berücksichtigen, vor allem in dringenden humanitären Fällen; (19.3) – sich bemühen, wo dies erforderlich ist, die Gebühren im Zusammenhang mit Visaanträ- gen auf das niedrigstmögliche Niveau herabzusetzen.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir betonen in Übereinstimmung mit unseren KSZE-Verpflichtungen, daß Freizügigkeit und freie Kontakte zwischen unseren Bürgern sowie der freie Fluß von Informationen und Gedanken ausschlaggebend sind für den Fortbestand und die Entwicklung freier Gesellschaften und leben- diger Kulturen (…)

Moskau 1991

(33) Die Teilnehmerstaaten werden für die eigenen Staatsangehörigen und für Ausländer alle ge- setzlichen sowie anderen Reisebeschränkungen innerhalb ihres Staatsgebiets und für Personen mit Niederlassungsrecht die Niederlassungsbeschränkungen aufheben – mit Ausnahme jener Be- schränkungen, die in Übereinstimmung mit ihren innerstaatlichen Gesetzen, welche mit den KSZE-Verpflichtungen und den internationalen Menschenrechtsverpflichtungen in Einklang ste- hen, aus militärischen, Sicherheits-, ökologischen oder anderen legitimen staatlichen Interessen erforderlich sein könnten und offiziell als solche bekanntgegeben werden. Die Teilnehmerstaaten verpflichten sich, solche Beschränkungen auf einem Mindestmaß zu halten. 3 Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

40. Sie werden die mit Bürgern anderer Staaten befaßten adminstrativen Behörden anregen, die das Reisen betreffenden KSZE-Verpflichtungen uneingeschränkt durchzuführen, und sich ernied- rigender Behandlung und anderer Übergriffe gegen die persönliche Würde zu enthalten.

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

2. Die OSZE-Teilnehmerstaaten bekräftigen die von ihnen auf allen Ebenen eingegangenen Ver- pflichtungen in grenzbezogenen Fragen: 2.1 Auf globaler Ebene: In Fragen der Grenzsicherung und des Grenzmanagements bekräftigen die Teilnehmerstaaten ihre völkerrechtlichen Verpflichtungen, insbesondere gemäß den internationa- len Menschenrechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht; sie können überdies Standards und Empfehlungen der Weltzollorganisation, der Internationalen Organisa- tion für Migration, der Internationalen Arbeitsorganisation, des Hohen Flüchtlingskommissars der Vereinten Nationen und anderer einschlägiger internationaler Organisationen in Betracht ziehen. (…)

4. Die Teilnehmerstaaten werden die Zusammenarbeit zwischen ihren Grenzschutz diensten, Zollbehörden, Dienststellen für die Ausstellung von Reisedokumenten und Sichtvermerken, für

173 3.1.12 Achtung des Privat- und Familienlebens

Strafverfolgung und Migration sowie zwischen anderen zuständigen nationalen Einrichtungen fördern und damit folgende Ziele anstreben: 4.1 Förderung des freien und sicheren Verkehrs von Personen, (…) über Grenzen hinweg im Ein- klang mit dem jeweiligen rechtlichen Rahmen, dem Völkerrecht und den OSZE-Verpflichtungen, indem sie im Sinne der Verpflichtungen aus den oben genannten Dokumenten unter anderem die Sicherheit von Reisedokumenten verbessern und gegebenenfalls Bedingungen fördern, die eine Liberalisierung der Visabestimmungen erlauben könnten; (…)

4.5 Förderung einer respektvollen Behandlung aller Personen, die eine Grenze überschreiten möch- ten, im Einklang mit dem jeweiligen nationalen Rechtsrahmen, dem Völkerrecht, insbesondere den Menschenrechten, dem Flüchtlingsrecht und dem humanitären Recht sowie mit den einschlä- gigen OSZE-Verpflichtungen;

Hamburg 2016 (Beschluss Nr. 4/16 über Stärkung von guter Regierungsführung und Förderung der Konnektivität) (…)

die Teilnehmerstaaten dazu aufrufend, den freien und sicheren Verkehr von Personen, Waren, Dienstleistungen und Investitionen über Grenzen hinweg im Einklang mit den einschlägigen rechtlichen Rahmenbedingungen, dem Völkerrecht und den OSZE-Ver-pflichtungen zu fördern, (…)

3.1.12 Achtung des Privat- und Familienlebens

Siehe auch: II. 3.1.11: Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung

Moskau 1991

(24) Die Teilnehmerstaaten bekräftigen das Recht auf Schutz des Privat- und Familienlebens und des Wohnbereichs sowie auf Wahrung des Brief- und Fernmeldegeheimnisses. Zur Vermeidung jeder eine demokratische Gesellschaft verletzenden, ungerechtfertigten bzw. willkürlichen Einmi- schung des Staates in den Privatbereich des einzelnen darf die Ausübung dieses Rechts nur solchen Einschränkungen unterliegen, die gesetzlich vorgeschrieben und mit den international anerkannten Menschenrechtsnormen vereinbar sind. Insbesondere werden die Teilnehmerstaaten gewährleis- ten, daß Durchsuchung und Festnahme von Personen sowie Durchsuchung und Beschlagnahme von Privatbesitz und persönlichem Eigentum nur in Übereinstimmung mit gerichtlich durchsetz- baren Regeln vorgenommen werden dürfen.

174 3.1.13 Recht auf Staatsangehörigkeit

3.1.13 Recht auf Staatsangehörigkeit

Siehe auch: II. 4.4: Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(55) anerkennen, daß jeder das Recht auf eine Staatsangehörigkeit hat und daß niemandem will- kürlich seine/ihre Staatsbürgerschaft entzogen werden soll;

(56) unterstreichen, daß alle Aspekte der Staatsbürgerschaft nach dem Gesichtspunkt der Rechts- staatlichkeit zu behandeln sind. Sie werden, falls angebracht, Maßnahmen ergreifen, um im Ein- klang mit ihrem verfassungsmäßigen Rahmen Staatenlosigkeit nicht zunehmen zu lassen;

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

19. (…) Wir bekräftigen, dass jedermann das Recht auf eine Staatsangehörigkeit hat und nieman- dem seine Staatsangehörigkeit willkürlich entzogen werden sollte. Wir verpflichten uns, weiter- hin danach zu trachten, dass jedermann dieses Recht ausüben kann. Wir verpflichten uns ferner, den völkerrechtlichen Schutz Staatenloser zu fördern.

3.1.14 Eigentumsrechte

Bonn 1990 3 Die Teilnehmerstaaten (...) werden sich bemühen, folgendes anzustreben bzw. beizubehalten (…) • Volle Anerkennung und voller Schutz aller Formen von Eigentum, einschließlich des Privat- eigentums, und des Rechts der Bürger, Eigentum zu besitzen und zu nutzen, sowie des Rechts an geistigem Eigentum; • Das Recht auf unverzügliche Zahlung einer gerechten und wirksamen Entschädigung bei Über- führung privaten Eigentums in öffentliche Nutzung; (…)

Kopenhagen 1990

(9) Teilnehmerstaaten bekräftigen, daß (…) (9.6) jedermann das Recht hat, sich einzeln oder in Gemeinschaft mit anderen ungestört seines Eigentums zu erfreuen. Niemandem darf sein Eigentum entzogen werden, es sei denn, daß das öffentliche Interesse es verlangt, und nur unter den im Gesetz vorgesehenen Bedingungen und in Einklang mit internationalen Verpflichtungen.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, jeder einzelne hat ohne Unterschied das Recht auf: (…) allein oder in Gemeinschaft mit anderen Eigentum innezuhaben und selbständig Unternehmen zu betreiben (…)

175 3.2 Wirtschaftliche, soziale und kulturelle Rechte

3.2 Wirtschaftliche, soziale und kulturelle Rechte

3.2.1 Allgemeine Bestimmungen

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzipien VII-IX)

[Die Teilnehmerstaaten] werden die wirksame Ausübung der (…) wirtschaftlichen, sozialen, kultu- rellen sowie der anderen Rechte und Freiheiten, die sich alle aus der dem Menschen innewohnenden Würde ergeben und für seine freie und volle Entfaltung wesentlich sind, fördern und ermutigen. (…)

Sie werden sich bemühen, bei der Entwicklung ihrer Zusammenarbeit das Wohlergehen der Völ- ker zu verbessern und zur Erfüllung ihrer Wünsche beizutragen, unter anderem durch die Vor- teile, die sich aus größerer gegenseitiger Kenntnis sowie dem Fortschritt und den Leistungen im wirtschaftlichen, wissenschaftlichen, technischen, sozialen, kulturellen und humanitären Bereich ergeben. Sie werden Schritte zur Förderung von Bedingungen unternehmen, die den Zugang al- ler zu diesen Vorteilen begünstigen; sie werden das Interesse aller berücksichtigen, insbesondere das Interesse der Entwicklungsländer in der ganzen Welt, Unterschiede im Stand der wirtschaft- lichen Entwicklung zu verringern.

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] unterstreichen gleichfalls ihre Entschlossenheit, ihre Gesetze und Vor- schriften im Bereich der (…) wirtschaftlichen, sozialen, kulturellen und anderer Menschenrechte und Grundfreiheiten zu entwickeln; sie betonen ebenfalls ihre Entschlossenheit, die wirksame Ausübung dieser Rechte und Freiheiten zu gewährleisten.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(12) (…) Sie erkennen an, daß (…) wirtschaftlichen, sozialen, kulturellen und anderen Rechte und Freiheiten von überragender Bedeutung sind und mit allen zu Gebote stehenden Mitteln in vol- lem Umfang verwirklicht werden müssen.

(13) In diesem Zusammenhang werden sie (13.1) ihre Gesetze und Vorschriften sowie ihre Praxis im Bereich der (…) wirtschaftlichen, sozia- len, kulturellen und anderen Menschenrechte und Grundfreiheiten weiterentwickeln und verwirk- lichen, um die wirksame Ausübung dieser Rechte und Freiheiten zu garantieren; (13.2) den Beitritt zum (…) Internationalen Pakt über wirtschaftliche, soziale und kulturelle Rechte (Internationale Konvention über wirtschaftliche, soziale und kulturelle Rechte) und zu anderen einschlägigen Dokumenten in Erwägung ziehen, sofern dies noch nicht geschehen ist; (…)

(14) Die Teilnehmerstaaten erkennen an, daß die Förderung der wirtschaftlichen, sozialen und kulturellen Rechte ebenso wie der zivilen und politischen Rechte für die Menschenwürde und die Verwirklichung der legitimen Bestrebungen jedes einzelnen von überragender Bedeutung ist.

176 3.2.2 Wirtschaftliche und soziale Rechte

Daher werden sie ihre Bemühungen im Hinblick darauf fortsetzen, schrittweise die vollständige Verwirklichung der wirtschaftlichen, sozialen und kulturellen Rechte mit allen geeigneten Mit- teln, insbesondere auch durch gesetzgeberische Maßnahmen, zu erreichen. In diesem Zusammen- hang werden sie Problemen in den Bereichen Beschäftigung, Wohnungswesen, soziale Sicherheit, Gesundheit, Bildung und Kultur besondere Aufmerksamkeit widmen. Sie werden den ständigen Fortschritt bei der Verwirklichung aller Rechte und Freiheiten in ihren Ländern ebenso wie bei der Entwicklung der Beziehungen zwischen ihnen und mit anderen Staaten fördern, damit jeder tatsächlich in den vollen Genuß seiner wirtschaftlichen, sozialen und kulturellen ebenso wie sei- ner zivilen und politischen Rechte kommt.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, jeder einzelne hat ohne Unterschied das Recht auf: (…)

seine wirtschaftlichen, sozialen und kulturellen Rechte auszuüben.

3.2.2 Wirtschaftliche und soziale Rechte

A. Allgemeine Bestimmungen

Bonn 1990

[Die Teilnehmerstaaten] Sich bemühen, folgendes anzustreben bzw. beizubehalten: (…) • Politiken zur Förderung der sozialen Gerechtigkeit und zur Verbesserung der Lebens- und Ar- beitsbedingungen; (…)

3 Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wirtschaftliche Freiheit, soziale Gerechtigkeit und Verantwortung für die Umwelt sind unerläß- liche Voraussetzungen des Wohlstands.

Der in der Demokratie zum Ausdruck gebrachte und durch den Rechtsstaat gewährleistete freie Wille des einzelnen bildet die notwendige Grundlage für eine erfolgreiche Wirtschafts- und Sozi- alentwicklung. Wir wollen eine die Würde des Menschen achtende und schützende Wirtschafts- tätigkeit fördern.

Freiheit und politischer Pluralismus sind notwendige Elemente unserer gemeinsamen Bemühungen um die Entwicklung von Marktwirtschaften hin zu dauerhaftem Wirtschaftswachstum, Wohlstand, sozialer Gerechtigkeit, wachsender Beschäftigung und rationeller Nutzung der wirtschaftlichen Ressourcen. Der Erfolg von Ländern, die den Übergang zur Marktwirtschaft anstreben, ist wich- tig und liegt in unser aller Interesse. Er wird uns allen Teilhabe an erhöhtem Wohlstand ermögli- chen. Zur Erreichung dieses uns gemeinsamen Ziels wollen wir zusammenarbeiten.

Istanbul 1999 (Europäische Sicherheitscharta: II Unsere gemeinsamen Herauforderungen)

5. Akute Wirtschaftsprobleme und die Schädigung der Umwelt können gravierende Folgen für un- sere Sicherheit haben (…) Wir werden energischer auf solche Bedrohungen reagieren, sowohl in Form fortgesetzter Reformen im Wirtschafts- und Umweltbereich und stabiler und transparenter

177 3.2.2 Wirtschaftliche und soziale Rechte

Rahmenbedingungen für die Wirtschaft als auch durch die Förderung der Marktwirtschaft unter gebührender Berücksichtigung wirtschaftlicher und sozialer Rechte (…)

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

15. Die Vertiefung der wirtschaftlichen und gesellschaftlichen Kluft, das Fehlen von Rechtsstaatlich- keit, unzulängliche Regierungs- und Unternehmensführung, Korruption, weit verbreitete Armut und hohe Arbeitslosigkeit zählen zu den wirtschaftlichenFaktoren, die die Stabilität und Sicherheit bedrohen. Auf diesem Nährboden können andere Bedrohungen gedeihen. Umweltschäden, Raub- bau an natürlichen Ressourcen, Misswirtschaft in der Abfallbeseitigung sowie Umweltverschmut- zung schädigen Ökosysteme und beeinträchtigen nachhaltig die Gesundheit, das Wohlergehen, die Stabilität und die Sicherheit von Staaten. Auch Umweltkatastrophen können derartige Folgen haben. Probleme in der staatlichen Verwaltung im Zusammenhang mit diesen Faktoren haben unmittelbare negative Auswirkungen und verringern gleichzeitig die Fähigkeit, eine nachhaltige wirtschaftliche und soziale Entwicklung zu gewährleisten und sich ökonomischen und ökologi- schen Herausforderungen und Bedrohungen für die Sicherheit und Stabilität erfolgreich zu stellen.

Maastricht 2003 (OSZE-Strategiedokument für die Wirtschafts- und Umweltdimension)

2.2 Gute Regierungsführung stärken (…)

Die sozialen Voraussetzungen

2.2.13 Gute Regierungsführung und nachhaltige Entwicklung erfordern politische Strategien und Systeme, die die Sozialpartnerschaft und den gesellschaftlichen Zusammenhalt fördern. Wir wer- den uns für die Verbesserung des Zugangs aller Bürger zu grundlegenden Sozialleistungen, etwa kostengünstigen Gesundheitsdiensten, Pensionen und Bildungseinrichtungen, für einen angemes- senen Schutz sozialer Randgruppen und für die Verhinderung sozialer Ausgrenzung einsetzen. 2.2.14 Wir sind entschlossen, die sozialen Bedingungen zu verbessern, unter anderem durch ziel- gerichtete Maßnahmen zugunsten schutzbedürftiger Gruppen der Gesellschaft, die Schaffung ge- eigneter und wirksamer Sicherheitsnetze, den Ausbau der Gesundheitsdienste, die Schaffung von Arbeitsplätzen und die Durchführung von Wiedereingliederungsprogrammen. (…)

2.3 Nachhaltige Entwicklung sichern 2.3.3 Wir unterstützen die Bemühungen der Teilnehmerstaaten um Umsetzung ihrer politischen Maßnahmen zur Verminderung der Armut und zur Förderung der nachhaltigen Entwicklung, einschließlich der nationalen Programme zur Verminderung der Armut in den Reformländern. Wir sprechen uns dafür aus, dass internationale Organisationen und Institutionen, die über ein- schlägiges Fachwissen und über entsprechende Ressourcen verfügen, beratend und unterstützend tätig werden.

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

4. Die Teilnehmerstaaten werden die Zusammenarbeit zwischen ihren Grenzschutz diensten, Zollbehörden, Dienststellen für die Ausstellung von Reisedokumenten und Sichtvermerken, für

178 3.2.2 Wirtschaftliche und soziale Rechte

Strafverfolgung und Migration sowie zwischen anderen zuständigen nationalen Einrichtungen fördern und damit folgende Ziele anstreben: (…)

4.6 Schaffung günstiger Bedingungen für die soziale und wirtschaftliche Entwicklung in Grenz- gebieten sowie für den Wohlstand und die kulturelle Entwicklung aller in Grenzgebieten leben- den Gruppen, und Zugang zu allen Möglichkeiten;

B. Arbeitnehmer*innenrechte

Siehe auch: II. 4.5: Wanderarbeiter

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Bonn 1990 (Präambel)

(…) die Teilnehmerstaaten, 3 In Anerkennung des Zusammenhangs zwischen politischem Pluralismus und Marktwirtschaft und den folgenden Prinzipien verpflichtet: (…) • der Wirtschaftstätigkeit, die die Würde des Menschen entsprechend achtet, Zwangsarbeit oder Diskriminierung von Arbeitern aufgrund von Rasse, Geschlecht, Sprache, politischer oder reli- giöser Überzeugung ausschließt und den Arbeitern das Recht auf Gründung unabhängiger Ge- werkschaften und den Beitritt zu solchen nicht vorenthält,

Sich bemühen, folgendes anzustreben bzw. beizubehalten (…)

Kopenhagen 1990

(9) Teilnehmerstaaten bekräftigen, daß (…) (9.3) – die Vereinigungsfreiheit garantiert wird. Das Recht der Gewerkschafts gründung und – vor- behaltlich des allgemeinen Rechts einer Gewerkschaft, ihre eigenen Beitrittsbedingungen festzule- gen – das Recht, einer Gewerkschaft frei beizutreten, werden gewährleistet. Diese Rechte schließen jede vorherige Kontrolle aus. Die Vereinigungsfreiheit der Arbeiter, einschließlich des Streikrechts, wird vorbehaltlich der im Gesetz vorgesehenen Einschränkungen und in Einklang mit internatio nalen Standards gewährleistet;

179 3.2.2 Wirtschaftliche und soziale Rechte

Vilnius 2011 (Ministererklärung über die Bekämpfung jeder Form von Menschenhandel)

14. Wir stellen fest, dass zur wirksamen Verhütung von Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften die arbeitsrechtlichen Bestimmungen eingehalten werden müssen. Wir empfehlen, Maßnahmen zur Verbesserung der Arbeitsbedingungen und zur Förderung der wirk- samen Durchsetzung international anerkannter Arbeitnehmerrechte zu entwickeln und anzuwen- den, etwa in Form von Arbeitsinspektionen, der Kontrolle privater Arbeitsvermittlungsagenturen und der Entwicklung anderer Programme, die Arbeitnehmer in Ausübung ihrer Arbeitnehmer- rechte unterstützen.

15. Wir ermutigen die Teilnehmerstaaten, in Zusammenarbeit mit der Privatwirtschaft unter Be- achtung der Grundsätze der Sorgfalt und Transparenz das Ausbeutungsrisiko in der gesamten Versorgungskette zu bewerten und sich damit auseinanderzusetzen und dafür Sorge zu tragen, dass Arbeitnehmer Zugang zu Mechanismen für die Beseitigung missbräuchlicher Praktiken und zur Entschädigung haben. Wir ermutigen dazu, die vor Kurzem verabschiedeten Leitprinzipien für Unternehmen und die Menschenrechte zu verbreiten und umzusetzen. Ferner legen wir den Regierungen nahe, die Übernahme vergleichbarer Standards, einschließlich der „Null-Toleranz- Politik“, in das staatliche Beschaffungswesen für Waren und Dienstleistungen zu übernehmen.

Hamburg 2016 (Beschluss Nr. 4/16 über Stärkung von guter Regierungsführung und Förderung der Konnektivität) (…)

Stärkung von guter Regierungsführung durch Einhaltung von Arbeits-, Sozial- und Umweltstan- dards

15. ermutigt die Teilnehmerstaaten, den sicheren Verkehr und Handel zu erleichtern und gleich- zeitig den illegalen Handel im Sinne der einschlägigen völkerrechtlichen Bestimmungen und in- ternationalen Übereinkünfte, denen die OSZE-Teilnehmerstaaten beigetreten sind, zu unterbinden und sich verstärkt Herausforderungen wie der Ausbeutung der menschlichen Arbeitskraft und un- genügend regulierten und kontrollierten Arbeitsplätzen zu stellen;

16. fordert die Teilnehmerstaaten auf, sich um eine bessere Anwendung der international aner- kannten Arbeits-, Sozial- und Umweltstandards der UN, der IAO und gegebenenfalls der OECD zu bemühen;

17. ermutigt die Teilnehmerstaaten, gemeinsam mit dem Privatsektor nachhaltige Konsum- und Produktionsmuster auf Grundlage der international anerkannten Arbeits-, Sozial- und Umwelt- standards zu fördern;

180 3.2.3 Kulturelle Rechte / kulturelles Erbe

3.2.3 Kulturelle Rechte / kulturelles Erbe

Siehe auch: II. 3.1.10 C: Freiheit des künstlerischen oder kulturellen Ausdrucks II. 4.1: Nationale Minderheiten II. 4.2: Roma and Sinti II. 5.3.5: Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens Band 2: Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen > 3 Zusam- menarbeit und Austausch im Bereich der Kultur) Band 2: Madrid 1983 (Zusammenarbeit in humanitären und anderen Bereichen > Zusammen- arbeit und Austausch im Bereich der Kultur) Band 2: Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen > Zusammenar- beit und Austausch im Bereich der Kultur) Band 2: Krakau 1991 (Hauptgebiete bei Bewahrung und Zusammenarbeit)

Krakau 1991(Präambel)

[Die Teilnehmerstaaten] anerkennen, daß das kulturelle Leben und das Wohlergehen ihrer Völ- ker eng miteinander verknüpft sind und daß dies für Demokratien im Übergang zur Marktwirt- schaft von besonderer Bedeutung ist. Sie fördern weiterhin bisherige und laufende Unterstützung dieser Länder bei der Bewahrung und dem Schutz ihres kulturellen Erbes. (…)

Regionale kulturelle Vielfalt ist ein Ausdruck der reichen gemeinsamen kulturellen Identität der Teilnehmerstaaten. Die Bewahrung und der Schutz dieser Vielfalt trägt zur Schaffung eines de- mokratischen, friedlichen und vereinten Europas bei. (…) 3 II. Kultur und kulturelles Erbe

10. Die Teilnehmerstaaten bringen ihre tiefempfundene Überzeugung zum Ausdruck, daß das kulturelle Erbe eines jeden von ihnen einen unverzichtbaren Teil ihrer Kultur, ihres kollektiven Gedächtnisses und ihrer gemeinsamen Geschichte darstellt, den es zukünftigen Generationen weiterzugeben gilt.

11. Die Teilnehmerstaaten nehmen die in den einschlägigen internationalen Dokumenten des Eu- roparats und der UNESCO enthaltenen Definitionen betreffend das archäologische Gut, das kul- turelle und das architektonische Erbe zur Kenntnis.

12. Die vollständige und dauerhafte Dokumentation von Stätten, Strukturen, Kulturlandschaften, Einzelobjekten und kulturellen Einheiten, einschließlich historischer, religiöser und kultureller Baudenkmale in ihrer bestehenden Form, ist im Rahmen des kulturellen Erbes eines der bedeu- tendsten Vermächtnisse, welches künftigen Generationen hinterlassen werden kann.

13. Die Teilnehmerstaaten würdigen das Erbe jener Kulturen, die aufgrund sprachlicher Barrieren, klimatischer Bedingungen und geographischer Entfernung, zahlenmäßig begrenzter Bevölkerung oder durch historische Entwicklungen und politische Umstände bisher nur wenig zugänglich wa- ren, ebenfalls als wesentliches Element ihres gemeinsamen kulturellen Erbes.

181 3.2.3 Kulturelle Rechte / kulturelles Erbe

14. Die Teilnehmerstaaten werden bemüht sein, das kulturelle Erbe in Übereinstimmung mit den einschlägigen internationalen Vereinbarungen und mit ihrer jeweiligen innerstaatlichen Gesetz- gebung zu schützen.

15. Die Teilnehmerstaaten werden bei der Ausarbeitung von Planungsgrundsätzen in den Berei- chen Kultur, Umweltschutz, Regionen und Städten der Bewahrung, Betonung und Restaurierung des kulturellen Erbes gebührende Beachtung schenken. Sie halten ferner fest, daß es wichtig ist – wo immer angebracht und möglich -, den Zusammenhang der einzelnen Projekte der Denk- malpflege mit der jeweiligen authentischen städtischen oder ländlichen Umgebung herzustellen.

16. Die Teilnehmerstaaten halten es für wichtig, ihr kulturelles Erbe soweit wie möglich zugänglich zu machen. Dabei werden sie den Bedürfnissen der Behinderten besondere Beachtung schenken. 16.1 Sie werden bemüht sein, das Erbe vor Schäden zu bewahren, die durch eine unsachgemäße Verwaltung und den Zugang durch die Öffentlichkeit verursacht werden könnten. 16.2 Sie werden das Bewußtsein der Öffentlichkeit für den Wert des kulturellen Erbes und die Not- wendigkeit dessen Schutzes fördern. 16.3 Sie werden versuchen, wo immer dies möglich ist, Forschern und Wissenschaftlern den Zu- gang zu den Primärquellen und zu Archivmaterial zu erleichtern.

17. Die Teilnehmerstaaten nehmen die Rolle privater Vereinigungen bei der Förderung des Bewußt- seins um das kulturelle Erbe und der Notwendigkeit dessen Schutzes wohlwollend zur Kenntnis.

18. Zusammenschlüsse zwischen verschiedenen Gruppen des privaten und öffentlichen Sektors auf lokaler, regionaler und nationaler Ebene leisten einen wertvollen Beitrag zur Gewähr einer wirkungsvollen und repräsentativen Erhaltung des kulturellen Erbes. Bewahrung und Verdeutli- chung der Wertvorstellungen und des kulturellen Erbes verschiedener Gruppen werden durch die Einbindung dieser Gruppen gefördert, was der Toleranz und der Achtung gegenüber unterschied- lichen Kulturen dienlich und von überragender Bedeutung ist.

19. Die Teilnehmerstaaten anerkennen die Nützlichkeit und die Bedeutung des Austauschs von In- formationen über die Erhaltung des kulturellen Erbes und betonen, daß die Verwendung von Da- tenbanken auf nationaler und multilateraler Ebene dazu einen nützlichen Beitrag leisten könnte.

Moskau 1991

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

4. Die Teilnehmerstaaten werden die Zusammenarbeit zwischen ihren Grenzschutz diensten, Zoll- behörden, Dienststellen für die Ausstellung von Reisedokumenten und Sichtvermerken, für Straf- verfolgung und Migration sowie zwischen anderen zuständigen nationalen Einrichtungen fördern und damit folgende Ziele anstreben:

182 3.2.4 Recht auf Bildung

(…)

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

unter nachdrücklicher Verurteilung der Zerstörung von kulturellem Erbe und religiösen Stätten, darunter die gezielte Zerstörung von Welterbestätten der UNESCO, durch Terroristen und aus- ländische terroristische Kämpfer, die mit ISIL oder anderen terroristischen Gruppen in Verbin- dung stehen, (…)

3.2.4 Recht auf Bildung

Siehe auch: Band 2: Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen > 4. Zusam- menarbeit und Austausch im Bereich der Kultur) Band 2: Madrid 1983 (Zusammenarbeit in humanitären und anderen Bereichen > Zusammen- arbeit und Austausch im Bereich der Bildung) Band 2: Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen > Zusammenar- beit und Austausch im Bereich der Bildung)

3 Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(63) [Die Teilnehmerstaaten] werden gewährleisten, daß allen ohne Diskriminierung hinsichtlich der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der politischen oder sons- tigen Anschauung, der nationalen oder sozialen Herkunft, des Vermögens, der Geburt oder des sonstigen Status die verschiedenen Arten und Stufen von Bildungseinrichtungen zugänglich sind.

Kopenhagen 1990

(34) Die Teilnehmerstaaten werden sich darum bemühen, Angehörigen nationaler Minderheiten, ungeachtet der Notwendigkeit, die offizielle Sprache oder die offiziellen Sprachen des betreffenden Staates zu erlernen, in Einklang mit den anwendbaren nationalen Rechtsvorschriften entsprechende Möglichkeiten für den Unterricht ihrer Muttersprache oder in ihrer Muttersprache sowie (…)

Im Zusammenhang mit dem Unterricht von Geschichte und Kultur in Bildungseinrichtungen wer- den sie auch die Geschichte und Kultur der nationalen Minderheiten berücksichtigen.

Mailand 2018 (Beschluss 5/18 über Entwicklung des Humankapitals im digitalen Zeitalter)

Der Ministerrat, (…)

unter Hinweis auf die Verpflichtungen betreffend die Entwicklung des Humankapitals (…)

183 3.2.4 Recht auf Bildung

(…) und in dem Bewusstsein, dass Investitionen in das Humankapital und die Förderung von Wissen und Können die wirtschaftliche Teilhabe, die soziale Inklusion und nachhaltiges Wachs- tum begünstigen, die in einer Wechselbeziehung stehen und zu Wohlstand, Vertrauen, Stabilität, Sicherheit und Zusammenarbeit im OSZE-Raum beitragen,

in Anbetracht der neuen und sich rasant entwickelnden Auswirkungen der digitalen Transforma- tion, die zu Fortschritt und Wohlstand führt, aber auch potenziell neue oder verstärkte Bedrohun- gen und Herausforderungen mit sich bringt,

in dem Bewusstsein, dass die durch die digitale Transformation entstandenen Veränderungen auf den Arbeitsmärkten geeignet sind, soziale und wirtschaftliche Unterschiede zu verstärken, und dass der Fokus verstärkt auf die Entwicklung des Humankapitals gelegt werden muss, insbeson- dere für Frauen, Jugendliche und Personen mit Behinderungen, vor allem in arbeitsintensiven Wirtschaftssektoren mit geringen Qualifikationsanforderungen,

in dem Bewusstsein, dass die Entwicklung des Humankapitals, auch im digitalen Kontext, durch ihre positiven Auswirkungen auf gut ausgebildete und qualifizierte Arbeitskräfte, auf die nach- haltige Entwicklung sowie auf die Schaffung von Arbeitsplätzen und Wohlstand einen positiven Beitrag dahingehend leisten kann, dass Volkswirtschaften und Gesellschaften weniger anfällig für Korruption werden,

entschlossen, lebenslanges Lernen sowie die Aus- und Weiterbildung das ganze Berufsleben hin- durch als unverzichtbares Instrument für die Entwicklung des Humankapitals und für die Redu- zierung der bestehenden digitalen Kluft, insbesondere für Frauen und Mädchen in den Bereichen Wissenschaft, Technologie, Ingenieurwesen und Mathematik, zu fördern,

in der Erkenntnis, dass mit den neuen Beschäftigungsformen, die durch die digitale Transforma- tion der Wirtschaft entstanden sind, Chancen und Herausforderungen verbunden sind und dass diese Veränderungen des Arbeitsmarkts einerseits das Wirtschaftswachstum und die Schaffung von Arbeitsplätzen fördern können, während einige der Herausforderungen Auswirkungen auf die Arbeitsplatz- und soziale Stabilität haben können, (…)

in Anbetracht der durch die Digitalisierung der Wirtschaft entstandenen Notwendigkeit, die Resilienz der Arbeitskräfte zu erhöhen und die durch die Arbeitsmarktpolitik vorgegebenen Rahmenbedingungen dahingehend anzupassen, dass die Schaffung von Arbeitsplätzen unter un- eingeschränkter Achtung der Menschenwürde und der Menschenrechte, nachhaltiges und inte- gratives Wirtschaftswachstum sowie die Chancengleichheit von Frauen und Männern auf dem Arbeitsmarkt gefördert werden,

in der Erkenntnis, dass die Entwicklung des Humankapitals geeignet ist, einen Beitrag zur Umset- zung der Agenda 2030 der Vereinten Nationen für nachhaltige Entwicklung zu leisten,

1. legt den Teilnehmerstaaten nahe, die Entwicklung des Humankapitals zu unterstützen, um den Übergang zu zunehmend automatisierten und digitalen Volkswirtschaften zu bewältigen, unter anderem durch öffentlich-private Partnerschaften und die Zusammenarbeit zwischen mehreren Interessensträgern;

2. legt den Teilnehmerstaaten nahe, lebenslanges Lernen, beginnend mit frühkindlicher Bildung und anschließend das ganze Berufsleben hindurch, als eine der wichtigsten Säulen zur Bewälti- gung dieses Übergangs zu fördern;

184 3.2.4 Recht auf Bildung

3. ersucht die Teilnehmerstaaten, den Zugang zu hochwertiger Bildung, Ausbildung und Gelegen- heiten zur beruflichen Weiterbildung und Umschulung zu fördern, um die Vermittel- barkeit auf dem Arbeitsmarkt zu erhöhen – und sich für den nicht diskriminierenden Zugang für Frauen, Ju- gendliche und Personen mit Behinderungen unter besonderer Berücksichtigung der Beschäftigten in arbeitsintensiven Industrien einzusetzen;

4. legt den Teilnehmerstaaten nahe, in geeigneter Weise Bildung, berufliche Aus- und Weiterbil- dung zu fördern, insbesondere für Frauen und Mädchen und vor allem in den Bereichen Wissen- schaft, Technik, Technologie und Mathematik, als eine außerordentlich wichtige Maßnahme zur Verringerung der digitalen Kluft und zur Stärkung der Rolle der Frau durch die Förderung von Chancen, unter anderem auch in der Wirtschaft;

5. fordert die Teilnehmerstaaten auf, den politischen und institutionellen Rahmen mit dem Ziel zu stärken, innovative Geschäftsmodelle und ein positives Investitionsklima, die Schaffung von Arbeitsplätzen und ein nachhaltiges, inklusives Wirtschaftswachstum zu fördern;

6. ermutigt die Teilnehmerstaaten, den Privatsektor, die Zivilgesellschaft, Arbeitnehmerund Arbeit- gebervereinigungen, wissenschaftliche Kreise und andere maßgebliche Akteure in die Ermittlung des Bedarfs an Entwicklung des Humankapitals einzubinden und mit ihnen gemeinsam entspre- chende Strategien und Regelungen zu entwickeln und umzusetzen;

7. fordert die Teilnehmerstaaten auf, sich weiterhin mit den Chancen und Herausforderungen zu befassen, die mit den durch die digitale Transformation der Wirtschaft einhergehenden neuen Formen der Beschäftigung verbunden sind, auch im Hinblick auf die Gewährleistung von ange- messenem sozialem Schutz;

8. ermutigt die Teilnehmerstaaten, Maßnahmen zur Bekämpfung der Korruption in den Sektoren allgemeine und beruflich Bildung zu ergreifen und den offenen, gleichberechtigten und korrupti- onsfreien Zugang zu Bildung, digitalen Kompetenzen und Weiterbildungsmöglichkeiten zu fördern; 3 9. ermutigt die Teilnehmerstaaten, von der OSZE Gebrauch zu machen, um vorbildliche Verfahren auszutauschen und Initiativen zum Aufbau von Kapazitäten im Sinne dieses Beschlusses zu fördern;

10. legt den Teilnehmerstaaten nahe, bei der Entwicklung des Humankapitals enger zusammenzu- arbeiten, auch mit einschlägig tätigen internationalen Organisationen, etwa in Bereichen wie der Erleichterung und Verbreiterung des Zugangs zu Bildungs-, Forschungs- und Ausbildungsinstitu- tionen, wobei der Verbesserung der digitalen Kompetenzen besonderes Augenmerk gelten sollte;

11. beauftragt die zuständigen Durchführungsorgane der OSZE, einschließlich der Feldoperatio- nen, im Rahmen ihrer Mandate und der verfügbaren Ressourcen die Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses zu unterstützen;

12. Ermutigt die Kooperationspartner der OSZE dazu, diesen Beschluss auf freiwilliger Basis um- zusetzen.

185 4. Menschenrechtsbezogene Verpflichtungen, die für bestimmte Gruppengelten 4.1 Nationale Minderheiten

4.1 Nationale Minderheiten

Siehe auch: I. 2.3.4 B: Hoher Kommissar für nationale Minderheiten II. 4.2: Roma and Sinti II. 5: Verpflichtungen in Bezug auf Gleichheit, Toleranz und Nichtdiskriminierung

4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzip VII)

Die Teilnehmerstaaten, auf deren Territorium nationale Minderheiten bestehen, werden das Recht von Personen, die zu solchen Minderheiten gehören, auf Gleichheit vor dem Gesetz achten; sie wer- den ihnen jede Möglichkeit für den tatsächlichen Genuß der Menschenrechte und Grundfreihei- ten gewähren und werden auf diese Weise ihre berechtigten Interessen in diesem Bereich schützen.

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] unterstreichen auch die Bedeutung ständiger Fortschritte bei der Ge- währleistung der Achtung und des tatsächlichen Genusses der Rechte von Personen, die nati- onalen Minderheiten angehören, sowie beim Schutz ihrer legitimen Interessen, wie dies in der Schlußakte vorgesehen ist.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(18) Teilnehmerstaaten werden sich unablässig bemühen, die Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid im Hinblick auf nationale Minderheiten durchzufüh- ren. Sie werden alle notwendigen gesetzlichen, administrativen, gerichtlichen und sonstigen Maß- nahmen ergreifen und die einschlägigen internationalen Dokumente, durch die sie gegebenenfalls gebunden sind, anwenden, um den Schutz der Menschenrechte und Grundfreiheiten von Angehö- rigen nationaler Minderheiten auf ihrem Territorium zu gewährleisten. Sie werden sich jeglicher 4 Diskriminierung dieser Personen enthalten und zur Verwirklichung ihrer legitimen Interessen und Bestrebungen im Bereich der Menschenrechte und Grundfreiheiten beitragen.

Kopenhagen 1990

(30) Die Teilnehmerstaaten erkennen an, daß die Fragen der nationalen Minderheiten nur in einem demokratischen politischen Rahmen, der auf Rechtsstaatlichkeit beruht, und bei einem funktio- nierenden unabhängigen Gerichtswesen zufriedenstellend gelöst werden können. Dieser Rahmen gewährleistet die volle Achtung der Menschenrechte und Grundfreiheiten, die Gleichberechtigung und Gleichstellung aller Bürger, den freien Ausdruck all ihrer legitimen Interessen und Bestre- bungen, den politischen Pluralismus, soziale Toleranz und die Verwirklichung der gesetzlichen Regeln, die wirksame Mittel gegen den Mißbrauch der Regierungsgewalt bieten. (…)

187 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Sie bekräftigen ferner, daß die Achtung der Rechte von Angehörigen nationaler Minderheiten als Teil der international anerkannten Menschenrechte ein wesentlicher Faktor für Friede, Gerech- tigkeit, Stabilität und Demokratie in den Teilnehmerstaaten ist.

(31) Angehörige nationaler Minderheiten haben das Recht, ihre Menschenrechte und Grundfrei- heiten ohne jegliche Diskriminierung und in voller Gleichheit vor dem Gesetz voll und wirksam auszuüben.

Die Teilnehmerstaaten werden, wo dies erforderlich ist, besondere Maßnahmen ergreifen, um die volle Gleichheit von Angehörigen nationaler Minderheiten mit anderen Bürgern bei der Ausübung und dem Genuß der Menschrechte und Grundfreiheiten zu gewährleisten.

(32) Die Zugehörigkeit zu einer nationalen Minderheit ist Angelegenheit der persönlichen Entschei- dung eines Menschen, und darf als solche für ihn keinen Nachteil mit sich bringen. (…)

Angehörige nationaler Minderheiten können ihre Rechte einzeln oder in Gemeinschaft mit an- deren Mitgliedern ihrer Gruppe ausüben und genießen. Aus der Ausübung oder Nichtausübung eines dieser Rechte darf kein Nachteil für Angehörige einer nationalen Minderheit erwachsen. (…)

(35) Die Teilnehmerstaaten werden das Recht von Angehörigen nationaler Minderheiten achten, wirksam an öffentlichen Angelegenheiten teilzunehmen, einschließlich der Mitwirkung in Ange- legenheiten betreffend den Schutz und die Förderung der Identität solcher Minderheiten. (…)

(36) Die Teilnehmerstaaten erkennen die besondere Bedeutung einer verstärkten konstruktiven Zusammenarbeit untereinander bei Fragen betreffend nationale Minderheiten an. Eine solche Zusammenarbeit soll das gegenseitige Verständnis und Vertrauen, die freundschaftlichen und gutnachbarlichen Beziehungen, den internationalen Frieden, die internationale Sicherheit und Gerechtigkeit fördern.

Jeder Teilnehmerstaat wird ein Klima der gegenseitigen Achtung, des Verständnisses, der Zu- sammenarbeit und Solidarität zwischen allen Bewohnern seines Territoriums fördern, ohne Un- terschied der ethnischen oder nationalen Abstammung oder der Religion, und die Lösung von Problemen durch einen auf den Prinzipien der Rechtsstaatlichkeit beruhenden Dialog ermutigen.

(37) Keine dieser Verpflichtungen darf so ausgelegt werden, daß sie das Recht begründet, eine Tätig- keit auszuüben oder eine Handlung zu begehen, die in Widerspruch zu den Zielen und Prinzipien der Charta der Vereinten Nationen, anderen völkerrechtlichen Verpflichtungen oder den Bestim- mungen der Schlußakte einschließlich des Prinzips der territorialen Integrität der Staaten steht.

(38) Die Teilnehmerstaaten werden bei ihren Bemühungen, die Rechte von Angehörigen nationaler Minderheiten zu schützen und zu fördern, ihre in den bestehenden Menschenrechtskonventionen und anderen einschlägigen internationalen Dokumenten eingegangenen Verpflichtungen voll ach- ten und den Beitritt zu den einschlägigen Konventionen in Betracht ziehen, einschließlich jener, die ein Beschwerderecht von Einzelpersonen vorsehen, sofern ein solcher Beitritt noch nicht erfolgt ist.

(39) Die Teilnehmerstaaten werden in den zuständigen internationalen Organisationen, denen sie angehören, einschließlich der Vereinten Nationen und, wo dies zweckmäßig erscheint, des

188 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Europarats, eng zusammenarbeiten und dabei deren laufende Arbeiten zu Fragen betreffend na- tionale Minderheiten berücksichtigen.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

(…) Ferner erkennen wir an, daß die Rechte von Angehörigen nationaler Minderheiten als Teil der allgemein anerkannten Menschenrechte uneingeschränkt geachtet werden müssen (…)

Genf 1991

II.

Die Teilnehmerstaaten betonen die fortdauernde Bedeutung einer eingehenden Überprüfung der Durchführung ihrer KSZE-Verpflichtungen bezüglich der Angehörigen nationaler Minderheiten.

Sie unterstreichen, daß die Menschenrechte und Grundfreiheiten die Grundlage für den Schutz und die Förderung der Rechte von Angehörigen nationaler Minderheiten bilden (…)

Fragen nationaler Minderheiten sowie die Erfüllung internationaler Verpflichtungen hinsichtlich der Rechte von Angehörigen nationaler Minderheiten sind ein berechtigtes internationales Anlie- gen und daher eine nicht ausschließlich innere Angelegenheit des jeweiligen Staates.

Sie nehmen zur Kenntnis, daß nicht alle ethnischen, kulturellen, sprachlichen oder religiösen Un- terschiede notwendigerweise zur Bildung nationaler Minderheiten führen.

III. (…) werden die Teilnehmerstaaten in Erwägung ziehen, daß diese bei der Erörterung von Fragen bezüglich der Lage nationaler Minderheiten in ihren Ländern in Einklang mit den Verfahren zur Beschlußfassung jedes Staates eine wirksame Möglichkeit haben sollen, beteiligt zu werden (…) Sie sind der Auffassung, daß es besonderer Bemühungen bedarf, spezifische Probleme auf konstruktive Weise und auf dem Wege des Dialogs durch Verhandlungen und Kon- sultationen mit dem Ziel zu lösen, die Lage von Angehörigen nationaler Minderheiten zu verbessern. 4 Sie anerkennen, daß die Förderung des Dialogs zwischen Staaten sowie zwischen Staaten und Angehörigen nationaler Minderheiten am erfolgreichsten ist, wenn ein freier Informations- und Ideenfluß zwischen allen Beteiligten gegeben ist. Sie unterstützen einseitige, bi- und multilate- rale Bemühungen der Regierungen, Wege zur Erhöhung der Wirksamkeit der Durchführung der KSZE-Verpflichtungen bezüglich nationaler Minderheiten zu erkunden.

Ferner ziehen die Teilnehmerstaaten in Erwägung, daß die Achtung der Menschenrechte und Grundfreiheiten in der gesamten Gesellschaft ohne jegliche Diskriminierung gewährt werden muß. In Gebieten, in denen vorwiegend Angehörige einer nationalen Minderheit leben, werden die Menschenrechte und Grundfreiheiten von Angehörigen dieser Minderheit ebenso wie die von Angehörigen der Mehrheitsbevölkerung des jeweiligen Staates und von Angehörigen anderer in diesen Gebieten lebender nationaler Minderheiten gleichermaßen geschützt. (…)

189 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Sie werden den zuständigen Behörden erlauben, das Büro für freie Wahlen über alle geplanten staatlichen Wahlen auf ihrem Staatsgebiet, einschließlich der nicht-gesamtstaatlichen, zu infor- mieren. Die Teilnehmerstaaten werden, soweit dies gesetzlich zulässig ist, die Anwesenheit von Beobachtern bei nicht-gesamtstaatlichen Wahlen wohlwollend prüfen und sich bemühen, den Be- obachtern den Zugang dazu zu erleichtern.

IV.

Die Teilnehmerstaaten werden für Angehörige nationaler Minderheiten Voraussetzungen zur Chancengleichheit schaffen für eine wirksame Beteiligung am öffentlichen Leben, an wirtschaft- lichen Aktivitäten und am Aufbau ihrer Gesellschaft.

Im Einklang mit Punkt 31 des Kopenhagener Dokuments werden die Teilnehmerstaaten die not- wendigen Maßnahmen ergreifen, um die Diskriminierung von Einzelpersonen – insbesondere hinsichtlich Beschäftigung, Wohnungswesen und Bildung – aufgrund deren Zugehörigkeit oder Nichtzugehörigkeit zu einer nationalen Minderheit zu verhindern. In diesem Zusammenhang werden sie – falls dies noch nicht geschehen ist – dafür Sorge tragen, daß Einzelpersonen, die auf- grund ihrer Zugehörigkeit oder Nichtzugehörigkeit zu einer nationalen Minderheit diskriminiert wurden, wirksamen Zugang zu Rechtsmitteln haben, auch durch das Vorhandensein verschiedener Möglichkeiten administrativer und gerichtlicher Rechtsmittel für einzelne Diskriminierungsopfer. (…)

Die Teilnehmerstaaten bestätigen, daß Angehörige einer nationalen Minderheit dieselben Rechte und dieselben Pflichten haben, die sich aus der Staatsangehörigkeit ergeben, wie die anderen Staatsangehörigen. (…)

Sie anerkennen, daß solche Maßnahmen, die unter anderem historische und territoriale Umstände nationaler Minderheiten berücksichtigen, in solchen Gebieten von besonderer Bedeutung sind, in denen sich demokratische Institutionen noch festigen werden und Fragen nationaler Minderhei- ten ein besonderes Anliegen darstellen.

190 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Verhinderung der Entstehung lokaler Spannungen und zur friedlichen Behandlung solcher Kon- flikte, falls sie entstanden sind; und • Unterstützung zur Gründung ständiger gemischter Kommissionen auf zwischenstaatlicher oder regionaler Ebene zur Erleichterung des fortdauernden Dialogs zwischen den betreffen- den Grenzregionen.

Die Teilnehmerstaaten sind der Ansicht, daß diese und andere Methoden – einzeln oder in Ver- bindung mit anderen – zur Verbesserung der Lage nationaler Minderheiten auf ihren Staatsge- bieten beitragen könnten.

Die Teilnehmerstaaten achten das Recht von Angehörigen nationaler Minderheiten, ihre Rechte allein oder in Gemeinschaft mit anderen ungehindert auszuüben, Organisationen und Vereini- gungen in ihrem Land zu gründen und zu unterhalten und in internationalen nichtstaatlichen Organisationen mitzuwirken (…)

VI.

Besorgt über die Zunahme von Handlungen, die von rassischem, ethnischem und religiösem Haß, Antisemitismus, Xenophobie und Diskriminierung gekennzeichnet sind, unterstreichen die Teil- nehmerstaaten ihre Entschlossenheit, solche Handlungen – gegen wen auch immer sie gerichtet sind – auch weiterhin zu verurteilen.

In diesem Zusammenhang bekräftigen sie erneut, daß sie die besonderen Probleme der Roma (Zi- geuner) anerkennen. Sie sind bereit, wirksame Maßnahmen zu ergreifen, um die volle Chancen- gleichheit zwischen Angehörigen der Roma mit gewöhnlichem Aufenthalt in ihrem Staat und der übrigen dort ansässigen Bevölkerung herzustellen. Sie werden darüber hinaus Forschungsarbei- ten und Studien über die Roma und deren besondere Probleme unterstützen. Sie werden wirk- same Maßnahmen zur Förderung von Toleranz, Verständigung, Chancengleichheit und guten Beziehungen zwischen Einzelpersonen unterschiedlicher Herkunft in ihrem Land ergreifen. (…)

Moskau 1991 4 (37) Die Teilnehmerstaaten bekräftigen die in allen KSZE-Dokumenten, insbesondere im Doku- ment des Kopenhagener Treffens der Konferenz über die Menschliche Dimension der KSZE enthal- tenen Bestimmungen und Verpflichtungen im Bereich der nationalen Minderheiten und der Rechte der Angehörigen nationaler Minderheiten sowie jene im Bericht des Genfer KSZE-Expertentref- fens über nationale Minderheiten enthaltenen Bestimmungen und Verpflichtungen und fordern zu deren uneingeschränkten und baldigen Verwirklichung auf. Sie sind der Meinung, daß insbeson- dere die Anwendung der neuen und erweiterten KSZE-Mechanismen und Verfahren zum besseren Schutz und zur Förderung der Rechte von Angehörigen nationaler Minderheiten beitragen wird.

Helsinki 1992 (Beschlüsse: II. Hoher Kommissar der KSZE für nationale Minderheiten)

(1) Die Teilnehmerstaaten beschließen, einen Kommissar für nationale Minderheiten einzuset- zen (…)

191 4.1.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(23) bekräftigen mit größtem Nachdruck ihre Entschlossenheit, all ihren KSZE-Verpflichtungen unverzüglich und getreu nachzukommen, (…) betreffend Fragen nationaler Minderheiten und die Rechte der diesen angehörigen Personen;

(24) Werden in diesem Zusammenhang ihre Bemühungen verstärken, um sicherzustellen, daß Angehörige nationaler Minderheiten ihre Menschenrechte und Grundfreiheiten einzeln oder in Gemeinschaft mit anderen frei ausüben können, einschließlich des Rechts auf umfassende Beteili- gung am politischen, wirtschaftlichen, gesellschaftlichen und kulturellen Leben ihrer Länder (…)

(25) werden auch weiterhin durch unilaterale, bilaterale und multilaterale Bemühungen nach weite- ren Möglichkeiten für eine wirksamere Verwirklichung ihrer einschlägigen KSZE- Verpflichtungen suchen, darunter derjenigen betreffend den Schutz und die Schaffung von Bedingungen für die För- derung der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minderheiten;

(26) werden Fragen nationaler Minderheiten in konstruktiver Weise, mit friedlichen Mitteln und durch Dialog zwischen allen betroffenen Parteien auf der Grundlage der KSZE-Prinzipien und – Verpflichtungen behandeln;

(27) Werden Abstand davon nehmen und alle Versuche verurteilen, durch die Androhung oder Anwendung von Gewalt Personen mit dem Ziel umzusiedeln, die ethnische Zusammensetzung von Gebieten innerhalb ihrer Territorien zu verändern (…)

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

21. Die Teilnehmerstaaten bestätigen ihre Entschlossenheit, die Durchführung der Bestimmun- gen der Schlußakte und aller anderen KSZE-Dokumente betreffend den Schutz der Rechte von Angehörigen nationaler Minderheiten konsequent zu fördern. Sie heben die diesbezügliche Tä- tigkeit des HKNM lobend hervor.

22. Die Teilnehmerstaaten begrüßen die internationalen Bemühungen um Verbesserung des Schut- zes der Rechte von Angehörigen nationaler Minderheiten. Sie nehmen die Annahme einer Rah- menvereinbarung über den Schutz von nationalen Minderheiten im Rahmen des Europarats zur Kenntnis, die sich auf diesbezügliche KSZE-Normen gründet. Sie unterstrichen, daß die Verein- barung – auf Einladung – auch solchen Staaten zur Unterzeichnung offensteht, die nicht Mitglied des Europarats sind, und sie könnten erwägen, die Möglichkeit zu prüfen, Vertragspartei dieser Vereinbarung zu werden.

Lissabon 1996 (Erklärung von Lissabon über gemeinsames und umfassendes Sicherheitsmodell für Europa im einundzwanzigsten Jahrhundert)

(10) (…)

bekräftigen wir – als wesentlichen Beitrag zur Sicherheit – unsere Entschlossenheit, alle unsere Verpflichtungen in bezug auf die Rechte von Angehörigen nationaler Minderheiten vollständig zu achten und durchzuführen. Wir bekräftigen unseren Willen, uneingeschränkt mit dem Hohen Kommissar für nationale Minderheiten zusammenzuarbeiten. Wir sind bereit, jedem Ersuchen

192 4.1.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

eines Teilnehmerstaats nachzukommen, der eine Lösung für Minderheitenfragen auf seinem Ter- ritorium sucht.

Istanbul 1999 (Gipfelerklärung)

30. Wir bekräftigen unsere Verpflichtung, dafür Sorge zu tragen, dass die Rechte von Angehöri- gen nationaler Minderheiten in Gesetz und Politik uneingeschränkt Achtung finden, insbesondere was Fragen der kulturellen Identität betrifft (…) Wir befürworten ferner die Verabschiedung und vollständige Umsetzung umfassender Antidiskriminierungsgesetze, um volle Chancengleichheit für alle zu fördern (…) Wir bekräftigen, dass wir uns verstärkt um die Umsetzung der Empfeh- lungen des Hohen Kommissars für nationale Minderheiten bemühen werden.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

Der Schutz und die Förderung der Rechte von Angehörigen nationaler Minderheiten sind wesentli- che Faktoren für Demokratie, Frieden, Gerechtigkeit und Stabilität innerhalb der Teilnehmerstaaten und zwischen ihnen (…) Die uneingeschränkte Achtung der Menschenrechte, einschließlich der Rechte von Angehörigen nationaler Minderheiten, ist nicht nur ein Ziel an sich; sie höhlt die territo- riale Integrität und die Souveränität keineswegs aus, sondern stärkt sie vielmehr (…) Wir verurtei- len jede Gewalt gegen eine Minderheit. Wir versprechen, Maßnahmen zur Förderung der Toleranz und zur Errichtung pluralistischer Gesellschaften zu ergreifen, in denen alle Angehörigen natio- naler Minderheiten ungeachtet ihrer ethnischen Herkunft volle Chancengleichheit genießen (…)

4.1.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

Kopenhagen 1990

Die Teilnehmerstaaten nehmen die Bemühungen zur Kenntnis, die ethnische, kulturelle, sprach- liche und religiöse Identität bestimmter nationaler Minderheiten zu schützen und Bedingungen für ihre Förderung zu schaffen, indem sie als eine der Möglichkeiten zur Erreichung dieser Ziele 4 geeignete lokale oder autonome Verwaltungen einrichten, die den spezifischen historischen und territorialen Gegebenheiten dieser Minderheiten Rechnung tragen und in Einklang mit der Poli- tik des betreffenden Staates stehen.

Genf 1991

III.

In Achtung des Rechts von Angehörigen nationaler Minderheiten auf wirksame Beteiligung an öf- fentlichen Angelegenheiten werden die Teilnehmerstaaten in Erwägung ziehen, daß diese bei der Erörterung von Fragen bezüglich der Lage nationaler Minderheiten in ihren Ländern in Einklang mit den Verfahren zur Beschlußfassung jedes Staates eine wirksame Möglichkeit haben sollen, be- teiligt zu werden. Sie sind ferner der Ansicht, daß eine angemessene demokratische Mitwirkung von Angehörigen nationaler Minderheiten oder ihrer Vertreter in Entscheidungs- oder Beratungs- organen ein wichtiges Element der echten Mitwirkung an öffentlichen Angelegenheiten darstellt.

193 4.1.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

Sie sind der Auffassung, daß es besonderer Bemühungen bedarf, spezifische Probleme auf konst- ruktive Weise und auf dem Wege des Dialogs durch Verhandlungen und Konsultationen mit dem Ziel zu lösen, die Lage von Angehörigen nationaler Minderheiten zu verbessern. Sie anerkennen, daß die Förderung des Dialogs zwischen Staaten sowie zwischen Staaten und Angehörigen natio- naler Minderheiten am erfolgreichsten ist, wenn ein freier Informations- und Ideenfluß zwischen allen Beteiligten gegeben ist (…)

IV.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten (…)

(24) werden in diesem Zusammenhang ihre Bemühungen verstärken, um sicherzustellen, daß An- gehörige nationaler Minderheiten ihre Menschenrechte und Grundfreiheiten einzeln oder in Ge- meinschaft mit anderen frei ausüben können, einschließlich des Rechts auf umfassende Beteiligung am politischen, wirtschaftlichen, gesellschaftlichen und kulturellen Leben ihrer Länder in Über- einstimmung mit den demokratischen Entscheidungsverfahren jedes Staats, einschließlich durch demokratische Teilnahme an der Entscheidungsfindung und an beratenden Gremien auf natio- naler, regionaler und lokaler Ebene, unter anderem durch politische Parteien und Verbände (…)

194 4.1.3 Kulturelle, sprachliche und religiöse Identität und Bildung

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

10. Wird für Fortschritte bei der Umsetzung der OSZE-Verpflichtungen betreffend nationale Min- derheiten sorgen und anerkennt die Wichtigkeit der Empfehlungen des Hohen Kommissars für nationale Minderheiten zu Fragen (…) der Öffentlichkeit (…)

4.1.3 Kulturelle, sprachliche und religiöse Identität und Bildung

Helsinki 1975 (Zusammenarbeit in humanitären und anderen Bereichen)

(…) Die Teilnehmerstaaten, in Anerkennung des Beitrages, den die nationalen Minderheiten oder die regionalen Kulturen zur Zusammenarbeit zwischen ihnen in verschiedenen Bereichen der BiI- dung leisten können, beabsichtigen, wenn auf ihrem Territorium solche Minderheiten oder Kul- turen/Bildung existieren, diesen Beitrag unter Berücksichtigung der legitimen Interessen ihrer Mitglieder zu erleichtern.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(19) [Die Teilnehmerstaaten] werden die ethnische, kulturelle, sprachliche und religiöse Identi- tät nationaler Minderheiten auf ihrem Territorium schützen und Bedingungen für die Förderung dieser Identität schaffen. (…)

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(45) [Die Teilnehmerstaaten] werden in der Praxis gewährleisten, daß Angehörige nationaler Min- derheiten oder regionaler Kulturen auf ihren Territorien Informationen in ihrer Muttersprache verbreiten und austauschen können und zu solchen Informationen Zugang habe. (…)

(59) [Die Teilnehmerstaaten] werden gewährleisten, daß Angehörige nationaler Minderheiten oder 4 regionaler Kulturen auf ihren Territorien ihre eigene Kultur in all ihren Aspekten pflegen und ent- wickeln können, einschließlich von Sprache, Literatur und Religion, und daß sie ihre kulturellen und historischen Denkmäler und Gegenstände erhalten können. (…)

(68) [Die Teilnehmerstaaten] werden gewährleisten, daß Angehörige nationaler Minderheiten oder regionaler Kulturen auf ihren Territorien Unterricht über ihre eigene Kultur erteilen und erhal- ten können; diese schließt die Vermittlung von Sprache, Religion und kultureller Identität durch die Eltern an ihre Kinder ein.

Kopenhagen 1990

(32) (…) Angehörige nationaler Minderheiten haben das Recht, ihre ethnische, kulturelle, sprach- liche und religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und weiterzuentwickeln,

195 4.1.3 Kulturelle, sprachliche und religiöse Identität und Bildung

und ihre Kultur in all ihren Aspekten zu erhalten und zu entwickeln, frei von jeglichen Versuchen, gegen ihren Willen assimiliert zu werden. Insbesondere haben sie das Recht (32.1) sich ihrer Muttersprache sowohl privat als auch in der Öffentlichkeit frei zu bedienen; (32.2) ihre eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen oder -vereini- gungen zu gründen und zu unterhalten, die um freiwillige Beiträge finanzieller oder anderer Art so- wie öffentliche Unterstützung in Einklang mit den nationalen Rechtsvorschriften ersuchen können; (…) (32.3) sich zu ihrer Religion zu bekennen und diese auszuüben, einschließlich des Erwerbs und Besitzes sowie der Verwendung religiösen Materials, und den Religionsunterricht in ihrer Mut- tersprache abzuhalten; (…)

Jede dieser Maßnahmen wird mit den Prinzipien der Gleichheit und Nicht-Diskriminierung in bezug auf die anderen Bürger des betreffenden Teilnehmerstaates in Einklang stehen.

(34) Die Teilnehmerstaaten werden sich darum bemühen, Angehörigen nationaler Minderheiten, ungeachtet der Notwendigkeit, die offizielle Sprache oder die offiziellen Sprachen des betreffen- den Staates zu erlernen, in Einklang mit den anwendbaren nationalen Rechtsvorschriften entspre- chende Möglichkeiten für den Unterricht ihrer Muttersprache oder in ihrer Muttersprache sowie, wo immer dies möglich und notwendig ist, für deren Gebrauch bei Behörden zu gewährleisten.

Im Zusammenhang mit dem Unterricht von Geschichte und Kultur in Bildungseinrichtungen wer- den sie auch die Geschichte und Kultur der nationalen Minderheiten berücksichtigen.

Die Teilnehmerstaaten nehmen die Bemühungen zur Kenntnis, die ethnische, kulturelle, sprach- liche und religiöse Identität bestimmter nationaler Minderheiten zu schützen und Bedingungen für ihre Förderung zu schaffen, indem sie als eine der Möglichkeiten zur Erreichung dieser Ziele geeignete lokale oder autonome Verwaltungen einrichten, die den spezifischen historischen und territorialen Gegebenheiten dieser Minderheiten Rechnung tragen und in Einklang mit der Poli- tik des betreffenden Staates stehen.

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir bekräftigen, daß die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Min- derheiten Schutz genießen muß und daß Angehörige nationaler Minderheiten das Recht haben, diese Identität ohne jegliche Diskriminierung und in voller Gleichheit vor dem Gesetz frei zum Ausdruck zu bringen, zu wahren und weiterzuentwickeln.

196 4.1.3 Kulturelle, sprachliche und religiöse Identität und Bildung

(…)

Wir sind entschlossen, den wertvollen Beitrag nationaler Minderheiten zum Leben unserer Ge- sellschaften zu fördern, und verpflichten uns, deren Lage weiter zu verbessern. Wir bekräftigen unsere tiefe Überzeugung, daß freundschaftliche Beziehungen zwischen unseren Völkern sowie Friede, Gerechtigkeit, Stabilität und Demokratie den Schutz der ethnischen, kulturellen, sprach- lichen und religiösen Identität nationaler Minderheiten und die Schaffung von Bedingungen für die Förderung dieser Identität erfordern (…)

Genf 1991 (IV)

Die Teilnehmerstaaten sind überzeugt, daß die Bewahrung der Werte und des kulturellen Erbes nationaler Minderheiten die Beteiligung von Angehörigen solcher Minderheiten erfordert und daß Toleranz und Achtung unterschiedlicher Kulturen in dieser Hinsicht von außerordentlicher Bedeutung sind. Dementsprechend bekräftigen sie die Wichtigkeit, sich Behinderungen bei der Herstellung von Kulturgut über nationale Minderheiten, auch der Herstellung durch Angehörige nationaler Minderheiten, zu enthalten.

Im Bewußtsein der Vielfalt und der sich ändernden Verfassungsordnungen, die eine allgemein- gültige Methode nicht notwendigerweise anwendbar machen, nehmen die Teilnehmerstaaten mit Interesse zur Kenntnis, daß einige von ihnen auf entsprechend demokratischem Weg positive Er- gebnisse erzielt haben, unter anderem durch: • Beratungs- und Entscheidungsorgane, in den Minderheiten vertreten sind – insbesondere in den Bereichen Bildung, Kultur und Religion; (…) • Selbstverwaltung einer nationalen Minderheit in Angelegenheiten ihrer Identität, wo Territo- rialautonomie nicht anwendbar ist; (…) • angemessene Ausbildungsformen und -stufen für Angehörige nationaler Minderheiten in ihrer Muttersprache – unter gebührender Berücksichtigung der zahlenmäßigen Größe, geographi- schen Siedlungslage und kulturellen Traditionen nationaler Minderheiten; • Finanzierung des Unterrichts von Minderheitensprachen für die Allgemeinheit sowie Einbezie- 4 hung von Minderheitensprachen in die Lehrerausbildung – insbesondere in Gebieten, in denen Angehörige nationaler Minderheiten leben; • Ergreifung der notwendigen Maßnahmen in denjenigen Fällen, in denen auf ihrem Staatsgebiet der Unterricht in einem bestimmten Fachgebiet in der Minderheitensprache nicht auf allen Ebe- nen gewährleistet ist – um Möglichkeiten für die Anerkennung von im Ausland erteilten Dip- lomen für ein in dieser Sprache abgeschlossenes Studium zu schaffen; (…) • Bereitstellung finanzieller und technischer Hilfe für Angehörige nationaler Minderheiten, die dies wünschen, zur Ausübung ihres Rechts auf Gründung und Erhaltung ihrer eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen und – vereinigungen; (…)

197 4.1.4 Menschliche Kontakte, Informationsfreiheit, freie Medien

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten (…)

(25) werden auch weiterhin durch unilaterale, bilaterale und multilaterale Bemühungen nach wei- teren Möglichkeiten für eine wirksamere Verwirklichung ihrer einschlägigen KSZE- Verpflich- tungen suchen, darunter derjenigen betreffend den Schutz und die Schaffung von Bedingungen für die Förderung der ethnischen, kulturellen, sprachlichen und religiösen Identität nationaler Minderheiten (…)

Istanbul 1999 (Gipfelerklärung)

30. Wir bekräftigen unsere Verpflichtung, dafür Sorge zu tragen, dass die Rechte von Angehöri- gen nationaler Minderheiten in Gesetz und Politik uneingeschränkt Achtung finden, insbeson- dere was Fragen der kulturellen Identität betrifft. Insbesondere unterstreichen wir die Forderung, dass Gesetze und Politik zu Bildungs-, Sprachen- und Mitspracherechten von Angehörigen natio- naler Minderheiten im Einklang mit anwendbaren internationalen Standards und Übereinkom- men stehen müssen (…)

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

19. (…) Verschiedene Konzepte der Autonomie sowie andere (...) Lösungsansätze im Einklang mit den OSZEPrinzipien bieten sich für die Bewahrung und Förderung der ethnischen, kultu- rellen, sprachlichen und religiösen Identität nationaler Minderheiten innerhalb eines gegebenen Staates an (…)

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat,

10. wird für Fortschritte bei der Umsetzung der OSZE-Verpflichtungen betreffend nationale Min- derheiten sorgen und anerkennt die Wichtigkeit der Empfehlungen des Hohen Kommissars für nationale Minderheiten zu Fragen der Bildung,(…) und der Sprache, etwa auch deren Gebrauch in den Sendemedien, sowie der einschlägigen Empfehlungen des Beauftragten für Medienfrei- heit in dieser Frage;

4.1.4 Menschliche Kontakte, Informationsfreiheit, freie Medien

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen)

(31) [Die Teilnehmerstaaten] werden gewährleisten, daß auf ihren Territorien Angehörige nationa- ler Minderheiten oder regionaler Kulturen hinsichtlich menschlicher Kontakte gemäß der Schluß- akte und den anderen oben genannten KSZE-Dokumenten denselben Status genießen wie andere Bürger, und aß diese Personen solche Kontakte durch Reisen und andere Kommunikationsmittel aufnehmen und pflegen könne, auch mit Bürgern anderer Staaten, mit denen sie eine gemeinsame nationale Herkunft oder ein gemeinsames kulturelles Erbe teilen. (…)

198 4.1.4 Menschliche Kontakte, Informationsfreiheit, freie Medien

Kopenhagen 1990

(32) (…) Die Teilnehmerstaaten bestätigen, daß Angehörige einer nationalen Minderheit, diesel- ben Rechte (…) haben, (…) (32.4) – untereinander ungehinderte Kontakte innerhalb ihres Landes sowie Kontakte über die Grenzen hinweg mit Bürgern anderer Staaten herzustellen und zu pflegen, mit denen sie eine ge- meinsame ethnische oder nationale Herkunft, ein gemeinsames kulturelles Erbe oder ein religi- öses Bekenntnis teilen; (…)

Genf 1991

IV.

VII.

In der Überzeugung, daß der Schutz der Rechte von Angehörigen nationaler Minderheiten den freien Informationsfluß und Ideenaustausch voraussetzt, unterstreichen die Teilnehmerstaaten die Bedeutung der Kommunikation zwischen Angehörigen nationaler Minderheiten ohne Einmischung staatlicher Behörden und ohne Rücksicht auf Grenzen. Die Ausübung solcher Rechte darf nur sol- chen Beschränkungen unterliegen, die gesetzlich vorgesehen sind und mit internationalen Normen in Einklang stehen. Sie bekräftigen erneut, daß gegen keinen Angehörigen einer nationalen Min- derheit, nur weil er einer solchen Minderheit angehört, straf- oder verwaltungsrechtliche Maßnah- men verhängt werden, wenn er innerhalb bzw. außerhalb seines Landes Kontakte unterhalten hat.

199 4.1.5 Rolle von Organisationen und Vereinigungen

Sie werden beim Zugang zu den Medien niemanden aus ethnischen, kulturellen sprachlichen oder religiösen Gründen diskriminieren. Sie werden Informationen zur Verfügung stellen, die den elek- tronischen Massenmedien dabei behilflich sind, in ihren Programmen die ethnische, kulturelle, sprachliche und religiöse Identität nationaler Minderheiten zu berücksichtigen.

Sei bekräftigen erneut, daß die Herstellung und die Pflege von ungehinderten Kontakten zwi- schen Angehörigen einer nationalen Minderheit sowie von Kontakten über die Grenzen hinweg zwischen Angehörigen einer nationalen Minderheit mit Personen, mit denen sie eine gemeinsame ethnische oder nationale Herkunft, ein gemeinsames kulturelles Erbe oder ein religiöses Bekennt- nis teilen, zur gegenseitigen Verständigung beitragen und gutnachbarliche Beziehungen fördern.

Daher unterstützen sie Vereinbarungen über die grenzüberschreitende Zusammenarbeit auf ge- samtstaatlicher, regionaler und örtlicher Ebene, unter anderem über kleinen Grenzverkehr, Er- haltung und Besuche von kulturellen und historischen Denkmälern und Stätten, Tourismus, die Verbesserung des Verkehrswesens, die Wirtschaft, Jugendaustausch, den Umweltschutz und die Schaffung regionaler Kommissionen.

Sie werden ferner, wo immer nationale Minderheiten leben, die Gründung informeller Arbeits- kreise (z.B. Workshops, Komitees sowohl in als auch zwischen den Teilnehmerstaaten) unterstüt- zen zur Erörterung von Fragen nationaler Minderheiten, zum Austausch von Erfahrungen und zur Unterbreitung von Vorschlägen.

Zur Verbesserung ihrer Informationen über die tatsächliche Situation nationaler Minderheiten werden die Teilnehmerstaaten auf freiwilliger Grundlage Informationen über die Lage nationaler Minderheiten in ihren jeweiligen Staatsgebieten verbreiten sowie Darstellungen ihrer diesbezüg- lichen Politik durch das KSZE-Sekretariat an andere Teilnehmerstaaten verbreiten.

Die Teilnehmerstaaten werden im KSZE-Sekretariat Kopien der im Plenum des KSZE-Experten- treffens über nationale Minderheiten geleisteten Beiträge hinterlegen, die sie der Öffentlichkeit zugänglich machen möchten.

4.1.5 Rolle von Organisationen und Vereinigungen

Kopenhagen 1990

(30) (…) [Die Teilnehmerstaaten] erkennen ebenso die bedeutende Rolle nichtstaatlicher Organi- sationen an, und zwar einschließlich politischer Parteien, Gewerkschaften, Menschenrechtsorga- nisationen und religiöser Gruppen, bei der Förderung von Toleranz, kultureller Vielfalt und der Lösung von Fragen betreffend nationale Minderheiten. (…)

(…) Die Teilnehmerstaaten bestätigen, daß Angehörige einer nationalen Minderheit, dieselben Rechte (…) haben

(32.2) ihre eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen oder -vereini- gungen zu gründen und zu unterhalten, die um freiwillige Beiträge finanzieller oder anderer Art so- wie öffentliche Unterstützung in Einklang mit den nationalen Rechtsvorschriften ersuchen können; (…)

200 4.1.6 Schutz vor Hassverbrechen

(32.6) Organisationen oder Vereinigungen in ihrem Land einzurichten und zu unterhalten und in internationalen nichtstaatlichen Organisationen mitzuarbeiten.

Genf 1991

IV.

Die Teilnehmerstaaten sind der Ansicht, daß diese und andere Methoden (…) zur Verbesserung der Lage nationaler Minderheiten auf ihren Staatsgebieten beitragen könnten.

Die Teilnehmerstaaten bekräftigen erneut das Recht von Angehörigen nationaler Minderheiten, ihre eigenen Bildungs-, Kultur- und Religionseinrichtungen, -organisationen und -vereinigungen zu gründen und zu unterhalten und werden die Ausübung dieses Rechts nicht behindern.

In diesem Zusammenhang anerkennen sie die überragende und entscheidende Rolle von Einzel- personen, nichtstaatlichen Organisationen und religiösen sowie anderen Gruppen bei der Förde- 4 rung der kulturübergreifenden Verständigung und bei der Verbesserung der Beziehungen auf allen Ebenen der Gesellschaft sowie über die Staatsgrenzen hinweg.

Sie vertreten die Auffassung, daß Beobachtungen und Erfahrungen solcher Organisationen, Grup- pen und Einzelpersonen aus erster Hand für die Förderung der Durchführung der KSZE-Ver- pflichtungen bezüglich der Angehörigen nationaler Minderheiten von großem Wert sein können. Deshalb werden sie die Arbeit solcher Organisationen, Gruppen und Einzelpersonen unterstützen und nicht behindern und deren Mitarbeit auf diesem Gebiet begrüßen.

4.1.6 Schutz vor Hassverbrechen

Genf 1991

Besorgt über die Zunahme von Handlungen, die von rassischem, ethnischem und religiösem Haß, Antisemitismus, Xenophobie und Diskriminierung gekennzeichnet sind, unterstreichen die

201 4.2 Roma and Sinti

Teilnehmerstaaten ihre Entschlossenheit, solche Handlungen – gegen wen auch immer sie gerich- tet sind – auch weiterhin zu verurteilen. In diesem Zusammenhang bekräftigen sie erneut, daß sie die besonderen Probleme der Roma (Zigeuner) anerkennen (…)

Ferner werden die Teilnehmerstaaten wirksame Maßnahmen ergreifen einschließlich, falls dies noch nicht geschehen ist, der Verabschiedung von mit ihrer Verfassung und ihren internationalen Verpflichtungen im Einklang stehenden Gesetzen, zur Untersagung von Handlungen, welche auf der Grundlage nationaler, rassischer, ethnischer oder religiöser Diskriminierung zu Gewalt, zu Feindseligkeit oder Haß einschließlich Antisemitismus aufhetzen. Sie werden Schritte zur Durch- setzung solcher Gesetze unternehmen.

Darüber hinaus werden sie Anstrengungen unternehmen zur Verstärkung des öffentlichen Bewußt- seins gegenüber Vorurteilen und Haß, zur Verbesserung der Durchsetzung von Gesetzen gegen durch Haß ausgelöste Verbrechen sowie zur sonstigen Förderung der Bemühungen für ein Vor- gehen gegen Haß und Vorurteile in der Gesellschaft. Dazu werden sie über die in ihrem Staatsge- biet begangenen Verbrechen, die in rassischen, ethnischen oder religiösen Vorurteilen begründet sind, Daten sammeln, diese – einschließlich der bei ihrer Sammlung angewandten Richtlinien – regelmäßig veröffentlichen und der Allgemeinheit zugänglich machen. Diese Daten sollen keine personenbezogenen Informationen enthalten.

Sie werden einander konsultieren sowie auf internationaler Ebene, auch bei künftigen KSZE-Tref- fen, einen Meinungs- und Informationsaustausch über solche Verbrechen führen, die Ausdruck von Vorurteilen und Haß sind.

4.2 Roma and Sinti

Siehe auch: I. 2.3.4 A: Das Büro für demokratische Institutionen und Menschenrechte (BDIMR) I. 2.3.4 A. III: Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti II. 5: Verpflichtungen in Bezug auf Gleichheit, Toleranz und Nichtdiskriminierung

4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Genf 1991 (VI)

[Die Teilnehmerstaaten] sind bereit, wirksame Maßnahmen zu ergreifen, um die volle Chancen- gleichheit zwischen Angehörigen der Roma mit gewöhnlichem Aufenthalt in ihrem Staat und der übrigen dort ansässigen Bevölkerung herzustellen. Sie werden darüber hinaus Forschungsarbei- ten und Studien über die Roma und deren besondere Probleme unterstützen.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

23. Die Teilnehmerstaaten beschließen, im Rahmen des BDIMR eine Kontaktstelle für Fragen der Roma und Sinti (Zigeuner) einzurichten (…)

202 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Istanbul 1999 (Gipfelerklärung)

31. (…) Wir verpflichten uns, dafür zu sorgen, dass die Rechte der Roma und Sinti in Gesetz und Politik uneingeschränkt Achtung finden, und zu diesem Zweck, wo dies nötig ist, Antidiskrimi- nierungsgesetze zu fördern (…)

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

20. Wir sind uns der besonderen Schwierigkeiten der Roma und Sinti bewusst und erkennen die Notwendigkeit an, wirksame Maßnahmen zu ergreifen, um für Angehörige der Roma und Sinti im Einklang mit den OSZE-Verpflichtungen volle Chancengleichheit zu verwirklichen. Wir wer- den verstärkte Anstrengungen unternehmen, um sicherzustellen, dass Roma und Sinti an unserer Gesellschaft uneingeschränkt und gleichberechtigt teilnehmen können, und um ihre Diskrimi- nierung ein für allemal zu beseitigen.

Maastricht 2003 (Beschluss Nr. 3/03; Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Der Ministerrat, (…)

in Anerkennung der besonderen Schwierigkeiten, mit denen Roma und Sinti konfrontiert sind, sowie der Notwendigkeit, wirksame Maßnahmen zu ergreifen, um ihrer Diskriminierung ein für alle Mal ein Ende zu bereiten und Chancengleichheit in Übereinstimmung mit den OSZE-Ver- pflichtungen zu verwirklichen,

in Anerkennung der Tatsache, dass in den nationalen Rechtsvorschriften und in Aktionsprogram- men Fortschritte erzielt wurden und dass die Teilnehmerstaaten in dieser Hinsicht beträchtliche Anstrengungen unternommen haben,

jedoch auch in dem Bewusstsein, dass weitere entschlossene Maßnahmen notwendig sind, um die 4 Lage der Roma und Sinti in der gesamten OSZE-Region zu verbessern, (…)

in der Überzeugung, dass Roma und Sinti immer mehr Eigenverantwortung für die sie betreffen- den politischen Strategien übernehmen sollten,

beschließt, den vom Ständigen Rat mit Beschluss Nr. 566 vom 27. November 2003 verabschiede- ten und diesem Beschluss beigefügten Aktionsplan zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu billigen.

203 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

II. Allgemeiner Kontext: für Roma, mit Roma

4. Die Politik oder Umsetzungsstrategie jedes einzelnen Staates sollte: (1) auf die echten Probleme, Bedürfnisse und Prioritäten der Roma- und Sinti-Gemeinschaften eingehen, (2) umfassend sein, (3) ausgewogen und nachhaltig auf die Verbindung der menschenrechtlichen Ziele mit der Sozial- politik achten und (4) die Roma so weitgehend wie möglich in die Politik, die sie betrifft, einbin- den. (…) die Umsetzungsstrategien sollten auch Mechanismen beinhalten, die gewährleisten, dass die nationale Politik auf lokaler Ebene umgesetzt wird.

5. Die Teilnehmerstaaten und einschlägigen OSZE-Institutionen sollten sich in ihren Bemühungen vom Grundsatz leiten lassen, dass jede Politik und Umsetzungsstrategie unter aktiver Mitwirkung der Roma- und Sinti-Gemeinschaften ausgearbeitet und umgesetzt werden sollte. Roma und Sinti sollten Hand in Hand mit lokalen, nationalen und internationalen Behörden an der Entwicklung dieser Strategien arbeiten. Roma-Gemeinschaften sollten außerdem gleichberechtigte Partner sein und die Verantwortung für die Verbesserung ihrer Lebensumstände mittragen.

6. Bei der Gestaltung und Umsetzung aller politischen Maßnahmen und Programme sollte auf die besondere Lage der Roma- und Sinti-Frauen Rücksicht genommen werden. Wo es beratende und andere Mechanismen gibt, die die Mitwirkung der Roma und Sinti an solchen politischen Ent- scheidungsprozessen erleichtern, sollten Frauen gleichberechtigt mit Männern mitarbeiten können. Roma-Frauen betreffende Fragen sollten systematisch in allen einschlägigen politischen Konzep- ten, die für die gesamte Bevölkerung bestimmt sind, berücksichtigt werden.

III. Bekämpfung von Rassismus und Diskriminierung

Gesetzgebung und Rechtsdurchsetzung

Den Teilnehmerstaaten wird empfohlen: (…)

8. Wirksame Antidiskriminierungsgesetze zur Bekämpfung von rassisch und ethnisch motivier- ter Diskriminierung in allen Bereichen zu verabschieden und umzusetzen, etwa unter anderem in Bezug auf Zugang zu Wohnraum, Staatsangehörigkeit und Aufenthaltsrecht, Bildung, Arbeits- markt, Gesundheitswesen und soziale Dienste; Roma- und Sinti-Vertreter in die Gestaltungs-, Im- plementierungs- und Evaluierungsprozesse einzubeziehen.

9. darauf zu achten, dass die Antidiskriminierungsgesetze Folgendes enthalten: • das Verbot sowohl der direkten als auch der indirekten Rassendiskriminierung; • die Verhängung wirksamer, angemessener und abschreckender Sanktionen für diskriminie- rende Handlungen und Praktiken; (…) • gleichberechtigten Zugang zu wirksamen Rechtsbehelfen (Gerichts-, Verwaltungs-, Schlich- tungs- oder Vermittlungsverfahren).

10. dafür zu sorgen, dass die nationalen Rechtsvorschriften jede Art von diskriminierender Hand- lung untersagen und dass alle Verdachtsfälle von Diskriminierung eingehend und objektiv un- tersucht werden.

204 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

11. gegebenenfalls Sondereinrichtungen zur Durchsetzung solcher Gesetze zu schaffen und inner- staatliche Mechanismen zur Überwachung und regelmäßigen Berichterstattung einzuführen, die Einblick in die Fortschritte bei der Umsetzung der Rechtsvorschriften geben; Roma- und Sinti-Ver- treter zur Teilnahme in solchen Gremien aufzurufen, deren Arbeit öffentlich zugänglich sein sollte.

12. wo nötig, umfassende nationale Strategien oder Aktionspläne zur Verbesserung der Lage der Roma und Sinti zu entwickeln, die auch spezielle Maßnahmen zum Vorgehen gegen Diskriminie- rung in allen Lebensbereichen vorsehen.

13. die Ergebnisse dieser Strategien, insbesondere auf lokaler Ebene, regelmäßig zu bewerten und die Roma- und Sinti-Gemeinden in den Evaluierungsprozess einzubeziehen. (…)

15. alle Arten und maßgeblichen Fälle von Diskriminierung unter Beachtung der nationalen und internationalen Datenschutzstandards zu dokumentieren, um die Lage der Roma und Sinti bes- ser beurteilen und ihren Bedürfnissen entsprechen zu können, (…)

17. Zu gewährleisten, dass die Urheber diskriminierender oder gewalttätiger Handlungen nicht ungestraft bleiben, unter anderem durch rasche und wirksame Ermittlung und Bestrafung durch die Polizei,

18. den Zugang der Roma und Sinti zu den Gerichten durch Maßnahmen wie Rechtshilfe und Be- reitstellung von Informationen in Romani zu erleichtern,

19. in allen Maßnahmen und Programmen auf die Lage der Roma- und Sinti-Frauen Bedacht zu nehmen, die oft sowohl aufgrund ihrer ethnischen Zugehörigkeit als auch ihres Geschlechts Op- fer von Diskriminierung werden. (…)

Massenmedien

Den Teilnehmerstaaten wird empfohlen: 4 37. im Interesse der freien Meinungsäußerung zur Ausbildung von Roma- und SintiJournalisten und zu ihrer Beschäftigung in Medienunternehmen anzuregen, um einen breiteren Zugang der Roma und Sinti zu den Medien zu ermöglichen.

IX. Die Kontaktstelle des BDIMR für Fragen der Roma und Sinti (…)

136. Um die Durchführung des Überprüfungsprozesses zu erleichtern, wird den OSZETeilneh- merstaaten nahe gelegt, je nach Fall auf den Implementierungstreffen zur menschlichen Dimen- sion, vor Überprüfungskonferenzen und im Ständigen Rat über aktuelle Entwicklungen betreffend die Lage der Roma und Sinti bzw. über Maßnahmen, die sich aus diesem Aktionsplan ableiten, zu informieren.

205 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

137. Alle einschlägigen OSZE-Institutionen und -Strukturen, einschließlich der OSZEFeldeinsätze, werden mit den Teilnehmerstaaten weiterhin engen Kontakt halten, um diesen bei der Umsetzung des Aktionsplans behilflich zu sein.

Helsinki 2008 (Beschluss Nr. 6/08 über die Verstärkte Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet)

Der Ministerrat, (…)

entschlossen, die Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken, (…)

4. legt den Teilnehmerstaaten nahe, bei der Überprüfung ihrer Gesetze und Strategien zu Roma und Sinti auch Fragen der Roma und Sinti zu berücksichtigen, insbesondere in den vorrangigen Berei- chen des Aktionsplans von 2003 zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet;

5. fordert für die Lage der Roma und Sinti zuständige eigene nationale Behörden – wie jene für Minderheiten, den Zugang zu Gesundheitseinrichtungen, Bildung, Wohnraum, die Bekämpfung von Diskriminierung, Polizei und Medien – auf, ihre Bemühungen zu verstärken, um die Umset- zung der OSZE-Verpflichtungen im Rahmen der innerstaatlichen Rechtsvorschriften zu Gleich- stellung und Nichtdiskriminierung sicherzustellen. Im Zusammenhang damit sollte der Lage von Romafrauen und -mädchen besondere Aufmerksamkeit zuteil werden;

6. legt den Teilnehmerstaaten nahe, sofern sie das bislang noch nicht getan haben, unter Einbin- dung auf der geeigneten Ebene von Roma und maßgeblichen Regierungsstellen einen institutio- nellen Rahmen zu schaffen, um die Umsetzung von Strategien und Programmen zur Verbesserung der Lage der Roma und Sinti zu erleichtern;

7. Legt den Teilnehmerstaaten nahe, ihre Bemühungen zur aktiven Einbindung der Volksgruppe der Roma und Sinti in den politischen Entscheidungsprozess betreffend Roma und Sinti (…);

8. fordert die fortgesetzte Koordinierung und Zusammenarbeit im Rahmen der vorhandenen Res- sourcen in der OSZE und gegebenenfalls mit den maßgeblichen internationalen Akteuren wie dem Europarat und der Europäischen Union; (…)

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti)

Der Ministerrat,

in Bekräftigung der Verpflichtungen der OSZE gegenüber den Roma und Sinti, einschließlich der im Aktionsplan von 2003 zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet ent- haltenen Verpflichtungen,

Anerkennend, dass die Teilnehmerstaaten dazu bereits einige Bemühungen unternommen haben,

206 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

feststellend, dass bei der Überwindung der tiefen Kluft, die in mehreren Bereichen noch immer zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung besteht, nur wenige Fort- schritte gemacht wurden,

Kenntnis nehmend vom Lagebericht 2008 des BDIMR über die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet,

betonend, dass entschlossenes Handeln gefordert ist, um die Lage der Roma und Sinti in der ge- samten OSZE-Region zu verbessern,

überzeugt, dass sich die Teilnehmerstaaten bemühen sollten, den Roma und Sinti die größtmögli- che Eigenverantwortung für die sie betreffende Politik zu übertragen, und dass Roma- und Sinti- Gemeinschaften Partner sein und die Verantwortung für die Umsetzung der Politik zur Förderung ihrer Integration mittragen sollten,

in Anerkennung der besonderen Schwierigkeiten, mit denen die Roma und Sinti konfrontiert sind, und der Notwendigkeit, wirksame Maßnahmen zu treffen, um ihrer Diskriminierung ein für alle Mal ein Ende zu setzen und ihre nachhaltige Integration im Einklang mit den OSZE-Verpflich- tungen zu gewährleisten,

besorgt darüber, dass die Roma und Sinti Gemeinschaften angehören, die nach wie vor unter Ras- sismus und Diskriminierung zu leiden haben, und dass Vorurteile und gewalttätige Äußerungen von Intoleranz gegenüber den Roma und Sinti zugenommen haben,

feststellend, dass in Zeiten des weltweiten Wirtschaftsabschwungs Roma und Sinti zu jenen zäh- len, die besonders gefährdet sind, irrationalen Anfeindungen und Schuldzuweisungen durch die Gesellschaft ausgesetzt zu werden,

in dem Bewusstsein, dass Äußerungen der Intoleranz gegenüber Roma und Sinti möglicherweise nicht nur verstärkt zu deren Ablehnung und Ausgrenzung führen, sondern auch den sozialen Zu- sammenhalt und das friedliche Zusammenleben der Gesellschaft insgesamt gefährden können, (…)

Unter Betonung der Bedeutung der einschlägigen OSZE-Institutionen und -strukturen, die in Er- füllung ihres Mandats die Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und 4 Sinti im OSZE-Gebiet unterstützen, und der wirksamen Koordinierung und Zusammenarbeit zu diesem Zweck innerhalb der OSZE,

1. fordert die Teilnehmerstaaten auf, ihre Bemühungen zur Umsetzung des Aktionsplans zur Ver- besserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken und den Prozess der nach- haltigen Integration der Roma und Sinti zu fördern;

2. fordert die Teilnehmerstaaten auf, dem BDIMR weiter Informationen über die Fortschritte bei der Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Ge- biet zur Verfügung zu stellen; (…)

4. fordert die Teilnehmerstaaten auf, in geeigneter Weise verstärkt die Mitwirkung der Roma und Sinti an der Gestaltung, Umsetzung und Bewertung der sie betreffenden Politik zu suchen und den Dialog zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung zu fördern, um

207 4.2.1 Schutz der Menschenrechte und Grundfreiheiten, einschließlich Chancengleichheit und Nichtdiskriminierung

darauf aufmerksam zu machen, in welchem Ausmaß Intoleranz und Diskriminierung den sozia- len Zusammenhalt, die Stabilität und die Sicherheit gefährden können;

5. fordert die Teilnehmerstaaten auf, in Zusammenarbeit mit den Roma und Sinti die für deren nachhaltige Integration innerhalb des OSZE-Raums maßgeblichen Herausforderungen der Mig- ration der Roma und Sinti zu ermitteln und zu untersuchen;

In Bekräftigung der Verpflichtungen der OSZE gegenüber den Roma und Sinti, (…),

in dem Bewusstsein, dass im OSZE-Raum verschiedene Anstrengungen, etwa die Entwicklung und Umsetzung nationaler Aktionspläne und Strategien und die Einführung konkreter Programme und politischer Maßnahmen zur Verbesserung der Lage der Roma und Sinti unternommen wurden und dass die Umsetzung dieser Initiativen auf lokaler Ebene für ihre Verwirklichung unabdingbar ist, (…)

besorgt darüber, dass die Roma und Sinti im OSZE-Raum nach wie vor Zielscheibe von Rassis- mus und von durch Vorurteile motivierter Gewalt sind,

ruft die Teilnehmerstaaten dazu auf:

1. Ihre Bemühungen zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken, unter anderem durch eine bessere Kontrolle und Bewertung der Strategien, Politiken und Maßnahmen zur Integration der Roma und Sinti;

Ruft zur laufenden Koordinierung in der OSZE und zur Zusammenarbeit mit maßgeblichen inter- nationalen Akteuren auf, um die Wirksamkeit der OSZE-Bemühungen zur Umsetzung des Akti- onsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu erhöhen;

208 4.2.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

ermutigt die Parlamentarische Versammlung der OSZE zur Fortsetzung ihrer Bemühungen um Verbesserung der Lage der Roma und Sinti im OSZE-Raum. (…)

ermutigt die Parlamentarische Versammlung der OSZE zur Fortsetzung ihrer Bemühungen um Verbesserung der Lage der Roma und Sinti im OSZE-Raum.

4.2.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

[Die Teilnehmerstaaten]

(35) bekräftigen (…) die Notwendigkeit, geeignete Programme zu entwickeln, die sich mit Prob- lemen ihrer jeweiligen Staatsangehörigen beschäftigen, die den Roma und anderen traditionell als Zigeuner angesprochenen Gruppen angehören, und für diese Bedingungen zu schaffen, unter de- nen sie die gleichen Chancen haben, sich voll am Leben der Gesellschaft zu beteiligen, und wer- den erwägen, wie sie zu diesem Zweck zusammenarbeiten können.

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

VI. Verstärkung der Teilnahme am öffentlichen und politischen Leben 4 Den Teilnehmerstaaten wird empfohlen:

87. sich aktiv darum zu bemühen, dass Roma und Sinti so wie alle anderen Einwohner im Besitz aller notwendigen Dokumente sind, insbesondere von Geburtsurkunden, Personalausweisen und Krankenversicherungsnachweisen, Und bei der Lösung von Problemen im Zusammenhang mit dem Fehlen wichtiger Dokumente unbedingt mit Bürgerorganisationen der Roma und Sinti part- nerschaftlich zusammenzuarbeiten.

88. auf die folgenden Grundbedingungen für die Gewährleistung einer wirksamen Teilnahme der Roma und Sinti am öffentlichen und politischen Leben Bedacht zu nehmen: • Frühzeitige Einbindung: bei jeder Initiative in Bezug auf Roma und Sinti sollten diese in der Entwicklungs-, Implemen- tierungs- und Evaluierungsphase so früh wie möglich eingebunden werden;

209 4.2.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

• Mitsprache: Roma und Sinti sollten in formelle Konsultationsprozesse einbezogen werden, und die Wirk- samkeit der Mechanismen, durch die ihnen die Mitgestaltung bei wichtigen politischen Initia- tiven ermöglicht wird, sollte durch ihre Mitsprache in einem breit angelegten repräsentativen Prozess gewährleistet werden; • Transparenz: Programme und Vorschläge sollten rechtzeitig vor Ablauf von Entscheidungsfristen in Umlauf gebracht werden, um sinnvolle Analysen und Beiträge von Vertretern der Roma- und Sinti-Ge- meinschaften zu ermöglichen; • Sinnvolle Beteiligung von Roma und Sinti auf allen Verwaltungsebenen: Die Mitarbeit von Roma und Sinti in der lokalen Verwaltung ist eine wesentliche Voraussetzung für die wirksame Umsetzung der sie betreffenden politischen Strategien; • Eigenverantwortung: Roma und Sinti spielen eine wesentliche, ja unersetzliche Rolle, wenn gewährleistet werden soll, dass das Recht auf Teilnahme am politischen Geschehen auch in der Praxis wahrgenommen wird.

89. dafür zu sorgen, dass gewählte Amtsträger enge Arbeitsbeziehungen zu Roma- und Sinti-Ge- meinschaften herstellen,

90. Mechanismen zu schaffen, die eine gleichberechtigte, direkte und offene Kommunikation zwi- schen Vertretern der Roma und Sinti und staatlichen Stellen gewährleisten, wozu auch Beiräte und Konsultativorgane gehören.

91. die Interaktion zwischen politischen Führern auf lokaler und nationaler Ebene und einzelnen Roma-Gruppen zu erleichtern,

92. Wahlaufklärung zu betreiben, um Roma zu einer verstärkten Teilnahme an Wahlen zu mo- tivieren.

93. zu gewährleisten, dass Roma bei der Stimmabgabe frei entscheiden können und über den da- für nötigen Wissensstand verfügen,

94. Maßnahmen zu ergreifen, um die gleichberechtigte Ausübung des Wahlrechts durch Frauen zu garantieren, einschließlich der Durchsetzung des Verbots der Abgabe so genannter „Familien- stimmen“.

95. Roma und Sinti zu einem verstärkten Engagement in der öffentlichen Verwaltung zu ermutigen, bei Bedarf auch durch spezielle Maßnahmen zur Förderung ihrer Teilnahme am öffentlichen Dienst.

96. Roma und Sinti zu ermutigen, auf allen Verwaltungsebenen Ämter anzunehmen, die durch Wahlen oder Ernennung besetzt werden,

97. Roma und Sinti in die Lage zu versetzen, dass sie auf staatlicher und lokaler Ebene als gewählte Vertreter ihrer Gemeinschaft und als Bürger ihres Landes an Entscheidungsprozessen teilneh- men können.

98. die Teilnahme von Roma-Frauen am öffentlichen und politischen Leben zu fördern und Roma- Frauen in die Lage zu versetzen, gleichberechtigt mit Männern in konsultativen und anderen

210 4.2.2 Verstärkung der Teilnahme am öffentlichen und politischen Leben

Mechanismen mitzuwirken, durch die ein breiterer Zugang zu allen Bereichen des öffentlichen und politischen Lebens ermöglicht werden soll.

Helsinki 2008 (Beschluss Nr. 6/08 über die Verstärkte Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet)

Der Ministerrat, (…)

entschlossen, die Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken, (…)

7. legt den Teilnehmerstaaten nahe, ihre Bemühungen zur aktiven Einbindung der Volksgruppe der Roma und Sinti in den politischen Entscheidungsprozess betreffend Roma und Sinti zu ver- stärken und die tatsächliche Teilnahme der Roma und Sinti am öffentlichen und politischen Le- ben zu fördern; (…)

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti)

Der Ministerrat, (…)

4. Fordert die Teilnehmerstaaten auf, in geeigneter Weise verstärkt die Mitwirkung der Roma und Sinti an der Gestaltung, Umsetzung und Bewertung der sie betreffenden Politik zu suchen und den Dialog zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung zu fördern, um da- rauf aufmerksam zu machen, in welchem Ausmaß Intoleranz und Diskriminierung den sozialen 4 Zusammenhalt, die Stabilität und die Sicherheit gefährden können; (…)

Im Wissen, dass Bildung der Schlüssel ist, der Roma und Sinti, einschließlich Roma- und Sinti- Frauen, -Jugendlichen und -Kindern, insbesondere -Mädchen, bessere Chancen auf gleichberech- tigte Teilhabe am sozialen, politischen, wirtschaftlichen und kulturellen Leben, auf Ausübung ihrer Rechte und auf Förderung ihrer vollständigen Inklusion eröffnet,

in der Überzeugung, dass die Teilnehmerstaaten danach trachten sollten, den Roma und Sinti Gelegenheit zu geben, zu den sie betreffenden politischen Grundsatzentscheidungen beizutragen,

211 4.2.3 Zugang zu Bildung

und dass Roma und Sinti als Partner betrachtet und in die Verantwortung für die Umsetzung dieser Politiken zur Förderung und Erleichterung ihrer Integration eingebunden werden sollten,

in dem Bewusstsein, dass die Rechte der Roma- und Sinti-Frauen und insbesondere die Gleich- stellung von Frauen und Männern durch die staatliche Politik und die staatlichen Institutionen unter aktiver Mitwirkung der Roma- und Sinti-Frauen unterstützt und gefördert werden müssen, (…)

2.7 die Roma und Sinti verstärkt in die Ausarbeitung, Umsetzung und Evaluierung der sie betref- fenden Politiken einzubeziehen, indem sie unter anderem die politische Mitsprache der Roma und Sinti und die Wahlerziehung für Roma und Sinti fördern; (…) 2.11 die zur Verstärkung der aktiven Teilhabe und Eigenverantwortung der Roma und Sinti not- wendigen Maßnahmen zu treffen, um ihre soziale Inklusion zu fördern; (…)

4. aktive Maßnahmen zur Stärkung der Stellung der Roma- und Sinti-Frauen zu treffen, unter an- derem durch: 4.1 Intensivierung ihrer Bemühungen, die Ausübung und Inanspruchnahme der Menschenrechte durch die Roma- und Sinti-Frauen zu gewährleisten und verstärkte Anstrengungen zur Bekämp- fung ihrer Diskriminierung auf allen Ebenen, unter anderem erforderlichenfalls in den Bereichen Bildung, Beschäftigung, Gesundheit und Wohnen sowie durch partnerschaftliche Zusammenarbeit zu diesem Zweck mit zivilgesellschaftlichen Organisationen und dem Volk der Roma und Sinti; 4.2 Förderung der wirksamen und gleichberechtigten Teilhabe der Roma- und Sinti-Frauen am öffentlichen und politischen Leben, unter anderem durch die Förderung des Zugangs von Frauen zu öffentlichen Ämtern, zur öffentlichen Verwaltung und zu Führungspositionen; 4.3 Schaffung von Anreizen für den gleichberechtigten Zugang der Roma- und Sinti-Frauen zum Arbeitsmarkt, zu Praktika und zu Mentoring; (…)

4.2.3 Zugang zu Bildung

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

V. Verbesserung des Zugangs zu Bildung

Bildung ist eine Grundvoraussetzung für die gleichberechtigte Mitwirkung der Roma und Sinti am politischen, sozialen und wirtschaftlichen Leben ihres Landes. Wirksamen Sofortmaßnahmen in diesem Bereich, insbesondere Maßnahmen zur Förderung des Schulbesuchs und zur Bekämpfung des Analphabetentums, sollte sowohl von Seiten der Entscheidungsträger als auch der Roma- und Sinti-Gemeinschaften höchste Priorität eingeräumt werden. Die Bildungspolitik sollte darauf ab- zielen, Roma und Sinti in das Regelschulwesen zu integrieren, indem ihnen auf allen Ebenen vol- ler und gleichberechtigter Zugang gewährt wird, wobei im Hinblick auf kulturelle Unterschiede einfühlsam vorzugehen ist.

212 4.2.3 Zugang zu Bildung

Den Teilnehmerstaaten wird empfohlen:

67. zu gewährleisten, dass das innerstaatliche Recht entsprechende Bestimmungen enthält, die Ras- sentrennung und Diskriminierung im Bildungswesen verbieten, und im Fall von Verstößen gegen diese Gesetze wirksame Abhilfe vorsieht,

68. Vertreter der Roma und Sinti bei der Gestaltung der sie betreffenden Bildungspolitik zu kon- sultieren.

69. im Bildungswesen die Chancengleichheit für Roma- und Sinti-Kinder aktiv zu fördern, insbe- sondere durch Bereitstellung sprachbezogener und sonstiger Hilfe,

70. konkrete Maßnahmen zur Verbesserung der Qualität und Effizienz der Ausbildung von Roma- und Sinti-Kindern zu ergreifen und zu einer verstärkten Vertretung von Roma und Sinti unter der Lehrerschaft zu ermutigen.

71. die Geschichte und Kultur der Roma in Lehrbücher aufzunehmen, unter besonderer Berück- sichtigung des Leids der Roma und Sinti während des Holocaust,

72. Maßnahmen in Erwägung zu ziehen, um die Achtung, den Schutz und die Förderung des Ro- mani und seiner Lehre sowie der Roma-Kultur als Bestandteil des kulturellen Erbes der Roma und Sinti zu gewährleisten.

73. umfassende Programme zur Aufhebung der Trennung nach ethnischen Kriterien im Schulwe- sen zu entwickeln und umzusetzen, mit dem Ziel: (1) die Praxis der systematischen Überstellung von Roma-Kindern in Sonderschulen oder Sonderklassen (z. B. Schulen für geistig Behinderte, eigene Schulen und Klassen für Roma- und Sinti-Kinder) abzustellen und (2) Roma-Kinder aus Sonderschulen in Regelschulen zu übernehmen,

74. finanzielle Mittel für die Überstellung der Roma-Kinder in das Regelschulwesen und für die Entwicklung schulischer Unterstützungsprogramme zur Erleichterung des Umstiegs in das Re- gelschulwesen bereitzustellen.

75. den Zugang von Roma-Kindern zum Regelschulwesen durch folgende Maßnahmen zu er- leichtern: 4 (a) entschiedenes Vorgehen gegen Manifestationen von Vorurteilen gegenüber Roma und Sinti in Schulen; (b) Schulung des Lehrpersonals in multikultureller Erziehung und in Möglichkeiten des Umgangs mit ethnisch gemischten Klassen; (c) Entwicklung von Strategien zur Mobilisierung der Öffentlichkeit gegen Trennung nach ethni- schen Kriterien in Schulen; (d) Unterstützung bei der Überwindung der Kluft zwischen Roma- und Sinti-Kindern und ande- ren Schülern, unter anderem durch Vorschulprogramme zur Vorbereitung der Roma- und Sinti- Kinder auf die Grundschule; (e) unterstützende Maßnahmen, um die Zahl der Mediatoren/Ausbilder und Lehrer, die Roma- Gemeinschaften entstammen, zu erhöhen.

76. antirassistische Lehrpläne für die Schulen und Antirassismus-Kampagnen für die Medien zu entwickeln und umzusetzen.

213 4.2.3 Zugang zu Bildung

77. Strategien zu entwickeln, die die gesamte Bandbreite der Faktoren ansprechen, durch die Roma- und Sinti-Kinder vom Schulbesuch abgehalten werden. Wobei unter anderem auch zu ge- währleisten ist, dass Roma- und Sinti-Familien wie alle anderen Einwohner im Besitz der für die Anmeldung notwendigen Dokumente sind.

78. die Ausarbeitung sozialer Unterstützungsprogramme für einkommensschwache Roma-Fami- lien mit Kindern im schulpflichtigen Alter in Erwägung zu ziehen.

79. Den regelmäßigen Schulbesuch der Roma- und Sinti-Kinder zu fördern, unter anderem durch die Einbindung von Familien- und Sozialmediatoren, Aufklärung der Eltern und der Gemeinde- ältesten unter den Roma und Sinti über ihre Pflicht, ihren Kindern den Schulbesuch zu ermög- lichen, und insbesondere durch gleichberechtigten Zugang zum Bildungswesen für Mädchen.

80. besonders darauf zu achten, dass Roma- und Sinti-Mädchen im Hinblick auf ihre schulische und soziale Integration Chancengleichheit genießen, und Programme auszuarbeiten, um deren besonders hoher Schulabbruchsrate entgegenzuwirken.

81. die Entwicklung geeigneter Programme für Personen ohne Grundschulabschluss und Anal- phabeten in Erwägung zu ziehen.

82. bei Bedarf Stipendienprogramme für Roma-Studenten auszuarbeiten und diese zu einer ver- stärkten Teilnahme an bestehenden Stipendienprogrammen zu ermutigen.

83. die Vertrautheit von Roma und Sinti im Umgang mit dem Computer durch Einrichtung in- formativer Internetseiten zu fördern.

84. die Bildungspolitik regelmäßig auf ihre Wirksamkeit zu überprüfen.

Helsinki 2008 (Beschluss Nr. 6/08 über die Verstärkte Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet)

Der Ministerrat, (…)

entschlossen, die Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet zu verstärken,

1. fordert die Teilnehmerstaaten dringend auf, Roma- und Sintikindern den gleichberechtigten Zugang zu Schulbildung zu ermöglichen und einen frühen Schuleintritt zu fördern, als Mittel zur Verhinderung der sozialen Ausgrenzung und Marginalisierung und zur Verbesserung der Lage der Roma und Sinti auf lange Sicht. Diesbezüglich betont der Ministerrat, dass Bildungspolitik darauf abzielen sollte, Roma und Sinti in das Regelschulwesen einzubinden;

3. fordert die Teilnehmerstaaten auf, in Zusammenarbeit mit Roma und Sinti ihre Bemühungen zur Hebung des Bewusstseins bei Roma und Sinti für die Bedeutung der Einschulung und eines regelmäßigen Schulbesuchs zu intensivieren;

214 4.2.3 Zugang zu Bildung

(…)

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti)

Der Ministerrat, (…)

7. legt den Teilnehmerstaaten nahe, sich ausführlich mit der Früherziehung für Roma und Sinti zu befassen und besonderes Augenmerk darauf zu legen, dass die Roma und Sinti gleichberechtigten Zugang zu Schulbildung haben und in das Regelschulwesen eingebunden werden;

in der Erwägung, dass Roma- und Sinti-Jugendliche und -Kinder künftig die wichtigsten Interes- senvertreter im Hinblick auf die Förderung der Inklusion der Roma- und Sinti-Bevölkerung und -Gemeinden sowie auf die Förderung ihrer uneingeschränkten Teilhabe am sozialen, bürgerlichen, politischen, wirtschaftlichen und kulturellen Leben der Gesellschaft, in der sie leben, sein werden, 4 ruft die Teilnehmerstaaten dazu auf:

3. ihre Bemühungen und die notwendigen Mittel auf die Bildung zu konzentrieren, die ein wich- tiger Ansatzpunkt für die Verbesserung der Lage der Roma und Sinti und die Förderung ihrer verstärkten gesellschaftlichen und wirtschaftlichen Integration ist, wobei unter anderem folgende Maßnahmen in Frage kommen: 3.1 aktive Maßnahmen, die sicherstellen, dass Roma- und Sinti-Jugendliche und -Kinder gleich- berechtigten Zugang zum Bildungswesen auf allen Ebenen des staatlichen Bildungssystems ein- schließlich Früherziehung und Schulen der Primar- und Sekundarstufe erhalten und am Unterricht teilnehmen; 3.2 Auseinandersetzung mit der hohen Quote von Schulabbrechern der Sekundarstufe unter Roma- und Sinti-Schülern und entsprechende Berücksichtigung der diesbezüglichen spezifischen Probleme der Roma- und Sinti-Mädchen, und parallel dazu aktive Maßnahmen, um Roma- und Sinti-Jugendliche zu höheren Bildungsgängen zu ermutigen;

215 4.2.4 Sozio-ökonomische Fragen

3.3 Förderung des Zugangs zu tertiärer Bildung für Roma- und Sinti-Schüler durch geeignete Maß- nahmen zur Vereinfachung der Aufnahme, auch mittels Stipendien; 3.4 Förderung der Entwicklung von Programmen zur Integration der Roma und Sinti auf nationa- ler und lokaler Ebene, auch von Bildungsprogrammen und zusätzlichen Studienlehrgängen unter anderem für die Geschichte und Kultur der Roma und Sinti; 3.5 Verstärkte Anstrengungen zur Beseitigung der Segregation der Roma und Sinti auf allen Bil- dungsebenen; (…)

4.4 Gegebenenfalls gezielte konkrete Maßnahmen, die den gleichberechtigten Zugang der Roma- und Sinti-Mädchen zu allen Ebenen des Bildungssystems und ihre Teilnahme daran fördern sollen;

4.2.4 Sozio-ökonomische Fragen

Istanbul 1999 (Gipfelerklärung)

31. (…) Wir betonen, dass es wichtig ist, sich gründlich mit den Problemen der gesellschaftlichen Ausgrenzung der Roma und Sinti zu befassen. Für diese Fragen sind in erster Linie die betreffen- den Teilnehmerstaaten verantwortlich.

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Wohnverhältnisse und Lebensbedingungen Den Teilnehmerstaaten wird empfohlen:

43. Mechanismen und institutionelle Verfahren einzuführen, um Rechte an Grund und Boden und sonstige Eigentumsrechte zu klären und die rechtliche Stellung von Roma und Sinti, die unter un- geklärten rechtlichen Verhältnissen leben, zu bereinigen (z. B. RomaGemeinden ohne Landrechte oder deren Wohnviertel nicht in der Raumordnung der Hauptgemeinde verzeichnet sind; Fami- lien und Häuser ohne rechtsgültigen Nutzungsbescheid in Siedlungen, in denen die Menschen de facto seit Jahrzehnten leben).

44. Roma und Sinti in die Gestaltung der Wohnraumpolitik sowie in die Errichtung, Sanierung bzw. Erhaltung der für sie bestimmten öffentlichen Wohnungsbauprojekte einzubeziehen. sicherzustellen, dass Wohnungsbauprojekte nicht die Abschottung zwischen Volksgruppen bzw. Rassen fördern.

45. zu überlegen, die Bürgschaft für Darlehen an Teilnehmerstaaten zu übernehmen, die internati- onale Organisationen und Finanzinstitutionen gegebenenfalls für Wohnungsbauprojekte zuguns- ten einkommensschwacher Bevölkerungsgruppen bereitstellen.

46. Die Möglichkeit genossenschaftlicher Wohnungsbaupläne für Roma-Gemeinschaften zu för- dern und für die zur Erhaltung solcher Einrichtungen nötige Ausbildung zu sorgen.

Arbeitslosigkeit und wirtschaftliche Probleme Den Teilnehmerstaaten wird empfohlen:

48. eine stärkere Vertretung qualifizierter Roma und Sinti im öffentlichen Dienst anzustreben.

49. Ausbildungsprogramme auszuarbeiten, die unterrepräsentierte Gruppen wie die Roma und Sinti auf eine Beschäftigung in der kommunalen Verwaltung und in anderen Bereichen vorbereiten,

216 4.2.4 Sozio-ökonomische Fragen

und politische Konzepte zu entwickeln, die die Beschäftigung der Absolventen dieser Programme als Beamte des öffentlichen Dienstes fördern.

50. die Auswirkungen subventionierter Beschäftigungsprogramme neu zu bewerten und dabei spe- ziell auf deren Bildungskomponenten zu achten, damit diese die Wettbewerbsfähigkeit der Roma und Sinti auf dem Arbeitsmarkt erhöhen.

51. politische Konzepte sowie Programme, auch für Berufsbildung, zu entwickeln, um die verwert- baren Kenntnisse und die Beschäftigungschancen von Roma und Sinti, insbesondere von jungen Leuten und Frauen, zu verbessern.

52. sozialpolitische Maßnahmen zu treffen, die die Suche nach einer Beschäftigung attraktiver ma- chen, um die Abhängigkeit von Sozialleistungen auf Dauer zu verhindern.

Gesundheitswesen

Den Teilnehmerstaaten wird empfohlen:

58. sicherzustellen, dass Roma und Sinti ohne jede Diskriminierung Zugang zu Gesundheits- diensten haben.

59. das Bewusstsein des Personals der Gesundheitsdienste für die speziellen Bedürfnisse der Roma- und Sinti-Bevölkerung zu heben.

60. sich mit dem verstärkten Auftreten von Krankheit und Mangelernährung in RomaGemein- schaften zu befassen.

61. den frühzeitigen Zugang der Roma- und Sinti-Bevölkerung zu den allgemeinen Gesundheits- diensten zu fördern, indem sie: (a) die Roma und Sinti über die Verfügbarkeit solcher Dienste informieren und ihnen sagen, wie sie sie nützen können; (b) Das Vertrauen der Roma und Sinti in die Einrichtungen des Gesundheitswesens stärken, un- ter anderem durch: Sanktionen in Fällen direkter oder indirekter Diskriminierung von Roma und Sinti, Schulung des Personals der Gesundheitsdienste im Verständnis für maßgebliche Aspekte der 4 Roma-Kultur und Unterstützung von Mediatoren, die eine wichtige Rolle zur Überwindung der Kluft zwischen RomaGemeinschaften und Einrichtungen des Gesundheitswesens spielen können.

62. Der Gesundheit von Frauen und Mädchen besondere Aufmerksamkeit zu schenken, unter an- derem durch: (a) die Förderung bzw. Entwicklung von Informationsprogrammen zum Thema Gesundheit (ein- schließlich Ernährung, Säuglingspflege und Gewalt in der Familie usw.) und; (b) Verbesserten Zugang zu gynäkologischer Betreuung, einschließlich Schwangerenberatung, Geburtshilfe und Betreuung nach der Geburt, unter anderem durch Information und Schulung.

63. speziell auf die Gesundheit von Roma- und Sinti-Kindern zu achten und zu diesem Zweck für geeignete pädiatrische Betreuung zu sorgen, einschließlich präventivmedizinischer Maßnahmen wie Impfaktionen in Roma-Siedlungen.

217 4.2.5 Rassismus und Diskriminierung

4.2.5 Rassismus und Diskriminierung

A. Bekämpfung von Rassismus und Stereotypen

Kopenhagen 1990

(40) Die Teilnehmerstaaten verurteilen klar und unmißverständlich Totalitarismus, Rassenhaß und Haß zwischen Volksgruppen, Antisemitismus, Fremdenhaß und Diskriminierung irgendei- nes Menschen sowie die Verfolgung aus religiösen und ideologischen Gründen. In diesem Zusam- menhang erkennen sie ebenfalls die besonderen Probleme der Roma (Zigeuner) an.

Genf 1991 (VI)

Istanbul 1999 (Gipfelerklärung)

31. Wir sind bestürzt über die Gewalt und andere Erscheinungsformen des Rassismus und der Dis- kriminierung von Minderheiten, darunter der Roma und Sinti (…)

218 4.2.5 Rassismus und Diskriminierung

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Gesetzgebung und Rechtsdurchsetzung

Den Teilnehmerstaaten wird empfohlen:

7. Zu erwägen, die einschlägigen internationalen Verträge, unter anderem das Internationale Über- einkommen zur Beseitigung jeder Form von Rassendiskriminierung, ehestmöglich zu ratifizieren, sofern dies noch nicht geschehen ist. (…)

14. danach zu trachten, die Beziehungen zwischen den Roma und Sinti und allen anderen Bür- gern durch die Förderung eines echten Dialogs oder von Konsultationen oder durch andere ge- eignete Mittel zu verbessern, um Toleranz zu fördern und Vorurteile und negative Rollenbilder auf beiden Seiten zu überwinden.

(…) Polizei

Den Teilnehmerstaaten wird empfohlen:

26. politische Konzepte zu entwickeln, die den Strafverfolgungsinstitutionen die Lage der Roma und Sinti verstärkt zu Bewusstsein bringen und die Vorurteilen und negativen Rollenbildern ent- gegenwirken.

27. Ausbildungsprogramme zu entwickeln, um unangemessene Gewaltanwendung zu verhindern, das Bewusstsein für die Menschenrechte zu heben und deren Achtung zu fördern.

28. politische Konzepte zu entwickeln, die darauf abzielen: (1) die Beziehungen zwischen den Roma- und Sinti-Gemeinden und der Polizei zu verbessern, um Übergriffe und Gewalt gegen Roma und Sinti zu verhindern, und (2) das Vertrauen der Roma und Sinti in die Polizei zu stärken, (…)

30. im Einvernehmen mit den nationalen Polizeikräften, NROs und Vertretern der Roma- und 4 Sinti-Gemeinden zu prüfen, inwieweit die derzeit geübte nationale Praxis von den internationa- len Polizeistandards abweicht,

31. In enger Partnerschaft mit internationalen Organisationen und Roma-NROs gegebenenfalls po- litische Erklärungen, Verhaltenskodizes, Praxisratgeber und Schulungsprogramme auszuarbeiten,

32. Roma und Sinti zu ermutigen, als nachhaltige Methode zur Förderung von Toleranz und Viel- falt in Strafverfolgungseinrichtungen mitzuarbeiten.

Massenmedien

Den Teilnehmerstaaten wird empfohlen:

36. Informations- und Aufklärungsfeldzüge durchzuführen, um Vorurteile gegen Roma und Sinti und negative stereotype Vorstellungen von ihnen zu bekämpfen, (…)

219 4.2.5 Rassismus und Diskriminierung

38. Die Medien zu ermutigen, positive Aspekte des Roma-Lebens aufzuzeigen und ein ausgewo- genes Bild davon zu zeichnen, auf eine klischeehafte Darstellung der Roma und Sinti zu verzich- ten und es zu unterlassen, Spannungen zwischen verschiedenen Volksgruppen zu schüren. Zur Förderung dieses Ziels Runde Tische zwischen Medienvertretern und Vertretern der Roma und Sinti zu veranstalten.

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti)

Der Ministerrat, (…)

4. Fordert die Teilnehmerstaaten auf, (…) den Dialog zwischen dem Volk der Roma und Sinti und der breiteren Bevölkerung zu fördern, um darauf aufmerksam zu machen, in welchem Aus- maß Intoleranz und Diskriminierung den sozialen Zusammenhalt, die Stabilität und die Sicher- heit gefährden können; (…)

(…) feststellend, dass besonders die Roma- und Sinti-Frauen und -Mädchen vielfältigen Formen der Diskriminierung sowie Gewalt und Schikanen ausgesetzt sind, (…)

ruft die Teilnehmerstaaten dazu auf: (…)

2. zu verhindern, dass Roma und Sinti weiter marginalisiert und ausgegrenzt werden, und sich mit der zunehmenden Diskriminierung und dem Anstieg gewalttätiger Äußerungen von Intoleranz gegen Roma und Sinti einschließlich Roma- und Sinti-Migranten auseinanderzusetzen und dazu: 2.1 ihre Bemühungen um mehr Toleranz und die Bekämpfung von Vorurteilen gegen die Roma und Sinti zu verstärken; 2.2 jegliche gegen Roma und Sinti gerichtete Gewalt unmissverständlich und öffentlich zu ver- urteilen; 2.3 unter Beachtung der einschlägigen OSZE-Verpflichtungen in Bezug auf Medienfreiheit gegen negative Stereotypen in den Medien vorzugehen;

220 4.2.5 Rassismus und Diskriminierung

(…) 2.8 einen integrativen gesellschaftlichen Dialog zu fördern, der das Bewusstsein dafür schärfen soll, in welchem Ausmaß Intoleranz und Diskriminierung gegenüber den Roma und Sinti den so- zialen Zusammenhalt, die Stabilität und die Sicherheit bedrohen können; 2.9 auf die tieferen Ursachen der Diskriminierung und Intoleranz gegenüber den Roma und Sinti einzugehen, unter anderem durch verstärkte Bemühungen um eine umfassende Erziehung und Bewusstseinsbildung, um Vorurteile zu bekämpfen und die Achtung und das Verständnis für ei- nander zu fördern;

B. Schutz vor Hassverbrechen

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Gesetzgebung und Rechtsdurchsetzung

9. (…) darauf zu achten, dass die Antidiskriminierungsgesetze Folgendes enthalten: (…) • die Verhängung härterer Strafen für rassisch motivierte Straftaten sowohl von Privat-personen als auch von Angehörigen des öffentlichen Dienstes; • Gleichberechtigten Zugang zu wirksamen Rechtsbehelfen (Gerichts-, Verwaltungs-, Schlich- tungs- oder Vermittlungsverfahren). (…)

16. dafür zu sorgen, dass Gewalthandlungen gegen Roma und Sinti entschlossen und wirksam untersucht werden, vor allem wenn Verdachtsgründe vorliegen, dass die Taten rassisch motiviert waren, und die Täter gemäß dem innerstaatlichen Recht und den einschlägigen Menschenrechts- 4 standards strafrechtlich zu verfolgen.

17. Zu gewährleisten, dass die Urheber (…) gewalttätiger Handlungen nicht ungestraft bleiben, un- ter anderem durch rasche und wirksame Ermittlung und Bestrafung durch die Polizei,

18. den Zugang der Roma und Sinti zu den Gerichten durch Maßnahmen wie Rechtshilfe und Be- reitstellung von Informationen in Romani zu erleichtern,

Polizei

Den Teilnehmerstaaten wird empfohlen: (…)

27. Ausbildungsprogramme zu entwickeln, um unangemessene Gewaltanwendung zu verhindern, das Bewusstsein für die Menschenrechte zu heben und deren Achtung zu fördern.

221 4.2.5 Rassismus und Diskriminierung

29. politische Konzepte sowie Verfahren zu entwickeln, um ein wirksames Vorgehen der Polizei im Fall rassisch motivierter Gewalt gegen Roma und Sinti zu gewährleisten.

30. im Einvernehmen mit den nationalen Polizeikräften, NROs und Vertretern der Roma- und Sinti-Gemeinden zu prüfen, inwieweit die derzeit geübte nationale Praxis von den internationa- len Polizeistandards abweicht,

31. in enger Partnerschaft mit internationalen Organisationen und Roma-NROs gegebenenfalls po- litische Erklärungen, Verhaltenskodizes, Praxisratgeber und Schulungsprogramme auszuarbeiten,

Athen 2009 (Beschluss Nr. 8/09 über die Verstärkung der OSZE-Bemühungen um nachhaltige Integration der Roma und Sinti)

Der Ministerrat, (…)

3. Fordert die Teilnehmerstaaten nachdrücklich auf, entschlossener für Toleranz einzutreten und Vorurteile gegen das Volk der Roma und Sinti zu bekämpfen, um deren weitere Ablehnung und Ausgrenzung zu verhindern und dem Anstieg der gewalttätigen Äußerungen von Intoleranz ge- genüber den Roma und Sinti entgegenzuwirken, sowie jede Gewalt gegen die Roma und Sinti mit eindeutigen Worten öffentlich zu verurteilen und alle notwendigen Maßnahmen zu treffen, um den Zugang zu wirksamen Rechtsbehelfen entsprechend den innerstaatlichen Gerichts-, Verwal- tungs-, Schlichtungs- oder Vermittlungsverfahren sicherzustellen und in dieser Hinsicht für Ko- ordination zwischen den zuständigen Behörden auf allen Ebenen zu sorgen; (…)

Kiew 2013 (Beschluss Nr. 4/13 über die Verstärkung der Bemühungen der OSZE zur Umsetzung des Aktionsplans zur Verbesserung der Lage der Roma und Sinti im OSZE-Gebiet mit dem besonderen Schwerpunkt Roma- und- UND Sinti-Frauen,-Jugendliche und -Kinder) (…) 2.4 die gesetzlichen und politischen Maßnahmen gegen die Diskriminierung der Roma und Sinti und die von Vorurteilen motivierten Straftaten, die sich gegen sie richten, durchzusetzen und er- forderlichenfalls zu verstärken;

222 4.2.6 Krisen- und Postkrisensituationen

2.5 in den Strafverfolgungsbehörden und bei deren Mitarbeitern Kapazitäten für die Feststellung, Datenerhebung, Untersuchung und strafrechtliche Verfolgung von Hassverbrechen gegen Roma und Sinti aufzubauen; 2.6 die notwendigen Maßnahmen zu treffen, die sicherstellen, dass Opfer von Diskriminierung und gewalttätigen Äußerungen von Intoleranz gegen Roma und Sinti Zugang zu wirksamen Rechts- mitteln durch gerichtliche, amtliche, Mediations- und Schlichtungsverfahren erhalten; (…) 2.10 die Zivilgesellschaft in ihrem Bemühen zu unterstützen, die Interessen von Roma und Sinti zu vertreten, die Opfer von Hassverbrechen und Diskriminierung wurden, und ihnen Hilfestel- lung zu leisten; 2.11 die zur Verstärkung der aktiven Teilhabe und Eigenverantwortung der Roma und Sinti not- wendigen Maßnahmen zu treffen, um ihre soziale Inklusion zu fördern; 2.12 Maßnahmen zur Gewährleistung der Sicherheit, des Wohlergehens und der Gesundheit der Roma- und Sinti-Frauen, -Jugendlichen und -Kinder zu treffen, unter anderem durch die Ausein- andersetzung mit Gewalt in der Familie, Frühehen und Menschenhandel, erforderlichenfalls auch durch den Zugang zu unterstützender Rehabilitation;

4.2.6 Krisen- und Postkrisensituationen

Maastricht 2003 (Anhang zu Beschluss Nr. 3/03: Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

VII. Roma und Sinti in und nach Krisensituationen (…)

Den Teilnehmerstaaten wird empfohlen:

107. Sich beim Erkennen von Krisensituationen mit Vertretern der Roma und Sinti zu beraten, um eine entsprechende Vorgehensweise zu ermöglichen und bestimmte geografische Gebiete zu loka- lisieren, die Ausgangspunkt von Flüchtlingsbewegungen und Binnenvertreibungen sind, und um zu gewährleisten, dass auf die spezifische Lage der Roma und Sinti eingegangen wird. 4 108. zu gewährleisten, dass Roma und Sinti, die zum Verlassen ihres Wohnorts gezwungen wer- den (Flüchtlinge und Binnenvertriebene), ordnungsgemäß registriert werden und die entspre- chenden Dokumente erhalten.

109. zu gewährleisten, dass Programme existieren, die es Flüchtlingen und Binnenver triebenen unter den Roma und Sinti ermöglichen, eine fundierte Entscheidung bezüglich einer dauerhaften Lösung für ihre Situation zu treffen, einschließlich der Ausübung ihres Rechts auf eine endgültige Rück- kehr in Sicherheit und Würde. Diese Programme sollten konkrete Antworten auf alle Fragen der Flüchtlinge und Binnenvertriebenen geben und in den jeweiligen Sprachen zur Verfügung stehen.

110. zu gewährleisten, dass Roma- und Sinti-Flüchtlinge entsprechend den einschlägigen internatio- nalen Schutznormen und -standards und in einer nicht diskriminierenden Weise behandelt werden.

111. von der Rolle des BDIMR bei der Konfliktverhütung und der Feststellung von Gebieten, in denen ein rasches Einschreiten erforderlich ist, Gebrauch zu machen und sich das diesbezügliche Fachwissen des HKNM der OSZE zunutze zu machen,

223 4.3 Urbevölkerungen

112. sich in und nach Krisensituationen besonders der Bedürfnisse der Roma- und SintiFrauen und -Kinder anzunehmen, insbesondere durch Gewährleistung ihres Zugangs zu medizinischer Versorgung, Wohnraum und zum Schulbesuch.

4.3 Urbevölkerungen

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(29) stimmen unter Hinweis darauf, daß Angehörige von Urbevölkerungen besondere Probleme bei der Ausübung ihrer Rechte haben können, überein, daß ihre KSZE-Verpflichtungen betreffend Menschenrechte und Grundfreiheiten voll und ohne Diskriminierung für solche Personen gelten.

4.4 Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose

Siehe auch: II. 3.1.11: Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung II. 3.1.13: Recht auf Staatsangehörigkeit II. 4.2: Roma and Sinti II. 4.5: Wanderarbeiter II. 7: Verpflichtungen in Bezug auf das humanitäre Völkerrecht

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(22) (…) werden [die Teilnehmerstaaten allen Flüchtlingen, die dies wünschen, gestatten, in Si- cherheit nach Hause zurückzukehren.

Helsinki 1992 (Gipfelerklärung)

14. Die Erfüllung grundlegender menschlicher Bedürfnisse ist in Konfliktzeiten am stärksten ge- fährdet. (…) Wir anerkennen, daß wir bei den Flüchtlingsproblemen, die ihren Ursprung in die- sen Konflikten haben, alle zusammenarbeiten müssen. Wir erklären unsere Unterstützung und Solidarität für diejenigen Länder, welche die Hauptlast dieser Flüchtlingsprobleme tragen, die ih- ren Ursprung in diesen Konflikten haben. In diesem Zusammenhang anerkennen wir die Not- wendigkeit für Zusammenarbeit und gemeinsames Handeln.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(39) bringen ihre Besorgnis über das Flüchtlings- und Vertriebenenproblem zum Ausdruck;

(40) unterstreichen die Wichtigkeit, Situationen zu verhindern, die Massenströme von Flüchtlin- gen und Vertriebenen zur Folge haben können, und betonen die Notwendigkeit, die Wurzeln von Vertreibung und unfreiwilligen Wanderbewegungen zu ermitteln und anzusprechen;

224 4.4 Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose

(41) anerkennen die Notwendigkeit der internationalen Zusammenarbeit bei der Bewältigung von Massenströmen von Flüchtlingen und Vertriebenen;

(42) anerkennen, daß Vertreibung oft das Ergebnis von Verstößen gegen KSZE-Verpflichtungen ist, einschließlich jener im Bereich der menschlichen Dimension;

(43) bekräftigen erneut die Bedeutung bestehender internationaler Normen und Übereinkünfte über den Schutz und die Hilfe für Flüchtlinge und werden den Beitritt zur Konvention über den Status von Flüchtlingen und dem Protokoll erwägen, sofern sie dies noch nicht getan haben;

(44) anerkennen die Bedeutung des Hohen Kommissars der Vereinten Nationen für Flüchtlings- fragen und des Internationalen Komitees vom Roten Kreuz sowie der an der Nothilfe beteiligten nichtstaatlichen Organisationen im Hinblick auf Schutz und Hilfe für Flüchtlinge und Vertriebene;

(45) begrüßen und unterstützen unilaterale, bilaterale und multilaterale Bemühungen um die Ge- währleistung von Schutz und Hilfe für Flüchtlinge und Vertriebene mit dem Ziel, dauerhafte Lö- sungen zu finden;

Stockholm 1992 (Beschlüsse: 2. Die KSZE als Wertegemeinschaft)

Das wachsende Flüchtlings- und Vertriebenenproblem ist eine Frage von großer Besorgnis für alle Teilnehmerstaaten, insbesondere bei Konflikten, durch die die Erfüllung grundlegender mensch- licher Bedürfnisse besonders gefährdet wird. Die Minister bedauerten das Leid der Zivilbevölke- rung, die durch solche Konflikte am stärksten in Mitleidenschaft gezogenen wird, und riefen alle Teilnehmerstaaten auf, ihren Beitrag zu gemeinsamen Bemühungen zu leisten, um die Last ge- meinsam zu tragen. Alle Regierungen sind sich gegenseitig für ihr Verhalten gegenüber ihren Bür- gern und gegenüber ihren Nachbarn verpflichtet. Einzelpersonen werden für Kriegsverbrechen und Verletzungen des humanitären Völkerrechts persönlich zur Verantwortung gezogen.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

32. Die Teilnehmerstaaten bringen ihre Besorgnis über die massenweisen, vorwiegend durch Kriege, bewaffnete Konflikte, bürgerkriegsähnliche Unruhen und grobe Menschenrechtsverletzungen zu- standegekommenen Wanderungsbewegungen in der KSZE-Region, die Millionen von Flüchtlin- 4 gen und Vertriebenen umfassen, zum Ausdruck (…)

Lissabon 1996 (Gipfelerklärung)

9. (…) Unter den akuten Problemen in der menschlichen Dimension gefährden fortwährende Ver- letzungen der Menschenrechte, wie etwa Vertreibung, (…) nach wie vor die Stabilität in der OSZE- Region. Wir sind entschlossen, uns diesen Problemen auch in Zukunft zu stellen.

10. Vor dem Hintergrund der jüngsten Flüchtlingstragödien in der OSZE-Region und in Anbe- tracht der Frage der Zwangsmigration verurteilen wir erneut jegliche Politik der „ethnischen Säu- berung“ oder Massenvertreibung und verpflichten uns feierlich, davon Abstand zu nehmen. Unsere Staaten werden Flüchtlingen und Binnenvertriebenen die Rückkehr in Sicherheit und Würde ent- sprechend internationalen Standards ermöglichen. Ihre Wiedereingliederung in ihren Heimator- ten muß ohne Diskriminierung betrieben werden.

225 4.4 Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose

Istanbul 1999 (Gipfelerklärung)

Wir sind entschlossen, das Recht von Flüchtlingen zu fördern, an Wahlen in ihrem Herkunfts- land teilzunehmen.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

22. Wir lehnen jede Politik der ethnischen Säuberung oder der Massenvertreibung strikt ab. Wir bekräftigen unsere Verpflichtung, das Recht auf Asylsuche zu achten und den völkerrechtlichen Schutz von Flüchtlingen im Sinne der Konvention von 1951 über die Rechtsstellung der Flüchtlinge und ihres Protokolls von 1967 zu gewährleisten und die freiwillige Rückkehr von Flüchtlingen und Binnenvertriebenen in Würde und Sicherheit zu erleichtern. Wir werden uns ohne Diskriminie- rung für die Wiedereingliederung der Flüchtlinge und Binnenvertriebenen an ihren Herkunfts- orten einsetzen. Zur Verbesserung des Schutzes von Zivilpersonen in Konfliktzeiten werden wir nach Mitteln und Wegen suchen, um die Umsetzung des humanitären Völkerrechts zu verbessern.

Bukarest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus) Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

15. Auseinandersetzung mit der Frage der Langzeitvertriebenen: Teilnehmerstaaten/BDIMR/ HKNM/Der Beauftragte für Medienfreiheit: werden ein verstärktes Potenzial der OSZE im Hin- blick auf einen Beitrag zu dauerhaften Lösungen ausloten, indem sie andere einschlägige Organi- sationen, in erster Linie das Amt des Hochkommissärs der Vereinten Nationen für die Flüchtlinge, unterstützen und mit ihnen zusammenarbeiten. Sie werden Fälle von Langzeitvertreibung genau beobachten.

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

12. verpflichtet sich in diesem Zusammenhang, vorbehaltlich innerstaatlicher Rechtsvorschriften und internationaler Verpflichtungen gegen eine gegebenenfalls stattfindende Diskriminierung von Asylsuchenden und Flüchtlingen vorzugehen, und fordert das BDIMR auf, seine diesbezüg- lichen Aktivitäten zu verstärken;

13. berücksichtigt die VN-Leitsätze zur Binnenvertreibung als ein nützlicher Rahmen für die Arbeit der OSZE und die Maßnahmen der Teilnehmerstaaten in Bezug auf Binnenvertreibung;

Sofia 2004 (Anhang zu Beschluss Nr. 14/04; OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern)

Falls sie dies noch nicht getan haben, in Befolgung der Empfehlungen in den Leitlinien über den internationalen Schutz vor Verfolgung wegen des Geschlechts im Rahmen von Artikel 1A Ziffer

226 4.4 Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose

2 des Abkommens von 1951 über die Rechtsstellung der Flüchtlinge bzw. seines Protokolls von 1967 über die Rechtsstellung der Flüchtlinge eine Verfahrenspraxis einzuführen, die sicherstellt, dass Frauen, die Flüchtlingsstatus beantragen, bei den Verfahren zur Feststellung desselben ge- bührend berücksichtigt werden, und dass Anträge infolge Verfolgung wegen des Geschlechts in ihrer ganzen Bandbreite gebührend anerkannt werden;

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

Hamburg 2016 (Beschluss Nr. 3/16 über die Rolle der OSZE bei der Gestaltung und Steuerung grosser Migranten- und Flüchtlingsbewegungen).

Der Ministerrat,

in Anbetracht dessen, dass die Vorteile und Chancen einer sicheren, geordneten und regulären Migration erheblich sind und häufig unterschätzt werden, zugleich feststellend, dass große irregu- läre Migrationsbewegungen oft komplexe Herausforderungen darstellen, sowie in Anerkennung des wesentlichen wirtschaftlichen und sozialen Beitrags, den Migranten und Flüchtlinge zu in- klusivem Wachstum und nachhaltiger Entwicklung leisten können,

in Anerkennung der Führungsrolle der Vereinten Nationen,

in Würdigung der Bemühungen des serbischen und des deutschen OSZE-Vorsitzes seit 2015, sich 4 in der OSZE wirksamer mit Fragen betreffend die Gestaltung und Steuerung dieser Bewegungen auseinanderzusetzen,

in Anerkennung der vielen konkreten Aktivitäten in Zusammenhang mit Migration und Flüchtlin- gen, die von den OSZE-Durchführungsorganen im Rahmen bestehender Mandate sowie von den Teilnehmerstaaten auf Grundlage bestehender OSZEVerpflichtungen, maßgeblicher Dokumente der Vereinten Nationen und nationaler Politiken bereits unternommen wurden,

in Anknüpfung an die ausführlichen Erörterungen in der OSZE, insbesondere im Zuge der An- hörungen der informellen Arbeitsgruppe zur Frage der Migrations- und Flüchtlings-ströme im Frühjahr 2016 und im Zuge einer Sondersitzung des Ständigen Rates der OSZE am 20. Juli 2016,

1. anerkennt die Arbeit der informellen Arbeitsgruppe zur Frage der Migrations- und Flüchtlings- ströme und die Ergebnisse, die auf der Sondersitzung des Ständigen Rates der OSZE am 20. Juli 2016 erörtert wurden;

227 4.5 Wanderarbeiter

2. legt den Durchführungsorganen der OSZE nahe, im Rahmen der bestehenden Mandate und ver- fügbaren Ressourcen ihre Befassung mit der Frage der Migration fortzusetzen, unter anderem durch Verstärkung der Aktivitäten, die zum Austausch nachahmenswerter Verfahren und zur Intensivie- rung des Dialogs und der Zusammenarbeit mit den Kooperationspartnern führen, in einer Weise, die die Aktivitäten anderer maßgeblicher internationaler Organisationen und Agenturen ergänzt;

3. ermutigt die Teilnehmerstaaten, die OSZE-Plattform samt den entsprechenden Arbeitsgremien auch dazu zu nutzen, sich weiterhin mit migrationsbezogenen Fragen, in denen die OSZE ihre Ex- pertise entwickelt hat, zu befassen und den Dialog über Themen mit Migrationsbezug mit dem Ziel auszubauen, mögliche wirksame Maßnahmen und gemeinsame Konzepte zur Befassung da- mit zu entwickeln.

4.5 Wanderarbeiter

Siehe auch: II. 3.1.11: Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung II. 3.2.2: Wirtschaftliche und soziale Rechte II. 4.2: Roma and Sinti II. 5.3: Bekämpfung von durch Vorurteile, Intoleranz und Hass motivierte Handlungen

Helsinki 1975 (Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt)

Die Teilnehmerstaaten,

In der Erwägung, daß die Wanderbewegungen von Arbeitskräften in Europa einen bedeutenden Umfang angenommen haben und daß sie einen wichtigen wirtschaftlichen, sozialen und mensch- lichen Faktor sowohl in den Aufnahme- als auch in den Herkunftsländern darstellen,

In der Erkenntnis, daß die Wanderarbeit auch eine Reihe von wirtschaftlichen, sozialen, mensch- lichen und anderen Problemen sowohl in den Aufnahme- als auch in den Herkunftsländern her- vorgerufen hat,

Unter gebührender Berücksichtigung der Tätigkeiten der zuständigen internationalen Organisa- tionen in diesem Bereich, insbesondere der Internationalen Arbeitsorganisation, sind der Auffas- sung, daß die Probleme, die auf bilateraler Ebene durch die Wanderarbeit sowohl in Europa als auch zwischen den Teilnehmerstaaten entstanden sind, von den unmittelbar betroffenen Parteien behandelt werden sollen, um sie in ihrem gegenseitigen Interesse zu lösen, unter Beachtung der Sorge jedes betroffenen Staates um gebührende Berücksichtigung der Erfordernisse, die sich aus seiner sozio-ökonomischen Lage ergeben; dabei berücksichtigt jeder Staat seine Verpflichtung, den bilateralen und multilateralen Abkommen, die er eingegangen ist, zu entsprechen, und hat folgende Ziele im Auge: • die Bemühungen der Herkunftsländer zu fördern, die darauf zielen, ihren Bürgern im eigenen Land erweiterte Beschäftigungsmöglichkeiten zu schaffen, insbesondere durch den Ausbau ei- ner diesem Zweck dienlichen und für die Aufnahme- und Herkunftsländer geeigneten wirt- schaftlichen Zusammenarbeit; • die Bedingungen für einen geordneten Ablauf der Wanderbewegung der Arbeitskräfte durch die Zusammenarbeit zwischen dem Aufnahme- und dem Herkunftsland zu gewährleisten, wobei

228 4.5 Wanderarbeiter

gleichzeitig deren persönliches und soziales Wohl gewahrt wird, und, gegebenenfalls, die An- werbung sowie eine elementare sprachliche und berufliche Vorbereitung der Wanderarbeiter zu organisieren; • die Gleichberechtigung zwischen Wanderarbeitern und Bürgern der Gastländer hinsichtlich der Beschäftigungs- und Arbeitsbedingungen sowie der sozialen Sicherheit zu gewährleisten und darauf zu achten, daß Wanderarbeitern zufriedenstellende Lebensbedingungen und insbeson- dere Wohnverhältnisse zuteil werden; • soweit als möglich darauf zu achten, daß die Wanderarbeiter die gleichen Möglichkeiten wie die Bürger der Gastländer haben, im Falle der Arbeitslosigkeit anderweitig passende Beschäf- tigung zu finden; • zu befürworten, daß den Wanderarbeitern eine berufliche Bildung und, soweit möglich, kos- tenloser Unterricht in der Sprache des Gastlandes im Rahmen ihrer Beschäftigung zuteil wird; • das Recht der Wanderarbeiter zu bestätigen, im Rahmen des Möglichen regelmäßige Informa- tionen in ihrer eigenen Sprache sowohl über ihr Herkunftsland als auch über das Aufnahme- land zu erhalten; • sicherzustellen, daß die im Aufnahmeland lebenden Kinder von Wanderarbeitern unter den gleichen Bedingungen wie die Kinder dieses Landes Zugang zum dort üblichen Unterricht ha- ben und zu gestatten, daß sie darüber hinaus in ihrer eigenen Sprache, Kultur, Geschichte und Geographie unterrichtet werden; • sich dessen bewußt zu sein, daß Wanderarbeiter, insbesondere solche, die berufliche Qualifi- kationen erworben haben, durch die Rückkehr in ihre Heimatländer nach einer gewissen Zeit dazu beitragen können, dem Mangel an qualifizierten Arbeitskräften abzuhelfen; • soweit wie möglich die Vereinigung der Wanderarbeiter mit ihren Familien zu fördern; • die von den Herkunftsländern unternommenen Bemühungen zu befürworten, die Ersparnisse der Wanderarbeiter ins Land zurückzuführen, um so das Angebot angemessener Beschäfti- gungsmöglichkeiten im Rahmen ihrer wirtschaftlichen Entwicklung zu erweitern und dadurch die Wiedereingliederung der zurückkehrenden Arbeiter zu erleichtern.

Madrid 1983 (Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt)

Im Zusammenhang mit den Bestimmungen der Schlußakte über Wanderarbeit in Europa stel- 4 len die Teilnehmerstaaten fest, daß sich jüngste Entwicklungen der Weltwirtschaft auf die Lage der Wanderarbeiter ausgewirkt haben. Mögen im Geiste des beiderseitigen Interesses und der Zu- sammenarbeit ihre Kontakte verstärken, um die allgemeine Lage der Wanderarbeiter und ihrer Familien, unter anderem den Schutz der Menschenrechte, einschließlich ihrer wirtschaftlichen, sozialen und kulturellen Rechte, zu verbessern, wobei insbesondere die speziellen Probleme der zweiten Generation von Wanderarbeitern zu berücksichtigen sind. Sie werden auch bemüht sein, dort, wo eine angemessene Nachfrage besteht, angemessenen Unterricht in der Sprache der Kul- tur der Herkunftsländer zu bieten oder zu fördern.

Die Teilnehmerstaaten empfehlen, neben anderen Maßnahmen zur Erleichterung der sozialen und wirtschaftlichen Wiedereingliederung zurückkehrender Wanderarbeiter durch geeignete gesetz- geberische Maßnahmen oder gegenseitige Abkommen die Auszahlung von Pensionsansprüchen sicherzustellen, so wie sie nach dem System sozialer Sicherheit, zu dem solche Arbeiter im Auf- nahmeland zugelassen worden sind, erworben oder festgestellt worden sind.

229 4.5 Wanderarbeiter

Wien 1989 (Zusammenarbeit in den Bereichen der Wirtschaft, der Wissenschaft und der Technik sowie der Umwelt)

(40) Die Teilnehmerstaaten betonen die Notwendigkeit einer wirksamen Durchführung der Be- stimmungen der Schlußakte und des Abschließenden Dokuments von Madrid über Wanderarbei- ter und ihre Familien in Europa. Sie rufen die Aufnahme- und Herkunftsländer auf, sich um eine weitere Verbesserung der wirtschaftlichen, sozialen, kulturellen und sonstigen Lebensbedingungen für Wanderarbeiter und ihre Familien, die sich rechtmäßig in den Aufnahmeländern aufhalten, zu bemühen. Sie empfehlen, daß die Aufnahme- und Herkunftsländer ihre bilaterale Zusammen- arbeit in einschlägigen Bereichen fördern sollten, um die Wiedereingliederung von Wanderarbei- tern und ihren Familien, die in ihre Heimat zurückkehren, zu erleichtern.

(41) Die Teilnehmerstaaten werden (…) Anträge auf Familienzusammenführung sowie auf Fami- lienkontakte und -besuche wohlwollend prüfen, wenn Wanderarbeiter aus anderen Teilnehmer- staaten, die sich rechtmäßig in den Aufnahmeländern aufhalten, davon betroffen sind.

(42) Die Teilnehmerstaaten werden gewährleisten, daß Wanderarbeiter aus anderen Teilnehmer- staaten und ihre Familien ihre nationale Kultur unbehindert pflegen und bewahren können und Zugang zur Kultur des Aufnahmelandes haben.

(43) In dem Bestreben, daß Kinder von Wanderarbeitern beim Zugang zu allen Typen und Ebe- nen von Bildungseinrichtungen tatsächlich die gleichen Möglichkeiten haben wie die Kinder ih- rer eigenen Staatsangehörigen, erklären die Teilnehmerstaaten ihre Bereitschaft, die zur besseren Nutzung der bestehenden Bildungsmöglichkeiten und zu deren Verbesserung erforderlichen Maß- nahmen zu treffen. Darüber hinaus werden sie, wo eine angemessene Nachfrage besteht, zusätzlichen Unterricht für die Kinder von Wanderarbeitern in ihrer Muttersprache fördern bzw. erleichtern.

(44) Die Teilnehmerstaaten erkennen an, daß die Frage der Wanderarbeiter eine menschliche Di- mension hat.

Kopenhagen 1990

(22) Die Teilnehmerstaaten bekräftigen, daß dem Schutz und der Förderung der Rechte der Wan- derarbeiter eine menschliche Dimension zukommt. In diesem Zusammenhang (22.1) stimmen sie darin überein, daß der Schutz und die Förderung der Rechte von Wanderar- beitern ein Anliegen aller Teilnehmerstaaten sind und daß dies daher im Rahmen des KSZE-Pro- zesses angesprochen werden sollte; (22.2) bekräftigen sie ihre Verpflichtung, die in den für sie bindenden internationalen Vereinba- rungen enthaltenen Rechte der Wanderarbeiter in vollem Umfang in die nationalen Rechtsvor- schriften zu übernehmen; (22.3) sind sie der Ansicht, daß sie in zukünftigen internationalen Dokumenten über die Rechte von Wanderarbeitern die Tatsache berücksichtigen sollten, daß die Frage für sie alle von Bedeutung ist;

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir erkennen an, daß die Fragen der Wanderarbeiter und ihrer Familien, die sich rechtmäßig in Aufnahmeländern aufhalten, wirtschaftliche, kulturelle und soziale Aspekte wie auch ihre mensch- liche Dimension haben. Wir bekräftigen, daß der Schutz und die Förderung ihrer Rechte sowie die Verwirklichung einschlägiger internationaler Verpflichtungen uns alle angeht.

230 4.5 Wanderarbeiter

Moskau 1991

(38) Die Teilnehmerstaaten anerkennen die Notwendigkeit, die Rechte der sich rechtmäßig in den Teilnehmerstaaten aufhaltenden Wanderarbeiter und ihrer Familien zu achten, und unterstrei- chen deren Recht, ihre ethnischen, kulturellen, religiösen und sprachlichen Besonderheiten frei zum Ausdruck bringen zu können. Sie Ausübung dieser Rechte darf Einschränkungen unterlie- gen, soweit diese im Gesetz vorgesehen sind und mit internationalen Normen in Einklang stehen. (38.1) Sie verurteilen alle Handlungen, die von Diskriminierung aus Gründen der Rasse, der Haut- farbe und der ethnischen Herkunft, von Intoleranz und Fremdenhaß gegen die Wanderarbeiter gekennzeichnet sind. Sie werden im Einklang mit ihrer innerstaatlichen Rechtsordnung und mit ihren internationalen Verpflichtungen wirksame Maßnahmen zur Förderung von Toleranz, Ver- ständigung, Chancengleichheit und Achtung der grundlegenden Menschenrechte der Wanderarbei- ter ergreifen. Falls dies noch nicht geschehen ist, werden sie Maßnahmen treffen, die Handlungen verhindern sollen, die auf der Grundlage von Diskriminierung, Feindseligkeit oder Haß aus na- tionalen, rassischen, ethnischen oder religiösen Gründen zu Gewalt aufhetzen. (38.2) Sie werden geeignete Maßnahmen ergreifen, die den Wanderarbeitern die Teilnahme am öffentlichen Leben der Teilnehmerstaaten ermöglichen. (38.3) Sie stellen fest, daß Fragen der menschlichen Dimension betreffend Wanderarbeiter, die auf ihrem Staatsgebiet leben, sowie jegliche andere Frage der menschlichen Dimension im Rahmen des Mechanismus der menschlichen Dimension aufgeworfen werden könnten.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(36) bringen erneut zum Ausdruck, daß Menschenrechte und Grundfreiheiten allgemein gültig sind, daß Wanderarbeiter, wo immer sie auch leben, sie auch genießen, und bekräftigen die Be- deutung der Durchführung aller KSZE-Verpflichtungen betreffend Wanderarbeiter und deren Fa- milien, die sich rechtmäßig in den Teilnehmerstaaten aufhalten;

(37) werden zur Schaffung von Bedingungen ermutigen, die geeignet sind, harmonischere Bezie- hungen zwischen Wanderarbeitern und der übrigen Gesellschaft des Teilnehmerstaates, in dem sie sich regelmäßig aufhalten, entstehen zu lassen. Zu diesem Zweck werden sie sich unter ande- rem bemühen, Möglichkeiten anzubieten, die es Wanderarbeitern und ihren Familien erleichtern, 4 sich mit den Sprachen und dem gesellschaftlichen Leben des entsprechenden Teilnehmerstaates, in dem sie sich rechtmäßig aufhalten, vertraut zu machen, so daß sie in die Lage versetzt werden, am Leben der Gesellschaft im Gastland teilzunehmen;

(38) werden sich, soweit angemessen, in Übereinstimmung mit ihren innerstaatlichen politischen Konzepten, Gesetzen und internationalen Verpflichtungen bemühen, Bedingungen zu schaffen für die Förderung der Chancengleichheit betreffend Arbeitsbedingungen, Bildung, soziale Sicher- heit, Gesundheitswesen, Wohnungswesen, Zugang zu Gewerkschaften sowie kulturelle Rechte für Wanderarbeiter, die sich im Land rechtmäßig aufhalten und dort arbeiten.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

29. Sie beschlossen, daß geeignete Maßnahmen ergriffen werden sollten, um rassistische Über- griffe und sonstige Äußerungen gewaltsamer Intoleranz gegenüber Wanderarbeitnehmern und deren Familien besser zu verhindern.

231 4.5 Wanderarbeiter

(…)

31. Sie werden weiterhin die Integration der Wanderarbeitnehmer in die Gesellschaft fördern, in der sie ihren rechtmäßigen Wohnsitz haben. Sie vertreten die Auffassung, daß ein erfolgreicher Integrationsprozeß auch davon abhängt, wie die Wanderarbeitnehmer ihn selbst aktiv wahrneh- men, und beschlossen daher, sie diesbezüglich zu ermutigen.

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

11. verpflichtet sich, die Diskriminierung von Wanderarbeitnehmern zu bekämpfen; Verpflichtet sich ferner, die Integration von Wanderarbeitnehmern in die Gesellschaft, in der sie sich recht- mäßig aufhalten, zu erleichtern (…)

Die Teilnehmerstaaten verpflichten sich: (…) • im Einklang mit ihren innerstaatlichen Rechtsvorschriften und internationalen Verpflichtun- gen Maßnahmen gegen Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Mi- granten und Wanderarbeitnehmern zu ergreifen; • zu erwägen, die Öffentlichkeit durch entsprechende Aktivitäten auf die Bereicherung aufmerk- sam zu machen, die Migranten und Wanderarbeitnehmern für die Gesellschaft darstellen; (…)

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

Laibach 2005 (Beschluss Nr. 2/05 über Migration)

Der Ministerrat,

in Bekräftigung der Verpflichtungen in Bezug auf Migration, insbesondere betreffend die Wan- derarbeitnehmer, sowie anderer einschlägiger Verpflichtungen (…)

232 4.5 Wanderarbeiter

in Anerkennung der zunehmenden Bedeutung der Migration sowie der Herausforderungen und Chancen, die sie für die Teilnehmerstaaten darstellt,

ferner in Anerkennung der Tatsache, dass Migration ein zunehmend vielfältiges und komplexes Phänomen ist, mit dem man sich in umfassender Weise auseinandersetzen muss und das daher eines dimensionsübergreifenden Ansatzes auf nationaler, regionaler und internationaler Ebene bedarf,

in der Erkenntnis, dass alle Staaten einen wirksamen nationalen Rahmen zur Steuerung der Mi- gration schaffen sollten, betonend, dass Migration ihrem Wesen nach eine transnationale Frage ist, die Zusammenarbeit zwischen Staaten verlangt,

in der Erkenntnis, dass Migration einen wichtigen wirtschaftlichen, sozialen und menschlichen Faktor sowohl für die Aufnahmeländer als auch für die Herkunftsländer darstellt,

ferner in der Erkenntnis, dass eine erfolgreiche Integrationspolitik, die die Achtung der kulturel- len und religiösen Vielfalt sowie die Förderung und den Schutz der Menschenrechte und Grund- freiheiten einschließt, ein Faktor zur Förderung der Stabilität und des Zusammenhalts unserer Gesellschaften ist, (…)

in Begrüßung der bestehenden Zusammenarbeit zwischen der OSZE, insbesondere dem Büro für demokratische Institutionen und Menschenrechte (BDIMR) und dem Büro des Koordinators für ökonomische und ökologische Aktivitäten der OSZE (OCEEA), und einschlägigen internationa- len Organisationen und Institutionen,

in der Erwägung, dass die OSZE im Rahmen ihres umfassenden Sicherheitsansatzes unter ande- rem folgende Beiträge leisten könnte

diese Strategie wird unter anderem: • Schaffung von Synergien und Entwicklung einer stärkeren Partnerschaft mit internationalen Gremien, die sich speziell mit Migration befassen, • Förderung des Dialogs und der Zusammenarbeit zwischen den Teilnehmerstaaten, einschließ- lich der Herkunfts-, Transit- und Zielländer im OSZE-Raum sowie der OSZE-Kooperations- partner und -Kooperationspartner im Mittelmeerraum, 4 • Unterstützung der Teilnehmerstaaten auf deren Ersuchen bei der Entwicklung einer wirksamen Migrationspolitik und bei der Umsetzung ihrer einschlägigen OSZE-Verpflichtungen, • Einladung an die Teilnehmerstaaten, den Beitritt zu einschlägigen internationalen Überein- kommen zu erwägen,

Athen 2009 (Beschluss Nr. 5/09 über Migrationssteuerung)

Der Ministerrat, (…)

Kenntnis nehmend von der wachsenden Bedeutung einer wirksamen Migrationssteuerung und de- ren Nutzen für die sozioökonomische Entwicklung, den sozialen Zusammenhalt, die Sicherheit und Stabilität in allen Ländern, einschließlich der Herkunfts-, Transit- und Zielländer, und in unein- geschränkter Anerkennung der Menschenrechte von Migranten und deren Familienangehörigen,

233 4.5 Wanderarbeiter

betonend, wie wichtig es ist, die Migrationspolitik als Querschnittsmaßnahme in die Wirtschafts-, Sozial-, Umwelt-, Entwicklungs- und Sicherheitsstrategien zu integrieren und sich mit der Mig- rationssteuerung anhand kooperativer, umfassender und dimensionenübergreifender Konzepte auseinanderzusetzen,

Die Notwendigkeit unterstreichend, die legale Zuwanderung zu erleichtern und die illegale Mig- ration zu bekämpfen,

in Anbetracht der verschiedenen Ansätze der OSZE-Teilnehmerstaaten im Umgang mit Migrati- onsfragen und unter Nutzung von deren Erfahrungen und bewährten Methoden,

unter Betonung der Notwendigkeit, den Dialog und die Zusammenarbeit auf allen Ebenen in und zwischen allen Staaten sowie mit allen maßgeblichen Akteuren, darunter auch die Sozialpartner, die Wirtschaft, die Zivilgesellschaft und die akademische Welt, zu vertiefen, um sich erfolgreich mit den Chancen und Problemen, die eine umfassende Migrationssteuerung mit sich bringt, aus- einandersetzen zu können,

Bestätigend, dass Zusammenarbeit, Dialog und der Austausch bewährter Methoden und von In- formationen über Fragen der Migrationssteuerung nach wie vor eine wichtige Komponente des umfassenden Sicherheitskonzepts der OSZE sind, die gegebenenfalls und im Rahmen der jeweili- gen Mandate, Kapazitäten und Ressourcen in allen drei Dimensionen unterstützt wird,

1. legt den Teilnehmerstaaten nahe, durch folgende Maßnahmen die Arbeit im Bereich der Mig- rationssteuerung fortzusetzen: • indem sie der Auseinandersetzung mit den der Migration zugrunde liegenden Ursachen beson- dere Aufmerksamkeit widmen; • indem sie dafür Sorge tragen, dass ihre nationale Migrationspraxis mit ihren internationalen Verpflichtungen und OSZE-Verpflichtungen im Einklang steht; • indem sie die Verwirklichung einer umfassenden und wirksamen nationalen Migrationspolitik und gegebenenfalls von Aktionsplänen verbessern und verstärken • indem sie die Beschaffung vergleichbaren Datenmaterials über Migration verbessern, um auf OSZE-Ebene den Dialog und den Austausch bewährter Methoden zu erleichtern; • indem sie die Zusammenarbeit und Partnerschaften zwischen Herkunfts- und Zielländern för- dern und zu diesem Zweck wirksame Regelungen für eine legale Zuwanderung wie etwa zirkuläre Migration und andere Formen freiwilliger Arbeitnehmermobilität im Interesse der Entwicklung der Herkunfts- und Zielländer erleichtern • indem sie die Menschenrechte von Migranten achten und die Bemühungen zur Bekämpfung von Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Migranten und ihren Angehörigen verstärken;

2. legt den Teilnehmerstaaten nahe, in ihre Migrationspolitik Genderaspekte einfließen zu lassen, in denen die Empfehlungen des von der OSZE verfassten Guide on Gender Sensitive Labour Mig- ration Policies berücksichtigt werden;

3. fordert die Teilnehmerstaaten auf, die Migrationssteuerung durch mehr Kohärenz zwischen Migrations- und Wirtschafts-, Sozial-, Umwelt- und Sicherheitspolitik mittels Konsultation, Part- nerschaft und Zusammenarbeit zwischen Regierungen auf bilateraler, regionaler oder überregio- naler Ebene zu verstärken;

234 4.6 Personen mit Behinderungen

4. Legt den Teilnehmerstaaten nahe, die erforderlichen Maßnahmen zu treffen, um die negativen Auswirkungen der weltweiten Finanz- und Wirtschaftskrise auf Migranten auf ein Minimum zu reduzieren und dazu die wirtschaftliche Zusammenarbeit, zu intensivieren, günstige Voraus- setzungen für Investitionen und Unternehmensgründungen zu schaffen und den Rückfluss von Überweisungen zu erleichtern;

5. beauftragt den Ständigen Rat, dessen informelle nachgeordnete Gremien und die Durchfüh- rungsorgane der OSZE jeweils im Einklang mit ihrem Mandat in allen Dimensionen, im Rahmen des umfassenden Sicherheitskonzepts der Organisation und der vorhandenen Ressourcen unter anderem mit folgenden Aufgaben: • Bereitstellung einer breit angelegten regionalen Plattform für den Dialog über Migration und Sicherheitsfragen, sowohl zwischen den OSZE-Teilnehmerstaaten als auch zwischen den Teil- nehmerstaaten und Kooperationspartnern unter Einbindung anderer maßgeblicher Akteure und in völliger Übereinstimmung mit der OSZE-Geschäftsordnung; • Weitere Befassung mit geschlechtsspezifischen Aspekten der Migration, • Unterstützung der Teilnehmerstaaten auf deren Ersuchen bei der Verbesserung ihrer Zuwande- rungsgesetze und der Ausarbeitung und Umsetzung wirksamer nationaler politischer Rahmen- bedingungen, indem sie Beratung und Ausbildung in Zusammenarbeit mit einschlägig tätigen internationalen und regionalen Organisationen zur Verfügung stellen; • Leistung von Beiträgen zu den internationalen Bemühungen zur Abschätzung der möglichen Auswirkungen der Schädigung der Umwelt auf den Migrationsdruck, die möglicherweise durch den Klimawandel verstärkt werden, um auf diesem Gebiet eine bessere Vorsorge sicherzustellen; • Fortsetzung ihrer Unterstützung für die Teilnehmerstaaten auf deren Ersuchen bei der Förde- rung einer erfolgreichen Migrationssteuerung unter anderem durch den Austausch bewährter Methoden, bei der Erleichterung der legalen Zuwanderung und Bekämpfung der illegalen Mi- gration, unter besonderer Berücksichtigung der bilateralen und multilateralen Zusammenar- beit auf diesem Gebiet.

4.6 Personen mit Behinderungen

Moskau 1991 4 (41) Die Teilnehmerstaaten beschließen (41.1) den Schutz der Menschenrechte für Behinderte zu gewährleisten; (41.2) Maßnahmen zu treffen, um die Chancengleichheit und die volle Teilnahme solcher Perso- nen am öffentlichen Leben zu gewährleisten; (41.3) die angemessene Beteiligung solcher Personen an sie betreffenden Entscheidungen zu fördern; (41.4) zu Dienstleistungen und zur Ausbildung von Sozialarbeitern im Hinblick auf die berufliche und soziale Eingliederung von Behinderten zu ermutigen; (41.5) zu günstigen Zugangsmöglichkeiten für Behinderte zu öffentlichen Gebäuden und Einrich- tungen, zu Wohnhäusern, Transportmitteln sowie kulturellen Veranstaltungen und Erholungs- möglichkeiten zu ermutigen.

235 4.7 Kinder

Mailand 2018 (Beschluss 5/18 über Entwicklung des Humankapitals im digitalen Zeitalter) (…)

4.7 Kinder

Siehe auch: II. 3.1.11: Recht auf Freizügigkeit, menschliche Kontakte und Familienzusammenführung II. 3.2.4: Recht auf Bildung II. 4.2: Roma and Sinti II. 4.4: Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose II. 4.5: Wanderarbeiter II. 6.2: Prävention von Menschenhandel

Kopenhagen 1990

(13) Die Teilnehmerstaaten beschließen, der Anerkennung der Rechte des Kindes, seiner bürger- lichen Rechte und seiner individuellen Freiheiten, seiner wirtschaftlichen, sozialen und kulturel- len Rechte und seiner Rechte auf besonderen Schutz gegen jede Form von Gewalt und Ausbeutung

236 4.7 Kinder

besondere Aufmerksamkeit zu schenken. Sie werden erwägen, dem Übereinkommen über die Rechte des Kindes beizutreten, das seit 26. Januar 1990 zur Unterzeichnung durch die Staaten aufliegt, so- fern dieser Beitritt noch nicht erfolgt ist. Sie werden die in den für sie bindenden internationalen Vereinbarungen enthaltenen Rechte des Kindes in ihren nationalen Rechtsvorschriften anerkennen.

Istanbul 1999 (Gipfelerklärung)

28. Zum zehnten Jahrestag der Verabschiedung der Konvention über die Rechte des Kindes und in Erfüllung der OSZE-Verpflichtungen von Kopenhagen bekennen wir uns zur aktiven Förderung der Rechte und Interessen von Kindern, insbesondere in und nach Konflikten. Wir werden uns bei unserer Arbeit in der OSZE regelmäßig mit den Rechten der Kinder befassen (…). Wir werden dem körperlichen und seelischen Wohl von Kindern, die an bewaffneten Konflikten teilnehmen oder davon betroffen sind, besondere Beachtung schenken.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

24. Wir werden Maßnahmen ergreifen, um (…) der Gewalt gegen (…) inder, der sexuellen Aus- beutung und jeder Form des Menschenhandels ein Ende zu setzen. Um derartige Verbrechen zu verhüten, werden wir unter anderem für die Verabschiedung oder Verschärfung von Gesetzen ein- treten, die die Täter zur Verantwortung ziehen und den Opferschutz verbessern. Wir werden ferner Maßnahmen erarbeiten und umsetzen, um die Rechte und Interessen von Kindern in bewaffne- ten Konflikten und nach Konflikten, einschließlich von Kinderflüchtlingen und Kindervertriebe- nen, zu fördern. Wir werden Möglichkeiten prüfen, wie die Zwangs- oder Pflichtrekrutierung von Jugendlichen unter 18 Jahren zum Einsatz in bewaffneten Konflikten verhindert werden kann.

Brüssels 2006 (Beschluss Nr. 15/06 über Bekämpfung der sexuellen Ausbeutung von Kindern)

Der Ministerrat,

in der Erkenntnis, dass die sexuelle Ausbeutung von Kindern im OSZE-Raum und außerhalb der Region ein schwerwiegendes und weit verbreitetes Problem darstellt, mit vielfältigen, miteinander verbundenen Erscheinungsformen der sexuellen Ausbeutung von Kindern, einschließlich Prosti- tution, Kinderpornographie, Kinderhandel für die Zwecke der sexuellen Ausbeutung, Sextouris- mus und Zwangsverheiratung von Kindern, 4 in der Erkenntnis, dass die sexuelle Ausbeutung von Kindern die menschliche Würde verletzt und die Wahrnehmung der Menschenrechte und Grundfreiheiten in Frage stellt,

in der Erwägung, dass die sexuelle Ausbeutung von Kindern ein schwerwiegendes und abscheu- liches Verbrechen ist, in vielen Fällen verbunden mit organisierter Kriminalität, das mit allen verfügbaren Mitteln verhindert, untersucht, strafrechtlich verfolgt und geahndet werden muss,

die Notwendigkeit betonend, sich mit den zahlreichen Faktoren auseinanderzusetzen, die Kinder anfällig für sexuelle Ausbeutung machen können, darunter das Wohlstandsgefälle, fehlender Zu- gang zu Bildung sowie Diskriminierung, einschließlich geschlechtsspezifischer Diskriminierung, ebenso wie die Notwendigkeit, die Nachfrage nach Kinderpornographie und Sextourismus zu be- kämpfen und Straftaten dieser Art zu verhindern,

in der Erwägung, dass die sexuelle Ausbeutung von Kindern durch den Einsatz neuer Technolo- gien wie dem Internet zunimmt und sich weiter ausbreitet,

237 4.7 Kinder

(…)

1. Verurteilt die sexuelle Ausbeutung von Kindern in all ihren Formen, unter anderem: (a) durch Kinderprostitution und Kinderpornographie, etwa durch das Anbieten, Beschaffen, Ver- mitteln, Bereitstellen oder Anwerben eines Kindes für diese Zwecke oder durch die Erlangung von Vorteilen aus der Ausbeutung eines Kindes für diese Zwecke; (b) wenn im Austausch gegen sexuelle Handlungen Zwang, Gewalt, Betrug oder Bedrohung, Ver- trauensmissbrauch, Verfügungsgewalt über oder Einfluss auf ein Kind ausgeübt bzw. eingesetzt wird oder Geld oder andere Formen der Entschädigung/ Gefälligkeit angeboten oder geleistet wer- den, auch in Zeiten des bewaffneten Konflikts oder in der Zeit nach Konflikten; (c) das Herstellen, Vertreiben, Verbreiten oder Weiterleiten, das Anbieten oder in anderer Weise Verfügbarmachen jeder Form von Kinderpornographie (über Computersysteme, das Internet oder andere Mittel); (d) der vorsätzliche Erwerb und Besitz von Kinderpornographie; (e) Kinderhandel zum Zweck der sexuellen Ausbeutung;

2. ruft die Teilnehmerstaaten auf, ihre Rechtsvorschriften zu dieser Frage an ihre einschlägigen völkerrechtlichen und anderen Verpflichtungen anzupassen;

3. fordert die Teilnehmerstaaten eindringlich auf, im Umgang mit dem Problem der sexuellen Aus- beutung von Kindern einen ganzheitlichen Ansatz zu wählen, der sich auch mit den tieferen Ursa- chen und beitragenden Faktoren auseinandersetzt, darunter die Nachfrage, die alle Formen von sexueller Ausbeutung von Kindern begünstigt, und umfassende und aktive Strategien und Maß- nahmen zur Verhütung und Bekämpfung der sexuellen Ausbeutung von Kindern zu entwickeln;

4. fordert die Teilnehmerstaaten mit Nachdruck dazu auf, alle gesetzgeberischen Maßnahmen zur strafrechtlichen Ahndung der sexuellen Ausbeutung von Kindern zu treffen und wirksame, ver- hältnismäßige und abschreckende Strafen vorzusehen; ermutigt diesbezüglich die Teilnehmer- staaten, gesetzgeberische Maßnahmen zu prüfen, die es ihnen gestatten würden, ihre Staatsbürger wegen schwerer sexueller Vergehen an Kindern strafrechtlich zu verfolgen, auch dann, wenn diese Straftaten in einem anderen Land verübt wurden;

5. ruft die Teilnehmerstaaten auf, die Strafverfolgungsbehörden besser in die Lage zu versetzen, Straftäter entschlossen auszuforschen und strafrechtlich zu verfolgen;

6. Ruft die Teilnehmerstaaten dazu auf, Programme für den Rechtsschutz, die Unterstützung, ent- sprechende medizinische Betreuung, die Rehabilitation und die Wiedereingliederung von Kin- dern, die Opfer von sexueller Ausbeutung wurden, zu erleichtern und, wo angezeigt, für die sichere Rückkehr von Kindern, die Opfer von Menschenhandel waren, zu sorgen;

7. appelliert an die Teilnehmerstaaten, auf allen Ebenen der Gesellschaft Aufklärungsarbeit über das Problem der sexuellen Ausbeutung von Kindern zu leisten;

8. legt den Teilnehmerstaaten nahe, unter gebührender Berücksichtigung der Vertraulichkeit per- sönlicher Daten kompatible und austauschbare Datenregistrierungssysteme speziell zu Fragen der sexuellen Ausbeutung von Kindern zu entwickeln und umfassende Datensammlungsmechanis- men und Forschung über die sexuelle Ausbeutung von Kindern zu fördern;

238 4.7 Kinder

9. unterstützt Maßnahmen der Teilnehmerstaaten, die diese in Zusammenarbeit mit Nichtregie- rungsorganisationen (NROs) und geeigneten Vertretern maßgeblicher Wirtschaftssektoren wie der Reisebranche, des Gast- und Hotelgewerbes oder der Medienwirtschaft treffen, um gegen die Nachfrage nach sexueller Ausbeutung von Kindern vorzugehen;

10. fordert eindringlich zu einer intensiveren Zusammenarbeit zwischen den Teilnehmerstaaten bei der Ausforschung, Untersuchung, strafrechtlichen Verfolgung und Bestrafung jener Personen auf, die für die sexuelle Ausbeutung von Kindern verantwortlich sind;

11. empfiehlt, dass die Teilnehmerstaaten Schulungsprogramme zur Frage der sexuellen Ausbeu- tung von Kindern für Mitarbeiter – unter anderem jene in den Bereichen Justiz, Polizei, Fremden- verkehr, Verkehrswesen, Sozialarbeit, Gesundheitswesen, Zivilgesellschaft, religiöse Organisationen und Bildungsbereich – einrichten;

12. tritt dafür ein, dass die zuständigen Behörden in den Teilnehmerstaaten in Übereinstimmung mit den innerstaatlichen Datenschutzvorschriften mit Anbietern von Internetdiensten, Kredit- kartenunternehmen, Banken und anderen Unternehmen sowie mit einschlägig tätigen NROs zu- sammenarbeiten, um zu erreichen, dass Informationen über die sexuelle Ausbeutung von Kindern nachverfolgt und gemeldet werden können;

13. empfiehlt die Schaffung von Telefon- oder Internet-Hotlines, möglicherweise in Zusammenar- beit mit NROs, bei denen Fälle von sexueller Ausbeutung von Kindern vertraulich gemeldet wer- den können, damit die Strafverfolgungsbehörden diesen Meldungen nachgehen und die Opfer und ihre Familien entsprechende Unterstützung erhalten können; (…)

15. beauftragt die Durchführungsorgane der OSZE, im Rahmen ihrer bestehenden Mandate Mit- tel und Wege zu prüfen, wie für eine entsprechende Schulung und Aufklärung der OSZE-Mitar- beiter über das Problem der sexuellen Ausbeutung von Kindern gesorgt werden kann, wobei auf den Verhaltenskodex für OSZE-Mitarbeiter sowie auf die Dienstanweisung Nr. 11 über den Men- schenhandel Bedacht zu nehmen ist;

16. ermutigt die maßgeblichen Durchführungsorgane der OSZE, im Rahmen ihrer bestehenden Mandate ihr Augenmerk auf den Bereich der sexuellen Ausbeutung von Kindern zu richten, ein- schließlich ihrer Verbindungen zum Menschenhandel, und betont die Notwendigkeit, dass sie und 4 die Teilnehmerstaaten bei der Bekämpfung der sexuellen Ausbeutung von Kindern mit anderen internationalen Organisationen, NROs und der Zivilgesellschaft zusammenarbeiten.

Madrid 2007 (Beschluss Nr. 8/07 über die Bekämpfung des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften)

Der Ministerrat, (…)

ruft die Teilnehmerstaaten dazu auf: (…)

20. ihre Bemühungen um Verhinderung von Kinderarbeit zu intensivieren, indem sie die Unter- zeichnung und Ratifizierung der ILO-Konvention von 1999 gegen die schlimmsten Formen von Kinderarbeit in Erwägung ziehen, sofern sie dies noch nicht getan haben, und indem sie die Be- stimmungen der Konvention umsetzen, wenn sie dieser bereits beigetreten sind;

239 4.7 Kinder

(…)

Madrid 2007 (Beschluss Nr. 9/07 über Bekämpfung der sexuellen Ausbeutung von Kindern im Internet)

Der Ministerrat,

zutiefst darüber beunruhigt, dass der Konsum und die Verbreitung von Kinderpornografie und die Gewinne, die unter anderem kriminelle Organisationen daraus beziehen, durch das Wachs- tum des Internets weltweit enorm zugenommen haben, (…)

entschlossen, dieses zunehmende Phänomen zu bekämpfen, unter anderem durch die verstärkte Befassung der OSZE mit diesem Problem, beschließt:

1. Die Teilnehmerstaaten, die dies noch nicht getan haben, dazu zu ermutigen, ein nationales Ein- satzzentrum oder eine andere geeignete Struktur zu schaffen, um die Koordination zu verbessern, so weit wie möglich in Partnerschaft zwischen der öffentlichen Hand und Privatunternehmen, um sich mit Fragen im Zusammenhang mit der sexuellen Ausbeutung von Kindern wirksamer aus- einanderzusetzen;

2. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, dazu auf, im Einklang mit den in- nerstaatlichen Datenschutzbestimmungen Informationen über wegen sexueller Ausbeutung oder Missbrauchs von Kindern verurteilte Personen zu sammeln und zu speichern, um die Festnahme von Tätern und deren Überwachung in der Bewährungszeit zu erleichtern, und gegebenenfalls Instrumente zu entwickeln, die einen internationalen Informationsaustausch zwischen Strafver- folgungsbehörden über Verurteilungen und Berufsverbote von Sexualstraftätern ermöglichen;

3. ermutigt die Teilnehmerstaaten, die dies noch nicht getan haben, dazu, ein System einzurich- ten, das Strafverfolgungsbehörden die Zusammenarbeit mit staatlichen Rundfunkanstalten er- möglicht und gegebenenfalls rasch eine öffentliche Fahndung herauszugeben, wenn ein Kind als vermisst gemeldet wird;

4. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, eindringlich dazu auf, die straf- rechtliche Ahndung des vorsätzlichen Erwerbs und Besitzes von Kinderpornografie in Erwägung zu ziehen, da der Konsum und der Besitz von Kinderpornografie das Wachstum dieses illegalen Gewerbes fördert;

5. tritt dafür ein, dass die Teilnehmerstaaten, die dies noch nicht getan haben, eigene landesweite Hotlines einrichten, bei der Kindesmissbrauch einschließlich sexueller Ausbeutung von Kindern im Internet gemeldet werden kann;

6. fordert die Teilnehmerstaaten auf, gegebenenfalls verstärkt Daten über sexuelle Ausbeutung von Kindern und Kinderpornografie im Internet zu sammeln und Forschung zu dieser Frage zu be- treiben, um Umfang und Entwicklung des Problems besser zu erfassen und damit Programme zu seiner Bekämpfung wirksam zu machen;

7. Tritt dafür ein, dass die Teilnehmerstaaten im Einklang mit ihren innerstaatlichen Datenschutz- bestimmungen nicht nur auf nationaler sondern auch auf internationaler Basis mit den Anbietern von Internetdiensten, Kreditkartenunternehmen, Banken und anderen einschlägigen Unternehmen zusammenarbeiten, um zu verhindern, dass das Internet zur sexuellen Ausbeutung von Kindern

240 4.7 Kinder

benützt wird, und Zahlungsmethoden zu erschweren, um das Verbrechen weniger einträglich zu machen und die Nachfrage nach Kinderpornografie im Internet somit zu verringern;

8. ruft die Teilnehmerstaaten erneut dazu auf, Programme für den Rechtsschutz, die Unterstüt- zung, entsprechende medizinische Betreuung, die Rehabilitation und die Wiedereingliederung von Kindern, die Opfer sexueller Ausbeutung wurden, zu erleichtern, und, wo angezeigt, für die sichere Rückkehr von Kindern zu sorgen, die Opfer von Menschenhandel über Landesgrenzen hinweg waren;

9. fordert die OSZE-Teilnehmerstaaten eindringlich auf, Strafverfolgungsbeamte, Lehrer und medi- zinisches Personal verstärkt fachspezifisch in der Bekämpfung von Kinderpornografie im Internet zu schulen, indem sie unter anderem bestehende Programme wie jenes des Internationalen Zent- rums für abgängige und ausgebeutete Kinder nützen, und beauftragt die entsprechenden Durch- führungsorgane der OSZE, diesbezügliche Kontakte zu erleichtern;

10. beauftragt die entsprechenden Durchführungsorgane der OSZE, OSZE-Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung dieses Beschlusses und des Ministerratsbeschlusses Nr. 15/06 im Rahmen der verfügbaren Mittel und unbeschadet bereits laufender Aktivitäten behilflich zu sein;

11. Beauftragt das OSZE-Sekretariat, im Rahmen der vorhandenen Mittel auf der POLIS-Website seiner Gruppe Strategische Polizeiangelegenheiten einen mehrsprachigen Abschnitt über die Be- kämpfung der sexuellen Ausbeutung von Kindern im Internet einzurichten; dieser POLIS-Abschnitt sollte ein Forum für Experten schaffen, über das die Strafverfolgungsbehörden der Teilnehmer- staaten leichter Zugang zu bewährten Praktiken und verfügbaren Ermittlungsmethoden oder Soft- ware, zu Unterstützung bei der Ausarbeitung von Gesetzen bzw. zu Mustergesetzten erhalten und das Informationen zur Aufklärung über das Thema sowie Weblinks für die Öffentlichkeit anbietet; (…)

Helsinki 2008 (Beschlüsse: Beschluss Nr. 5/08 über die Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept)

Der Ministerrat, (…)

7. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, auf, besondere Maßnahmen für 4 den Schutz und die Unterstützung der Opfer von Kinderhandel während des gesamten Strafver- fahrens zu treffen, im Einklang mit den Grundsätzen des Kindeswohls, der Nichtdiskriminierung, der Mitwirkung und der Möglichkeit des Kindes, gehört zu werden; (…)

Basel 2014 (Erklärung zur Jugend)

Wir, (…), erinnern an die OSZE-Verpflichtungen im Zusammenhang mit Jugendlichen und Kin- dern, die in der Schlussakte von Helsinki und in anderen maßgeblichen OSZE-Beschlüssen ver- ankert sind, und nehmen Kenntnis von den diesbezüglichen Bemühungen anderer internationaler Organisationen, insbesondere der Vereinten Nationen.

Wir anerkennen, dass Kinder und Jugendliche besondere Aufmerksamkeit erfordern und dass auf ihre Bedürfnisse, Anliegen und Interessen im Rahmen eines umfassenden Ansatzes einge- gangen werden sollte.

241 4.7 Kinder

Wir anerkennen das Potenzial junger Menschen, einen Beitrag zur wirtschaftlichen, politischen und gesellschaftlichen Entwicklung zu leisten, und dass sie die Teilnehmerstaaten bei der Umset- zung von Verpflichtungen in allen drei Dimensionen der OSZE unterstützen können. (…)

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

insbesondere besorgt, dass junge Menschen, ja sogar Kinder, zum Terrorismus radikalisiert und als ausländische terroristische Kämpfer angeworben werden, und in Anerkennung der Wichtig- keit, mit Jugendlichen zu arbeiten, um die Radikalisierung von Jugendlichen zum Terrorismus zu verhüten und zu bekämpfen, (…)

Fordert die Teilnehmerstaaten auf: (…)

14. die Jugend in die Bemühungen um die Verhütung und Bekämpfung von gewalttätigem Ext- remismus und Radikalisierung, die zu Terrorismus führen, mit einzubeziehen und verstärkt zur Mitwirkung zu befähigen, wozu unter anderem folgende Maßnahmen infrage kommen: (a) Schaffung günstiger Rahmenbedingungen und von Chancen für die Beteiligung und das frei- willige und ungehinderte Engagement von jungen Menschen im öffentlichen Leben und bei der Förderung der Menschenrechte, Grundfreiheiten, demokratischen Prinzipien, der Rechtsstaatlichkeit, Toleranz, Nichtdiskriminierung, des Dia- logs, der gegenseitigen Achtung und des Verständnisses füreinander, sowie Erleichterung ihres Zugangs zu sozialen Diensten; (b) Unterstützung von Jugendlichen, die bereit sind, zu solchen Bemühungen beizutragen, durch Schul- und Hochschulbildung; (c) Unterstützung von bewusstseinsbildenden Initiativen durch oder für Jugendliche, unter anderem über das Internet oder die sozialen Medien, als Prävention bzw. zur Verhinderung ihrer Radikali- sierung zum Terrorismus sowie zur Förderung der Achtung der Menschenrechte und Grundfrei- heiten, von Toleranz und Nichtdiskriminierung; (d) Förderung von Programmen, die den Zugang von Jugendlichen zur Beschäftigung erleichtern;

Belgrad 2015 (Erklärung zu Jugend und Sicherheit)

Wir, (…), erinnern an die OSZE-Verpflichtungen betreffend die Jugend, die auf einschlägigen Be- stimmungen der Schlussakte von Helsinki beruhen.

Wir nehmen Kenntnis von den Bemühungen des derzeitigen Vorsitzes und vorhergehender Vor- sitze der OSZE und betonen, wie wichtig es ist, die Umsetzung der OSZE-Verpflichtungen betref- fend die Jugend insbesondere im Bildungsbereich zu fördern und der Rolle, die junge Menschen im Hinblick auf die Unterstützung der Teilnehmerstaaten bei der Umsetzung der OSZE-Verpflich- tungen in allen drei Dimensionen der OSZE spielen können, mehr Gewicht zu verleihen.

242 4.7 Kinder

Wir sind uns dessen bewusst, dass Jugendliche und Kinder besonderer Aufmerksamkeit bedür- fen und dass auf ihre Bedürfnisse, Anliegen und Interessen in umfassender Weise eingegangen werden sollte.

Mailand 2018 (Beschluss 5/18 über Entwicklung des Humankapitals im digitalen Zeitalter) (…)

In dem Bewusstsein, dass die durch die digitale Transformation entstandenen Veränderungen auf den Arbeitsmärkten geeignet sind, soziale und wirtschaftliche Unterschiede zu verstärken, und dass der Fokus verstärkt auf die Entwicklung des Humankapitals gelegt werden muss, insbeson- dere für Frauen, Jugendliche und Personen mit Behinderungen, vor allem in arbeitsintensiven Wirtschaftssektoren mit geringen Qualifikationsanforderungen, (…)

1. Wir, die Minister für auswärtige Angelegenheiten der Teilnehmerstaaten der Organisation für Sicherheit und Zusammenarbeit in Europa, anerkennen, dass die Jugend ein wichtiger Bestand- teil der Gesellschaft ist und eine wichtige Rolle zur Unterstützung der Teilnehmerstaaten bei der Umsetzung von Verpflichtungen in allen drei Dimensionen spielen kann.

2. Wir erinnern an die OSZE-Verpflichtungen im Zusammenhang mit Jugendlichen, die auf den einschlägigen Bestimmungen der Schlussakte von Helsinki, der Erklärung zu Jugend und Sicher- heit des Ministerrats von Basel 2014 und der Erklärung zur Jugend des Ministerrats von Belgrad 2015 aufbauen.

3. Wir nehmen Kenntnis von den Resolutionen (...) des Sicherheitsrats der Vereinten Nationen über Jugendliche und ihre Rolle bei der Wahrung des Weltfriedens und der internationalen Sicherheit.

243 4.8 Angehörige der Streitkräfte

4. Wir nehmen Kenntnis von den Bemühungen des derzeitigen Vorsitzes und früherer OSZE- Vorsitze und der Arbeit der Teilnehmerstaaten, um die Agenda Jugend, Frieden und Sicherheit voranzutreiben, wie der OSZE-Konferenz zum Thema „Mit der Jugend für die Jugend – Sicher- heit und Zusammenarbeit online stärken“, die am 25. und 26. Mai 2017 in Malaga (Spanien) ab- gehalten wurde.

5. Wir anerkennen die Rolle, die die Jugend spielen kann, um zu einer Kultur des Friedens, des Dialogs, der Gerechtigkeit und des friedlichen Zusammenlebens, des Vertrauens und der Versöh- nung beizutragen.

6. Wir laden die Kooperationspartner ein, sich dieser Erklärung auf freiwilliger Basis anzuschließen.

Tirana 2020 (Decision 6/20 über Verhütung und Bekämpfung der Korruption durch Digitalisierung und erhöhte Transparenz) (…)

1. Fordert die Teilnehmerstaaten auf, die Korruption durch folgende Maßnahmen zu verhüten und zu bekämpfen: (…) (i) Unterstützung der Aufklärung der Jugend über die Bedeutung guter Regierungsführung, ein- schließlich Transparenz, und der Verhütung und Bekämpfung der Korruption im Rahmen der innerstaatlichen Bildungssysteme sowie Förderung digitaler Fertigkeiten und Stärkung bewusst- seinsbildender Maßnahmen einschließlich der Förderung gemeinsamer Maßnahmen und der Zu- sammenarbeit des öffentlichen und des privaten Sektors sowie der Zivilgesellschaft;

4.8 Angehörige der Streitkräfte

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

27. Jeder Teilnehmerstaat wird gewährleisten, daß die Rekrutierung oder Einberufung von Personal zum Dienst in seinen militärischen und paramilitärischen Kräften sowie in seinen Sicherheitskräf- ten mit seinen Verpflichtungen hinsichtlich der Menschenrechte und Grundfreiheiten vereinbar ist.

244 4.9 Personen in Haft oder im Gefängnis

32. Jeder Teilnehmerstaat wird gewährleisten, daß die Angehörigen der militärischen und para- militärischen Kräfte sowie der Sicherheitskräfte in der Lage sind, im Einklang mit den einschlägi- gen verfassungsrechtlichen und gesetzlichen Bestimmungen und den dienstlichen Erfordernissen in den Genuß ihrer Menschenrechte und Grundfreiheiten zu kommen und diese auszuüben, wie sie in den KSZE-Dokumenten und im Völkerrecht zum Ausdruck kommen.

33. Jeder Teilnehmerstaat wird für angemessene rechtliche und administrative Verfahren Sorge tragen, um die Rechte aller Angehörigen seiner Streitkräfte zu schützen.

4.9 Personen in Haft oder im Gefängnis

Siehe auch: II. 2.4: Rechtsstaatlichkeit II. 3.1.4: Schutz vor willkürlicher Festnahme oder Inhaftierung

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

Die Teilnehmerstaaten werden (…) (23.2) gewährleisten, daß jeder, der festgenommen oder in Haft gehalten wird, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt wird; (23.3) die Mindestgrundsätze der Vereinten Nationen für die Behandlung von Strafgefangenen so- wie den Verhaltenskodex der Vereinten Nationen für Vollzugsbeamte einhalten;

Kopenhagen 1990

(15) Die Teilnehmerstaaten werden durch entsprechendes Vorgehen die Überstellung verurteil- ter Personen erleichtern und ermutigen diejenigen Teilnehmerstaaten, die dem am 21. November 1983 in Straßburg unterzeichneten Übereinkommen über die Überstellung verurteilter Personen noch nicht beigetreten sind, dies zu tun.

Moskau 1991 4

(vi) jeder Festgenommene oder Inhaftierte das Recht hat, geeignete Personen seiner Wahl von seiner Festnahme, Inhaftierung, Haft und von seinem Aufenthaltsort ohne ungebührliche Ver- zögerung zu verständigen oder die zuständige Behörde zu ersuchen, eine solche Verständigung vorzunehmen; jegliche Beschränkung bei der Ausübung dieses Rechts ist durch das Gesetz und in Übereinstimmung mit internationalen Normen festzulegen; (vii) wirksame Maßnahmen ergriffen werden, sofern dies noch nicht geschehen ist, um zu ver- hindern, daß Vollzugsorgane die Lage von Festgenommenen oder Inhaftierten zur Erzwingung von Geständnissen oder sonstigen Selbstbeschuldigungen oder von Aussagen gegen andere Per- sonen ausnutzen;

245 4.9 Personen in Haft oder im Gefängnis

(viii) die Dauer jedes Verhörs und die dazwischenliegenden Zeitabstände entsprechend der je- weiligen innerstaatlichen Rechtsordnung in beglaubigter Form festgehalten werden; (ix) ein Festgenommener oder sein Rechtsbeistand das Recht haben, bei den für die Verwaltung des Aufenthaltsortes des Inhaftierten zuständigen Behörden und bei übergeordneten Behörden – erforderlichenfalls bei Beschwerde- und Rechtsmittelinstanzen – Ersuchen oder Beschwerden hinsichtlich seiner Behandlung vorzubringen, insbesondere im Falle von Folter oder anderer grausamer, unmenschlicher oder erniedrigender Behandlung; (x) ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfer- tigte Verzögerung beantwortet wird. Wenn das Ersuchen oder die Beschwerde zurückgewiesen oder unbegründet verzögert wird, ist der Beschwerdeführer berechtigt, sein Anliegen bei einer gerichtlichen oder anderen Instanz vorzubringen; weder dem Festgenommenen oder Inhaftierten noch irgendeinem Beschwerdeführer dürfen aufgrund eines Ersuchens oder einer Beschwerde Nachteile erwachsen; (…)

(23.2) Die Teilnehmerstaaten werden (i) bestrebt sein, erforderlichenfalls Maßnahmen zu ergreifen, um die Lage der Festgenomme- nen und Inhaftierten zu verbessern; (ii) Alternativen zum Freiheitsentzug besondere Aufmerksamkeit schenken.

Brüssels 2006 (Erklärung von Brüssel zu Systemen der Strafrechtspflege)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

4. Legt den Teilnehmerstaaten nahe, (…) ihre Bemühungen um Weitergabe von Informationen und nachahmenswerten Praktiken fortzusetzen und zu verstärken und die Rechtsstaatlichkeit un- ter anderem in folgenden Bereichen zu stärken:

4. (…) Anspruch auf rechtlichen Beistand und Achtung der Menschenrechte von Inhaftierten; (…)

246 4.9 Personen in Haft oder im Gefängnis

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

Die Tatsache zur Kenntnis nehmend, dass die Radikalisierung zum Terrorismus und die Anwer- bung durch Terroristen in Gefängnissen stattfinden können, und deshalb die Wichtigkeit beto- nend, gegebenenfalls internationale Leitlinien für die Wiedereingliederung und Rehabilitation bzw. für die Verhütung der Radikalisierung zum Terrorismus in Gefängnissen auszuarbeiten und untereinander auszutauschen, (…)

Tirana 2020, (Beschluss Nr. 7/20 über Verhütung und Beseitigung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe) (…)

Bekräftigend, dass alle Personen, denen die Freiheit entzogen ist, menschlich und unter Achtung vor der dem Menschen innewohnenden Würde behandelt werden, und in Anerkennung der Wich- tigkeit der laufenden Ergreifung geeigneter Maßnahmen zur Verbesserung der Haftbedingungen durch die Teilnehmerstaaten, um die Menschenrechte und die Würde dieser Personen besser zu achten, unter anderem indem sie die Umsetzung der Mindestgrundsätze der Vereinten Nationen für die Behandlung der Gefangenen (Nelson- Mandela-Regeln) oder ähnlicher Standards in Er- wägung ziehen, (…) 4 Fordert die Teilnehmerstaaten auf: (…)

6. wirksame Rechts- und Verfahrensgarantien in allen Phasen der Haft, darunter in frühen Pha- sen des Polizeigewahrsams, umzusetzen;

247 4.9 Personen in Haft oder im Gefängnis

9. sicherzustellen, dass verhaftete oder inhaftierte Personen oder ihr Rechtsbeistand das Recht ha- ben, bei den einschlägigen Behörden ein Ersuchen oder eine Beschwerde in Bezug auf die Behand- lung der verhafteten oder inhaftierten Person vorzubringen, insbesondere dann, wenn Folter oder andere grausame, unmenschliche oder erniedrigender Behandlung oder Strafe angewendet worden sein könnten, dass ein solches Ersuchen oder eine solche Beschwerde rasch behandelt und ohne ungerechtfertigte Verzögerung beantwortet wird und dass weder die verhaftete oder inhaftierte Person noch die Beschwerdeführer oder Zeugen Benachteiligungen oder Vergeltungsmaßnahmen wegen ihres Ersuchens, ihrer Beschwerde oder ihrer Beweisaussage ausgesetzt sind; (…)

248 5. Verpflichtungen in Bezug auf Gleichheit, Toleranz und Nichtdiskriminierung 5.1 Bestimmungen zu Gleichheit und Nichtdiskriminierung

5.1 Bestimmungen zu Gleichheit und Nichtdiskriminierung

Helsinki 1975 (Fragen der Sicherheit in Europa: 1.(a) Erklärung über die Prinzipien, die die Beziehungen der Teilnehmerstaaten leiten, Prinzip VII)

Die Teilnehmerstaaten werden die Menschenrechte und Grundfreiheiten (…) für alle ohne Unter- schied der Rasse, des Geschlechts, der Sprache oder der Religion achten.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(13.7) jeder in ihrem Gebiet befindlichen und ihrer Jurisdiktion unterstehenden Person Menschen- rechte und Grundfreiheiten ohne Unterschied wie insbesondere der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion, der politischen oder sonstigen Anschauung, der nationa- len oder sozialen Herkunft, des Vermögens, der Geburt oder des sonstigen Status gewährleisten; (13.8) sicherstellen, daß keine Person, die diese Rechte und Freiheiten für sich in Anspruch nimmt bzw. die Absicht äußert oder versucht, dies zu tun, oder ein Mitglied ihrer Familie als Folge davon in irgendeiner Weise benachteiligt wird;

Kopenhagen 1990

(25.3) Maßnahmen, die Verpflichtungen außer Kraft setzen, auf den Umfang zu beschränken sind, den die Lage unbedingt erfordert; (25.4) solche Maßnahmen eine Diskriminierung allein aufgrund der Rasse, der Hautfarbe, des Ge- schlechts, der Sprache, der Religion, der sozialen Herkunft oder der Zugehörigkeit zu einer Min- derheit ausschließen werden. (…)

(31) Angehörige nationaler Minderheiten haben das Recht, ihre Menschenrechte und Grundfrei- heiten ohne jegliche Diskriminierung und in voller Gleichheit vor dem Gesetz voll und wirksam auszuüben.

250 5.2 Gleichberechtigung von Mann und Frau

5.2 Gleichberechtigung von Mann und Frau

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

[Die Teilnehmerstaaten] unterstreichen die Bedeutung der Gewährleistung der Gleichberechtigung von Mann und Frau; dementsprechend kommen sie überein, alle erforderlichen Maßnahmen zu ergreifen, um eine gleichermaßen effektive Teilnahme von Männern und Frauen im politischen, wirtschaftlichen, sozialen und kulturellen Leben zu fördern.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(15) Die Teilnehmerstaaten bekräftigen ihre Entschlossenheit, die Gleichberechtigung von Mann und Frau zu gewährleisten. Sie werden daher alle erforderlichen – auch gesetzgeberische – Maß- nahmen ergreifen, um eine gleichermaßen effektive Teilnahme von Männern und Frauen am po- litischen, wirtschaftlichen, sozialen und kulturellen Leben zu fördern. Sie werden die Möglichkeit eines Beitritts zum Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau in Erwägung ziehen, sofern dies noch nicht geschehen ist.

Moskau 1991

(40) Die Teilnehmerstaaten anerkennen, daß eine volle und echte Gleichstellung von Mann und Frau ein grundlegender Aspekt einer gerechten und demokratischen, auf Rechtsstaatlichkeit be- ruhenden Gesellschaft ist. Sie anerkennen, daß die volle Entfaltung einer Gesellschaft und das Wohlergehen aller ihrer Mitglieder Chancengleichheit im Hinblick auf eine volle Teilnahme von Mann und Frau erfordern. In diesem Zusammenhang werden sie (40.1) gewährleisten, daß alle KSZE-Verpflichtungen bezüglich des Schutzes und der Förderung der Menschenrechte und Grundfreiheiten in vollem Umfang und ohne Diskriminierung aufgrund des Geschlechts angewandt werden; (40.2) das Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) in vollem Umfang einhalten, falls sie diesem bereits beigetreten sind, und, sofern dies noch nicht geschehen ist, die Ratifizierung bzw. den Beitritt zu diesem Übereinkommen in Erwägung zie- hen; Staaten, die bei der Ratifizierung oder beim Beitritt zu diesem Übereinkommen Vorbehalte angebracht haben, werden deren Rücknahme in Erwägung ziehen; (40.3) die von ihnen in internationalen Dokumenten eingegangenen Verpflichtungen wirksam um- setzen und geeignete Maßnahmen zur Verwirklichung der von den Vereinten Nationen in Nairobi verabschiedeten Zukunftsstrategien für die Förderung der Frau (FLS) treffen; (40.4) an ihrem Ziel festhalten, die Chancengleichheit von Mann und Frau nicht nur de iure son- dern auch de facto zu erzielen und diesbezügliche wirksame Maßnahmen zu fördern; 5 (40.5) wenn angebracht, innerstaatliche Instrumente zur Förderung der Frauen schaffen bzw. stär- ken, um zu gewährleisten, daß Programme und politische Maßnahmen im Hinblick auf ihre Aus- wirkungen auf Frauen beurteilt werden; (40.6) zu Maßnahmen zur vollen wirtschaftlichen Gleichstellung der Frauen ermutigen, einschließ- lich einer unterschiedslosen Beschäftigungspolitik und -praxis, gleichen Zugangs zu Erziehung und Ausbildung, sowie zu Maß-nahmen, die weiblichen und männlichen Arbeitnehmern die Verbin- dung von Beruf und familiären Verpflichtungen erleichtern; sie werden bestrebt sein zu gewähr- leisten, daß sich alle auf einen Strukturwandel abzielenden politischen Konzepte oder Programme nicht zum Nachteil von Frauen auswirken;

251 5.2 Gleichberechtigung von Mann und Frau

(40.7) bestrebt sein, alle Formen von Gewalt gegen Frauen sowie alle Formen von Frauenhandel und Ausbeutung weiblicher Prostitution zu unterbinden, einschließlich durch Gewährleistung angemessener gesetzlicher Verbote solcher Handlungen sowie anderer geeigneter Maßnahmen; (40.8) zu Chancengleichheit aufrufen und diese fördern, damit sich Frauen in vollem Umfang an allen Bereichen des politischen und öffentlichen Lebens sowie an Entscheidungsprozessen und der internationalen Zusammenarbeit im allgemeinen beteiligen können; (40.9) die bedeutsame Rolle von Frauen und Frauenorganisationen auf nationaler und interna- tionaler Ebene bei der Förderung und Verbesserung der Rechte der Frau anerkennen, indem sie unter anderem Frauen ihre Mithilfe und Unterstützung zusichern und zu einem sinnvollen Mit- einander von Regierungen und diesen Organisationen ermutigen, um Fortschritte bei der Gleich- stellung der Frauen zu erreichen; (40.10) den großen Beitrag von Frauen in allen Bereichen des politischen, kulturellen, sozialen und wirtschaftlichen Lebens anerkennen und ein breites Verständnis für diese Beiträge – einschließ- lich derjenigen in informellen und unentlohnten Bereichen – fördern; (40.11) Maßnahmen treffen, um dazu zu ermutigen, daß Informationen über Frauen und über im Völkerrecht und in der innerstaatlichen Gesetzgebung verankerte Rechte der Frauen ohne wei- teres zugänglich sind; (40.12) eine mit ihrem Verfassungssystem in Einklang stehende Bildungspolitik entwickeln, um die Beteiligung von Frauen in allen Bereichen der Ausbildung und Arbeit, einschließlich in nicht- traditionellen Bereichen, zu unterstützen und um zu einem größeren Verständnis für Fragen der Gleichberechtigung von Mann und Frau zu ermutigen und beizutragen; (40.13) für die Zusammenstellung und Auswertung von Daten sorgen, um die Lage der Frauen angemessen zu beurteilen, zu prüfen und zu verbessern; diese Daten sollten keine personenbezo- genen Angaben enthalten.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

23. Frauen müssen ihre Menschenrechte in vollem Umfang und gleichberechtigt ausüben können, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE-Gebiet entsteht. Wir sind entschlossen, die Gleichstellung von Männern und Frauen zum Bestandteil unserer Politik zu ma- chen, sowohl in unseren Staaten als auch innerhalb der Organisation. (…)

24. Wir werden Maßnahmen ergreifen, um jede Form der Diskriminierung von Frauen zu besei- tigen und der Gewalt gegen Frauen und Kinder, der sexuellen Ausbeutung und jeder Form des Menschenhandels ein Ende zu setzen (…)

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

2. beschließt, die laufenden Bemühungen um verstärkte Mitsprache der Frauen und eine wichti- gere Rolle der Frauen bei der Förderung der Demokratisierung und wirtschaftlichen Entwicklung zu intensivieren und gegebenenfalls die Übernahme der Bestimmungen des OSZE-Aktionsplans zu Fragen der Gleichberechtigung von Mann und Frau in die nationale Politik in Erwägung zu ziehen; Beschließt ferner, seine Bemühungen um die Verwirklichung einer ausgewogenen Ver- tretung der Geschlechter auf allen Ebenen der OSZE zu verstärken und diesbezüglich auch den

252 5.2 Gleichberechtigung von Mann und Frau

Grundsatz voll zu berücksichtigen, dass Bedienstete nach dem Gesichtspunkt der Fairness aus al- len Teilnehmerstaaten einzustellen sind (…)

Sofia 2004 (Beschluss Nr. 14/04 OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern)

Der Ministerrat, (…)

in Anerkennung der Tatsache, dass gleiche Rechte für Frauen und Männer und der Schutz ihrer Menschenrechte für Frieden, dauerhafte Demokratie, wirtschaftliche Entwicklung und damit für Sicherheit und Stabilität in der OSZE-Region unabdingbar sind, (…)

Eingedenk der Notwendigkeit, dass in den unter der Schirmherrschaft der OSZE durchgeführten Aktivitäten eine Geschlechterperspektive angemessen berücksichtigt wird und die Teilnehmerstaa- ten alle erforderlichen Maßnahmen treffen, um die verstärkte Sensibilisierung für die Geschlechter- problematik zu unterstützen und gleiche Rechte und die vollständige und gleichberechtigte Teilhabe von Frauen und Männern in der Gesellschaft zu fördern, mit dem Ziel, die praktische Anwendung der Gleichstellung der Geschlechter und der durchgängigen Berücksichtigung des Gleichstellungs- aspekts im OSZE-Gebiet zu fördern, was wesentlich für die umfassende Sicherheit ist, (…)

beschließt, den Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern, der vom Ständigen Rat mit seinem Beschluss Nr. 638 vom 2. Dezember 2004 angenommen wurde und diesem Beschluss beigefügt ist, zu billigen.

Sofia 2004 (Anhang zu Beschluss Nr. 14/04: OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern) (…)

3. Eine wirksame durchgängige Berücksichtigung des Gleichstellungsaspekts* mit dem Ziel der Gleichstellung von Frauen und Männern ist wichtig, wenn das Humankapital im OSZE-Raum ausgeschöpft werden soll. Die Gleichstellung von Frauen und Männern trägt zur umfassenden Si- cherheit bei, die ein Ziel der OSZE-Aktivitäten in allen drei Dimensionen ist. Die durchgängige Berücksichtigung des Gleichstellungsaspekts ist ein Weg, um zur Verwirklichung dieses Ziels bei- zutragen. Die Geschlechterperspektive sollte daher in den Aktivitäten, Vorhaben und Program- men der Organisation berücksichtigt werden, damit die Organisation sowohl bei ihren eigenen Einsätzen als auch in den Teilnehmerstaaten die Gleichstellung der Geschlechter erreicht. Die Teilnehmerstaaten, der Amtierende Vorsitzende, der Generalsekretär und die Leitungen der Ins- titutionen und Missionen sind gemeinsam für die Förderung der Gleichstellung von Frauen und 5

* „Die durchgängige Integration einer Gleichstellungsperspektive ist der Prozess der Beurteilung aller geplanten Maßnahmen, einschließlich solcher rechtlicher Natur, Politiken und Programme in allen Bereichen und auf al- len Ebenen im Hinblick auf ihre Auswirkungen auf Frauen und Männer. Sie ist eine Strategie, um die Anliegen und Erfahrungen von Frauen und Männern zu einem festen Bestandteil der Ausarbeitung, Umsetzung, Beglei- tung und Bewertung von Politiken und Programmen in allen politischen, wirtschaftlichen und sozialen Berei- chen zu machen, damit Frauen und Männer daraus gleichermaßen Nutzen ziehen und Ungleichheiten nicht fortgeschrieben werden. Letztes Ziel ist die Verwirklichung der Gleichstellung von Frauen und Männern.“ Siehe Offizielles Protokoll der Generalversammlung Zweiundfünfzigste Tagung, Beilage 3 (A/52/3/Rev.1), Kapitel IV Ziffer 4.

253 5.2 Gleichberechtigung von Mann und Frau

Männern als fester Bestandteil der OSZE-Politik und -Praxis verantwortlich. Bei diesem Bemü- hen ist zu bedenken, dass – wenn die Gleichstellung der Geschlechter in allen Bereichen und auf allen Ebenen der Gesellschaft Wirklichkeit wird – sowohl Frauen als auch Männer Nutznießer dieser Veränderung sein werden. (…)

8. Die durchgängige Berücksichtigung des Gleichstellungsaspekts erfordert eine konsequente und systematische Einbeziehung der Geschlechterperspektive (…) auf der Grundlage eines dimensio- nenübergreifenden Ansatzes und auch geeignete Begleit- und Überprüfungsmechanismen (…)

IV. Förderung der Gleichstellung von Frauen und Männern in den Teilnehmerstaaten

41. Die Teilnehmerstaaten tragen einzeln und gemeinsam die Hauptverantwortung für die Um- setzung ihrer Verpflichtungen in Bezug auf gleiche Rechte und gleiche Chancen für Frauen und Männer und sind ihren Bürgerinnen gegenüber diesbezüglich rechenschaftspflichtig. Sie haben sich dazu verpflichtet, die Gleichstellung von Frauen und Männern zu einem festen Bestandteil ihrer Politik sowohl auf einzelstaatlicher als auch auf Organisationsebene zu machen. Sie werden dafür sorgen, dass die entsprechenden OSZE-Gremien genützt werden, um die Umsetzung von OSZE-Verpflichtungen betreffend die Gleichstellung von Frauen und Männern zu überprüfen.

42. Daher wird den Teilnehmerstaaten empfohlen: • dafür Sorge zu tragen, dass die Organisation eine Politik entwickelt, die die Gleichstellung von Frauen und Männern wirksam fördert, und dass bei neuen Vorschlägen und Initiativen die Ge- schlechterperspektive berücksichtigt wird; • Mechanismen zur Gewährleistung der Gleichstellung von Frauen und Männern zu schaffen bzw. bestehende Mechanismen zu stärken, unter anderem durch Bereitstellung der Dienste ei- ner unparteiischen und unabhängigen Person oder Einrichtung, wie Volksanwaltschaft/Men- schenrechtsbeauftragte(r), die sich mit der geschlechtsspezifischen Diskriminierung einzelner Bürgerinnen befasst; • die internationalen Normen und Verpflichtungen in Bezug auf die Gleichstellung und Nichtdis- kriminierung von Frauen und die Rechte von Frauen und Mädchen, die sie übernommen ha- ben, einzuhalten und vollständig umzusetzen; • das Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) ein- zuhalten, sofern sie Vertragsparteien sind, oder andernfalls die Ratifikation bzw. den Beitritt zu diesem Übereinkommen zu erwägen. Staaten, die das Übereinkommen mit Vorbehalten ra- tifiziert haben oder ihm mit Vorbehalten beigetreten sind, werden die Rücknahme dieser Vor- behalte erwägen. Die CEDAW- Vertragsstaaten werden auch aufgefordert, die Ratifikation des Fakultativprotokolls zum Übereinkommen zur Beseitigung jeder Form von Diskriminierung der Frau zu erwägen; • regelmäßig und zeitgerecht den jeweiligen Gremien Bericht zu erstatten, sofern sie Vertragspar- teien des Übereinkommens zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW), des Internationalen Paktes über zivile und politische Rechte (ICCPR) und/oder des Internatio- nalen Paktes über wirtschaftliche, soziale und kulturelle Rechte (ICESCR) sind, und Frauenor- ganisationen in die Erstellung ihrer Berichte einzubinden; • Wenn notwendig, weitere Maßnahmen zu ergreifen, um ein sicheres Umfeld für ihre Bürgerin- nen und das Recht auf gleichen rechtlichen Schutz zu gewährleisten (…) (…)

254 5.2 Gleichberechtigung von Mann und Frau

• die Erfahrung der OSZE bei der Entwicklung dimensionenübergreifender politischer Konzepte und Strategien zur Gleichstellung von Frau und Mann zu nützen und im Anschluss an diese Politik unter anderem geschlechtsbezogene Analyse- und Begleitmechanismen zur Beurteilung der Auswirkung gleichstellungsbezogener Konzepte und Strategien anzuwenden, damit Hemm- nisse für die vollständige Umsetzung festgestellt und abgebaut werden können.

Laibach 2005 (Beschluss Nr. 14/05 über Frauen in der Konfliktverhütung, der Krisenbewältigung und der Konfliktnachsorge)

Der Ministerrat, (…)

in der Erkenntnis, dass das Wissen, die Fähigkeiten und die Erfahrungen von Frauen wie Män- nern unverzichtbar für den Frieden, eine bestandfähige Demokratie, die wirtschaftliche Entwick- lung und damit für Sicherheit und Stabilität in der OSZE-Region sind,

ferner in Anerkennung der Tatsache, dass die Resolution 1325 (2000) des Sicherheitsrats der Ver- einten Nationen über Frauen, Frieden und Sicherheit die Gleichstellung von Frauen und Männern mit der Sicherheit verknüpft und die Rolle der Frau in Fragen des Friedens und der Sicherheit auf allen Ebenen in den Mittelpunkt stellt, (…)

betonend, wie wichtig es ist, dass Frauen gleichberechtigt und in vollem Umfang an allen Phasen der Verhütung und Beilegung von Konflikten und bei der Friedenskonsolidierung teilnehmen,

Im Bewusstsein der Notwendigkeit konkreter Maßnahmen seitens der OSZE, damit Frauen in die Konfliktverhütung, die Krisenbewältigung und die Konfliktnachsorge in allen ihren Aktivitäten unter anderem durch folgende Maßnahmen eingebunden werden:

1. Sicherstellung einer proaktiven Umsetzung des durch Beschluss Nr. 638 des Ständigen Rates vom 2. Dezember 2004 verabschiedeten OSZE-Aktionsplans 2004 zur Förderung der Gleichstel- lung von Frauen und Männern in der gesamten Organisation,

2. gegebenenfalls Übernahme der maßgeblichen Abschnitte von Resolution 1325 (2000) des VN- Sicherheitsrats über die Rolle der Frau auf allen Ebenen der Konfliktverhütung, Krisenbewältigung und -beilegung sowie der Konfliktnachsorge in die Aktivitäten der OSZE,

3. Ermutigung der Teilnehmerstaaten, einzelstaatliche Listen in Frage kommender Kandidatinnen (wie dies im OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern in Absatz 22 gefordert wird) anzulegen und aktive Maßnahmen zu ergreifen, um sicherzustellen, dass Frauen über Stellen im Bereich von Konfliktverhütungs- und Konfliktnachsorgeprozessen umfassend informiert und zu einer Bewerbung um diese Stellen ermutigt werden, insbesondere 5 für die leitende Führungsebene,

4. Aufforderung an die Teilnehmerstaaten, mehr Frauen als Leiterinnen für Institutionen und Mis- sionen und für andere leitende Positionen in der OSZE zu nominieren,

5. aktive Förderung der Einstellung von Frauen in OSZE-Feldpräsenzen, insbesondere für Füh- rungspositionen, mit dem Ziel, mehr Feldpräsenzen mit Frauen als Leiterinnen zu besetzen,

6. Aufforderung an die Teilnehmerstaaten und OSZE-Strukturen, gegebenenfalls Aus- und Fort- bildungsprogramme speziell für Frauen und Mädchen zu unterstützen und zu fördern, ebenso wie

255 5.2 Gleichberechtigung von Mann und Frau

Projekte, die Frauen in den Aufbau eines dauerhaften Friedens einbinden; Frauenorganisationen zu stärken; Friedensinitiativen von Frauen über die Medien und mittels Seminaren für Menschen- rechte und Gleichstellung der Geschlechter zu unterstützen und Frauen dafür zu sensibilisieren, wie wichtig ihr Engagement in politischen Prozessen ist,

7. Aufforderung an die Teilnehmerstaaten und OSZE-Strukturen, gegebenenfalls eine eigene Po- litik zu entwickeln, die Frauen und Frauenorganisationen dazu ermutigen soll, in vollem Umfang und gleichberechtigt an der Verhütung, Beilegung und Nachsorge von Konflikten mitzuwirken, zum Austausch von Erfahrungen und bewährten Praktiken zu ermutigen und diesen zu unter- stützen und sich auch für Friedensinitiativen von Frauen einzusetzen,

8. Aufforderung an die Teilnehmerstaaten, bei der Umsetzung der staatlichen Flüchtlingsschutz- politik und dauerhafter Lösungen, darunter freiwillige Rückkehr, Neuansiedlung, Wiedereinglie- derung, (Re)integration oder Rückführung von Flüchtlingen und Binnenvertriebenen in Sicherheit und Würde,

9. Empfehlung an die Teilnehmerstaaten, ihre Bemühungen zur durchgängigen Berücksichtigung des Gleichstellungsaspekts bei Prozessen der Konfliktverhütung, -bewältigung und -nachsorge regelmäßig zu evaluieren und diese Evaluierungen zu veröffentlichen, um sie für gleichstellungs- orientierte Ausbildungszwecke und bei der Umsetzung der einschlägigen Verpflichtungen sowie zur verstärkten Sensibilisierung für deren Bedeutung heranzuziehen,

beschließt: • den Generalsekretär zu beauftragen, in seinem jährlichen Fortschrittsbericht über die Umset- zung von Beschluss Nr. 638 des Ständigen Rates betreffend den OSZEAktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern konkret auf die Umsetzung der für die OSZE-relevanten Abschnitte der Resolution 1325 (2000) des VN-Sicherheitsrats in der Orga- nisation einzugehen; • Das Sekretariat zu beauftragen, im Zusammenhang mit den Zielsetzungen des OSZEAktions- plans 2004 zur Förderung der Gleichstellung von Frauen und Männern in Zusammenarbeit mit den Teilnehmerstaaten weitere • Maßnahmen auszuarbeiten, um die Zahl der Frauen im OSZE-Sekretariat, den OSZE-Institu- tionen und -Feldeinsätzen, insbesondere auf der Führungsebene und in Entscheidungsfunkti- onen deutlich zu erhöhen; • die OSZE-Strukturen und -Institutionen zu beauftragen, einschlägige Projekte, Strategien und Initiativen auszuarbeiten bzw. anzupassen und weitere Aktivitäten durchzuführen, einschließ- lich eines Informationsaustauschs mit den Vereinten Nationen, um den in diesem Beschluss enthaltenen Verpflichtungen nachzukommen; • die Teilnehmerstaaten und Institutionen der OSZE aufzufordern, der Jährlichen Sicherheits- überprüfungskonferenz auch über die Fortschritte bei der Umsetzung der in diesem Beschluss enthaltenen Verpflichtungen zu berichten.

Athen 2009 (Beschluss Nr. 7/09 über Mitwirkung von Frauen am politischen und öffentlichen Leben)

Der Ministerrat, (…)

in Anbetracht der Tatsache, dass Frauen im OSZE-Raum in der Legislative, Exekutive samt Polizei- behörden und in der Judikative auf der Entscheidungsebene nach wie vor unterrepräsentiert sind,

256 5.2 Gleichberechtigung von Mann und Frau

besorgt darüber, dass die weit verbreitete Diskriminierung von Frauen weiterhin deren wirksame Mitwirkung am politischen und öffentlichen Leben auf allen Ebenen unterminiert, (…)

unter Hinweis auf Resolution 1325 (2000) des Sicherheitsrats der Vereinten Nationen, in der nach- drücklich die vollständige und gleichberechtigte Mitwirkung von Frauen in Entscheidungsfunk- tionen bei der Konfliktverhütung sowie dem Wiederaufbau nach Konflikten gefordert wird, und betonend, wie wichtig es ist, dass sie an allen Anstrengungen zur Wahrung und Förderung von Frieden und Sicherheit gleichberechtigt und in vollem Umfang teilhaben,

Kenntnis nehmend von Resolution 1889 (2009) des Sicherheitsrats der Vereinten Nationen, in der in- ternationale und regionale Organisationen nachdrücklich aufgefordert werden, weitere Maßnahmen zur Verbesserung der Mitwirkung von Frauen an allen Phasen von Friedensprozessen zu ergreifen,

feststellend, dass am 18. Dezember 2009 der 30. Jahrestag des Übereinkommens zur Beseitigung jeder Form von Diskriminierung der Frau (CEDAW) begangen wird, das der Diskriminierung der Frau im politischen und öffentlichen Leben ein Ende setzen soll, und feststellend, dass am 10. Dezember vor genau 10 Jahren das Fakultativprotokoll zum Übereinkommen zur Unterzeich- nung aufgelegt wurde,

in dem Bewusstsein, dass die Mitwirkung von Frauen am politischen und öffentlichen Leben auf zusätzliche Behinderungen stoßen kann, die über das Geschlechtsspezifische hinausgehen,

fordert die Teilnehmerstaaten auf:

4. zu erwägen, Maßnahmen zu ergreifen, die Chancengleichheit in den Sicherheitsdiensten, wo zutreffend auch in den Streitkräften, schaffen, damit die Einstellung, der Verbleib und die Beför- derung von Frauen und Männern in ausgewogener Weise erfolgen kann; 5 5. wo notwendig offene und partizipative Verfahren zu entwickeln und einzuführen, um die Mit- wirkung von Frauen und Männern in allen Phasen der Gesetzgebung, Programmerstellung und Politikgestaltung zu verstärken;

6. die Möglichkeiten zu schaffen, dass Frauen und Männer gleichberechtigt zur Friedenskonsoli- dierung beitragen;

257 5.2 Gleichberechtigung von Mann und Frau

Vilnius 2011 (Beschluss 10/11 Förderung gleicher Chancen für Frauen in der Wirtschaft). (…)

in der Erkenntnis, dass die Teilhabe von Frauen am Wirtschaftsleben entscheidend zur Erholung der Wirtschaft, zu nachhaltigem Wachstum und zur Entstehung von solidarischen Gesellschaften beiträgt und somit für die Sicherheit und Stabilität im OSZE-Raum unerlässlich ist,

mit Besorgnis feststellend, dass Frauen in der OSZE-Region nach wie vor mit einer Ungleichbe- handlung in Bezug auf den Zugang zum Arbeitsmarkt – bis hin zu nach Geschlecht getrennten Arbeitsmärkten – ausgesetzt sind, dass nach wie vor kein gleicher Zugang zu Sozialschutz sowie zu qualitativ hochwertigen Arbeitsplätzen und Vollzeitbeschäftigung gegeben ist und dass die Bemü- hungen zur Beseitigung der Einkommensunterschiede bei gleicher Arbeit, die zu einem reduzier- ten Lebenseinkommen und niedrigen Ruhegehältern für Frauen und schließlich zu zunehmender Frauenarmut führen, nur langsam vorankommen,

besorgt darüber, dass Frauen in Führungspositionen der Wirtschaft und in Entscheidungsprozes- sen im öffentlichen und privaten Sektor nach wie vor unterrepräsentiert sind,

Ferner besorgt über die anhaltenden Einschränkungen für eine tatsächliche Teilhabe der Frauen am Wirtschaftsleben, insbesondere in Hinblick auf wirtschaftliche und finanzielle Mittel wie Kre- dite, Eigentums- und Erbrechte und deren Kontrolle,

in Erkenntnis der Notwendigkeit einer verbesserten und systematischen Erfassung geschlechts- spezifisch aufgeschlüsselter Daten und der Durchführung von Studien über Chancengleichheit in der Wirtschaft als Grundlage für Planung und Handeln,

unter Hinweis auf die Notwendigkeit wirtschafts- und sozialpolitischer Strategien zur Bekämp- fung der tieferen Ursachen des Menschenhandels, insbesondere zur Beseitigung der Diskrimi- nierung von Frauen auf dem Arbeitsmarkt und zur Befassung mit den wirtschaftlichen Faktoren, die dafür verantwortlich sind, dass Frauen besonders leicht Opfer von Menschenhandel werden,

In der Erkenntnis, dass auch in Zukunft eine laufende Kontrolle der Umsetzung bestehender Ver- pflichtungen zur Beseitigung der Diskriminierung von Frauen und zur Förderung der Chancen- gleichheit für Frauen im Wirtschaftsleben notwendig ist – zur Ermittlung und zum Austausch bewährter Verfahren sowie zur Entwicklung wirksamer Ansätze, einschließlich in der Organisa- tion und ihren Durchführungsorganen, (…)

in der Erkenntnis, dass Frauen durch weitere Hindernisse, abgesehen von den geschlechtsspezifi- schen, an der Teilhabe am Wirtschaftsleben gehindert werden,

258 5.2 Gleichberechtigung von Mann und Frau

fordert die Teilnehmerstaaten auf:

1. Daten zur Ermittlung und Bewältigung von Hindernissen für Frauen, in der Wirtschaft ihr Potenzial auszuschöpfen, zu sammeln und zu analysieren und (…) Nichtregierungs- und For- schungsgremien bei der Ausarbeitung gezielter Untersuchungen, einschließlich von bewährten Praktiken, zu unterstützen;

2. die Zuteilung von Haushaltsmitteln für die Förderung der Gleichstellung der Geschlechter in der Wirtschaft zu beurteilen und konkrete Maßnahmen zu ergreifen, die Frauen gleiche Chancen für die wirtschaftliche Teilhabe und den Zugang zu Sozialschutz verschaffen sowie qualitativ hoch- wertige Arbeitsplätze, Vollzeitbeschäftigung und/oder selbständige Erwerbstätigkeit unterstützen;

3. Die Entwicklung von unternehmerischen und anderen berufsbezogenen Fähigkeiten von Frauen zu fördern und Genderaspekte – mit besonderem Augenmerk auf Frauen – in die Migrationspo- litik aufzunehmen, um unter anderem zu verhindern, dass sie Opfer bzw. mehrfach Opfer von Menschenhandel werden;

4. politische Strategien und gesetzgeberische Maßnahmen, einschließlich gegebenenfalls Maß- nahmen und Aktionen positiver Diskriminierung, die die Chancengleichheit von Frauen bei der Teilhabe am Arbeitsmarkt fördern und schützen, auch durch den Ausbau von Kinderbetreuungs- und Pflegeeinrichtungen, in die Wege zu leiten oder zu verstärken;

5. konkrete Maßnahmen zur Förderung der Chancengleichheit für Frauen in der Wirtschaft zu er- mitteln und gegebenenfalls wirksame einzelstaatliche Mechanismen zur begleitenden Kontrolle der Fortschritte in diesem Bereich, etwa beim Ausgleich von Einkommensunterschieden, zu schaffen;

6. die Aufteilung von Hausarbeit sowie der elterlichen und Betreuungspflichten durch Ausbau des Vaterschaftsurlaubs zu fördern; diskriminierungsfreie Beschäftigungspolitiken und -prakti- ken und einen gleichberechtigten Zugang zu Bildung sowie Fortbildung zu fördern; Maßnahmen zur leichteren Vereinbarung von beruflichen und familiären Verpflichtungen zu ergreifen; danach zu trachten, sicherzustellen, dass sich Strukturanpassungsstrategien und -programme nicht zum Nachteil der Frauen diskriminierend auswirken;

7. die Entwicklung des für die erfolgreiche Ausarbeitung und Umsetzung derartiger Politiken not- wendigen Umfelds durch gezielte Informations- und Sensibilisierungsaktivitäten über den Nutzen von Maßnahmen zur Förderung der Chancengleichheit von Frauen für die Teilnahme am Wirt- schaftsleben und zur Bekämpfung der sozialen Ausgrenzung und Diskriminierung von Frauen zu unterstützen;

8. Maßnahmen einzuführen und einen Dialog mit dem privaten Sektor aufzunehmen, um Chan- cengleichheit in Bezug auf die beruflichen Entwicklungsmöglichkeiten von Frauen zu schaffen und Einkommensunterschiede zu beseitigen; 5

9. Im Rahmen des Möglichen Maßnahmen zu entwickeln und zu verstärken, die zu einer größe- ren Diversifizierung in traditionsgemäß männer- oder frauendominierten Beschäftigungsbran- chen führen;

10. Ermutigt die Kooperationspartner, die Bestimmungen dieses Beschlusses auf freiwilliger Ba- sis umzusetzen.

259 5.2 Gleichberechtigung von Mann und Frau

Dublin 2012 (Erklärung über die Stärkung von guter Regierungsführung und die Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung)

Wir sind uns darüber im Klaren, dass ohne die vollständige und gleichberechtigte Mitwirkung von Frauen und Männern an politischen und wirtschaftlichen Prozessen und Institutionen, (...). Wir unterstreichen die Wichtigkeit, Frauen in die Lage zu versetzen, aktiv an der Gestaltung der Politik und Aktivitäten bezüglich guter Regierungsführung mitzuwirken und beizutragen, wovon Männer wie Frauen gleichermaßen profitieren.

Basel 2014 (Beschluss Nr. 7/14 über Verhütung und Bekämpfung von Gewalt gegen Frauen)

In Bekräftigung der Verpflichtung zur Achtung der Menschenrechte und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion, wie sie in der Schluss- akte von Helsinki 1975 verankert ist,

daran erinnernd, dass es Frauen möglich sein muss, ihre Menschenrechte in vollem Umfang und gleichberechtigt auszuüben, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE- Gebiet entsteht, und dass die OSZE-Teilnehmerstaaten entschlossen sind, die Gleichstellung von Männern und Frauen zum Bestandteil ihrer Politik zu machen, sowohl in ihren Staaten als auch innerhalb der OSZE-Durchführungsorgane, wie es in der Erklärung des OSZE-Gipfeltreffens von Istanbul 1999 heißt, (…)

zutiefst besorgt angesichts der unvermindert anhaltenden Gewalt gegen Frauen, einer der im OSZE- Raum am weitesten verbreiteten Menschenrechtsverletzungen, die sich als körperliche, sexuelle oder psychische Gewalt äußern kann, und erneut auf die dringende Notwendigkeit verweisend, entschlossenere Maßnahmen zur Verhütung und Bekämpfung von Gewalt gegen Frauen zu ergrei- fen, die unter anderem durch die fehlende Gleichstellung der Geschlechter sehr begünstigt wird, (…)

fordert die Teilnehmerstaaten auf, allen Frauen den Schutz und die volle Achtung der Menschen- rechte und Grundfreiheiten zu garantieren; (…)

Mailand 2018 (Beschluss Nr. 4/18 über Verhütung und Bekämpfung von Gewalt gegen Frauen)

Bekräftigend, dass die Förderung und der Schutz gleicher Rechte und Chancen für alle von ent- scheidender Bedeutung für die Demokratie und wirtschaftliche Entwicklung und damit für die Sicherheit, Stabilität und dauerhaften Frieden im OSZE-Raum sind,

entschlossen, dafür Sorge zu tragen, dass Frauen und Mädchen die Menschenrechte und Grund- freiheiten uneingeschränkt und gleichberechtigt genießen können, (…)

in der Erkenntnis, dass eine der tieferen Ursachen für Gewalt gegen Frauen und Mädchen die Un- gleichheit zwischen Frauen und Männern ist, und dass insbesondere Diskriminierung und wirt- schaftliche Ungleichheiten, etwa auch die fehlende wirtschaftliche Unabhängigkeit, das Risiko von Frauen, Gewalt zu erfahren, erhöhen können, (…)

260 5.2 Gleichberechtigung von Mann und Frau

3. Wo angebracht, Maßnahmen zu verabschieden, um die Erziehung zur Gleichberechtigung der Geschlechter, zu den Menschenrechten und zu gewaltfreiem Verhalten zu fördern und damit zur Verhütung jeder Form von Gewalt gegen Frauen und Mädchen beizutragen, die folgende Formen umfassen kann: schädliche Praktiken, sexuelle und häusliche Gewalt sowie sexuelle Belästigung; (…)

Mailand 2018 (Beschluss 5/18 über Entwicklung des Humankapitals im digitalen Zeitalter) (…)

4. legt den Teilnehmerstaaten nahe, in geeigneter Weise Bildung, berufliche Aus- und Weiterbil- dung zu fördern, insbesondere für Frauen und Mädchen und vor allem in den Bereichen Wissen- schaft, Technik, Technologie und Mathematik, als eine außerordentlich wichtige Maßnahme zur 5 Verringerung der digitalen Kluft und zur Stärkung der Rolle der Frau durch die Förderung von Chancen, unter anderem auch in der Wirtschaft; (…)

Tirana 2020 (Beschluss 6/20 über Verhütung und Bekämpfung der Korruption durch Digitalisie- rung und erhöhte Transparenz) (…)

261 5.3 Bekämpfung von durch Vorurteile, Intoleranz und Hass motivierte Handlungen

1. Fordert die Teilnehmerstaaten auf, die Korruption durch folgende Maßnahmen zu verhüten und zu bekämpfen: (…)

5.3 Bekämpfung von durch Vorurteile, Intoleranz und Hass motivierte Handlungen

5.3.1 Allgemeine Bestimmungen

Kopenhagen 1990

Sie erklären ihre feste Absicht, die Bemühungen zur Bekämpfung dieser Phänomene in all ihren Formen zu intensivieren und werden daher (…)

(40.2) – sich dazu verpflichten, geeignete und verhältnismäßige Maßnahmen für den Schutz von Personen oder Gruppen, die Androhungen oder Handlungen von Diskriminierung, Feindselig- keit oder Gewalt aufgrund ihrer rassischen, ethnischen, kulturellen, sprachlichen oder religiösen Identität ausgesetzt sein könnten, und zum Schutz von deren Eigentum zu ergreifen;

Paris 1990 (Charta von Paris für ein neues Europa) (…)

Wir sind entschlossen, alle Formen von Haß zwischen Rassen und Volksgruppen, Antisemitismus, Fremdenfeindlichkeit und Diskriminierung irgendeines Menschen sowie von Verfolgung aus re- ligiösen und ideologischen Gründen zu bekämpfen. (…)

Krakau 1991 (…)

Die Teilnehmerstaaten bringen ihre tiefempfundene Überzeugung zum Ausdruck, daß sie ge- meinsame, durch die Geschichte geprägte Wertvorstellungen teilen, die unter anderem auf der

262 5.3.1 Allgemeine Bestimmungen

Achtung der Person, der Gewissens-, Religions- oder Glaubensfreiheit, der freien Meinungsäuße- rung sowie der Anerkennung der Bedeutung geistiger und kultureller Werte, der Verpflichtung zu Rechtsstaatlichkeit, Toleranz und Offenheit für einen Dialog mit anderen Kulturen beruhen. (…)

Die Teilnehmerstaaten achten die unersetzliche Einzigartigkeit aller ihrer Kulturen und werden darum bemüht sein, weiterhin einen kulturellen Dialog untereinander und mit der übrigen Welt zu fördern. Sie betonen erneut ihre Überzeugung, daß die Achtung kultureller Vielfalt Verständ- nis und Toleranz unter einzelnen und Gruppen fördert. (…)

Helsinki 1992 (Gipfelerklärung)

12. (…) lehnen wir rassistische, ethnische und religiöse Diskriminierung jeder Art ab. Freiheit und Toleranz müssen gelehrt und praktiziert werden.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(30) bringen ihre Betroffenheit über jüngste eklatante Äußerungen von Intoleranz, Diskriminie- rung, aggressivem Nationalismus, Fremdenhaß, Antisemitismus und Rassismus zum Ausdruck und unterstreichen die wichtige Rolle von Toleranz, Verständnis und Zusammenarbeit bei der Er- richtung und Erhaltung stabiler demokratischer Gesellschaften;

Rom 1993 (Beschlüsse: X. Erklärung über aggressiven Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus)

2. Die Minister nahmen ferner zur Kenntnis, daß solche Phänomene zu Gewalt, Sezessionsbestre- bungen durch Gewaltanwendung und ethnischer Zwietracht, sowie – in den schlimmsten Fällen – zu den barbarischen Praktiken der Massendeportation, der ethnischen Säuberung und der Ge- waltanwendung gegen unschuldige Zivilpersonen führen können.

3. Aggressiver Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus führen zu ethnischen, politischen und sozialen Spannungen innerhalb von Staaten und zwischen 5 diesen. Sie untergraben zugleich die internationale Stabilität und die weltweiten Anstrengungen zur festen Verankerung der allgemeinen Menschenrechte.

4. Die Minister richteten ihre Aufmerksamkeit auf die Notwendigkeit dringender Maßnahmen zur Durchsetzung der strikten Einhaltung der Normen des humanitären Völkerrechts, einschließlich Anklage und Bestrafung von Personen, die sich Kriegsverbrechen und anderer Verbrechen gegen die Menschlichkeit schuldig gemacht haben.

5. Die Minister waren sich darin einig, daß die KSZE bei diesen Bemühungen eine wichtige Rolle spielen muß. Die in den KSZE-Verpflichtungen enthaltenen eindeutigen Verhaltensnormen

263 5.3.1 Allgemeine Bestimmungen

schließen die aktive Unterstützung gleicher Rechte für alle Menschen in Übereinstimmung mit dem Völkerrecht und des Schutzes nationaler Minderheiten ein.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension: Toleranz und Nichtdiskriminierung)

25. Die Teilnehmerstaaten verurteilen Äußerungen von Intoleranz, und insbesondere von aggres- sivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus und werden auf deren Ausmerzung abzielende wirksame Maßnahmen weiterhin fördern (…) Sie ver- urteilen alle Verbrechen, die im Zusammenhang mit der sogenannten „ethnischen Säuberung“ begangen werden, und werden weiterhin dem in Den Haag eingerichteten internationalen Kriegsver- brechertribunal für das ehemalige Jugoslawien ihre wirksame Unterstützung zuteil werden lassen.

26. Sie heben den Aktionsplan des Europarats über Rassismus, Fremdenfeindlichkeit, Antisemi- tismus und Intoleranz lobend hervor. Bei der Umsetzung der Erklärung des Rates in Rom werden die KSZE-Institutionen Möglichkeiten für eine gemeinsame Arbeit mit dem Europarat sowie mit den Vereinten Nationen und anderen internationalen Organisationen erkunden.

Lissabon 1996 (Gipfelerklärung)

9. (...) Unter den akuten Problemen in der menschlichen Dimension gefährden fortwährende Ver- letzungen der Menschenrechte, wie etwa (...) Erscheinungsformen von aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus nach wie vor die Stabilität in der OSZE-Region. Wir sind entschlossen, uns diesen Problemen auch in Zukunft zu stellen.

Istanbul 1999 (Europäische Sicherheitscharta: IV. Unsere gemeinsame Reaktion)

19. (…) Wir verpflichten uns, einer Bedrohung der Sicherheit etwa durch Verletzung der Menschen- rechte und Grundfreiheiten, einschließlich der Gedanken-, Gewissens-, Religions- und Überzeu- gungsfreiheit, und Äußerungen der Intoleranz, des aggressiven Nationalismus, des Rassismus, des Chauvinismus, der Fremdenfeindlichkeit und des Antisemitismus entschlossen entgegenzutreten. (…)

22. Wir lehnen jede Politik der ethnischen Säuberung oder der Massenvertreibung strikt ab. (…)

Bucharest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus und Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

264 5.3.1 Allgemeine Bestimmungen

Diskriminierung werden, für Frühwarnung sorgen und in geeigneter Weise reagieren und gleich- zeitig der Rechtsstaatlichkeit, den demokratischen Werten und der persönlichen Freiheit zu mehr Achtung verhelfen. Sie werden sich dafür einsetzen, dass Angehörige nationaler Minderheiten das Recht haben, ihre ethnische, kulturelle, sprachliche oder religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und zu entwickeln.

Porto 2002 (Beschluss Nr. 6 über Toleranz und Nichtdiskriminierung:

Der Ministerrat, (…)

Erneut darauf hinweisend, dass die Demokratie und der Schutz der Menschenrechte und Grund- freiheiten wesentliche Garanten für Toleranz und Nichtdiskriminierung sind und wichtige Fak- toren für die Stabilität, Sicherheit, Zusammenarbeit und friedliche Entwicklung in der gesamten OSZE-Region darstellen und dass Toleranz und Nichtdiskriminierung daher wichtige Elemente in der Förderung der Menschenrechte sind, (…)

in der Erkenntnis, dass die Förderung von Toleranz und Nichtdiskriminierung auch dazu beitra- gen kann, Verhetzung und aggressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeind- lichkeit, Antisemitismus und gewalttätigem Extremismus den Boden zu entziehen,

In Anerkennung der Verantwortung der Teilnehmerstaaten für die Förderung von Toleranz und Nichtdiskriminierung,

1.(a) verurteilt aufs Schärfste alle Äußerungen von aggressivem Nationalismus, Rassismus, Chau- vinismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus sowie Verhet- zung und Fälle von Diskriminierung aufgrund der Religion oder der Überzeugung; (…)

2. beschließt, mit Hilfe der OSZE-Institutionen und in Zusammenarbeit mit einschlägigen inter- nationalen Organisationen und der Zivilgesellschaft die Bemühungen um Aufrechterhaltung und Stärkung von Toleranz und Nichtdiskriminierung etwa durch Austausch von Informationen und bewährten Praktiken zu intensivieren; (…)

5. verurteilt insbesondere Diskriminierung aus religiösen Gründen und verpflichtet sich, sich da- für einzusetzen, dass Angriffe auf jegliche religiöse Gruppe, sei es auf Personen, Andachtsorte oder religiöse Objekte, verhindert werden und dass Schutz vor solchen Angriffen geboten wird;

6. verurteilt insbesondere die in letzter Zeit zu beobachtende Zunahme antisemitischer Zwischen- 5 fälle im OSZE-Gebiet, verbunden mit der Feststellung, dass das Vorhandensein von Antisemitis- mus in der Geschichte immer wieder eine große Gefahr für die Freiheit dargestellt hat;

7. verurteilt ferner die in letzter Zeit zu beobachtende Zunahme von Diskriminierung und Ge- walttaten gegen Muslime im OSZE-Gebiet und lehnt die Gleichsetzung von Terrorismus und Ex- tremismus mit einer bestimmten Religion oder Kultur schärfstens ab;

8. beschließt, in der Öffentlichkeit entschieden gegen Verhetzung und andere Äußerungen von ag- gressivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit, Antisemitismus und

265 5.3.1 Allgemeine Bestimmungen

gewalttätigem Extremismus sowie gegen Fälle von Diskriminierung aufgrund der Religion oder der Überzeugung aufzutreten;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert (…)

12. Durch Diskriminierung und Intoleranz motivierte Handlungen gefährden die Sicherheit des Einzelnen und können Konflikte und Gewalt in größerem Maßstab auslösen. Sie können ihre Ur- sache in ethnischen und religiösen Spannungen, aggressivem Nationalismus, Chauvinismus und Fremdenfeindlichkeit haben, aber auch in Rassismus, Antisemitismus und gewalttätigem Extre- mismus sowie in der Missachtung der Rechte von Angehörigen nationaler Minderheiten.

13. Die Mobilität von Migrantengruppen und das Entstehen von Gesellschaften, in denen viele Kulturen nebeneinander bestehen, in allen Teilen der OSZE-Region stellen wachsende Chancen wie auch Herausforderungen dar. die Stabilität kann auch gefährdet sein, wenn die gesellschaftli- che Integration versäumt wird und wenn nicht jedes einzelne Mitglied der Gesellschaft die Rechte aller achtet. (…)

Auseinandersetzung mit Bedrohungen durch Diskriminierung und Intoleranz

36. Diskriminierung und Intoleranz zählen zu den Faktoren, die sicherheits- und stabilitätsge- fährdende Konflikte auslösen können. Ausgehend von ihren Verpflichtungen in der menschli- chen Dimension ist die OSZE bemüht, in ihrer gesamten Region die Schaffung von Bedingungen zu fördern, unter denen alle unter dem Schutz wirksamer demokratischer Institutionen, ordentli- cher Gerichte und rechtsstaatlicher Grundsätze ihre Menschenrechte und Grundfreiheiten unein- geschränkt in Anspruch nehmen können. Dazu gehören ein sicheres Umfeld und Institutionen, in deren Rahmen sich ein friedlicher Diskurs entwickeln und jedes Mitglied der Gesellschaft ebenso wie jede Gruppe seine/ihre Interessen vertreten kann. Die Zivilgesellschaft spielt dabei eine wich- tige Rolle, und die OSZE wird weiterhin Organisationen der Zivilgesellschaft unterstützen und zu deren Stärkung beitragen. (…)

38. Die Teilnehmerstaaten und die OSZE-Organe und -Institutionen sehen es als ihre Pflicht an, verstärkt gegen Bedrohungen vorzugehen, die mit Diskriminierung und Intoleranz im Zusam- menhang stehen. Harmonische Beziehungen zwischen ethnischen, religiösen, sprachlichen und anderen Gruppen und die Rechte der Angehörigen nationaler Minderheiten sollen ebenso aktiv ge- fördert werden (…) Der Gewalt, der Intoleranz, dem Extremismus und der Diskriminierung dieser Gruppen, einschließlich Wanderarbeitnehmern, Asylsuchenden und anderen Immigranten, muss entgegengetreten werden, und die dafür Verantwortlichen müssen zur Rechenschaft gezogen wer- den. Gleichzeitig muss sichergestellt sein, dass die Angehörigen dieser Gruppen die Rechtsstaat- lichkeit, die demokratischen Werte und die Freiheiten des Einzelnen achten.

266 5.3.1 Allgemeine Bestimmungen

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

Unter Bekräftigung seiner Verpflichtung, Toleranz zu fördern und Diskriminierung zu bekämpfen, sowie seiner Besorgnis über alle Äußerungen von aggressivem Nationalismus, Rassismus, Chauvi- nismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigem Extremismus in allen Teilneh- merstaaten sowie über Diskriminierung, unter anderem aufgrund der Rasse, der Hautfarbe, des Geschlechts, der Sprache, der Religion oder Überzeugung, der politischen oder sonstigen Gesinnung, der nationalen oder sozialen Herkunft, des Besitzstandes, der Geburt oder sonstiger Umstände,

Mit der eindringlichen Aufforderung an die zuständigen Behörden in allen Teilnehmerstaaten, auch weiterhin durch Diskriminierung und Intoleranz motivierte Gewalttaten auf der geeigneten Ebene und in angemessener Weise öffentlich zu verurteilen,

Mit dem Ausdruck der Entschlossenheit, seine Bemühungen um die Förderung von Toleranz und Nichtdiskriminierung in allen Bereichen zu verstärken, (…)

8. Erkennt die Notwendigkeit an, gegen Hassdelikte vorzugehen, die durch rassistische, fremden- feindliche und antisemitische Propaganda im Internet ausgelöst werden können (…)

9. bekräftigt die Bedeutung der Gedanken-, Gewissens-, Religions- und Überzeugungsfreiheit und verurteilt jede Diskriminierung und Gewalt, auch gegen jegliche religiöse Gruppe oder einzelne Gläubige; Verpflichtet sich, die Freiheit des Individuums, sich allein oder in Gemeinschaft mit an- deren zu einer Religion oder einer Überzeugung zu bekennen und sie auszuüben, zu achten und zu erleichtern, bei Bedarf durch transparente und nichtdiskriminierende Gesetze, Verordnungen, Praktiken und politische Richtlinien; Ermutigt die Teilnehmerstaaten, die Hilfe des BDIMR und seines Expertenbeirats für Religions- und Glaubensfreiheit in Anspruch zu nehmen (…)

11. verpflichtet sich, die Diskriminierung von Wanderarbeitnehmern zu bekämpfen; verpflichtet sich ferner, die Integration von Wanderarbeitnehmern in die Gesellschaft, in der sie sich rechtmäßig aufhalten, zu erleichtern; fordert das BDIMR auf, seine diesbezüglichen Aktivitäten auszuweiten;

13. Berücksichtigt die VN-Leitsätze zur Binnenvertreibung als ein nützlicher Rahmen für die Ar- beit der OSZE und die Maßnahmen der Teilnehmerstaaten in Bezug auf Binnenvertreibung (…)

15. Beschließt, dass die OSZE zur Förderung von Toleranz und Nichtdiskriminierung verstärkt 5 mit einschlägigen internationalen Organisationen wie den Vereinten Nationen, dem Europarat und der Europäischen Union sowie mit der Zivilgesellschaft und einschlägigen nichtstaatlichen Organisationen zusammenarbeiten wird (…)

Sofia 2004 (Erklärung des Ministerrats zum sechzigsten Jahrestag des Endes des zweiten Weltkriegs)

Aus der Geschichte wissen wir um die Gefahren von Intoleranz, Diskriminierung, Extremis- mus und Hass aus ethnischen, rassischen und religiösen Motiven. Wir sind entschlossen, diese

267 5.3.1 Allgemeine Bestimmungen

Bedrohungen zu bekämpfen, auch durch die OSZE, und weisen alle Versuche, sie zu rechtferti- gen, mit Nachdruck zurück.

Wir verurteilen aufs schärfste jegliche Leugnung des Holocausts. Wir verurteilen alle Formen der ethnischen Säuberung. Wir bekräftigen unser Bekenntnis zur Konvention der Vereinten Natio- nen über die Verhütung und Bestrafung des Völkermords vom 9. Dezember 1948. Wir appellieren an die Teilnehmerstaaten, alles nur Mögliche zu tun, um dafür zu sorgen, dass heute und in aller Zukunft jeder Versuch eines Völkermords verhindert wird. Wer sich solcher Verbrechen schuldig macht, sollte vor Gericht gestellt werden.

Sofia 2004 (Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

2. Billigt die Beschlüsse des Ständigen Rates über die Bekämpfung des Antisemitismus (PC. DEC/607), über Toleranz und den Kampf gegen Rassismus, Fremdenfeindlichkeit und Diskrimi- nierung (PC.DEC/621) und über die Förderung von Toleranz und Medienfreiheit im Internet (PC. DEC/633), die diesem Beschluss beigefügt sind;

3. Beschließt ferner, die Bemühungen zur Umsetzung dieser drei Beschlüsse, die Verpflichtungen unter anderem in den Bereichen Bildung, Medien, Gesetzgebung, Rechtsdurchsetzung, Migration und Religionsfreiheit enthalten, zu verstärken; (…)

5. Begrüßt die Absicht des Amtierenden Vorsitzenden, im Einklang mit Beschluss Nr. 8 des Mi- nisterratstreffens von Porto als Teil des allumfassenden Kampfes der OSZE gegen Diskriminie- rung und für mehr Toleranz drei persönliche Beauftragte zu bestellen (…)

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 607: Bekämpfung des Antisemitismus)

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen um Bekämpfung des Antisemitismus in der gesamten OSZE-Region, beschließt Folgendes,

1. Die Teilnehmerstaaten verpflichten sich: • Danach zu trachten, dass ihre Rechtsordnung für ein sicheres Umfeld sorgt, in dem alle Lebens- bereiche frei von antisemitischen Übergriffen und frei von antisemitischer Gewalt und Diskri- minierung sind; • gegen Hassdelikte vorzugehen, zu denen durch rassistische, fremdenfeindliche und antisemiti- sche Propaganda in den Medien und im Internet angestiftet werden kann; • Zu diesbezüglichen Bemühungen internationaler Organisationen und NROs zu ermutigen und diese zu unterstützen (…) (…) • mit der Parlamentarischen Versammlung der OSZE zusammenzuarbeiten, um Verfahren zur regelmäßigen Prüfung des Problems Antisemitismus zu ermitteln;

268 5.3.1 Allgemeine Bestimmungen

• zur Entwicklung eines Austauschs zwischen Experten auf informeller Ebene über bewährte Praktiken und Erfahrungen bei der Strafverfolgung und bei erzieherischen Maßnahmen in ge- eigneten Foren zu ermutigen; (…)

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,

Beschließt,

1. Die Teilnehmerstaaten verpflichten sich: (…) • Maßnahmen zur Bekämpfung diskriminierender Handlungen und von Gewalttaten gegen Mus- lime im OSZE-Raum zu ergreifen; • im Einklang mit ihren innerstaatlichen Rechtsvorschriften und internationalen Verpflichtun- gen Maßnahmen gegen Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Mi- granten und Wanderarbeitnehmern zu ergreifen; • zu erwägen, die Öffentlichkeit durch entsprechende Aktivitäten auf die Bereicherung aufmerk- sam zu machen, die Migranten und Wanderarbeitnehmern für die Gesellschaft darstellen; • Hassdelikte zu bekämpfen, die durch rassistische, fremdenfeindliche und antisemitische Pro- paganda in den Medien und im Internet ausgelöst werden können, und derartige Straftaten öf- fentlich zu verurteilen, wenn sie vorkommen; (…) • Zu diesbezüglichen Bemühungen internationaler Organisationen und NROs zu ermutigen und diese zu unterstützen (…) • Die Möglichkeit zu prüfen, innerhalb der Länder geeignete Stellen zur Förderung von Toleranz und zur Bekämpfung von Rassismus, Fremdenfeindlichkeit, Diskriminierung oder damit ver- bundener Intoleranz, einschließlich gegen Muslime, und von Antisemitismus einzurichten; (…) • mit der Parlamentarischen Versammlung der OSZE geeignete Vorgehensweisen im Hinblick auf eine periodische Überprüfung des Problemkreises Rassismus, Fremdenfeindlichkeit und Diskriminierung zu erarbeiten; 5 • zur Entwicklung eines Austauschs zwischen Experten auf informeller Ebene über bewährte Praktiken und Erfahrungen bei der Strafverfolgung und bei erzieherischen Maßnahmen in ge- eigneten Foren zu ermutigen; (…)

269 5.3.1 Allgemeine Bestimmungen

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

unter Hinweis darauf, dass die Förderung und Erleichterung des interkulturellen und interkon- fessionellen Dialogs und der Partnerschaft zwischen den Kulturen und Konfessionen auf sowohl nationaler als auch internationaler Ebene von größter Bedeutung ist, um Toleranz, gegenseitige Achtung und Verständnis füreinander zu fördern, (…)

3. lehnt die Gleichsetzung von Terrorismus und gewalttätigem Extremismus mit irgendeiner Re- ligion oder Überzeugung, Kultur, ethnischen Gruppe, Nationalität oder Rasse ab; (…)

4. beschließt, dass die OSZE weiterhin bewusstseinsbildend tätig sein und Maßnahmen gegen Vorurteil, Intoleranz und Diskriminierung entwickeln soll und dabei die Menschenrechte und Grundfreiheiten zu beachten hat, einschließlich der Gedanken-, Gewissens-, Religions- und Über- zeugungsfreiheit, für alle ohne Unterschied, etwa nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion oder Überzeugung, politischer oder sonstigen Anschauung, nationaler oder sozialer Her- kunft, Vermögen, Geburt oder sonstigem Stand; (…)

Brüssels 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

in der Erkenntnis, dass die Förderung einer Kultur der gegenseitigen Achtung, des Verständnisses füreinander und der Gleichberechtigung sowie das Streben nach gleichen Chancen im Hinblick auf eine wirksame Mitbestimmung in einer demokratischen Gesellschaft einen systematischen, umfassenden und langfristigen Ansatz erfordert,

In großer Sorge über den rassistischen, fremdenfeindlichen und diskriminierenden öffentlichen Diskurs, (…)

in Bekräftigung der Notwendigkeit, dass die Teilnehmerstaaten mit Entschlossenheit gegen alle Handlungen und Äußerungen des Hasses einschließlich Hassdelikten vorgehen müssen, in der Erkenntnis, dass die zu deren Bewältigung erforderlichen Bemühungen häufig einen gemeinsa- men Ansatz erfordern, zugleich aber auch in Anerkennung der Eigenständigkeit dieser Äußerun- gen und des historischen Hintergrunds aller ihrer Ausdrucksformen, (…)

in Kenntnis der wesentlichen Rolle, die der Zivilgesellschaft bei der Bekämpfung von Intoleranz und Diskriminierung und der Förderung der gegenseitigen Achtung und des Verständnisses für- einander zukommen kann,

bestürzt über den Zulauf, den gewaltbereite politische Parteien, Bewegungen und Gruppen erhalten,

270 5.3.1 Allgemeine Bestimmungen

in diesem Zusammenhang auch besorgt über die gewalttätigen Äußerungen von Extremismus in Verbindung mit Rassismus, Fremdenfeindlichkeit, Antisemitismus, aggressivem Nationalismus und Neonazismus,

unter Hinweis auf den Beitrag der OSZE zur Initiative der Vereinten Nationen „Allianz der Zivi- lisationen“ mit dem Ziel, zur Förderung der gegenseitigen Achtung und des Verständnisses fürei- nander den kollektiven politischen Willen zu schmieden und den Anstoß zu einvernehmlichem Handeln auf Ebene der Institutionen und der Zivilgesellschaft zu geben, sowie in Kenntnis des vom Generalsekretär der Vereinten Nationen am 13. November 2006 in Istanbul vorgelegten Berichts der hochrangigen Gruppe, dessen Ziel die Einrichtung von Partnerschaften zwischen internatio- nalen Organisationen unter der Schirmherrschaft der Vereinten Nationen ist, die sich gemeinsam den Zielen der „Allianz der Zivilisationen“ verschreiben, (…)

3. ermutigt die Teilnehmerstaaten dazu, den positiven Beitrag anzuerkennen, den alle Menschen zu einer harmonischen pluralistischen Gesellschaft leisten können, indem sie Politiken fördern, in deren Mittelpunkt Chancengleichheit, Rechte, der Zugang zur Justiz und zu öffentlichen Dienst- leistungen sowie die Begünstigung des Dialogs und einer wirksamen Mitbestimmung stehen; (…)

8. beklagt den rassistischen, fremdenfeindlichen und diskriminierenden öffentlichen Diskurs und betont, dass politische Vertreter bei der Förderung der gegenseitigen Achtung und des Verständnis füreinander ganz generell eine positive Rolle spielen und wesentlich auf den Abbau von Spannun- gen in der Gesellschaft Einfluss nehmen können, indem sie gegen durch Hass motivierte Hand- lungen und Vorfälle Stellung nehmen und die positiven Beiträge würdigen, die alle Menschen zu einer harmonischen pluralistischen Gesellschaft leisten können; (…)

12. Beschließt, dass sich die Teilnehmerstaaten aktiver für die Ermutigung zu zivilgesellschaft- lichen Aktivitäten in Form von wirksamen Partnerschaften und durch einen verstärkten Dialog und stärkere Zusammenarbeit zwischen Zivilgesellschaft und staatlichen Behörden im Bereich der Förderung der gegenseitigen Achtung und des Verständnisses füreinander, der Chancengleichheit und der Integration aller in eine Gesellschaft sowie der Bekämpfung von Intoleranz einschließ- lich durch, wo angebracht, die Schaffung lokaler, regionaler oder nationaler Konsultationsmecha- nismen, einsetzen sollten; (…)

16. erwartet mit Interesse die Maßnahmen der Vereinten Nationen im Anschluss an den Bericht der hochrangigen Planungsgruppe der Initiative „Allianz der Zivilisationen“ im Hinblick auf die Prüfung eines entsprechenden OSZE-Beitrags zu dessen Umsetzung. 5

Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

unterstreichend, dass für die Auseinandersetzung mit von Intoleranz und Diskriminierung ge- prägten Handlungen in erster Linie die Teilnehmerstaaten, und zwar auch ihre politischen Ver- treter, verantwortlich sind,

271 5.3.1 Allgemeine Bestimmungen

(…)

in der Erkenntnis, dass Äußerungen von Intoleranz und Diskriminierung die Bemühungen um den Schutz der Rechte des Einzelnen, einschließlich Migranten, Flüchtlingen und Angehörigen nationaler Minderheiten sowie Staatenlosen, zunichtemachen können, (…)

1. fordert von den politischen Vertretern, etwa auch den Parlamentariern, dass sie weiter Äuße- rungen von Rassismus, Fremdenfeindlichkeit, Antisemitismus, Diskriminierung und Intoleranz, sei es gegenüber Christen, Juden, Muslimen oder Gläubigen anderer Religionen, sowie gewalttä- tige Formen von Extremismus in Verbindung mit aggressivem Nationalismus und Neonazismus entschieden zurückweisen und verurteilen, wobei gleichzeitig die freie Meinungsäußerung ge- wahrt bleiben muss;

2. Unterstreicht die nach wie vor gegebene Notwendigkeit, dass die Teilnehmerstaaten (…) die Zu- sammenarbeit mit der Zivilgesellschaft verstärken; (…)

5. fordert die Teilnehmerstaaten dazu auf, ihre Bemühungen im Vorgehen gegen die Anstiftung zu Gewalt und zu Hassdelikten, etwa auch im Internet, im Rahmen ihres innerstaatlichen Rechts in Zusammenarbeit mit der Zivilgesellschaft zu verstärken und dabei das Recht auf freie Meinungs- äußerung zu achten, und unterstreicht gleichzeitig, dass die vom Internet gebotenen Möglichkei- ten zur Förderung der Demokratie-, Menschenrechts- und Toleranzerziehung voll ausgeschöpft werden sollten; (…)

7. appelliert an die Teilnehmerstaaten, Migranten, die sich rechtmäßig in Gastländern aufhalten, sowie Angehörige nationaler Minderheiten, Staatenlose und Flüchtlinge vor Rassismus, Fremden- feindlichkeit, Diskriminierung und durch Intoleranz motivierten Gewalttaten zu schützen und nationale Strategien und Programme für die Integration rechtmäßiger Migranten auszuarbeiten oder zu verstärken, wozu auch die aktive Mitwirkung Letzterer erforderlich ist; (…)

9. Sagt zu, für eine effiziente Weiterführung der bisher von den Teilnehmerstaaten und einschlä- gigen OSZE-Institutionen, insbesondere dem BDIMR durch sein Programm für Toleranz und Nichtdiskriminierung, im Rahmen ihrer Mandate geleisteten Arbeit zur Förderung von Toleranz und Nichtdiskriminierung zu sorgen, wobei nachdrücklich darauf hingewiesen wird, dass die be- stehenden OSZE-Verpflichtungen zur Vermeidung von Doppelarbeit unter Berücksichtigung der Erfahrung und des Fachwissens anderer einschlägiger internationaler und regionaler Organisatio nen in diesem Bereich umzusetzen sind (…);

10. ermutigt zur Schaffung innerstaatlicher Institutionen oder Fachgremien durch die Teilneh- merstaaten, die dies noch nicht getan haben, um gegen Intoleranz und Diskriminierung vorzu- gehen, sowie zur Entwicklung und Umsetzung nationaler Strategien und Aktionspläne in diesem Bereich auf der Grundlage bestehender Verpflichtungen und unter Nutzung des Know-hows und

272 5.3.1 Allgemeine Bestimmungen

der Unterstützung der einschlägigen OSZE-Institutionen und gegebenenfalls einschlägiger inter- nationaler Organisationen;

11. beschließt, Überlegungen über einen geeigneten Beitrag der OSZE zur Implementierungsphase der Empfehlungen der hochrangigen Gruppe der Allianz der Zivilisationen unter Berücksichti- gung des vom Hohen Beauftragten der Vereinten Nationen für die Allianz der Zivilisationen aus- gearbeiteten Implementierungsplans anzustellen, und empfiehlt, dass der OSZE-Generalsekretär in Absprache mit dem Amtierenden Vorsitzenden am bevorstehenden ersten Jährlichen Forum der Allianz in Madrid teilnimmt und den Teilnehmerstaaten über dessen Ergebnisse Bericht erstattet. (…)

Helsinki 2008 (Beschluss Nr. 8/08 über Beitrag der OSZE zur Umsetzungsphase der Initiative „Allianz der Zivilisationen“)

Der Ministerrat,

Im Bewusstsein der Notwendigkeit, das Verständnis füreinander und kooperative Beziehungen zwischen den Nationen über alle Kulturen und Zivilisationen hinweg zu fördern,

entschlossen, der Radikalisierung und dem gewalttätigen Extremismus, die zu Terrorismus füh- ren, entgegenzuwirken,

unter Betonung der Rolle der OSZE als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen,

unter Hervorhebung des ungebrochenen Interesses der OSZE an der unter der Schirmherrschaft der Vereinten Nationen begründeten Initiative „Allianz der Zivilisationen“ entsprechend den Mi- nisterratsbeschlüssen von Laibach, Brüssel und Madrid,

unter erneutem Hinweis auf unsere Verpflichtungen zur Bekämpfung von Intoleranz und Diskri- minierung und zur Förderung der gegenseitigen Achtung und des Verständnisses füreinander,

unter Hinweis auf den ersten Beitrag der OSZE zur Initiative „Allianz der Zivilisationen“, der dem Generalsekretär der Vereinten Nationen 2006 unterbreitet wurde,

Unter Berücksichtigung des vom Hohen Beauftragten der Vereinten Nationen für die Initiative „Allianz der Zivilisationen“ ausgearbeiteten Umsetzungsplans,

beschließt, im Rahmen der vorhandenen Ressourcen:

1. Den Generalsekretär der OSZE zu ermächtigen, die Entwicklung der „Allianz der Zivilisatio- 5 nen“ zu verfolgen und eine Zusammenarbeit im Rahmen der „Allianz der Zivilisationen“ in Bezug auf Projekte in Bereichen von gemeinsamem Interesse und beiderseitigem Nutzen, die die Umset- zung von OSZE-Verpflichtungen voranbringen, in Erwägung zu ziehen, und beauftragt ihn, den Teilnehmerstaaten Bericht zu erstatten; (…)

273 5.3.1 Allgemeine Bestimmungen

Athen 2009 (Beschluss Nr. 5/09 über Migrationssteuerung)

Der Ministerrat, (…)

1. Legt den Teilnehmerstaaten nahe, durch folgende Maßnahmen die Arbeit im Bereich der Mig- rationssteuerung fortzusetzen: (…) • indem sie die Menschenrechte von Migranten achten und die Bemühungen zur Bekämpfung von Diskriminierung, Intoleranz und Fremdenfeindlichkeit gegenüber Migranten und ihren Angehörigen verstärken; (…)

Athen 2009 (Beschluss Nr. 9/09 über die Bekämpfung von Hassverbrechen)

Der Ministerrat, (…)

besorgt angesichts von Hassverbrechen in der gesamten OSZE-Region und in Anerkennung der Notwendigkeit, zur wirksamen Bekämpfung dieser Verbrechen zusammenzuarbeiten, und in Kenntnis des von den Teilnehmerstaaten in Auftrag gegebenen BDIMR- Berichts „Hate Crimes in the OSCE Region – Incidents and Responses“, (…)

mit der Feststellung, dass Hassverbrechen durch Vorurteile motivierte strafbare Handlungen sind,

Kenntnis nehmend von der am 8. September 2006 von der Generalversammlung der Vereinten Na- tionen verabschiedeten Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terro- rismus, in der ein umfassender, globaler Ansatz zur Bekämpfung des Terrorismus skizziert wird, der nicht nur auf Erscheinungsformen des Terrorismus sondern auch auf die Bedingungen abzielt, die dessen Verbreitung begünstigen, und im Bewusstsein der Rolle, die Hassverbrechen, Diskrimi- nierung und Intoleranz als Nährboden für gewalttätigen Extremismus und Radikalisierung spie- len können, die ihrerseits zu Terrorismus führen, (…)

in dem Bewusstsein, dass der weltweite Wirtschaftsabschwung verstärkt zum Auftreten von Hass- verbrechen im OSZE-Raum führen kann,

Mit der Feststellung, dass Opfer von Hassverbrechen sowohl aus Minderheiten als auch aus der Mehrheitsbevölkerung kommen können, (…)

fordert die Teilnehmerstaaten auf: (…)

5. in Zusammenarbeit mit einschlägigen Akteuren Möglichkeiten zu sondieren, wie Opfer von Hassverbrechen Zugang zu psychologischer Betreuung, zu juristischer und konsularischer Unter- stützung sowie wirksamen Zugang zu den Gerichten erhalten können; (…)

274 5.3.1 Allgemeine Bestimmungen

8. Aufklärungs- und Erziehungsmaßnahmen, insbesondere mit Strafverfolgungsbehörden, für Gemeinschaften und zivilgesellschaftliche Gruppen zu treffen, die Opfern von Hassverbrechen beistehen; (…)

10. zu erwägen, vom BDIMR entwickelte Ressourcen in den Bereichen Erziehung, Schulung und Aufklärung in Anspruch zu nehmen, um zu gewährleisten, dass umfassend gegen Hassverbre- chen vorgegangen wird;

11. fordert die Teilnehmerstaaten auf, nach Gelegenheiten zur Zusammenarbeit zu suchen und auf diesem Wege gegen die zunehmende Nutzung des Internets zur Verbreitung von Ansichten vorzu- gehen, die zu durch Vorurteile motivierter Gewalt, einschließlich Hassverbrechen, anstiften, und dadurch den durch die Verbreitung von derartigem Material entstandenen Schaden zu verringern, und gleichzeitig sicherzustellen, dass jede diesbezügliche Maßnahme in Einklang mit den OSZE- Verpflichtungen, insbesondere im Hinblick auf freie Meinungsäußerung, steht; (…)

Astana 2010

Basel 2014 (Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus)

Wir, die Mitglieder des Ministerrats der Organisation für Sicherheit und Zusammenarbeit in Europa, erinnern an die Berliner Antisemitismus-Konferenz der OSZE im Jahr 2004, auf der die OSZE-Teil- nehmerstaaten alle Erscheinungsformen des Antisemitismus verurteilt und sich zu gemeinsamen Bemühungen zur Bekämpfung des Antisemitismus im gesamten OSZE-Raum verpflichtet haben.

Wir bringen unsere Besorgnis über die beunruhigende Anzahl antisemitischer Vorfälle zum Aus- druck, die sich im OSZE-Raum auch heute noch ereignen und nach wie vor eine Herausforderung für die Stabilität und Sicherheit darstellen.

Wir weisen Erscheinungsformen des Antisemitismus, der Intoleranz und Diskriminierung von Juden entschieden zurück und verurteilen sie.

Wir erinnern an die Verpflichtung zur Achtung der Menschenrechte und Grundfreiheiten für alle, ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion, wie sie in der Schluss- 5 akte von Helsinki 1975 verankert ist. (…)

Wir anerkennen den wesentlichen Beitrag der Zivilgesellschaft zur Verhütung von Antisemitis- mus und zur Reaktion darauf, unter anderem durch ihre aktive Teilnahme an den einschlägigen Veranstaltungen der OSZE sowie Veranstaltungen mit OSZE-Bezug, insbesondere bei der Fest- veranstaltung zum 10. Jahrestag der Berliner OSZE-Konferenz über Antisemitismus im Jahr 2014.

275 5.3.1 Allgemeine Bestimmungen

Wir unterstreichen die Wichtigkeit der Zusammenarbeit zwischen den Staaten und der Zivilge- sellschaft durch wirksame Partnerschaften, verstärkten Dialog und intensivere Zusammenarbeit bei der Bekämpfung des Antisemitismus.

Wir erklären unmissverständlich, dass internationale Entwicklungen Antisemitismus niemals rechtfertigen, auch nicht, wenn sie die Lage im Nahen Osten betreffen.

Wir fordern Führungspersönlichkeiten aus Politik, Religionsgemeinschaften und der Zivilgesell- schaft auf, offene Diskussionen aufzunehmen, mit dem Ziel, den Antisemitismus unter vollstän- diger Achtung der Grundfreiheiten und Menschenrechte zu bekämpfen und zu verhüten.

Wir fordern die Teilnehmerstaaten auf: • führendende Politiker und Persönlichkeiten des öffentlichen Lebens dazu zu ermutigen, bei an- tisemitischen Vorfällen entschieden und unverzüglich dagegen Stellung zu beziehen; • Bildungsprogramme zur Bekämpfung des Antisemitismus zu fördern und jungen Menschen Ge- legenheit zu geben, eine Menschenrechtserziehung auch zum Thema Antisemitismus zu erhalten; • Bemühungen zur Umsetzung bestehender OSZE-Verpflichtungen zur Beobachtung von Hass- verbrechen einschließlich antisemitisch motivierter Straftaten, und zur Sammlung einschlägi- ger Daten darüber zu verstärken; • antisemitisch motivierte Gewalttaten wirkungsvoll, zeitnah und unvoreingenommen zu unter- suchen und die Verantwortlichen strafrechtlich zu verfolgen; • Einen offenen und transparenten Dialog und Partnerschaften zwischen Kulturen, Glaubensbe- kenntnissen und Religionen zu fördern und zu erleichtern; • zur Einbeziehung von Religions- und Glaubensgemeinschaften in die öffentliche Diskussion über einschlägige Gesetzesinitiativen anzuregen;

Wir fordern das BDIMR auf: • Den Teilnehmerstaaten nachahmenswerte Methoden zur Bekämpfung des Antisemitismus, etwa auch durch Konsultation der Zivilgesellschaft, anzubieten, um Erscheinungsformen von Anti- semitismus in unserer Zeit wirksam feststellen und dagegen vorgehen zu können; • Die Zusammenarbeit zwischen Vertretern des Staates und der Zivilgesellschaft in Antisemitis- mus-Fragen, darunter auch Hassverbrechen und die Erinnerung an den Holocaust, zu erleichtern; • Den Teilnehmerstaaten in ihren Bemühungen zur Datensammlung über anti- semitistische Hass- verbrechen, gegebenenfalls in Zusammenarbeit mit der Zivilgesellschaft, Hilfestellung zu leisten; • den Austausch nachahmenswerter Methoden für Bildungsinitiativen und andere Maßnahmen zur Hebung des Bewusstseins für Antisemitismus und zur Bewältigung der Herausforderun- gen im Bereich der Erziehung und des Unterrichts über den Holocaust zwischen den Teilneh- merstaaten zu erleichtern; • Den Dialog zu fördern und die Zivilgesellschaft in ihrer Fähigkeit zu stärken, einander mit grö- ßerer Achtung und mehr Verständnis zu begegnen, mit dem Ziel, die Zusammenarbeit zwischen unterschiedlichen Gemeinschaften zu fördern.

Wir heben die Arbeit der drei Persönlichen Beauftragten für Fragen der Toleranz in Unterstüt- zung der gesamten Bemühungen der OSZE zur Bekämpfung von Intoleranz und Diskriminierung hervor, insbesondere ihre Länderbesuche und anschließenden Empfehlungen sowie ihre Bericht- erstattung an den Ständigen Rat der OSZE.

276 5.3.2 Internationale Instrumente

Wir legen den Teilnehmerstaaten nahe, Erklärungen des Ministerrats zur Verstärkung der Bemü- hungen zur Bekämpfung von Intoleranz und Diskriminierung, sei es gegenüber Muslimen, Chris- ten oder Angehörigen anderer Religionen, auszuarbeiten.

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

Unter nachdrücklicher Verurteilung von Äußerungen der Intoleranz, unter anderem auch aus Gründen der Religion oder der Weltanschauung, die Entschlossenheit der Teilnehmerstaaten be- kräftigend, in ihren Gesellschaften für Toleranz und Nichtdiskriminierung, gegenseitige Achtung und Verständnis füreinander einzutreten, und unsere Zusage bekräftigend, die Menschenrechte und Grundfreiheiten, einschließlich der freien Meinungsäußerung sowie der Gedanken-, Gewis- sens-, Religions- oder Weltanschauungsfreiheit, zu fördern und zu schützen,

Mit dem Ausdruck tiefer Sorge angesichts der Tatsache, dass sich einige schwere Verbrechen von Terroristen oder terroristischen Gruppen, etwa auch ausländischen terroristischen Kämpfern, ge- zielt gegen Personen und Gruppen wegen deren Volksgruppenzugehörigkeit, Religion oder Welt- anschauung richteten, sowie unter Hinweis auf die Rolle, die Diskriminierung und Intoleranz als Nährboden für gewalttätigen Extremismus und Radikalisierung spielen können, die ihrerseits zu Terrorismus führen, Die Verpflichtung der Teilnehmerstaaten unterstreichend, dass sie die erfor- derlichen Maßnahmen ergreifen werden, um jeden Menschen in ihrem Hoheitsbereich vor ter- roristischen Handlungen zu schützen, und entschlossen gegen Terrorismus und ausländische terroristische Kämpfer vorgehen werden, (…), zur Unterstützung unserer einschlägigen OSZE- Verpflichtungen und im Einklang mit den anwendbaren völkerrechtlichen Verpflichtungen, ein- schließlich der internationalen Menschenrechtsnormen, des internationalen Flüchtlingsrechts und des humanitären Völkerrechts,

5.3.2 Internationale Instrumente

Kopenhagen 1990

(40) (…) Die Teilnehmerstaaten (…) werden (40.6) den Beitritt zu internationalen Dokumenten, die sich mit dem Problem der Diskiminierung befassen, in Betracht ziehen, sofern ein solcher noch nicht erfolgt ist, und die volle Übereinstim- mung mit den darin enthaltenen Verpflichtungen gewährleisten, einschließlich jener, regelmäßig Bericht zu erstatten; (40.7) ferner erwägen, jene internationalen Mechanismen anzuerkennen, die es Staaten und Einzel- personen ermöglichen, internationale Gremien mit Mitteilungen über Diskriminierung zu befassen. 5 Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

[Die Teilnehmerstaaten]

(32) werden den Beitritt zur Internationalen Konvention über die Beseitigung jeder Form der ras- sischen Diskriminierung in Erwägung ziehen, falls sie das noch nicht getan haben;

277 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

Sofia 2004 (Erklärung des Ministerrats zum sechzigsten Jahrestag des Endes des zweiten Weltkriegs)

(…) Wir bekräftigen unser Bekenntnis zur Konvention der Vereinten Nationen über die Verhü- tung und Bestrafung des Völkermords vom 9. Dezember 1948 (…)

5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

Kopenhagen 1990

(40) (…) Die Teilnehmerstaaten (…) werden (40.1) wirksame Maßnahmen ergreifen, einschließlich der Annahme von mit ihrer Verfassungs- ordnung und ihren internationalen Verpflichtungen in Einklang stehenden erforderlichen Geset- zen, um vor jeder Handlung zu schützen, die zu Gewalt gegen Personen oder Gruppen aufgrund nationaler, rassischer, ethnischer oder religiöser Diskriminierung, zu Feindseligkeit oder Haß ein- schließlich Antisemitismus aufhetzt; (…)

(40.5) das Recht des einzelnen auf wirksame Rechtsmittel anerkennen und sich in Einklang mit den nationalen Rechtsvorschriften bemühen, das Recht betroffener Personen und Gruppen an- zuerkennen, Beschwerden wegen diskriminierender Handlungen einschließlich Handlungen aus Rassen- und Fremdenhaß einzulegen und zu unterstützen;

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

[Die Teilnehmerstaaten]

(33) werden die Durchführung geeigneter Maßnahmen in ihrem verfassungsrechtlichen Rahmen und in Übereinstimmung mit ihren internationalen Verpflichtungen erwägen, um den Schutz jed- weder Person auf ihrem Territorium vor Diskriminierung aus rassischen, ethnischen und religiö- sen Gründen sicherzustellen und um jedermann, einschließlich von Ausländern, vor Gewalttaten zu schützen, auch vor Gewalttaten aus einem dieser Gründe. Darüber hinaus werden sie ihre in- nerstaatlichen Rechtsverfahren, einschließlich der Durchsetzung diesbezüglich bestehender Ge- setze, voll zur Geltung bringen; (…)

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

25. Die Teilnehmerstaaten verurteilen Äußerungen von Intoleranz, und insbesondere von aggres- sivem Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus und werden auf deren Ausmerzung abzielende wirksame Maßnahmen weiterhin fördern. (…) Sie wer- den danach streben, angemessene diesbezügliche Gesetze zu stärken oder anzunehmen, und die er- forderlichen Maßnahmen ergreifen, um sicherzustellen, daß die vorhandenen Gesetze so wirksam

278 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

in die Tat umgesetzt werden, daß sie Äußerungen solcher Erscheinungen verhindern. Sie unter- streichen ferner, daß Maßnahmen zur Bekämpfung dieser Erscheinungen als Bestandteil der In- tegrationspolitik und Erziehung angesehen werden sollten.

Porto 2002 (V. Beschluss Nr. 6 über Toleranz und Nichtdiskriminierung)

Der Ministerrat,

9. ruft die maßgeblichen Stellen der Teilnehmerstaaten dazu auf, Gewalttaten – insbesondere wenn der begründete Verdacht besteht, dass sie durch aggressiven Nationalismus, Rassismus, Chauvi- nismus, Fremdenfeindlichkeit, Antisemitismus und gewalttätigen Extremismus motiviert wa- ren, – sowie Übergriffe, die aus Hass gegen eine bestimmte Religion oder Überzeugung begangen wurden, rasch und unvoreingenommen zu untersuchen und die Verantwortlichen entsprechend dem innerstaatlichen Recht und im Einklang mit den einschlägigen Menschenrechtsnormen vor Gericht zu stellen; (…)

Maastricht 2003 (Anhang zum Beschluss Nr. 3/03; Aktionsplan zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet)

Um Vorurteilen (…) entgegenzuwirken und wirksame grundsatzpolitische Konzepte zur Bekämp- fung von Diskriminierung und rassischer Gewalt auszuarbeiten und umzusetzen, werden folgende Maßnahmen empfohlen:

Gesetzgebung und Rechtsdurchsetzung Den Teilnehmerstaaten wird empfohlen:

9. darauf zu achten, dass die Antidiskriminierungsgesetze Folgendes enthalten: • das Verbot sowohl der direkten als auch der indirekten Rassendiskriminierung; • die Verhängung wirksamer, angemessener und abschreckender Sanktionen für diskriminie- rende Handlungen und Praktiken; 5 • die Verhängung härterer Strafen für rassisch motivierte Straftaten sowohl von Privat-personen als auch von Angehörigen des öffentlichen Dienstes; • gleichberechtigten Zugang zu wirksamen Rechtsbehelfen (Gerichts-, Verwaltungs-, Schlich- tungs- oder Vermittlungsverfahren).

279 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

11. Gegebenenfalls Sondereinrichtungen zur Durchsetzung solcher Gesetze zu schaffen und inner- staatliche Mechanismen zur Überwachung und regelmäßigen Berichterstattung einzuführen, die Einblick in die Fortschritte bei der Umsetzung der Rechtsvorschriften geben (…)

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

6. (…) angesichts der Wichtigkeit von Gesetzen zur Bekämpfung von Hassdelikten werden die Teilnehmerstaaten dem BDIMR bestehende Rechtsvorschriften bekannt geben, die durch Intole- ranz und Diskriminierung motivierte Handlungen unter Strafe stellen, und das BDIMR gegebe- nenfalls um Unterstützung bei der Ausarbeitung und Überarbeitung solcher Gesetze ersuchen; (…)

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,

beschließt,

1. Die Teilnehmerstaaten verpflichten sich: • zu erwägen, Gesetze zu erlassen oder gegebenenfalls zu verschärfen, die Diskriminierung nach Rasse, Hautfarbe, Geschlecht, Sprache, Religion, politischer oder sonstiger Gesinnung, natio- naler oder sozialer Herkunft, Vermögensverhältnissen, Geburt oder sonstigen Umständen bzw. die Anstiftung zu derart motivierten Hassdelikten verbieten; (…) • zu erwägen, Schulungsprogramme für Strafverfolgungs- und Justizbeamte über die Gesetzeslage und die Durchsetzung der Rechtsvorschriften in Bezug auf Hassdelikte einzuführen;

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 633: Förderung von Toleranz und Medienfreiheit im Internet)

Der Ständige Rat (…)

beschließt, dass: (…)

2. die Teilnehmerstaaten gegen rassistisch, fremdenfeindlich, antisemitisch oder durch andere da- mit zusammenhängende Vorurteile motivierte Gewalt und strafbare Gewaltandrohungen im In- ternet ermitteln und diese gegebenenfalls uneingeschränkt gerichtlich verfolgen sollen;

3. die Teilnehmerstaaten Strafverfolgungsbeamte und Staatsanwälte für den Umgang mit rassis- tisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile

280 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

motivierten Verbrechen im Internet aus- und fortbilden und Informationen über erfolgreiche Aus- und Fortbildungsprogramme als Teil des Austauschs bewährter Praktiken weitergeben sollen;

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

5. beschließt, dass die Teilnehmerstaaten bei der Umsetzung ihrer Verpflichtungen zur Förderung von Toleranz und Nichtdiskriminierung ihre Tätigkeit unter anderem auf folgende Bereiche kon- zentrieren werden: Gesetzgebung, Rechtsdurchsetzung, Erziehung, Medien, Datensammlung, Mi- gration und Integration, Religionsfreiheit, interkulturellen und interkonfessionellen Dialog, und sich zu Folgendem verpflichten: 5.1 Sie werden danach trachten, ihre Bemühungen dahingehend zu verstärken, dass die innerstaat- lichen Rechtsvorschriften, politischen Grundsätze ebenso wie die Praxis im Einklang mit den ein- schlägigen OSZE-Verpflichtungen sowie mit ihren einschlägigen internationalen Verpflichtungen allen Personen gleichen und wirksamen Schutz durch das Gesetz bieten und Handlungen der In- toleranz und der Diskriminierung untersagen; 5.2 Sie werden ihre Bemühungen dahingehend verstärken, dass Staatsbedienstete und insbeson- dere Strafverfolgungsbeamte im Umgang mit und in der Verhütung von Hassdelikten entsprechend geschult werden, und in diesem Zusammenhang die Einrichtung von Programmen erwägen, die eine solche Schulung vermitteln; sie werden dabei erwägen, das im BDIMR vorhandene einschlä- gige Know-how in Anspruch zu nehmen, und bewährte Praktiken weitergeben; (…)

Brüssels 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

7. beschließt, den Aufbau von Kapazitäten von Strafverfolgungsbehörden durch Ausbildung und die Ausarbeitung von Leitlinien in Bezug auf die wirksamsten und bewährtesten Methoden ge- gen von Vorurteilen ausgelöste Straftaten zu fördern, ein positives Zusammenwirken zwischen Polizei und Opfern zu intensivieren und Opfer dazu zu ermutigen, Hassdelikte anzuzeigen, zum Beispiel durch die Ausbildung von Beamten, die an vorderster Front tätig sind, durch die Verwirk- lichung von öffentlichkeitswirksamen Programmen zur Verbesserung der Beziehungen zwischen Polizei und Öffentlichkeit und durch eine Schulung für die Weiterleitung der Opfer an Hilfs- und Schutzeinrichtungen; (…) 5 Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

In Anerkennung der Rolle, die die nationalen Parlamente durch die Verabschiedung von Gesetzen gegen Hassdelikte und Diskriminierung und als Forum für die innerstaatliche Debatte spielen, (…) (…)

281 5.3.3 Legislatur und Durchsetzung von Gesetzen und Richtlinien

In Anerkennung der jeweils speziellen Ausprägung der verschiedenen Formen von Intoleranz, je- doch gleichzeitig feststellend, dass ein umfassender Ansatz und die Befassung mit Querschnitts- fragen erforderlich sind, etwa in den Bereichen Gesetzgebung, Strafverfolgung,(…) um wirksam gegen alle Formen von Diskriminierung vorgehen zu können, (…)

2. Unterstreicht die nach wie vor gegebene Notwendigkeit, dass die Teilnehmerstaaten (…) die zu- ständigen Strafverfolgungsbeamten schulen (…); (…)

8. Legt den Teilnehmerstaaten nahe, in ihrer Gesetzgebung (…) bewährte Praktiken umzusetzen, die mithelfen, Gesellschaften zu fördern, in denen niemand ausgeschlossen wird und die auf der Achtung von kultureller und religiöser Vielfalt, der Menschenrechte und demokratischer Grund- sätze gründen; (…)

Athen 2009 (Beschluss Nr. 9/09 über die Bekämpfung von Hassverbrechen)

Der Ministerrat, (…)

Fordert die Teilnehmerstaaten auf: (…)

2. gegebenenfalls besondere, auf die Bekämpfung von Hassverbrechen abgestellte Gesetze zu erlas- sen, in denen wirksame, der Schwere dieser Verbrechen angemessene Strafen vorgesehen werden; (…)

4. berufliche Ausbildungs- und Qualifizierungsmaßnahmen für Beamte der Strafverfolgungsbe- hörden, der Staatsanwaltschaft und der Justiz einzuführen oder auszubauen;

6. bei Hassverbrechen unverzüglich Untersuchungen einzuleiten und sicherzustellen, dass die Mo- tive verurteilter Hasstäter von den zuständigen Behörden und von der politischen Führung auf- gezeigt und öffentlich verurteilt werden;

7. zur Bekämpfung von organisierten, durch Hass motivierten Gewaltverbrechen gegebenenfalls für Zusammenarbeit auf nationaler und internationaler Ebene zu sorgen, auch mit den zuständi- gen internationalen Gremien und zwischen Polizeibehörden;

282 5.3.4 Datenerfassung und Monitoring

Basel 2014 (Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus)

Wir fordern die Teilnehmerstaaten auf:

antisemitisch motivierte Gewalttaten wirkungsvoll, zeitnah und unvoreingenommen zu untersu- chen und die Verantwortlichen strafrechtlich zu verfolgen;

5.3.4 Datenerfassung und Monitoring

Genf 1991 (VI)

Istanbul 1999 (Europäische Sicherheitscharta: IV. Unsere gemeinsame Institutionen)

44. Wir werden daran arbeiten, die Rolle der OSZE im zivilpolizeilichen Bereich (…) zu stärken. Diese Aktivitäten können Folgendes beinhalten: • Polizeiüberwachung, unter anderem auch um zu verhindern, dass die Polizei Handlungen setzt, die etwa eine Diskriminierung aus Gründen der religiösen oder ethnischen Zugehörig- keit darstellen; (…) • Schaffung eines Polizeidienstes, der sich aus Mitgliedern verschiedener Volksgruppen bezie- hungsweise unterschiedlicher religiöser Gemeinschaften zusammensetzt und das Vertrauen der gesamten Bevölkerung besitzt;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

41. Von der Überwachungskapazität des BDIMR wird voller Gebrauch gemacht werden, und die praktische Zusammenarbeit mit anderen Überwachungsorganen etwa im Bereich der Datenbe- schaffung, der Weitergabe von Informationen und der Durchführung gemeinsamer Analysen wird gefördert werden, damit ein möglichst vollständiges Bild von den Entwicklungen entsteht. 5 Dadurch soll die OSZE in die Lage versetzt werden, ihre Arbeit zielgerichtet auf Fragen höchster Priorität zu richten.

Maastricht 2003 (Beschluss Nr. 4/03 über Toleranz und Nichtdiskriminierung)

Der Ministerrat, (…)

6. Ermutigt alle Teilnehmerstaaten, im Sinne der Erörterungen und Empfehlungen der oben ge- nannten Konferenzen verlässliche Informationen und Statistiken über Hassdelikte, einchließlich

283 5.3.4 Datenerfassung und Monitoring

aller gewalttätigen Äußerungen von Rassismus, Fremdenfeindlichkeit, Diskriminierung und An- tisemitismus, zu sammeln und Aufzeichnungen darüber zu führen (…)

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 607: Bekämpfung des Antisemitismus)

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen um Bekämpfung des Antisemitismus in der gesamten OSZE-Region, beschließt Folgendes,

1. Die Teilnehmerstaaten verpflichten sich: • Verlässliche Informationen und Statistiken über antisemitisch motivierte Straftaten und andere Hassdelikte, die in ihrem Hoheitsgebiet begangen werden, zusammenzutragen und auf dem neu- esten Stand zu halten, diese Informationen regelmäßig an das OSZEBüro für demokratische In- stitutionen und Menschenrechte (BDIMR) weiterzuleiten und öffentlich zugänglich zu machen;

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 621: Toleranz und der Kampf gegen Rassismus, Fremdenfeindlichkeit und

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,

beschließt,

1. Die Teilnehmerstaaten verpflichten sich: (…) • Verlässliche Informationen und Statistiken über durch Rassismus, Fremdenfeindlichkeit und damit verbundene Diskriminierung und Intoleranz motivierte Hassdelikte in ihrem Hoheits- gebiet zu sammeln und zu führen und diese Informationen regelmäßig dem OSZE-Büro für demokratische Institutionen und Menschenrechte (BDIMR) zuzuleiten und der Öffentlichkeit zugänglich zu machen;

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

284 5.3.4 Datenerfassung und Monitoring

5.5 Sie werden ihre Bemühungen um Erhebung und Führung verlässlicher Informationen und Sta- tistiken über Hassdelikte und Rechtsvorschriften in ihren Hoheitsgebieten verstärken, dem BDIMR regelmäßig darüber berichten und diese Informationen öffentlich zugänglich machen und erwä- gen, die Hilfe des BDIMR in diesem Bereich in Anspruch zu nehmen und ihm gegebenenfalls na- tionale Kontaktstellen für die Beobachtung von Hassdelikten nennen; (…)

Brüssels 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

11. ermutigt die Teilnehmerstaaten dazu, ihre Bemühungen zur Umsetzung ihrer Verpflichtungen in Bezug auf die Erhebung und Führung verlässlicher Informationen und Statistiken über Hassde- likte, die für eine wirksame Politik und entsprechende Ressourcenzuteilung zur Bekämpfung von durch Hass motivierten Vorfällen wesentlich sind, zu verstärken, und lädt die Teilnehmerstaaten in diesem Zusammenhang auch ein, die Entwicklung von Kapazitäten der Zivilgesellschaft zu er- leichtern, damit diese zur Überwachung und Berichterstattung über durch Hass motivierte Vor- fälle beitragen und Opfern von Hassdelikten Hilfestellung leisten kann; (…)

Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

In Anerkennung der jeweils speziellen Ausprägung der verschiedenen Formen von Intoleranz, je- doch gleichzeitig feststellend, dass ein umfassender Ansatz und die Befassung mit Querschnitts- fragen erforderlich sind, etwa in den Bereichen (…) Datensammlung und Beobachtung von Hassdelikten, um wirksam gegen alle Formen von Diskriminierung vorgehen zu können, (…)

2. unterstreicht die nach wie vor gegebene Notwendigkeit, dass die Teilnehmerstaaten verlässliche Informationen und statistische Daten über Hassdelikte und durch Hass motivierte Zwischenfälle sammeln und führen, die zuständigen Strafverfolgungsbeamten schulen und die Zusammenar- beit mit der Zivilgesellschaft verstärken; (…)

Athen 2009 (Beschluss Nr. 9/09 über die Bekämpfung von Hassverbrechen) 5 Der Ministerrat, (…)

in der Erkenntnis, dass systematischere, umfassendere und besser vergleichbare Daten über Hass- verbrechen erforderlich sind, wie es unter anderem im BDIMR-Bericht heißt, (…)

fordert die Teilnehmerstaaten auf:

285 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

1. verlässliche und ausreichend genaue Daten und Statistiken über Hassverbrechen und gewalttä- tige Erscheinungsformen von Intoleranz zu erheben, zu verwalten und zu veröffentlichen, unter anderem über die Anzahl der den Strafverfolgungsbehörden angezeigten Fälle, die Anzahl der eingeleiteten Strafverfahren und das Strafmaß; wo Datenschutzgesetze die Erfassung von Daten über die Opfer einschränken, sollten die Staaten Methoden der Datenerfassung in Erwägung zie- hen, die im Einklang mit diesen Gesetzen stehen; (…)

3. geeignete Maßnahmen zu ergreifen, durch die die Opfer zur Anzeige von Hassverbrechen er- mutigt werden, da die Staaten keine wirksamen politischen Strategien entwickeln können, wenn Hassverbrechen nur selten angezeigt werden; in diesem Zusammenhang als ergänzende Maß- nahme nach Methoden zu suchen, wie die Zivilgesellschaft verstärkt zur Bekämpfung von Hass- verbrechen beitragen kann; (…)

9. zur Bekämpfung von organisierten, durch Hass motivierten Gewaltverbrechen gegebenenfalls für Zusammenarbeit auf nationaler und internationaler Ebene zu sorgen, auch mit den zuständi- gen internationalen Gremien und zwischen Polizeibehörden; (…)

Basel 2014 (Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus)

Wir fordern die Teilnehmerstaaten auf:

Bemühungen zur Umsetzung bestehender OSZE-Verpflichtungen zur Beobachtung von Hassver- brechen einschließlich antisemitisch motivierter Straftaten, und zur Sammlung einschlägiger Da- ten darüber zu verstärken;

Wir fordern das BDIMR auf:

den Teilnehmerstaaten in ihren Bemühungen zur Datensammlung über anti semitistische Hass- verbrechen, gegebenenfalls in Zusammenarbeit mit der Zivilgesellschaft, Hilfestellung zu leisten;

5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

Helsinki 1975 (Fragen der Sicherheit in Europa: 1. (b) Fragen der Verwirklichung einiger der vorstehenden Prinzipien)

(i) Die Teilnehmerstaaten, (…)

Werden in ihren Beziehungen zueinander unter anderem die folgenden Bestimmungen, die in Übereinstimmung mit der Erklärung über die Prinzipien, die die Beziehungen der Teilnehmer- staaten leiten, stehen, achten und anwenden: (…) • Im Einklang mit ihrer Pflicht, sich der Propaganda sowohl für Angriffskriege als auch für jegliche mit den Zielen der Vereinten Nationen und mit der Erklärung über die Prinzipien, die die Bezie- hungen der Teilnehmerstaaten leiten, unvereinbaren Androhung oder Anwendung von Gewalt

286 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

gegen einen anderen Teilnehmerstaat zu enthalten, mit allen Mitteln, die ein jeder von ihnen für angemessen hält, ein Klima des Vertrauens und der Achtung zwischen den Völkern zu fördern.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(16) Um die Freiheit des einzelnen zu gewährleisten, sich zu seiner Religion oder Überzeugung zu bekennen und diese auszuüben, werden die Teilnehmerstaaten unter anderem, (…)

(16.2) eine Atmosphäre gegenseitiger Toleranz und Achtung zwischen Gläubigen verschiedener Gemeinschaften ebenso wie zwischen Gläubigen und Nichtgläubigen schaffen;

Wien 1989 (Zusammenarbeit in humanitären und anderen Bereichen > Zusammenarbeit und Austausch im Bereich der Kultur)

(61) Sie werden unter gebührender Berücksichtigung der Eigenart und Vielfalt ihrer jeweiligen Kulturen Bemühungen ermutigen, um die gemeinsamen Merkmale zu erforschen und ein stärke- res Bewußtsein für ihr kulturelles Erbe zu bilden. Sie werden dementsprechend Initiativen ermu- tigen, die zur besseren Kenntnis des kulturellen Erbes der anderen Teilnehmerstaten in all seinen Formen, einschließlich regionaler Aspekte und der Volkskunst, beitragen können.

Kopenhagen 1990

(36) (…) Jeder Teilnehmerstaat wird ein Klima der gegenseitigen Achtung, des Verständnisses, der Zusammenarbeit und Solidarität zwischen allen Bewohnern seines Territoriums fördern, ohne Unterschied der ethnischen oder nationalen Abstammung oder der Religion, und die Lösung von Problemen durch einen auf den Prinzipien der Rechtsstaatlichkeit beruhenden Dialog ermutigen. (…)

(40) (…) [Die Teilnehmerstaaten] werden (…)

(40.3) auf nationaler, regionaler und lokaler Ebene wirksame Maßnahmen in Einklang mit ihrer Verfassungsordnung treffen, um Verständigung und Toleranz insbesondere in Erziehung, Kultur und Information zu fördern; (40.4) nach Kräften gewährleisten, daß bei den Erziehungszielen dem Problem des Rassenvorur- teils und des Rassenhasses und der Förderung der Achtung vor anderen Zivilisationen und Kul- turen eine besondere Aufmerksamkeit zukommt; 5 Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

Wir erkennen den wesentlichen Beitrag unserer gemeinsamen europäischen Kultur und unserer gemeinsamen Werte zur Überwindung der Teilung des Kontinents an. Wir unterstreichen daher unser Eintreten für die schöpferische Freiheit sowie für den Schutz und die Förderung unseres kulturellen und geistigen Erbes in all seinem Reichtum und all seiner Vielfalt.

287 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

Krakau 1991(Präambel)

Die Teilnehmerstaaten bringen ihre tiefempfundene Überzeugung zum Ausdruck, daß sie ge- meinsame, durch die Geschichte geprägte Wertvorstellungen teilen, die unter anderem auf der Achtung der Person, der Gewissens-, Religions- oder Glaubensfreiheit, der freien Meinungsäuße- rung sowie der Anerkennung der Bedeutung geistiger und kultureller Werte, der Verpflichtung zu Rechtsstaatlichkeit, Toleranz und Offenheit für einen Dialog mit anderen Kulturen beruhen. (…)

Sie sind der Ansicht, daß die Regionalaspekte der Kultur selbst einen Faktor bei der Völkerver- ständigung darstellen sollten.

II. Kultur und kulturelles Erbe

III. Hauptgebiete bei Bewahrung und Zusammenarbeit

27. In Anbetracht der wichtigen Rolle, die regionale kulturelle Aspekte für die Verbindung zwi- schen Menschen über nationale Grenzen hinweg spielen, werden die Teilnehmerstaaten die regio- nale Zusammenarbeit auf der Ebene kommunaler und nationaler Behörden sowie nichtstaatlicher Organisationen im Hinblick auf eine Förderung gutnachbarschaftlicher Beziehungen unterstützen. (…)

31. Die Teilnehmerstaaten werden sich um die Bewahrung und den Schutz der Baudenkmale und Gedenkstätten, einschließlich insbesondere von Vernichtungslagern, sowie der dazugehörigen Ar- chive bemühen, die ihrerseits Zeugnisse der tragischen Ereignissen ihrer gemeinsamen Vergan- genheit sind. Solche Maßnahmen sind notwendig, damit diese Ereignisse nicht in Vergessenheit geraten, sie heutigen und zukünftigen Generationen vermittelt werden können und damit sicher- gestellt wird, daß sie sich nie mehr wiederholen.

288 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

32. Die Darstellung sensibler Gedenkstätten kann ein wertvolles Mittel zur Förderung von Tole- ranz und Verständnis zwischen den Menschen sein und wird die soziale und kulturelle Vielfalt berücksichtigen.

Genf 1991 (VI)

[Die Teilnehmerstaaten] werden wirksame Maßnahmen zur Förderung von Toleranz, Verstän- digung, Chancengleichheit und guten Beziehungen zwischen Einzelpersonen unterschiedlicher Herkunft in ihrem Land ergreifen.

Moskau 1991

(38.1) [Die Teilnehmerstaaten] verurteilen alle Handlungen, die von Diskriminierung aus Grün- den der Rasse, der Hautfarbe und der ethnischen Herkunft, von Intoleranz und Fremdenhaß ge- gen die Wanderarbeiter gekennzeichnet sind. Sie werden im Einklang mit ihrer innerstaatlichen Rechtsordnung und mit ihren internationalen Verpflichtungen wirksame Maßnahmen zur För- derung von Toleranz, Verständigung, Chancengleichheit und Achtung der grundlegenden Men- schenrechte der Wanderarbeiter ergreifen (…)

Helsinki 1992 (Gipfelerklärung)

12. (…) Wirtschaftlicher Niedergang, soziale Spannungen, aggressiver Nationalismus, Intoleranz, Fremdenhaß und ethnische Konflikte bedrohen die Stabilität im KSZE-Gebiet (…)

Es bleibt noch viel zu tun zum Aufbau demokratischer und pluralistischer Gesellschaften, in de- nen Vielfalt umfassend geschützt und in der Praxis geachtet wird. Folglich lehnen wir rassisti- sche, ethnische und religiöse Diskriminierung jeder Art ab. Freiheit und Toleranz müssen gelehrt und praktiziert werden.

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(30) bringen ihre Betroffenheit über jüngste eklatante Äußerungen von Intoleranz, Diskriminie- rung, aggressivem Nationalismus, Fremdenhaß, Antisemitismus und Rassismus zum Ausdruck- und unterstreichen die wichtige Rolle von Toleranz, Verständnis und Zusammenarbeit bei der Errichtung und Erhaltung stabiler demokratischer Gesellschaften; (…)

(34) werden die Ausarbeitung von Programmen erwägen, die die Bedingungen für die Förderung 5 der Nichtdiskriminierung und der kulturübergreifenden Verständigung schaffen, deren Schwer- punkt auf Menschenrechtserziehung, Maßnahmen an der Basis, kulturübergreifender Ausbildung und Forschung liegt;

Rom 1993 (Beschlüsse: IV. Die menschliche Dimension)

1. (…) Besorgt über die Grundursachen von Spannungen, die historischen Vorurteilen entstam- men, riefen die Minister zu Bemühungen auf, um – unter anderem durch Bildungsarbeit – To- leranz und ein Bewußtsein der Zugehörigkeit zu einem System gemeinsamer Werte zu fördern.

289 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

Die Minister betonten, daß die Durchführung der Verpflichtungen im Bereich der menschlichen Dimension bei den Bemühungen der KSZE um Konfliktverhütung im Brennpunkt der Aufmerk- samkeit stehen muß.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

19. (…) Wir verurteilen jede Gewalt gegen eine Minderheit. Wir versprechen, Maßnahmen zur Förderung der Toleranz und zur Errichtung pluralistischer Gesellschaften zu ergreifen, in denen alle Angehörigen nationaler Minderheiten ungeachtet ihrer ethnischen Herkunft volle Chancen- gleichheit genießen.

Bukarest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus) Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

11. Förderung der Menschenrechte, der Toleranz und der multikulturellen Gesellschaft; Die Teil- nehmerstaaten/der Ständige Rat/das BDIMR/der Hohe Kommissar für nationale Minderheiten (HKNM)/der Beauftragte für Medienfreiheit: Werden Toleranz, Koexistenz und harmonische Bezie- hungen zwischen ethnischen, religiösen, sprachlichen und anderen Gruppen sowie die diesbezüg- liche konstruktive Zusammenarbeit zwischen den Teilnehmerstaaten fördern und verstärken (…)

Bukarest 2001 (Beschluss Nr. 5)

Der Ministerrat, (…)

ruft die Teilnehmerstaaten dazu auf, Toleranz und Nichtdiskriminierung (…) durch Informati- onskampagnen und Erziehung zu fördern; (…)

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

21. Würdigen die positive Rolle, die Medien bei der Förderung von Toleranz und gegenseitigem Verständnis zwischen Religionen, Weltanschauungen, Kulturen und Völkern (…)

Porto 2002 (Beschluss Nr. 6 über Toleranz und Nichtdiskriminierung)

Der Ministerrat,

(…) Erneut darauf hinweisend, dass die Demokratie und der Schutz der Menschenrechte und Grundfreiheiten wesentliche Garanten für Toleranz und Nichtdiskriminierung sind und wich- tige Faktoren für die Stabilität, Sicherheit, Zusammenarbeit und friedliche Entwicklung in der gesamten OSZE-Region darstellen und dass Toleranz und Nichtdiskriminierung daher wichtige Elemente in der Förderung der Menschenrechte sind,

unter Hinweis auf die fortlaufende Arbeit der OSZE-Strukturen und -Institutionen im Bereich der Förderung der Menschenrechte, der Toleranz, der Nichtdiskriminierung und der multikulturellen Gesellschaft, insbesondere durch die Treffen, Aktivitäten, Projekte und Programme im Rahmen der menschlichen Dimension, einschließlich jener der Teilnehmerstaaten,

290 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

unter Betonung der positiven Rolle des multikulturellen und interreligiösen Dialogs bei der Her- beiführung eines besseren Verständnisses zwischen Nationen und Völkern,

In Anerkennung der Verantwortung der Teilnehmerstaaten für die Förderung von Toleranz und Nichtdiskriminierung, (…)

1. (…) (b) verpflichtet sich, den multikulturellen, interethnischen und interreligiösen Dialog wei- ter zu fördern, wobei die Regierungen und die Zivilgesellschaft ermutigt werden, sich an diesem Dialog aktiv zu beteiligen; (…)

4. verpflichtet sich, auf nationaler, regionaler und lokaler Ebene geeignete Maßnahmen im Ein- klang mit der jeweiligen Verfassungsordnung zu ergreifen, um Toleranz und Nichtdiskriminierung zu fördern sowie Vorurteilen und irrigen Vorstellungen insbesondere in der Bildung, der Kultur und dem Informationswesen entgegenzutreten;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

40. Eine besondere Zielgruppe der OSZE wird die jüngere Generation sein, deren Verständnis für die nötige Toleranz und die Bedeutung der Aussöhnung und der friedlichen Koexistenz geweckt werden soll. Ihre Zukunftsaussichten sind ein maßgeblicher Faktor. Die OSZE wird daher gege- benenfalls eine stärkere Rolle im Bildungsbereich spielen. Dabei würde etwa die Menschenrechts- erziehung besondere Aufmerksamkeit verdienen.

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 607: Bekämpfung des Antisemitismus)

Der Ständige Rat (…) 5

zur Verstärkung unserer gemeinsamen Bemühungen um Bekämpfung des Antisemitismus in der gesamten OSZE-Region, beschließt Folgendes,

1. Die Teilnehmerstaaten verpflichten sich: • gegebenenfalls Bildungsprogramme zur Bekämpfung des Antisemitismus zu fördern; • die Erinnerung an die Tragödie des Holocausts wach zu halten, deren Vermittlung im Unter- richt gegebenenfalls zu fördern und sich für die Achtung aller ethnischen und religiösen Grup- pen einzusetzen;

291 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

(…)

1. Die Teilnehmerstaaten verpflichten sich: (…) • Bildungsprogramme für mehr Toleranz und gegen Rassismus, Fremdenfeindlichkeit und Dis- kriminierung zu fördern und gegebenenfalls zu verstärken; • einen offenen und transparenten Dialog sowie Partnerschaften zwischen den Glaubensbe- kenntnissen und Kulturen zur Stärkung von Toleranz, Achtung und gegenseitigem Verständ- nis zu fördern • zur Förderung von Toleranz, Dialog, Achtung und gegenseitigem Verständnis über die Medien, auch über das Internet, zu ermutigen; (…)

Laibach 2005 (Beschluss Nr. 2/05 über Migration)

Der Ministerrat,

in Bekräftigung der Verpflichtungen in Bezug auf Migration, insbesondere betreffend die Wan- derarbeitnehmer, sowie anderer einschlägiger Verpflichtungen (…) (…)

Ferner in der Erkenntnis (…), dass eine erfolgreiche Integrationspolitik, die die Achtung der kul- turellen und religiösen Vielfalt sowie die Förderung und den Schutz der Menschenrechte und Grundfreiheiten einschließt, ein Faktor zur Förderung der Stabilität und des Zusammenhalts un- serer Gesellschaften ist,

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat,

in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten sowie der Demokratie und Rechtsstaatlichkeit zum Kernbereich des umfassenden Sicherheitskonzepts der OSZE gehören, (…)

die Notwendigkeit betonend, sich konsequent und unzweideutig gegen durch Hass motivierte Handlungen und Äußerungen von Hass, insbesondere im politischen Diskurs, auszusprechen und sich für Toleranz, gegenseitige Achtung und Verständnis füreinander einzusetzen,

292 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

(…)

in Würdigung der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vorsitzenden, die Teil der Gesamtbemühungen der OSZE zur Bekämpfung von Diskriminierung und zur Förderung von Toleranz, gegenseitiger Achtung und Verständnis füreinander und Bewusstseinsbildung sind, (…)

2. begrüßt die Einrichtung des BDIMR-Programms für Toleranz und Nichtdiskriminierung;

3. lehnt die Gleichsetzung von Terrorismus und gewalttätigem Extremismus mit irgendeiner Re- ligion oder Überzeugung, Kultur, ethnischen Gruppe, Nationalität oder Rasse ab;

5.3 Sie werden zu öffentlichen und privaten Bildungsprogrammen ermutigen, die zu Toleranz und Nichtdiskriminierung anhalten, und das öffentliche Bewusstsein dafür heben, dass Intoleranz und Diskriminierung existieren und unannehmbar sind, und in diesem Zusammenhang gegebenen- falls vom Fachwissen und der Hilfe des BDIMR Gebrauch machen, um Methoden und Lehrpläne für die Erziehung zu Toleranz zu entwickeln, die unter anderem Folgendes zum Gegenstand haben: • Bekämpfung von Rassenvorurteilen und Rassenhass, Fremdenfeindlichkeit und Diskriminierung • Aufklärung über und Erinnerung an den Holocaust sowie andere Fälle von Völkermord, die ge- mäß dem Übereinkommen von 1948 über die Verhütung und Bestrafung des Völkermords als solche anerkannt sind, und an Verbrechen gegen die Menschlichkeit; • Aufklärung über Antisemitismus, um sicherzustellen, dass diese Aufklärung, einschließlich Lehrplänen über moderne Ausprägungen des Antisemitismus in den Teilnehmerstaaten, sys- tematisch erfolgt; • Bekämpfung von Vorurteilen, Intoleranz und Diskriminierung gegenüber Christen, Muslimen 5 und Angehörigen anderer Religionen; (…)

5.6 Sie werden sich mit Unterstützung der einschlägigen Einrichtungen, Institutionen und Feld- einsätze der OSZE nötigenfalls weiter mit der Frage Migration und Integration unter Berücksich- tigung der kulturellen und religiösen Vielfalt als Teil der Gesamtbemühungen der OSZE um die Förderung von Toleranz, gegenseitiger Achtung und Verständnis füreinander und um die Be- kämpfung von Diskriminierung auseinandersetzen und die Achtung der Menschenrechte und Grundfreiheiten fördern;

293 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

(…)

7. Beschließt, durch Förderung des interkulturellen und interkonfessionellen Dialogs und die Un- terstützung für gegenseitiges Verständnis, gegenseitige Achtung und die Menschenrechte im ge- samten OSZE-Raum einen entsprechenden Beitrag zur Initiative „Allianz der Zivilisationen“ zu leisten und beauftragt in diesem Zusammenhang: 7.1 den Amtierenden Vorsitzenden der OSZE, den Generalsekretär der Vereinten Nationen von diesem Beschluss in Kenntnis zu setzen und ihn zu informieren, dass die OSZE die Initiative „Al- lianz der Zivilisationen“ unterstützen möchte, und 7.2 den Generalsekretär, in Zusammenarbeit mit den Teilnehmerstaaten einen OSZE-Beitrag zur Initiative „Allianz der Zivilisationen“ zu leisten, dabei das Fachwissen der OSZE-Einrichtungen und -Institutionen, insbesondere des BDIMR, zu nutzen und die Hochrangige Gruppe der Alli- anz der Zivilisationen bis Ende Juni 2006 über diesen Beitrag zu informieren.

Brüssel 2006 (Ministererklärung zur Migration)

5. Da das Phänomen Migration sowohl an Tragweite als auch an Komplexität zunimmt, ermutigen wir alle einschlägigen OSZE-Institutionen und -Strukturen, im Rahmen ihres jeweiligen Mandats ihre Arbeit in Bezug auf Migrations- und Integrationsfragen in allen drei Dimensionen fortzuset- zen, insbesondere im Hinblick auf den möglichen Beitrag der Migration zu nachhaltiger und part- nerschaftlicher Entwicklung, die Förderung der Integration unter Achtung der kulturellen und religiösen Vielfalt, die Auseinandersetzung mit Zwangsmigration unter gleichzeitiger Einhaltung der einschlägigen völkerrechtlichen Verpflichtungen und die Bekämpfung der illegalen Migration sowie des Menschenhandels und der Ausbeutung, der Diskriminierung, des Missbrauchs und des gegen Migranten gerichteten Rassismus unter besonderer Berücksichtigung von Frauen und Kin- dern, sowie die Förderung des Dialogs, der Partnerschaft und der Zusammenarbeit zwischen den OSZE Teilnehmerstaaten und den Kooperationspartnern in Migrationsfragen. (…)

Brüssel 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

in Anbetracht der Tatsache, dass Äußerungen von Diskriminierung und Intoleranz die Sicherheit der Menschen und den gesellschaftlichen Zusammenhalt gefährden und Konflikt und Gewalt in größerem Umfang auslösen können,

in großer Sorge über den rassistischen, fremdenfeindlichen und diskriminierenden öffentlichen Diskurs,

In Bekräftigung der Notwendigkeit, dass die Teilnehmerstaaten mit Entschlossenheit gegen alle Handlungen und Äußerungen des Hasses einschließlich Hassdelikten vorgehen müssen, in der Er- kenntnis, dass die zu deren Bewältigung erforderlichen Bemühungen häufig einen gemeinsamen

294 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

Ansatz erfordern, zugleich aber auch in Anerkennung der Eigenständigkeit dieser Äußerungen und des historischen Hintergrunds aller ihrer Ausdrucksformen, (…)

in Anerkennung der Arbeit der drei Persönlichen Beauftragten des Amtierenden Vorsitzenden zur Unterstützung der Gesamtbemühungen der OSZE zur Bekämpfung von Intoleranz und Dis- kriminierung und mit dem Wunsch nach einer Überprüfung ihres Beitrags zu den Gesamtbe- mühungen im Laufe des Jahres 2007 durch den Amtierenden Vorsitzenden in Absprache mit den Teilnehmerstaaten,

bestürzt über den Zulauf, den gewaltbereite politische Parteien, Bewegungen und Gruppen erhalten,

in diesem Zusammenhang auch besorgt über die gewalttätigen Äußerungen von Extremismus in Verbindung mit Rassismus, Fremdenfeindlichkeit, Antisemitismus, aggressivem Nationalismus und Neonazismus, (…)

2. beauftragt den Ständigen Rat, zu überlegen, auf welche Weise die Wirksamkeit, Konsequenz und Kontinuität im Einsatz der OSZE gegen Intoleranz und Diskriminierung und für gegensei- tige Achtung und das Verständnis füreinander ab 2007 im Hinblick auf eine wirksamere Umset- zung der Verpflichtungen verstärkt werden können;

4. verpflichtet sich dazu, das Bewusstsein für den Wert kultureller und religiöser Vielfalt als Quelle der gegenseitigen Bereicherung von Gesellschaften zu schärfen und die Bedeutung der Integra- tion in Bezug auf kulturelle und religiöse Vielfalt als Schlüsselelement zur Förderung gegenseiti- ger Achtung und des Verständnisses füreinander anzuerkennen;

5. ruft die Teilnehmerstaaten dazu auf, auf die eigentlichen Ursachen von Intoleranz und Diskri- minierung einzugehen, indem sie zur Entwicklung einer umfassenden innerstaatlichen Bildungs- politik und -strategie ermutigen und verstärkte bewusstseinsbildende Maßnahmen setzen, die: • besseres Verständnis und Achtung für unterschiedliche Kulturen, Volkszugehörigkeiten, Reli- 5 gionen bzw. Überzeugungen fördern; • auf die Verhütung von Intoleranz und Diskriminierung, einschließlich gegen Christen, Juden, Muslime und Angehörige anderer Religionen, abzielen; • die Erinnerung an die Tragödie des Holocaust sowie an andere Fälle von Völkermord, die ge- mäß dem Übereinkommen von 1948 über die Verhütung und Bestrafung des Völkermords als solche anerkannt sind, und an Verbrechen gegen die Menschlichkeit sowie die Aufklärung da- rüber fördern;

295 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

6. Anerkennt den wichtigen Beitrag, den die Jugend bei der Bekämpfung von Intoleranz und Dis- kriminierung einbringen kann, und ermutigt zur Fortsetzung und Weiterentwicklung von nach- ahmenswerten Aktivitäten wie einer in jungen Jahren ansetzenden Menschenrechtserziehung in der gesamten OSZE-Region (…) (…)

Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

In Anerkennung der wichtigen Rolle, die die Jugend bei der Förderung von gegenseitiger Achtung und des Verständnisses zwischen Kulturen und Religionen spielen kann, womit sie zur Förderung der Demokratie sowie der Menschenrechte und Grundfreiheiten beiträgt (…) (…)

In Anerkennung der jeweils speziellen Ausprägung der verschiedenen Formen von Intoleranz, je- doch gleichzeitig feststellend, dass ein umfassender Ansatz und die Befassung mit Querschnitts- fragen erforderlich sind, etwa in den Bereichen Gesetzgebung, Strafverfolgung, Datensammlung und Beobachtung von Hassdelikten, Bildung, Medien und konstruktiver öffentlicher Diskurs so- wie Förderung des interkulturellen Dialogs, um wirksam gegen alle Formen von Diskriminie- rung vorgehen zu können, (…)

3. ermutigt zur Förderung von Bildungsprogrammen in den Teilnehmerstaaten, um Jugendlichen den Wert der gegenseitigen Achtung und des Verständnisses füreinander bewusst zu machen; (…)

5. (…) unterstreicht (...) dass die vom Internet gebotenen Möglichkeiten zur Förderung der Demo- kratie-, Menschenrechts- und Toleranzerziehung voll ausgeschöpft werden sollten; (…)

296 5.3.5 Förderung von Toleranz, Verständnis und Respekt einschließlich des Gedenkens

8. legt den Teilnehmerstaaten nahe, in ihrer Gesetzgebung, ihrer Politik und ihren Programmen bewährte Praktiken umzusetzen, die mithelfen, Gesellschaften zu fördern, in denen niemand aus- geschlossen wird und die auf der Achtung von kultureller und religiöser Vielfalt, der Menschen- rechte und demokratischer Grundsätze gründen; (…)

Athen 2009 (Beschluss Nr. 9/09 über die Bekämpfung von Hassverbrechen)

Der Ministerrat, (…)

In Anerkennung der ausschlaggebenden Rolle, die Politiker als Leitfiguren im Kampf gegen In- toleranz und Diskriminierung und zur Förderung der gegenseitigen Achtung und des Verständ- nisses füreinander spielen können, (…)

Basel 2014 (Erklärung über Verstärkte Bemühungen zur Bekämpfung des Antisemitismus)

Wir fordern die Teilnehmerstaaten auf:

führendende Politiker und Persönlichkeiten des öffentlichen Lebens dazu zu ermutigen, bei anti- semitischen Vorfällen entschieden und unverzüglich dagegen Stellung zu beziehen; (…)

Bildungsprogramme zur Bekämpfung des Antisemitismus zu fördern und jungen Menschen Ge- legenheit zu geben, eine Menschenrechtserziehung auch zum Thema Antisemitismus zu erhalten;

Einen offenen und transparenten Dialog und Partnerschaften zwischen Kulturen, Glaubensbe- kenntnissen und Religionen zu fördern und zu erleichtern; (…)

zur Einbeziehung von Religions- und Glaubensgemeinschaften in die öffentliche Diskussion über einschlägige Gesetzesinitiativen anzuregen;

Wir fordern das BDIMR auf:

den Teilnehmerstaaten nachahmenswerte Methoden zur Bekämpfung des Antisemitismus, etwa auch durch Konsultation der Zivilgesellschaft, anzubieten, um Erscheinungsformen von Antise- mitismus in unserer Zeit wirksam feststellen und dagegen vorgehen zu können; 5 die Zusammenarbeit zwischen Vertretern des Staates und der Zivilgesellschaft in Antisemitis- mus-Fragen, darunter auch Hassverbrechen und die Erinnerung an den Holocaust, zu erleichtern;

den Teilnehmerstaaten in ihren Bemühungen zur Datensammlung über anti- semitistische Hass- verbrechen, gegebenenfalls in Zusammenarbeit mit der Zivilgesellschaft, Hilfestellung zu leisten;

297 5.3.6 Rolle der Medien

5.3.6 Rolle der Medien

Istanbul 1999 (Gipfelerklärung)

27. Wir verpflichten uns, die Freiheit der Medien als eine Grundvoraussetzung für eine pluralis- tische und demokratische Gesellschaft zu garantieren. Wir sind tief besorgt über den Missbrauch der Medien in Konfliktgebieten, um Hass und ethnische Spannungen zu schüren, und über Schi- kanen und gesetzliche Einschränkungen, um den Bürgern freie Medien vorzu- enthalten (…)

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

22. verpflichten sich, Verhetzung zu bekämpfen und die erforderlichen Maßnahmen zu ergreifen, um den Missbrauch der Medien und der Informationstechnologie für terroristische Zwecke zu verhindern, wobei zu gewährleisten ist, dass diese Maßnahmen im Einklang mit dem nationalen Recht, dem Völkerrecht und den OSZE-Verpflichtungen stehen;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

37. (…) Unter uneingeschränkter Achtung des Rechts auf freie Meinungsäußerung wird die OSZE danach streben, Hassdelikte, die durch rassistische, fremdenfeindliche und antisemitische Propa- ganda im Internet ausgelöst werden können, zu bekämpfen.

Der Ständige Rat (…)

zur Verstärkung unserer gemeinsamen Bemühungen im Kampf gegen Erscheinungsformen der Intoleranz in der gesamten OSZE-Region,

beschließt,

1. Die Teilnehmerstaaten verpflichten sich: (…) • zur Förderung von Toleranz, Dialog, Achtung und gegenseitigem Verständnis über die Medien, auch über das Internet, zu ermutigen; (…)

298 5.3.6 Rolle der Medien

Sofia 2004 (Anhang zu Beschluss Nr. 12/04 über Toleranz und Nichtdiskriminierung; Beschluss des Ständigen Rates Nr. 633: Förderung von Toleranz und Medienfreiheit im Internet)

Der Ständige Rat (…)

beschließt, dass:

1. die Teilnehmerstaaten Maßnahmen treffen sollen, die sicherstellen, dass das Internet ein offe- nes und öffentliches Forum für Meinungsfreiheit und freie Meinungsäußerung bleibt, wie dies in der Allgemeinen Erklärung der Menschenrechte verankert ist, und die den Zugang zum Internet sowohl für Privathaushalte als auch Schulen begünstigen;

3. Die Teilnehmerstaaten Strafverfolgungsbeamte und Staatsanwälte für den Umgang mit rassis- tisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierten Verbrechen im Internet aus- und fortbilden und Informationen über erfolgreiche Aus- und Fortbildungsprogramme als Teil des Austauschs bewährter Praktiken weitergeben sollen; (…)

5. die Teilnehmerstaaten die Wirksamkeit von Rechtsvorschriften und anderen Maßnahmen zur Re- gelung der über Internet verbreiteten Inhalte untersuchen sollen, insbesondere im Hinblick auf ihre Auswirkung auf die Häufigkeit rassistischer, fremdenfeindlicher und antisemitischer Verbrechen;

6. die Teilnehmerstaaten genaue analytische Untersuchungen des möglichen Zusammenhangs zwi- schen rassistischen, fremdenfeindlichen und antisemitischen Äußerungen über Internet und der Verübung von rassistisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammen- hängende Vorurteile motivierten Verbrechen fördern und unterstützen sollen;

7. Die OSZE einen Austausch zur Feststellung wirksamer Ansätze im Umgang mit der Frage ras- sistischer, fremdenfeindlicher und antisemitischer Propaganda im Internet fördern wird, die Infor- mations- und Meinungsfreiheit nicht gefährden. Die OSZE wird Möglichkeiten für die Förderung des Austauschs bewährter Praktiken schaffen, unter anderem auf dem jährlichen Implementie- rungstreffen zur menschlichen Dimension;

8. die Teilnehmerstaaten die Einrichtung von Programmen zur Erziehung von Kindern und Ju- gendlichen im Hinblick auf rassistisch, fremdenfeindlich, antisemitisch oder durch andere damit zusammenhängende Vorurteile motivierte Aussagen fördern sollen, denen diese im Internet begeg- nen können. Auch sollen die Teilnehmerstaaten und Anbieter von Internetdiensten gegebenenfalls 5 Maßnahmen treffen, um die Eltern verstärkt auf weitgehend verfügbare Filtersoftware aufmerk- sam zu machen, die den Eltern mehr Aufsicht und Kontrolle darüber ermöglicht, wie ihre Kinder das Internet nützen. Unterlagen über erfolgreiche Unterrichtsprogramme und Filtersoftware soll- ten als Teil des Austauschs bewährter Praktiken weit verbreitet werden;

9. die Teilnehmerstaaten die anhaltenden und verstärkten Bemühungen von NROs begrüßen sol- len, das Internet im Hinblick auf rassistische, fremdenfeindliche und antisemitische Inhalte lau- fend zu kontrollieren, ebenso wie die Bemühungen von NROs, ihre Erkenntnisse weiterzugeben und öffentlich zugänglich zu machen.

299 5.3.6 Rolle der Medien

Laibach 2005 (Beschluss Nr. 10/05 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

5.4 Sie werden überlegen, in enger Zusammenarbeit mit der Zivilgesellschaft konkrete Maßnah- men, die die Informationsfreiheit und freie Meinungsäußerung nicht gefährden, zu entwickeln, mit dem Ziel, fremdenfeindliche Klischees, Intoleranz und Diskriminierung in den Medien zu be- kämpfen, und Programme zu fördern, in denen Kinder und Jugendliche auf Vorurteile oder Vor- eingenommenheit aufmerksam gemacht werden, mit denen diese vielleicht in den Medien oder im Internet konfrontiert werden; (…)

Brüssel 2006 (Beschluss Nr. 13/06 über die Bekämpfung von Intoleranz und Diskriminierung und Förderung der gegenseitigen Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

9. anerkennt die wesentliche Rolle, die freie und unabhängige Medien in demokratischen Gesell- schaften spielen können, und den großen Einfluss, den sie durch die Bekämpfung oder die Verstär- kung von verzerrten Wahrnehmungen und Vorurteilen ausüben können, und ermutigt in diesem Sinne zur Annahme freiwilliger professioneller Standards durch Journalisten, zur Medienselbst- kontrolle und zu anderen geeigneten Mechanismen, die für mehr Professionalität, größere Genau- igkeit und verbesserte Einhaltung ethischer Standards durch Journalisten sorgen sollen; (…)

Madrid 2007 (Beschluss Nr. 10/07 über Toleranz und Nichtdiskriminierung: Förderung der gegenseitiger Achtung und des Verständnisses füreinander)

Der Ministerrat, (…)

in Anerkennung der jeweils speziellen Ausprägung der verschiedenen Formen von Intoleranz, je- doch gleichzeitig feststellend, dass ein umfassender Ansatz und die Befassung mit Querschnitts- fragen erforderlich sind, etwa in den Bereichen (…) Medien und konstruktiver öffentlicher Diskurs (…), um wirksam gegen alle Formen von Diskriminierung vorgehen zu können, (…)

4. erklärt erneut seine Anerkennung für die wesentliche Rolle, die freie und unabhängige Me- dien in demokratischen Gesellschaften spielen können, und den großen Einfluss, den sie durch die Bekämpfung oder aber die Verstärkung von verzerrten Wahrnehmungen und Vorurteilen ausüben können, und ermutigt in diesem Sinne zur Annahme freiwilliger professioneller Stan- dards durch Journalisten, zur Medienselbstkontrolle und anderen geeigneten Mechanismen, die

300 5.3.6 Rolle der Medien

für mehr Professionalität, größere Genauigkeit und verbesserte Einhaltung ethischer Standards durch Journalisten sorgen sollen;

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

19. (l) die Rolle der Medien als Impulsgeber für eine pluralistische Debatte anerkennen und sie zu professionellem Verhalten und freiwilliger Selbstkontrolle ermutigen, mit dem Ziel, Toleranz für ethnische, religiöse, sprachliche und kulturelle Vielfalt zu fördern und gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, unter gleichzeitiger Beachtung der Unabhängig- keit und Freiheit der Medien zu verhüten und zu bekämpfen;

301 6. Verpflichtungen in Bezug auf spezifische Bedrohungen für die menschliche Sicherheit 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

Siehe auch: II. 4.4: Geflüchtete, Vertriebene, Zurückgekehrte und Staatenlose II. 5.2: Gleichberechtigung von Mann und Frau II. 6.2: Prävention von Menschenhandel II. 7: Verpflichtungen in Bezug auf das humanitäre Völkerrecht

Moskau 1991

[Die Teilnehmerstaaten]

(40.7) bestrebt sein, alle Formen von Gewalt gegen Frauen und Ausbeutung weiblicher Prostitu- tion zu unterbinden, einschließlich durch Gewährleistung angemessener gesetzlicher Verbote sol- cher Handlungen sowie anderer geeigneter Maßnahmen;

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

24. Wir werden Maßnahmen ergreifen, um (…) der Gewalt gegen Frauen (…) inder, der sexuellen Ausbeutung (…) Um derartige Verbrechen zu verhüten, werden wir unter anderem für die Ver- abschiedung oder Verschärfung von Gesetzen eintreten, die die Täter zur Verantwortung ziehen und den Opferschutz verbessern.

Bukarest 2001 (Beschluss Nr. 8/01)

Der Ministerrat, (…)

überzeugt vom Potenzial der Frauen, zur Konfliktverhütung, zur Aussöhnung und zum Prozess der Friedenskonsolidierung beizutragen,

in Bestätigung der Verpflichtung, die Rechte der Frauen zu schützen und zu fördern, und im Be- wusstsein der Schutzbedürftigkeit von Frauen insbesondere in und nach einem Konflikt,

entschlossen, alle Formen von Gewalt gegen Frauen, einschließlich der Gewalt in der Familie, zu bekämpfen, im Bewusstsein der Tatsache, dass Bedarf an Rehabilitationszentren für weibliche Op- fer von Gewalt besteht, (…)

ruft zur Umsetzung des Aktionsplans zu Fragen der Gleichberechtigung von Frau und Mann auf;

Sofia 2004 (Anhang zu Beschluss Nr. 14/04; OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern) • Wenn notwendig, weitere Maßnahmen zu ergreifen, um ein sicheres Umfeld für ihre Bürgerin- nen und das Recht auf gleichen rechtlichen Schutz zu gewährleisten, ins-besondere durch die 6 Verstärkung von Aktivitäten zur Beseitigung jeder Form von Gewalt gegen Frauen, (…) • Nationale und internationale Bemühungen zu unterstützen, um Täter, die Verbrechen gegen Frauen begangen haben, die nach dem geltenden Völkerrecht als Kriegsverbrechen

303 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

bzw. Verbrechen gegen die Menschlichkeit anerkannt sind, vor Gericht zu bringen, und sicher- zustellen, dass vorhandene innerstaatliche Rechtsvorschriften in Bezug auf Gewalt gegen Frauen durchgesetzt und nötigenfalls neue Rechtsvorschriften erlassen werden; • Falls sie dies noch nicht getan haben, in Befolgung der Empfehlungen in den Leitlinien über den internationalen Schutz vor Verfolgung wegen des Geschlechts im Rahmen von Artikel 1A Ziffer 2 des Abkommens von 1951 über die Rechtsstellung der Flüchtlinge bzw. seines Proto- kolls von 1967 über die Rechtsstellung der Flüchtlinge eine Verfahrenspraxis einzuführen, die sicherstellt, dass Frauen, die Flüchtlingsstatus beantragen, bei den Verfahren zur Feststellung desselben gebührend berücksichtigt werden, und dass Anträge infolge Verfolgung wegen des Geschlechts in ihrer ganzen Bandbreite gebührend anerkannt werden; (…)

Laibach 2005 (Beschluss Nr. 15/05 über Verhütung und Bekämpfung von Gewalt gegen Frauen)

Der Ministerrat,

in der Erkenntnis, dass die Achtung der Menschenrechte und Grundfreiheiten, von Demokra- tie und Rechtsstaatlichkeit im Zentrum des umfassenden Sicherheitskonzepts der OSZE steht, (…)

erneut feststellend, dass die Staaten die Pflicht haben, mit gebührender Sorgfalt Gewalt gegen Frauen und Mädchen zu verhüten und zu untersuchen, die Täter zu bestrafen und den Opfern Schutz zu bieten, und dass, wenn sie dies nicht tun, die Ausübung der Menschenrechte und Grundfreiheiten der Frauen und Mädchen behindert, beeinträchtigt oder zunichte gemacht wird, (…)

zutiefst darüber besorgt, dass Mädchen und einige Gruppen von Frauen, etwa Frauen, die natio- nalen Minderheiten angehören,indigene Frauen, Flüchtlingsfrauen und weibliche Binnenvertrie- bene, Migrantenfrauen, Frauen in ländlichen oder entlegenen Gemeinschaften, mittellose Frauen, Frauen in Institutionen oder in Haft, Frauen mit Behinderungen, ältere Frauen, Witwen, Frauen in Situationen von bewaffneten Konflikten und Frauen, die in anderer Weise diskriminiert wer- den, etwa auch aufgrund einer HIV-Infektion, bevorzugte Opfer von Gewalt bzw. besonders ge- waltgefährdet sind und daher geschützt werden müssen, (…)

mit dem Ausdruck der tiefen Besorgnis angesichts des unverminderten Ausmaßes von Gewalt ge- gen Frauen und Mädchen in der OSZE-Region sowie angesichts der menschlichen und politischen Kosten dieses Phänomens und mit der Feststellung, dass Gewalt gegen Frauen eine Bedrohung der Sicherheit des Menschen darstellt,

1. fordert die Teilnehmerstaaten eindringlich auf, mit Unterstützung und Hilfe der OSZE alle er- forderlichen gesetzgeberischen, politischen und programmatischen Kontroll- und Evaluierungs- maßnahmen zu ergreifen, um die uneingeschränkte Ausübung der Menschenrechte von Frauen zu fördern und zu schützen und alle Formen von geschlechtsspezifischer Gewalt gegen Frauen und Mädchen zu verhüten und zu bekämpfen;

2. fordert die Teilnehmerstaaten auf, das Übereinkommen zur Beseitigung jeder Form von Dis- kriminierung der Frau und das Übereinkommen über die Rechte des Kindes einzuhalten, sofern

304 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

sie Vertragsparteien sind, oder andernfalls die Ratifikation bzw. den Beitritt zu diesen Überein- kommen zu erwägen; und fordert jene Staaten, die diesen Übereinkommen beigetreten sind oder sie ratifiziert haben, auf, Vorbehalte, die dem Ziel und dem Zweck der Übereinkommen zuwider- laufen, zurückzunehmen;

3. fordert die Teilnehmerstaaten auf, die Unterzeichnung und Ratifikation bzw. den Beitritt zum Protokoll der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhan- dels, insbesondere des Frauen- und Kinderhandels,

zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kri- minalität, zum Fakultativprotokoll zum Übereinkommen über die Rechte des Kindes betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornographie und gegebenen- falls zum Übereinkommen des Europarats zur Bekämpfung des Menschenhandels zu erwägen;

4. stellt mit Bedauern fest, dass weibliche Opfer von Gewalt oft weder Schutz noch Hilfe erhalten und ersucht die Teilnehmerstaaten nachdrücklich: (i) sicherzustellen, dass alle weiblichen Opfer von Gewalt vollen, gleichberechtigten und raschen Zugang zur Justiz und zu wirksamen Rechtsmitteln, zu medizinischer und Sozialhilfe einschließ- lich Nothilfe, zu vertraulicher psychologischer Beratung sowie einen Zufluchtsort erhalten, (ii) Rechtsvorschriften zu verabschieden und anzuwenden, die geschlechtsspezifische Gewalt un- ter Strafe stellen und für angemessenen Rechtsschutz sorgen; (iii) umgehend physischen und psychischen Schutz für die Opfer, einschließlich geeigneter Zeu- genschutzmaßnahmen, bereitzustellen; (iv) Ermittlungen anzustellen und die Täter strafrechtlich zu verfolgen, wobei deren Bedarf an ei- ner entsprechenden Behandlung zu berücksichtigen ist; (v) Die volle Einbeziehung von Frauen in die Institutionen der Richterschaft, der Staatsanwalt- schaft und der Polizei zu fördern und sicherzustellen, dass alle in diesem Bereich tätigen Staats- bediensteten voll ausgebildet und in der Lage sind, Fälle von Gewalt gegen Frauen und Kinder zu erkennen, zu dokumentieren und zu bearbeiten (vi) Auf die besondere Schutz- und Hilfsbedürftigkeit von Mädchen, die Opfer von Gewalt wur- den, einzugehen

5. Stellt fest, dass Gewalt gegen Frauen und Mädchen oft nicht gemeldet und aufgenommen wird und deshalb nicht in angemessener Weise in den Statistiken erfasst wird, und ermutigt die Teil- nehmerstaaten, Bemühungen die der Sensibilisierung dienen, zu unterstützen; erhebliche zusätz- liche Anstrengungen zu unternehmen, um vergleichbare Daten zu erheben, zu analysieren und bekannt zu machen; und fachspezifische NROs ebenso wie Forschungsarbeiten zu dieser Thema- tik zu unterstützen;

6. Fordert die Teilnehmerstaaten auf, Maßnahmen zur Stärkung der wirtschaftlichen Unabhängig- keit von Frauen zu ergreifen, indem sie unter anderem für nichtdiskriminierende Beschäftigungs- politiken und -praktiken, gleichberechtigten Zugang zu Bildung und Ausbildung, gleichen Lohn für gleiche Arbeit, verbesserte Beschäftigungs- und Bildungschancen sowie für gleichberechtigten Zugang zu und gleichberechtigte Kontrolle über wirtschaftliche Ressourcen sorgen, um die Ge- fährdung von Frauen durch alle Formen von Gewalt, einschließlich häuslicher Gewalt und Men- schenhandels, zu verringern; 6

7. fordert die Teilnehmerstaaten eindringlich auf, alle notwendigen Maßnahmen zur Verhütung von geschlechtsspezifischer Gewalt gegen Frauen und Mädchen während und nach bewaffneten

305 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

Konflikten und Krisen zu ergreifen, indem sie unter anderem die Straftäter vor Gericht stellen, und spezielle Maßnahmen zu ergreifen, durch die den Bedürfnissen von Frauen und Mädchen in Situationen nach Konflikten Rechnung getragen wird;

8. Stellt fest, dass geschlechtsspezifische Straftaten in das Römische Statut des Internationalen Strafgerichtshofs und in die von der Versammlung der Vertragsstaaten des Römischen Statuts im September 2002 angenommenen Straftatbestände (Elements of Crimes) aufgenommen und die Umstände festgestellt wurden, unter denen solche Straftaten ein Verbrechen gegen die Mensch- lichkeit bzw. ein Kriegsverbrechen darstellen können;

9. ermutigt zur Verbreitung des einschlägigen Fallrechts der bestehenden Internationalen Ad-hoc- Strafgerichtshöfe für das ehemalige Jugoslawien bzw. für Ruanda sowie zur vollen Zusammenar- beit mit diesen Gerichten;

10. Beschließt, die Zusammenarbeit der OSZE mit den einschlägigen Strukturen der Vereinten Nationen, des Europarats, der Europäischen Union und anderen internationalen Organisationen sowie mit der Zivilgesellschaft und einschlägigen Nichtregierungsorganisationen zu vertiefen, um die Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen und Mädchen zu fördern;

11. beauftragt den Ständigen Rat, die entsprechenden OSZE-Institutionen und -Strukturen anzu- halten, Programme, Projekte und politische Grundsätze auszuarbeiten, die die Teilnehmerstaaten auf deren Ersuchen im Kampf gegen Gewalt gegen Frauen und Mädchen und bei der Bereitstel- lung von Opferhilfe unterstützen;

12. ersucht den Generalsekretär, der Berichterstattung über die Umsetzung dieses Beschlusses im Jahresbericht an den Ständigen Rat über den Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern besondere Aufmerksamkeit zu schenken.

Basel 2014 (Beschluss Nr. 7/14 über Verhütung und Bekämpfung von Gewalt gegen Frauen)

Der Ministerrat,

In Bekräftigung der Verpflichtung zur Achtung der Menschenrechte und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion, (…)

Daran erinnernd, dass es Frauen möglich sein muss, ihre Menschenrechte in vollem Umfang und gleichberechtigt auszuüben, damit ein friedlicheres, wohlhabenderes und demokratischeres OSZE- Gebiet entsteht, und dass die OSZE-Teilnehmerstaaten entschlossen sind, die Gleichstellung von Männern und Frauen zum Bestandteil ihrer Politik zu machen, (…)

306 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

fordert die Teilnehmerstaaten auf, bei der Erstellung der rechtlichen Rahmenbedingungen und der Bildung von Partnerschaften, der Verhütung und strafrechtlichen Verfolgung von Gewalt ge- gen Frauen und dem Opferschutz folgende Maßnahmen zur Bekämpfung und Verhütung von Ge- walt gegen Frauen zu ergreifen;

fordert die Teilnehmerstaaten auf, allen Frauen den Schutz und die volle Achtung der Menschen- rechte und Grundfreiheiten zu garantieren;

verurteilt auf Schärfste jede durch nichts zu rechtfertigende Form von Gewalt gegen Frauen, wie sie in der Erklärung über die Beseitigung der Gewalt gegen Frauen beschrieben sind;

(A) Rechtlicher Rahmen

1. fordert die Teilnehmerstaaten auf:

gegebenenfalls vom BDIMR erstellte Gutachten über rechtliche und politische Rahmenbedingun- gen für die Verhütung und Bekämpfung von Gewalt gegen Frauen, etwa auch von häuslicher Ge- walt, anzufordern,

Verlässliche, vergleichbare, aufgeschlüsselte und umfassende evidenzbasierte Daten und Statistiken über jede Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, unter Beachtung ihrer Datenschutzbestimmungen zu erheben, zu verwalten und öffentlich zu machen, darunter auch Informationen über die Anzahl der bei den Strafverfolgungsbehörden angezeigten Fälle, die Anzahl der Fälle, in denen Ermittlungen eingeleitet bzw. die tatsächlich verfolgt wur- den, sowie das verhängte Strafmaß;

ihre innerstaatlichen Rechtsvorschriften, soweit noch nicht geschehen, an die einschlägigen inter- nationalen Standards, zu denen sie sich verpflichtet haben, und die OSZE-Verpflichtungen betref- fend alle Formen von Gewalt gegen Frauen anzupassen und bei der Ausarbeitung entsprechender Gesetze bewährte Praktiken zu berücksichtigen;

gegebenenfalls die Unterzeichnung und Ratifizierung einschlägiger regionaler und internationa- ler Instrumente, zum Beispiel des Übereinkommens des Europarats zur Verhütung und Bekämp- fung von Gewalt gegen Frauen und häuslicher Gewalt in Erwägung zu ziehen.

2. beauftragt die OSZE-Durchführungsorgane:

den Austausch nachahmenswerter Verfahren in Bezug auf Rechtsvorschriften zur Bekämpfung jeder Form von Gewalt gegen Frauen im Rahmen ihrer Mandate zu fördern;

(B) Verhütung

3. legt den Teilnehmerstaaten nahe:

mit Aufklärungs- und Sensibilisierungsaktivitäten verstärkt an die Öffentlichkeit zu treten und gegen negative Klischeevorstellungen, Einstellungen und Vorurteile, die zu allen Formen von Ge- walt gegen Frauen beitragen, Stellung zu beziehen, 6 durch geeignete Maßnahmen Männer und Jungen verstärkt in die Verhütung und Beseitigung je- der Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, einzubinden;

307 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

Maßnahmen zu ergreifen, um das Bewusstsein für den Teufelskreis von Gewalt zu heben, der durch in der Kindheit und Jugend erlebte körperliche, sexuelle und psychische Gewalt entstehen kann,

Programme zu entwickeln, um mit den Urhebern von Gewalt gegen Frauen sowohl während des Strafvollzugs als auch nach ihrer Entlassung zu arbeiten und Wiederholungstaten zu vermeiden;

medizinische Betreuung, psychologische Beratung und Schulungen bereitzustellen und andere Maßnahmen vorzusehen, um eine sekundäre Viktimisierung oder Traumatisierung, etwa auch während des Gerichtsverfahrens, zu vermeiden.

4. beauftragt die OSZE-Durchführungsorgane:

die Zusammenarbeit mit maßgeblichen Akteuren internationaler und regionaler Organisationen bei der Sammlung von nach Geschlecht aufgeschlüsselten Daten und Statistiken über alle Formen von Gewalt gegen Frauen im OSZE-Raum zu verbessern,

Die Teilnehmerstaaten auf deren Ersuchen in ihren Bemühungen zur Förderung umfassender, wirksamer und evidenzbasierter Ansätze zur Bekämpfung jeder Form von Gewalt gegen Frauen, einschließlich sexueller und häuslicher Gewalt, und um ein besseres Eingehen auf die Bedürfnisse aller Opfer zu unterstützen.

5. legt den Teilnehmerstaaten nahe:

dafür Sorge zu tragen, dass Opfer jeglicher Form von Gewalt gegen Frauen schnell und ausführ- lich über die verfügbaren rechtlichen Maßnahmen und Unterstützungsdienste wie Kriseninter- ventionszentren für Opfer von sexueller Gewalt, Frauenhäuser oder vergleichbare Einrichtungen sowie Gesundheitsdienste informiert werden und dass diese Einrichtungen leicht erreichbar sind;

Programme und Aktivitäten zur Stärkung und Unterstützung weiblicher Gewaltopfer zu fördern.

6. beauftragt die OSZE-Durchführungsorgane:

den Teilnehmerstaaten auf deren Ersuchen Hilfestellung beim Ausbau ihrer Kapazitäten für den Schutz der Opfer jeder Form von Gewalt gegen Frauen zu leisten,

den Austausch schutzrelevanter Informationen, Erfahrungen und bewährter Praktiken zwischen den Teilnehmerstaaten zu erleichtern;

Teilnehmerstaaten, die darum ersuchen, technische Hilfe bei der Organisation von Unterstüt- zungsdiensten wie Telefon-Hotlines, Krisenzentren usw. zu leisten,

interessierten Teilnehmerstaaten fachspezifische Ausbildungskurse für Angehörige von Berufs- gruppen anzubieten, die mit Opfern oder Tätern jeder Form von Gewalt gegen Frauen, einschließ- lich sexueller und häuslicher Gewalt, zu tun haben.

(D) Strafrechtliche Verfolgung

7. legt den Teilnehmerstaaten nahe:

308 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

größere Anstrengungen zu unternehmen, um jede Form von Gewalt gegen Frauen zu untersu- chen und zu verfolgen, die Täter zu bestrafen und den Opfern Schutz und geeignete Abhilfemaß- nahmen zu bieten,

Für die Ausarbeitung und wirksame Durchsetzung von Rechtsvorschriften zu sorgen, die Gewalt gegen Frauen unter Strafe stellen und Vorkehrungen zur Verhütung und zum Schutz enthalten, etwa in Form von Kontakt- und Näherungsverboten oder Schutzanordnungen, wo solche Maß- nahmen vorgesehen sind, und die Untersuchung, Klageerhebung und angemessene Bestrafung der Täter vorsehen, unter anderem um sicherzustellen, dass die Täter nicht länger ungestraft bleiben.

(E) Partnerschaft

8. legt den Teilnehmerstaaten nahe:

Umfassende und koordinierte nationale politische Konzepte zur Bekämpfung aller Formen von Gewalt gegen Frauen zu entwickeln, in die alle maßgeblichen Akteure wie Strafverfolgungsbehör- den und Justiz, Parlamente, nationale Menschenrechtsinstitutionen, Gesundheitswesen und sozi- ale Dienste sowie Organisationen der Zivilgesellschaft eingebunden sind.

9. beauftragt die OSZE-Durchführungsorgane:

die Zusammenarbeit mit maßgeblichen Akteuren internationaler und regionaler Organisationen zu verstärken,

Mailand 2018 (Beschluss Nr. 4/18 über Verhütung und Bekämpfung von Gewalt gegen Frauen)

Der Ministerrat,

entschlossen, dafür Sorge zu tragen, dass Frauen und Mädchen die Menschenrechte und Grund- freiheiten uneingeschränkt und gleichberechtigt genießen können,

in Bekräftigung aller einschlägigen OSZE-Verpflichtungen, (…), über die Verhütung und Bekämp- fung von Gewalt gegen Frauen (…)

eingedenk der Bedeutung, die der Verhütung und Bekämpfung von Gewalt gegen Frauen und Mädchen für die Umsetzung der diesbezüglichen Ziele für nachhaltige Entwicklung der Agenda 2030 der Vereinten Nationen für nachhaltige Entwicklung zukommt,

In der Erkenntnis, dass eine der tieferen Ursachen für Gewalt gegen Frauen und Mädchen die Un- gleichheit zwischen Frauen und Männern ist, und dass insbesondere Diskriminierung und wirt- schaftliche Ungleichheiten, etwa auch die fehlende wirtschaftliche Unabhängigkeit, das Risiko von Frauen, Gewalt zu erfahren, erhöhen können, Zutiefst besorgt über das Fortbestehen aller Formen 6 von Gewalt gegen Frauen und Mädchen als eines der massivsten Hindernisse, die Frauen vom vol- len Genuss aller Menschenrechte und ihrer vollen, gleichberechtigten und wirksamen Teilhabe am politischen, wirtschaftlichen und öffentlichen Leben abhalten,

309 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

Mit der Feststellung, dass Gewalt gegen Frauen und Mädchen tödlich sein kann oder Frauen und Mädchen jeglichen Alters körperliches, sexuelles, psychologisches, wirtschaftliches, politisches und soziales Leid zufügen und direkt oder indirekt kurz- und längerfristig gesellschaftliche, poli- tische und wirtschaftliche Kosten verursachen kann,

ferner feststellend, dass Gewalt gegen Frauen und Mädchen vielerlei Formen annehmen kann, ein- schließlich häuslicher oder sexueller Gewalt, schädlicher Praktiken, Menschenhandels, sexueller und anderer Arten von Ausbeutung und sexueller Belästigung,

in der Erkenntnis, dass Frauen und Mädchen vielen verschiedenen Arten von Diskriminierung ausgesetzt sein können, mitunter mehreren gleichzeitig, weshalb sie ein erhöhtes Risiko von Ge- walt tragen, und dass die Kombination mehrerer Formen von Diskriminierung zu weiterer Dis- kriminierungen führen kann,

ferner in Anerkennung der wichtigen Rolle, die die Streitkräfte, die Strafverfolgungsbehörden, die Justiz und andere Vertreter der Rechtsberufe bei der Befassung mit allen Formen von Gewalt ge- gen Frauen und Mädchen spielen,

ferner in der Erkenntnis, dass Missbrauch, Bedrohungen und Belästigung, einschließlich sexueller Belästigung, immer häufiger werden, insbesondere durch die digitale Technik, und dazu führen können, dass Frauen und Mädchen im öffentlichen Raum immer weniger gehört werden,

in dem Bewusstsein, dass Frauen, die berufsbedingt in der Öffentlichkeit stehen und/oder im Inte- resse der Allgemeinheit tätig sind, eher Gefahr laufen, im Zusammenhang mit ihrer Berufstätigkeit konkreten Formen von Gewalt oder Missbrauch, Bedrohungen und Belästigung ausgesetzt zu sein,

In der Erwägung, dass die Adoleszenz eine wichtige Phase in der sozialen Entwicklung eines Men- schen ist, und in der Erkenntnis, dass diese Phase häufig durch anhaltende Ungleichheiten, nega- tive Einstellungen, Verhaltensweisen und Geschlechter- Stereotypen geprägt ist, die Mädchen und junge Frauen einem erhöhten Risiko der Diskriminierung

in Anerkennung der Wichtigkeit, Jungen und Männer in die Bemühungen um die Beseitigung von Diskriminierung und aller Formen von Gewalt gegen Frauen und Mädchen aktiv einzubinden, unter anderem durch ein Eingehen auf die tieferen Ursachen geschlechtsspezifischer Ungleichheit und Gewalt und durch die Hebung des Bewusstseins für die Auswirkung negativer Einstellun- gen, Verhaltensweisen und von Geschlechter-Stereotypen, die der Diskriminierung und Gewalt zugrunde liegen und sie weiter fortbestehen lassen,

Kenntnis nehmend von den bewusstseinsbildenden Bemühungen des OSZE-Netzwerks MenEn- gage* in Bezug auf die wichtige Rolle, die Jungen und Männer bei der Beseitigung der Diskrimi- nierung und aller Formen von Gewalt gegen Frauen und Mädchen spielen können,

in der Erkenntnis, dass sexuelle Belästigung im öffentlichen und im privaten Raum, insbeson- dere am Arbeitsplatz und in Bildungseinrichtungen Frauen und Mädchen dabei beeinträchtigt, Menschenrechte und Chancengleichheit uneingeschränkt wahrzunehmen und damit in ihrer Fä- higkeit schwächt, sich am Arbeitsplatz und in Bildungseinrichtungen zu behaupten und/oder Kar- riere zu machen,

* Das OSZE-Netzwerk MenEngage gehört nicht der MenEngage Alliance an. Das OSZE-Netzwerk MenEngage ist ein geschlossenes, OSZE-internes Netzwerk.

310 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

in Anerkennung der Rolle der Zivilgesellschaft als einem wichtigen Partner der Regierung, auch auf lokaler Ebene, bei der Verhütung und Bekämpfung von Gewalt gegen Frauen und Mädchen,

Kenntnis nehmend von der Arbeit der Parlamentarischen Versammlung der OSZE zur Bekämp- fung von Gewalt gegen Frauen, fordert die Teilnehmerstaaten auf:

1. den Zugang zu Gerichten, eine wirksame Untersuchung, und die strafrechtliche Verfolgung der Täter sicherzustellen und für Opfer aller Formen von Gewalt gegen Frauen und Mädchen unter Achtung von deren Rechten und Privatsphäre einen angemessenen Schutz und Unterstützung bei der Rehabilitation und Wiedereingliederung bereitzustellen;

2. Maßnahmen in Bezug auf die Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen und Mädchen zu treffen, unter anderem durch Bewusstseinsbildung und Kapazitätsaufbau für die Streitkräfte, Strafverfolgungsbehörden, die Justiz und andere Vertreter der Rechtsberufe;

4. Aufklärungskampagnen über die Gefahren einzelner Formen von Gewalt, denen Frauen und Mädchen, auch durch digitale Technologien, ausgesetzt sind, und über ihre Rechte und die für die Opfer von derartiger Gewalt verfügbare Unterstützung zu organisieren;

5. Maßnahmen gegen Gewalt, Missbrauch, Drohungen und Belästigung, auch durch digitale Tech- nologien, die gegen Frauen gerichtet sind, zu treffen;

6. in Absprache mit Unternehmen, die auf dem Gebiet der Informations- und Kommunikations- technik (IKT) tätig sind, Maßnahmen zu ergreifen, um gegen konkrete Formen von Gewalt vor- zugehen, denen Frauen und Mädchen durch digitale Technologien ausgesetzt sind;

7. Alle maßgeblichen Akteure, einschließlich derjenigen, die in den politischen Prozess eingebun- den sind, dazu zu ermutigen, zur Verhütung und Bekämpfung aller Formen von Gewalt gegen Frauen beizutragen, einschließlich gegen Frauen, die berufsbedingt in der Öffentlichkeit stehen und/oder im Interesse der Allgemeinheit tätig sind, unter anderem indem sie die Frage in öffent- lichen Debatten zur Diskussion stellen und Initiativen zur Bewusstseinsbildung und andere geeig- nete Maßnahmen entwickeln, nicht zuletzt in Anbetracht der entmutigenden Auswirkung dieser Gewalt auf junge Frauen;

8. Initiativen in die einschlägigen nationalen politischen Konzepte und Strategien zu überneh- men, um die Einbindung von Jungen und Männern in die Bemühungen um die Verhütung und Bekämpfung von Gewalt gegen Mädchen und Frauen zu fördern, auch durch die Umsetzung be- wusstseinsbildender Aktivitäten, in deren Mittelpunkt die positive, gleichberechtigte und gewalt- freie Rolle steht, die Jungen und Männer diesbezüglich spielen können, und indem sie negative Einstellungen, Verhaltensweisen und Geschlechter-Stereo- typen aufzeigen und ansprechen, durch die diese Form von Gewalt aufrechterhalten wird;

9. Maßnahmen gegen sexuelle Belästigung im öffentlichen und im privaten Raum, darunter auch 6 am Arbeitsplatz und in Bildungseinrichtungen, zu ergreifen und Arbeitgeber im öffentlichen und im privaten Sektor zur Anwendung dieser Maßnahmen zu ermutigen;

311 6.1 Prävention von geschlechtsspezifischer Verfolgung, Gewalt und Ausbeutung

10. Maßnahmen zu ergreifen, um allen Mädchen gleichberechtigten Zugang zu hochwertiger Bil- dung zu ermöglichen; die wirtschaftliche Ermächtigung und Unabhängigkeit von Frauen zu stär- ken, auch durch Sicherstellung einer nichtdiskriminierenden Einstellungspolitik und -praxis, des gleichberechtigten Zugangs zu Bildung und Ausbildung, der gleichen Entlohnung für gleiche Ar- beit und des gleichberechtigten Zugangs zu wirtschaftlichen Ressourcen und der gleichberechtig- ten Verfügungsgewalt darüber;

11. zur Einbindung der Zivilgesellschaft in die Verhütung und Bekämpfung von Gewalt gegen Frauen zu ermutigen;

beauftragt die zuständigen Durchführungsorgane der OSZE, im Einklang mit ihrem Mandat:

12. den Teilnehmerstaaten auf deren Ersuchen bei der Verbesserung ihrer rechtlichen und politi- schen Rahmenbedingungen und der Umsetzung von Maßnahmen zur Verhütung und Bekämp- fung aller Formen von Gewalt gegen Frauen zu helfen;

13. die Zusammenarbeit mit einschlägigen internationalen und regionalen Organisationen fortzu- setzen, um nach Geschlecht aufgeschlüsselte Daten und Statistiken über die Häufigkeit aller For- men von Gewalt gegen Mädchen und Frauen im OSZE-Raum zu erheben;

14. den Teilnehmerstaaten und zivilgesellschaftlichen Organisationen für den Austausch bewähr- ter Verfahren zur Verhütung und Bekämpfung aller Formen von Gewalt gegen Mädchen und Frauen Unterstützung zur Verfügung zu stellen, unter anderem durch die Einbindung von Jun- gen und Männern;

15. die Teilnehmerstaaten auf deren Ersuchen bei der Ausarbeitung und Überarbeitung der Rechts- vorschriften, Strategien und Maßnahmen gegen sexuelle Belästigung im privaten und im öffentli- chen Raum, auch am Arbeitsplatz und in Bildungseinrichtungen, zu unterstützen;

16. Weiterhin die vollständige Umsetzung des OSZE-Verhaltenskodex für Personal- angehörige/ Missionsmitarbeiter der OSZE und der OSZE-Strategie für das berufliche Arbeitsumfeld sicherzu- stellen und die Notwendigkeit einer Stärkung und/oder einer intensiveren diesbezüglichen Schu- lung zu prüfen, und dabei auch durch Bemühungen des leitenden Managements zu unterstreichen, dass in Bezug auf sexuelle Belästigung ein Nulltoleranz-Ansatz verfolgt wird.

17. Ermutigt die Teilnehmerstaaten und die maßgeblichen Durchführungsorgane der OSZE, die Beteiligung an gemeinsamen Aktivitäten mit der Parlamentarischen Versammlung der OSZE und deren Sonderbeauftragten für Genderfragen zu prüfen.

Tirana 2020, (Beschluss Nr. 7/20 über Verhütung und Beseitigung von Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe) (…)

Anerkennend, dass Frauen und Mädchen, denen die Freiheit entzogen ist, einem besonderen Ri- siko der Folter und anderer grausamer, unmenschlicher oder erniedrigender Behandlung oder Strafe ausgesetzt sind, und in Anerkennung der Wichtigkeit der Verfolgung eines gendersensiblen Ansatzes bei der Bekämpfung von Folter und anderer grausamer, unmenschlicher oder ernied- rigender Behandlung oder Strafe, der dieses besondere Risiko und die spezifischen Bedürfnisse von Frauen und Mädchen berücksichtigt, indem insbesondere auf sexuelle Gewalt gegen Frauen und Mädchen sowie geschlechtsspezifische Gewalt gegen Frauen und Mädchen besonderes Au- genmerk gerichtet wird, und unter Berücksichtigung der Grundsätze der Vereinten Nationen für

312 6.2 Prävention von Menschenhandel

die Behandlung weiblicher Gefangener und für nicht freiheitsentziehende Maßnahmen für weib- liche Straffällige (Bangkok-Regeln),

6.2 Prävention von Menschenhandel

Siehe auch: Part I. 2.3.4 D: Der Sonderbeauftragte für die Bekämpfung des Menschenhandels

6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Moskau 1991

(40) Die Teilnehmerstaaten (…) werden (…) (40.7) – bestrebt sein, alle (…) Formen von Frauenhandel und Ausbeutung weiblicher Prostitution zu unterbinden, einschließlich durch Gewährleistung angemessener gesetzlicher Verbote solcher Handlungen sowie anderer geeigneter Maßnahmen;

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

24. Wir werden Maßnahmen ergreifen, um (…), der sexuellen Ausbeutung und jeder Form des Menschenhandels ein Ende zu setzen. Um derartige Verbrechen zu verhüten, werden wir unter an- derem für die Verabschiedung oder Verschärfung von Gesetzen eintreten, die die Täter zur Ver- antwortung ziehen und den Opferschutz verbessern.

Wien 2000 (Beschluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel)

Der Ministerrat, (…)

in der Erkenntnis, dass der Menschenhandel zu einem immer größeren Problem wird, und über- zeugt von der Notwendigkeit, dass die OSZE ihre Bemühungen im Kampf gegen den Menschen- handel in der gesamten OSZE-Region – auch während eines Konflikts und danach – verstärkt und zum Schutz der Menschenrechte und zum Kampf gegen die grenzüberschreitende organi- sierte Kriminalität einen Beitrag zu nationalen, regionalen und internationalen Bemühungen ge- gen den Menschenhandel leistet,

1. bekräftigt, dass der Menschenhandel eine verabscheuenswürdige Menschenrechtsverletzung und ein schweres Verbrechen ist, das eine umfassendere und koordiniertere Reaktion der Teilnehmer- staaten und der internationalen Gemeinschaft sowie eine bessere Abstimmung und Zusammen- arbeit zwischen den Ländern – insbesondere den Herkunfts-, Transit- und Zielländern – verlangt;

2. begrüßt die Verabschiedung des Protokolls zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, durch die Generalversammlung der Vereinten Nationen in Ergänzung des Übereinkommens der Vereinten Nationen gegen die 6 grenzüberschreitende organisierte Kriminalität sowie die darin enthaltene Definition des Men- schenhandels und ruft alle Teilnehmerstaaten auf, das UN-Protokoll und das Fakultativprotokoll

313 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

zur Konvention über die Rechte des Kindes über den Verkauf von Kindern, Kinderprostitution und Kinderpornografie zu unterzeichnen und zu ratifizieren;

3. ist sich dessen bewusst, dass die Hauptverantwortung für die Bekämpfung des Menschenhan- dels in Form eines ganzheitlichen und koordinierten Lösungsansatzes, der die Verhütung des Men- schenhandels, den Opferschutz und die Verfolgung der Händler und ihrer Komplizen einschließt, bei den Teilnehmerstaaten liegt;

4. unterstreicht, dass es Aufgabe der nationalen Parlamente ist, unter anderem die für die Bekämp- fung des Menschenhandels erforderlichen Gesetze zu verabschieden, und begrüßt die Absätze 106 und 107 der Bukarester Erklärung der Parlamentarischen Versammlung über den Menschenhandel;

5. kommt überein, die Aktivitäten der OSZE im Kampf gegen den Menschenhandel zu verstär- ken, und betont die Notwendigkeit einer intensiveren Zusammenarbeit zwischen den einzelnen OSZE-Institutionen sowie zwischen der OSZE und anderen internationalen Organisationen wie den einschlägigen Sonderorganisationen der Vereinten Nationen, der Internationalen Organisa- tion für Migration, dem Europarat, der Europäischen Union und Interpol;

6. unterstützt die Tätigkeit der Arbeitsgruppe „Menschenhandel“ des Stabilitätspakts und appel- liert insbesondere an die Regierungen der betroffenen Region, in der Arbeitsgruppe eine aktive Rolle zu spielen; (…)

8. wird bestrebt sein, Aufklärung über alle Aspekte des Menschenhandels zu betreiben, auch mit Unterstützung des BDIMR, nichtstaatlicher Organisationen und anderer einschlägiger Institutio- nen, erforderlichenfalls durch die Einrichtung von Schulungsprogrammen für Beamte, unter an- derem für Mitarbeiter der Vollzugs-, Justiz-, Konsular- und Einwanderungsbehörden;

9. sagt zu, notwendige Maßnahmen zu ergreifen, unter anderem durch die Verabschiedung und Durchsetzung von Rechtsvorschriften, um den Menschenhandel unter Strafe zu stellen, und ein angemessenes Strafausmaß vorzusehen, um eine wirksame Reaktion seitens des Gesetzesvollzugs und die Verfolgung zu gewährleisten. Diese Rechtsvorschriften sollten an das Problem des Men- schenhandels unter menschenrechtlichen Gesichtspunkten herangehen und Bestimmungen für den Schutz der Menschenrechte der Opfer einschließen, durch die sichergestellt wird, dass Perso- nen, die Opfer von Menschenhandel wurden, nicht allein wegen dieser Tatsache verfolgt werden;

11. Ermutigt dazu, gegebenenfalls Regierungsvertreter für Fragen des Menschenhandels zu ernen- nen, um die nationalen Aktivitäten zu koordinieren und für regionale und internationale Zusam- menarbeit zu sorgen, und die betreffende Kontaktstelle den anderen Teilnehmerstaaten bekannt zu geben; (…)

Bukarest 2001 (Beschluss Nr. 6/01)

Der Ministerrat,

unter erneutem Hinweis auf seine Verpflichtung, den Menschenhandel, von dem alle Teilnehmer- staaten betroffen sind, in all seinen Formen zu bekämpfen,

314 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

in Bestätigung seiner Verpflichtung, die Zusammenarbeit und das Zusammenwirken zwischen den Teilnehmerstaaten in Bezug auf Maßnahmen gegen den Menschenhandel und damit zusam- menhängende Verbrechen auszubauen,

ruft die Teilnehmerstaaten dazu auf, das Übereinkommen der Vereinten Nationen gegen die grenz- überschreitende organisierte Kriminalität und dessen Protokoll zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zu unterzeich- nen und zu ratifizieren; (…)

ermutigt zu einem Informationsaustausch im Hinblick auf verstärkte Untersuchungen, Strafver- folgung und Verbrechensverhütung;

ruft die Teilnehmerstaaten dazu auf, rascher die notwendigen Maßnahmen zur Erfüllung ihrer auf dem Ministerratstreffen von Wien eingegangenen Verpflichtungen zu ergreifen, die die Ver- hütung des Menschenhandels, den Opferschutz und die Verfolgung der Händler und ihrer Kom- plizen einschließen.

Porto 2002 (Erklärung zum Menschenhandel)

Wir, die Mitglieder des OSZE-Ministerrats, erklären, dass der Menschenhandel eine gefährliche Bedrohung für die Sicherheit im OSZE-Gebiet und darüber hinaus darstellt.

Wir erklären, dass der Menschenhandel und andere moderne Formen der Sklaverei eine abscheu- liche Verletzung der Würde und der Rechte von Menschen darstellen.

Wir sind uns der Tatsache bewusst, dass der Menschenhandel ein ernst zu nehmender und rasch expandierender Zweig des grenzüberschreitenden organisierten Verbrechens ist, der für krimi- nelle Netzwerke, die auch mit Straftaten wie dem unerlaubten Waffen- und Drogenhandel und dem Schmuggel von Migranten in Verbindung zu bringen sind, riesige Gewinne abwirft.

Wir verweisen auf die Verpflichtung der OSZE, den Menschenhandel zu bekämpfen, (…), und bekräftigen unser Bekenntnis zur vollen Einhaltung dieser Verpflichtung und erklären unsere Entschlossenheit, beim Vorgehen gegen den Menschenhandel in den Herkunfts-, Transit- und Zielländern verstärkt zusammenzuarbeiten.

(…) Wir erklären, dass die Ratifikation und vollständige Umsetzung dieser beiden Vertragswerke die internationalen und nationalen rechtlichen Rahmenbedingungen und die Möglichkeiten der Strafverfolgungsbehörden zur Bekämpfung des Menschenhandels verstärken werden. Wir ermu- tigen die Staaten nachdrücklich, gleichzeitig auch die Ratifikation und vollständige Umsetzung des Protokolls gegen die Schleusung von Migranten auf dem Land-, See- und Luftweg, ebenfall- sin Ergänzung des genannten Übereinkommens, in Erwägung zu ziehen (…)

Wir erkennen die Notwendigkeit an, auf die tieferen Ursachen des Menschenhandels einzuge- hen und die wirtschaftlichen und sozialen Ungleichheiten und Benachteiligungen abzubauen, die 6 ebenfalls illegale Migration bewirken und die organisierte kriminelle Netzwerke zu ihrem Vorteil nutzen können. Ferner erkennen wir die Notwendigkeit an, die Korruption zu bekämpfen, die das Funktionieren dieser Netzwerke erleichtert. (…)

315 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Wir sind uns der Tatsache bewusst, dass die Nachfrage in den Zielländern nach den Diensten von Personen, die Opfer des Menschenhandels zum Zwecke der sexuellen Ausbeutung, der Zwangsar- beit, der Sklaverei oder anderer sklavereiähnlicher Praktiken wurden, untrennbar mit dem Men- schenhandel verbunden ist. Wir fordern die Zielländer nachdrücklich auf, wirksame Maßnahmen gegen diese Nachfrage zu einem zentralen Element ihrer Strategie zur wirksamen Verhütung und Bekämpfung des Menschenhandels zu machen und gegenüber sexueller Ausbeutung, Sklaverei und allen Formen der Ausbeutung von Zwangsarbeit gleich welcher Art null Toleranz zu üben.

Wir sind tief besorgt über Berichte, denen zufolge einige Missionsmitglieder internationaler Orga- nisationen vor allem in Ländern nach einem Konflikt an Aktivitäten im Zusammenhang mit Men- schenhandel beteiligt sind. Wir verweisen erneut auf die Wichtigkeit des Beschlusses Nr. 426 des Ständigen Rates vom 12. Juli 2001 über den Menschenhandel und ermutigen zur Verabschiedung und Umsetzung einschlägiger Maßnahmen wie etwa des „OSZE-Verhaltenskodex für Missions- mitglieder“. Wir werden es nicht dulden, dass internationale Bedienstete an illegalen Aktivitäten beteiligt sind, zu diesem verbrecherischen Handel anstiften oder gegen den erwähnten Verhaltens- kodex verstoßen. Wir verpflichten uns, alle nur vertretbaren Maßnahmen zu ergreifen, um sicher- zustellen, dass internationale Bedienstete von ihren jeweiligen nationalen – und gegebenenfalls örtlichen – Behörden für derartige Handlungen zur Rechenschaft gezogen werden.

Wir äußern unsere Besorgnis über den zunehmenden Handel mit Minderjährigen und befür- worten in Anerkennung der besonderen Bedürfnisse von Kindern weitere Studien und einen ver- stärkten Informationsaustausch über den Kinderhandel; unter gebührender Bedachtnahme auf das Kindeswohl, das bei allen Maßnahmen, die Kinder betreffen, vorrangig zu berücksichtigen ist, fordern wir die Ausarbeitung von eigenen Maßnahmen zum Schutz minderjähriger Opfer des Menschenhandels vor weiterer Ausbeutung unter Bedachtnahme auf ihr seelisches und körper- liches Wohlergehen.

Wir werden danach trachten, geeignete Maßnahmen zur Verhütung des Menschenhandels in un- seren Ländern zu ergreifen, etwa in Form zielgerichteter Aufklärungskampagnen und Erziehung in den Herkunfts- und Transitländern, die sich insbesondere an die Jugend und andere gefähr- dete Gruppen richten, und werden bemüht sein, entsprechende Kampagnen in den Zielländern zu erarbeiten, Schulungen für die zuständigen öffentlichen Bediensteten und Staatsbeamten in den Bereichen Strafverfolgung, Grenzkontrolle, Strafrechtspflege und soziale Dienste zu organisieren und volle Zusammenarbeit mit NGOs in diesem Bereich zu empfehlen. (…)

Wir betonen erneut die Notwendigkeit einzelstaatlicher Strategien, um die Kräfte im Kampf ge- gen den Menschenhandel zu vereinen und die Koordination zwischen nationalen, internationa- len und regionalen Organisationen in diesem Bereich zu verbessern. Dieser Notwendigkeit könnte durch Maßnahmen wie die Einsetzung ressortübergreifender Gremien und nationaler Koordina- toren oder gegebenenfalls anderer einschlägiger Gremien oder Mechanismen entsprochen werden.

III.

Wir kommen überein, die Zusammenarbeit zwischen den zuständigen OSZE-Strukturen und -In- stitutionen sowie zwischen der OSZE und anderen einschlägigen internationalen Organisationen und Akteuren, einschließlich der Vereinten Nationen und ihrer Sonderorganisationen, des Euro- parats, der Europäischen Union und der Internationalen Organisation für Migration, auf Grund- lage eines mehrdimensionalen Ansatzes zu vertiefen, und beauftragen den Ständigen Rat zu prüfen,

316 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

wie eine solche Zusammenarbeit im Hinblick auf die Bekämpfung des Menschenhandels besser sichergestellt werden kann (…)

Maastricht 2003 (Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels)

Der Ministerrat, (…)

1. beschließt, den als Anhang zu diesem Beschluss beigefügten Aktionsplan der OSZE zur Be- kämpfung des Menschenhandels zu billigen, und

2. richtet unter der Führung des Ständigen Rates einen OSZE-Mechanismus ein, der die Teilneh- merstaaten im Kampf gegen den Menschenhandel unterstützt. Der Mechanismus wird aus zwei einander ergänzenden Teilen bestehen: einem/einer vom Amtierenden Vorsitz ernannten Sonder- beauftragten und einer Sondergruppe im Sekretariat (…)

Maastricht 2003 (Anhang zum Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels; Aktionsplan der OSZE zur Bekämpfung des Menschenhandels)

IV. Prävention von Menschenhandel (…)

1. Datensammlung und Forschung 1.1 Sammlung gesonderter Daten über Frauen, Männer und Kinder, die vom Menschenhandel be- troffen sind, und Verbesserung der Forschung und Daten-analyse bezüglich Themen wie Art und Ausmaß des Menschenhandels und die Methoden, die organisierte kriminelle Gruppen für den Menschenhandel und die Ausbeutung entwickelt haben, im Hinblick auf die Entwicklung wirk- samer und zielgerichteter Maßnahmen zur Verhütung des Menschenhandels. Förderung weiterer Forschung und von verstärktem Informationsaustausch über Kinderhandel. 1.2 Ermittlung der schutzbedürftigsten Bevölkerungsgruppen und Entwicklung eigener auf sie ausgerichteter Aufklärungskampagnen. 1.3 Weiter gehende Analyse der tieferen Ursachen des Menschenhandels, seiner Nachfrage- und Angebotsfaktoren, seiner Netzwerke und wirtschaftlichen Auswirkungen sowie seines Zusam- menhangs mit illegaler Migration.

2. Maßnahmen an den Grenzen 2.1 Unbeschadet der internationalen Verpflichtungen betreffend den freien Personenverkehr, so- weit wie möglich Verstärkung der Grenzkontrollen, die erforderlich sind, um den Menschenhan- del verhüten und aufdecken zu können. 2.2 Ergreifen gesetzgeberischer oder anderer geeigneter Maßnahmen, um soweit wie möglich zu verhindern, dass die von gewerblichen Beförderungsunternehmern betriebenen Transportmittel zur Begehung der in den Bestimmungen gegen Menschenhandel umschriebenen Straftaten be- nutzt werden. 2.3 Gegebenenfalls und unbeschadet der anwendbaren internationalen Überein-kommen Verpflich- tung gewerblicher Beförderungsunternehmen, einschließlich Transportunternehmer, Besitzer oder 6 Betreiber aller Arten von Transportmitteln, sich dessen zu vergewissern, dass alle Passagiere im Besitz gültiger Reisedokumente sind. In Übereinstimmung mit innerstaatlichem Recht Ergreifen der notwendigen Maßnahmen, um im Falle eines Verstoßes Sanktionen vorzusehen.

317 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

3. Wirtschaftliche und soziale Strategien zur Beseitigung der eigentlichen Ursachen des Men- schenhandels 3.1 In den Herkunftsländern: • Erwägung folgender Zielsetzungen als vorrangig: die Förderung von sozialer, wirtschaftlicher und politischer Stabilität und die Verringerung sowohl der durch größte Armut bedingten Migration als auch der den Menschenhandel begünstigenden Faktoren. Jede Politik, die sich diesen Zielen verschreibt, sollte sowohl die Wirtschaftsentwicklung als auch die soziale Integration fördern; • Verbesserung des Zugangs von Kindern zu Schul- und Berufsaus-bildungsmöglichkeiten und Förderung der Teilnahme am Unterricht, insbesondere für Mädchen und Minderheitengruppen; • Verbesserung von Arbeitsmöglichkeiten für Frauen durch Erleichterung der wirtschaftlichen Tätigkeit für kleine und mittlere Unternehmen (KMU). Veranstaltung von Schulungskursen für KMU und gezielte Ausrichtung speziell auf stark gefährdete Gruppen. 3.2 In den Zielländern: • Umsetzung von Maßnahmen zur Verringerung der „unsichtbaren Ausbeutung“. Ein von meh- reren Organisationen getragenes Programm bestehend aus Überwachung, administrativen Kontrollen und kriminalpolizeilicher Informationsbeschaffung auf den Arbeitsmärkten und gegebenenfalls im Sexgewerbe wird zur Verwirklichung dieser Zielsetzung viel beitragen; • Erwägung der Liberalisierung der Arbeitsmärkte durch die Regierungen im Hinblick auf die Schaffung von Arbeitsplätzen für Arbeitnehmer, die über ein breites Spektrum an Kenntnissen und Fertigkeiten ganz unterschiedlichen Niveaus verfügen; • Befassung mit dem Problem der ungeschützten, informellen und häufig illegalen Arbeitsplätze, um einen Ausgleich zwischen der Nachfrage nach Billigarbeitsplätzen und den Möglichkeiten einer geregelten Zuwanderung zu schaffen; • Auseinandersetzung mit der Schattenwirtschaft, die die Volkswirtschaft unterwandert und den Menschenhandel fördert.

3.3 In den Herkunftsländern und den Zielländern gleichermaßen: • Ergreifen von Maßnahmen zur Verstärkung des sozialen Schutzes und zur Schaffung von Be- schäftigungsmöglichkeiten für alle; • Verabschiedung geeigneter Maßnahmen zur Beseitigung der Diskriminierung von Frauen auf dem Arbeitsmarkt, um auf Grundlage der Gleichberechtigung zwischen den Geschlechtern das Recht auf gleiche Entlohnung für gleiche Arbeit und das Recht auf gleichen Zugang zum Ar- beitsmarkt sicherzustellen; • Befassung mit allen Formen der Diskriminierung von Minderheiten; • Entwicklung von Programmen, die Möglichkeiten für den Lebens-unterhalt anbieten und grund- legende Bildung, Alphabetisierung, Kommunikations- und sonstige Fertigkeiten und Kenntnisse beinhalten und Hindernisse für die Unternehmensgründung abbauen; • Befürwortung der Sensibilisierung für Genderfragen und Gender-erziehung auf der Grundlage gleichberechtigter und respektvoller Beziehungen zwischen den Geschlechtern, um dadurch Ge- walt gegen Frauen zu verhindern; • Sicherstellung einer Politik, die Frauen gleichen Zugang zu und gleichen Zugriff auf wirtschaft- liche und finanzielle Ressourcen ermöglicht; • Förderung flexibler Finanzierungsmöglichkeiten und flexibler Zugangsmöglichkeiten zu Kre- diten, einschließlich niedrig verzinster Kleinkredite;

318 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

• Förderung von Good Governance und Transparenz in der Wirtschaft; • Verabschiedung oder Verstärkung gesetzgeberischer, erzieherischer, sozialer, kultureller oder sonstiger Maßnahmen und gegebenenfalls strafrechtlicher Bestimmungen auch durch bilate- rale und multilaterale Zusammenarbeit, als Abschreckung gegen die Nachfrage, die alle For- men der Ausbeutung von Menschen, namentlich von Frauen und Kindern, begünstigt und dem Menschenhandel entgegenkommt.

4. Aufklärung 4.1 Organisation von Informationskampagnen in Zusammenarbeit mit der Zivilgesellschaft und NROs, um die Öffentlichkeit über die verschiedenen Formen des Menschenhandels aufzuklären, einschließlich der von den Tätern angewendeten Methoden und der Risiken für die Betroffenen. 4.2 Verstärkte Sensibilisierung von Einwanderungsbehörden und konsularischem sowie diploma- tischem Personal für den Menschenhandel, damit sie bei ihren täglichen Kontakten mit potenzi- ellen Betroffenen auf dieses Wissen zurück-greifen können. 4.3 Einwirken auf nationale Botschaften, damit diese – auch über NROs – Informationen über einschlägige innerstaatliche Rechtsvorschriften wie Familien¬recht, Arbeitsrecht und Einwande- rungsgesetze verbreiten, soweit sie für potenzielle Zuwanderer von Interesse sind. 4.4 Verstärkte Aufklärung über Menschenhandel für andere maßgebliche Ziel-gruppen einschließ- lich politischer Entscheidungsträger, Beamter der Strafver-folgungsbehörden und Angehöriger anderer einschlägiger Berufe wie Amtsärzte, Mitarbeiter von Sozialdiensten und Arbeitsvermitt- lungsstellen, sowie in der Privatwirtschaft, um deren Bereitschaft, sich entsprechend damit zu be- fassen, zu verstärken und ihnen in ihrer Institution die Bekämpfung des Menschenhandels zu erleichtern. 4.5 Ermutigung der Konsular- und Visaabteilungen in diplomatischen Missionen, im Amtsverkehr mit gefährdeten Personen schriftliches und sonstiges Material zu verwenden. 4.6 Verstärkte Sensibilisierung der Medien. Die von den Medien vermittelte Sicht der Menschen- handelsproblematik sollte gleichzeitig das Phänomen unzweideutig darstellen und die Lage der Betroffenen realistisch schildern. Um die Öffentlichkeit so gut wie möglich über das Problem auf- zuklären und sie dafür zu sensibilisieren, sollten gemeinsam mit Medienschaffenden Informati- onskampagnen gegen den Menschenhandel durchgeführt werden. 4.7 Ausrichtung von Aufklärungskampagnen auch auf die Zielgruppe der am meisten gefährde- ten Personen, einschließlich Angehöriger nationaler Minderheiten, Kinder, Migranten und Bin- nenvertriebener. 4.8 Ausweitung von Aufklärungskampagnen auf Kleinstädte und Dörfer, deren Bevölkerung po- tenziell eine besondere Risikogruppe darstellt. 4.9 Tätigwerden an Schulen und Universitäten sowie direkt im Familienbereich, um Jugendliche zu erreichen und sie verstärkt über Menschenhandel aufzuklären. 4.10 Eingehen auf die Notwendigkeit – auch über die Medien -, die Nachfrage nach den Diensten von Personen zu verringern, die zum Zwecke der sexuellen Ausbeutung, der Zwangsarbeit, der Sklaverei oder anderer sklavereiähnlicher Praktiken Opfer des Menschenhandels wurden, und im Zusammenhang damit Ächtung jeglicher Toleranz gegenüber allen Formen des Menschenhandels. 4.11 Einrichtung öffentlich bekannt zu machender Telefon-Hotlines in den Herkunfts-, Transit- und Zielländern, die dreierlei Zwecken dienen sollen: als unabhängige Informations- und Bera- 6 tungsstelle für potenzielle Betroffene, die vielleicht Beschäftigungsmöglichkeiten oder andere Angebote, ins Ausland zu gehen, erwägen; als erste Anlaufstelle für den Zugang zu Nationalen

319 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Leitsystemen für die Betreuung von Betroffenen und schließlich als Anlaufstelle für anonyme Be- richte über Fälle oder vermutete Fälle von Menschenhandel.

5. Gesetzgeberische Maßnahmen 5.1 Verabschiedung oder Überprüfung von Rechtsvorschriften, verwaltungsrechtlichen Regelungen und Verfahren in Bezug auf die Erteilung von Bewilligungen und die Arbeitsweise von Wirtschafts- sektoren, die – laut kriminalpolizeilichen Ermittlungen – möglicherweise mit Menschenhandel zu tun haben, wie Arbeitsvermittlung, Tourismus, Au-Pair-Vermittlung, Adoptionsvermittlung oder Heiratsvermittlung per Katalog sowie Hotels und Begleitdienste. 5.2 Sicherstellung, dass die zum Zwecke der Verhütung und Bekämpfung des Menschenhandels getroffenen Maßnahmen sich nicht nachteilig auf die Rechte und die Würde von Menschen ein- schließlich des freien Personenverkehrs auswirken. (…)

VI. Mechanismen für Folgemassnahmen und Koordination

Neben der Überwachung der Umsetzung der OSZE-Verpflichtungen durch die Teilnehmerstaaten mittels bestehender OSZE-Mechanismen einschließlich des Jährlichen Implementierungstreffens zur menschlichen Dimension, der Überprüfungskonferenzen und einschlägiger Veranstaltungen zur menschlichen Dimension empfiehlt der Ständige Rat folgende Maßnahmen auf nationaler Ebene:

1. die Bestellung nationaler Berichterstatter oder die Einrichtung anderer Mechanismen zur Über- wachung der Aktivitäten zur Bekämpfung des Menschenhandels durch staatliche Institutionen so- wie der Umsetzung der Auflagen innerstaatlicher Rechtsvorschriften zu erwägen;

2. die Einrichtung von Kommissionen zur Bekämpfung des Menschenhandels (Task Forces) oder ähnlicher Gremien zu erwägen, die für die Koordinierung der Aktivitäten staatlicher Stellen und von NROs in einem Land sowie für die Ausarbeitung von Maßnahmen zur Verhütung des Men- schenhandels, zur Bestrafung der Täter und zum Schutz der Betroffenen zuständig sind;

3. die Zusammenarbeit zwischen staatlichen Institutionen und nationalen NROs zu verbessern, die im Bereich des Schutzes und der Hilfe für die vom Menschenhandel Betroffenen, der Bekämp- fung der Gewalt gegen Frauen und Kinder, der Förderung von Gleichberechtigung zwischen den Geschlechtern und der Aufklärung in Menschenrechtsfragen aktiv sind;

Sofia 2004 (Beschluss Nr. 13/04 über Die besondere Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel)

Der Ministerrat, (…)

unter Hinweis auf die Grundsätze des Schutzes und der Achtung der Menschenrechte im Über- einkommen der Vereinten Nationen von 1989 über die Rechte des Kindes und in dessen Fakul- tativprotokoll von 2000 betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornografie, im Protokoll der Vereinten Nationen von 2000 zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, zum Über- einkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität, so- wie im Haager Übereinkommen von 1993 über den Schutz von Kindern und die Zusammenarbeit auf dem Gebiet der internationalen Adoption,

320 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

eingedenk der Tatsache, dass die Hauptverantwortung für die Bekämpfung des Menschenhandels bei den Teilnehmerstaaten liegt, gestützt auf einen ganzheitlichen und koordinierten Lösungsan- satz, der die Verhütung des Menschenhandels, den Schutz der Opfer und die Verfolgung der Tä- ter und ihrer Komplizen einschließt,

In Bekräftigung der Tatsache, dass die allgemeinen Grundsätze, unter anderem das Kindeswohl, das Diskriminierungsverbot, die Mitsprache sowie das Überleben und die Entwicklung, den Rah- men für alle Maßnahmen, die Kinder betreffen, bilden,

in dem Wunsch, die Bemühungen der OSZE zur Bekämpfung des Menschenhandels weiter zu verstärken, die aktive Umsetzung des Aktionsplans zur Bekämpfung des Menschenhandels fort- zusetzen und die Teilnehmerstaaten auf deren Ersuchen bei der Durchführung ihrer jeweiligen nationalen Aktivitäten in diesem Bereich durch die Organisation zu unterstützen,

unter Berücksichtigung insbesondere der im Aktionsplan der OSZE zur Bekämpfung des Men- schenhandels enthaltenen Empfehlung, die OSZE möge der Frage des Kinderhandels besondere Aufmerksamkeit widmen, und ferner in Anerkennung der Schutzwürdigkeit unbegleiteter und von ihren Eltern getrennter Kinder,

eingedenk der Tatsache, dass die Teilnehmerstaaten verpflichtet sind, Kinder vor allen Formen der Gewalt, einschließlich der sexuellen Ausbeutung von Kindern, zu schützen, sowie unter Betonung der Tatsache, dass es wichtig ist, deren besondere Schutz- und Hilfsbedürftigkeit zu beachten und dem Kind Gelegenheit zu geben, gehört zu werden,

unter Betonung der Tatsache, dass Maßnahmen zur Bekämpfung des Kinderhandels eine Gleich- behandlungsperspektive enthalten und nicht diskriminierend sein sollten,

die Tatsache unterstreichend, dass in Entscheidungen betreffend Kinder, die Opfer von Menschen- handel wurden, das Kindeswohl vorrangig zu berücksichtigen ist, unter anderem durch Bereitstel- lung einer entsprechenden Vertretung für die minderjährigen Opfer,

im Bewusstsein der Notwendigkeit, ein wirksames Hilfs- und Schutzsystem für Kinder zu schaf- fen und Bewusstseinsbildung zu betreiben, um der Nachfrage entgegenzuwirken, die alle Formen der Ausbeutung von Menschen, insbesondere von Frauen und Kindern, begünstigt und Kinder besonders leicht zu Opfern von Menschenhandel werden lässt,

1. beschließt, die Bemühungen der OSZE um Verhütung des Kinderhandels, um Schutz und Hilfe für Kinder, die Opfer von Menschenhandel wurden, und um Verfolgung der Täter unter Beach- tung des Aktionsplans der OSZE zur Bekämpfung des Menschenhandels zu verstärken;

2. legt den Teilnehmerstaaten nahe, die einschlägigen staatlichen Strukturen für Kinder zu stärken; Legt den Teilnehmerstaaten ferner nahe, im Einklang mit den einschlägigen Empfehlungen an die Teilnehmerstaaten im Aktionsplan der OSZE zur Bekämpfung des Menschenhandels gegebenen- falls verstärkt Maßnahmen zu ergreifen, um Faktoren entgegenzuwirken, die Kinder besonders leicht zu Opfern von Menschenhandel werden lassen, darunter: Diskriminierung unter anderem aufgrund der Rasse, des Geschlechts, der Religion oder Überzeugung, der nationalen oder sozialen Herkunft, der Geburt oder sonstiger Umstände; Ausbeutung laut Definition im Aktionsplan der OSZE zur Bekämpfung des Menschenhandels; Armut; mangelnde Schulbildung und Vertreibung; 6 3. kommt überein, der Nachfrage verstärkt entgegenzuwirken, unter anderem durch Bekämpfung des Kindersextourismus; Lädt in diesem Zusammenhang die Teilnehmerstaaten auch ein, unter

321 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

anderem die Ausarbeitung gesetzlicher Maßnahmen in Erwägung zu ziehen, um Bürger, die Kin- der sexuell ausbeuten, strafrechtlich verfolgen zu können, auch wenn diese Ausbeutung in einem anderen Land erfolgt ist (…)

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

2. Die OSZE-Teilnehmerstaaten bekräftigen die von ihnen auf allen Ebenen eingegangenen Ver- pflichtungen in grenzbezogenen Fragen: (…)

2.2 Auf OSZE-Ebene: Die Teilnehmerstaaten bekräftigen die in der Schlussakte von Helsinki nie- dergelegten Normen, Prinzipien, Verpflichtungen und Werte, die alle gleichermaßen und ohne Vorbehalt gelten und jeweils unter Berücksichtigung aller anderen auszulegen sind. Sie bekräftigen die Prinzipien und Verpflichtungen aus dem Kopenhagener Dokument 1990, dem HelsinkiDoku- ment 1992 und der Europäischen Sicherheitscharta 1999. Sie verweisen auf die Aktionspläne, Be- schlüsse und sonstigen maßgeblichen vereinbarten OSZE-Dokumente, die grenzbezogene Fragen zum Gegenstand haben. So sind insbesondere die Stärkung der OSZE-Fähigkeiten zur Förderung offener und sicherer Grenzen sowie die Verstärkung der für alle Seiten nutzbringenden Zusam- menarbeit zwischen den Staaten eine Handhabe gegen Bedrohungen durch (…) den illegalen (…) Menschenhandel, wie es in Absatz 35 der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert heißt; (…)

4.3 Verhütung und Unterbindung der grenzüberschreitenden organisierten Kriminalität, (…) il- legalen Handels mit (…) Menschen;

Laibach 2005 (Beschluss Nr. 13/05 über die Bekämpfung des Menschenhandels)

Der Ministerrat, (…)

unter Hinweis auf die Notwendigkeit, die oben genannten Maßnahmen zu verstärken, starke Netz- werke gegen den Menschenhandel zu entwickeln, die multilateral, regional und bilateral funkti- onieren, und die von den Teilnehmerstaaten eingegangenen Verpflichtungen auf deren Ersuchen mit voller Unterstützung und Hilfe der OSZE-Strukturen, -Institutionen und -Feldeinsätze wirk- sam umzusetzen,

erneut die einzigartige Rolle der OSZE als Katalysator in den gemeinsamen Bemühungen inter- nationaler Organisationen im Kampf gegen den Menschenhandel in all seinen Formen betonend, und in Würdigung der Initiativen der OSZE-Sonderbeauftragten für die Bekämpfung des Men- schenhandels im Rahmen der „Allianz gegen den Menschenhandel“,

Beschließt,

322 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

1. den Zusatz zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels: Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit der Opfer von Kinderhandel, der vom Ständigen Rat mit Beschluss Nr. 685 vom 7. Juli 2005 verabschiedet wurde, zu unterstützen und damit wirksam auf die Bedürfnisse der verletzlichsten und schutzlosesten Opfer des Menschenhandels einzugehen,

2. sich auch weiterhin mit der zunehmenden Bedrohung Menschenhandel näher auseinander zu setzen und im Rahmen des OSZE-Konzepts der umfassenden Sicherheit einen multidimensiona- len, auf das Opfer konzentrierten Ansatz in Fragen der Bekämpfung des Menschenhandels als ei- nem Aspekt des organisierten Verbrechens, der Kriminalität und der Korruption zu verfolgen; (…)

Laibach 2005 (Beschluss Nr. 16/05 über Gewährleistung höhster Masstäbe in Bezug auf Verhalten und Verantwortung von Personen, die bei internationalen Truppen und Missionen Dienen)

Der Ministerrat, (…)

mit der erneuten Feststellung, dass Menschenhandel eine moderne Form der Sklaverei darstellt, die die Ausübung der Menschenrechte und Grundfreiheiten massiv beeinträchtigt,

in der Sorge, dass militärische und zivile Mitarbeiter, die in internationalen Friedenstruppen oder anderen internationalen Missionen, einschließlich Vertragspartnern, dienen, sowie Feldpräsenzen internationaler Organisationen einschließlich der OSZE, mit ein Faktor des Menschenhandels- kreislaufs auf der Nachfrageseite sein könnten,

erfreut über die Bemühungen der Vereinten Nationen sowie anderer internationaler Organisatio- nen, eine Null-Toleranz-Politik zu entwickeln und durchzusetzen, um den Menschenhandel so- wohl durch Truppen als auch durch andere Mitarbeiter zu verhindern, was ebenso notwendig ist wie entsprechende Aufklärung und Ausbildung, (…)

besorgt über Berichte über Verfehlungen militärischer und ziviler Mitarbeiter, die in internationa- len Friedenstruppen oder anderen internationalen Missionen dienen, einschließlich von Berichten über die Verwicklung in Menschenhandel im Sinne der Definition des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, derartige Handlungen aufs schärfste verurteilend und feststellend, dass diese der Erfüllung von Missionsmandaten schaden,

ferner besorgt über Berichte über Verfehlungen militärischer und ziviler Mitarbeiter, die bei inter- nationalen Friedenstruppen oder anderen internationalen Missionen dienen, einschließlich von Berichten über sexuelle Ausbeutung und Missbrauch der örtlichen Bevölkerung oder von Flücht- lingen, sowie über Berichte über Vorkommnisse von Zwangsarbeit, derartige Handlungen aufs schärfste verurteilend und feststellend, dass diese der Erfüllung von Missionsmandaten schaden,

die Notwendigkeit für mehr Information und Sensibilisierung der Mitarbeiter internationaler Mis- sionen über diese Fragen unterstreichend, 6 in Kenntnis der Bemühungen der Vereinten Nationen, durch die sichergestellt werden soll, dass Mitarbeiter von Friedenstruppen oder anderen internationalen Missionen den höchsten Maßstä- ben in Bezug auf Verhalten und Verantwortung gerecht werden,

323 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

1. fordert die Teilnehmerstaaten auf, wo notwendig Maßnahmen zu verbessern, die verhindern sollen, dass militärische und zivile Mitarbeiter, die im Ausland bei Friedenstruppen oder anderen internationalen Missionen im Einsatz sind, sowie OSZE-Bedienstete sich an Menschenhandel be- teiligen oder Opfer von Menschenhandel ausbeuten. Zu diesem Zweck werden die Teilnehmerstaa- ten danach trachten, dass ihre innerstaatlichen Gesetze, Vorschriften und anderen einschlägigen Dokumente auch gegenüber ihren Staatsangehörigen vollstreckt werden können, die in Friedens- truppen oder anderen internationalen Missionen dienen, um die höchsten Maßstäbe in Bezug auf Verhalten und Verantwortung sicherzustellen;

2. fordert die Teilnehmerstaaten mit entsandtem militärischen und zivilen Personal auf, im Rah- men ihrer Zuständigkeit und ihres jeweiligen Mandats den zuständigen Behörden im Gastland bei deren Bemühungen im Kampf gegen den Menschenhandel Hilfestellung zu leisten. Jeder Teil- nehmerstaat wird seine militärischen und zivilen Mitarbeiter bei der Unterweisung vor deren Aus- landseinsatz über die Politik in Bezug auf Menschenhandel und die Folgen unterrichten;

3. fordert die Teilnehmerstaaten auf, durch geeignete Maßnahmen zu verhindern, dass es durch die von ihnen entsandten militärischen und zivilen Mitarbeiter, die in Friedenstruppen oder anderen internationalen Missionen im Einsatz sind, zu sexueller Ausbeutung und sexuellem Missbrauch oder zu Fällen von Zwangsarbeit kommt, die einschlägigen darauf bezogenen Verhaltensnormen durchzusetzen und sicherzustellen, dass diese Vorfälle ordnungsgemäß untersucht und angemes- sen bestraft werden;

4. Bekräftigt die Wichtigkeit der Umsetzung des Verhaltenskodex für OSZE-Bedienstete und der auf Menschenhandel Bezug nehmenden Dienstanweisung Nr. 11 und weist den Generalsekretär an, unter Zuhilfenahme des Sachwissens der Sonderbeauftragten der OSZE für die Bekämpfung des Menschenhandels sowie der Unterstützungsgruppe Bekämpfung des Menschenhandels diese Dokumente entsprechend diesem Beschluss zu aktualisieren und sie vor ihrer Herausgabe den Teilnehmerstaaten zur Stellungnahme und Erörterung zuzuleiten;

5. lädt die Regierungen der OSZE-Kooperationspartner ein, sich ebenfalls zu Grundsätzen, die den in diesem Beschluss festgelegten entsprechen, zu bekennen, und beauftragt zu diesem Zweck die Sonderbeauftragte der OSZE für die Bekämpfung des Menschenhandels und den Generalse- kretär der OSZE, maßgebliche Informationen und Unterlagen an die OSZE-Kooperationspart- ner weiterzuleiten;

6. beauftragt die Sonderbeauftragte der OSZE für die Bekämpfung des Menschenhandels, Aus- bildungsmaterial der OSZE und sonstige Informationen, die bei der Bekämpfung des Menschen- handels hilfreich sein könnten, an einschlägige internationale Organisationen weiterzugeben;

7. beauftragt den Generalsekretär, dem Ständigen Rat alljährlich über die Umsetzung dieses Be- schlusses in Bezug auf den Verhaltenskodex für OSZE-Bedienstete sowie auf die Dienstanweisung Nr. 11 im Einklang mit Absatz III 11.1 des OSZE-Aktionsplans zur Bekämpfung des Menschen- handels Bericht zu erstatten.

324 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Brüssel 2006 (Beschluss Nr. 14/06 über Verstärkung der Bemühungen zur Bekämpfung des Menschenhandels, einschließlich der Ausbeutung von Arbeitskräften, durch einen umfassenden und aktiven Ansatz)

Der Ministerrat,

ernsthaft besorgt, dass alle Formen des Menschenhandels trotz verstärkter nationaler und inter- nationaler Bemühungen zur Bekämpfung dieses Phänomens in der OSZE-Region und darüber hi- naus nach wie vor weit verbreitet sind,

in der Erwägung, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt und die Ausübung der Menschenrechte und Grundfrei- heiten infrage stellt und das die Bildung organisierter krimineller Netzwerke fördert,

in der Erkenntnis, dass gegebenenfalls die Polizeiarbeit, die strafrechtliche Verfolgung der Täter, der Schutz, die Rehabilitation, Integration und Wiedereingliederung der Opfer, einschließlich ihres wirksamen Zugangs zu den Gerichten, sowie die Verhütung, einschließlich von Maßnahmen auf der Nachfrageseite, wichtige Aspekte in der wirksamen Bekämpfung des Menschenhandels sind,

unterstreichend, dass angesichts der Komplexität des Menschenhandels ein dimensionsübergrei- fendes Vorgehen zahlreicher Akteure notwendig ist, das auf nationaler, regionaler und internati- onaler Ebene koordiniert werden sollte, (…)

1. Ruft die Teilnehmerstaaten dazu auf, sich auf hoher politischer Ebene gemeinsam mit der Son- derbeauftragten für die Bekämpfung des Menschenhandels um die Umsetzung der OSZE-Ver- pflichtungen zur Bekämpfung des Menschenhandels zu bemühen;

2. fordert die Teilnehmerstaaten eindringlich auf, einen umfassenden Ansatz zur Bekämpfung al- ler Formen von Menschenhandel durch nationale, regionale und internationale Vereinbarungen, Kooperationen und Koordination zwischen Strafverfolgungsbeamten, Arbeitsinspektoraten, Ab- teilungen für sozialen Schutz, medizinischen Einrichtungen, Zuwanderungs- und Grenzbeamten, Organisationen der Zivilgesellschaft, der Opferfürsorge und der Wirtschaft sowie anderen ein- schlägigen Akteuren zu fördern, einschließlich eines geschlechtsspezifischen Ansatzes. Zu diesem Zweck wird den Teilnehmerstaaten empfohlen, nationale Leitstellen einzurichten und nationale Koordinatoren zu bestellen;

3. fordert die Teilnehmerstaaten eindringlich auf, mit Unterstützung der OSZE-Organe und -In- stitutionen, wenn darum ersucht wird, die Forschung und das System zur Sammlung und Ana- lyse von Daten unter gebührender Berücksichtigung des vertraulichen Charakters der Daten zu verbessern und die Statistiken wo immer möglich nach Geschlecht, Alter und gegebenenfalls an- deren einschlägigen Faktoren zu gliedern, um Art und Umfang des Problems besser einschätzen und wirksame und zielgerichtete politische Maßnahmen gegen den Menschenhandel entwickeln zu können. Zu diesem Zweck wird den Teilnehmerstaaten empfohlen, die Bestellung nationaler Berichterstatter oder ähnlicher unabhängiger Überwachungsmechanismen in Erwägung zu ziehen; (…) 6 6. ermutigt die Teilnehmerstaaten, den Menschenhandel für die Zwecke der Ausbeutung von Ar- beitskräften aktiver zu bekämpfen, indem sie unter anderem:

325 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

(a) sicherstellen, dass ihre innerstaatlichen strafrechtlichen Bestimmungen gegen den Menschen- handel für die Zwecke der Ausbeutung von Arbeitskräften im Einklang mit dem Protokoll der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbe- sondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nati- onen gegen die grenzüberschreitende organisierte Kriminalität, stehen. Zu diesem Zweck werden die Teilnehmerstaaten ermutigt sicherzustellen, dass solche Straftaten entsprechend aufgedeckt und verfolgt werden;

(b) sicherstellen, dass ihr Arbeitsrecht Mindestarbeitsnormen vorsieht und dass ihre arbeitsrecht- lichen Bestimmungen durchgesetzt werden, damit das Potenzial für Menschenhandel für die Zwe- cke der Ausbeutung von Arbeitskräften verringert wird;

(c) Schulungsprogramme für einschlägig befasste Bedienstete durchführen, sowie für andere Per- sonen, von denen anzunehmen ist, dass sie mit mutmaßlichen Opfern von Menschenhandel in Kontakt kommen, etwa Mitarbeiter des Gesundheitswesens, Sozialarbeiter, Arbeitsinspektoren und andere, um deren Fähigkeit zur Identifizierung von Opfern des Menschenhandels und zu de- ren Weiterleitung an Hilfs- und Schutzdienste zu verbessern;

(d) sicherstellen, dass Informationskampagnen zur Aufklärung über den Menschenhandel nicht zu einer weiteren Stigmatisierung gefährdeter Gruppen beitragen, durch die sie gegebenenfalls weiteren Menschenrechtsverletzungen ausgesetzt sein könnten;

(e) Outreach-Strategien fördern, unter anderem in Zusammenarbeit mit einschlägigen NROs, mit deren Hilfe Migrantengemeinschaften und Personen, die in Billiglohn- und besonders anfälligen Sektoren wie Landwirtschaft, Bauwesen, Bekleidungsindustrie oder Gastgewerbe oder als Hausbe- dienstete arbeiten, über Menschenhandel informiert werden, mit dem Ziel, den Zugang der Opfer zu Unterstützung und zur Justiz zu verbessern, und Personen mit Informationen über mögliche Fälle von Menschenhandel dazu zu ermutigen, Opfer an solche Unterstützungsdienste zu verwei- sen und bei entsprechenden Behörden zwecks Untersuchung Meldung zu machen, wenn die be- gründete Vermutung besteht, dass eine Straftat vorliegt;

(f) fortschrittliche Ermittlungsmethoden entwickeln und einsetzen, insbesondere zur Aufdeckung und Verfolgung von Fällen von Menschenhandel, ohne sich dabei ausschließlich auf die Aussagen von Opfern stützen zu müssen; (…)

Madrid 2007 (Beschluss Nr. 8/07 über die Bekämpfung des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften)

Der Ministerrat, (…)

ernsthaft besorgt darüber, dass Menschenhandel trotz nationaler und internationaler Bemühun- gen, ihn zu verhindern und die Verantwortlichen vor Gericht zu stellen, in der OSZE-Region und darüber hinaus nach wie vor weit verbreitet ist,

in Anerkennung der Notwendigkeit einer weiteren Stärkung des Rahmens von OSZEVerpflichtun- gen für die Auseinandersetzung mit den Herausforderungen des Menschenhandels für die Zwe- cke der Ausbeutung von Arbeitskräften,

im Wissen um die Gefährdung von Kindern durch Menschenhandel für die Zwecke der Ausbeu- tung von Arbeitskräften und die besonderen Bedürfnisse von Kindern, die zu Opfern wurden,

326 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

unter Betonung der Tatsache, dass politische Strategien und Praktiken gegen Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften, der sowohl in der regulären Wirtschaft als auch in der Schattenwirtschaft zu beobachten ist, umfassend sein und daher auch die Durchsetzung arbeitsrechtlicher Bestimmungen beinhalten sollten,

unter Betonung der Tatsache, dass Maßnahmen gegen Menschenhandel für die Zwecke der Aus- beutung von Arbeitskräften gemeinsam mit den auf dem Arbeitsmarkt Agierenden, darunter Arbeitnehmer- und Arbeitgeberorganisationen, Arbeitsadministratoren und -inspektoren, zu for- mulieren wären und diesen Personenkreis stärker einbinden sollten, (…)

in Anerkennung der Tatsache, dass irregulär eingereiste Personen wahrscheinlich stärker gefährdet sind, Opfer von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften zu werden, (…)

im Bewusstsein der Herausforderungen im Zusammenhang mit der Identifizierung der Opfer und der Hilfe für die Opfer, auch im Hinblick auf deren unsicheren aufenthaltsrechtlichen Status, und der Probleme, die sich daraus ergeben können, dass die Täter die Opfer einschüchtern und de- ren Ängste ausnützen, sowie in Anerkennung der Notwendigkeit von Anzeigeverfahren, die Op- fer ermutigen, sich zu melden,

ruft die Teilnehmerstaaten dazu auf: (…)

5. Partnerschaften zwischen der Zivilgesellschaft einschließlich NROs und staatlichen Stellen, die im Rahmen ihres Arbeitsschutzmandats die Arbeitsbedingungen überwachen, zu unterstützen und zu fördern, um unter anderem den Opfern Hilfe zu leisten und Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften und die Verletzung arbeitsrechtlicher Bestimmungen zu ver- hindern, unter anderem durch gezielte Aufklärungsprogramme oder freiwillige Verhaltenskodizes; (…)

8. die interinstitutionelle Kooperation und Interaktion in Fragen des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften zwischen den Bediensteten ihrer Arbeits-, Einwan- derungs-, Strafverfolgungs- und Justizbehörden und den Erbringern sozialer Dienstleistungen zu verstärken, gegebenenfalls auch durch die Einrichtung oder Stärkung nationaler Leitsysteme, wie sie im OSZE-Aktionsplan zur Bekämpfung des Menschenhandels empfohlen wurden; (…)

11. Für wirksame Anzeigeverfahren zu sorgen, in deren Rahmen jeder Einzelne vertraulich Um- stände melden kann, die auf das Vorliegen von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften hindeuten könnten, wie etwa ausbeuterische Arbeits- und Lebensbedingungen;

12. Indikatoren zu entwickeln – gegebenenfalls unter Berücksichtigung jener, die vom Sachver- ständigenausschuss der ILO entwickelt wurden -, um bei der Identifizierung der Opfer von Men- schenhandel für die Zwecke der Ausbeutung von Arbeitskräften und bei der Feststellung von Situationen, in denen Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften vor- 6 liegt, für Konsistenz und Transparenz zu sorgen;

327 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

13. weitere Expertengespräche darüber in Erwägung zu ziehen, wie Fälle von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften von anderen irregulären Beschäftigungsverhält- nissen unterschieden werden können; (…)

16. Programme zu entwickeln, um die von manchen Arbeitsvermittlungsstellen praktizierte Ein- stellung von Personal unter Vorspiegelung falscher Tatsachen zu unterbinden, durch die Personen stärker der Gefahr des Menschenhandels ausgesetzt werden können; (…)

19. Aufklärungskampagnen in den Herkunfts-, Transit- und Zielländern ins Auge zu fassen, die sich insbesondere an Gruppen wenden, die für Menschenhandel zum Zwecke der Ausbeutung von Arbeitskräften anfällig sind;

21. die Zusammenarbeit auf internationaler Ebene zu verstärken, indem sie Informationen über die Bekämpfung von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften weiter- geben und über bewährte Praktiken informieren und indem sie Mittel und Wege zur Verstärkung der Zusammenarbeit in Fragen der Strafverfolgung sowie des Opferschutzes und der Wiederein- gliederungshilfe im Falle einer Rückführung prüfen;

22. die Beschaffung und Auswertung von Daten über den Zusammenhang zwischen Menschen- handel für die Zwecke der Ausbeutung von Arbeitskräften und Migration zu verbessern und diese Informationen an andere OSZE-Teilnehmerstaaten weiterzugeben.

Helsinki 2008 (Beschluss Nr. 5/08 über die Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept)

Der Ministerrat,

in Betonung seiner tiefen Besorgnis darüber, dass der Menschenhandel in der OSZE-Region nach wie vor weit verbreitet ist, (…)

In Bekräftigung unserer Unterstützung für Bemühungen der Teilnehmerstaaten, in Zusammen- arbeit mit internationalen und regionalen Organisationen, Nichtregierungsorganisationen und anderen maßgeblichen Stellen ein umfassendes, koordiniertes und ganzheitliches Konzept zur Bekämpfung des Menschenhandels in Erwägung zu ziehen, wozu unter anderem auch Maßnah- men zur Verhütung des Menschenhandels, zum Schutz und zur Unterstützung der Opfer unter uneingeschränkter Achtung ihrer Menschenrechte und zur strafrechtlichen Verfolgung der Täter gehören, und die Aktivitäten grenzüberschreitender krimineller Organisationen und anderer, die vom Menschenhandel profitieren, zu bekämpfen, (…)

328 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Astana 2010

9. [] müssen wir in der komplexen und vernetzten Welt von heute in der Auseinandersetzung mit neuen grenzüberschreitenden Bedrohungen wie (…) illegaler Handel mit (…) Menschen Diese Be- drohungen können ihren Ursprung innerhalb und außerhalb unserer Region haben.

Vilnius 2011 (Ministererklärung über die Bekämpfung jeder Form von Menschenhandel)

1. Wir (…) erklären unsere feste und unerschütterliche Entschlossenheit, gegen jede Form von Menschenhandel vorzugehen.

2. Wir stellen fest, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt und die Ausübung der Menschrechte und Grundfreihei- ten infrage stellt und die Bildung organisierter krimineller Netzwerke fördert.

3. Wir bekennen uns weiterhin vollauf zur allgemeinen Erklärung der Menschenrechte: „Niemand darf in Sklaverei oder Leibeigenschaft gehalten werden; Sklaverei und Sklavenhandel sind in al- len ihren Formen verboten.”

4. Wir erklären erneut die Unterstützung der Teilnehmerstaaten für die Ratifizierung und vollstän- dige Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und des Zusatzprotokolls zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, als internationale Rechts- grundlage für den Kampf gegen den Menschenhandel. Ferner betonen wir die Wichtigkeit, den Weltaktionsplan der Vereinten Nationen zur Bekämpfung des Menschenhandels (A/RES/64/293) zu verabschieden, der die Zusammenarbeit und Koordinierung zwischen allen maßgeblichen In- teressenträgern sowie umfassende, koordinierte und konsequente Maßnahmen auf nationaler, re- gionaler und internationaler Ebene zur Bekämpfung des Menschenhandels fördert, und begrüßt die umfassende und zielführende Maßnahmen zur Unterstützung der Opfer von Menschenhan- del zu ergreifen.Bemühungen der OSZE um dessen Umsetzung.

5. Wir anerkennen die Fortschritte, die die OSZE-Teilnehmerstaaten einzeln und gemeinsam im Kampf gegen dieses abscheuliche Verbrechen bisher gemacht haben. Wir erinnern an unser un- eingeschränktes Bekenntnis zu der von der OSZE eingegangenen Verpflichtung zur Bekämpfung des Menschenhandels sowie an unsere feste Entschlossenheit, dieser Verpflichtung mittels eines dimensionsübergreifenden Ansatzes nachzukommen, (…).

6. Wir äußern unsere tiefe Besorgnis angesichts der Tatsache, dass der Menschenhandel trotz un- unterbrochener Maßnahmen auf internationaler, regionaler und nationaler Ebene nach wie vor ein schwerwiegendes Problem darstellt, die Zahl der identifizierten und unterstützten Opfer von Menschenhandel noch immer sehr gering ist und nur wenige Menschenhändler vor Gericht ge- stellt wurden. Wir sind zutiefst besorgt, dass der Menschenhandel für die Zwecke der Organent- nahme, der sexuellen Ausbeutung und der Ausbeutung der Opfer als Arbeitskräfte, einschließlich Zwangsdienstbarkeit, noch immer ein schwerwiegendes Problem darstellt.

7. Wir anerkennen (…) die jüngsten Bemühungen der OSZE um Aufklärung über den Menschen- handel für die Zwecke der Ausbeutung von Arbeitskräften, einschließlich Zwangsdienstbarkeit, sowie über Kinderhandel und den Menschenhandel für die Zwecke der Organentnahme. 6

8. Wir fördern und unterstützen multidisziplinäre Zusammenarbeit, sektorenübergreifende Aus- bildung und multilaterale Partnerschaften. (…)

329 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

II.

9. Wir anerkennen die Notwendigkeit, strafrechtliche Maßnahmen gegen den Menschenhandel zu verstärken, unter anderem durch strafrechtliche Verfolgung der Menschenhändler und ihrer Komplizen, und gleichzeitig sicherzustellen, dass im Umgang mit den Opfern von Menschenhan- del deren Menschenrechte respektiert werden und sie Zugang zu den Gerichten, zu juristischem Beistand sowie zu wirksamer Entschädigung und gegebenenfalls anderen Arten der Hilfestellung erhalten. Wir werden Ermittlungsmethoden wie Untersuchungen im Finanzbereich prüfen, den Informationsaustausch über organisierte Verbrecherbanden verbessern und die grenzüberschrei- tende Zusammenarbeit zwischen Strafverfolgungsbehörden bzw. Justizbehörden fördern, um so- wohl die Menschenhändler als auch potenzielle Opfer von Menschenhandel ermitteln zu können.

10. Wir sind uns der Notwendigkeit bewusst, durch entsprechende Maßnahmen sicherzustel- len, dass Opfer von Menschenhandel, die als solche erkannt werden, nicht für ihre Beteiligung an rechtswidrigen Handlungen bestraft werden, sofern sie zu diesen gezwungen wurden. Wir fordern die Teilnehmerstaaten eindringlich auf umfassende und angemessene Maßnahmen zur Unterstüt- zung von Opfern des Menschenhandels.,

11. Wir werden uns verstärkt um die Identifizierung und Unterstützung der Opfer von Menschen- handel bemühen und dabei auf besonders gefährdete Bevölkerungsgruppen achten. Je nach Fall werden wir mit Informationskampagnen die durch Menschenhandel gefährdeten Zielgruppen an- sprechen und uns mit den sozialen, wirtschaftlichen, kulturellen, politischen und sonstigen Fak- toren auseinandersetzen, die Menschen zu leichter Beute von Menschenhändlern werden lassen. Wir werden Präventionsbemühungen verstärken und unterstützen und vor allem an der Nachfra- geseite ansetzen, die den Menschenhandel in all seinen Formen begünstigt, sowie bei den Waren und Dienstleistungen, die durch Menschenhandel entstehen.

12. Wir anerkennen die wichtige Rolle zivilgesellschaftlicher Organisationen für die Unterstüt- zung und Stärkung des Selbstbewusstseins der Opfer von Menschenhandel.

13. Wir stellen fest, dass die Systeme zum Schutz der Kinder verstärkt werden müssen, um eine wirksame Prävention, Identifizierung und Reaktion auf Kinderhandel in allen seinen Formen zu ermöglichen und den Opfern von Kinderhandel oder durch Kinderhandel gefährdeten Kindern (…) Unterstützung und Hilfe angedeihen zu lassen, etwa auch durch entsprechende Leistungen und Maßnahmen für ihr körperliches und seelisches Wohl sowie für ihre Erziehung, Rehabilita- tion und Wiedereingliederung.

330 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Regierungen nahe, die Übernahme vergleichbarer Standards, einschließlich der „Null-Toleranz- Politik“, in das staatliche Beschaffungswesen für Waren und Dienstleistungen zu übernehmen.

III.

16. Wir unterstreichen, dass die OSZE eine äußerst wertvolle Plattform für Dialog und verstärkte Zusammenarbeit zwischen den Teilnehmerstaaten für ein umfassendes Vorgehen gegen jede Form von Menschenhandel bietet. Angesichts dessen bekräftigen wir unsere Entschlossenheit, die OSZE- Verpflichtungen zu erfüllen, einschließlich des Aktionsplans zur Bekämpfung des Menschen- handels, die einschlägigen Organe der OSZE in vollem Umfang zu nutzen und die Partnerschaft der OSZE mit anderen internationalen und regionalen Organisationen sowie mit der Zivilgesell- schaft zu stärken.

Vilnius 2011 (Beschluss 10/11 Förderung gleicher Chancen für Frauen in der Wirtschaft). (…)

Kiew 2013 (Beschluss Nr. 7.13 über die Bekämpfung des Menschenhandels)

Der Ministerrat,

in Bekräftigung der in den Jahren 2000 bis 2008 eingegangenen einschlägigen OSZE-Verpflich- tungen und der Ministererklärung von Wilna über die Bekämpfung jeder Form von Menschen- handel aus dem Jahr 2011,

unter erneutem Hinweis auf den strategischen Wert des OSZE-Aktionsplans von 2003 zur Be- kämpfung des Menschenhandels, der den Teilnehmerstaaten zukunftsweisende Empfehlungen für Maßnahmen auf internationaler und nationaler Ebene in den Bereichen Strafverfolgung, Präven- tion und Schutz an die Hand gibt und den zuständigen Durchführungsorganen der OSZE Orien- tierung in ihrer Tätigkeit bietet,

in großer Sorge über den signifikanten Anstieg aller Formen von Menschenhandel, sowohl des grenzüberschreitenden als auch des innerstaatlichen, und unter erneutem Hinweis insbesondere auf die Notwendigkeit strengerer Maßnahmen im Umgang mit den Herausforderungen der der- zeitigen und zukünftigen Trends und Muster des Menschenhandels -

billigt die Verabschiedung des „Zusatzes zum OSZE-Aktionsplan zur Bekämpfung des Menschen- handels – ein Jahrzehnt später“ durch Beschluss Nr. 1107 des Ständigen Rates und betrachtet diesen Zusatz: „ein Jahrzehnt später“ als Bestandteil des OSZE-Aktionsplans von 2003 zur Bekämpfung des Menschenhandels.

331 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Wien 2017 (Beschluss Nr. 6/17 über Verstärkung der Bemühungen zur Verhütung des Menschenhandels)

Der Ministerrat,

bekräftigend, dass der Menschenhandel ein schwerwiegendes und abscheuliches Verbrechen ist, das die menschliche Würde verletzt, und dass alle Aspekte der Bekämpfung des Menschenhandels strikt auf Rechtsstaatlichkeit und der Achtung der Menschenrechte fußen sollten,

in Bekräftigung unserer scharfen Verurteilung jeglicher Form von Menschenhandel, auch für die Zwecke der Ausbeutung von Arbeitskräften, der sexuellen Ausbeutung, des Kinderhandels, des Zwangs zur Begehung von Straftaten sowie zum Zweck der Organentnahme, und anerkennend, dass die Verhütung dieses Verbrechens Priorität besitzt,

ferner in Bekräftigung unserer Verpflichtung zur Befassung mit den Faktoren, die Personen an- fälliger für die Gefahren des Menschenhandels machen können, und die Bedeutung eines dimen- sionenübergreifenden und umfassenden Ansatzes bei der Bekämpfung des Menschenhandels betonend, der verlangt, dass das Hauptaugenmerk auf der Durchführung wirksamer Präventi- onsmaßnahmen liegen muss, (…)

unter Hinweis auf die Bedeutung der Agenda 2030 für nachhaltige Entwicklung sowie des Über- einkommens der Vereinten Nationen über die Rechte des Kindes (1989), sofern sie Vertragsstaa- ten sind, für die Verhütung und Bekämpfung des Menschenhandels, (…)

in Anerkennung des Beitrags der Zivilgesellschaft, einschließlich religiöser Organisationen, zur Verhütung des Menschenhandels und zur Hilfeleistung für die Opfer,

ruft die Teilnehmerstaaten dazu auf:

1. gezielte Präventionsstrategien zu entwickeln, die, so vorhanden, auf vertieften Forschungsergeb- nissen und systematisch gesammelten, verlässlichen Informationen beruhen, einschließlich mit Hilfe nationaler Mechanismen wie nationale Berichterstatter, wo es sie gibt, um die Wirksamkeit und die Folgen der Bemühungen gegen den Menschenhandel auf nationaler und internationaler Ebene zu steigern;

2. Den Dialog und die Zusammenarbeit zwischen Regierungen, internationalen Organisationen, der Zivilgesellschaft und dem Privatsektor, einschließlich Unternehmen, Gewerkschaften und Ar- beitgeberorganisationen als Sozialpartner, im Hinblick auf verstärkte Bemühungen zur Verhütung des Menschenhandels zu fördern, unter anderem durch verstärkte Aufklärung über die Rolle der einzelnen Akteure und durch die Erleichterung des Informationsaustauschs über den Menschen- handel zwischen den Herkunfts-, Transit-, und Zielländern, einschließlich der Kooperationspart- ner, und die Bedeutung anerkennend, welche den Stimmen der Opfer von Menschenhandel bei der Ausarbeitung wirksamer Strategien gegen den Menschenhandel zukommt;

3. die OSZE weiterhin als Plattform für den Dialog zur Zusammenarbeit im Bereich der Justiz und der Strafverfolgung, zur Grenzsicherung und zum Grenzmanagement als wichtiger Bestandteil der Verhütung des Menschenhandels zu nutzen;

332 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

4. Behörden-, sektorenübergreifende und multinationale Programme zum Kapazitätsaufbau zu fördern, die Maßnahmen zur Verhütung des Menschenhandels in all seinen Formen, mit beson- derem Augenmerk auf Faktoren, die Menschen anfällig für die Gefahr des Menschenhandels ma- chen, begünstigen;

5. Geeignete Maßnahmen zur wirksamen Bekämpfung des Menschenhandels zu treffen, durch die Entwicklung vereinheitlichter Verfahren und Schulungskurse, unter anderem zur Identifizie- rung und zum Schutz von Menschenhandelsopfern, sei es für die zuständigen Behörden, Organi- sationen der Zivilgesellschaft, Beschäftigte des Gesundheitswesens und Sozialarbeiter sowie für andere, die Erstkontakt mit den Betroffenen haben könnten;

6. Bemühungen in den Bereichen Bildung und Aufklärung, einschließlich Menschenrechtserzie- hung, zu verstärken, und Programme zur Befähigung zu entwickeln und umzusetzen, die die besonderen Bedürfnisse von Frauen, Männern, Mädchen und Jungen berücksichtigen, um die Fähigkeit zu stärken, Menschenhandel innerhalb von Gemeinschaften zu erkennen, zu verhüten und zu bekämpfen;

7. Einen opfer- und traumaorientierten und (…) gendersensiblen Ansatz zu verfolgen, der die Men- schenrechte und Grundfreiheiten bei allen Bemühungen zur Verhütung und zum Beistand un- eingeschränkt achtet;

8. Den wichtigen Beitrag, den die Medien bei der Verhütung des Menschenhandels leisten können, anzuerkennen, unter anderem durch die Einführung freiwilliger Berufsstandards, um verantwor- tungsvoll und feinfühlig über Fälle von Menschenhandel zu berichten;

9. vorbildliche Verfahren festzustellen, (…) für erfolgreiche nationale und globale Partnerschaften zwischen dem öffentlichen und dem Privatsektor zur Bekämpfung des Menschenhandels, um die Achtung der Menschenrechte und soziale Unternehmensverantwortung zu fördern, einschließlich durch Sensibilisierung der Öffentlichkeit für die Gefahr des Menschenhandels bei der Produktion und der Herkunft von Gütern und der Bereitstellung von Dienstleistungen;

10. Den privaten Sektor zu bestärken, Strategien und Verfahren einzuführen, um jede Form von Menschenhandel zu verhüten, sich aktiv in die Bemühungen verschiedener Akteure einzubringen, im Hinblick auf den Menschenhandel ein Gefahrenbewusstsein zu entwickeln und vorbildliche Verfahren wie unabhängige Monitoring-, Verifikations- und Zertifizierungsmechanismen einzu- führen, um die Einhaltung beziehungsweise die Umsetzung von Verhaltenskodizes oder selbst gesetzter ethischer Standards, darunter durch Schaffung von Anreizen für Unternehmen, mit ge- bührender Sorgfalt und Transparenz zu handeln, um Missbrauch und Ausbeutung von Beschäf- tigten innerhalb ihrer Lieferkette zu verhindern und für verantwortlich agierende Firmen gleiche Wettbewerbsbedingungen zu schaffen;

11. in Ergänzung der nationalen Rechtsvorschriften Richtlinien zu fördern, die bei der Entschei- dung über die Vergabe von Regierungsaufträgen für Waren und Dienstleistungen berücksichtigen, ob Unternehmen geeignete und wirksame Schritte setzen, um sich mit der Gefahr des Menschen- handels zu befassen, und zwar auch im Hinblick auf ihre Subunternehmer und Angestellten;

12. geeignete Maßnahmen zu ergreifen, um missbräuchliche und betrügerische Arbeits- vermitt- lungs- und Beschäftigungspraktiken, die zum Menschenhandel zum Zwecke der Ausbeutung von 6 Arbeitskräften, der sexuellen Ausbeutung, des Zwangs zur Begehung von Straftaten, oder anderer Formen von Menschenhandel führen können, zu ermitteln und zu beseitigen, einschließlich Maß- nahmen zur Förderung klarer Kriterien für die amtliche Registrierung von Arbeitsvermittlungs- und

333 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

Arbeitskräftebereitstellungsagenturen sowie durch die Stärkung der Rolle der zuständigen Behör- den, wie Arbeitsinspektoren;

13. Maßnahmen zu fördern, um die Nutzung von Zwangsarbeit durch diplomatisches und anderes Personal diplomatischer oder konsularischer Vertretungen und internationaler Organisationen zu verhüten und zu bekämpfen und eine Null-Toleranz-Politik in Bezug auf Menschenhandel durch dieses Personal zu fördern, unter Berücksichtigung international vorbildlicher Verfahren, wie sie beispielsweise im OSZE-Handbuch zur Verhütung des Menschenhandels zur häuslichen Zwangs- dienstbarkeit in Diplomatenhaushalten und zum Schutz privater Hausangestellter zusammengestellt sind, und feststellend, dass viele dieser Maßnahmen im Einklang mit den Wiener Übereinkommen über diplomatische Beziehungen und über konsularische Beziehungen sowie den Amtssitzabkom- men internationaler Organisationen stehen, und anerkennend, dass die Wiener Übereinkommen die Verpflichtung beinhalten, die Gesetze und Vorschriften des Empfangsstaats zu achten, ein- schließlich jener, deren Ziel es ist, Menschenhandel zu verhüten und sich mit ihm zu befassen;

14. Die Sonderbeauftragte und Koordinatorin der OSZE für die Bekämpfung des Menschenhan- dels und gegebenenfalls andere zuständige Durchführungsorgane im Rahmen ihrer jeweiligen Mandate und in Abstimmung mit der Sonderbeauftragten der OSZE zu beauftragen, die Zusam- menarbeit in der Allianz gegen den Menschenhandel und auf anderen regionalen und globalen Plattformen, unter anderem der Interinstitutionellen Koordinierungsgruppe zur Bekämpfung des Menschenhandels, fortzusetzen;

15. Die entsprechenden Durchführungsorgane im Rahmen ihrer jeweiligen Mandate und in Zu- sammenarbeit mit der Sonderbeauftragten und Koordinatorin der OSZE für die Bekämpfung des Menschenhandels zu veranlassen, weiterhin Untersuchungen anzustellen und in Absprache mit den Teilnehmerstaaten Aktivitäten zum Aufbau von Kapazitäten durchzuführen, Teilnehmerstaa- ten auf ihr Ersuchen hin bei der Entwicklung von Strategien und Richtlinien zur Stärkung der Be- mühungen, den Menschenhandel zu verhüten, Hilfestellung zu leisten; (…)

Wien 2017(Beschluss Nr. 7/17 über Verstärkung der Bemühungen zur Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern)

Der Ministerrat, (…)

höchst beunruhigt über das Fortbestehen des Kinderhandels in all seinen Erscheinungsformen über Ländergrenzen hinweg sowie innerhalb von Ländern, einschließlich des Kinderhandels zum Zweck der sexuellen Ausbeutung und der Ausbeutung der Arbeitskraft, und erneut auf die Not- wendigkeit verweisend, entschlossenere Maßnahmen dagegen zu ergreifen,

Bekräftigend, dass das Wohl des Kindes ein Gesichtspunkt ist, der bei Beschlüssen betreffend Men- schenhandel oder sexueller Ausbeutung ausgesetzte Kinder vorrangig zu berücksichtigen ist, und in Bekräftigung der Tatsache, dass es wichtig ist, die besondere die besondere Schutz- und Hilfs- bedürftigkeit von Kindern zu beachten und dem Kind Gelegenheit zu geben, gehört zu werden,

Erschüttert darüber, dass die sexuelle Ausbeutung von Kindern schwerwiegende lebenslange Aus- wirkungen auf die körperliche und seelische Entwicklung und das Wohlergehen des Kindes nach sich ziehen kann und in vielen Fällen eine Form von Menschenhandel ist,

334 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

feststellend, dass jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie andere Formen sexueller Ausbeutung von Kindern die Menschenwürde verletzen und die Wahr- nehmung der Menschenrechte und Grundfreiheiten untergraben,

in der Erwägung, dass jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie andere Formen sexueller Ausbeutung von Kindern schwerwiegende und abscheuliche Ver- brechen sind, die in vielen Fällen mit organisierter Kriminalität in Verbindung stehen und mit allen verfügbaren Mitteln verhindert, untersucht, strafrechtlich verfolgt und geahndet werden müssen, (…)

in Anerkennung der Tatsache, dass sexuelle Ausbeutung von Kindern in der Reise- und Touris- musbranche, die auch das Reisen von einem Land zum anderen umfassen kann, ein schweres Verbrechen darstellt und zur Nachfrage beiträgt, die den Kinderhandel zum Zweck der sexuellen Ausbeutung begünstigt,

den Teilnehmerstaaten, die mit der Reise- und Tourismusbranche, einschließlich mit Fluglinien und anderen Verkehrsträgern, sowie mit Hotels, dem Gastgewerbe im weitesten Sinn und der Zi- vilgesellschaft zusammenarbeiten, und ebenso den einschlägigen internationalen Organisationen empfehlend, jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie an- dere Formen sexueller Ausbeutung von Kindern zu verhindern und Verfahren einzurichten und umzusetzen, um Kinderhandel im Verdachtsfall zu erkennen, zu melden und dagegen vorzugehen,

betonend, dass die Informations- und Kommunikationstechnologien (IKT) eine positive erziehe- rische, entwicklungsfördernde und bewusstseinsbildende Rolle für Kinder spielen, aber auch zur Erleichterung des Zugangs zu Kindern zum Zweck der Ausbeutung oder der Zurschaustellung von Kindern zum Zweck der sexuellen Ausbeutung missbraucht werden können, und dass Plattfor- men sozialer Medien missbraucht werden können, um Kontakte zu Kindern anzubahnen, die in der Folge Opfer von sexuellem Missbrauch sowie jeder Form von Kinderhandel werden können,

Unter Hinweis auf den Zusatz zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels 2013, in dem die Teilnehmerstaaten aufgefordert werden, Grenz- und Strafverfolgungsbeamte, Richter, Staatsanwälte, Einwanderungsbehörden und andere zuständige Beamte in Bezug auf die Nutzung des Internets und anderer IKT zum Zweck des Menschenhandels und damit zusam- menhängender Verbrechen einschließlich jeder Form von Kinderhandel und sexueller Ausbeu- tung von Kindern auszubilden,

besorgt darüber, dass Kinder, die über das Internet Zugang zu Pornografie haben, dafür abstump- fen können, und die Wahrscheinlichkeit steigt, dass sie selbst Opfer von sexuellem Missbrauch oder zu Tätern werden,

in Anbetracht dessen, dass im letzten Jahrzehnt neuartige Techniken zur Altersverifikation ent- wickelt wurden, mit deren Hilfe Kinder davor bewahrt werden könnten, Zugang zu Pornografie im Internet zu erhalten,

mit dem Ausdruck der Besorgnis darüber, dass Kinder in Migrationsströmen, insbesondere unbe- gleitete Minderjährige, besonders gefährdet sind, Opfer von Menschenhandel und sexueller Aus- beutung zu werden, und mit der Feststellung, dass Spezialeinrichtungen, ausreichender Schutz, die Schulung von Mitarbeitern sowie Mitarbeiter in ausreichender Zahl und der Einsatz von weib- 6 lichen Patrouillen diese Risiken mindern können,

335 6.2.1 Allgemeine Bestimmungen in Bezug auf die Prävention

1. ermutigt zur Zusammenarbeit zwischen Teilnehmerstaaten, internationalen Organisationen und der Zivilgesellschaft bei der Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der se- xuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern, in Kenntnis ihrer Bemühungen um die Bekämpfung dieser Verbrechen; (…)

8. ermutigt die Teilnehmerstaaten, IKT-Unternehmen und Social-Media-Unternehmen aufzufor- dern, die Verbreitung von Online-Inhalten, die den sexuellen Missbrauch von Kindern darstellen, zu verhindern und diese zu entfernen, und Kinder zu schützen, indem sie gegen die Online-Kon- taktaufnahme durch Menschenhändler zum Zweck jeder Form von Kinderhandel sowie anderer Formen sexueller Ausbeutung von Kindern vorgehen und dazu unter anderem neue Instrumente und Techniken entwickeln; (…)

12. Beauftragt die zuständigen OSZE-Durchführungsorgane, nach Maßgabe ihres Mandats und in Abstimmung mit der Sonderbeauftragten und Koordinatorin der OSZE für die Bekämpfung des Menschenhandels, den Teilnehmerstaaten auf deren Ersuchen auch weiterhin bei der Umsetzung ihrer Verpflichtungen im Zusammenhang mit jeder Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern behilflich zu sein;

13. Lädt die Kooperationspartner der OSZE ein, sich auf freiwilliger Basis den Verpflichtungen der Teilnehmerstaaten zur Bekämpfung jeder Form von Kinderhandel, auch zum Zweck der se- xuellen Ausbeutung, sowie anderer Formen sexueller Ausbeutung von Kindern anzuschließen.

Mailand 2018, (Beschluss Nr. 6/18 über Verstärkung der Bemühungen zur Verhütung und Bekämpfung des Kinderhandels, auch des Handels mit unbegleiteten Minderjährigen)

Der Ministerrat,

ernstlich beunruhigt über das Ausmaß des Handels mit Kindern, auch mit unbegleiteten, in al- len seinen Formen, unter anderem für die Zwecke der sexuellen Ausbeutung, der Zwangsarbeit, der erzwungenen Verübung von Straftaten, der Zwangsverheiratung und der Organentnahme, (…)

zutiefst besorgt über die zuletzt große Zahl an unbegleiteten Kindern, die durch Menschenhan- del besonders gefährdet sind, (…)

mit dem Ausdruck der Anerkennung für diejenigen Teilnehmerstaaten, die besondere gesetzliche und andere Maßnahmen zur frühzeitigen Identifizierung, zur Aufnahme und zum Schutz von durch Menschenhandel gefährdeten Kindern, einschließlich unbegleiteter Minderjähriger, verabschieden,

In Anerkennung der Bedeutung des Beitrags der Zivilgesellschaft, einschließlich religiöser Or- ganisationen, mit dem sie unter anderem die Arbeit nationaler Behörden zur Verhütung und Be- kämpfung aller Formen des Kinderhandels mittels nationaler Mechanismen zur Bekämpfung des Menschenhandels, gegebenenfalls einschließlich Nationaler Verweismechanismen, unterstützen,

336 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

Kenntnis nehmend von der 17. Konferenz der Allianz gegen den Menschenhandel zum Thema „Kinderhandel und das Wohl des Kindes“ (2017) und dem ersten Zusätzlichen OSZE-Treffen zur menschlichen Dimension mit dem Titel „Kinderhandel – von der Verhütung zum Schutz“ (2018),

fordert die Teilnehmerstaaten auf: (…)

13. Die zuständigen Durchführungsorgane der OSZE zu beauftragen, im Rahmen ihrer Mandate und der verfügbaren able resources and in co-ordination with the OSCE Special Representative and Co-ordinator for die Bekämpfung des Menschenhandels die Teilnehmerstaaten auf deren Er- suchen auch weiterhin bei der Befassung mit allen Formen von Kinderhandel zu unterstützen, in- dem sie unter anderem die vorhandene Wissensbasis erweitern und gleichzeitig Doppelarbeit und Doppelfinanzierung von Programmen vermeiden.

6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

24. Wir werden Maßnahmen ergreifen, um (…) jeder Form des Menschenhandels ein Ende zu set- zen. Um derartige Verbrechen zu verhüten, werden wir unter anderem für die Verabschiedung oder Verschärfung von Gesetzen eintreten, die die Täter zur Verantwortung ziehen (…)

Wien 2000 (Beschluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel)

Der Ministerrat, (…)

3. Ist sich dessen bewusst, dass die Hauptverantwortung für die Bekämpfung des Menschenhan- dels in Form eines ganzheitlichen und koordinierten Lösungsansatzes, der (…) die Verfolgung der Händler und ihrer Komplizen einschließt, bei den Teilnehmerstaaten liegt; (…)

Bukarest 2001 (Beschluss Nr. 6/01)

Der Ministerrat, (…)

ermutigt zu einem Informationsaustausch im Hinblick auf verstärkte Untersuchungen, Strafver- folgung und Verbrechensverhütung; 6

337 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

Porto 2002 (Erklärung zum Menschenhandel)

Wir rufen die Teilnehmerstaaten auf, die internationale Zusammenarbeit zur Bekämpfung des organisierten Verbrechens, einschließlich Straftaten wie illegaler Drogen- und Waffenhandel und Schmuggel von Migranten, zu verstärken. In diese Zusammenarbeit sollten für die Zwecke der strafrechtlichen Ermittlung und Verfolgung der für Menschenhandel Verantwortlichen im Ein- klang mit innerstaatlichem Recht und gegebenenfalls internationalen Verpflichtungen auch in- ternationale Strafverfolgungsbehörden wie Europol und Interpol sowie die Südosteuropäische Kooperationsinitiative (SECI) eingebunden werden (…)

Maastricht 2003 (Anhang zum Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels; Aktionsplan der OSZE zur Bekämpfung des Menschenhandels)

III. Untersuchung, Rechtsdurchsetzung und Strafverfolgung (…)

Empfohlene Maßnahmen auf nationaler Ebene

1. Kriminalisierung 1.1 Ergreifen der notwendigen gesetzgeberischen und sonstigen Maßnahmen, um die in Artikel 3 des Protokolls der Vereinten Nationen zur Verhütung, Bekämpfung und Bestrafung des Menschen- handels, insbesondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität genannten Hand- lungen als Straftaten zu umschreiben. 1.2 Ergreifen der notwendigen gesetzgeberischen und sonstigen Maßnahmen, um folgende Hand- lungen als Straftaten zu umschreiben: • den Versuch, diese Straftat zu begehen; • die Beteiligung an dieser Straftat als Mittäter oder Gehilfe; • die Organisation der Begehung dieser Straftat oder die Anleitung anderer zu ihrer Begehung. 1.3 Ergreifen der notwendigen Maßnahmen, um zusätzlich zur Verantwortlichkeit natürlicher Personen auch die Verantwortlichkeit juristischer Personen für Straftaten im Zusammenhang mit dem Menschenhandel festzulegen. Vorbehaltlich der Rechtsgrundsätze des Teilnehmerstaats kann die Verantwortlichkeit juristischer Personen strafrechtlicher, zivilrechtlicher und/oder ver- waltungsrechtlicher Art sein. 1.4 Ausarbeitung von Gesetzesbestimmungen für wirksame und angemessene strafrechtliche Sanktionen, einschließlich Haftstrafen, die der Schwere dieses Verbrechens gerecht werden. Ge- gebenenfalls sollten die Rechtsvorschriften zusätzliche Sanktionen für Personen vorsehen, die des Menschenhandels unter erschwerenden Umständen schuldig befunden wurden, etwa im Falle von Straftaten im Zusammenhang mit Kinderhandel oder von Straftaten, die von Amtsträgern oder mit deren Beihilfe begangen wurden. 1.5 Erwägung gesetzlicher Bestimmungen zur Einziehung der für den Menschenhandel und damit zusammenhängende Straftaten verwendeten Tatwerkzeuge und der daraus stammenden Erträge; sofern dies nicht der innerstaatlichen Gesetzgebung widerspricht, sollte dabei auch festgelegt wer- den, dass die eingezogenen Erträge aus dem Menschenhandel den vom Menschenhandel Betrof- fenen zugute kommen. Die Einrichtung eines Entschädigungsfonds für die vom Menschenhandel Betroffenen und die Verwendung der eingezogenen Vermögenswerte zur Mitfinanzierung dieses Fonds sollte in Erwägung gezogen werden.

338 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

1.6 Gewährleistung, dass der Menschenhandel, die damit verbundenen Handlungen und die ein- schlägigen Straftaten nach innerstaatlichem Recht und nach Auslieferungsverträgen als Strafta- ten gelten, die der Auslieferung unterliegen. 1.7 Ergreifen gesetzgeberischer und sonstiger Maßnahmen, um die aktive oder passive Bestechung von Amtsträgern im Sinne der Artikel 8 und 9 des Übereinkommens der Vereinten Nationen ge- gen die grenzüberschreitende organisierte Kriminalität als Straftaten zu umschreiben. 1.8 Gewährleistung, dass die vom Menschenhandel Betroffenen nicht ausschließlich als unmittel- bare Folge der Tatsache, dass sie Opfer des Menschenhandels wurden, strafrechtlich verfolgt werden.

2. Reaktionen im Bereich der Strafverfolgung 2.1 Vollständige Umsetzung der gesetzlichen Maßnahmen gegen den Menschenhandel und der damit zusammenhängenden Maßnahmen. 2.2 Einrichtung eigener Dienststellen zur Bekämpfung des Menschenhandels – bestehend aus weiblichen und männlichen Bediensteten -, begleitet von Maß-nahmen zur weiterführenden Aus- bildung für die Ermittlung im Falle von Straftaten, bei denen es um sexuelle Gewalt oder Kinder geht, um für mehr Kompetenz, Professionalität und Integrität zu sorgen. 2.3 Aufbau von Kapazitäten im Bereich der Korruptionsbekämpfung. 2.4 Entwicklung von Programmen für bürgernahe Polizeiarbeit: Stärkung des Vertrauens zwi- schen Polizei und Öffentlichkeit, wodurch unter anderem die Beschaffung von Informationen über Fälle von Menschenhandel erleichtert und die Bereitschaft der Betroffenen zur Anzeige von Straftaten erhöht werden soll. 2.5 Verstärkung der Zusammenarbeit zwischen polizeilichen Ermittlungsorganen, um die Her- kunft verdächtiger Vermögenswerte aus möglicherweise kriminellen, mit Menschenhandel im Zu- sammenhang stehenden Aktivitäten festzustellen. 2.6 Bereitstellung nicht nur der Ressourcen und Ausbildungsmöglichkeiten für den Aufbau ei- ner kriminalpolizeilich ausgerichteten Ermittlungsarbeit für den Umgang mit Verbrechen und die Analyse kriminalpolizeilicher Informationen, sondern auch Bereitstellung aller anderen fort- schrittlichen Kenntnisse, Fertig-keiten und Ausrüstungen, die Beamte mit Polizeibefugnissen bei der Wahr-nehmung ihrer Aufgaben zur Bekämpfung des Menschenhandels benötigen. 2.7 Einwirken auf Untersuchungsbehörden und Staatsanwälte, damit diese sich bei der Untersu- chung und der Strafverfolgung nicht ausschließlich auf Zeugenaus-sagen verlassen. Es sollte nach alternativen Untersuchungsstrategien gesucht werden, damit die Betroffenen nicht mehr vor Ge- richt aussagen müssen. 2.8 Suche nach gangbaren Wegen, um zu gewährleisten, dass Mitarbeiter von OSZE-Missionen, die gegen den OSZE-Verhaltenskodex für Missionsmitarbeiter und andere Vorschriften versto- ßen, auf jeden Fall mit Sanktionen zu rechnen haben, wozu gegebenenfalls auch Disziplinar- und Strafverfahren zählen können. 2.9 Vorrangige Befassung mit der Korruption in örtlichen Strafverfolgungsbehörden und Gewähr- leistung, dass gegen Strafverfolgungsbehörden, die in korrupte Praktiken im Zusammenhang mit Menschenhandel verwickelt sind, entsprechende Disziplinar- und Strafverfahren eingeleitet werden.

3. Zusammenarbeit auf dem Gebiet der Strafverfolgung und Informationsaustausch zwischen den Teilnehmerstaaten 6 3.1 Enge Zusammenarbeit untereinander und im Einklang mit der jeweiligen innerstaatlichen Rechts- und Verwaltungsordnung, um die Wirksamkeit der Maßnahmen der Strafverfolgungsbe- hörden zur Bekämpfung der Straftaten, die Gegenstand dieses Aktionsplans sind, zu verstärken.

339 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

Förderung ähnlicher Kooperation und Koordination zwischen Polizeidienststellen innerhalb ei- nes Staates. 3.2 Insbesondere Ergreifen wirksamer Maßnahmen • um Nachrichtenverbindungen zwischen den Teilnehmerstaaten zu verbessern und erforderli- chenfalls einzurichten; • um bei Ermittlungen in Bezug auf Straftaten, die Gegenstand dieses Aktionsplans sind, zusam- menzuarbeiten; • um gegebenenfalls die erforderlichen Gegenstände oder Beweise zu Analyse- oder Ermittlungs- zwecken zur Verfügung zu stellen; • um die wirksame Koordination zwischen ihren zuständigen Behörden, Stellen und Ämtern zu erleichtern und den Austausch von Personal und anderen Sachverständigen, einschließlich des Einsatzes von Verbindungsbeamten, vorbehaltlich bilateraler Abkommen oder sonstiger Ver- einbarungen zwischen den betreffenden Teilnehmerstaaten, zu fördern; • um Informationen über die von organisierten kriminellen Gruppen eingesetzten konkreten Mittel und Methoden auszutauschen, einschließlich gegebenenfalls der benutzten Wege und Beförderungsmittel und der Verwendung falscher Identitäten, veränderter oder gefälschter Do- kumente oder sonstiger Mittel zur Verschleierung ihrer Tätigkeit; • um die Verwaltungs- und anderen Maßnahmen zu koordinieren, die geeignet erscheinen, um die Straftaten, die Gegenstand dieses Aktionsplans sind, frühzeitig aufzudecken. 3.3 Abschluss von Übereinkünften über bilaterale und multilaterale Zusammenarbeit auf dem Ge- biet der Strafverfolgung zur Erleichterung des Informationsaustauschs. 3.4 Bemühungen zur Entwicklung gemeinsamer Standards für die Sammlung statistischer Daten.

4. Hilfe und Schutz für Zeugen und Betroffene im Strafverfahren 4.1 Ergreifen geeigneter Maßnahmen im Rahmen der den Teilnehmerstaaten zu Gebote stehen- den Mittel, einschließlich gesetzgeberischer Maßnahmen, um Zeugen in Strafverfahren, die über Straftaten, die Gegenstand dieses Aktionsplans sind, aussagen, sowie gegebenenfalls ihren Ver- wandten und anderen ihnen nahe stehenden Personen wirksamen Schutz vor möglicher Vergel- tung oder Einschüchterung zu gewähren. 4.2 Sensibilisierung der Strafverfolgungsbehörden und -beamten im Hinblick auf ihre Verantwor- tung für die Gewährleistung des Schutzes und des unmittelbaren Wohles der vom Menschenhan- del Betroffenen. 4.3 Gewährleistung des Datenschutzes und des Rechtes der Betroffenen auf Schutz der Privat- sphäre, auch im Verlauf der Sammlung und Analyse von Daten. 4.4 Erleichterung der Teilnahme der Betroffenen als Zeugen an der Untersuchung, der Gerichts- verhandlung oder anderen strafrechtlichen Verfahren, indem ihnen im Zuge des Zeugenschutzes die Möglichkeit zur Umsiedlung eingeräumt wird. 4.5 Bereitstellung von Rechtsberatung für die Betroffenen bei der Entscheidung, ob sie als Zeugen aussagen werden oder nicht. 4.6 Zulassung des Beistands von NROs für die Betroffenen bei der Einvernahme vor Gericht, so- fern dies nicht innerstaatlichen Rechtsvorschriften widerspricht.

5. Aus- und Fortbildung

340 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

5.1 Bereitstellung oder Verbesserung von Ausbildungsmöglichkeiten für Grenzwachebeamte, Poli- zeibeamte, Richter, Staatsanwälte, Mitarbeiter der Einwanderungsbehörden und andere einschlä- gige Bedienstete in Bezug auf alle Aspekte des Menschenhandels. 5.2 Berücksichtigung von Menschenrechtsfragen sowie von kinder- und geschlechtsspezifischen Fra- gen in diesen Ausbildungsprogrammen und Ermutigung zur Zusammenarbeit mit nichtstaatlichen Organisationen, anderen einschlägigen Organisationen und anderen Teilen der Zivilgesellschaft.

6. Maßnahmen an den Grenzen 6.1 Erwägung von Maßnahmen, die es in Übereinstimmung mit dem innerstaatlichen Recht ge- statten, Personen, die an der Begehung von im geltenden Recht definierten Straftaten beteiligt sind, die Einreise zu verweigern, ihre Sichtvermerke für ungültig zu erklären oder sie eventuell vorübergehend festzunehmen. 6.2 Erwägung einer verstärkten Zusammenarbeit zwischen den Grenzkontrollbehörden, unter an- derem durch Einrichtung und Aufrechterhaltung direkter Nachrichtenverbindungen.

7. Sicherheit und Kontrolle von Dokumenten 7.1 Ergreifen der erforderlichen Maßnahmen im Rahmen der verfügbaren Mittel, um sicherzu- stellen, dass die Qualität der von oder im Namen von Teilnehmerstaaten ausgestellten Reise- oder Identitätsdokumente so beschaffen ist, dass sie nicht leicht missbraucht und nicht ohne weiteres gefälscht oder auf rechtswidrige Weise verändert, vervielfältigt oder ausgestellt werden können.

8. Rechtmäßigkeit und Gültigkeit von Dokumenten 8.1 Auf Ersuchen eines anderen Teilnehmerstaats und in Übereinstimmung mit dem innerstaatli- chen Recht Überprüfung der Rechtmäßigkeit und Gültigkeit von Reise- oder Identitätsdokumenten, die tatsächlich oder angeblich in seinem Namen ausgestellt wurden, innerhalb eines angemessenen Zeitraums, wenn Grund zur Annahme besteht, dass sie für den Menschenhandel benutzt werden

Sofia 2004 (Beschluss Nr. 13/04 über Die besondere Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel)

Der Ministerrat, (…)

1. Beschließt, die Bemühungen der OSZE um Verhütung des Kinderhandels, (…) und um Ver- folgung der Täter unter Beachtung des Aktionsplans der OSZE zur Bekämpfung des Menschen- handels zu verstärken; (…)

3. kommt überein, der Nachfrage verstärkt entgegenzuwirken, unter anderem durch Bekämpfung des Kindersextourismus; Lädt in diesem Zusammenhang die Teilnehmerstaaten auch ein, unter anderem die Ausarbeitung gesetzlicher Maßnahmen in Erwägung zu ziehen, um Bürger, die Kin- der sexuell ausbeuten, strafrechtlich verfolgen zu können, auch wenn diese Ausbeutung in einem anderen Land erfolgt ist (…)

341 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

Der Ministerrat, (…)

2. Fordert die Teilnehmerstaaten eindringlich auf, einen umfassenden Ansatz zur Bekämpfung aller Formen von Menschenhandel durch nationale, regionale und internationale Vereinbarun- gen, Kooperationen und Koordination zwischen Strafverfolgungsbeamten, Arbeitsinspektoraten, Abteilungen für sozialen Schutz, medizinischen Einrichtungen, Zuwanderungs- und Grenzbeam- ten, (…) sowie anderen einschlägigen Akteuren zu fördern, einschließlich eines geschlechtsspezi- fischen Ansatzes. Zu diesem Zweck wird den Teilnehmerstaaten empfohlen, nationale Leitstellen einzurichten und nationale Koordinatoren zu bestellen; (…)

6. ermutigt die Teilnehmerstaaten, den Menschenhandel für die Zwecke der Ausbeutung von Ar- beitskräften aktiver zu bekämpfen, indem sie unter anderem: (…)

(g) Moderne operative bewährte Praktiken in den polizeilichen Ermittlungen in Fällen von Men- schenhandel zum Zwecke der Ausbeutung von Arbeitskräften weitergeben und sicherstellen, dass Polizeibeamte, die in Fällen von Menschenhandel ermitteln, regelmäßige Kontakte mit ihren Amts- kollegen in anderen Dienststellen haben, die gegebenenfalls für Ermittlungen in Bezug auf Arbeits- bedingungen zuständig sind, und bei der Identifizierung von Opfern des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften und bei deren Schutz multidisziplinär vorgehen; (…)

Madrid 2007 (Beschluss Nr. 8/07 über die Bekämpfung des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften)

Der Ministerrat, (…)

ruft die Teilnehmerstaaten dazu auf: (…)

4. verstärkte Bemühungen an den Tag zu legen und für effizientere Verfahren zu sorgen, um Opfer von Menschenhandel zu identifizieren, und diesbezüglich ihren Arbeitsinspektoren die für diese Aufgabe erforderlichen Schulungen und Ressourcen zu bieten und gegebenenfalls Inspektionen in Bereichen zu verstärken, die für die Ausbeutung von Arbeitskräften besonders anfällig sind; (…)

6. im Einklang mit dem innerstaatlichen Recht in Erwägung zu ziehen, eine ersatzweise Vertre- tung von Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften in Ge- richtsverfahren zu ermöglichen, wenn das Opfer dazu nicht in der Lage ist; (…)

14. wirksame und verhältnismäßige Strafen für jene Personen zu gewährleisten, die dem Men- schenhandel für die Zwecke der Ausbeutung von Arbeitskräften Vorschub leisten, darunter auch ausbeuterische Arbeitgeber;

342 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

15. wirksame Strafen für den Fall vorzusehen, dass Arbeitgeber oder Arbeitsvermittlungsstellen auf Schuldknechtschaft beruhende Arbeitsverhältnisse herbeiführen; (…)

17. in Erwägung zu ziehen, dass Auftragnehmer, die wissentlich Subunternehmer heranziehen, die in Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften verwickelt sind, für dieses Delikt zur Verantwortung gezogen werden können;

18. in Erwägung zu ziehen, Richtern, Staatsanwälten, Polizeibeamten und Arbeitsinspektoren Schulungen zu Fragen von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften – sowohl unter dem Gesichtspunkt der Strafverfolgung als auch des Opferschutzes – anzubieten, und in dieser Hinsicht erforderlichenfalls zu gewährleisten, dass entsprechende Ressourcen zur Verfügung gestellt werden; (…)

21. Die Zusammenarbeit auf internationaler Ebene zu verstärken, indem sie Informationen über die Bekämpfung von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften weiter- geben und über bewährte Praktiken informieren und indem sie Mittel und Wege zur Verstärkung der Zusammenarbeit in Fragen der Strafverfolgung (…) (…)

Helsinki 2008 (Beschluss Nr. 5/08 über die Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept)

Der Ministerrat, (…)

Unter erneuter Bekundung seiner Besorgnis darüber, dass trotz fortwährend auf internationaler, regionaler und nationaler Ebene (…) und dass bisher nur wenige Menschenhändler vor Gericht gestellt wurden,

in Anerkennung der Tatsache, dass die Bereitstellung von Schutz und Unterstützung für die Op- fer von Menschenhandel in geeigneter Form und eine verbesserte Identifizierung der Opfer zu den Voraussetzungen dafür gehören, dass die Strafgerichtsbarkeit wirksam gegen den Menschenhandel vorgehen kann, auch durch strafrechtliche Verfolgung der Täter und ihrer Komplizen,

unter erneutem Hinweis darauf, dass die Verpflichtung, dieses Verbrechen zu bekämpfen, glei- chermaßen für die Herkunfts-, die Transit- und die Zielländer gilt,

In Bekräftigung unserer Unterstützung für Bemühungen der Teilnehmerstaaten, in Zusammen- arbeit mit internationalen und regionalen Organisationen, Nichtregierungsorganisationen und anderen maßgeblichen Stellen ein umfassendes, koordiniertes und ganzheitliches Konzept zur Bekämpfung des Menschenhandels in Erwägung zu ziehen, wozu unter anderem auch Maßnah- men zur Verhütung des Menschenhandels, (…) und zur strafrechtlichen Verfolgung der Täter ge- hören, und die Aktivitäten grenzüberschreitender krimineller Organisationen und anderer, die vom Menschenhandel profitieren, zu bekämpfen, (…) 6 entschlossen, die Reaktion der Strafgerichtsbarkeit auf den Menschenhandel wirksamer zu gestalten,

343 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

1. legt den Teilnehmerstaaten, die dies noch nicht getan haben, nahe, dafür Sorge zu tragen, dass alle im OSZE-Aktionsplan definierten Formen von Menschenhandel in ihren innerstaatlichen Rechtsvorschriften einen strafrechtlichen Tatbestand darstellen und dass Täter, die sich des Men- schenhandels schuldig gemacht haben, nicht ungestraft bleiben;

2. legt den Teilnehmerstaaten nahe, dafür Sorge zu tragen, dass in die Lehrpläne für das Personal der Strafverfolgungsbehörden eine Ausbildung zu Fragen der Bekämpfung des Menschenhandels aufgenommen wird und dass die zuständigen Beamten in den nationalen Anklagebehörden und der Justiz eine Spezialausbildung zu Fragen der Bekämpfung des Menschenhandels erhalten. Jeder Teilnehmerstaat wird bei der Unterweisung seines militärischen und zivilen Personals vor Aus- landseinsätzen Strategien und Konsequenzen hinsichtlich des Menschenhandels berücksichtigen;

3. fordert die Teilnehmerstaaten nachdrücklich auf, dafür Sorge zu tragen, dass die Strafverfol- gungsbehörden und gegebenenfalls die Justiz untereinander und mit anderen Stellen einschließlich sozialer Einrichtungen sowie gegebenenfalls mit einschlägigen zivilgesellschaftlichen Organisa- tionen zusammenarbeiten, um die Identifizierung der Opfer von Menschenhandel zu verbessern;

4. legt den Teilnehmerstaaten nahe, wo es angebracht und in ihren diesbezüglichen Gesetzen vorge- sehen ist, dafür Sorge zu tragen, dass zivilgesellschaftliche Organisationen, die sich für den Schutz der Rechte von Opfern des Menschenhandels einsetzen, die Möglichkeit haben, den Opfern auch während eines Strafverfahrens Hilfe und Unterstützung zukommen zu lassen, und in diesem Zu- sammenhang die Aufnahme einer Zusammenarbeit zwischen Strafverfolgungsbehörden und zi- vilgesellschaftlichen Organisationen in Erwägung zu ziehen;

5. ruft die Teilnehmerstaaten auf, dafür Sorge zu tragen, dass eine Person – wenn die Behörden berechtigten Grund zur Annahme haben, dass sie ein Opfer von Menschenhandel ist – nicht vor dem ordnungsgemäßen Abschluss des Identifizierungsverfahrens abgeschoben wird und dass diese Person entsprechende Unterstützung erhält, unter anderem auch – wenn dies im innerstaatlichen Recht vorgesehen ist – in Form einer angemessenen Erholungs- und Bedenkzeit, in der keine Ab- schiebung erfolgen darf; (…)

7. ruft die Teilnehmerstaaten, die dies noch nicht getan haben, auf, besondere Maßnahmen für den Schutz und die Unterstützung der Opfer von Kinderhandel während des gesamten Strafver- fahrens zu treffen, im Einklang mit den Grundsätzen des Kindeswohls, der Nichtdiskriminierung, der Mitwirkung und der Möglichkeit des Kindes, gehört zu werden;

8. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, auf, dafür Sorge zu tragen, dass Ermittlungen wegen Menschenhandel oder die strafrechtliche Verfolgung von Menschenhandel nicht von einer Anzeige oder einer Anklage des Opfers abhängig gemacht werden;

9. ruft die Teilnehmerstaaten dazu auf, sich weiterhin um Gewährleistung dessen zu bemühen, dass Opfer von Menschenhandel so behandelt werden, dass sie, ohne durch Einschüchterungoder Schika- nen bedroht zu werden, in den vollen Genuss der Menschenrechte kommen, und die Tatsache anzu- erkennen, dass die Opfer eine angemessene Zeit benötigen, um sich von ihrem Trauma zu erholen;

10. legt den Teilnehmerstaaten nahe, nach Maßgabe ihrer jeweiligen Gesetze Maßnahmen zu tref- fen, damit Opfer von Menschenhandel die Möglichkeit haben, eine faire und angemessene Entschä- digung für das ihnen zugefügte Leid zu erhalten und im Zuge strafrechtlicher bzw. zivilrechtlicher Verfahren gegebenenfalls Schadenersatz geltend zu machen;

344 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

11. ruft zu einer verstärkten Zusammenarbeit der nationalen Strafverfolgungs- und Anklagebe- hörden mit einschlägigen internationalen Organen, einschließlich Interpol und Europol, und mit den Strafverfolgungsbehörden anderer Teilnehmerstaaten auf, zum Beispiel durch den Einsatz von Verbindungsbeamten oder gemeinsamen Ermittlungsgruppen, wo dies die Effizienz und Wirk- samkeit der Reaktion vonseiten der Strafgerichtsbarkeit erhöht;

12. fordert die Teilnehmerstaaten nachdrücklich dazu auf, stärker gegen Menschenhandelsnetz- werke vorzugehen, unter anderem durch Ermittlungen der Finanzbehörden, Ermittlungen bei Geldwäsche mit Bezug zu Menschenhandel und das Einfrieren bzw. die Beschlagnahmung des Vermögens von Menschenhändlern;

Vilnius 2011 (Ministererklärung über die Bekämpfung jeder Form von Menschenhandel) (…)

13. Wir stellen fest, dass die Systeme zum Schutz der Kinder verstärkt werden müssen, um eine wirksame Prävention, Identifizierung und Reaktion auf Kinderhandel in allen seinen Formen zu ermöglichen und den Opfern von Kinderhandel oder durch Kinderhandel gefährdeten Kindern unter Beachtung des Kindeswohls Unterstützung und Hilfe angedeihen zu lassen, etwa auch durch entsprechende Leistungen und Maßnahmen für ihr körperliches und seelisches Wohl sowie für ihre Erziehung, Rehabilitation und Wiedereingliederung.

Kiew 2013(Ministererklärung über die Verstärkung der Bemühungen der OSZE im Umgang mit grenzüberschreitenden Bedrohungen)

Wir, die Mitglieder des Ministerrats der OSZE – in Anerkennung der sich weiterentwickelnden grenzüberschreitenden Bedrohungen in der OSZE-Region und darüber hinaus sowie der Notwen- digkeit, ausgehend von einem koordinierten dimensionsübergreifenden Ansatz auf internationa- ler Ebene gemeinsam und wirksam darauf zu reagieren, (…),

Würdigen die Aktivitäten der OSZE-Teilnehmerstaaten zur Stärkung der Zusammenarbeit im 6 Umgang mit grenzüberschreitenden Bedrohungen in Bereichen wie zum Beispiel Terrorismusbe- kämpfung, Kampf gegen organisierte Kriminalität, Menschen- und (…) sowie Entwicklung ver- trauensbildender Maßnahmen (VBM) (…), die alle zusammen zur Profilierung der OSZE in der Bekämpfung grenzüberschreitender Bedrohungen beigetragen haben;

345 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

(…)

ermutigen die OSZE-Teilnehmerstaaten und die zuständigen Durchführungsorgane, sich im Rah- men ihrer Mandate und festgelegten Verfahren intensiver darum zu bemühen, im Umgang mit be- reits bestehenden und neu entstehenden grenzüberschreitenden Bedrohungen eine einheitlichere Zielsetzung und Vorgehensweise zu erreichen, und den Dialog in diesem Bereich fortzusetzen, so auch auf konkreten und zielorientierten OSZE-weiten einschlägigen Konferenzen, die bei Bedarf und vorzugsweise jährlich abzuhalten sind;

Fordern die OSZE-Teilnehmerstaaten auf, die Zusammenarbeit mit den Vereinten Nationen und anderen einschlägigen internationalen und regionalen Organisationen auf der Basis der Plattform für kooperative Sicherheit von 1999 sowie mit den OSZE-KooperationsPartnern im Mittelmeerraum und in Asien – erforderlichenfalls auch mit Unterstützung zuständiger OSZE-Durchführungsor- gane – auszubauen, um die Kapazitäten der OSZE in der Bekämpfung grenzüberschreitender Be- drohungen, auch unter Einbindung der Zivilgesellschaft, weiter zu stärken.

Basel 2014 (Beschluss Nr. 7/14 über Verhütung und Bekämpfung von Gewalt gegen Frauen) (…)

(D) Verfolgung

7. legt den Teilnehmerstaaten nahe:

Wien 2017 (Beschluss Nr. 6/17 über Verstärkung der Bemühungen zur Verhütung des Menschenhandels) (…)

346 6.2.2 Untersuchung, Rechtsdurchsetzung und Strafverfolgung

3. fordert die OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, auf, rechtliche Maßnah- men zu prüfen, die ihnen die strafrechtliche Verfolgung ihrer Staatsangehörigen wegen schwerer Verbrechen an Kindern erlauben, auch dann, wenn diese in einem anderen Land verübt wurden;

4. fordert die OSZE-Teilnehmerstaaten auf, durch Erziehung und Aufklärung jede Form von Kin- derhandel und sexueller Ausbeutung von Kindern, unter anderem auch in touristischen Reisezielen, zu verhüten und in Zusammenarbeit mit der Privatwirtschaft und der Zivilgesellschaft die Tou- rismusbranche sowie Geschäftsreisende und Touristen verstärkt dafür zu sensibilisieren, um die Nachfrage zu beseitigen, die den Kinderhandel und die sexuelle Ausbeutung von Kindern forciert;

5. Fordert die OSZE-Teilnehmerstaaten auf, die Zusammenarbeit und Koordination zwischen den zuständigen Behörden wie Strafverfolgungs-, Einwanderungs- und Grenzbehörden der Teilnehmer- staaten, der Kooperationspartner und Zielländer außerhalb der OSZE-Region zu verstärken, unter anderem indem sie unter vollständiger Einhaltung nationaler Rechtsvorschriften und nationaler und internationaler datenschutzrechtlicher Bestimmungen Maßnahmen prüfen, wie etwa folgende:

(a) Verabschiedung zusätzlicher, die Täter betreffender Verwaltungsmaßnahmen, wie etwa die Ein- tragung von Personen, die wegen sexueller Ausbeutung beziehungsweise sexuellen Missbrauchs von Kindern strafrechtlich verurteilt wurden, in Sexualstraftäterregister;

(b) wo zutreffend, Mittel und Wege für die grenzüberschreitende Entgegennahme und/oder den grenzüberschreitenden Austausch von Daten zwischen Straf- verfolgungs- und/oder Justizbehör- den über Personen, die wegen sexueller Ausbeutung oder sexuellen Missbrauchs von Kindern strafrechtlich verurteilt wurden;

6. legt den Teilnehmerstaaten dringend nahe, Menschenhändler und Personen, die Kinder sexu- ell ausbeuten, strafrechtlich zu verfolgen, einschließlich jener, die Informations- und Kommuni- kationstechnologien dazu missbrauchen, um Kinder anzuwerben oder den Zugang zu Kindern für die Zwecke des Kinderhandels oder der sexuellen Ausbeutung zu erleichtern, und Strafen zu verhängen, die eine wirksame Abschreckung darstellen und dem Verbrechen angemessen sind;

7. fordert die Teilnehmerstaaten, die dies noch nicht getan haben, auf, die Einführung von Tech- niken zur Altersverifikation zu fördern, um den Zugang von Kindern zu pornografischen Web- seiten einzuschränken;

9. Fordert die Teilnehmerstaaten auf, wo angebracht und bei gleichzeitigem Schutz personenbe- zogener Daten vor krimineller Nutzung, Daten über Kinderhandel und die sexuelle Ausbeutung von Kindern mit der Internationalen Bilddatenbank gegen die sexuelle Ausbeutung von Kindern (ICSE-DB) von Interpol abzugleichen, einer Schaltstelle für die weltweite Opferermittlung, die auch zur Ermittlung der Menschenhändler und ihrer Mittäter herangezogen werden kann, und die Finanzflüsse zu verfolgen, um kriminelle Netzwerke zu zerschlagen; 6 10. fordert die Teilnehmerstaaten auf, Grenz- und Strafverfolgungsbeamten, Richtern, Staats- anwälten, Einwanderungsbehörden und anderen zuständigen Beamten sowie Lehrern und in

347 6.2.3 Schutz und Unterstützung der Opfer

Gesundheitsberufen Tätigen erforderlichenfalls noch mehr informations- und kommunikations- technische Spezialausbildung zukommen zu lassen, mit dem Ziel, jede Form von Kinderhandel sowie anderer sexueller Ausbeutung von Kindern zu bekämpfen;

11. Ermutigt die Teilnehmerstaaten dazu, das öffentliche Bewusstsein dafür zu schärfen, dass Kin- der in Migrationsströmen besonders gefährdet sind für jede Form von Kinderhandel, auch zum Zweck der sexuellen Ausbeutung, sowie für andere Formen sexueller Ausbeutung von Kindern, die Kapazitäten von Ersthelfern für die Ermittlung von Kindern, die Menschenhandel oder ande- rer sexueller Ausbeutung zum Opfer gefallen sind, zu erhöhen und ihren Zuständigkeitsbereich auszuweiten und ihnen Schutz und entsprechende Unterstützung und die Weiterleitung zu Rechts- beistand und wirksamen Rechtsbehelfen und gegebenenfalls zu anderen Dienstleistungen zukom- men zu lassen, wie das die einschlägigen Bestimmungen des Zusatzes zum OSZE-Aktionsplan zur Bekämpfung des Menschenhandels 2013 vorsehen;

Mailand 2018, (Beschluss Nr. 6/18 über Verstärkung der Bemühungen zur Verhütung und Bekämpfung des Kinderhandels, auch des Handels mit unbegleiteten Minderjährigen) (…)

9. die Strafverfolgungs- oder andere zuständige Behörden gegebenenfalls zur Zusammenarbeit aufzufordern, indem sie im Einklang mit ihren jeweiligen innerstaatlichen Rechtsvorschriften, einschließlich jener über den Schutz personenbezogener Daten, Informationen über Opfer des Kin- derhandels und über durch Menschenhandel gefährdete Kinder sammeln und austauschen, um sie besser zu schützen und sich wirksamer mit der Frage abgängiger Kinder auseinanderzusetzen;

10. die nationale, regionale und internationale Zusammenarbeit zur Verhütung und Bekämpfung des Kinderhandels, insbesondere in Bezug auf Berichterstattung und Informationsaustausch über Kinder, die Opfer des Menschenhandels wurden, auch unbegleiteter Kinder, im Einklang mit ih- ren jeweiligen innerstaatlichen Rechtsvorschriften, einschließlich jener über den Schutz personen- bezogener Daten, zu verstärken;

11. die Bestellung einer nationalen Kontaktstelle in Erwägung zu ziehen, an die Beamte aus ande- ren Ländern Anfragen betreffend Kinder, die Opfer des Menschenhandels wurden, einschließlich abgängiger Kinder und/oder Kinder, die sie in ihr jeweiliges Herkunftsland zurückzuschicken be- absichtigen, richten können;

12. Bemühungen zur Verhütung des Kinderhandels zu fördern, der Kultur der Straflosigkeit ent- gegenzuwirken und sich mit der Nachfrage, die alle Formen der Ausbeutung begünstigt, zu be- fassen und diese zu verringern;

6.2.3 Schutz und Unterstützung der Opfer

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

24. Wir werden Maßnahmen ergreifen, um (…) der Gewalt gegen Frauen und Kinder (…), der se- xuellen Ausbeutung und jeder Form des Menschenhandels ein Ende zu setzen. Um derartige Ver- brechen zu verhüten, werden wir unter anderem (…) den Opferschutz verbessern.

348 6.2.3 Schutz und Unterstützung der Opfer

Wien 2000 (Beschluss über die Verstärkung der OSZE-Bemühungen im Kampf gegen den Menschenhandel)

Der Ministerrat, (…)

3. ist sich dessen bewusst, dass die Hauptverantwortung für die Bekämpfung des Menschenhan- dels in Form eines ganzheitlichen und koordinierten Lösungsansatzes, der (…) den Opferschutz (…) bei den Teilnehmerstaaten liegt; (…)

9. Sagt zu, notwendige Maßnahmen zu ergreifen, unter anderem durch die Verabschiedung und Durchsetzung von Rechtsvorschriften, um den Menschenhandel unter Strafe zu stellen, (…) Diese Rechtsvorschriften sollten an das Problem des Menschenhandels unter menschenrechtlichen Ge- sichtspunkten herangehen und Bestimmungen für den Schutz der Menschenrechte der Opfer ein- schließen, durch die sichergestellt wird, dass Personen, die Opfer von Menschenhandel wurden, nicht allein wegen dieser Tatsache verfolgt werden;

10. werden in Erwägung ziehen, gesetzliche oder andere geeignete Maßnahmen zu ergreifen, etwa die Einrichtung von Schutzunterkünften, die es den Opfern von Menschenhandel in entsprechenden Fällen ermöglichen, vorübergehend oder auf Dauer in ihren Hoheitsgebieten zu bleiben; geeignete Verfahren für die Repatriierung von Opfern von Menschenhandel unter gebührender Berücksich- tigung ihrer Sicherheit einschließlich der Ausstellung von Dokumenten vorzusehen; und politi- sche Konzepte für die Erbringung wirtschaftlicher und sozialer Leistungen an die Opfer und für deren Rehabilitation und Wiedereingliederung in die Gesellschaft zu entwickeln;

Porto 2002 (Erklärung zum Menschenhandel)

Wir werden danach trachten, den Opfern von Menschenhandel, insbesondere Frauen und Kindern, Beistand und Schutz zu gewähren und zu diesem Zweck gegebenenfalls wirksame und umfassende nationale Überweisungsmechanismen einzurichten, die dafür sorgen, dass Opfer von Menschen- handel nicht allein deshalb, weil sie Opfer von Menschenhandel waren, strafrechtlich verfolgt werden. Die Würde und die Menschenrechte der Opfer müssen zu jeder Zeit gewahrt werden (…)

Wir sind uns der Tatsache bewusst, dass eine intensivere Zusammenarbeit zwischen den zustän- digen Akteuren in den Herkunfts-, Transit- und Zielländern für die Rückkehrprogramme für die Opfer von Menschenhandel ausschlaggebend ist undderen Wiedereingliederung erleichtert. Des- halb ermutigen wir alle Opferhilfsorganisationen einschließlich der NGOs, ihre Zusammenar- beit auszubauen.

Wir werden überlegen, gesetzliche oder andere Maßnahmen zu treffen, die es Opfern von Men- schenhandel in geeigneten Fällen und unter Berücksichtigung humanitärer oder privater Umstände erlauben, vorübergehend oder auf Dauer in unserem Hoheitsgebiet zu bleiben.

Maastricht 2003 (Anhang zum Beschluss Nr. 2/03 über die Bekämpfung des Menschenhandels; Aktionsplan der OSZE zur Bekämpfung des Menschenhandels)

V. Schutz und Hilfe 6 (…)

1. Datensammlung und Forschung

349 6.2.3 Schutz und Unterstützung der Opfer

1.1 Sammlung von Daten durch den Austausch und die Analyse bewährter Praktiken und sons- tiger Informationen über den wirksamen Schutz und die Hilfe für die vom Menschenhandel Be- troffenen in den OSZE-Teilnehmerstaaten.

2. Gesetzgeberische Maßnahmen 2.1 Prüfung der Notwendigkeit, Gesetze zu erlassen, die die Rechtsgrundlage für die Hilfe und den Schutz für die vom Menschenhandel Betroffenen schaffen, insbesondere während der Ermittlun- gen im Rahmen des Untersuchungsverfahrens und im Gerichtsverfahren. 2.2 Beitritt zum oder Ratifikation und vollständige Umsetzung des Protokolls der Vereinten Na- tionen zur Verhütung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinderhandels, in Ergänzung des Übereinkommens der Vereinten Nationen über die grenzüberschreitende organisierte Kriminalität.

3. Nationale Leitsysteme für die Betreuung der vom Menschenhandel Betroffene.* 3.1 Schaffung Nationaler Leitsysteme als Rahmen für die Zusammenarbeit, in dem die Teilneh- merstaaten ihren Verpflichtungen zum Schutz und zur Förderung der Menschenrechte der vom Menschenhandel Betroffenen in Koordination und strategischer Partnerschaft mit der Zivilgesell- schaft und anderen in diesem Bereich tätigen Akteuren nachkommen. 3.2 Bereitstellung von Beratung zur Erleichterung der korrekten Feststellung der Identität und des richtigen Umgangs mit den Betroffenen auf eine Art und Weise, die die Einstellung und Würde der betreffenden Personen achtet. 3.3 Gemeinsame Bemühungen der Strafverfolgungsstellen einschließlich eigens eingerichteter Dienststellen für Menschenhandel und der örtlichen Polizei, der Migrations- und Grenzschutz- beamten, sozialer und medizinischer Einrichtungen sowie von NROs und anderen Institutionen der Zivilgesellschaft als den wichtigsten in die Arbeit der Nationalen Leitsysteme einzubinden- den Akteuren. 3.4 Einrichtung geeigneter Mechanismen zur Abstimmung der Hilfe für die Betroffenen auf die Bemühungen der Untersuchungs- und Strafverfolgungsstellen. 3.5 Besondere Betonung der Notwendigkeit einer verstärkten Zusammenarbeit zwischen der Poli- zei und NROs bei der Identitätsfeststellung, der Information und dem Schutz der vom Menschen- handel Betroffenen. 3.6 Verknüpfung der Tätigkeit der Nationalen Leitsysteme mit der Arbeit ministe-rienübergreifen- der Gremien, nationaler Koordinatoren, NROs und anderer einschlägiger nationaler Institutionen zu einem sektorenübergreifenden und multidisziplinären Team, das in der Lage ist, Konzepte ge- gen den Menschenhandel auszuarbeiten und deren Umsetzung zu überwachen.

4. Geschützte Unterkünfte 4.1 Einrichtung von durch staatliche Stellen, NROs oder andere zivilgesellschaftliche Institutio- nen geführten geschützten Unterkünften, die den Bedürfnissen der vom Menschenhandel Betrof- fenen entgegenkommen; diese geschützten Unterkünfte sollen Sicherheit, Zugang zu unabhängiger Beratung in einer für die Betroffenen verständlichen Sprache, direkte medizinische Hilfeleistung und die Möglichkeit einer Überlegungsfrist nach der traumatischen Erfahrung bieten. Die ge- schützten Unterkünfte können in bereits bestehenden Einrichtungen wie etwa Krisenzentren für Frauen untergebracht werden.

* Das Handbook on Guidelines and Principles to Design and Implement National Referral Mechanisms des BDIMR kann als nützlicher Ratgeber und Informationsquelle bezüglich der Rolle Nationaler Leitsysteme für die Ertei- lung von Hilfe und Schutz für die vom Menschenhandel Betroffenen dienen).

350 6.2.3 Schutz und Unterstützung der Opfer

4.2 Ermöglichung des Zugangs zu geschützten Unterkünften für alle vom Menschenhandel Be- troffenen unabhängig davon, ob sie bereit sind, bei den Ermittlungen mit den Behörden zusam- menzuarbeiten. 4.3 Besondere Aufmerksamkeit ist darauf zu richten, dass die Sicherheit des Personals in diesen geschützten Unterkünften, die Geheimhaltung der erhaltenen Informationen und der Schutz und die Privatsphäre der Betroffenen gewährleistet sind. 4.4 Die Nutzung von geschützten Unterkünften zur Bereitstellung von solchen Ausbildungsmög- lichkeiten für die Betroffenen, die ihnen eine spätere Wiedereingliederung, Beschäftigung und Unabhängigkeit sowie eine Verbesserung ihrer Wettbewerbsfähigkeit nach der traumatischen Er- fahrung erleichtern.

5. Aushändigung von Dokumenten 5.1 Gewährleistung der Aushändigung von Dokumenten, falls erforderlich, als erster Schritt zur Klärung der Identität und der Rechtsstellung der Betroffenen in den Zielländern, durch die sich weitere Möglichkeiten für Hilfe in geeigneten Fällen ergeben, wie etwa die vorzugsweise freiwil- lige Rückführung, die Ausstellung einer befristeten oder unbefristeten Aufenthaltsgenehmigung bzw. die Legalisierung eines Arbeitsverhältnisses. 5.2 Verstärkung der Zusammenarbeit zwischen den Strafvollzugsstellen in den Herkunfts-, Tran- sit- und Zielländern und den zuständigen Beamten aller Institutionen, die an der Wiederherstel- lung der Rechte der Betroffenen beteiligt sind, einschließlich des Personals von Botschaften und Konsulaten der Teilnehmerstaaten, um die rasche Überprüfung der Personendaten und die Ver- meidung einer ungebührlichen oder unangemessenen Verzögerung zu erleichtern. 5.3 Unterrichtung der vom Menschenhandel Betroffenen, deren Identität festgestellt wurde, über ihr Recht auf Zugang zu diplomatischen und konsularischen Vertretern des Landes, dessen Staats- angehörigkeit sie besitzen.

6. Leistung sozialen Beistands 6.1 Entwicklung von Programmen für soziale Unterstützung und Integration einschließlich Rechts- beratung in einer für die Betroffenen verständlichen Sprache, medizinische und psychologische Hilfe und Zugang zum Gesundheitswesen, die entweder in den geschützten Unterkünften oder in anderen einschlägigen Institutionen zur Verfügung gestellt werden. 6.2 Prüfung rechtlicher Maßnahmen – sofern dies nicht innerstaatlichen Rechtsvorschriften zu- widerläuft -, damit eingezogene Vermögenswerte als Zuschuss zur staatlichen Finanzierung von Programmen für die Bedürfnisse der vom Menschenhandel Betroffenen und zur Entschädigung der Betroffenen je nach Schwere des an ihnen verübten Verbrechens verwendet werden können.

7. Rückführung, Rehabilitation und Wiedereingliederung 7.1 Hilfe für die vom Menschenhandel Betroffenen bei der – vorzugsweise – freiwilligen Rückfüh- rung in ihr Herkunftsland, unter gebührender Berücksichtigung der Sicherheit ihrer Person und ihrer Familie und ohne ungebührliche oder unangemessene Verzögerung. 7.2 Gewährleistung eines ordnungsgemäßen Verfahrens in allen Rückkehr- und Rückführungs- angelegenheiten unter Beachtung humanitärer Gesichtspunkte und eines einfühlsamen Vorgehen. 7.3 Erwägung, zur Rehabilitation und Wiedereingliederung der Betroffenen in die Gesellschaft durch die Gewährung sozialer und wirtschaftlicher Leistungen beizutragen. 6 7.4 Verstärkte Sensibilisierung der Medien für die Notwendigkeit des Schutzes der Privatsphäre, indem sie auf die öffentliche Preisgabe der Identität der vom Menschenhandel Betroffenen oder

351 6.2.3 Schutz und Unterstützung der Opfer

die Veröffentlichung vertraulicher Informationen verzichten, durch die die Sicherheit der Betrof- fenen oder der Gang der Justiz im Strafprozess gefährdet wird.

8. Gewährung einer Überlegungsfrist und befristeter oder unbefristeter Aufenthaltsbewilligungen 8.1 Erwägung der Einführung einer Überlegungsfrist, um den Betroffenen aus-reichend Zeit für die Entscheidung zu geben, ob sie als Zeugen aussagen wollen oder nicht. 8.2 Erwägung von Fall zu Fall, gegebenenfalls befristete oder unbefristete Aufenthaltsbewilligun- gen auszustellen, wobei Faktoren wie die potenzielle Gefährdung der Sicherheit der Betroffenen zu berücksichtigen sind. 8.3 Gegebenenfalls Erwägung, den Betroffenen Arbeitsbewilligungen für die Dauer ihres Aufent- halts im Aufnahmeland zu erteilen.

9. Gewährleistung des Rechts, einen Asylantrag zu stellen 9.1 Gewährleistung, dass Gesetze, Politiken, Programme und Interventionen nicht das Recht aller einschließlich der vom Menschenhandel Betroffenen einschränken, Asyl vor Verfolgung im Ein- klang mit dem internationalen Flüchtlingsrecht, insbesondere durch die wirksame Anwendung des Prinzips des non-refoulement, zu beantragen und zu erhalten.

10. Schutz von Kindern 10.1 Gewährleistung, dass die besonderen Bedürfnisse von Kindern und das Kindeswohl bei der Entscheidung über die angemessene Unterkunft, Bildung und Betreuung vollständig berücksich- tigt werden. In geeigneten Fällen, wenn die Sicherheit des Kindes nicht direkt bedroht ist, Ermög- lichung des Zugangs der Kinder zum staatlichen Bildungswesen. 10.2 Entscheidung über die Rückführung eines Kindes, das Opfer des Menschenhandels wurde, erst nach Berücksichtigung aller Umstände des konkreten Falles und falls es im Herkunftsland eine Familie oder Sondereinrichtung gibt, um die Sicherheit, den Schutz, die Rehabilitation und die Wiedereingliederung des Kindes zu gewährleisten. 10.3 Berücksichtigung der in den Richtlinien des Hohen Flüchtlingskommissars der Vereinten Nationen für den Schutz unbegleiteter Minderjähriger angeführten Bestimmungen bei der Aus- arbeitung von Politiken für diese Risikogruppe und insbesondere für jene, die keine Identitäts- ausweise besitzen. 10.4 Anwendung bilateraler bzw. regionaler Vereinbarungen über die Grundprinzipien der gu- ten Aufnahme unbegleiteter Kinder, um die auf den Schutz der Kinder ausgerichteten Bemühun- gen zu vereinen. 10.5 Ratifikation oder Beitritt zum Fakultativprotokoll zum Übereinkommen über die Rechte des Kindes betreffend den Verkauf von Kindern, die Kinderprostitution und die Kinderpornografie und dessen vollständige Umsetzung.

352 6.2.3 Schutz und Unterstützung der Opfer

Sofia 2004 (Beschluss Nr. 13/04 über Die besondere Schutz- und Hilfsbedürftigkeit von Kindern als Opfer von Menschenhandel)

Der Ministerrat, (…)

1. Beschließt, die Bemühungen der OSZE um Verhütung des Kinderhandels, um Schutz und Hilfe für Kinder, die Opfer von Menschenhandel wurden (…)

Der Ministerrat, (…)

4. fordert die Teilnehmerstaaten eindringlich auf, gegebenenfalls in Zusammenarbeit mit interna- tionalen Organisationen und NROs danach zu trachten, das Risiko heimgekehrter Opfer, neuerlich Opfer von Menschenhandel zu werden, zu verringern, indem sie sich insbesondere mit Faktoren auseinandersetzen, die Menschen zu leichten Opfern von Menschenhandel machen, darunter Ar- mut, Diskriminierung, der fehlende Zugang zu Bildung und wirtschaftlichen Chancen, sexueller Missbrauch und häusliche Gewalt, und indem sie Risikoabschätzungen vornehmen, um zu gewähr- leisten, dass die Rückkehr der Opfer unter gebührender Bedachtnahme auf ihre Sicherheit erfolgt;

5. unterstreicht die Wichtigkeit, Opfern von Menschenhandel einen wirksamen Zugang zur Justiz zu bieten, auch in den Bereichen der Beratung und Information über ihre gesetzlichen Rechte in 6 einer ihnen verständlichen Sprache, und ihnen die Möglichkeit zu geben, für erlittenen Schaden entschädigt zu werden, und ruft die Teilnehmerstaaten auf, ihren Verpflichtungen aus den einschlä- gigen Bestimmungen des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende

353 6.2.3 Schutz und Unterstützung der Opfer

organisierte Kriminalität (Übereinkommen von Palermo) und von dessen Protokoll zur Verhü- tung, Bekämpfung und Bestrafung des Menschenhandels, insbesondere des Frauen- und Kinder- handels, nachzukommen; (…)

Madrid 2007 (Beschluss Nr. 8/07 über die Bekämpfung des Menschenhandels für die Zwecke der Ausbeutung von Arbeitskräften)

Der Ministerrat, (…)

ruft die Teilnehmerstaaten dazu auf:

1. zu gewährleisten, dass die Opfer von Menschenhandel für die Zwecke der Ausbeutung von Ar- beitskräften Zugang zur Justiz haben;

2. Im Einklang mit dem innerstaatlichen Recht und internationalen Verpflichtungen Opfern von Menschenhandel eine Überlegungsfrist einzuräumen und befristete oder unbefristete Aufenthalts- genehmigungen zu gewähren, die Erteilung von Arbeitsbewilligungen an die Opfer für die Dauer ihres Aufenthalts zu ermöglichen und das Wissen um diese Möglichkeiten zu fördern;

3. Arbeitskräften Hilfe geleistet wird und dass sie insbesondere Zugang zu geschützten Unterkünf- ten, medizinischer Versorgung, Rechtsberatung und sozialen Diensten haben, unter Berücksichti- gung der Empfehlungen in Teil V des OSZE-Aktionsplans zur Bekämpfung des Menschenhandels und seines Zusatzes „Berücksichtigung der besonderen Schutz- und Hilfsbedürftigkeit der Opfer von Kinderhandel“, und das Wissen über die Verfügbarkeit solcher Dienste zu fördern;

7. die Ausarbeitung oder Verschärfung gesetzlicher Bestimmungen in Erwägung zu ziehen, die Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften die Möglich- keit bieten, Schadenersatz zu erhalten, gegebenenfalls auch durch Auszahlung der ihnen vorent- haltenen Löhne;

354 6.2.3 Schutz und Unterstützung der Opfer

9. zu gewährleisten, dass zivilgesellschaftliche Organisationen, die Opfern von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften rechtmäßig Hilfe leisten, für diese Hilfeleis- tung nicht strafrechtlich belangt werden;

10. im Einklang mit den Grundprinzipien ihrer Rechtsordnung gegebenenfalls die Möglichkeit vorzusehen, Opfer für ihre Beteiligung an gesetzwidrigen Aktivitäten nicht zu bestrafen, sofern sie zu diesen Handlungen gezwungen wurden; (…)

21. die Zusammenarbeit auf internationaler Ebene zu verstärken, indem sie Informationen über die Bekämpfung von Menschenhandel für die Zwecke der Ausbeutung von Arbeitskräften weiter- geben und über bewährte Praktiken informieren und indem sie Mittel und Wege zur Verstärkung (…) des Opferschutzes und der Wiedereingliederungshilfe im Falle einer Rückführung prüfen; (…)

Helsinki 2008 (Beschluss Nr. 5/08 über die Verstärkte Reaktion der Strafgerichtsbarkeit auf den Menschhandel durch ein umfassendes Konzept)

Der Ministerrat, (…)

Unter erneuter Bekundung seiner Besorgnis darüber, dass trotz fortwährend auf internationaler, regionaler und nationaler Ebene getroffener Maßnahmen nach wie vor nur eine begrenzte Zahl von Opfern des Menschenhandels identifiziert und unterstützt wird (…) (…)

In Bekräftigung unserer Unterstützung für Bemühungen der Teilnehmerstaaten, in Zusammen- arbeit mit internationalen und regionalen Organisationen, Nichtregierungsorganisationen und anderen maßgeblichen Stellen ein umfassendes, koordiniertes und ganzheitliches Konzept zur Be- kämpfung des Menschenhandels in Erwägung zu ziehen, wozu unter anderem auch Maßnahmen zur Verhütung des Menschenhandels, zum Schutz und zur Unterstützung der Opfer unter unein- geschränkter Achtung ihrer Menschenrechte (…) (…)

5. ruft die Teilnehmerstaaten auf, dafür Sorge zu tragen, dass eine Person – wenn die Behörden berechtigten Grund zur Annahme haben, dass sie ein Opfer von Menschenhandel ist – nicht vor

355 6.2.3 Schutz und Unterstützung der Opfer

dem ordnungsgemäßen Abschluss des Identifizierungsverfahrens abgeschoben wird und dass diese Person entsprechende Unterstützung erhält, unter anderem auch – wenn dies im innerstaatlichen Recht vorgesehen ist – in Form einer angemessenen Erholungs- und Bedenkzeit, in der keine Ab- schiebung erfolgen darf;

6. legt den Teilnehmerstaaten nahe, dafür Sorge zu tragen, dass Opfer von Menschenhandel ohne ungebührliche Verzögerung Zugang zu einer sicheren Unterbringung, psychologischer und medi- zinischer Behandlung und Beratung über die ihnen zustehenden Rechte und zur Verfügung ste- henden Dienste erhalten;

10. Legt den Teilnehmerstaaten nahe, nach Maßgabe ihrer jeweiligen Gesetze Maßnahmen zu treffen, damit Opfer von Menschenhandel die Möglichkeit haben, eine faire und angemessene Entschädigung für das ihnen zugefügte Leid zu erhalten und im Zuge strafrechtlicher bzw. zivil- rechtlicher Verfahren gegebenenfalls Schadenersatz geltend zu machen;

Vilnius 2011 (Ministererklärung über die Bekämpfung jeder Form von Menschenhandel) (…)

10. Wir sind uns der Notwendigkeit bewusst, durch entsprechende Maßnahmen sicherzustellen, dass Opfer von Menschenhandel, die als solche erkannt werden sofern sie zu diesen gezwungen wurden. Wir fordern die Teilnehmerstaaten eindringlich auf, umfassende und zielführende Maß- nahmen zur Unterstützung der Opfer von Menschenhandel zu ergreifen.

12. Wir anerkennen die wichtige Rolle zivilgesellschaftlicher Organisationen für die Unterstüt- zung und Stärkung des Selbstbewusstseins der Opfer von Menschenhandel.

13. Wir stellen fest, dass die Systeme zum Schutz der Kinder verstärkt werden müssen, um eine wirksame Prävention, Identifizierung und Reaktion auf Kinderhandel in allen seinen Formen zu ermöglichen und den Opfern von Kinderhandel oder durch Kinderhandel gefährdeten Kindern unter Beachtung des Kindeswohls Unterstützung und Hilfe angedeihen zu lassen, etwa auch durch

356 6.2.3 Schutz und Unterstützung der Opfer

entsprechende Leistungen und Maßnahmen für ihr körperliches und seelisches Wohl sowie für ihre Erziehung, Rehabilitation und Wiedereingliederung (…)

Basel 2014 (Beschluss Nr. 7/14 über Verhütung und Bekämpfung von Gewalt gegen Frauen) (…)

5. legt den Teilnehmerstaaten nahe:

Programme und Aktivitäten zur Stärkung und Unterstützung weiblicher Gewaltopfer zu fördern.

6. beauftragt die OSZE-Durchführungsorgane:

den Teilnehmerstaaten auf deren Ersuchen Hilfestellung beim Ausbau ihrer Kapazitäten für den Schutz der Opfer jeder Form von Gewalt gegen Frauen zu leisten,

den Austausch schutzrelevanter Informationen, Erfahrungen und bewährter Praktiken zwischen den Teilnehmerstaaten zu erleichtern;

Teilnehmerstaaten, die darum ersuchen, technische Hilfe bei der Organisation von Unterstüt- zungsdiensten wie Telefon-Hotlines, Krisenzentren usw. zu leisten,

Wien 2017 (Beschluss Nr. 6/17 über Verstärkung der Bemühungen zur Verhütung des Menschenhandels) (…)

bekräftigend, dass das Wohl des Kindes ein Gesichtspunkt ist, der bei Beschlüssen betreffend Men- schenhandel oder sexueller Ausbeutung ausgesetzte Kinder vorrangig zu berücksichtigen ist, und

357 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

in Bekräftigung der Tatsache, dass es wichtig ist, die besondere Schutz- und Hilfsbedürftigkeit von Kindern zu beachten und dem Kind Gelegenheit zu geben, gehört zu werden, (…)

2. Ermutigt die Teilnehmerstaaten dazu, sich einen opferorientierten und traumasensiblen Ansatz zu eigen zu machen, der die jeweiligen geschlechtsspezifischen Anliegen von Mädchen und Jungen im Sinne des Kindeswohls berücksichtigt und die Menschenrechte und Grundfreiheiten von Kin- dern, die Menschenhandel oder sexueller Ausbeutung ausgesetzt wurden, uneingeschränkt achtet; (…)

6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Siehe auch: II. 6.2: Prävention von Menschenhandel II. 6.4: Prävention des Terrorismus

Paris 1990 (Ein neues Zeitalter der Demokratie, des Friedens und der Einheit)

(…) werden wir einander gegenseitig im Kampf gegen den illegalen Drogenhandel unterstützen.

Helsinki 1992 (Gipfelerklärung)

27. Illegaler Drogenhandel stellt eine Gefahr für die Stabilität unserer Gesellschaften und demo- kratischen Institutionen dar. Wir werden uns gemeinsam dafür einsetzen, alle Formen der bilate- ralen und multilateralen Zusammenarbeit bei der Bekämpfung des illegalen Drogenhandels und anderer Formen des organisierten internationalen Verbrechens zu stärken.

Bukarest 2001 (Erklärung des Ministerrats)

4. (…) Organisierte Kriminalität, unerlaubter Drogen- und Waffenhandel und Menschenhandel beeinträchtigen die Sicherheit, die Wirtschaft und das Gesellschaftsgefüge aller Teilnehmerstaa- ten. Der Ministerrat unterstützt verstärkte Bemühungen und vermehrte internationale Zusam- menarbeit im Kampf gegen diese Bedrohungen und fordert die Teilnehmerstaaten nachdrücklich

358 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

auf, dem Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und dessen Protokollen beizutreten, sofern sie dies noch nicht getan haben.

Porto 2002 (Erklärung zum Menschenhandel)

Wir rufen die Teilnehmerstaaten auf, die internationale Zusammenarbeit zur Bekämpfung des organisierten Verbrechens, einschließlich Straftaten wie illegaler Drogen- und Waffenhandel und Schmuggel von Migranten, zu verstärken. In diese Zusammenarbeit sollten für die Zwecke der strafrechtlichen Ermittlung und Verfolgung der für Menschenhandel Verantwortlichen (…) inter- nationale Strafverfolgungsbehörden wie Europol und Interpol sowie die Südosteuropäische Ko- operationsinitiative (SECI) eingebunden werden.

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

31. Die OSZE wird verstärkt gegen die organisierte Kriminalität vorgehen. Regelmäßige Treffen von Polizeiexperten aus OSZE-Teilnehmerstaaten und Vertretern anderer einschlägiger interna- tionaler Fachorganisationen und regionaler Organisationen würden dazu einen wichtigen Beitrag leisten (…) Das SALW-Dokument der OSZE ist und bleibt ein wichtiges Instrument zur Bekämp- fung des illegalen Handels mit SALW und ihrer Verbreitung in allen Aspekten. Seine Umsetzung soll vorangetrieben werden. Die OSZE wird sich im Verein mit dem UNODC weiterhin mit der Frage des illegalen Suchtstoffverkehrs auseinander setzen. In Bezug auf diese Frage muss ein wirk- samer und umfassender internationaler Ansatz gefunden werden.

32. Die Gruppe Strategische Polizeiangelegenheiten wurde eingerichtet, um die Teilnehmerstaaten besser in die Lage zu versetzen, auf Bedrohungen durch kriminelle Aktivitäten einzugehen, und sie bei der Befolgung rechtsstaatlicher Grundsätze zu unterstützen. Wesentliche Bestandteile der Polizeiarbeit, unter anderem die Achtung der Menschenrechte und Grundfreiheiten, sollen da- durch stärker verankert werden. Die OSZE wird auf Ersuchen von Teilnehmerstaaten Behörden, auch jene auf lokaler Ebene, bei der Bekämpfung der Kriminalität und krimineller Netzwerke ver- stärkt unterstützen und Kernkompetenzen der polizeilichen Tätigkeit wie Schulungsmaßnahmen und Kapazitätenaufbau definieren und entwickeln.

33. Die OSZE wird sich intensiver mit der Frage des Schlepperunwesens und der illegalen Migra- tion auseinander setzen.

34. Um Korruption in all ihren Formen zu verhindern und zu bekämpfen, ist ein umfassender und mehrdimensionaler Ansatz erforderlich. Die OSZE wird in enger Zusammenarbeit mit dem UNODC und anderen einschlägigen internationalen Organisationen und Finanzinstitutionen zur Verringerung der Korruption in der gesamten OSZE-Region beitragen.

35. Bedrohungen Terrorismus und organisierte Kriminalität sind oft miteinander verflochten, wes- halb weiter nach Synergieeffekten bei ihrer Bekämpfung gesucht wird. die Bewegung von Personen, Ressourcen und Waffen über Grenzen hinweg und Schmuggel zum Zweck der Finanzierung und logistischen Unterstützung spielen in den terroristischen Aktivitäten eine immer größere Rolle. Die OSZE ist entschlossen, diese Probleme anzugehen und ihre Fähigkeiten zur Förderung offe- ner und sicherer Grenzen unter anderem durch Aus¬arbeitung eines OSZE-Konzepts für Grenz- 6 sicherung und Grenzschutz zu stärken, um den Aufbau von Kapazitäten und eine für alle Seiten vorteilhafte Zusammenarbeit zwischen den Staaten zu ermöglichen.

359 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

2. Die OSZE-Teilnehmerstaaten bekräftigen die von ihnen auf allen Ebenen eingegangenen Ver- pflichtungen in grenzbezogenen Fragen: (…)

2.2 Auf OSZE-Ebene: Die Teilnehmerstaaten bekräftigen die in der Schlussakte von Helsinki nie- dergelegten Normen, Prinzipien, Verpflichtungen und Werte, die alle gleichermaßen und ohne Vorbehalt gelten und jeweils unter Berücksichtigung aller anderen auszulegen sind. Sie bekräftigen die Prinzipien und Verpflichtungen aus dem Kopenhagener Dokument 1990, dem Helsinki Doku- ment 1992 und der Europäischen Sicherheitscharta 1999. Sie verweisen auf die Aktionspläne, Be- schlüsse und sonstigen maßgeblichen vereinbarten OSZE-Dokumente, die grenzbezogene Fragen zum Gegenstand haben. So sind insbesondere die Stärkung der OSZE-Fähigkeiten zur Förderung offener und sicherer Grenzen sowie die Verstärkung der für alle Seiten nutzbringenden Zusam- menarbeit zwischen den Staaten eine Handhabe gegen Bedrohungen durch Terrorismus, organi- sierte Kriminalität, illegale Migration und den illegalen Waffen-, Drogen- und Menschenhandel, wie es in Absatz 35 der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im ein- undzwanzigsten Jahrhundert heißt; (…)

4.3 Verhütung und Unterbindung der grenzüberschreitenden organisierten Kriminalität, der il- legalen Migration, der Korruption sowie des Schmuggels und illegalen Handels mit Waffen, Dro- gen und Menschen;

Laibach 2005 (Beschluss Nr. 3/05 über die Bekämpfung der grenzüberschreitenden organisierten Kriminalität)

Der Ministerrat, (…) • Unter Hervorhebung des Zusammenhangs zwischen grenzüberschreitender organisierter Kri- minalität und anderen Bedrohungen wie illegale Drogen, Terrorismus, illegaler Handel mit Kleinwaffen und leichten Waffen sowie mit sensiblem Material und sensiblen Technologien, Menschenhandel, Schleusung von Migranten, Internetkriminalität, Korruption und illegale Mi- gration im Zusammenhang mit organisierter Kriminalität und Geldwäsche, • Mit der Feststellung, dass das am 15. November 2000 in New York von der Generalversamm- lung der Vereinten Nationen verabschiedete Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und die dazugehörigen Protokolle einen wich- tiger Schritt vorwärts in der internationalen Zusammenarbeit gegen die grenzüberschreitende organisierte Kriminalität darstellen und die Möglichkeit zu einer weltweiten Reaktion geben, • in Anerkennung der kontinuierlichen Arbeit der OSZE in den mit der Bekämpfung der organi- sierten Kriminalität zusammenhängenden Bereichen,

360 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

• in der Überzeugung, dass sich das umfassende Sicherheitskonzept der OSZE gut dafür eignet, alle Teilnehmerstaaten besser für den Umgang mit der Bedrohung durch die organisierte Krimi- nalität zu rüsten, und dass die OSZE einen passenden Rahmen zur Unterstützung des Kampfes gegen die organisierte Kriminalität bieten kann, sowie in Anerkennung der wichtigen Arbeit, die die einschlägigen internationalen Organisationen und Institutionen, insbesondere das Büro der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) leisten, • fordert die Teilnehmerstaaten eindringlich auf, die Zusammenarbeit untereinander und mit dem UNODC, dem Europarat und anderen einschlägigen internationalen Organisationen zu verstärken; • lädt die OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, ein, den Beitritt zu dem am 15. November 2000 in New York von der Generalversammlung der Vereinten Nationen verab- schiedeten Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität und den dazugehörigen Protokollen zu erwägen und in der Folge ihren Verpflich- tungen aus diesen Instrumenten uneingeschränkt nachzukommen; • beauftragt den Generalsekretär, den Teilnehmerstaaten auf Ersuchen Unterstützung durch die Mobilisierung technischer Hilfe einschließlich des notwendigen Fachwissens und der notwen- digen Ressourcen von einschlägigen internationalen Organisationen, die für die Umsetzung des Übereinkommens der Vereinten Nationen gegen die grenzüberschreitende organisierte Krimi- nalität und der dazugehörigen Protokolle zuständig sind, zuteil werden zu lassen, in Unterstüt- zung der Konferenz der Vertragsstaaten und des UNODC und in enger Abstimmung mit diesen; • erinnert daran, dass die Verhütung und Bekämpfung der organisierten Kriminalität ein ein- heitliches Vorgehen der Teilnehmerstaaten bei der Förderung der Umsetzung ihrer eigenen einschlägigen innerstaatlichen Gesetze und Programme, insbesondere auf dem Gebiet der Straf- rechtspflege, im Einklang mit der Rechtsstaatlichkeit und den Verpflichtungen der OSZE-Teil- nehmerstaaten, erfordert; • Beauftragt den Ständigen Rat, die Zusammenarbeit zwischen den Teilnehmerstaaten voranzu- treiben und sich mit Unterstützung durch den Generalsekretär und die zuständigen OSZE-In- stitutionen mit der Entwicklung möglicher Hilfsmaßnahmen und -formen zu befassen, die für Teilnehmerstaaten auf Ersuchen abrufbar sein könnten, um die Funktionsweise ihrer Strafge- richtsbarkeit, unter anderem Gesetzgebung, Rechtsdurchsetzung, Strafverfolgung, Justizver- waltung, Zusammenarbeit der Justizbehörden einschließlich Auslieferung, sowie Strafvollzug, in Abstimmung mit UNODC, dem Europarat und anderen einschlägigen internationalen Or- ganisationen zu verbessern und zu fördern; (…)

Brüssel 2006 (Beschluss Nr. 5/06 über die organisierte Kriminalität)

Der Ministerrat, (…)

besorgt darüber, dass die organisierte Kriminalität mit zunehmender Effizienz unsere globalisierte Wirtschaft und offene Gesellschaft ausbeutet und im gesamten OSZE-Gebiet eine wachsende mehr- dimensionale Herausforderung für alle Teilnehmerstaaten darstellt,

besorgt darüber, dass die organisierte Kriminalität über ein riesiges Vermögen verfügt und un- geheure Macht ausüben kann und damit das Potenzial besitzt, die demokratischen Werte unserer 6 Gesellschaft auszuhöhlen und die Sicherheit der einfachen Bürger direkt und indirekt zu bedrohen,

361 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

ferner besorgt über die Herausforderungen und Bedrohungen, die aus der Verbindung zwischen organisierter Kriminalität, Menschenhandel, illegalem Waffen- und Drogenhandel, Korruption und Terrorismus sowie anderen Formen grenzüberschreitender und inländischer krimineller Ak- tivität resultieren,

überzeugt, dass die Auseinandersetzung mit der organisierten Kriminalität ein zentrales Element unserer Politik bleiben muss, damit für die Sicherheit unserer Bürger sowohl im Inland als auch durch internationale Zusammenarbeit gesorgt wird,

unterstreichend, dass die organisierte Kriminalität am besten durch demokratische Institutionen bekämpft werden kann, die Menschenrechte und Rechtsstaatlichkeit achten und den Bürgern und der Zivilgesellschaft gegenüber rechenschaftspflichtig sind,

nachdrücklich auf die Schlüsselrolle hinweisend, die eine effiziente und effektive Strafrechtspflege für die Wahrung der öffentlichen Sicherheit spielt,

im Bewusstsein der ungebrochenen Gültigkeit der Regeln und Normen der Vereinten Nationen auf dem Gebiet der Verbrechensverhütung und Strafrechtspflege sowie der unterstützenden Rolle des Büros der Vereinten Nationen für Drogen- und Verbrechensbekämpfung (UNODC) im Hinblick auf ihren Einsatz und ihre Anwendung und erfreut über die verstärkte Zusammenarbeit zwischen dem OSZE-Sekretariat, UNODC und der Kommission der Vereinten Nationen für Verbrechens- verhütung und Strafrechtspflege,

in Anerkennung der Aktivitäten anderer Organe der Vereinten Nationen und anderer internatio- naler Gremien im Bereich der Rechtsstaatlichkeit,

in Anerkennung der Wichtigkeit der Umsetzung der Verpflichtungen aus dem Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität (Übereinkom- men von Palermo) und gegebenenfalls seinen ergänzenden Protokollen sowie aus dem Überein- kommen der Vereinten Nationen gegen Korruption als ein Mittel, mit dessen Hilfe die organisierte Kriminalität und die Korruption bekämpft und die internationale Zusammenarbeit in Strafsachen gefördert werden kann, (…)

im Bewusstsein der Notwendigkeit, dass die OSZE in Koordination mit den Vereinten Natio- nen und anderen multilateralen Foren die Stärkung der internationalen Zusammenarbeit der

362 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Justizbehörden und die Verbesserung der Strafrechtspflege als Teil ihrer gesamten Sicherheits- agenda zu einem Schwerpunkt macht,

1. fordert die Teilnehmerstaaten nachdrücklich auf, die organisierte Kriminalität weiterhin als eine schwerwiegende Bedrohung zu behandeln und, wo möglich, die Umsetzung ihrer jeweiligen internationalen Verpflichtungen und OSZE-Verpflichtungen in allen Bereichen ihrer Strafrechts- pflege zu verstärken;

2. Empfiehlt, gegebenenfalls die Verabschiedung nationaler Pläne zur Auseinandersetzung mit si- cherheitsbezogenen Fragen in Betracht zu ziehen und einen integrierten Ansatz zu verfolgen, in dem Bewusstsein, dass jedes Element der Strafrechtspflege Auswirkungen auf die anderen Elemente hat;

3. Lädt die Teilnehmerstaaten dazu ein, zu überlegen, selbst eine Evaluierung ihrer eigenen Straf- rechtspflege vorzunehmen, und sich dabei gegebenenfalls der von internationalen Organisationen angebotenen Instrumente wie des UNODC/OSZE- Beurteilungsinstrumentariums zu bedienen und, wenn notwendig, von anderen verfügbaren Instrumenten, einschließlich der vom Europarat (CEPEJ – Europarats-Kommission für die Wirksamkeit der Justiz) und von anderen Organisatio- nen, von der Wissenschaft oder von Anwaltsvereinigungen zur Verfügung gestellten Instrumente, bestmöglichen Gebrauch zu machen;

5. empfiehlt, als Teil der politischen Planung im Bereich der Verhütung und Bekämpfung der or- ganisierten Kriminalität die Datensammlung und -analyse zu verbessern, Risiko- und Gefahren- bewertungen in den einzelnen Ländern zu entwickeln und einzusetzen und den Austausch von Informationen und bewährten Verfahren, soweit dies nicht ohnehin schon geschieht, zu fördern;

6. empfiehlt, die nationalen Bemühungen um internationale Zusammenarbeit, Koordinierung und einen internationalen Informationsaustausch als wichtigen Schritt zur Bekämpfung der grenzüber- schreitenden organisierten Kriminalität zu verstärken;

7. legt den Teilnehmerstaaten nachdrücklich nahe, die internationale Zusammenarbeit der Jus- tizbehörden in Strafsachen zu verstärken, unter anderem durch Erwägung eines Beitritts zum Übereinkommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Krimina- lität (Übereinkommen von Palermo) sowie gegebenenfalls seinen ergänzenden Protokollen und zum Übereinkommen der Vereinten Nationen gegen Korruption sowie durch Umsetzung ihrer Verpflichtungen aus diesen und anderen multilateralen und bilateralen Übereinkünften über Zu- sammenarbeit der Justizbehörden, denen sie als Vertragsstaat angehören, einschließlich der ent- sprechenden Anwendung der maßgeblichen Artikel über gegenseitige Rechtshilfe und Auslieferung;

8. legt den Teilnehmerstaaten nachdrücklich nahe, einen Beitritt zum Übereinkommen über die Überstellung verurteilter Personen (Straßburg, 21. November 1983) und gegebenenfalls zu seinem Zusatzprotokoll von 1997 und den Abschluss bilateraler Abkommen zur Ergänzung dieses Über- einkommens, die die Überstellung verurteilter Personen erleichtern, zu erwägen; 6 9. unterstützt die internationale polizeiliche Zusammenarbeit und nimmt Kenntnis vom Ergeb- nis des Treffens der Polizeichefs der OSZE am 24. November 2006 in Brüssel, einschließlich der

363 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Anregung zu regelmäßigen Treffen, wenn diese Treffen mit anderen Treffen von Polizeichefs ko- ordiniert werden und diese berücksichtigen;

10. empfiehlt, Bemühungen zur Aufnahme des Kontakts zur Öffentlichkeit zu unternehmen, ein- schließlich der Zusammenarbeit zwischen Strafverfolgungsbehörden und zivilgesellschaftlichen Organisationen, damit die Bürger bessere Kenntnis von ihren Bürgerrechten erhalten, größeres Vertrauen in die Strafrechtspflege als Garant für diese Rechte entwickeln und sich nicht scheuen, sich an die zuständigen Behörden zu wenden;

11.(a) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE, sich im Rahmen ihres jeweiligen Mandats in ihren Politiken und Aktivitäten verstärkt der Schlüsselrolle der Strafrechtspflege beim Aufbau von Institutionen und bei der Förderung der Rechtsstaatlich- keit zu widmen und auch enger zusammenzuarbeiten und sich abzusprechen, um der Wechsel- wirkung zwischen den einzelnen Komponenten der Strafrechtspflege besser Rechnung zu tragen; (b) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE, im Rah- men ihres jeweiligen Mandats ihr vorhandenes Wissen und ihre Erfahrung im Bereich der Straf- rechtspflege und der organisierten Kriminalität als Grundlage heranzuziehen und diese zu festigen; (c) beauftragt den Generalsekretär, die internationale Zusammenarbeit der Justizbehörden zwischen den Teilnehmerstaaten in Strafsachen zu unterstützen und zu fördern und dabei auch den Rah- men heranzuziehen, den das Übereinkommen der Vereinten Nationen gegen die grenzüberschrei- tende organisierte Kriminalität bietet, die Konferenz der Vertragsstaaten dieses Übereinkommens zu unterstützen und die Zusammenarbeit mit UNODC unter anderem in Fragen der Bekämpfung der organisierten Kriminalität und des illegalen Drogenhandels fortzusetzen; (d) beauftragt den Generalsekretär und das BDIMR, die Teilnehmerstaaten regelmäßig auf dem Laufenden zu halten und den Teilnehmerstaaten vor der Sommerpause 2007 einen gemeinsamen schriftlichen Bericht über die Umsetzung dieser Aufgaben vorzulegen; (e) beauftragt den Ständigen Rat, diesen Bericht zur Kenntnis zu nehmen und gegebenenfalls eine mögliche Nachbereitung zu erwägen; (f) beauftragt den Generalsekretär und die einschlägigen Durchführungsorgane der OSZE ein- schließlich des BDIMR, sich – gegebenenfalls in Koordination und Kooperation mit anderen in- ternationalen Organisationen und Institutionen – bereit zu erklären, von den Teilnehmerstaaten vorgebrachte Vorschläge für Projekte und Ersuchen um Zusammenarbeit aufzugreifen und die Unterstützung von Ausbildungsprogrammen zu erwägen, all dies im Rahmen ihres jeweiligen Mandats und soweit Beiträge zu diesem Zweck zur Verfügung stehen; (g) unterstreicht die Bedeutung verstärkter Kohärenz und Kontinuität in den Bemühungen aller betroffenen OSZE-Gremien sowie einer verstärkten Zusammenarbeit mit Fachorganisationen; be- auftragt diesbezüglich den Generalsekretär, im Rahmen der verfügbaren Ressourcen und Man- date die Koordinierung dieser Aktivitäten zu verstärken; lädt die Teilnehmerstaaten ein, diesen Aktivitäten Unterstützung zu gewähren.

Astana 2010

9. [] müssen wir in der komplexen und vernetzten Welt von heute in der Auseinandersetzung mit neuen grenzüberschreitenden Bedrohungen wie (…) organisierte Kriminalität, (…) illegaler Han- del mit Kleinwaffen und leichten Waffen, Drogen (…). Diese Bedrohungen können ihren Ursprung innerhalb und außerhalb unserer Region haben.

364 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Kiew 2013(Ministererklärung über die Verstärkung der Bemühungen der OSZE im Umgang mit grenzüberschreitenden Bedrohungen) (…)

(…) in Anerkennung der sich weiterentwickelnden grenzüberschreitenden Bedrohungen in der OSZE-Region und darüber hinaus sowie der Notwendigkeit, ausgehend von einem koordinier- ten dimensionsübergreifenden Ansatz auf internationaler Ebene gemeinsam und wirksam dar- auf zu reagieren, (…),

Würdigen die Aktivitäten der OSZE-Teilnehmerstaaten zur Stärkung der Zusammenarbeit im Umgang mit grenzüberschreitenden Bedrohungen in Bereichen wie zum Beispiel Terrorismusbe- kämpfung, Kampf gegen organisierte Kriminalität, Menschen- und Drogenhandel, polizeibezo- gene Aktivitäten, Grenzsicherung und Grenzmanagement sowie Entwicklung vertrauensbildender Maßnahmen (VBM) (…) die alle zusammen zur Profilierung der OSZE in der Bekämpfung grenz- überschreitender Bedrohungen beigetragen haben; (…)

begrüßen ferner die Bemühungen der OSZE-Teilnehmerstaaten unter der Führung des ukraini- schen Amtierenden Vorsitzes der OSZE und mit Unterstützung der zuständigen OSZE-Durch- führungsorgane bei der Erreichung von Fortschritten in der Umsetzung des OSZE-Konzepts zur Bekämpfung der Bedrohung durch illegale Drogen und die Abzweigung von Drogenausgangs- stoffen, des Strategischen Rahmens der OSZE für Aktivitäten im polizeilichen Bereich, des Kon- solidierten Rahmens der OSZE für die Bekämpfung des Terrorismus und des OSZE-Konzepts für Grenzsicherung und -management;

halten fest, dass die erwähnten Dokumente eine solide Grundlage für die Arbeit der OSZE in der Bekämpfung grenzüberschreitender Bedrohungen bilden, und betonen die Bedeutung ihrer vollen und andauernden Operationalisierung und Integration in die Aktivitäten der OSZE;

Mailand 2018, (Beschluss Nr. 6/18 über Verstärkung der Bemühungen zur Verhütung und Bekämpfung des Kinderhandels, auch des Handels mit unbegleiteten Minderjährigen) (…) 6 in der Erkenntnis, dass ein opferorientierter und traumasensibler Ansatz, der die jeweiligen ge- schlechtsspezifischen Anliegen von Mädchen und Jungen und das Kindeswohl berücksichtigt,

365 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

absolut unerlässlich ist, um Kinder wirksam davor zu schützen, zu Opfern des Menschenhan- dels zu werden,

in der Erkenntnis, dass die Zusammenarbeit zwischen Staaten, Ersthelfern und der Zivilgesell- schaft ebenfalls mithelfen kann, Kinder, einschließlich unbegleiteter Kinder, davor zu schützen, zu Opfern des Menschenhandels zu werden,

daran erinnernd, dass die Teilnehmerstaaten in Ministerratsbeschluss Nr. 7/17 ihre Besorgnis an- gesichts der Gefährdung unbegleiteter Minderjähriger durch den Menschen-handel äußerten und sie ermutigt wurden, das öffentliche Bewusstsein dafür zu schärfen, dass Kinder in Migrations- strömen für jede Form des Kinderhandels besonders gefährdet sind, und die Kapazitäten von Erst- helfern für die Ermittlung von Kindern, die Menschenhandel zum Opfer gefallen sind, zu erhöhen und ihren Zuständigkeitsbereich auszuweiten, und diesen Kindern Schutz sowie entsprechende Unterstützung, wirksame Rechtsbehelfe und andere Dienstleistungen nach anzuwendendem in- nerstaatlichem Recht zukommen zu lassen, (…)

fordert die Teilnehmerstaaten auf:

1. wirksame Maßnahmen zu ergreifen, damit alle Kinder, die Opfer des Menschenhandels wurden, nach dem Grundsatz der Nichtdiskriminierung und entsprechend ihren individuellen Bedürfnis- sen unter Berücksichtigung des Kindeswohls behandelt werden; sie sollen Gelegenheit erhalten, gegebenenfalls gehört zu werden, und ihre Menschenrechte sollen geachtet und geschützt werden;

2. einen opferorientierten und traumasensiblen Ansatz zu verfolgen, der die jeweiligen geschlechts- spezifischen Anliegen von Mädchen und Jungen und das Kindeswohl berücksichtigt und die Menschenrechte und Grundfreiheiten der Kinder, die Opfer des Menschenhandels wurden, un- eingeschränkt achtet;

3. staatliche Dienstleister und Dienststellen, die mit Kindern zu tun haben, je nach Fall entspre- chend anzuleiten und auszubilden, damit sie Opfer des Kinderhandels richtig identifizieren, melden und altersgerecht unterstützen und schützen und dabei auf die jeweiligen geschlechtsspe- zifischen Anliegen von Mädchen und Jungen eingehen können, und das Angebot einer entspre- chenden Ausbildung für Akteure des Privatsektors, die in Kontakt mit Opfern des Kinderhandels kommen, in Erwägung zu ziehen;

4. durch entsprechende Maßnahmen dafür zu sorgen, dass Kindern bei Bedarf vorrangig ein qua- lifizierter und ausgebildeter Vormund oder gleichwertiger Betreuer und/oder Rechtsvertreter zur Seite gestellt wird, um die Interessen der Opfer des Kinderhandels, auch unbegleiteter Kinder, zu wahren, und dass deren Vormund und/oder gesetzlicher Vertreter in die Verfahren betreffend ihre Unterstützung und in die Suche nach dauerhaften und nachhaltigen Lösungen für sie ein- gebunden wird;

5. sich mit der Lage der Opfer des Kinderhandels, auch unbegleiteter Kinder, im Rahmen des Kin- derschutzes zu befassen;

6. Nationale Mechanismen zur Bekämpfung des Menschenhandels, einschließlich Nationaler Ver- weismechanismen, soweit vorhanden, und gegebenenfalls Kinderschutzsysteme zu fördern, die auf die Bedürfnisse und Rechte der Opfer des Kinderhandels eingehen; eine altersgerechte opferorien- tierte und traumasensible Unterstützung vorzusehen; einen multidisziplinären Ansatz zu verfol- gen, der die Menschenrechte achtet und auf die jeweiligen geschlechtsspezifischen Anliegen von

366 6.3 Prävention des illegalen Drogen- und Waffenhandels sowie anderer Formen der internationalen organisierten Kriminalität

Mädchen und Jungen eingeht und gegebenenfalls im Zuge der Soforthilfe und auf der Suche nach dauerhaften und nachhaltigen Lösungen die Beiträge und Empfehlungen von Überlebenden des Menschenhandels berücksichtigt; und für Kinder geeignete Weiterleitungskanäle einzurichten;

7. dafür zu sorgen, dass bei jeder Feststellung der Bedürfnisse eines Opfers des Kinderhandels nach Maßgabe der Möglichkeit seine Interessen und Ansichten sowie sein Bedarf an Betreuung, Schutz und Sicherheit berücksichtigt werden;

8. bei der Identifizierung eines Kindes als Opfer von Menschenhandel oder bei Vorliegen triftiger Gründe, die vermuten lassen, dass ein Kind Opfer von Menschenhandel geworden sein könnte, entsprechende Maßnahmen zu ergreifen, um das Kind zu schützen, vor allem durch die Verhütung von sexuellem und anderem Missbrauch, indem verhindert wird, dass ein Kind erneut zum Opfer wird, in Übereinstimmung mit nationalem Recht Straffreiheit für Opfer für ihre Beteiligung an Straftaten vorzusehen, soweit sie dazu gezwungen wurden, sowie gegebenenfalls durch die Bereit- stellung von geeigneten Rehabilitations-, Wiedereingliederungs- und Repatriierungsprogrammen;

Tirana 2020 (Erklärung zur Stärkung der Zusammenarbeit bei der Bekämpfung grenzüberschreitender organisierter Kriminalität) (…)

3. Wir bekräftigen unsere tiefe Besorgnis über die negativen Auswirkungen der grenzüberschrei- tenden organisierten Kriminalität auf Stabilität und Sicherheit, darunter die Ausbeutung der glo- balisierten Wirtschaft und offenen Gesellschaft, die Aushöhlung der demokratischen Werte und der Regierungsführung und die Bedrohung der Sicherheit unserer Bürger, direkt oder indirekt, sowie der Menschenrechte und Grundfreiheiten.

4. Wir bekräftigen die vorrangige Rolle der Teilnehmerstaaten bei der Bekämpfung der grenzüber- schreitenden organisierten Kriminalität, unterstreichen, dass sie am besten durch die Achtung der Menschenrechte und Grundfreiheiten und die Wahrung der Rechtsstaatlichkeit bekämpft werden kann, und weisen nachdrücklich auf die Schlüsselrolle hin, die eine effektive, vertrauenswürdige, professionelle, unabhängige und rechenschaftspflichtige Strafrechtspflege für die Wahrung der öf- fentlichen Sicherheit spielt.

5. Wir anerkennen die zentrale Rolle der Vereinten Nationen bei der Bekämpfung der grenzüber- schreitenden organisierten Kriminalität sowie die Bedeutung der Arbeit, die von einschlägigen internationalen Organisationen geleistet wird. Wir bekräftigen, dass das umfassende Sicherheits- konzept der OSZE die weltweiten Bemühungen zur Abwehr der komplexen Bedrohung der grenz- überschreitenden organisierten Kriminalität ergänzt.

6. Wir betonen, dass die Bekämpfung der grenzüberschreitenden organisierten Kriminalität und ihrer Ursachen wirksame und demokratische, den Bürgern gegenüber rechenschaftspflichtige Ins- titutionen, eine auf Rechtsstaatlichkeit beruhende Strafrechtspflege sowie eine ganzheitliche, um- fassende und kohärente Herangehensweise erfordert, um Gelegenheiten für organisierte kriminelle Gruppen zu verhindern und zu reduzieren, in unseren Gesellschaften, rechtmäßigen Wirtschafts- systemen und Institutionen zu agieren, deren Strukturen zu unterwandern oder von den Erträgen ihrer Straftaten zu profitieren. 6 7. Wir erinnern an die einschlägigen internationalen Instrumente und Mechanismen, die den Teil- nehmerstaaten zur Verfügung stehen, um Evaluierungen ihrer eigenen Strafrechtspflege vorzu- nehmen und diese, wo nötig, zu verbessern.

367 6.4 Prävention des Terrorismus

8. Wir sind uns der Tatsache bewusst, dass grenzüberschreitende organisierte Kriminalität unter- schiedliche Auswirkungen auf die verschiedenen Gruppen in der Gesellschaft haben kann. Wir ermutigen zur Zusammenarbeit zwischen allen maßgeblichen Akteuren, einschließlich der Zivil- gesellschaft, um beim Aufbau resilienter Gemeinschaften zu helfen und umfassende Antworten auf und vorbeugende Maßnahmen gegen die grenzüberschreitende organisierte Kriminalität zu entwickeln, die die Bedürfnisse, Anliegen und Interessen aller Gruppen in der Gesellschaft be- rücksichtigen, die Opfer von Verbrechen schützen und ihnen Zugang zu geeigneten Rechtsbehel- fen verschaffen und dabei die uneingeschränkte, gleichberechtigte und bedeutsame Teilhabe von Frauen an den Bemühungen zur Bekämpfung der grenzüberschreitenden organisierten Krimi- nalität fördern.

9. Wir unterstreichen, wie wichtig es ist, die nationale und internationale Zusammenarbeit bei der Bekämpfung der grenzüberschreitenden organisierten Kriminalität zu stärken, gegebenenfalls auch im direkten Kontakt und Dialog zwischen den zuständigen Behörden und durch den Austausch von Informationen und vorbildlichen Verfahren sowie durch die Nutzung der von der OSZE, UN- ODC und anderen einschlägigen internationalen Organisationen bereitgestellten Instrumenten.

10. Wir verpflichten uns erneut, die Bekämpfung der grenzüberschreitenden organisierten Kri- minalität weiterhin zu den Prioritäten der OSZE zu zählen und die Umsetzung der entsprechen- den internationalen Verpflichtungen und bestehenden OSZE-Verpflichtungen zu erleichtern. Wir bestätigen den Auftrag an die entsprechenden Durchführungsorgane der OSZE, die Teilnehmer- staaten über die Aktivitäten der OSZE in Verbindung mit der Umsetzung der bestehenden OSZE- Verpflichtungen betreffend den Umgang mit der grenzüberschreitenden organisierten Kriminalität regelmäßig zu unterrichten, und ermutigen zur Fortsetzung der Erörterungen zu diesem Thema unter den Teilnehmerstaaten.

11. Wir laden die OSZE-Kooperationspartner ein, sich dieser Erklärung anzuschließen.

6.4 Prävention des Terrorismus

6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien) (…)

Die Teilnehmerstaaten verurteilen den Terrorismus einschließlich des Terrorismus in internatio- nalen Beziehungen, da er das Leben unschuldiger Menschen bedroht oder vernichtet oder in ande- rer Weise Menschenrechte und Grundfreiheiten gefährdet, und unterstreichen die Notwendigkeit, entschiedene Maßnahmen zu seiner Bekämpfung zu ergreifen.

Sie bringen ihre Entschlossenheit zum Ausdruck, wirksame Maßnahmen zur Verhinderung und Bekämpfung terroristischer Handlungen sowohl auf nationaler Ebene als auch durch internatio- nale Zusammenarbeit, einschließlich geeigneter bilateraler und multilateraler Abkommen, zu er- greifen und folglich die gegenseitige Zusammenarbeit bei der Bekämpfung solcher Handlungen zu erweitern und zu verstärken. Sie kommen überein, dies im Einklang mit der Charta der Vereinten Nationen, der Deklaration der Vereinten Nationen über Grundsätze des Völkerrechts betreffend freundschaftliche Beziehungen und Zusammenarbeit zwischen den Staaten und der Schlußakte von Helsinki zu tun.

368 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

(…)

Die Teilnehmerstaaten bestätigen, daß sie sich der direkten oder indirekten Unterstützung ter- roristischer Tätigkeiten oder subversiver oder anderer Tätigkeiten enthalten werden, die auf den gewaltsamen Umsturz des Regimes eines anderen Teilnehmerstaates gerichtet sind. Dementspre- chend werden sie sich unter anderem der Finanzierung, Ermutigung, Schürung oder Duldung sol- cher Tätigkeiten enthalten.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(8) Die Teilnehmerstaaten verurteilen vorbehaltlos alle Handlungen, Methoden und Praktiken des Terrorismus, wo und von wem auch immer sie ausgeübt werden, als verbrecherische Hand- lungen, darunter auch solche, die die freundschaftlichen Beziehungen zwischen Staaten und deren Sicherheit gefährden, und stimmen darin überein, daß der Terrorismus unter keine Umständen gerechtfertigt werden kann.

(9) Sie bekunden ihre Entschlossenheit, sowohl bilateral als auch in multilateraler Zusammenar- beit, insbesondere im Rahmen internationaler Foren wie der Vereinten Nationen, der Internatio nalen Zivilluftfahrt-Organisation und der Internationalen Seeschiffahrts-Organisation, und in Übereinstimmung mit den einschlägigen Bestimmungen der Schlußakte und des Abschließenden Dokuments von Madrid auf die Ausrottung des Terrorismus hinzuarbeiten.

(10) Überzeugt von der Notwendigkeit, Maßnahmen auf nationaler Ebene mit verstärkter interna- tionaler Zusammenarbeit zu verbinden, bekunden die Teilnehmerstaaten ihre Absicht, (10.1) – eine gegenüber Forderungen von Terroristen unnachgiebige Haltung einzunehmen; (10.2) – die bilaterale und multilaterale Zusammenarbeit zwischen ihnen zur Verhinderung und Bekämpfung des Terrorismus zu verstärken und zu entwickeln sowie die Wirksamkeit der beste- henden Zusammenarbeit auf bilateraler Ebene oder im Rahmen von Staatengruppen zu erhöhen, soweit angemessen auch auf dem Wege des Informationsaustausches; (…) (10.4) – wirksame Maßnahmen zur Verhinderung und Bekämpfung terroristischer Handlungen zu ergreifen, die gegen diplomatische oder konsularische Vertreter gerichtet sind, sowie Maßnah- men gegen terroristische Handlungen, die unter Verletzung der Wiener Übereinkommen über diplomatische und konsularische Beziehungen, insbesondere deren Bestimmungen betreffend di- plomatische und konsularische Privilegien und Immunitäten, erfolgen; (…) (10.6) – den Beitritt zu den einschlägigen internationalen Übereinkommen über die Bekämpfung des Terrorismus zu erwägen, falls dies noch nicht geschehen ist; (10.7) – in den geeigneten internationalen Gremien die Arbeit fortzuführen, um Maßnahmen ge- gen den Terrorismus zu verbessern und auszuweiten und zu gewährleisten, daß die einschlägigen Übereinkommen von möglichst vielen Staaten angenommen und eingehalten werden.

Helsinki 1992 (Gipfelerklärung) 6 26. (…) Wir werden den Informationsaustausch über terroristische Aktivitäten ermutigen. Je nach Bedarf werden wir weitere wirksame Möglichkeiten der Zusammenarbeit anstreben. Auf einzel- staatlicher Ebene werden wir auch die erforderlichen Schritte einleiten, um unsere internationa- len Verpflichtungen in diesem Bereich zu erfüllen.

369 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

6. Die Teilnehmerstaaten werden terroristische Handlungen in keiner Weise unterstützen und ge- eignete Maßnahmen ergreifen, um den Terrorismus in all seinen Formen zu verhindern und zu bekämpfen. Sie werden bei der Bekämpfung der von terroristischen Aktivitäten ausgehenden Be- drohung in vollem Umfang zusammenarbeiten, indem sie internationale Instrumente und von ihnen in dieser Hinsicht (…)

Istanbul 1999 (Europäische Sicherheitscharta: I. Unsere gemeinsamen Herauforderungen)

4. Internationaler Terrorismus, gewalttätiger Extremismus, organisiertes Verbrechen und Drogen- handel stellen in steigendem Maße Sicherheitsrisiken dar. Terrorismus ist, was immer seine Be- weggründe sein mögen, in all seinen Formen und Äußerungen unannehmbar.Die maßlose und destabilisierende Anhäufung und unkontrollierte Verbreitung von Kleinwaffen und leichten Waf- fen stellt eine Bedrohung für den Frieden und die Sicherheit dar. Wir sind entschlossen, unsere Schutzmaßnahmen gegen diese neuen Risiken und Herausforderungen zu verstärken; Grundlage dieses Schutzes sind starke demokratische Institutionen und die Rechtsstaatlichkeit. Wir sind au- ßerdem entschlossen, untereinander aktiver und enger zusammenzuarbeiten, um diesen Heraus- forderungen zu begegnen.

Bukarest 2001 (Erklärung des Ministerrats)

2. Wir verurteilen auf das Entschiedenste alle terroristischen Handlungen. Terrorismus ist durch nichts zu rechtfertigen, gleichgültig, welches seine Motive oder Ursachen sind. Es gibt keine Recht- fertigung dafür, dass unschuldige Menschen zur Zielscheibe von Angriffen werden. Im Kampf ge- gen den Terrorismus gibt es keine Neutralität.

3. (…) Wir betonen erneut, dass der Kampf gegen den Terrorismus kein Krieg gegen Religionen oder Völker ist (…)

Bukarest 2001 (Beschluss Nr. 1 über Bekämpfung des Terrorismus)

Die 55 Teilnehmerstaaten der OSZE vereinen sich im Kampf gegen den Terrorismus, eine Gei- ßel unserer Zeit.

Die OSZE-Teilnehmerstaaten verurteilen auf das Entschiedenste die barbarischen Terroranschläge gegen die Vereinigten Staaten vom 11. September 2001. Sie waren ein Angriff auf die gesamte in- ternationale Gemeinschaft und gegen Menschen jedes Glaubens und jeder Kultur. Diese abscheu- lichen Taten bedrohen ebenso wie alle anderen terroristischen Handlungen in all ihren Formen und Äußerungen, wann, wo und von wem immer sie verübt werden, den Frieden, die Sicherheit und die Stabilität auf internationaler und regionaler Ebene. Es darf keinen sicheren Zufluchtsort für die Täter noch für jene geben, die die Urheber dieser Straftaten finanzieren, beherbergen oder in anderer Weise unterstützen (…)

Die OSZE-Teilnehmerstaaten werden terroristische Bedrohungen nicht hinnehmen sondern mit allen Mitteln nach Maßgabe ihrer völkerrechtlichen Verpflichtungen bekämpfen. Dazu wird es langer, unablässiger Bemühungen bedürfen, doch liegt ihre Stärke in ihrer breiten Koalition, die von Vancouver bis Wladiwostok reicht (…) Sie weisen entschieden die Gleichsetzung von Terro- rismus mit irgendeiner Nation oder Religion zurück (…)

370 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Die OSZE-Teilnehmerstaaten verpflichten sich, die bilaterale und multilaterale Zusammenarbeit innerhalb der OSZE, mit den Vereinten Nationen und anderen internationalen und regionalen Or- ganisationen zu verstärken und auszubauen, um den Terrorismus in all seinen Formen und Äu- ßerungen, wo und von wem immer er verübt wird, zu bekämpfen. Als regionale Abmachung im Sinne von Kapitel VIII der Charta der Vereinten Nationen ist die OSZE entschlossen, zur Erfül- lung der völkerrechtlichen Verpflichtungen beizutragen, wie sie unter anderem in der Resolution 1373 (2001) des Sicherheitsrats der Vereinten Nationen verankert sind, und wird im Einklang mit den Zielen und Grundsätzen der Charta der Vereinten Nationen handeln. Die OSZE-Teilnehmer- staaten verpflichten sich, so rasch wie möglich allen zwölf den Terrorismus betreffenden Überein- kommen und Protokollen der Vereinten Nationen beizutreten. Sie fordern den raschen Abschluss der Verhandlungen über ein Umfassendes Übereinkommen der Vereinten Nationen über den in- ternationalen Terrorismus. (…)

(…) verabschiedet der Ministerrat der OSZE den Bukarester Aktionsplan zur Bekämpfung des Terrorismus, der diesem Beschluss beigefügt ist.

Bukarest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus: Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

I. Ziel des Aktionsplans

1. (…) Die OSZETeilnehmerstaaten werden den politischen Willen, die Ressourcen und die prak- tischen Mittel aufbringen, um ihre Verpflichtungen im Rahmen bestehender Übereinkommen ge- gen den internationalen Terrorismus zu erfüllen (…)

3. Ziel des Aktionsplans ist die Schaffung eines Rahmens für umfassende Maßnahmen der OSZE, die die Teilnehmerstaaten und die Organisation als Ganzes treffen müssen, um den Terrorismus un- ter vollständiger Einhaltung des Völkerrechts, einschließlich der völkerrechtlichen Bestimmungen über die Menschenrechte und anderer einschlägiger völkerrechtlicher Normen, zu bekämpfen. (…)

II. Völkerrechtliche und politische Verpflichtungen

4. (…) Es muss angestrebt und gewährleistet werden, dass die Teilnehmerstaaten so breit und um- fassend wie möglich an bestehenden Instrumenten und Verpflichtungen zur Bekämpfung des Ter- rorismus teilnehmen und diese umsetzen.

5. Die Teilnehmerstaaten: Gehen die Verpflichtung ein, sich zu bemühen, wenn möglich bis 31. Dezember 2002 allen zwölf den Terrorismus betreffenden Übereinkommen und Protokollen der Vereinten Nationen beizutreten, im Bewusstsein der wichtigen Aufgabe, die Parlamentariern im Ratifizierungsverfahren und in anderen Rechtsetzungsverfahren zur Bekämpfung des Terroris- mus zukommen kann. (…) Sie werden sich konstruktiv an den im Rahmen der Vereinten Natio- nen geführten Verhandlungen über ein Umfassendes Übereinkommen gegen den internationalen Terrorismus und ein Internationales Übereinkommen zur Bekämpfung des Nuklearterrorismus beteiligen und deren baldigen und erfolgreichen Abschluss anstreben. (…) 6 7. Die Teilnehmerstaaten: werden prüfen, auf welche Weise sich die OSZE bewährte Praktiken und Erfahrungen anderer maßgeblicher Gruppen, Organisationen, Institutionen und Foren zunutze

371 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

machen kann, etwa bei der Zusammenarbeit im Polizei- und Justizbereich, der Verhütung und Be- kämpfung der Finanzierung des Terrorismus, der Verweigerung anderer Formen der Unterstüt- zung, den Grenzkontrollen einschließlich der Visa- und Dokumentensicherheit und dem Zugang von Strafverfolgungsbehörden zu Informationen.

8. Die Teilnehmerstaaten werden ferner vom Forum für Sicherheitskooperation (FSK) Gebrauch machen, um ihre Bemühungen zur Bekämpfung des Terrorismus durch die vollständige und unver- zügliche Umsetzung aller einschlägigen von der OSZE vereinbarten Maßnahmen zu verstärken. Zu diesem Zweck werden sie die Umsetzung bestehender politisch-militärischer Verpflichtungen und Vereinbarungen, insbesondere des Verhaltenskodex zu politisch-militärischen Aspekten der Sicher- heit und des Dokuments über Kleinwaffen und leichte Waffen (SALW), nachhaltiger betreiben (…)

III. Vorbeugende Massnahmen gegen Terrorismus im OSZE-Gebiet (…)

11. Förderung der Menschenrechte, der Toleranz und der multikulturellen Gesellschaft: Die Teil- nehmerstaaten/der Ständige Rat/das BDIMR/der Hohe Kommissar für nationale Minderheiten (HKNM)/der Beauftragte für Medienfreiheit: werden Toleranz, Koexistenz und harmonische Be- ziehungen zwischen ethnischen, religiösen, sprachlichen und anderen Gruppen sowie die diesbe- zügliche konstruktive Zusammenarbeit zwischen den Teilnehmerstaaten fördern und verstärken. Sie werden in Fällen, in denen diese Gruppen Opfer von Gewalt, Intoleranz, Extremismus und Diskriminierung werden, für Frühwarnung sorgen und in geeigneter Weise reagieren und gleich- zeitig der Rechtsstaatlichkeit, den demokratischen Werten und der persönlichen Freiheit zu mehr Achtung verhelfen. sie werden sich dafür einsetzen, dass Angehörige nationaler Minderheiten das Recht haben, ihre ethnische, kulturelle, sprachliche oder religiöse Identität frei zum Ausdruck zu bringen, zu bewahren und zu entwickeln. (…)

13. Auseinandersetzung mit negativen sozio-ökonomischen Faktoren: Die Teilnehmerstaaten/das Sekretariat: Werden bestrebt sein, ökonomische und ökologische Probleme aufzuzeigen, die die Sicherheit bedrohen, etwa mangelhafte Staatsführung, Korruption, Schattenwirtschaft, hohe Ar- beitslosigkeit, Massenarmut und große Ungleichheiten, demographische Faktoren und Ausbeu- tung natürlicher Ressourcen; (…)

14. Verhütung gewaltsamer Konflikte und Förderung der friedlichen Beilegung von Streitigkei- ten: Die OSZE wird sich unter Nutzung all ihrer Kapazitäten weiterhin und intensiver als bisher mit der Frühwarnung und einer angemessenen Reaktion, der Konfliktverhütung, dem Krisenma- nagement und der Konfliktnachsorge befassen; sie wird ihre Fähigkeit zur Beilegung von Konflik- ten stärken; sie wird sich im Fall ungelöster Konflikte im Wege verstärkter Zusammenarbeit mit den Vereinten Nationen, der Europäischen Union und anderen internationalen Organisationen auch durch Förderung der Rechtsstaatlichkeit und der Verbrechensverhütung in derartigen Kon- fliktzonen verstärkt um dauerhafte Lösungen bemühen; sie wird eine raschere Einsatzfähigkeit in Krisensituationen (REACT) anstreben.

372 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

16. Verschärfung einzelstaatlicher Rechtsvorschriften gegen den Terrorismus: Die Teilnehmer- staaten: Verpflichten sich, alle Verpflichtungen zu erfüllen, die sie im Rahmen einschlägiger, den Terrorismus betreffender Übereinkommen und Protokolle und des Übereinkommens der Ver- einten Nationen gegen die grenzüberschreitende organisierte Kriminalität und seiner Zusatzpro- tokolle eingegangen sind, diesbezüglich Informationen und Methoden auszutauschen und Mittel und Wege zur Zusammenarbeit bei der Durchführung auf bilateralen, OSZE-weiten und subre- gionalen Treffen zu prüfen. (…)

24. Bekämpfung der Finanzierung des Terrorismus: Die Teilnehmerstaaten: Werden im Rahmen des Übereinkommens der Vereinten Nationen zur Bekämpfung der Finanzierung des Terrorismus und der Sicherheitsratsresolution 1373 (2001) Maßnahmen ergreifen, um die Finanzierung des Ter- rorismus zu verhindern und zu bekämpfen, die vorsätzliche Bereitstellung oder Beschaffung von Geldern für terroristische Zwecke unter Strafe stellen und das Vermögen von Terroristen einfrieren, auch eingedenk der Sicherheitsratsresolution 1267 (1999). Sie werden Auskunftsersuchen anderer Teilnehmerstaaten oder einschlägiger internationaler Organisationen nach Maßgabe ihrer inner- staatlichen Rechtsvorschriften und ihrer völkerrechtlichen Verpflichtungen rasch beantworten.

25. Die Teilnehmerstaaten/das Sekretariat: (…) Sie werden prüfen, auf welche Weise die OSZE im Rahmen ihrer Bemühungen um Transparenz und um Bekämpfung der Korruption zu den um- fassenderen internationalen Bemühungen um Bekämpfung des Terrorismus beitragen kann. Sie werden prüfen, ob sie bei der Planung gezielter Schulungsprojekte für Mitarbeiter innerstaatlicher Finanzinstitutionen im Hinblick auf die Terrorismusbekämpfung, unter anderem in Bezug auf die Überwachung von Finanzströmen und die Verhinderung von Geldwäsche, als Katalysator fungie- ren können. Die Teilnehmerstaaten werden sich im Rahmen der Vereinten Nationen konstruktiv an den bevorstehenden Verhandlungen über ein globales Rechtsdokument gegen Korruption be- teiligen und deren raschen und erfolgreichen Abschluss anstreben.

26. Einschränkung der Bewegungsfreiheit von Terroristen: Die Teilnehmerstaaten: Werden die Be- wegungsfreiheit einzelner Terroristen und terroristischer Gruppierungen durch wirksame Grenz- kontrollen und die kontrollierte Ausstellung von Ausweisen und Reisedokumenten sowie durch Maßnahmen zur Gewährleistung der Sicherheit von Ausweisen und Reisedokumenten und

zur Verhinderung ihrer Nachahmung, Fälschung und missbräuchlichen Verwendung einschrän- ken. Sie werden diese Kontrollmaßnahmen unter vollständiger Einhaltung ihrer Verpflichtungen aus dem internationalen Flüchtlingsrecht und den völkerrechtlichen Bestimmungen über die Men- schenrechte anwenden. Sie werden durch die ordnungsgemäße Anwendung der im Abkommen von 1951 über die Rechtsstellung der Flüchtlinge und in dessen Protokoll von 1967 enthaltenen Ausschlussklauseln gewährleisten, dass Personen, die sich an terroristischen Handlungen beteiligt haben, kein Asyl gewährt wird. Sie werden gemäß ihren Verpflichtungen aus dem Völkerrecht und dem innerstaatlichen Recht dafür sorgen, dass Personen, denen terroristische Handlungen zur Last gelegt werden, unverzüglich festgenommen und strafrechtlich verfolgt oder ausgeliefert werden.

IV. Massnahmen im Rahmen der Plattform für kooperative Sicherheit – Zusammenarbeit mit anderen Organisationen (…)

28. Die Teilnehmerstaaten/das Sekretariat: werden die Zusammenarbeit und den Informations- 6 austausch – in formeller wie auch in informeller Form – mit anderen einschlägigen Gruppen, Or- ganisationen und Institutionen stärken, die sich an der Bekämpfung des Terrorismus beteiligen. Sie werden die Zusammenarbeit mit der Europäischen Union bei der Analyse und Frühwarnung

373 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

stärken und in Bezug auf den Stabilitätspakt für Südosteuropa und die Zentraleuropäische Initi- ative in den für die Bekämpfung des Terrorismus relevanten Bereichen verstärkt Synergieeffekte nutzen. Sie werden innerhalb des OSZE-Gebiets den Dialog über Fragen im Zusammenhang mit neuen Bedrohungen und Herausforderungen fördern. Sie werden den Dialog mit Partnern außer- halb des OSZE-Gebiets, etwa den Kooperationspartnern im Mittelmeerraum und den Kooperati- onspartnern in Asien, der Schanghai-Kooperationsorganisation, der Konferenz über Interaktion und vertrauensbildende Maßnahmen in Asien, der Organisation der Islamischen Konferenz, der Arabischen Liga, der Afrikanischen Union und den an das OSZE-Gebiet angrenzenden Staaten, auf die Weitergabe von Informationen über bewährte Praktiken und Erfahrungen bei den Bemühungen um Bekämpfung des Terrorismus im Hinblick auf eine Anwendung im OSZE-Gebiet ausweiten (…)

Bukarest 2001 (Beschluss Nr. 9 über polizeibezogenen Aktivitäten)

Der Ministerrat, (…)

mit der Feststellung, dass eine wirksame Polizeiarbeit für die Wahrung der Rechtsstaatlichkeit und die Verteidigung demokratischer Institutionen wesentlich ist, (…)

3. beschließt, zur Bewältigung neuer Sicherheitsherausforderungen die Zusammenarbeit zwischen den Teilnehmerstaaten unter anderem durch folgende Maßnahmen zu verstärken und zu fördern: • auf Ersuchen von Teilnehmerstaaten und mit ihrer Zustimmung (…) Schaffung und Koordinie- rung von Ausbildungsmöglichkeiten im polizeilichen Bereich durch die OSZE, auch auf subre- gionaler Ebene, im Hinblick auf: • eine Verbesserung der Einsatzfähigkeit und der taktischen Fähigkeiten der Polizei; • eine Stärkung der zentralen Polizeiqualifikationen, einschließlich der Achtung der Menschen- rechte und Grundfreiheiten, und gegebenenfalls den Umgang mit den strafrechtlichen Aspek- ten der illegalen Migration, • eine Verstärkung der bürgernahen Polizeiarbeit, der Kapazitäten zur Bekämpfung des Drogen- handels, der Korruption und des Terrorismus, • auf Ersuchen von Teilnehmerstaaten und mit ihrer Zustimmung: Beratung oder Vermittlung von Beratung durch Experten in Bezug auf die Erfordernisse einer wirksamen Polizeiarbeit (Be- darfsabschätzung) und auf ihre Erfüllung, (…) und • gegebenenfalls Ermutigung zum Informationsaustausch zwischen zwei oder mehreren Teilneh- merstaaten in Bezug auf Erfahrungen und bewährte Polizeimethoden zur Bewältigung dieser neuen Sicherheitsherausforderungen. (…)

5. Im Einklang mit den angeführten Absichtserklärungen verpflichten sich die Teilnehmerstaaten: • die Zusammenarbeit in polizeibezogenen Fragen zwischen zwei oder mehreren von ihnen zu verstärken, um neue Risiken und Herausforderungen für ihre Sicherheit sowohl bilateral als auch multilateral und gegebenenfalls durch verstärkte Kontakte zwischen einschlägigen Gre- mien zu bewältigen, • das Fachwissen und die Erfahrungen der OSZE in Bezug auf polizeibezogene Aktivitäten an andere einschlägige internationale Organisationen, denen sie angehören, im Hinblick auf wirk- samere internationale Aktionen im Umgang mit diesen neuen Sicherheitsrisiken und -heraus- forderungen weiterzugeben.

374 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

Die OSZE-Teilnehmerstaaten, fest entschlossen, sich dem Kampf gegen den Terrorismus anzu- schließen, (…)

2. (…) bekräftigen, dass Maßnahmen gegen den Terrorismus gegen keine Religion, keine Nation und kein Volk gerichtet sind; (…)

4. erklären, dass terroristische Handlungen, Methoden und Praktiken sowie die bewusste Unter- stützung, Duldung, Finanzierung und Planung solcher Handlungen sowie die Anstiftung dazu im Widerspruch zu den Zielen und Grundsätzen der Vereinten Nationen und der OSZE stehen;

5. halten es für äußerst wichtig, die laufende Umsetzung der OSZE-Verpflichtungen in Bezug auf Terrorismus durch die Bekräftigung der grundlegenden und ewig gültigen Prinzipien zu ergän- zen, auf denen die Tätigkeit der OSZE bisher beruhte und auch in Zukunft beruhen wird und zu denen sich die Teilnehmerstaaten uneingeschränkt bekennen; (…)

8. Bekräftigen, dass jeder Staat verpflichtet ist, es zu unterlassen, (…) Terroranschläge in einem anderen Staat zu organisieren, zu solchen anzustiften, sie aktiv oder passiv zu unterstützen, (…)

11. erkennen an, dass die einschlägigen Übereinkommen und Protokolle der Vereinten Nationen und die Resolutionen des Sicherheitsrats der Vereinten Nationen, insbesondere die Resolution 1373 (2001) des Sicherheitsrats der Vereinten Nationen, den wichtigsten völkerrechtlichen Rahmen für den Kampf gegen den Terrorismus darstellen;

12. anerkennen die Bedeutung der vom Ausschuss für Terrorismusbekämpfung des Sicherheitsrats der Vereinten Nationen geleisteten Arbeit und bekräftigen die Verpflichtung und die Bereitschaft der Teilnehmerstaaten und der OSZE, mit diesem Ausschuss zusammenzuarbeiten;

13. erinnern an die Rolle der OSZE als regionale Abmachung nach Kapitel VIII der Charta der Vereinten Nationen und an ihre daraus erwachsende Verpflichtung, zum weltweiten Kampf ge- gen den Terrorismus beizutragen; (…)

15. nehmen mit Befriedigung Kenntnis von der Erklärung und dem Aktionsprogramm, die auf der am 13. und 14. Dezember 2001 abgehaltenen Internationalen Konferenz von Bischkek „Festi- gung von Sicherheit und Stabilität in Zentralasien: Stärkung umfassender Bemühungen im Kampf gegen den Terrorismus“ verabschiedet wurden; (…)

17. Unterstreichen, dass die Verhütung und Bekämpfung des Terrorismus auf einem Konzept der gemeinsamen und umfassenden Sicherheit und einem konsequenten Ansatz beruhen muss, und verpflichten sich, die drei Dimensionen und alle Gremien und Institutionen der OSZE einzuset- zen, um den Teilnehmerstaaten auf deren Ersuchen bei der Verhütung und Bekämpfung des Ter- rorismus in all seinen Formen behilflich zu sein; 6 18. sichern zu, dass sie ihre Verpflichtungen aus den Übereinkommen und Protokollen der Verein- ten Nationen und den Resolutionen des Sicherheitsrats sowie andere völkerrechtliche Verpflich- tungen erfüllen werden, denen zufolge sie zu gewährleisten haben, dass terroristische Handlungen

375 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

sowie Aktivitäten, die diese unterstützen, einschließlich der Finanzierung des Terrorismus, nach innerstaatlichem Recht als schwere Straftaten gelten;

19. werden zusammenarbeiten, um terroristische Handlungen zu verhüten, zu bekämpfen, zu untersuchen und strafrechtlich zu verfolgen, etwa auch durch verstärkte Zusammenarbeit und vollständige Umsetzung der einschlägigen internationalen Übereinkommen und Protokolle be- treffend den Terrorismus;

20. sind von der Notwendigkeit überzeugt, den Bedingungen entgegenzuwirken, die geeignet sind, den Terrorismus zu begünstigen und zu unterstützen, insbesondere indem Demokratie und Rechts- staatlichkeit uneingeschränkt geachtet werden, allen Bürgern die volle Teilnahme am politischen Leben zugestanden wird, in ihrer Gesellschaft Diskriminierung verhindert und zum interkultu- rellen und interreligiösen Dialog ermutigt wird, die Zivilgesellschaft in die Suche nach gemeinsa- men politischen Lösungen von Konflikten eingebunden wird, die Menschenrechte und Toleranz gefördert werden und die Armut bekämpft wird;

21. würdigen die positive Rolle, die Medien bei der Förderung von Toleranz und gegenseitigem Verständnis zwischen Religionen, Weltanschauungen, Kulturen und Völkern sowie bei der Auf- klärung über die Gefahr des Terrorismus spielen können;

23. werden die Bewegung von Terroristen oder terroristischen Gruppen verhindern, indem sie wirksame Grenzkontrollen durchführen und die Ausstellung von Identitätsdokumenten und Rei- seausweisen kontrollieren; (…)

25. bekräftigen ihr Bekenntnis zur Erfüllung ihrer internationalen Verpflichtungen aus den Reso- lutionen 1373 (2001) und 1390 (2002) des Sicherheitsrats der Vereinten Nationen und insbesondere die Vermögenswerte jener einzufrieren, die vom Ausschuss des Sicherheitsrats nach Resolution 1267 (1999) namhaft gemacht werden;

26. Nehmen mit Besorgnis Kenntnis von den Verbindungen zwischen dem Terrorismus und dem grenzüberschreitendem organisierten Verbrechen, der Geldwäsche, dem Menschenhandel und dem unerlaubten Drogen- und Waffenhandel und betonen in diesem Zusammenhang die Notwendig- keit, die Koordination zu verstärken und kooperative Vorgehensweisen auf allen Ebenen zu ent- wickeln, um ihre Reaktion auf diese ernst zu nehmende Bedrohung und Herausforderung für die Sicherheit und Stabilität zu verstärken; (…)

Porto 2002 (Beschluss Nr. 1 über Umsetzung der OSZE-Verpflichtungen und –Aktivitäten zur Bekämpfung des Terrorismus)

Der Ministerrat, (…)

beschließt, dass alle OSZE-Teilnehmerstaaten, -Gremien und -Institutionen dringend mit der Um- setzung ihrer in Bukarest eingegangenen Verpflichtungen fortfahren und deren Wirksamkeit si- cherstellen sollen;

376 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

bekräftigt die Verpflichtung aller Teilnehmerstaaten, so bald wie möglich allen 12 Übereinkom- men und Protokollen der Vereinten Nationen betreffend den Terrorismus beizutreten, und be- grüßt die von den Teilnehmerstaaten, die diese Verfahren bereits abgeschlossen haben, getroffenen Maßnahmen;

verpflichtet sich, den erfolgreichen Abschluss der Verhandlungen über neue universelle Vertrags- werke in diesem Bereich anzustreben, die derzeit in den Vereinten Nationen im Gange sind, und bekräftigt seine Bereitschaft, in Abstimmung mit dem Ausschuss für Terrorismusbekämpfung des Sicherheitsrats der Vereinten Nationen Ersuchen um technische Hilfe und Kapazitätsaufbau im In- teresse der Förderung der Ratifikation und Umsetzung der Vertragswerke der Vereinten Nationen gegen den Terrorismus und anderer einschlägiger AntiterrorInstrumente zu prüfen; (…)

Erinnert an die Empfehlung des Persönlichen Beauftragten des Amtierenden Vorsitzenden für die Verhütung und Bekämpfung des Terrorismus, dass die OSZE unter anderem Aktivitäten im Be- reich der Polizeiarbeit, der Grenzsicherung, der Bekämpfung des Menschenhandels und der Be- kämpfung der Terrorismusfinanzierung unternimmt; (…)

beschließt, dass die OSZE-Teilnehmerstaaten, -Gremien und -Institutionen ihre Bemühungen und ihre gemeinsame Verpflichtung zur Bekämpfung des Terrorismus und der ihn begünstigenden Be- dingungen verstärken und dabei die Stärken und Vorteile, das umfassende Sicherheitskonzept, die Kompetenz in Frühwarnung, Konfliktverhütung, Krisenmanagement und Konfliktnachsorge, das umfassende Instrumentarium an bewährten vertrauens- und sicherheitsbildenden Maßnahmen sowie das Expertenwissen der OSZE in Bezug auf Kapazitätsaufbau einsetzen werden.

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert

10. Terrorismusist eine der Hauptursachen von Instabilität im derzeitigen Sicherheitsumfeld. Er zielt auf die Aushöhlung der Werte, die die Teilnehmerstaaten im OSZE-Gebiet verbinden. Der Terrorismus ist und bleibt eine der größten Herausforderungen für Frieden und Stabilität und die Staatsmacht, insbesondere deshalb, weil er in der Lage ist, asymmetrische Methoden zur Umge- hung traditioneller Sicherheits- und Verteidigungssysteme anzuwenden. Für Terrorismus gibt es keine wie auch immer geartete Rechtfertigung. Gleichzeitig erfordert der Terrorismus ein welt- weites Vorgehen, wobei sowohl auf seine Manifestationen als auch auf das soziale, wirtschaftliche und politische Umfeld, in dem er entsteht, einzugehen ist. (…)

Auseinandersetzung mit Terrorismus und Bedrohungen durch andere kriminelle Aktivitäten

28. Die UN-Konventionen und -Protokolle und die Resolutionen des UN-Sicherheitsrats bilden den weltweit gültigen rechtlichen Rahmen für die Bekämpfung des Terrorismus. Zu deren Unterstüt- zung hat die OSZE in den Jahren 2001 und 2002 im Wege von Beschlüssen eine Struktur geschaf- fen, die es den Teilnehmerstaaten und der Organisation ermöglicht, mit hoher Priorität umfassende Maßnahmen zu ergreifen, um gegen die vom Terrorismus aus-gehenden Gefahren, seine Erschei- 6 nungsformen und die Bedingungen, die ihn begünstigen und am Leben erhalten, vorzugehen. (…)

377 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

29. (…) Besondere Aufmerksamkeit wird dem Aufbau von Kapazitäten und anderen Hilfestellungen im Bereich der Terrorismusbekämpfung gelten (…) Dazu gehört, dass Terroristen keine Zuflucht geboten wird und dass Bedingungen entgegengewirkt wird, unter denen es Terroristen gelingt, um Unterstützung zu werben und diese zu erhalten. Diese Maßnahmen zielen auch darauf ab, Terro- risten am Aufbau ihrer Kapazitäten zu hindern, indem unter anderem verhindert wird, dass sie Zugang zu SALW und anderen konventionellen Waffen sowie zu Massenvernichtungswaffen und den dazugehörigen Technologien erhalten. Im Wege von gemeinsamen Tagungen, Kontakten auf allen Ebenen und speziellen Programmen und Projekten soll es zu einem engen Zusammenwir- ken mit anderen einschlägigen internationalen Organisationen und Organen kommen, insbeson- dere mit dem Ausschuss des UN-Sicherheitsrats zur Bekämpfung des Terrorismus (UNCTC) und dem UN-Büro für Drogen- und Verbrechensbekämpfung (UNODC).

30. Die OSZE hat ferner beschlossen, ein Antiterrornetzwerk einzurichten, um die Koordination der Antiterrormaßnahmen zu stärken, den Informationsaustausch zwischen OSZETeilnehmers- taaten zu fördern und die Arbeit des UNCTC an der Umsetzung der Sicherheitsratsresolution 1373 zu unterstützen und zu ergänzen. (…)

35. Bedrohungen Terrorismus und organisierte Kriminalität sind oft miteinander verflochten, wes- halb weiter nach Synergieeffekten bei ihrer Bekämpfung gesucht wird. Die Bewegung von Personen, Ressourcen und Waffen über Grenzen hinweg und Schmuggel zum Zweck der Finanzierung und logistischen Unterstützung spielen in den terroristischen Aktivi¬täten eine immer größere Rolle. Die OSZE ist entschlossen, diese Probleme anzugehen und ihre Fähigkeiten zur Förderung offe- ner und sicherer Grenzen unter anderem durch Aus¬arbeitung eines OSZE-Konzepts für Grenz- sicherung und Grenzschutz zu stärken, um den Aufbau von Kapazitäten und eine für alle Seiten vorteilhafte Zusammenarbeit zwischen den Staaten zu ermöglichen.

Sofia 2004 (Erklärung des Ministerrats von Sofia zur Verhütung und Bekämpfung des Terrorismus)

1. Wir, die Mitglieder des Ministerrats der OSZE, (…) erklären unsere entschiedene und vorbe- haltlose Verurteilung von Akten des Terrorismus, insbesondere derjenigen, die 2004 in Spanien, Usbekistan, der Türkei und Russland verübt wurden, (…) Wir trauern um die Hunderten Toten und erklären unsere tief empfundene Solidarität mit den Opfern der Akte des Terrorismus und deren Familien. Diese Anschläge haben den Terrorismus in seiner ganzen Unmenschlichkeit ge- zeigt. Wir erklären uns mit den Staaten solidarisch, die nicht Teilnehmerstaaten unserer Organi- sation sind und ebenfalls Zielscheibe terroristischer Anschläge wurden.

Mit dem erneuten Hinweis, dass der Terrorismus eine der schwersten Bedrohungen des Friedens und der Sicherheit darstellt, und in der Erwägung, dass Akte des Terrorismus die Wahrnehmung der Menschenrechte ernsthaft behindern, erneuern wir unsere Verpflichtung, die Wahrnehmung der Menschenrechte und Grundfreiheiten, insbesondere des Rechts auf Leben, eines jeden Men- schen innerhalb unseres Hoheitsbereichs gegen Akte des Terrorismus zu schützen. (…)

2. Wir unterstreichen die führende Rolle der Vereinten Nationen im umfassenden Kampf gegen den Terrorismus.

Wir bekräftigen die von unseren Staaten im Bereich der Terrorismusbekämpfung im Rahmen der Vereinten Nationen (…) (…)

378 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

4. (…) Wir bekräftigen, dass die OSZE-Bemühungen zur Bekämpfung terroristischer Bedrohungen alle OSZE-Dimensionen erfassen sollten, die Sicherheitsdimension unter Einschluss des politisch- militärischen Bereichs, die Wirtschafts- und Umweltdimension sowie die menschliche Dimension. Auf Grundlage des gemeinsamen, umfassenden und unteilbaren Sicherheitskonzepts könnte un- sere Organisation weitere wesentliche Beiträge zu den weltweiten Bemühungen im Kampf gegen den Terrorismus leisten.

Wir sind davon überzeugt, dass die Achtung der Menschenrechte und Grundfreiheiten ein wich- tiges Element der Sicherung von Frieden und Stabilität und der Verhütung von Terrorismus ist. Wir sind uns dessen bewusst, dass für die wirksame Verhütung und Bekämpfung des Terroris- mus die Zivilgesellschaft in unseren Ländern eingebunden werden muss.

(…) Wir werden aktiv zusammenarbeiten, um die Täter, Organisatoren, Unterstützer und Förde- rer von Akten des Terrorismus zu finden und vor Gericht zu bringen.

Wir werden das Zusammenwirken und den Dialog zu Fragen der Terrorismusverhütung und -be- kämpfung mit den Kooperationspartnern im Mittelmeerraum und in Asien ebenfalls weiterent- wickeln.

Laibach 2005 (Ministererklärung zum internationalen Übereinkommen zur Bekämpfung Nuklearterroristischer Handlungen)

2. Wir sagen zu, alles in unseren Kräften Stehende zu tun, um dieses internationale Übereinkom- men am 14. September 2005, dem Tag, an dem es am Amtssitz der Vereinten Nationen in New York zur Unterzeichnung aufgelegt wird, zu unterzeichnen.

3. Wir ermutigen dazu, alle erforderlichen Maßnahmen zu ergreifen, um dieses internationale Übereinkommen ehestmöglich zu ratifizieren, anzunehmen, zu genehmigen oder auf andere Weise Vertragspartei dieser Übereinkunft zu werden. (…)

Laibach 2005 (Konzept für Grenzsicherung und –Management: Kooperationsrahmen für die OSZE-Teilnehmerstaaten)

2. Die OSZE-Teilnehmerstaaten bekräftigen die von ihnen auf allen Ebenen eingegangenen Ver- pflichtungen in grenzbezogenen Fragen: (…)

379 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Zusammenarbeit zwischen den Staaten eine Handhabe gegen Bedrohungen durch Terrorismus, (…), wie es in Absatz 35 der OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert heißt; (…)

4.2 Verringerung der terroristischen Bedrohung, auch durch die Verhinderung grenzüberschrei- tender Personen-, Waffen- und Kapitalbewegungen, die mit terroristischen und sonstigen krimi- nellen Aktivitäten in Zusammenhang stehen; (…)

Brüssel 2006 (Ministererklärung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus)

Wir, die Mitglieder des Ministerrats der OSZE, bekräftigen unsere feste Entschlossenheit, alle Arten und Erscheinungsformen des Terrorismus als ein Verbrechen zu bekämpfen, das keinerlei Rechtfertigung hat, ungeachtet seiner Beweggründe oder Ursachen, und die Aktivitäten der OSZE zur Bekämpfung des Terrorismus im Einklang mit bestehenden OSZEVerpflichtungen fortzuset- zen und zu verstärken. (…)

Wir sind davon überzeugt, dass der völkerrechtliche Rahmen für die Bekämpfung des Terrorismus, bestehend aus den weltweit gültigen Übereinkommen und Protokollen zur Verhütung und Beseiti- gung des Terrorismus, den einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen, der jüngst verabschiedeten Weltweiten Strategie der Vereinten Nationen gegen den Terrorismus sowie aus regionalen und bilateralen Rechtsakten gegen den Terrorismus, verstärkt werden muss.

Wir fordern die OSZE-Teilnehmerstaaten auf, die einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen zur Bekämpfung des Terrorismus umzusetzen.

Wir begrüßen die beachtlichen Fortschritte der Teilnehmerstaaten hinsichtlich der Erfüllung der vom Ministerrat in Bukarest beschlossenen Verpflichtung zum Beitritt zu den 12 Übereinkom- men und Protokollen gegen den Terrorismus, wobei nunmehr 46 Teilnehmerstaaten allen 12 der- zeit in Kraft befindlichen Rechtsakten beigetreten sind.

Wir fordern diejenigen OSZE-Teilnehmerstaaten, die dies noch nicht getan haben, auf, jede An- strengung zu unternehmen, um den derzeit geltenden weltweit gültigen Übereinkommen und

380 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Protokollen gegen den Terrorismus unverzüglich beizutreten und sie umzusetzen, insbesondere durch Kriminalisierung der diesbezüglichen Straftaten in ihren innerstaatlichen Rechtsvorschriften.

Wir wiederholen unseren Appell an die OSZE-Teilnehmerstaaten, den Beitritt zum Internatio- nalen Übereinkommen zur Bekämpfung nuklearterroristischer Handlungen und zum Überein- kommen der Vereinten Nationen gegen die grenzüberschreitende organisierte Kriminalität sowie zum Übereinkommen der Vereinten Nationen gegen Korruption in Erwägung zu ziehen, und un- terstützen die laufenden Bemühungen um Verabschiedung eines umfassenden Übereinkommens über den internationalen Terrorismus dahingehend, dass die Ziele der internationalen Gemein- schaft im Kampf gegen den Terrorismus gefördert werden.

Wir fordern die Teilnehmerstaaten auf, den Beitritt zu regionalen und subregionalen Rechtsakten gegen den Terrorismus oder über die rechtliche Zusammenarbeit in Strafsachen, die von Organi- sationen verabschiedet wurden, denen wir angehören, in Erwägung zu ziehen und – wann immer Lücken in bestehenden Rechtsakten zu schließen sind – bilaterale Abkommen über gegenseitige Rechtshilfe und Auslieferung zu schließen, um in Übereinstimmung mit den nach innerstaatlichem und internationalem Recht anwendbaren Regeln uneingeschränkt zusammenarbeiten zu können, damit Täter, Organisatoren, Unterstützer und Sponsoren terroristischer Handlungen auf der Grund- lage des Prinzips „ausliefern oder verfolgen“ ausgeforscht und vor Gericht gestellt werden können.

Wir werden das Zusammenwirken und den Dialog zu Fragen der Terrorismusverhütung und -be- kämpfung mit den Kooperationspartnern im Mittelmeerraum und in Asien ebenfalls weiterent- wickeln.

Madrid 2007 (Ministererklärung über die Unterstützung der weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus) (…)

3. Wir anerkennen die führende Rolle der Vereinten Nationen in den internationalen Bemühungen gegen den Terrorismus und unterstützen die am 8. September 2006 von der Generalversammlung der Vereinten Nationen verabschiedete Weltweite Strategie der Vereinten Nationen zur Bekämp- fung des Terrorismus, die wir als richtungsweisend für die Aktivitäten der OSZE gegen den Ter- rorismus sehen, da die Strategie einen umfassenden weltweiten Ansatz gegen den Terrorismus entwirft, der sich nicht nur mit dessen Ausdrucksformen sondern auch mit den seiner Ausbreitung Vorschub leistenden Umständen auseinandersetzt, in einem auf die Menschenrechte und Rechts- staatlichkeit gründenden Rahmen und im Einklang mit allen völkerrechtlichen Verpflichtungen, insbesondere dem Völkerrecht auf dem Gebiet der Menschenrechte, dem internationalen Flücht- lingsrecht und dem humanitären Völkerrecht.

4. Wir erinnern an den umfassenden weltweiten Ansatz der Strategie im Kampf gegen den Ter- rorismus, der sich nicht nur mit dessen Ausdrucksformen sondern auch mit den seiner Ausbrei- tung Vorschub leistenden Umständen auseinandersetzt, darunter lang andauernde ungelöste Konflikte, alle Formen und Arten von Entmenschlichung der Opfer von Terrorismus, fehlende Rechtsstaatlichkeit sowie Menschenrechtsverletzungen, Diskriminierung aufgrund der Volks- gruppenzugehörigkeit, der Staatsangehörigkeit oder des religiösen Bekenntnisses, politische und sozioökonomische Ausgrenzung und das Fehlen einer verantwortungsbewussten Staatsführung, wobei festgestellt wird, dass keiner dieser Umstände als Entschuldigung oder Rechtfertigung für 6 terroristische Handlungen dienen kann. (…)

381 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

6. Wir erinnern an die Verpflichtung, alle Resolutionen des Sicherheitsrats der Vereinten Natio- nen zum internationalen Terrorismus umzusetzen, und anerkennen, dass viele Staaten nach wie vor Hilfestellung bei deren Umsetzung benötigen. (…)

8. (…) Die OSZE und insbesondere ihre Teilnehmerstaaten werden, (…), die Verpflichtungen im Kampf gegen den Terrorismus weiter umsetzen und könnten sich dabei vorwiegend, wenn auch nicht ausschließlich, folgenden Aktivitäten widmen:

9. Die OSZE wird auch weiterhin den internationalen Rechtsrahmen gegen den Terrorismus för- dern, insbesondere die weltweit gültigen Übereinkommen und Protokolle gegen den Terrorismus, und den Teilnehmerstaaten nahe legen, diesen beizutreten und die ihnen aus diesen Rechtsakten erwachsenden Verpflichtungen zu erfüllen; (…)

17. Die OSZE wird ihre Aktivitäten gegen gewalttätigen Extremismus und Radikalisierung, die zu Terrorismus führen, fortsetzen. Intoleranz und Diskriminierung müssen von den OSZETeil- nehmerstaaten und den Durchführungsorganen der OSZE im Rahmen ihrer jeweiligen Mandate behandelt und bekämpft werden. Der Ständige Rat wird 2008 mit Unterstützung des Sekretariats und der Institutionen Überlegungen darüber anstellen, wie die OSZE anhand eines mehrdimen- sionalen Ansatzes zur Entwicklung eines besseren Verständnisses für die Phänomene gewalttäti- ger Extremismus und Radikalisierung, die zu Terrorismus führen, durch den Austausch nationaler Erfahrungen beitragen kann; (…)

Helsinki 2008 (Beschluss Nr. 10/08 über Weitere Förderung der Terrorismusbekämpfung durch die OSZE)

Der Ministerrat, (…)

In Bekräftigung der bestehenden OSZE-Verpflichtungen im Kampf gegen den Terrorismus und der Absicht, Aktivitäten gegen den Terrorismus auch weiterhin hohen Stellenwert in der OSZE einzuräumen, (…)

Unter erneutem Hinweis auf die Notwendigkeit, den Bedingungen entgegenzuwirken, die geeig- net sind, den Terrorismus zu begünstigen und zu unterstützen, insbesondere indem Demokratie und Rechtsstaatlichkeit uneingeschränkt geachtet werden, allen Bürgern die volle Teilnahme am politischen Leben zugestanden wird, in ihrer Gesellschaft Diskriminierung verhindert und zum interkulturellen und interreligiösen Dialog ermutigt wird, die Zivilgesellschaft in die Suche nach gemeinsamen politischen Lösungen von Konflikten eingebunden wird, die Menschenrechte und Toleranz gefördert werden und die Armut bekämpft wird, (…)

1. fordert die Teilnehmerstaaten und die Durchführungsorgane der OSZE auf, ihre Bemühungen im Hinblick auf einen aktiven Beitrag zur Umsetzung der Weltweiten Strategie der Vereinten Na- tionen zur Bekämpfung des Terrorismus und anderer Dokumente der Vereinten Nationen zur Be- kämpfung des Terrorismus fortzusetzen;

382 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

2. Fordert die Teilnehmerstaaten auf, weiterhin öffentlich-private Partnerschaften mit der Zivil- gesellschaft, den Medien, der Wirtschaft und der Industrie im Hinblick auf die Bekämpfung des Terrorismus zu fördern, unter anderem durch die Weitergabe von Erfahrungen und den Austausch einschlägiger Informationen über nachahmenswerte nationale Praktiken auf Ebene der OSZE wie auch gegebenenfalls auf nationaler, subregionaler und regionaler Ebene; (…)

4. fordert die Teilnehmerstaaten der OSZE auf, bei der Bekämpfung von gewalttätigem Extremis- mus und Radikalisierung, die in ihrem jeweiligen Land zu Terrorismus führen, von den Durch- führungsorganen der OSZE Gebrauch zu machen. Zu diesem Zweck werden die Teilnehmerstaaten dazu ermutigt, weiterhin Vorstellungen und bewährte nationale Praktiken in Bezug auf ihre Stra- tegien und Maßnahmen zur Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, auszutauschen und ihre Zusammenarbeit mit den Medien, der Wirt- schaft, der Industrie und der Zivilgesellschaft zu verstärken; (…)

Athen 2009(Beschluss Nr. 3/09 über Weitere Massnahmen zur Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus)

Der Ministerrat, (…)

(…) und erfreut über die spürbaren Fortschritte hinsichtlich des Beitritts von Teilnehmerstaaten zu den 12 weltweit gültigen Übereinkünften und Protokollen zur Bekämpfung des Terrorismus der Jahre 1963 -1999 sowie über die Fortschritte bei der Unterzeichnung und Ratifizierung des Internationalen Übereinkommens zur Bekämpfung von Akten des Nuklearterrorismus (2005), (…)

in Anerkennung der Notwendigkeit, die in den weltweit gültigen Übereinkommen und Protokollen zur Bekämpfung des Terrorismus genannten Straftatbestände in nationales Strafrecht, gegebenen- falls auch Verwaltungs- und Zivilrecht, zu übertragen und angemessene Strafen dafür vorzusehen, um die Täter, Organisatoren, Unterstützer und Geldgeber terroristischer Handlungen im Sinne der Rechtsstaatlichkeit vor Gericht zu stellen und die internationale Zusammenarbeit der Justiz- behörden gemäß dem Grundsatz „entweder ausliefern oder strafrechtlich verfolgen“ zu erleich- tern, wie dies in einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen und den weltweit gültigen Rechtsinstrumenten gegen den Terrorismus gefordert wirds,

Ferner anerkennend, dass OSZE-Teilnehmerstaaten bei ihren diesbezüglichen Bemühungen gege- benenfalls technische Unterstützung benötigen,

in Anerkennung der wichtigen Rolle, die die Parlamentarier bei der Ratifizierung und Umsetzung in innerstaatliches Recht der weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus spielen,

fordert die OSZE-Teilnehmerstaaten, die die derzeit 13 weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus noch nicht unterzeichnet haben, nachdrücklich auf, sich nach Kräften um einen unverzüglichen Beitritt zu bemühen und die Bestimmungen dieser 6 Instrumente vollständig umzusetzen;

fordert die OSZE-Teilnehmerstaaten auf, den Beitritt zur Änderung des Übereinkommens über den physischen Schutz von Kernmaterial (2005), zum Protokoll zum Übereinkommen zur Bekämpfung

383 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

widerrechtlicher Handlungen gegen die Sicherheit der Seeschifffahrt (2005) und zum Protokoll zum Protokoll zur Bekämpfung widerrechtlicher Handlungen gegen die Sicherheit fester Plattfor- men, die sich auf dem Festlandsockel befinden (2005), in Erwägung zu ziehen und sie anschlie- ßend vollständig umzusetzen;

fordert die OSZE-Teilnehmerstaaten auf, den Beitritt zu regionalen und subregionalen Rechtsins- trumenten gegen den Terrorismus in Erwägung zu ziehen, einschließlich des Übereinkommens des Europarats zur Verhütung des Terrorismus; (…)

fordert die OSZE-Teilnehmerstaaten auf, zur Förderung der weltweit gültigen Übereinkommen und Protokolle zur Bekämpfung des Terrorismus die Zusammenarbeit zwischen den Staaten durch die Weitergabe von technischem Fachwissen zu verstärken, und beauftragt den Generalse- kretär, die Zusammenarbeit zwischen den Staaten auch weiterhin zu erleichtern, unter anderem indem er zwischen den Teilnehmerstaaten die Angebote und Ersuchen um technische Unterstüt- zung zusammenführt;

beauftragt den Generalsekretär und die zuständigen OSZE-Durchführungsorgane, im Rahmen der verfügbaren Ressourcen die Zusammenarbeit mit UNODC bei der Stärkung des rechtlichen Rahmens für die Bekämpfung des Terrorismus durch Förderung der Umsetzung der weltweit gül- tigen Rechtsinstrumente zur Bekämpfung des Terrorismus fortzusetzen und insbesondere die Un- terstützung für das UNODC-Programm zur Verhütung des Terrorismus in folgenden Bereichen weiter zu verstärken und zu straffen: • Bewusstseinsbildung und Unterstützung bei der politischen Willensbildung in den Teilneh- merstaaten für den Beitritt zu den weltweit gültigen Übereinkommen und Protokollen zur Be- kämpfung des Terrorismus • Bereitstellung von technischer Unterstützung für ersuchende Staaten bei der Ausarbeitung straf- rechtlicher Bestimmungen gegen den Terrorismus; • Ausbildung von Justizbeamten für die internationale Zusammenarbeit von Justizbehörden in Strafsachen zur Terrorismusbekämpfung; (…)

Astana 2010

9. [] müssen wir in der komplexen und vernetzten Welt von heute in der Auseinandersetzung mit neuen grenzüberschreitenden Bedrohungen wie Terrorismus (…). Diese Bedrohungen können ih- ren Ursprung innerhalb und außerhalb unserer Region haben.

Dublin 2012 (Erklärung über die Stärkung von guter Regierungsführung und die Bekämpfung von Korruption, Geldwäsche und Terrorismusfinanzierung) (…)

(…) erneuern wir unser nachdrückliches Bekenntnis zur Bekämpfung von Korruption, Geldwä- sche, Terrorismusfinanzierung und damit zusammenhängenden Straftaten und erklären sie zu Prioritäten unserer Politik, gestützt auf geeignete Rechtsinstrumente, angemessene finanzielle, personelle und institutionelle Ressourcen und, wo erforderlich, geeignete Instrumente für ihre praktische und wirksame Umsetzung. (…)

384 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Wir sind uns der Tatsache bewusst, dass der international agierende Terrorismus auf Geldmittel angewiesen ist, die Terroristen zugewiesen werden. Die Finanzierung des Terrorismus gibt der ge- samten internationalen Staatengemeinschaft Anlass zu großer Sorge. Unserer Überzeugung nach besteht die dringende Notwendigkeit, die internationale Zusammenarbeit zwischen den Staaten bei der Ausarbeitung und Verabschiedung wirksamer Maßnahmen zur Verhütung der Terroris- musfinanzierung und zu deren Unterbindung durch die strafrechtliche Verfolgung und Bestra- fung der Täter zu verstärken.

Kiew 2013(Ministererklärung über die Verstärkung der Bemühungen der OSZE im Umgang mit grenzüberschreitenden Bedrohungen)

Würdigen die Aktivitäten der OSZE-Teilnehmerstaaten zur Stärkung der Zusammenarbeit im Umgang mit grenzüberschreitenden Bedrohungen in Bereichen wie zum Beispiel Terrorismus- bekämpfung, (…);

Belgrad 2015 (Ministererklärung über verstärkte Bemühungen der OSZE zur Bekämpfung des Terrorismus infolge der jüngsten Terroristandschläge)

Wir, die Minister für auswärtige Angelegenheiten der Teilnehmerstaaten der Organisation für Si- cherheit und Zusammenarbeit in Europa, sind entsetzt über die tödlichen Terroranschläge auf Zi- vilpersonen, zu denen es 2015 im OSZE-Raum und seiner Nachbarschaft kam; wir bekunden den Angehörigen der Opfer sowie dem Volk und den Regierungen, die Zielscheibe waren, unser tief empfundenes Beileid und wünschen denjenigen, die dabei verletzt wurden, eine baldige Genesung.

Wir verurteilen unmissverständlich und mit allem Nachdruck alle Terroranschläge, sowohl die unterschiedslose Tötung von Zivilpersonen als auch das gezielte Ins-Visier- Nehmen einzelner Per- sonen und Gemeinschaften, unter anderem aufgrund ihrer Religion oder Weltanschauung, ins- besondere durch den „Islamischen Staat im Irak und in der Levante“, auch bekannt als DAESH (ISIL/DAESH), die Al-Nusra-Front und alle anderen mit Al-Qaida verbundenen Personen, Grup- pen, Unternehmen und Einrichtungen, die eine weltweite und beispiellose Bedrohung des Welt- friedens und der Sicherheit darstellen.

Wir bekräftigen, dass der Terrorismus in allen seinen Arten und Erscheinungsformen eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt und dass alle terroristischen Handlungen verbrecherisch und nicht zu rechtfertigen sind, ungeachtet ihrer Beweggründe und gleichwohl wann und von wem sie begangen werden, und dass der Terroris- mus nicht mit einer bestimmten Rasse, Religion, Nationalität oder Zivilisation in Verbindung ge- bracht werden kann und soll.

Wir sind entschlossen, unsere Anstrengungen zur Auseinandersetzung mit der Bedrohung des Terrorismus, darunter auch der Bedrohung, die von ausländischen terroristischen Kämpfern aus- geht, zu verstärken, und zu diesem Zweck die OSZE¬Verpflichtungen auf dem Gebiet der Verhü- 6 tung und Bekämpfung des Terrorismus ebenso wie die Resolutionen 2170, 2178, 2199 und 2249 des Sicherheitsrats der Vereinten Nationen weiterhin vollständig umzusetzen.

385 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Wir erinnern daran, dass die Teilnehmerstaaten die Finanzierung terroristischer Handlungen ver- hüten und bekämpfen und es unterlassen werden, Einrichtungen oder Personen, die an terroris- tischen Handlungen beteiligt sind, in irgendeiner Form aktiv oder passiv zu unterstützen, indem sie namentlich die Anwerbung von Mitgliedern terroristischer Gruppen unterbinden und die Be- lieferung von Terroristen mit Waffen beendigen.

Wir bekräftigen unsere Verpflichtung, den Terrorismus weiterhin geschlossen zu bekämpfen und zusammenzuarbeiten, um terroristische Handlungen zu verhüten und zu unterbinden und auch die Bedingungen zu beseitigen, die seine Ausbreitung begünstigen, durch verstärkte internatio- nale Solidarität und Zusammenarbeit, in uneingeschränkter Anerkennung der zentralen Rolle der Vereinten Nationen und im Einklang mit der Charta der Vereinten Nationen und den anderen an- wendbaren völkerrechtlichen Verpflichtungen, insbesondere den internationalen Menschenrechts- normen, dem internationalen Flüchtlingsrecht und dem humanitären Völkerrecht, sowie durch die vollständige Umsetzung der Resolutionen des Sicherheitsrats der Vereinten Nationen und der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus.

Wir unterstreichen, dass die Achtung der Menschenrechte, der Grundfreiheiten und der Rechts- staatlichkeit und wirksame Maßnahmen zur Terrorismusbekämpfung einander ergänzen, sich ge- genseitig verstärken und ein wesentlicher Bestandteil einer erfolgreichen Terrorismusbekämpfung sind, und stellen fest, wie wichtig die Achtung der Rechtsstaatlichkeit für eine wirksame Verhü- tung und Bekämpfung des Terrorismus ist.

Wir bekräftigen unsere Entschlossenheit und Zusage, bei der Verhütung und Bekämpfung des Terrorismus im Einklang mit unseren völkerrechtlichen Verpflichtungen uneingeschränkt zu- sammenzuarbeiten, um alle Personen, die die Finanzierung, Planung, Vorbereitung oder Bege- hung terroristischer Handlungen unterstützen, erleichtern, sich daran beteiligen oder sich daran zu beteiligen versuchen oder den Tätern Unterschlupf gewähren, ausfindig zu machen, ihnen ei- nen sicheren Zufluchtsort zu verweigern und sie entsprechend dem Grundsatz „entweder auslie- fern oder strafrechtlich verfolgen“ vor Gericht zu bringen.

Wir betonen, dass Terrorismus nur durch einen nachhaltigen und umfassenden Ansatz besiegt wer- den kann, unter aktiver Beteiligung und Zusammenarbeit aller Teilnehmerstaaten und maßgeb- lichen internationalen und regionalen Organisationen sowie gegebenenfalls der Zivilgesellschaft, um die terroristische Bedrohung zu behindern, zu schwächen, zu isolieren und auszuschalten. (…)

Wir sind davon überzeugt, dass die Terrorismusbekämpfung im Einklang mit den Prinzipien und Verpflichtungen der OSZE umfassender und unablässiger Bemühungen bedarf und sich sowohl mit den Erscheinungsformen des Terrorismus als auch den verschiedenen sozialen, wirtschaftli- chen, politischen und anderen Faktoren auseinandersetzen muss, die möglicherweise Bedingun- gen schaffen, unter denen terroristische Organisationen Anhänger anwerben und Unterstützung gewinnen können, wobei wir anerkennen, dass keine dieser Bedingungen terroristische Handlun- gen entschuldigen oder rechtfertigen kann.

Wir bekräftigen die feste Entschlossenheit der Teilnehmerstaaten, die Grundprinzipien, auf denen die OSZE aufbaut, zu schützen und alle OSZE-Verpflichtungen umzusetzen, insbesondere diejeni- gen in Verbindung mit der Verhütung und Bekämpfung des Terrorismus, einschließlich des Phä- nomens der ausländischen terroristischen Kämpfer bis hin zur Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zur Achtung der Menschenrechte und der Rechtsstaatlichkeit und zur Förderung von Toleranz und Nichtdiskriminierung, gegen- seitiger Achtung und des Verständnisses füreinander in unseren Gesellschaften.

386 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

unter Betonung unserer entschlossenen und bedingungslosen Verurteilung des Terrorismus und des gewalttätigen Extremismus sowie unserer tief empfundenen Solidarität mit allen Opfern des Terrorismus,

Die Zusage der Teilnehmerstaaten bekräftigend, zusammenzuarbeiten, um terroristische Hand- lungen, einschließlich ihrer Finanzierung, zu verhüten, zu bekämpfen, zu untersuchen und straf- rechtlich zu verfolgen, und in Bekräftigung unserer festen Entschlossenheit, den Terrorismus in allen seinen Arten und Erscheinungsformen als ein schweres Verbrechen zu bekämpfen, für das es, was auch immer seine Motive oder Ursachen sein mögen, keine Rechtfertigung gibt, und dass Terrorismus und gewalttätiger Extremismus nicht mit irgendeiner Rasse, Volksgruppe, Nationa- lität oder Religion in Verbindung gebracht werden kann und soll, (…)

in Anerkennung der führenden Rolle der Vereinten Nationen in den internationalen Bemühun- gen zur Verhütung und Bekämpfung des Terrorismus und gewalttätigen Extremismus sowie des Bekenntnisses der Teilnehmerstaaten zur vollständigen Umsetzung der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus,

geleitet von unserer Überzeugung, dass die Bekämpfung des Terrorismus und gewalttätigen Ext- remismus im Einklang mit den Prinzipien und Verpflichtungen der OSZE umfassender und un- ablässiger Bemühungen bedarf und sich sowohl mit den Erscheinungsformen des Terrorismus als auch den verschiedenen sozialen, wirtschaftlichen, politischen und anderen Faktoren auseinan- dersetzen muss, die möglicherweise Bedingungen schaffen, unter denen terroristische Organisa- tionen Anhänger anwerben und Unterstützung gewinnen können,

in Bekräftigung der Zusage der Teilnehmerstaaten, Gedanken und nachahmenswerte nationale Praktiken hinsichtlich ihrer Strategien und Maßnahmen zur Bekämpfung von gewalttätigem Ex- tremismus und Radikalisierung, die zu Terrorismus führen, auszutauschen, um die praktische Zusammenarbeit zu fördern, (…)

Hamburg 2016 (Erklärung über die Verstärkung der OSZE-Bemühungen zur Verhütung und Bekämpfung des Terrorismus)

1. Wir, die Außenminister der Teilnehmerstaaten der Organisation für Sicherheit und Zusammen- arbeit in Europa, verurteilen alle Terroranschläge auf das Allerschärfste, die insbesondere 2016 im OSZE-Raum, in den Nachbarregionen und weltweit stattgefunden haben. Wir bekräftigen un- sere Solidarität mit den Terroropfern und betonen die Notwendigkeit, internationale Solidarität zu ihrer Unterstützung zu fördern und sicherzustellen, dass sie mit Würde und Respekt behan- delt werden. Wir bekunden den Familien der Opfer sowie den betroffenen Menschen und Regie- rungen unser tief empfundenes Beileid. 6 2. Wir verurteilen unmissverständlich und äußern unsere Empörung über die wahllose Tötung und das bewusste Abzielen auf Zivilisten, zahllose Gräueltaten, die Verfolgung von Personen und Gemeinschaften, unter anderem aufgrund ihrer Religion oder ihrer Weltanschauung, durch ter- roristische Organisationen, insbesondere durch den sogenannten Islamischen Staat im Irak und

387 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

in der Levante, auch bekannt als DAESH (ISIL/DAESH), Al-Qaida, ANF/Jabhat Fatah-al-Sham, und die mit ihnen verbündeten Personen, Gruppen, Unternehmen und Einrichtungen.

3. Wir erklären erneut, dass der Terrorismus in allen seinen Arten und Erscheinungsformen eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt und dass jede terroristische Handlung verbrecherisch und nicht zu rechtfertigen ist, ungeachtet ihrer Beweggründe, und dass der Terrorismus nicht mit einer bestimmten Rasse, Religion, Nationalität oder Zivilisation in Verbindung gebracht werden kann und soll.

4. Wir unterstreichen die zentrale Rolle der Vereinten Nationen bei der Verhütung und Bekämpfung des Terrorismus und bekräftigen nachdrücklich unsere Verpflichtung, alle erforderlichen Maßnah- men zu ergreifen, um jeden Menschen in unserem Hoheitsbereich vor terroristischen Handlungen zu schützen, und die Notwendigkeit, dass alle Handlungen im Einklang mit der Charta der Ver- einten Nationen und allen anderen anwendbaren völkerrechtlichen Verpflichtungen, insbesondere internationalen Menschenrechtsnormen, dem internationalen Flüchtlingsrecht und dem huma- nitären Völkerrecht sowie einschlägigen Resolutionen des UN-Sicherheitsrats, durchgeführt wer- den. Im Sinne dieser Dokumente unterstreichen wir die Wichtigkeit unserer Verpflichtungen aus der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus. Ferner neh- men wir Kenntnis von den einschlägigen Dokumenten mit bewährten Praktiken, die das Globale Forum (GCTF) für die Bekämpfung des Terrorismus verabschiedet hat.

5. Wir erinnern an alle einschlägigen OSZE-Dokumente, die unter früheren Vorsitzen betref- fend die Verhütung und Bekämpfung des Terrorismus verabschiedet wurden. Wir nehmen auch Kenntnis vom Übereinkommen des Europarats über die Verhütung des Terrorismus und legen den OSZE-Teilnehmerstaaten nahe, dem Übereinkommen und dessen Zusatzprotokoll beizutreten.

6. Wir betonen, dass für die Verhütung und Bekämpfung des Terrorismus sowie von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen (VERLT), in erster Linie die Teilnehmerstaaten verantwortlich sind und sie dabei ihre völkerrechtlichen Verpflichtungen ein- zuhalten haben, insbesondere die Menschenrechte und Grundfreiheiten. Wir bekräftigen nach- drücklich unsere Entschlossenheit und unsere Verpflichtung, bei der Verhütung und Bekämpfung des Terrorismus durch verstärkte internationale Solidarität und Zusammenarbeit und durch ei- nen nachhaltigen undumfassenden Ansatz auf allen infrage kommenden Ebenen auch weiterhin geschlossen vorzugehen, unter aktiver Beteiligung und Mitarbeit aller Teilnehmerstaaten und maßgeblichen internationalen und regionalen Organisationen. Es ist uns bewusst, dass die Teil- nehmerstaaten Maßnahmen im Einklang mit ihren OSZE-Verpflichtungen und unter Gewähr- leistung der nationalen Eigenverantwortung ergreifen sollten, um sich mit den Bedingungen, die die Ausbreitung des Terrorismus begünstigen, auseinanderzusetzen, wobei wir anerkennen, dass keine dieser Bedingungen terroristische Handlungen entschuldigen oder rechtfertigen kann. In diesem Zusammenhang anerkennen wir die Notwendigkeit, uns mit der Bedrohung durch terro- ristische Narrative, einschließlich der öffentlichen Rechtfertigung des Terrorismus, der Anstiftung und Anwerbung, zu befassen, und fordern die Teilnehmerstaaten auf, gemeinsam die wirksamsten Antworten auf diese Bedrohung zu entwickeln, in Übereinstimmung mit dem Völkerrecht ein- schließlich internationaler Menschenrechtsnormen.

7. Wir begrüßen die Tätigkeit der Arbeitsgruppe „Finanzielle Maßnahmen“ (FATF) und beto- nen, dass alle Teilnehmerstaaten geeignete Schritte unternehmen werden, um die Finanzierung des Terrorismus zu verhindern und zu bekämpfen, und jede Form von finanzieller Unterstützung unterlassen werden, indem sie insbesondere keinen direkten oder indirekten Handel mit natürli- chen Ressourcen wie Erdöl und Erdölprodukte, mit Waffen, Munition und Ersatzteilen, mit Kul- turgütern und anderen Gegenständen von archäologischer, historischer, kultureller und religiöser

388 6.4.1 Verurteilung des Terrorismus und Verpflichtung zu dessen Bekämpfung

Bedeutung oder wissenschaftlichem Seltenheitswert treiben, der terroristischen Organisationen zum Vorteil gereicht. Ferner unterstreichen wir die Bedeutung der Zusammenarbeit zwischen den OSZE-Teilnehmerstaaten zur Verhütung und Bekämpfung der Anwerbung von Mitgliedern terro- ristischer Gruppen, einschließlich ausländischer terroristischer Kämpfer. Wir werden die Bedro- hung durch den Terrorismus im Sinne der OSZE-Verpflichtungen weiter reduzieren, indem wir grenzüberschreitende Bewegungen von Personen, Waffen und mit terroristischen Aktivitäten ver- bundenen Geldmitteln verhindern.

8. Wir bekräftigen, dass all jene, die sich an der Finanzierung, Planung, Erleichterung, Vorberei- tung oder Verübung terroristischer Handlungen beteiligen, in Übereinstimmung mit den völ- kerrechtlichen Verpflichtungen und dem anwendbaren innerstaatlichen Recht zur Rechenschaft gezogen und nach dem Grundsatz „ausliefern oder strafrechtlich verfolgen“ vor Gericht gestellt werden müssen. Wir erklären erneut unsere Entschlossenheit und Verpflichtung, bei der Verhütung und Bekämpfung des Terrorismus uneingeschränkt zusammenzuarbeiten, dabei Menschenrechte und Grundfreiheiten zu achten und den völkerrechtlichen Verpflichtungen nachzukommen. Wir fordern die Staaten auf, an den Bemühungen zur Bekämpfung der Bedrohung durch Terroristen, einschließlich ausländischer terroristischer Kämpfer und Rückkehrer, mitzuarbeiten, indem sie unter anderem nach der strafrechtlichen Verfolgung Rehabilitations- und Wiedereingliederungs- strategien entwickeln und umsetzen.

10. Wir betonen die Bedeutung der Zusammenarbeit zwischen den OSZE-Teilnehmerstaaten bei der Verhütung und Bekämpfung des Terrorismus, wo angebracht auch unter Einbeziehung der Zi- vilgesellschaft. Wir unterstreichen ferner die wichtige Rolle, die die Zivilgesellschaft, insbesondere Jugendliche, Familien, Frauen, Terroropfer und Führungspersönlichkeiten in den Bereichen Reli- gion, Kultur und Bildung, sowie die Medien und der Privatsektor bei der Verhütung von VERLT spielen können, unter anderem durch Vorgehen gegen Botschaften mit terroristischen und ge- walttätig extremistischen Inhalten und durch das Angebot von Alternativen zu diesen Narrativen, etwa auch im Internet und in sozialen und anderen Medien. Wir ermutigen führende Politiker und Persönlichkeiten des öffentlichen Lebens, einschließlich Persönlichkeiten aus der Zivilgesell- schaft und religiöser Führer, unmissverständlich und unverzüglich gegen gewalttätigen Extremis- mus und Radikalisierung, die zu Terrorismus führen, Stellung zu beziehen.

11. Wir nehmen erfreut Kenntnis von der Fortsetzung der Kampagne „Die OSZE – vereint im Kampf gegen gewalttätigen Extremismus“ (#United CVE) und erinnern daran, dass die UN-Generalver- sammlung den vom Generalsekretär der Vereinten Nationen vorgestellten Aktionsplan zur Ver- hütung von gewalttätigem Extremismus zur Kenntnis genommen hat, in dem angeregt wird, dass die Staaten die darin enthaltenen einschlägigen Empfehlungen in Erwägung ziehen, wenn sie ge- gebenenfalls, und wo in ihrem innerstaatlichen Kontext anwendbar, nationale und regionale Ak- tionspläne zur Verhütung von gewalttätigem Extremismus, der Terrorismus fördert, entwickeln.

12. Wir begrüßen die Aktivitäten der Durchführungsorgane der OSZE, einschließlich der OSZE- Institutionen, im Rahmen ihrer bestehenden Mandate und verfügbaren Ressourcen zur Unterstüt- 6 zung der Umsetzung der OSZE-Verpflichtungen im Bereich der Verhütung und Bekämpfung des Terrorismus in Übereinstimmung mit dem umfassenden Sicherheitsansatz der OSZE.

389 6.4.2 Achtung der Menschenrechte und der Rechtsstaatlichkeit bei der Terrorismusbekämpfung

13. Wir laden die OSZE-Kooperationspartner ein, sich dieser Erklärung anzuschließen.

6.4.2 Achtung der Menschenrechte und der Rechtsstaatlichkeit bei der Terrorismusbekämpfung

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Die Teilnehmerstaaten (...) bringen ihre Entschlossenheit zum Ausdruck, wirksame Maßnahmen zur Verhinderung und Bekämpfung terroristischer Handlungen (...) zu ergreifen (...) Sie kommen überein, dies im Einklang mit (...) der Schlußakte von Helsinki zu tun.

Kopenhagen 1990

(6) Die Teilnehmerstaaten (…) erkennen ihre Verantwortung an, in Übereinstimmung mit ihren Gesetzen, ihren internationalen Verpflichtungen bezüglich der Menschenrechte und ihren anderen internationalen Verpflichtungen die durch den Willen des Volkes frei geschaffene demokratische Ordnung gegen Aktivitäten von Personen, Gruppen oder Organisationen zu verteidigen und zu schützen, die sich des Terrorismus oder der Gewalt zum Sturz dieser Ordnung oder der Ordnung eines anderen Teilnehmerstaates bedienen oder auf deren Anwendung nicht verzichten wollen.

Bukarest 2001 (Erklärung des Ministerrats)

3. (…) Wir betonen erneut, dass der Kampf gegen den Terrorismus kein Krieg gegen Religio- nen oder Völker ist. Wir bekräftigen unsere Verpflichtung zum Schutz der Menschenrechte und Grundfreiheiten.

4. Wir sind entschlossen, unter Wahrung von Rechtsstaatlichkeit, persönlicher Freiheit und Gleich- heit vor dem Gesetz unsere Bürger vor neuen Bedrohungen ihrer Sicherheit zu schützen.

Bukarest 2001 (Beschluss Nr. 1/01 über Bekämpfung des Terrorismus)

(…) Die OSZE-Teilnehmerstaaten werden terroristische Bedrohungen nicht hinnehmen sondern mit allen Mitteln nach Maßgabe ihrer völkerrechtlichen Verpflichtungen bekämpfen (…) Sie wer- den unter vollständiger Einhaltung des Völkerrechts und der Menschenrechte die Freiheit ver- teidigen und ihre Bürger vor terroristischen Handlungen schützen. Sie weisen entschieden die Gleichsetzung von Terrorismus mit irgendeiner Nation oder Religion zurück und bekräftigen die Normen, Prinzipien und Werte der OSZE.

Bukarest 2001 (Anhang zu Beschluss 1 über die Bekämpfung des Terrorismus: Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

26. Einschränkung der Bewegungsfreiheit von Terroristen: Die Teilnehmerstaaten: Werden die Bewegung von Terroristen oder terroristischen Gruppen verhindern, indem sie wirksame Grenz- kontrollen durchführen und die Ausstellung von Identitätsdokumenten und Reiseausweisen kontrol- lieren; Sie werden diese Kontrollmaßnahmen unter vollständiger Einhaltung ihrer Verpflichtungen aus dem internationalen Flüchtlingsrecht und den völkerrechtlichen Bestimmungen über die Men- schenrechte anwenden.

390 6.4.2 Achtung der Menschenrechte und der Rechtsstaatlichkeit bei der Terrorismusbekämpfung

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

Die OSZE-Teilnehmerstaaten (…)

6. bekräftigen ihre Verpflichtung, die erforderlichen Maßnahmen zu treffen, um die Menschen- rechte und Grundfreiheiten, insbesondere das Recht auf Leben, jedes Menschen innerhalb ihres Zuständigkeitsbereichs vor terroristischen Handlungen zu schützen;

7. verpflichten sich, wirksame und entschlossene Maßnahmen gegen den Terrorismus zu ergreifen und alle gegen den Terrorismus gerichteten Aktionen und ihre diesbezügliche Zusammenarbeit im Einklang mit der Rechtsstaatlichkeit, der Charta der Vereinten Nationen und den einschlägi- gen Bestimmungen des Völkerrechts, den internationalen Menschenrechtsnormen und gegebe- nenfalls dem humanitären Völkerrecht durchzuführen;

Maastricht 2003 (OSZE-Strategie gegen Bedrohungen der Sicherheit und Stabilität im einundzwanzigsten Jahrhundert)

29. (…) Besondere Aufmerksamkeit wird dem Aufbau von Kapazitäten und anderen Hilfestel- lungen im Bereich der Terrorismusbekämpfung gelten. Die Umsetzung wirksamer Maßnahmen gegen den Terrorismus in vollem Einklang mit der Rechtsstaatlichkeit und dem Völkerrecht, ein- schließlich menschenrechtlicher Bestimmungen, ist eine große Herausforderung, auf die eben- falls einzugehen ist. (…)

Sofia 2004 (Erklärung des Ministerrats von Sofia zur Verhütung und Bekämpfung des Terrorismus)

(…) Wir betonen erneut unsere Entschlossenheit, den Terrorismus in allen seinen Arten und Er- scheinungsformen (…) und diesen Kampf unter Einhaltung der Rechtsstaatlichkeit und im Einklang mit unseren Verpflichtungen nach dem Völkerrecht, insbesondere den internationalen Menschen- rechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht, zu führen.

2. Wir unterstreichen die führende Rolle der Vereinten Nationen im umfassenden Kampf gegen den Terrorismus (…) wir unterstützen die Resolution 2004/87 der Menschenrechtskommission der Vereinten Nationen (…)

Sofia 2004 (Beschluss Nr. 3/04 über Bekämpfung der Nutzung des Internets zu Terroristischen Zwecken) 6 (…) besorgt über das Ausmaß, in dem das Internet von terroristischen Organisationen genutzt wird, (…) Beschließt, dass die Teilnehmerstaaten Informationen über die Nutzung des Internets zu

391 6.4.2 Achtung der Menschenrechte und der Rechtsstaatlichkeit bei der Terrorismusbekämpfung

terroristischen Zwecken austauschen und mögliche Strategien zur Bekämpfung dieser Bedrohung identifizieren werden, wobei gleichzeitig die Einhaltung internationaler Menschenrechtsverpflich- tungen und -normen, auch in Bezug auf das Recht auf Privatsphäre sowie auf Meinungsfreiheit und freie Meinungsäußerung, zu gewährleisten ist;

Brüssel 2006 (Ministererklärung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus) (…)

Wir betonen, dass die Maßnahmen zur Führung dieses Kampfes unter voller Achtung der Rechts- staatlichkeit und im Einklang mit unseren völkerrechtlichen Verpflichtungen, insbesondere den internationalen Menschenrechtsnormen, dem internationalen Flüchtlingsrecht und dem huma- nitären Völkerrecht, unternommen werden müssen. (…)

Madrid 2007 (Beschluss Nr. 5/07 über öffentlich-private Partnerschaften gegen den Terrorismus) (…)

in Bekräftigung der grundlegenden Bedeutung der Achtung aller Menschenrechte und Grund- freiheiten sowie der Rechtsstaatlichkeit und der Einhaltung geltender völkerrechtlicher Verpflich- tungen, insbesondere der internationalen Menschenrechtsnormen, des Flüchtlingsrechts und des humanitären Rechts, auch bei Reaktionen auf den Terrorismus und die Terror-angst, (…)

(…) Diesbezüglich sollten Bemühungen insbesondere Folgendes berücksichtigen:

(…) Förderung von Toleranz, Menschenrechten, Rechtsstaatlichkeit, Demokratie, Good Gover- nance und eines Dialogs zwischen den Kulturen,

Förderung des Bewusstseins in der Öffentlichkeit und der Einbindung der Öffentlich-keit über die Medien und Bildungseinrichtungen bei gleichzeitiger Achtung der kulturellen und religiö- sen Vielfalt,

(…) beschließt:

1. den Generalsekretär und die OSZE-Institutionen zu beauftragen, wo angebracht und von Be- lang, weiterhin die Einbindung des privaten Sektors (Zivilgesellschaft und Wirtschaft) in ihre Ter- rorismusbekämpfungsaktivitäten zu fördern; (…)

Helsinki 2008 (Beschluss Nr. 7/08 über Weitere Stärkung der Rechtstaatlichkeit im OSZE- Raum)

Der Ministerrat, (…)

4. legt den Teilnehmerstaaten nahe, gegebenenfalls mit Unterstützung einschlägiger Durchfüh- rungsorgane der OSZE im Einklang mit deren Mandaten und im Rahmen der vorhandenen

392 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

Ressourcen ihre Bemühungen um Weitergabe von Informationen und nachahmenswerten Prak- tiken fortzusetzen und zu verstärken und die Rechtsstaatlichkeit unter anderem in folgenden Be- reichen zu stärken: (…) • Achtung der Rechtsstaatlichkeit und der Menschenrechte im Kampf gegen den Terrorismus im Einklang mit ihren völkerrechtlichen Verpflichtungen und OSZE Verpflichtungen; (…)

Helsinki 2008 (Beschluss Nr. 10/08 über Weitere Förderung der Terrorismusbekämpfung durch die OSZE)

Der Ministerrat,

Unter erneuter Betonung der Entschlossenheit der OSZE-Teilnehmerstaaten, den Terrorismus in allen seinen Arten und Erscheinungsformen als Verbrechen zu bekämpfen, für das es, was auch immer seine Motivation oder Ursache sein mag, keine Rechtfertigung gibt, und diesen Kampf un- ter Einhaltung der Rechtsstaatlichkeit und im Einklang mit ihren Verpflichtungen nach dem Völ- kerrecht, insbesondere den internationalen Menschenrechtsnormen, dem Flüchtlingsrecht und dem humanitären Völkerrecht, zu führen, (…)

6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

Madrid 1983 (Fragen der Sicherheit in Europa: Prinzipien)

Im Zusammenhang mit der Bekämpfung terroristischer Handlungen werden sie alle geeigneten Maßnahmen ergreifen, um zu verhindern, daß ihr jeweiliges Territorium zur Verbreitung, Or- ganisierung oder Verübung terroristischer Tätigkeiten, einschließlich solcher, die sich gegen an- dere Teilnehmerstaaten und ihre Bürger richten, benutzt wird. Dies schließt auch Maßnahmen ein, um auf ihrem Territorium illegale Tätigkeiten von Personen, Gruppen und Organisationen zu verbieten, welche zur Verübung terroristischer Handlungen anstiften, sie organisieren oder sich daran beteiligen.

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(10) (…) die Teilnehmerstaaten bringen ihre Absicht zum Ausdruck (…) (10.3.) – illegale Aktivitäten von Personen, Gruppen oder Organisationen auf ihrem Territorium zu verhindern, die zur Verübung terroristischer oder subversiver oder anderer, auf den gewaltsa- men Umsturz des Regimes eines anderen Teilnehmerstaates gerichteter Handlungen anstiften, sie organisieren oder sich daran beteiligen;

Istanbul 1999 (Europäische Sicherheitscharta: I. Unsere gemeinsamen Herauforderungen)

4. (…) Wir werden uns verstärkt bemühen zu verhindern, dass in unseren Hoheitsgebieten terroris- 6 tische Handlungen vorbereitet und finanziert werden oder Terroristen Zuflucht gewährt wird (…)

393 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

Bukarest 2001 (Anhang zu Beschluss Nr. 1/01 über die Bekämpfung des Terrorismus: Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

26. Einschränkung der Bewegungsfreiheit von Terroristen: Die Teilnehmerstaaten: werden die Be- wegungsfreiheit einzelner Terroristen und terroristischer Gruppierungen durch wirksame Grenz- kontrollen und die kontrollierte Ausstellung von Ausweisen und Reisedokumenten sowie durch Maßnahmen zur Gewährleistung der Sicherheit von Ausweisen und Reisedokumenten und zur Verhinderung ihrer Nachahmung, Fälschung und missbräuchlichen Verwendung einschränken. Sie werden diese Kontrollmaßnahmen unter vollständiger Einhaltung ihrer Verpflichtungen aus dem internationalen Flüchtlingsrecht und den völkerrechtlichen Bestimmungen über die Men- schenrechte anwenden. Sie werden durch die ordnungsgemäße Anwendung der im Abkommen von 1951 über die Rechtsstellung der Flüchtlinge und in dessen Protokoll von 1967 enthaltenen Ausschlussklauseln gewährleisten, dass Personen, die sich an terroristischen Handlungen beteiligt haben, kein Asyl gewährt wird. Sie werden gemäß ihren Verpflichtungen aus dem Völkerrecht und dem innerstaatlichen Recht dafür sorgen, dass Personen, denen terroristische Handlungen zur Last gelegt werden, unverzüglich festgenommen und strafrechtlich verfolgt oder ausgeliefert werden.

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

Die OSZE-Teilnehmerstaaten, fest entschlossen, sich dem Kampf gegen den Terrorismus anzu- schließen,

8. bekräftigen, dass jeder Staat verpflichtet ist, es zu unterlassen, Terroristen Unterschlupf zu ge- währen, Terroranschläge in einem anderen Staat zu organisieren, zu solchen anzustiften, sie ak- tiv oder passiv zu unterstützen, ihnen Vorschub zu leisten oder auf andere Weise zu begünstigen oder in seinem eigenen Hoheitsgebiet organisierte Aktivitäten zu dulden, die auf die Begehung solcher Handlungen gerichtet sind; (…)

24. anerkennen die Notwendigkeit, im Rahmen ihrer Verpflichtungen aus dem Internationalen Übereinkommen über die Bekämpfung der Finanzierung des Terrorismus und aus den einschlägi- gen Resolutionen des Sicherheitsrats die internationale Zusammenarbeit dahingehend zu ergänzen,

394 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

dass sie alle Maßnahmen ergreifen, die notwendig sind, um die Unterstützung, Finanzierung und Vorbereitung terroristischer Handlungen in ihren Hoheitsgebieten mit allen rechtlich zulässigen Mitteln zu verhüten und zu bekämpfen und die vorsätzliche Bereitstellung oder Sammlung von Geldern für terroristische Zwecke unter Strafe zu stellen; (…)

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

unter Betonung unserer entschlossenen und bedingungslosen Verurteilung des Terrorismus und des gewalttätigen Extremismus sowie unserer tief empfundenen Solidarität mit allen Opfern des Terrorismus,

395 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

ausländische terroristische Kämpfer, die mit ISIL oder anderen terroristischen Gruppen in Ver- bindung stehen,

die Tatsache zur Kenntnis nehmend, dass die Radikalisierung zum Terrorismus und die Anwer- bung durch Terroristen in Gefängnissen stattfinden können, und deshalb die Wichtigkeit beto- nend, gegebenenfalls internationale Leitlinien für die Wiedereingliederung und Rehabilitation bzw. für die Verhütung der Radikalisierung zum Terrorismus in Gefängnissen auszuarbeiten und untereinander auszutauschen,

betonend, dass für die Verhütung und Bekämpfung von Terrorismus und gewalttätigem Extre- mismus in erster Linie die Teilnehmerstaaten verantwortlich sind und sie dabei ihre völkerrecht- lichen Verpflichtungen einzuhalten haben,

Die wichtige Rolle betonend, die Jugendliche, Familien, Frauen, Terroropfer, führende Persön- lichkeiten aus Religion, Kultur und Bildung, die Zivilgesellschaft sowie die Medien spielen kön- nen, wenn es darum geht, von gewalttätigem Extremismus geprägten Darstellungsweisen, die zu terroristischen Handlungen anstiften können, entgegenzutreten, und die Bedingungen zu beseiti- gen, die die Ausbreitung des Terrorismus begünstigen, indem sie sich insbesondere für gegensei- tige Achtung und Verständnis füreinander, für Versöhnung und ein friedliches Zusammenleben der Kulturen einsetzen und die Menschenrechte, Grundfreiheiten, demokratischen Prinzipien und die Rechtsstaatlichkeit fördern und schützen, (…)

fordern die Teilnehmerstaaten auf:

1. Ihre Bemühungen zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Ra- dikalisierung, die zu Terrorismus führen, in ihren Ländern weiter zu verstärken, sich dabei eines multidimensionalen Ansatzes zu bedienen und gegebenenfalls je nach Bedarf von den OSZE- Durchführungsorganen, einschließlich der Feldoperationen im Rahmen ihrer jeweiligen Man- date, Gebrauch zu machen;

2. ihre Bemühungen zur Bekämpfung und Unterbindung der Finanzierung des Terrorismus in An- wendung der einschlägigen Resolutionen des Sicherheitsrats der Vereinten Nationen, (...) und im Einklang mit diesen sowie in Unter-stützung der OSZE-Verpflichtungen weiter zu verstärken, (…);

396 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

3. im Einklang mit ihren Verpflichtungen nach dem Völkerrecht, einschließlich jener betreffend die Menschenrechte und Grundfreiheiten, gegebenenfalls je nach Bedarf Maßnahmen zu verab- schieden, um die Anstiftung zur Begehung einer oder mehrerer terroristischer Handlungen per Gesetz zu verbieten und ein solches Verhalten zu verhindern;

4. Bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zusammenzuarbeiten, unter anderem durch den Aufbau von Kapazitäten, die Koordinierung von Plänen und Bemühungen und den Austausch gesammelter Erfahrungen, etwa bei der Unterbindung von Waffenlieferungen an Terroristen, der Verhütung der Radikalisie- rung zum Terrorismus, der Anwerbung und der Aktivierung von Personen als Terroristen, etwa auch als ausländische terroristische Kämpfer;

5. Gegebenenfalls nationale Strategien und Aktionspläne gegen den Terrorismus zu entwickeln und zu aktualisieren, einschließlich konkreter politischer Richtlinien und Maßnahmen zur Ver- hütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terroris- mus führen, zur Förderung der OSZE-Verpflichtungen und im Einklang mit ihren Verpflichtungen aus dem Völkerrecht, einschließlich der Menschenrechtsnormen;

6. Bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, auf allen Ebenen einen umfassenden Ansatz zu fördern, einschließlich der Koordinierung zwischen nationalen Behörden, der Zusammenarbeit zwischen den Teilnehmerstaa- ten und der Zusammenarbeit mit einschlägigen internationalen und regionalen Organisationen;

7. die Forschung und den Informationsaustausch über die Bedingungen zu fördern, die die Aus- breitung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, be- günstigen, sowie über Möglichkeiten zu ihrer Bekämpfung;

8. Politiker und Personen des öffentlichen Lebens, einschließlich führender Persönlichkeiten aus der Zivilgesellschaft und religiöser Führer, aufzufordern, ihren Beitrag zur Verhütung und Be- kämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu leisten, indem sie nachdrücklich und unverzüglich gegen gewalttätigen Extremismus und Radi- kalisierung, die zu Terrorismus führen, öffentlich Stellung beziehen;

9. Öffentlich-private Partnerschaften gegen den Terrorismus gegebenenfalls weiter zu fördern, sei es zwischen staatlichen Behörden, der Privatwirtschaft, der Zivilgesellschaft, Mitgliedern oder Ver- tretern von Religionsgemeinschaften oder den Medien, unter anderem in Übereinstimmung mit dem Ministerratsbeschluss Nr. 10/08, um gegen die Aufhetzung zum Terrorismus sowie zu gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, vorzugehen;

10. die internationale Zusammenarbeit und öffentlich-private Partnerschaften zu verstärken, mit dem Ziel, praktische Maßnahmen zu entwickeln, durch die verhindert wird, dass das Internet und andere Mittel dazu genutzt werden, zu gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, anzustiften und ausländische terroristische Kämpfer anzuwerben. Eine solche internationale Zusammenarbeit und solche öffentlichprivate Partnerschaften könnten die Kom- munikationsbemühungen, etwa auch über die sozialen Medien, als Gegengewicht zu gewalttätig- extremistischen Textnachrichten unterstützen, wobei die Meinungs- und Redefreiheit im vollen Umfang zu beachten ist; (…) 6

12. Zu einem offenen und transparenten Dialog und zur Zusammenarbeit zwischen Kulturen, Kon- fessionen und Religionen auf sowohl lokaler als auch nationaler, regionaler und internationaler

397 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

Ebene, unter anderem als Beitrag zur Förderung von Toleranz, gegenseitiger Achtung und Ver- ständnis füreinander, zu ermutigen;

13. in ihren Bemühungen zur Bekämpfung des Terrorismus und zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, eine Gender- perspektive zu berücksichtigen, deren Schwerpunkte eine Verstärkung der Rolle der Frauen und die Mitwirkung von Frauen wie Männern an diesen Bemühungen sein sollten;

14. die Jugend in die Bemühungen um die Verhütung und Bekämpfung von gewalttätigem Ex tremismus und Radikalisierung, die zu Terrorismus führen, mit einzubeziehen und verstärkt zur Mitwirkung zu befähigen, wozu unter anderem folgende Maßnahmen infrage kommen: (a) Schaffung günstiger Rahmenbedingungen und von Chancen für die Beteiligung und das frei- willige und ungehinderte Engagement von jungen Menschen im öffentlichen Leben und bei der Förderung der Menschenrechte, Grundfreiheiten,demokratischen Prinzipien, der Rechtsstaatlich- keit, Toleranz, Nichtdiskriminierung, des Dialogs, der gegenseitigen Achtung und des Verständ- nisses füreinander, sowie Erleichterung ihres Zugangs zu sozialen Diensten; (b) Unterstützung von Jugendlichen, die bereit sind, zu solchen Bemühungen beizutragen, durch Schul- und Hochschulbildung; (c) Unterstützung von bewusstseinsbildenden Initiativen durch oder für Jugendliche, unter anderem über das Internet oder die sozialen Medien, als Prävention bzw. zur Verhinderung ihrer Radikali- sierung zum Terrorismus sowie zur Förderung der Achtung der Menschenrechte und Grundfrei- heiten, von Toleranz und Nichtdiskriminierung; (d) Förderung von Programmen, die den Zugang von Jugendlichen zur Beschäftigung erleichtern;

15. die Unterstützung der OSZE-Aktivitäten in allen drei Dimensionen der Sicherheit in Betracht zu ziehen, etwa auch in Form freiwilliger finanzieller Beiträge, die, in Anerkennung der Füh- rungsrolle der Vereinten Nationen, zu den weltweiten Bemühungen zur Verhütung und Bekämp- fung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, beitragen;

17. wir ermutigen die Parlamentarier zur Fortsetzung des Dialogs mit dem Ziel, die für die Be- kämpfung des Terrorismus unerlässlichen Rechtsvorschriften zu verstärken und die Solidarität mit den Opfern von Terrorismus zu fördern, und fordern sie auf, unmissverständlich und unver- züglich gegen Intoleranz, Diskriminierung, Terrorismus und gewalttätigen Extremismus und Ra- dikalisierung, die zu Terrorismus führen, Stellung zu beziehen;

fordern die zuständigen OSZE-Durchführungsorgane auf, im Rahmen ihrer jeweiligen Mandate und verfügbaren Ressourcen:

398 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

18. die Teilnehmerstaaten auf Ersuchen weiterhin bei der Verhütung und Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, zu unterstützen und da- bei einen multidimensionalen Ansatz zu verfolgen, gegebenenfalls auch in Bezug auf Jugendliche;

19. Den Austausch praktischer Erfahrungen und bewährter Praktiken zu erleichtern und gegebe- nenfalls auf Ersuchen Hilfestellung zu leisten, indem sie unter anderem: (a) die Forschung und den Informationsaustausch über die Bedingungen, die gewalttätigem Ex tremismus und Radikalisierung, die zu Terrorismus führen, Vorschub leisten, sowie über Möglich keiten, dagegen vorzugehen, fördern; (b) Gegebenenfalls nationale Strategien und Aktionspläne zur Bekämpfung des Terrorismus ent- wickeln, einschließlich politischer Konzepte und Maßnahmen zur Bekämpfung von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen; (c) In die Bemühungen zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Ra- dikalisierung, die zu Terrorismus führen, eine Genderperspektive einbauen, deren Schwerpunkte insbesondere eine Verstärkung der Rolle der Frauen und die Mitwirkung von Frauen wie Män- nern an diesen Bemühungen sein sollten; (d) den Teilnehmerstaaten bei der Entwicklung praktischer Aktivitäten helfen, gegebenenfalls in Partnerschaft mit der Zivilgesellschaft und der Privatwirtschaft, und sie bei der Ausarbeitung von politischen Konzepten, Ansätzen und Strategien zur Verhütung und Bekämpfung von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen, unterstützen; (e) gegebenenfalls den gegenseitigen Austausch vorbildlicher Verfahren fördern und Möglichkei- ten prüfen, internationale Richtlinien für die Rehabilitation und Wiedereingliederung und die Verhütung terroristischer Radikalisierung in Gefängnissen auszuarbeiten; (f) zur Verhütung von Terrorismus und Bekämpfung von gewalttätigem Extremismus und Radi- kalisierung, die zu Terrorismus führen, Konzepte der bürgernahen Polizeiarbeit umsetzen; (g) zur Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, die Zusammenarbeit zwischen Experten von staatlichen Dienststellen, aus der Zivilgesellschaft, wissenschaftlichen Einrichtungen, den Medien und dem Privatsektor fördern; (h) die Rolle der Zivilgesellschaft, der Frauen, der Jugend und religiöser Führer bei der Verhü- tung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, stärken; (i) im Zuge der Maßnahmen zur Verhütung des Terrorismus und zur Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, die Menschenrechte und Grundfreiheiten sowie die Rechtsstaatlichkeit fördern und schützen; (j) Sich im Zusammenhang mit der Verhütung des Terrorismus und der Bekämpfung von gewalt- tätigem Extremismus und Radikalisierung, die zu Terrorismus führen, mit negativen sozioöko- nomischen Faktoren auseinandersetzen; (k) Als festen Bestandteil der Bemühungen um die Verhütung und Bekämpfung von gewalttäti- gem Extremismus und Radikalisierung, die zu Terrorismus führen, zu Bildungsinitiativen und anderen Maßnahmen zur Förderung von Toleranz, Nichtdiskriminierung und Gewaltfreiheit er- mutigen und das öffentliche Bewusstsein für fremdenfeindliche Klischees, Intoleranz und Diskri- minierung stärken und gegen diese vorgehen; (l) Die Rolle der Medien als Impulsgeber für eine pluralistische Debatte anerkennen und sie zu 6 professionellem Verhalten und freiwilliger Selbstkontrolle ermutigen, mit dem Ziel, Toleranz für ethnische, religiöse, sprachliche und kulturelle Vielfalt zu fördern und gewalttätigen Extremismus

399 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

und Radikalisierung, die zu Terrorismus führen, unter gleichzeitiger Beachtung der Unabhängig- keit und Freiheit der Medien zu verhüten und zu bekämpfen;

20. Mit den Vereinten Nationen und anderen maßgeblichen internationalen und regionalen Or- ganisationen und Initiativen zusammenzuarbeiten, um bei der Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, Doppelarbeit zu ver- meiden und größtmögliche Synergien zu erzielen;

21. Die Kooperationspartner entsprechend den von ihnen aufgezeigten Bedürfnissen und Priori- täten (…) zu unterstützen;

22. wir beauftragen die Feldoperationen, dem Ständigen Rat bis 26. Mai 2016 auf dem Wege des Sekretariats über ihre vergangenen, gegenwärtigen und möglichen Aktivitäten entsprechend ihrem jeweiligen Mandat zu berichten, die speziell dem Zweck dienen, die Bemühungen in ihrem jewei- ligen Gastland im Kampf gegen gewalttätigen Extremismus und Radikalisierung, die zu Terroris- mus führen, unter Verfolgung eines multidimensionalen Ansatzes zu unterstützen.

Hamburg 2016 (Beschluss Nr. 6/16 über Verstärkte Verwendung vorab übermittelter Fluggastdaten) (…)

erneut auf die Notwendigkeit verweisend, Terrorismus zu bekämpfen, der im Sinne der Charta der Vereinten Nationen und des Völkerrechts, einschließlich der anzuwendenden internationalen Menschenrechtsnormen, des internationalen Flüchtlingsrechts und des humanitären Völkerrechts, eine der schwersten Bedrohungen des Weltfriedens und der internationalen Sicherheit darstellt,

unter Hinweis auf die Verpflichtung aus Resolution 2178 (2014) des UN-Sicherheitsrats, Bewegungen von Terroristen oder terroristischen Gruppen im Einklang mit dem anzuwendend Völkerrecht un- ter anderem durch wirksame Grenzkontrollen zu verhindern und im Einklang mit dem innerstaat- lichen Recht und dem Völkerrecht den Austausch operativer Informationen über die Handlungen oder Bewegungen von Terroristen oder terroristischen Netzwerken, einschließlich ausländischer terroristischer Kämpfer, insbesondere mit den Staaten ihrer Ansässigkeit oder Staatsangehörigkeit über bilaterale oder multilaterale Mechanismen zu intensivieren und zu beschleunigen, (…)

unsere Absicht erklärend, Bewegungen ausländischer terroristischer Kämpfer zu erkennen und zu verhindern, in voller Übereinstimmung mit den Resolutionen 2178 (2014) und 2309 (2016), in denen alle Staaten aufgefordert werden, „von den in ihrem Hoheitsgebiet tätigen Fluggesellschaf- ten zu verlangen, den zuständigen nationalen Behörden vorab Fluggastinformationen zu übermit- teln, um festzustellen, ob Personen, eingesetzten Ausschuss benannt worden sind, an Bord von zivilen Luftfahrzeugen aus ihrem Hoheitsgebiet ausreisen oder versuchen, in oder durch ihr Ho- heitsgebiet zu reisen, (…) (…)

beschließen, dass sich die OSZE-Teilnehmerstaaten zu Folgendem verpflichten:

1. Einrichtung nationaler Systeme zur Vorab-Übermittlung von Fluggastdaten (advance passen- ger information – API) in Übereinstimmung mit den Bestimmungen von Anhang 9 zum ICAO- Abkommen über die Internationale Zivilluftfahrt (Abkommen von Chicago) und ausgerichtet an den Richtlinien der Weltzollorganisation (WZO), der Internationalen Flug-Transportvereinigung

400 6.4.3 Prävention terrorismusbezogener Aktivitäten im Hoheitsgebiet der Teilnehmerstaaten

(IATA) und der Internationalen Zivilluftfahrtorganisation (ICAO) über vorab übermittelte Flug- gastdaten (API), einschließlich jener die Privatsphäre und den Daten-schutz betreffend, zwecks wirksamer Abfrage von Fluggast- bzw. Besatzungsdaten bei in ihrem Hoheitsgebiet tätigen Flug- gesellschaften;

2. gegebenenfalls Schaffung auf nationaler Ebene eines interaktiven Systems zum Austausch von API-Daten (iAPI), um Bewegungen von ausländischen terroristischen Kämpfern im Sinne der Re- solutionen 2178 (2014) und 2309 (2016) des UN-Sicherheitsrats zu verhindern;

3. Einhaltung des ICAO-Dokuments 9082 „ICAO’s Policies on Charges for Airports and Air Na- vigation Services“ im Zusammenhang mit der Einrichtung eines API-Systems, wobei festzuhal- ten ist, dass die Staaten für die Durchsetzung angemessener Sicherheitsmaßnahmen auf Flughäfen selbst verantwortlich sind;

4. Zusammenarbeit mit allen infrage kommenden nationalen Akteuren bei der Implementierung von API-Systemen auf nationaler Ebene und gegebenenfalls Einrichtung einer Behörde, die für alle anderen Behörden alle Arten von Fluggastdaten durch eine einzige Dateneingabestelle ent- gegennimmt;

5. Erhöhung des Mehrwerts der API-Daten, indem versucht wird, diese Daten automatisch mit einschlägigen nationalen, regionalen und internationalen Fahndungslisten abzugleichen, insbe- sondere mit Interpol-Datenbanken und UN-Sanktionslisten;

6. Unterstützung anderer Teilnehmerstaaten bei der Einrichtung von API-Systemen auf deren Er- suchen;

wir beauftragen die OSZE-Durchführungsorgane, im Rahmen ihrer Mandate und verfügbaren Ressourcen:

7. die weltweiten Bemühungen zu unterstützen und zu diesem Zweck auf die in den Resolutionen 2178 (2014) und 2309 (2016) des UN-Sicherheitsrats geforderten Maßnahmen betreffend vorab übermittelte Fluggastdaten aufmerksam zu machen, den Bedarf an technischer Hilfestellung, um die Teilnehmerstaaten ersuchen, festzustellen und mögliche Geber für die Hilfestellung beim Auf- bau von Kapazitäten zu ermitteln;

8. ersuchende Teilnehmerstaaten in Zusammenarbeit mit einschlägig tätigen internationalen und regionalen Organisationen bei der Einrichtung von API-Systemen zu unterstützen.

Hamburg 2016 (Erklärung über die Verstärkung der OSZE-Bemühungen zur Verhütung und Bekämpfung des Terrorismus) (…)

9. Wir betonen die außerordentliche Bedeutung des Informationsaustauschs, vor allem in Bezug auf ausländische terroristische Kämpfer, gestohlene und verlorene Reisedokumente, Schusswaffen und geplünderte oder gestohlene Kulturgüter wie Antiquitäten, und ermutigen alle Staaten, von verfügbaren multilateralen und bilateralen Mechanismen und Datenaustauschsystemen in vollem Umfang Gebrauch zu machen. 6 10. Wir betonen die Bedeutung der Zusammenarbeit zwischen den OSZE-Teilnehmerstaaten bei der Verhütung und Bekämpfung des Terrorismus, wo angebracht auch unter Einbeziehung der Zi- vilgesellschaft. Wir unterstreichen ferner die wichtige Rolle, die die Zivilgesellschaft, insbesondere

401 6.4.4 Auslieferung und strafrechtliche Verfolgung von Personen, die in Terrorakte verwickelt sind

Jugendliche, Familien, Frauen, Terroropfer und Führungspersönlichkeiten in den Bereichen Reli- gion, Kultur und Bildung, sowie die Medien und der Privatsektor bei der Verhütung von VERLT spielen können, unter anderem durch Vorgehen gegen Botschaften mit terroristischen und ge- walttätig extremistischen Inhalten und durch das Angebot von Alternativen zu diesen Narrativen, etwa auch im Internet und in sozialen und anderen Medien. Wir ermutigen führende Politiker und Persönlichkeiten des öffentlichen Lebens, einschließlich Persönlichkeiten aus der Zivilgesell- schaft und religiöser Führer, unmissverständlich und unverzüglich gegen gewalttätigen Extremis- mus und Radikalisierung, die zu Terrorismus führen, Stellung zu beziehen.

6.4.4 Auslieferung und strafrechtliche Verfolgung von Personen, die in Terrorakte verwickelt sind

Wien 1989 (Fragen der Sicherheit in Europa: Prinzipien)

(10) (…) die Teilnehmerstaaten bringen ihre Absicht zum Ausdruck (…)

(10.5) die Auslieferung oder gerichtliche Verfolgung von Personen, die sich an terroristischen Handlungen beteiligen, zu gewährleisten und in Fällen von Zuständigkeitskonflikten, von denen mehrere Staaten betroffen sind, eng zusammenzuarbeiten, wobei sie in beiderlei Hinsicht entspre- chend den einschlägigen internationalen Übereinkommen vorgehen;

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

6. Die Teilnehmerstaaten (…) werden insbesondere Schritte unternehmen, um den Anforderun- gen aus internationalen Übereinkommen gerecht zu werden, denen zufolge Terroristen von ihnen verfolgt oder ausgeliefert werden müssen.

Bukarest 2001 (Anhang zu Beschluss Nr. 1/01 über die Bekämpfung des Terrorismus: Bukarester Aktionsplan zur Bekämpfung des Terrorismus)

19. Unterstützung der Strafverfolgung und Kampf gegen die organisierte Kriminalität: Die Teil- nehmerstaaten (…) werden einander nach Maßgabe ihres innerstaatlichen Rechts und ihrer völ- kerrechtlichen Verpflichtungen bei der Beschaffung von Informationen im Zusammenhang mit strafrechtlichen Untersuchungen oder strafrechtlichen Auslieferungsverfahren in Bezug auf ter- roristische Handlungen in größtmöglichem Ausmaß unterstützen.

Porto 2002 (Charta zur Verhütung und Bekämpfung des Terrorismus)

Die OSZE-Teilnehmerstaaten, fest entschlossen, sich dem Kampf gegen den Terrorismus anzu- schließen, (…)

10. Werden im Einklang mit einschlägigen Bestimmungen des innerstaatlichen Rechts und des Völkerrechts (...) geeignete Schritte unternehmen, um sicherzustellen, dass keiner Person, die ter- roristische Handlungen geplant, erleichtert oder an solchen teilgenommen hat, Asyl gewährt wird; (…)

18. sichern zu, dass sie ihre Verpflichtungen aus den Übereinkommen und Protokollen der Vereinten Nationen und den Resolutionen des Sicherheitsrats sowie andere völkerrechtliche Verpflichtungen

402 6.4.4 Auslieferung und strafrechtliche Verfolgung von Personen, die in Terrorakte verwickelt sind

erfüllen werden, denen zufolge sie zu gewährleisten haben, dass terroristische Handlungen sowie Aktivitäten, die diese unterstützen, einschließlich der Finanzierung des Terrorismus, nach inner- staatlichem Recht als schwere Straftaten gelten;

Laibach 2005(Beschluss 4/05 über Verstärkung der rechtlichen Zusammenarbeit in Strafsachen zur Terrorismusbekämpfung)

Der Ministerrat,

entschlossen, die Aktivitäten der OSZE zur Terrorismusbekämpfung im Einklang mit dem Völ- kerrecht und den bestehenden OSZE-Verpflichtungen zu verstärken,

unter Hinweis auf die Resolutionen 1373 (2001), 1566 (2004) und 1624 (2005) des Sicherheitsrats des Vereinten Nationen, in denen alle Staaten aufgefordert werden, so bald wie möglich Vertrags- partei der einschlägigen internationalen Übereinkommen und Protokolle betreffend den Terro- rismus zu werden und im Kampf gegen den Terrorismus uneingeschränkt zusammenzuarbeiten, sowie auf die einschlägigen OSZE-Verpflichtungen zur Terrorismusbekämpfung,

ferner unter Hinweis auf Resolution 1631 (2005) des Sicherheitsrats der Vereinten Nationen, ins- besondere auf die darin enthaltene nachdrückliche Aufforderung an alle „regionalen und subregi- onalen Organisationen, die Wirksamkeit ihrer Anstrengungen zur Bekämpfung des Terrorismus im Rahmen ihrer jeweiligen Mandate zu erhöhen, namentlich im Hinblick auf den Ausbau ihrer Fähigkeiten zur Unterstützung der Mitgliedsstaaten bei deren Anstrengungen, gegen die von ter- roristischen Handlungen ausgehenden Bedrohungen des Weltfriedens und der internationalen Sicherheit vorzugehen“,

die in den Vereinten Nationen laufenden Bemühungen um die zügige Fertigstellung des Entwurfs für ein umfassendes Übereinkommen gegen Terrorismus begrüßend,

in der Erkenntnis, dass die oben genannten Übereinkommen und Protokolle universelle Rechts- regeln gegen den Terrorismus darstellen und, mangels bilateraler Verträge über Rechtshilfe und Auslieferung, gemeinsam mit dem Übereinkommen der Vereinten Nationen gegen die grenzüber- schreitende organisierte Kriminalität (Übereinkommen von Palermo) die Grundlage für eine recht- liche Zusammenarbeit bilden könnten, (…)

Beschließt, dass die Teilnehmerstaaten aktiv und uneingeschränkt und im Einklang mit den gel- tenden innerstaatlichen und völkerrechtlichen Bestimmungen sich gemeinsam darum bemühen sollten, die Täter, Organisatoren, Unterstützer und Sponsoren terroristischer Handlungen entspre- chend dem Grundsatz „entweder ausliefern oder strafrechtlich verfolgen“, vor Gericht zu bringen (…) 6 beauftragt den Generalsekretär, für Teilnehmerstaaten auf Ersuchen in enger Zusammenarbeit mit UNODC nationale Ausbildungsseminare für Staatsanwälte und Beamte der Rechtsprechung

403 6.4.4 Auslieferung und strafrechtliche Verfolgung von Personen, die in Terrorakte verwickelt sind

zu Fragen der Auslieferung und der Rechtshilfe in Strafsachen, insbesondere im Zusammenhang mit Terrorismus, zu organisieren.

Brüssel 2006 (Ministererklärung von Brüssel über die Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus) (…)

Madrid 2007 (Ministererklärung über die Unterstützung der weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus) (…)

13. Die Teilnehmerstaaten werden im Einklang mit ihren völkerrechtlichen Verpflichtungen im Kampf gegen den Terrorismus uneingeschränkt zusammenarbeiten, um alle Personen, die die Fi- nanzierung, Planung, Vorbereitung oder Verübung terroristischer Handlungen unterstützen, er- leichtern, daran teilnehmen oder daran teilzunehmen versuchen oder die den Tätern Unterschlupf gewähren, auszuforschen, ihnen einen sicheren Zufluchtsort zu verweigern und sie vor Gericht zu stellen. Die Teilnehmerstaaten werden geeignete Maßnahmen in Übereinstimmung mit den ein- schlägigen Bestimmungen des nationalen und internationalen Rechts ergreifen, einschließlich der internationalen Menschenrechtsnormen, bevor sie einer Person Flüchtlingsstatus zuerken- nen, um sich zu vergewissern, dass der Asylsuchende keine terroristischen Handlungen geplant oder erleichtert oder sich daran beteiligt hat. Sie werden im Einklang mit dem Völkerrecht sicher- stellen, dass der Flüchtlingsstatus nicht von Personen missbraucht wird, die terroristische Hand- lungen begehen, organisieren oder erleichtern, und dass angebliche politische Beweggründe nicht als Grund anerkannt werden, Anträge auf die Auslieferung mutmaßlicher Terroristen abzuweisen; (…)

Athen 2009(Beschluss Nr. 3/09 über Weitere Massnahmen zur Unterstützung und Förderung des völkerrechtlichen Rahmens für die Bekämpfung des Terrorismus)

Der Ministerrat, (…)

404 6.4.5 Bekämpfung der Nutzung des Internets zu terroristischen Zwecken

ferner anerkennend, dass OSZE-Teilnehmerstaaten bei ihren diesbezüglichen Bemühungen gege- benenfalls technische Unterstützung benötigen, (…)

Hamburg 2016 (Erklärung über die Verstärkung der OSZE-Bemühungen zur Verhütung und Bekämpfung des Terrorismus) (…)

6.4.5 Bekämpfung der Nutzung des Internets zu terroristischen Zwecken

Sofia 2004 (Beschluss Nr. 3/04 über Bekämpfung der Nutzung des Internets zu Terroristischen Zwecken)

Der Ministerrat,

(…) besorgt über das Ausmaß, in dem das Internet von terroristischen Organisationen genutzt wird, um: • potenzielle Mitglieder ausfindig zu machen und anzuwerben, • Geldmittel zu sammeln und zu überweisen, • terroristische Anschläge zu organisieren und • insbesondere durch den Einsatz von Propaganda zu Akten des Terrorismus aufzurufen,

Beschließt, dass die Teilnehmerstaaten Informationen über die Nutzung des Internets zu terroris- tischen Zwecken austauschen und mögliche Strategien zur Bekämpfung dieser Bedrohung iden- tifizieren werden, (…)

Brüssel 2006 (Beschluss Nr. 7/06 über Bekämpfung der Nutzung des Internets zu Terroristischen Zwecken)

Der Ministerrat, (…)

Weiterhin zutiefst besorgt über das zunehmende Ausmaß, in dem das Internet, (…), zu terroris- 6 tischen Zwecken genutzt wird,

405 6.4.5 Bekämpfung der Nutzung des Internets zu terroristischen Zwecken

In diesem Zusammenhang die Bedeutung der vollen Achtung des für die Demokratie unerlässli- chen und durch das Internet sogar gestärkten Rechts auf Meinungsfreiheit und freie Meinungsäu- ßerung, das auch die Freiheit umfasst, Informationen zu suchen, zu erhalten und weiterzugeben (…), sowie der Rechtsstaatlichkeit bekräftigend,

in der Erkenntnis, dass die Staaten in Resolution 1624 (2005) des Sicherheitsrats der Vereinten Na- tionen aufgefordert werden, die notwendigen und geeigneten Maßnahmen im Einklang mit ihren Verpflichtungen nach dem Völkerrecht zu ergreifen und die Anstiftung zur Begehung einer ter- roristischen Handlung oder terroristischer Handlungen gesetzlich zu verbieten und ein solches Verhalten zu verhindern,

in Bekräftigung unserer Verpflichtungen gemäß der Weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus, insbesondere „die Bemühungen zur Bekämpfung aller Arten und Erscheinungsformen des Terrorismus im Internet auf internationaler und regionaler Ebene zu ko- ordinieren“ und „das Internet als ein Werkzeug zur Bekämpfung der Verbreitung von Terrorismus zu nutzen, wobei anerkannt wird, dass Staaten in dieser Hinsicht gegebenenfalls Hilfe benötigen“, (…)

Unter Hinweis auf das Übereinkommen des Europarats über Computerkriminalität (2001), die einzige rechtsverbindliche multilaterale Übereinkunft, die sich konkret mit Computerkriminalität befasst und unter anderem einen gemeinsamen rechtlichen Rahmen für die internationale Zusam- menarbeit zwischen den Vertragsstaaten dieses Übereinkommens im Kampf gegen die Compu- terkriminalität schafft, sowie auf dessen Zusatzprotokoll betreffend die Kriminalisierung mittels Computersystemen begangener Handlungen rassistischer und fremdenfeindlicher Art,

in Anerkennung der vom G-8-Gipfel (St. Petersburg, Russische Föderation, 16. Juli 2006) eingegan- genen Verpflichtung, Versuche des Missbrauchs des virtuellen Raums für terroristische Zwecke, einschließlich der Anstiftung zur Begehung terroristischer Handlungen, zur Planung terroristi- scher Handlungen und Weitergabe einschlägiger Informationen, sowie die Anwerbung und Aus- bildung von Terroristen wirksam zu bekämpfen, und insbesondere Kenntnis nehmend von der Rolle der G-8 in Bezug auf das 24/7-Netzwerk gegen Computerkriminalität zur Bekämpfung von kriminellen Handlungen im virtuellen Raum, (…)

unter Berücksichtigung der unterschiedlichen nationalen Ansätze bei der Definition von „illega- lem“ und „anstößigem“ Inhalt sowie der unterschiedlichen Methoden im Umgang mit illegalem und anstößigem Inhalt im virtuellen Raum, wie etwa der möglichen Nutzung von Informationen aus dem Internetverkehr und -inhalt zur Schließung der Websites terroristischer Organisationen und ihrer Unterstützer,

In Sorge angesichts fortgesetzter Hacker-Angriffe, die zwar nicht terrorismusbezogen sind, jedoch vorhandenes Fachwissen in dem Bereich zeigen, das virtuelle terroristische Angriffe gegen Com- putersysteme möglich erscheinen lässt, durch die die Arbeit lebenswichtiger Infrastrukturen, fi- nanzieller Institutionen oder anderer wichtiger Netzwerke beeinträchtigt werden kann,

1. beschließt, die Tätigkeit der OSZE und ihrer Teilnehmerstaaten zu verstärken, insbesondere durch die Intensivierung der internationalen Zusammenarbeit im Kampf gegen die Nutzung des Internets für terroristische Zwecke;

406 6.4.5 Bekämpfung der Nutzung des Internets zu terroristischen Zwecken

2. fordert die Teilnehmerstaaten auf, alle geeigneten Maßnahmen zum Schutz besonders wichti- ger Informationsinfrastrukturen und -netzwerke vor der Bedrohung durch Angriffe aus dem vir- tuellen Raum zu ergreifen;

3. fordert die Teilnehmerstaaten auf, den Beitritt zu bestehenden internationalen und regiona- len Rechtsakten, einschließlich der Übereinkommen des Europarats über Computerkriminalität (2001) bzw. über die Verhütung des Terrorismus (2005), zu erwägen und ihre Verpflichtungen aus diesen Dokumenten umzusetzen;

4. ermutigt die Teilnehmerstaaten, sich dem 24/7-Netzwerk gegen Computerkriminalität der G-8 anzuschließen und geeignete Kontaktstellen/Kontaktpersonen für dieses Netzwerk zu benennen, um die internationale Zusammenarbeit im Bereich der Strafverfolgung im Kampf gegen den ver- brecherischen Missbrauch des virtuellen Raums und bei Straftaten, für die elektronische Beweis- mittel vorliegen, gegebenenfalls zu straffen;

5. fordert die Teilnehmerstaaten auf, wenn sie ersucht werden, sich mit Inhalten auseinanderzuset- zen, die nach ihren innerstaatlichen Rechtsvorschriften unrechtmäßig sind und ihrer Gerichtsbar- keit unterstehen, alle geeigneten Maßnahmen gegen solche Inhalte zu ergreifen und mit anderen interessierten Staaten im Einklang mit ihren innerstaatlichen Rechtsvorschriften und der Rechts- staatlichkeit sowie im Sinne ihrer völkerrechtlichen Verpflichtungen, einschließlich internationa- ler Menschenrechtsnormen, zusammenzuarbeiten;

6. ersucht die Teilnehmerstaaten, ihre Überwachung von Websites terroristischer bzw. gewalttäti- ger extremistischer Organisationen und von deren Unterstützern zu verstärken und ihren Infor- mationsaustausch in der OSZE und in anderen einschlägigen Foren über die Nutzung des Internets für terroristische Zwecke und über Maßnahmen zu deren Bekämpfung im Einklang mit ihren je- weiligen innerstaatlichen Rechtsvorschriften zu verstärken und gleichzeitig dafür zu sorgen, dass internationale menschenrechtliche Verpflichtungen und Standards, einschließlich jener in Bezug auf das Recht auf Privatsphäre, Meinungsfreiheit und freie Meinungsäußerung, sowie die Rechts- staatlichkeit geachtet werden. Doppelgleisig- keiten mit laufenden Aktivitäten in anderen inter- nationalen Foren sollten vermieden werden;

7. empfiehlt den Teilnehmerstaaten, die Möglichkeit einer aktiveren Einbeziehung zivilgesellschaft- licher Einrichtungen und des Privatsektors in die Verhütung und Bekämpfung der Nutzung des Internets für terroristische Zwecke zu prüfen; (…)

9. beauftragt den Generalsekretär, den Informationsaustausch über die Bedrohung durch die Nutzung des Internets für terroristische Zwecke, einschließlich der Anstiftung, Anwerbung, Mit- telbeschaffung, Ausbildung, Ausrichtung und Planung terroristischer Handlungen, sowie über ge- setzgeberische und andere Maßnahmen zur Abwendung dieser Bedrohung insbesondere über das OSZE-Antiterrornetzwerk zu fördern.

Madrid 2007 (Ministererklärung über die Unterstützung der weltweiten Strategie der Vereinten Nationen zur Bekämpfung des Terrorismus) (…) 6 14. Die OSZE-Teilnehmerstaaten werden angesichts ihrer großen Sorge über die Nutzung des In- ternets für terroristische Zwecke den Informationsaustausch über diese Bedrohung fortsetzen und

407 6.5 Umgang mit den Risiken des Missbrauchs von Informations- und Kommunikationstechnologien (IKT)

andere Maßnahmen im Einklang mit dem Ministerratsbeschluss Nr. 7/06 über die Bekämpfung der Nutzung des Internets zu terroristischen Zwecken treffen; (…)

Belgrad 2015 (Ministererklärung über die Verhütung und Bekämpfung von gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen) (…)

10. Die internationale Zusammenarbeit und öffentlich-private Partnerschaften zu verstärken, mit dem Ziel, praktische Maßnahmen zu entwickeln, durch die verhindert wird, dass das Internet und andere Mittel dazu genutzt werden, zu gewalttätigem Extremismus und Radikalisierung, die zu Terrorismus führen, anzustiften und ausländische terroristische Kämpfer anzuwerben. Eine solche internationale Zusammenarbeit und solche öffentlichprivate Partnerschaften könnten die Kom- munikationsbemühungen, etwa auch über die sozialen Medien, als Gegengewicht zu gewalttätig- extremistischen Textnachrichten unterstützen, wobei die Meinungs- und Redefreiheit im vollen Umfang zu beachten ist;

6.5 Umgang mit den Risiken des Missbrauchs von Informations- und Kommunikationstechnologien (IKT)

Hamburg 2016 (Beschluss Nr. 5/16 über OSZE-Bemühungen im Zusammenhang mit der Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben) (…)

Der Ministerrat (…),

Bekräftigend, dass die Bemühungen der OSZE-Teilnehmerstaaten zur Verminderung der Konflikt- risiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, im Einklang mit dem Völkerrecht einschließlich unter anderem der UN-Charta und des Interna- tionalen Pakts über bürgerliche und politische Rechte, mit der Schlussakte von Helsinki und ihren Verpflichtungen zur Achtung der Menschenrechte und Grundfreiheiten erfolgen, (…)

9. begrüßt die vom deutschen OSZE-Vorsitz 2016 geleistete Arbeit, die ermitteln sollte, wie sich die Bemühungen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, wirksamer gestalten und intensivie- ren lassen, um – im Einklang mit den einschlägigen OSZE-Verpflichtungen – ein offenes, sicheres, stabiles, zugängliches und friedliches Umfeld für Informations- und Kommunikationstechnolo- gien zu fördern; (…)

10. unterstreicht, dass weitere OSZE-Aktivitäten zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, einschließlich jener von maßgeblichen OSZE-Durchführungsorganen, auf bestehenden OSZE-Bemühungen aufbauen, die mit den jeweiligen Mandaten und OSZE-Verpflichtungen im Einklang sind, Bemühungen der

408 6.5 Umgang mit den Risiken des Missbrauchs von Informations- und Kommunikationstechnologien (IKT)

Vereinten Nationen, internationaler und anderer regionaler Gremien ergänzen und nach Maßgabe der vorhandenen Ressourcen organisiert werden sollten;

Wien 2017 (Beschluss Nr. 5/17 über Verstärkung der Bemühungen der OSZE zur Vermimderung der Konfliktsrisken, die -sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben)

Der Ministerrat (…),

Im Hinblick auf die enormen Chancen, die Informations- und Kommunikationstechnologien für die soziale und wirtschaftliche Entwicklung bieten, und darauf, dass sie für die internationale Ge- meinschaft immer wichtiger werden,

in der Erkenntnis, dass ein offenes, sicheres, stabiles, zugängliches und friedliches Umfeld für Infor- mations- und Kommunikationstechnologien für die die OSZE-Teilnehmerstaaten von Nutzen ist,

Bekräftigend, dass die Bemühungen der OSZE-Teilnehmerstaaten zur Verminderung der Kon- fliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien erge- ben, im Einklang mit dem Völkerrecht,

einschließlich unter anderem der UN-Charta und des Internationalen Pakts über bürgerliche und politische Rechte, mit der Schlussakte von Helsinki und ihren Verpflichtungen zur Achtung der Menschenrechte und Grundfreiheiten erfolgen,

Mit dem Ausdruck der Besorgnis über das Zunehmen bedeutender Zwischenfälle, bei denen In- formations- und Kommunikationstechnologien in böswilliger Absicht eingesetzt wurden, und be- tonend, dass diese negativen Entwicklungen Sicherheitsrisiken für alle OSZETeilnehmerstaaten und ihre Bürger sowie für den öffentlichen und privaten Sektor darstellen, (…),

in der Erkenntnis, dass es notwendig ist, die Bemühungen der OSZE weiter zu verstärken, um auch in Zukunft Vertrauen aufzubauen und die Konfliktrisiken, die sich aus dem Einsatz von Informa- tions- und Kommunikationstechnologien ergeben, zu vermindern,

beschließt:

1. alle Beschlüsse zu vertrauensbildenden Maßnahmen, die von der OSZE verabschiedet wurden, weiterhin umzusetzen, um die Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnologien ergeben, zu vermindern, um zu einem offenen, sicheren, stabilen, zugänglichen und friedlichen Umfeld für Informations- und Kommunikationstechnologien im Einklang mit den OSZE-Verpflichtungen beizutragen;

2. Wege zur Stärkung und Optimierung der Arbeit der OSZE als einer praktischen Plattform für die Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommu- nikationstechnologien ergeben, zu ermitteln und zugleich die Arbeit der nach Beschluss Nr. 1039 des Ständigen Rates eingerichteten, dimensionenübergreifenden informellen Arbeitsgruppe fort- zusetzen;

3. den OSZE-Durchführungsorganen nahezulegen, im Rahmen ihres Mandats und verfügbarer 6 Ressourcen, den Teilnehmerstaaten auf deren Ersuchen bei der Umsetzung der vertrauensbilden- den Maßnahmen der OSZE zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von

409 6.5 Umgang mit den Risiken des Missbrauchs von Informations- und Kommunikationstechnologien (IKT)

Informations- und Kommunikationstechnologien ergeben, behilflich zu sein und die zweckdien- lichen nationalen Fähigkeiten und Prozesse zu verstärken;

4. Die OSZE-Kooperationspartner einzuladen, den Dialog über Bemühungen zur Verminderung der Konfliktrisiken, die sich aus dem Einsatz von Informations- und Kommunikationstechnolo- gien ergeben, zu intensivieren.

Mailand 2018 (Beschluss Nr. 4/18 über Verhütung und Bekämpfung von Gewalt gegen Frauen) (…)

fordert die Teilnehmerstaaten auf: (…)

5. Maßnahmen gegen Gewalt, Missbrauch, Drohungen und Belästigung, auch durch digitale Tech- nologien, die gegen Frauen gerichtet sind, zu treffen;

410 7. Verpflichtungen in Bezug auf das humanitäre Völkerrecht Verpflichtungen in Bezug auf das humanitäre Völkerrecht

Helsinki 1992 (Beschlüsse: VI. Die menschliche Dimension)

Die Teilnehmerstaaten

(47) erinnern daran, daß das humanitäre Völkerrecht auf der dem Menschen innewohnenden Würde beruht;

(48) werden unter allen Umständen das humanitäre Völkerrecht achten und seine Achtung si- chern, einschließlich des Schutzes der Zivilbevölkerung;

(49) erinnern daran, daß diejenigen, die das humanitäre Völkerrecht verletzen, persönlich zur Re- chenschaft gezogen werden;

(50) anerkennen die wesentliche Rolle des Internationalen Komitees vom Roten Kreuz bei der För- derung der Durchführung und Weiterentwicklung des humanitären Völkerechts, einschließlich der Genfer Konventionen und ihrer einschlägigen Protokolle;

(51) bekräftigen erneut ihre Verpflichtung, dem Internationalen Komitee vom Roten Kreuz sowie den Gesellschaften des Roten Kreuzes und des Roten Halbmonds und den Organisationen der Ver- einten Nationen insbesondere in Zeiten bewaffneter Konflikte volle Unterstützung zu gewähren, ihre Schutzembleme zu achten, den Mißbrauch dieser Embleme zu verhindern und gegebenen- falls alle Bemühungen zu unternehmen, um Zugang zu den betroffenen Gebieten zu gewährleisten;

(52) werden ihrer Pflicht nachkommen, ihre Verpflichtungen im Rahmen des humanitären Völ- kerrechts zu lehren und Informationen darüber zu verbreiten.

Stockholm 1992 (Beschlüsse: 2. Die KSZE als Wertegemeinschaft)

Rom 1993 (Beschlüsse: X. Erklärung über aggressiven Nationalismus, Rassismus, Chauvinismus, Fremdenfeindlichkeit und Antisemitismus)

Budapest 1994 (Beschlüsse: IV. Verhaltenskodex zu politischen und militärischen Aspekten der Sicherheit)

29. Die Teilnehmerstaaten werden in ihren jeweiligen Ländern das humanitäre Kriegsvölkerrecht in breitem Umfang zugänglich machen. Ihre diesbezüglichen Verpflichtungen werden in ihren

412 Verpflichtungen in Bezug auf das humanitäre Völkerrecht

militärischen Schulungsprogrammen und Vorschriften der innerstaatlichen Praxis entsprechend Niederschlag finden.

30. Jeder Teilnehmerstaat wird die Angehörigen seiner Streitkräfte mit den für bewaffnete Kon- flikte geltenden internationalen humanitären rechtlichen Vorschriften, Regeln, Übereinkommen und Verpflichtungen vertraut machen und wird gewährleisten, daß sich die Angehörigen der Streit- kräfte der Tatsache bewußt sind, daß sie nach dem innerstaatlichen Recht und dem Völkerrecht für ihre Handlungen einzeln verantwortlich sind.

31. Die Teilnehmerstaaten werden gewährleisten, daß die mit Befehlsgewalt ausgestatteten Ange- hörigen der Streitkräfte diese im Einklang mit dem einschlägigen innerstaatlichen Recht und dem Völkerrecht ausüben und daß ihnen bewußt gemacht wird, daß sie nach diesem Recht für die un- rechtmäßige Ausübung ihrer Befehlsgewalt einzeln zur Verantwortung gezogen werden können und daß Befehle, die gegen das innerstaatliche Recht und das Völkerrecht verstoßen, nicht erteilt werden dürfen. Die Verantwortlichkeit der Vorgesetzten entbindet die Untergebenen von keiner ihrer Verantwortlichkeiten. (…)

34. Jeder Teilnehmerstaat wird gewährleisten, daß seine Streitkräfte in Friedens- und Kriegszeiten so befehligt, personell besetzt, geschult und ausgerüstet werden, daß sie mit den Bestimmungen des Völkerrechts und dessen einschlägigen Verpflichtungen in bezug auf den Einsatz der Streitkräfte in bewaffneten Konflikten im Einklang stehen, einschließlich der Haager Konventionen von 1907 und 1954, der Genfer Konventionen von 1949 und der diesbezüglichen Zusatzprotokolle von 1977 beziehungsweise der Konvention von 1980 über den Einsatz bestimmter konventioneller Waffen.

35. Jeder Teilnehmerstaat wird gewährleisten, daß seine Verteidigungspolitik und seine Doktrin dem Völkerrecht, soweit es den Einsatz der Streitkräfte – auch in bewaffneten Konflikten – be- trifft, sowie den einschlägigen Verpflichtungen aus diesem Kodex entsprechen.

Budapest 1994 (Beschlüsse: VIII. Die menschliche Dimension)

33. Die Teilnehmerstaaten bedauern zutiefst die Serie eklatanter Verletzungen des humanitären Völkerrechts, die in den letzten Jahren in der KSZE-Region festzustellen ist, und bekräftigen ihre Verpflichtung, die Achtung des allgemeinen humanitären Völkerrechts und insbesondere ihrer Verpflichtungen gemäß den einschlägigen internationalen Instrumenten zu wahren und sicher- zustellen, einschließlich der Genfer Konventionen von 1949 und ihrer Zusatzprotokolle, denen sie beigetreten sind.

34. Sie unterstreichen die potentielle Bedeutung einer Erklärung über humanitäre Mindestnor- men, die in allen Situationen anwendbar sind, und erklären ihre Bereitschaft, an deren Ausarbei- tung im Rahmen der Vereinten Nationen aktiv teilzunehmen. Sie verpflichten sich, angemessene Informationen und Schulung im Rahmen ihres Militärdienstes hinsichtlich der Bestimmungen des humanitären Völkerrechts zu gewährleisten und in Erwägung zu ziehen, daß einschlägige In- formationen zur Verfügung gestellt werden sollten.

35. Sie bringen ihre hohe Wertschätzung für die Entwicklung der Zusammenarbeit zwischen der KSZE und dem Internationalen Komitee vom Roten Kreuz (IKRK), insbesondere im Falle von KSZE-Missionen zum Ausdruck, begrüßen die Bereitschaft des IKRK, diese Zusammenarbeit weiter auszubauen, und verpflichten sich, das IKRK weiter zu unterstützen, insbesondere durch

413 7 Verpflichtungen in Bezug auf das humanitäre Völkerrecht

die Stärkung von bereits zwischen den KSZE-Missionen und den Delegationen des IKRK vor Ort bestehenden Kontakten.

Istanbul 1999 (Europäische Sicherheitscharta: III. Unsere gemeinsame Reaktion)

22. Wir lehnen jede Politik der ethnischen Säuberung oder der Massenvertreibung strikt ab. (…) Zur Verbesserung des Schutzes von Zivilpersonen in Konfliktzeiten werden wir nach Mitteln und Wegen suchen, um die Umsetzung des humanitären Völkerrechts zu verbessern.

Sofia 2004 (Erklärung des Ministerrats zum sechzigsten Jahrestag des Endes des zweiten Weltkriegs)

(…) Wir verurteilen alle Formen der ethnischen Säuberung. Wir bekräftigen unser Bekenntnis zur Konvention der Vereinten Nationen über die Verhütung und Bestrafung des Völkermords vom 9. Dezember 1948. Wir appellieren an die Teilnehmerstaaten, alles nur Mögliche zu tun, um da- für zu sorgen, dass heute und in aller Zukunft jeder Versuch eines Völkermords verhindert wird. Wer sich solcher Verbrechen schuldig macht, sollte vor Gericht gestellt werden.

Sofia 2004 (Beschlüsse: Anhang zu Beschluss Nr. 14/04 OSZE-Aktionsplan 2004 zur Förderung der Gleichstellung von Frauen und Männern) • Nationale und internationale Bemühungen zu unterstützen, um Täter, die Verbrechen gegen Frauen begangen haben, die nach dem geltenden Völkerrecht als Kriegsverbrechen bzw. Ver- brechen gegen die Menschlichkeit anerkannt sind (…)

Helsinki 2008 (Ministererklärung zum 60. Jahrestag der Konvention über die Verhütung und Bestrafung des Völkermordes)

Wir, die Mitglieder des Ministerrats der OSZE, begehen den 60. Jahrestag der am 9. Dezember 1948 von der Generalversammlung der Vereinten Nationen verabschiedeten Konvention über die Verhütung und Bestrafung des Völkermordes (in der Folge als „Konvention“ bezeichnet). (…)

Wir bekräftigen die Bedeutung der Konvention als wichtiges internationales Rechtsinstrument zur Verhütung und Bestrafung des Völkermordes.

Wir rufen die Teilnehmerstaaten dazu auf, den ehestmöglichen Beitritt zur Konvention und die Beteiligung an diesem weltweiten Rahmen zur Verhütung und Bestrafung des Völkermordes in Erwägung zu ziehen, sofern sie dies noch nicht getan haben. Ferner rufen wir die Vertragsstaaten auf, ihre Aktivitäten zur vollständigen Umsetzung ihrer Verpflichtungen aus der Konvention zu verstärken und zu intensivieren.

Wir stellen fest, dass die Vereinten Nationen mit der Verabschiedung der Konvention die Tatsa- che anerkannten, dass der Völkermord eine verabscheuungswürdige Geißel ist, die der Mensch- heit große Verluste zugefügt hat, und ihrer Überzeugung Ausdruck verliehendass internationale Zusammenarbeit erforderlich ist, um eine Verhütung und Bestrafung des Völkermordes unver- züglich zu ermöglichen.

414 Verpflichtungen in Bezug auf das humanitäre Völkerrecht

Wir erkennen an, dass Völkermord eines der schwersten Verbrechen nach dem Völkerrecht ist, das von der gesamten internationalen Gemeinschaft verurteilt wurde und durch nichts gerecht- fertigt werden kann.

415 7 Index

A Asylsuchende*r 226, 266, 267, 404

Abkommen über die Rechtsstellung der ATU (Gruppe der OSZE zur Bekämpfung des Flüchtlinge (Genfer Flüchtlingskonven- Terrorismus) 23 tion) 226, 227, 304, 373, 394 Aufenthaltsfreiheit 166 Aktionsplan der OSZE zur Bekämpfung des Ausnahmeregelungen 81 Menschenhandels 77, 323, 324, 327, 331, 335, 344, 354 Ausschuss der VN gegen Folter 138

Aktionsplan der OSZE zur Förderung der Ausschuss zur menschlichen Dimension 15 Geschlechtergleichstellung 252, 255, 414 Aktionsplan der OSZE zur Verbesse- B rung der Lage der Roma und Sinti in BDIMR — siehe Büro für demokratische Ins- OSZE-Gebiet 48, 70, 204, 209, 212, 216, titutionen und Menschenrechte (BDIMR) 219, 221, 223 Beauftragten der OSZE für Medienfrei- Allgemeine Erklärung der Menschen- heit XVIII, 36, 54, 59, 70, 72, 164, 208, 264 rechte 12, 81, 114, 118, 153, 161, 299, 329 Behinderungen, Personen mit 182, 185, 213, alternative Strafe 116, 126, 246, 363 235, 243, 261, 304 Antisemitismus XVIII, 12, 53, 55–57, 60, 70, Berufsausbildung 185, 217, 229, 282 74, 191, 201, 218, 262–269, 271, 272, 275, 276, 278, 279, 283, 284, 286, 289, 291, 293, Bevölkerungen, indigene 224, 304 295, 297 — siehe auch Rassismus Bildung Anti-terrorismus — siehe Terrorismus Allgemein 183, 196, 197, 311 Berufsausbildung 185, 217, 229, 282 Antiterrornetzwerk 23, 378, 407 in Bezug auf Bekämpfung des Menschen- Anwaltschaft, Unabhängigkeit der — siehe handels 316, 318, 324, 333, 339, 344, 346, Unabhängigkeit der Justiz 347, 357 in Bezug auf Toleranz und Nichtdis- Arbeit 312, 318 — siehe auch Arbeitneh- kriminierung 60, 213, 276, 291, 297, mer*innenrechte; siehe auch Zwangsar- 299 — siehe auch Toleranz und Nichtdis- beit; siehe auch Arbeitsbedingungen kriminierung Arbeitnehmer*innenrechte 179, 330 Menschenrechtsbildung 11, 12, 13, 44 Recht auf 183 Arbeitsbedingungen Religionsunterricht 147, 148, 196 Allgemein 118, 180, 229, 231, 327, 330, 342, Zugang zu 185, 212, 215, 229, 236, 243, 354 259, 261, 318 für Journalist*innen 72, 156, 158 Binnenvertriebene — siehe Migration; Ver- Assimilation (von nationalen Minderheiten triebene gegen deren Willen) 148 Asyl, Asylrecht 226, 352, 373, 394, 402

416 Index

Bukarester Aktionsplan zur Bekämpfung des E Terrorismus 74, 226, 264, 290, 371, 390, 394, 402 Eigentumsrechte 175 — siehe auch geistiges Eigentum bürgerliche und politische Rechte — siehe auch Internationaler Pakt über bürgerliche elektronische Kommunikation, Vertraulich- und politische Rechte keit der 174 Allgemein 129 Entschädigung, Recht auf 122, 126, 135, 136, Zweite Fakultativprotokoll zum Internati- 139, 141, 175, 180, 238, 330, 344, 345, 351, onalen Pakt über bürgerliche und politi- 356 sche Rechte 12, 129, 130, 143 Erziehung — siehe Bildung Büro für demokratische Institutionen und erzwungene Rekrutierung — siehe Zwangsre- Menschenrechte (BDIMR) XVII, 36, 70, 93, krutierung 208, 264, 267, 276, 286, 297, 352 — siehe auch Kontaktstelle der BDIMR für Fragen ethnische Säuberungen 225, 226, 263, 264, der Roma und Sinti 268, 414 Büro für freie Wahlen XVII, 93, 190 — siehe Europäische Konvention zum Schutze der auch Büro für demokratische Institutionen Menschenrechte und Grundfreiheiten 130 und Menschenrechte (BDIMR) Europäisches Übereinkommen über die Ver- hinderung von Folter und unmenschlicher C oder erniedrigender Behandlung oder Be- strafung 132 Chancengleichheit — siehe Gender, Gender- fragen Europäische Union, Zusammenarbeit mit 59, 206, 208, 267, 306, 314, 316, 372, 373 Charta der OSZE zur Verhütung und Be- kämpfung des Terrorismus 290, 298, 375, Europarat, Zusammenarbeit mit 13, 38, 39, 391, 402 40, 47, 59, 74, 98, 101, 189, 206, 208, 264, 267, 306, 314, 316, 353, 361 Charta der Vereinten Nationen 87, 90, 127, 188, 273, 368, 371, 375, 388, 391, 400, 408, Exil, erzwungenes 124, 139 — siehe auch 409 willkürliche Festnahme Expansion, territoriale — siehe territorialer D Expansionismus

Datenschutz 205, 239, 240, 286, 307, 340, 347 Extremismus 265–267, 271, 272, 277, 279, 291, 293, 295, 301, 370, 382, 386, 388, 389, Demokratie — siehe auch Büro für demokra- 395, 402, 408 tische Institutionen und Menschenrechte (BDIMR); Wahlen Allgemein 40, 89, 177 F demokratische Institutionen XVII, 96 faires Verfahren, Recht auf 117, 119, 121, 141, politischer Pluralismus VII, 89, 151, 177 144 Recht der Bürger*innen auf Beteiligung an der Regierung 37, 92, 376 Fakultativprotokoll der VN zum Überein- kommen über die Rechte des Kindes 305, Demonstrationsrecht 151 — siehe auch Ver- 314, 320, 352 sammlungsfreiheit Familienleben, Achtung des 174 Diskriminierung — siehe Rassismus; siehe Antisemitismus; siehe Toleranz und Nicht- Familienzusammenführung 166, 168, 230 diskriminierung

417 Index

Flüchtlinge — siehe auch Migration; Vertrie- Gleichberechtigung / Chancengleichheit bene von Männern und Frauen 60, 72, 76, Abkommen über die Rechtsstellung der 99, 124, 184, 211, 215, 236, 251, 252, 257, Flüchtlinge 226, 227, 304, 373, 394 258, 259 Allgemein;aaa 224, 256, 267 Übereinkommen der VN zur Beseitigung jeder Form von Diskriminierung der Folter und grausame, unmenschliche oder er- Frau 251, 254, 257 niedrigende Behandlung oder Strafe Allgemein 133–136, 138, 247 Genfer Flüchtlingskonvention (Abkom- Ausschuss der VN gegen 138 men über die Rechtsstellung der Flücht- Europäisches Übereinkommen zur Verhü- linge) 226, 227, 304, 373, 394 tung von 132 Genfer Konventionen von 1949 und ihrer Zu- Sonderberichterstatter der VN über 132 satzprotokolle 137, 412, 413 Übereinkommen der VN gegen 130, 131, 133 Genozid — siehe Völkermord Frauen — siehe Gender, Genderfragen; Ge- Gericht, unabhängiges — siehe Unabhängig- waltgegen Frauen keit der Justiz Freizügigkeit 166 — siehe auch Migration Gesundheit 217 Fremdenfeindlichkeit 12, 53, 55, 56, 70, 74, Gewalt — siehe auch Hassverbrechen; 191, 201, 218, 262, 263, 264, 265, 266, 267, Terrorismus; Toleranz und Nichtdiskrimi- 268, 269, 271, 272, 278, 279, 284, 289, 291, nierung 295 — siehe auch Toleranz und Nichtdis- gegen Frauen VII, 61, 135, 252, 260, 303, kriminierung 320, 357, 410 gegen Journalist*innen 161, 162, 163 gegen Kinder 320 G gegen Minderheiten 55, 59, 149, 150, 193, Geburtsrecht, Menschenrechte als XV 207, 208, 219, 221, 265, 267, 269, 272, 276, 278, 279, 284, 290 Gedanken-, Gewissens-, Religions- und Glau- Schutz vor allen Formen von 252, 303, 304, bensfreiheit 305, 307 Allgemein 53, 57, 58, 70, 146, 263, 264, 267, 270, 275, 277, 288, 293, 395 Gewaltenteilung — siehe Demokratie Gewissensgründe 145 Gewerkschaften 32, 89, 97, 150, 151, Religionsunterricht 147, 148, 196 179 — siehe auch Vereinigungsfreiheit Gefängnis — siehe auch willkürliche Fest- Gewissensfreiheit — siehe Gedanken-, Ge- nahme wissens-, Religions- und Glaubensfreiheit Behandlung von Gefangenen, Rechte der Gefangenen 245 Gewissensgründe 145 Reform des Strafvollzugs 65, 119 Glaubensfreiheit — siehe Gedanken-, Gewis- Geflüchtete — siehe Flüchtlinge sens-, Religions- und Glaubensfreiheit

geistiges Eigentum 153, 154, 165, 175 — siehe Gleichberechtigung — siehe Gender, Gender- auch Urheberrecht fragen

Gender, Genderfragen — siehe auch Gewalt; Gleiche Rechte der Völker — siehe Selbstbe- sexuelle Ausbeutung stimmungsrecht, Recht auf Aktionsplan der OSZE zur Förderung der Gruppe der OSZE zur Bekämpfung des Ter- Geschlechtergleichstellung 252, 255, 414 rorismus (ATU) 23 Gender-Mainstreaming 253

418 Index

H Bekämpfung der sexuellen Ausbeutung von Kindern 237, 239, 240 Haft — siehe willkürliche Festnahme Förderung von Toleranz und Medienfrei- Hassverbrechen heit im 75, 242, 268, 280, 299, 301, 398 Allgemein XVIII, 55, 60, 201, 221, 268, 269, 272, 286 Internet und 60, 268, 269, 272 J Hoher Kommissar für nationale Minderhei- Journalist*innen ten (HKNM) XVIII, 36, 59, 65, 191, 208, Allgemein 76, 156, 158, 161 264 Arbeitsbedingungen für 72, 156, 158 Gewalt gegen 161, 162, 163 Holocaust 60, 213, 268, 276, 291, 293, 295, 297 Jugend, junge Menschen 52, 111, 185, 215, 218, 241, 395, 398 — siehe auch Kinder humanitäres Völkerrecht — siehe auch Völ- kerrecht Justiz, Unabhängigkeit der — siehe Unabhän- Allgemein 138, 388, 400, 411 gigkeit der Justiz Genfer Konventionen von 1949 und ihrer Zusatzprotokolle 137, 412, 413 K Kinder — siehe auch Bildung; Jugend, junge I Menschen; sexuelle Ausbeutung Kinder ICESCR (Internationaler Pakt über wirt- Allgemein 230, 236, 352 schaftliche, soziale und kulturelle Fakultativprotokoll zum Übereinkommen Rechte) 113, 176, 254 über die Rechte 305, 314, 320, 352 Gewalt gegen 320 IKT (Informations- und Kommunikations- Handel 316, 323, 330, 334, 341, 345, 347, technologien) 335, 347, 408 356, 358 Implementierungspflicht 9 Rechte 236 sexuelle Ausbeutung 237, 238, 240, 334, indigene Bevölkerungsgruppen — siehe Ur- 335 bevölkerungen Übereinkommen über die Rechte 237, 304, Informations- und Kommunikationstechno- 320 logien (IKT) 335, 347, 408 Kommunikation, Recht auf 154, 199 Inhaftierung, willkürliche — siehe willkürli- Kontaktstelle der BDIMR für Fragen der che Festnahme Roma und Sinti XVIII, 47, 48 — siehe auch Internationaler Pakt über bürgerliche und Roma und Sinti politische Rechte XV, XVI, 81, 113, 114, 118, Konvention der VN über die Verhütung und 129, 130, 153, 408, 409 Bestrafung des Völkermordes 268, 295, Internationaler Pakt über wirtschaftliche, so- 414 ziale und kulturelle Rechte (ICESCR) 113, Korrespondenz, Vertraulichkeit der 174 176, 254 Korruption Internationales Übereinkommen zur Beseiti- Allgemein 103, 105, 121, 244, 262, 359 gung jeder Form von Rassendiskriminie- Übereinkommen gegen 104, 106, 108, 362, rung 279 363, 381 Internet Kreativität 165 Bekämpfung der Nutzung für terroristi- sche Zwecke 391, 397, 405 kulturelle Rechte / kulturelles Erbe Allgemein 176, 181

419 Index

intellektuelles und kulturelles Leben 165, Protokoll der VN zur Verhütung, Bekämp- 182 fung und Bestrafung des Menschen- Internationaler Pakt über wirtschaftliche, handels, insbesondere des Frauen- und soziale und kulturelle Rechte 113, 176 Kinderhandels 320, 323, 326, 329, 338, Kreativität 165 350, 354 Kunstfreiheit 164 Sonderbeauftragten der OSZE für die Be- kämpfung 77, 324, 334, 336 kulturelles Erbe — siehe kulturelle Rechte / kulturelles Erbe Menschenrechte — siehe Büro für demokra- tische Institutionen und Menschenrechte Kunstfreiheit 164 (BDIMR) künstlerisches Schaffen 164, 165, 182 Menschenrechtsbildung 11–13, 44 Menschenrechtsverteidiger*innen 30 L menschliche Dimension — siehe Ausschuss Leben, Recht auf — siehe Todesstrafe (ein- zur menschlichen Dimension; Mechanis- schließlich Verweise auf die Todesstrafe men der menschlichen Dimension und das Recht auf Leben) menschliche Kontakte 169, 170, 198 Leitsätze der VN zur Binnenvertreibung 226, 267 Migration 227, 233, 274, 360 — siehe auch Asylsuchende*r; Flüchtlinge; Vertriebene

M Mindestgrundsätze der VN für die Behand- lung von Strafgefangenen 124, 130, 136, Mechanismen der menschlichen Dimension 245, 247 Allgemein XVII andere Mechanismen 25 Moskauer Mechanismus XVII, 18 Antiterrornetzwerke 23, 378, 407 Multikulturalismus 71, 213, 291 — siehe auch Ausschuss zur menschlichen Dimen- Toleranz und Nichtdiskriminierung sion 15 Muslime, Intoleranz gegenüber XVIII, 57, Moskauer Mechanismus XVII, 18 265, 269 — siehe auch Toleranz und Nicht- Wiener Mechanismus XVII, 17 diskriminierung medizinische Praktiken, unzulässige 124, 130 N Meinungsfreiheit, Informationsfreiheit, freie Medien — siehe auch Journalist*innen nationale Menschenrechtsinstitutionen 101 Allgemein 152, 155, 198, 406 nationale Minderheiten — siehe auch Roma Recht, seine Rechte zu kennen und wahr- und Sinti zunehmen XI, 30, 31, 112 Allgemein XIV, 187, 250 Menschenhandel — siehe auch Aktionsplan Assimilation gegen deren Willen 148 der OSZE zur Bekämpfung des Menschen- Hoher Kommissar für XVIII, 36, 59, 65, handels; Kinder, Handel 191, 208, 264 Allgemein 62, 63 Nationale Verweismechanismen 336, 366 Nationale Verweismechanismen 336, 366 Protokoll der VN gegen die Schleusung Nationalismus, aggressiver 53, 70, 74, 263– von Migranten auf dem Land-, See- und 267, 271, 278, 279, 289, 291, 295 — siehe Luftweg 315 auch Toleranz und Nichtdiskriminierung Nationalität/Staatsbürgerschaft 175 NGOs/NROs — siehe nichtstaatliche Organi- sationen (NGOs/NROs)

420 Index

Nichtdiskriminierung — siehe Toleranz und Protokoll Nr.6 zur Europäischen Konven- Nichtdiskriminierung tion zum Schutze der Menschenrechte und Grundfreiheiten 130 Nichteinmischung, Nichtanwendbarkeit des Prinzips der XV psychiatrische oder andere medizinische Praktiken, unzulässige 124, 130 nichtstaatliche Organisationen (NGOs/ NROs) 30, 50, 102, 239, 299, 350 — siehe auch Zivilgesellschaft R Nichtzurückweisung (non-refoulement) 352 Radikalisierung — siehe Extremismus non-refoulement (Nichtzurückweisung) 352 Rassismus XVIII, 48, 53, 55, 56, 70, 74, 218, Notstand, öffentlicher — siehe öffentlicher 263–268, 271, 272, 278, 279, 284, 289, 291, Notstand 295 — siehe auch Toleranz und Nichtdis- kriminierung Recht auf Leben — siehe Todesstrafe (ein- O schließlich Verweise auf die Todesstrafe öffentlicher Notstand 81, 159 und das Recht auf Leben) Ombudsmänner — siehe nationale Men- Recht, seine Rechte zu kennen und wahrzu- schenrechtsinstitutionen nehmen XI, 30, 31, 112 organisierte Kriminalität 345, 358, 359, 360, Rechtsmittel, wirksame — siehe wirksame 361, 378, 402 Rechtsbehelfe, Recht auf Rechtsstaatlichkeit 362 P Rekrutierung, erzwungene — siehe Zwangs- Parlamentarische Versammlung der rekrutierung OSZE 29, 36, 46, 93, 209, 311, 312 Religionsfreiheit — siehe Gedanken-, Gewis- Pluralismus, politischer VII, 89, 151, 177 sens-, Religions- und Glaubensfreiheit politische Parteien 37, 92, 151, 270, Religionsunterricht 147, 148, 196 295 — siehe auch Vereinigungsfreiheit Roma und Sinti — siehe auch Aktionsplan politischer Pluralismus VII, 89, 151, 177 der OSZE zur Verbesserung der Lage der Roma und Sinti in OSZE-Gebiet Prinzip der Nichteinmischung — siehe Nicht- Allgemein 54, 55, 59, 71, 75, 191, 202, 203 einmischung, Nichtanwendbarkeit des Kontaktstelle für Fragen der XVIII, 47, 48 Prinzips der Privatleben, Achtung des 174, 340, 351, 392, 401 S Schulbildung — siehe Bildung Prostitution — siehe sexuelle Ausbeutung Schutz vor allen Formen von Gewalt 252 Protokoll der VN gegen die Schleusung von Migranten auf dem Land-, See- und Luft- Selbstbestimmungsrecht, Recht auf 87 weg 315 sexuelle Ausbeutung Protokoll der VN zur Verhütung, Bekämp- Allgemein 237, 252, 303, 313, 316, 323, 334 fung und Bestrafung des Menschen- Kinder 237, 238, 240, 334, 335 handels, insbesondere des Frauen- und Sicherheit XII, 3, 27, 76, 91, 104 — siehe auch Kinderhandels 320, 323, 326, 329, 338, 350, soziale Gerechtigkeit; Verhaltenskodex zu 354 politischen und militärischen Aspekten der Sicherheit

421 Index

Sinti und Roma — siehe Roma und Sinti Protokoll Nr.6 zur Europäischen Konven- tion zum Schutze der Menschenrechte Sklaverei 133, 315, 316, 319, 323, 329 und Grundfreiheiten 130 Sonderbeauftragten der OSZE für die Be- Zweite Fakultativprotokoll zum Internati- kämpfung des Menschenhandels 77, 324, onalen Pakt über bürgerliche und politi- 334, 336 sche Rechte 12, 129, 130, 143 Sonderberichterstatter der VN 132 Toleranz und Nichtdiskriminierung — siehe auch Fremdenfeindlichkeit; Muslime, Into- soziale Gerechtigkeit 177 leranz gegenüber; Rassismus; Verfolgung soziale Sicherheit 167, 177, 229, 231 Allgemein 48, 264, 270, 300 Staatenlosigkeit, Staatenlose 224 Internationales Übereinkommen zur Besei- tigung jeder Form von Rassendiskrimi- Strafe — siehe alternative Strafe; Todesstrafe nierung 279 (einschließlich Verweise auf die Todes- strafe und das Recht auf Leben) U Strafverfahren 65, 141, 286, 339, 340, 344, 355, 356 — siehe auch faires Verfahren, Übereinkommen der VN gegen die grenz- Recht auf überschreitende organisierte Kriminali- tät 354, 359–361, 363, 364, 381 — siehe Streik, Recht auf 179 — siehe auch Vereini- auch Protokoll der VN zur Verhütung, Be- gungsfreiheit kämpfung und Bestrafung des Menschen- handels, insbesondere des Frauen- und T Kinderhandels

territoriale Integrität von Staaten 87, 188, 193 Übereinkommen der VN gegen Folter und grausame, unmenschliche oder erniedri- territorialer Expansionismus 53, 263 — siehe gende Behandlung oder Strafe 130, 131, auch Toleranz und Nichtdiskriminierung 133 Terrorismus Übereinkommen der VN gegen Korruption Allgemein 242, 247, 274, 368, 376, 380, (UNCAC) 104, 106, 108, 362, 363, 381 390, 395, 401, 403 Antiterrornetzwerke 23, 378, 407 Übereinkommen der VN über die Rechte des Bukarester Aktionsplan zur Bekämpfung Kindes 237, 304, 320 — siehe auch Fakul- des Terrorismus 74, 226, 264, 290, 371, tativprotokoll der VN zum Übereinkom- 390, 394, 402 men über die Rechte des Kindes Charta zur Verhütung und Bekämpfung Übereinkommen der VN zur Bekämpfung des Terrorismus 290, 298, 391, 394 der Finanzierung des Terrorismus 373, gewalttätiger Extremismus und Radikali- 375, 394 sierung 30, 34, 37, 53, 65, 68, 70, 73, 97, 265–267, 271, 272, 277, 279, 291, 293, 295, Übereinkommen der VN zur Beseitigung je- 301, 370, 382, 386, 388, 389, 395, 402, 408 der Form von Diskriminierung der Frau OSZE-Gruppe Terrorismusbekämpfung (CEDAW) 251, 254, 257 (ATU) 23 Unabhängigkeit der Justiz 105, 116, 118, 141, Übereinkommen der VN zur Bekämpfung 363 der Finanzierung des Terrorismus 373, Universalität der Menschenrechte 3, 12, 30, 375, 394 87, 146 Todesstrafe (einschließlich Verweise auf die Unterricht — siehe Bildung Todesstrafe und das Recht auf Leben) Allgemein 129 Urbevölkerungen 224, 304

422 Index

Urheberrecht 153, 154, 158 — siehe auch Vertriebene — siehe auch Asylsuchende*r geistiges Eigentum Allgemein 223, 224, 256 VN-Leitsätze zur Binnenvertreibung 226, 267 V Völkermord Vereinigungsfreiheit 150, 179 Allgemein 414 Vereinte Nationen — siehe auch Charta Konvention der VN über die Verhütung der Vereinten Nationen; Internationa- und Bestrafung 268, 295, 414 ler Pakt über bürgerliche und politische Völkerrecht Rechte; Protokoll der VN zur Verhütung, allgemein anerkannte Grundsätze des 87, Bekämpfung und Bestrafung des Men- 114, 174 schenhandels, insbesondere des Frauen- humanitäres Völkerrecht — siehe humani- und Kinderhandels täres Völkerrecht Ausschuss gegen Folter 138 Verpflichtungen nach dem XV, 9, 17, 64, 81, Internationaler Pakt über wirtschaftliche, 82, 96, 114, 127, 138, 150, 173, 370, 373, soziale und kulturelle Rechte 113, 176, 386, 389, 394, 395 254 Verpflichtungen nach dem, Konflikt zwi- Konvention über die Verhütung und Be- schen 413 strafung des Völkermordes 268, 295, 414 Leitsätze zur Binnenvertreibung 226, 267 Mindestgrundsätze für die Behandlung W von Strafgefangenen 124, 130, 136, 245, Wahlen 247 Allgemein 16, 37, 45 Protokoll gegen die Schleusung von Mi- Büro für freie XVII, 36, 93, 190 granten auf dem Land-, See- und Luft- weg 315 Wanderarbeiter*innen 228, 231, 232, 266, Sonderberichterstatter 132 267, 269, 292 Übereinkommen der VN gegen Folter 130, Wehrdienstverweigerung aus Gewissens- 131, 133 gründen 145 Übereinkommen über die Rechte des Kin- des 237, 304, 320 Wiener Mechanismus XVII, 17 Übereinkommen zur Bekämpfung der Fi- willkürliche Festnahme nanzierung des Terrorismus 373, 375, Allgemein 139, 162, 163 394 Mindestgrundsätze der VN für die Be- Übereinkommen zur Beseitigung jeder handlung von Strafgefangenen 124, 130, Form von Diskriminierung der Frau 136, 245, 247 (CEDAW) 251, 257 Verhaltenskodex der VN für Vollzugsbe- Verhaltenskodex für Vollzugsbeambte 124, ambte 124, 130, 245 130, 245 Zusammenarbeit mit 273 wirksame Rechtsbehelfe, Recht auf 138, 164, 204, 222, 358, 366, 368 Verfolgung 304 — siehe auch Toleranz und Nichtdiskriminierung wirtschaftliche und soziale Rechte Allgemein 176 Verhaltenskodex der VN für Vollzugsbe- Arbeit 312, 318 ambte 124, 130, 245 Gesundheit 217 Verhaltenskodex zu politischen und militä- Internationaler Pakt über wirtschaftliche, rischen Aspekten der Sicherheit 100, 122, soziale und kulturelle Rechte 113, 176 145, 244, 370, 372, 402, 412 soziale Gerechtigkeit 177 soziale Sicherheit 167, 177, 229, 231 Versammlungsfreiheit 150 Wohnen 216

423 Index

Wohnen 216 Z Wohnung, Recht auf Achtung der 174 Zivilgesellschaft 60, 297, 389, 401 Zurückgekehrte 224, 229, 230 — siehe auch X Migration Xenophobie — siehe Fremdenfeindlichkeit Zwangsarbeit 316, 319, 323, 324, 329, 334 Zwangsrekrutierung 237 Zweite Fakultativprotokoll zum Internatio- nalen Pakt über bürgerliche und politische Rechte 12, 129, 130, 143

424

Impegni OSCE nella Dimensione Umana Volume 1 Raccolta tematica

4° Edizione Impegni OSCE nella Dimensione Umana Volume 1 Raccolta tematica

4° Edizione

OSCE/ODIHR è grato per il sostegno finanziario fornito dal Ministero degli Affari Esteri e della Cooperazione Internazionale della Repubblica Italiana. Impegni OSCE nella Dimensione Umana, Volume 1, Raccolta tematica, 4° Edizione

Pubblicato dall’Ufficio OSCE per le istituzioni democratiche e i diritti umani (ODIHR) ul. Miodowa 10 00-251 Varsavia, Polonia www.osce.org/odihr

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Stampato in Polonia da Centrum Poligrafii Indice dei contenuti

Prefazione alla quarta edizione VII Premessa — Modalità di utilizzo di questa raccolta IX La dimensione umana dell’OSCE: Introduzione XI Documenti OSCE citati in questa Raccolta XIX

Disposizioni generali relative alla dimensione umana 1

1. Introduzione alla dimensione umana 2 1.1 Natura ed importanza della dimensione umana 3 1.2 La dimensione umana come questione di diretta e legittima rilevanza internazionale 6

2. Attuazione degli impegni 8 2.1 L’obbligo attuativo 9 2.2 Metodi attuativi 11 2.2.1 Disposizioni generali, inclusa l’educazione ai diritti umani 11 2.2.2 Revisione dell’attuazione 14 2.2.3 Osservazione 16 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti 17 A. Meccanismo di Vienna 17 B. Meccanismo di Mosca 18 C. Rete antiterrorismo 22 D. Altri meccanismi 24 2.3 Partner nell’attuazione 25 2.3.1 Governi, enti e istituzioni governative 25 2.3.2 Governi di altri Paesi e organizzazioni internazionali 25 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative 29 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana 34 A. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR) 35 B. Alto Commissario per le minoranze nazionali 62 C. Rappresentante per la libertà dei media 68 D. Segretariato, Rappresentante speciale per la lotta alla tratta di esseri umani 72 3.Restrizioni e deroghe 75 3.1 Ambito e carattere delle restrizioni legittime 76 3.2 Deroghe agli obblighi durante uno stato di emergenza pubblica 76

Impegni specifici per la dimensione umana 79

1. Impegni inerenti il diritto dei popoli all’autodeterminazione 80

2. Impegni relativi alle componenti strutturali di una società democratica 82 2.1 Disposizioni generali 83 2.2 Elezioni 85 2.3 Istituzioni democratiche 90 2.3.1 Disposizioni generali 90 2.3.2 Governo decentralizzato e strutture e organismi speciali 93 2.3.3 Controllo civile democratico delle forze militari, paramilitari e di sicurezza interna, dei servizi di intelligence e di polizia 93 2.3.4 Istituzioni nazionali indipendenti per i diritti umani 95 2.3.5 Organizzazioni non governative 95 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche 96 2.4 Stato di diritto 105 2.4.1 Disposizioni generali 105 2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico 110 2.4.3 Amministrazione della giustizia 114 A. Applicazione della legge 114 B. Trattamento delle persone private della libertà 117 2.4.4 Adempimento degli obblighi internazionali 119

3. Impegni relativi ai diritti umani applicabili a tutti 121 3.1 Diritti civili e politici 122 3.1.1 Disposizioni generali 122 3.1.2 Diritto alla vita/Abolizione della pena di morte 122 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti 123 3.1.4 Libertà da arresto o detenzione arbitrari 131 3.1.5 Diritto a un processo equo 133 3.1.6 Diritto a rimedi efficaci 135 3.1.7 Obiezione di coscienza e servizio alternativo 137 3.1.8 Libertà di pensiero, coscienza, religione o credo 137 3.1.9 Libertà di associazione e diritto di riunione pacifica 142 3.1.10 Libertà di espressione, libertà dei media e dell’informazione 143 A. Disposizioni generali 143 B. Libertà dei media e condizioni lavorative dei giornalisti 146 C. Libertà di espressione culturale o artistica 155 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare 156 3.1.12 Rispetto della vita privata e familiare 164 3.1.13 Diritto alla nazionalità 164 3.1.14 Diritti di proprietà 164 3.2 Diritti economici, sociali e culturali 165 3.2.1 Disposizioni generali 165 3.2.2 Diritti economici e sociali 166 A. Disposizioni generali 166 B. Diritti dei lavoratori 168 3.2.3 Diritti culturali/patrimonio culturale 170 3.2.4 Diritto all’istruzione 172

4. Impegni relativi ai diritti umani con particolare attenzione a gruppi specifici 175 4.1 Minoranze nazionali 176 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione 176 4.1.2 Partecipazione effettiva alla vita pubblica e politica 182 4.1.3 Identità culturale, linguistica e religiosa e istruzione 183 4.1.4 Contatti umani, libertà dei media e informazione 187 4.1.5 Ruolo delle organizzazioni e delle associazioni 189 4.1.6 Protezione dai crimini motivati dall’odio 190 4.2 Rom e Sinti 190 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione 191 4.2.2 Partecipazione effettiva alla vita pubblica e politica 197 4.2.3 Accesso all’istruzione 200 4.2.4 Questioni socio-economiche 203 4.2.5 Razzismo e discriminazione 205 A. Lotta al razzismo e agli stereotipi 205 B. Protezione dai crimini motivati dall’odio 208 4.2.6 Situazioni di crisi e post-crisi 210 4.3 Popolazioni autoctone 211 4.4 Rifugiati, sfollati, rimpatriati e apolidi 211 4.5 Lavoratori migranti 215 4.6 Persone con disabilità 222 4.7 Minori 223 4.8 Personale delle forze armate 231 4.9 Persone in detenzione o in carcere 231 5. Impegni relativi a uguaglianza, tolleranza e non discriminazione 235 5.1 Clausole di uguaglianza e non discriminazione 236 5.2 Parità di diritti tra uomini e donne 237 5.3 Lotta agli atti motivati da pregiudizio, intolleranza e odio 248 5.3.1 Disposizioni generali 248 5.3.2 Strumenti internazionali 262 5.3.3 Legislazione e applicazione di leggi e politiche 262 5.3.4 Raccolta e monitoraggio dei dati 267 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria 270 5.3.6 Ruolo dei media 281

6. Impegni relativi a minacce specifiche alla sicurezza umana 285 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere 286 (A) Quadro giuridico 290 (B) Prevenzione 290 (C) Protezione 291 (D) Procedimenti giudiziari 291 (E) Partenariati 291 6.2 Prevenzione della tratta di esseri umani 295 6.2.1 Disposizioni generali inerenti la prevenzione 295 6.2.2 Indagini, applicazione della legge e azione penale 317 6.2.3 Tutela delle vittime e assistenza 328 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale 337 6.4 Prevenzione del terrorismo 346 6.4.1 Condanna e impegno nella lotta al terrorismo 346 6.4.2 Rispetto dei diritti umani e dello stato di diritto nella lotta al terrorismo 366 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti 369 6.4.4 Estradizione e procedimenti giudiziari nei confronti di soggetti implicati in atti terroristici 377 6.4.5 Lotta all’uso di Internet per scopi terroristici 380 6.5 Gestione dei rischi legati all’uso improprio delle tecnologie dell’informazione e della comunicazione (ICT) 383

7. Impegni relativi al Diritto internazionale umanitario 385

Indice 389 Prefazione alla quarta edizione

Sono tempi difficili per la democrazia e i diritti umani in tutta la regione dell’OSCE. Tuttavia, questa quarta edizione degli Impegni OSCE nel Quadro della Dimensione Umana offre spunti di ottimi- smo, evidenziando gli impegni di ampia portata assunti da tutti i 57 Stati dell’OSCE per costruire democrazie forti basate sul rispetto dei diritti umani di ciascun individuo.

Questa pubblicazione, una raccolta aggiornata degli impegni dell’OSCE in materia di democrazia e diritti umani, è diventata negli anni una risorsa vitale non solo per i funzionari dei governi o per il personale dell’OSCE, ma anche per la società civile e per tutti coloro che lavorano per rafforzare i diritti umani all’interno e all’esterno dei confini della regione OSCE. Questa raccolta tematica è accompagnata da una rassegna cronologica, entrambe disponibili sul sito web dell’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR).

L’Atto Finale di Helsinki e i numerosi documenti che lo hanno seguito sono diventati una serie di standard di largo respiro che costituiscono il fondamento di ciò che l’OSCE chiama la dimen- sione umana della sicurezza. Nella Carta di Parigi per una Nuova Europa del 1990 gli Stati hanno riconosciuto formalmente che “i diritti dell’uomo e le libertà fondamentali sono diritti innati di tutti gli esseri umani, sono inalienabili e garantiti dalla legge. Responsabilità primaria del governo è tutelarli e promuoverli”.

Gli impegni sono stati sviluppati e concordati liberamente da tutti gli Stati dell’OSCE, che si sono assunti l’obbligo di sostenerli senza alcuna forza o coercizione. Affermano il concetto di sicurezza globale dell’OSCE, in cui la dimensione umana ha lo stesso peso della cooperazione politico-mi- litare o della governance economica e ambientale.

È passato più di un decennio dalla pubblicazione dell’ultima edizione degli Impegni OSCE nel Qua- dro della Dimensione Umana. In questo periodo sono emerse sfide nuove e differenti per i diritti umani, e gli stati dell’OSCE ne hanno affrontate alcune durante le riunioni del Consiglio ministe- riale a Vilnius, Dublino, Kiev, Basilea, Belgrado, Amburgo, Vienna, Milano e Tirana.

Nelle pagine che seguono si potranno trovare queste aggiunte. Il fatto che siano stati assunti nuovi impegni in ambiti come la migrazione, la tratta di esseri umani, la lotta alla violenza contro le donne o il ruolo che i giovani possono svolgere nel contribuire a una cultura del dialogo, dimostra che in tutta la regione dell’OSCE permane la consapevolezza della necessità di combattere le violazioni più efferate dei diritti umani e di rafforzarne la tutela.

Tuttavia, alcune delle sfide più recenti che stiamo affrontando sono in corso e il loro esito è meno chiaro. Se da un lato le tecnologie digitali hanno rafforzato i diritti umani e colmato i divari geo- grafici, favorendo l’impegno democratico su una scala precedentemente inimmaginabile, dall’al- tro vediamo che l’odio può diffondersi attraverso le piattaforme digitali in pochi secondi, e gli strumenti sviluppati per combattere la criminalità o gestire le frontiere possono essere utilizzati

VII Prefazione alla quarta edizione

in modo improprio per mettere a tacere le opinioni critiche. Altra sfida è la pandemia da Covid- 19, un’esperienza formativa per tutta l’umanità che allo stesso tempo ha messo alla prova le nostre democrazie e il rispetto dei diritti umani che sono alla base degli impegni.

È quindi più importante che mai porre un dialogo autentico al centro degli sforzi per lavorare verso il nostro futuro comune.

Spero che questa quarta edizione degli impegni costituisca uno strumento prezioso per i leader politici, i funzionari, gli esperti, gli attivisti e tutti coloro che sono impegnati a colmare il diva- rio tra impegno e applicazione. L’ODIHR, in qualità di una delle principali istituzioni per i diritti umani a livello mondiale, continuerà a sostenere gli sforzi nazionali e internazionali volti a costru- ire società più democratiche, più tolleranti e più inclusive. La continuità del lavoro dell’ODIHR per il futuro della democrazia e il rispetto dei diritti umani ancorati nei suoi impegni è stata garantita, nel corso degli ultimi tre decenni, dai suoi Direttori. Desidero ringraziare tutti i Direttori passati che hanno guidato l’ODIHR: Luchino Cortese (Italia, 1991–1994); Audrey Glover (Regno Unito, 1994–1997); Gerard Stoudmann (Svizzera, 1997–2002); Christian Strohal (Austria, 2003–2008); Janez Lenarčič (Slovenia, 2008–2014); Michael Georg Link (Germania, 2014–2017); e Ingibjörg Sólrún Gísladóttir (Islanda, 2017–2020).

Per la prima volta, questa edizione degli Impegni OSCE nel Quadro della Dimensione Umana viene pubblicata in tutte le lingue ufficiali dell’OSCE, nella consapevolezza, in primo luogo, che la cono- scenza di questi impegni fondamentali per la tutela dei diritti debba essere diffusa il più possibile e, in secondo luogo, per prendere atto che non c’è nessuno Stato dell’OSCE che li stia attuando pienamente. Dobbiamo tutti adempiere al nostro compito.

Matteo Mecacci Direttore, Ufficio dell’OSCE per le istituzioni democratiche e i diritti umani (ODIHR)

VIII Premessa — Modalità di utilizzo di questa raccolta

A partire dall’Atto Finale di Helsinki del 1975, gli attuali 57 Stati partecipanti della regione OSCE hanno adottato un gran numero di impegni politicamente vincolanti relativi a quella che è ormai nota come la dimensione umana del concetto di sicurezza globale dell’OSCE.

La selezione degli impegni contenuti nei volumi tematici e cronologici di questa pubblicazione è stata fatta sulla base di una definizione del termine dimensione umana così come viene utiliz- zato oggi, che comprende tutti gli aspetti relativi ai diritti umani e alle libertà fondamentali; alla democrazia, ivi incluse le elezioni democratiche e la governance e le istituzioni democratiche; alla tolleranza e alla non discriminazione; allo Stato di diritto, nonché quelli relativi alle minoranze nazionali, ai contatti umani e al diritto internazionale umanitario*. Inoltre, la raccolta include disposizioni relative ai meccanismi di monitoraggio dell’attuazione di questi impegni, nonché i mandati di base delle istituzioni OSCE attive nel campo della dimensione umana.

I documenti utilizzati per questa pubblicazione sono stati firmati o comunque adottati da vari forum CSCE/OSCE di alto livello. Sebbene questi documenti non abbiano il carattere di trattati giuridicamente vincolanti ai sensi del diritto internazionale, rappresentano impegni politici, adot- tati per consenso e vincolanti per ciascuno Stato partecipante. Essendo tutti adottati per consenso, hanno per così dire un effetto immediato, sono immediatamente applicabili e possono essere invo- cati da qualsiasi cittadino o governo dell’OSCE direttamente nei confronti di qualunque governo di uno Stato partecipante. Inoltre, gli impegni dell’OSCE rafforzano, anziché duplicare, gli obbli- ghi contenuti nel diritto internazionale e nelle convenzioni, in quanto contengono un impegno ad attuarli e a farlo in buona fede.

Le disposizioni sulla dimensione umana contenute in questa raccolta sono riportate nei docu- menti emersi dai vertici, dalle riunioni di follow-up, dalle conferenze sulla dimensione umana e, se del caso, dalle riunioni del Consiglio ministeriale dal 1975. Sono inclusi anche i documenti elaborati da riunioni di esperti competenti e successivamente incorporati nel corpus di impegni della CSCE/OSCE da altri forum.

Sebbene l’obiettivo di questa pubblicazione sia quello di fornire un resoconto completo della base normativa dell’OSCE nel campo della dimensione umana, non si è cercato di realizzare un inven- tario completo di tutti gli elementi di una dichiarazione che potrebbero essere concepiti come aspetti della dimensione umana. Va sottolineato che, sebbene questa raccolta si concentri sulla dimensione umana e, quindi, sui diritti umani e sulla democrazia, gli impegni dell’OSCE devono sempre essere letti e compresi nel contesto del concetto di sicurezza globale, che comprende anche

* Questa definizione si riflette anche nell’ordine del giorno della riunione OSCE sull’attuazione della dimensione umana.

IX Premessa — Modalità di utilizzo di questa raccolta

questioni politico-militari, nonché aspetti economici e ambientali. Il fatto che un particolare impe- gno sia stato o meno incluso in questa raccolta non significa che non sia rilevante. Per ragioni di pura praticità, è stato necessario tracciare una linea di demarcazione, poiché l’intenzione era quella di fornire una guida di riferimento di facile utilizzo, piuttosto che un’enciclopedia. Il testo è destinato ai funzionari governativi e alle organizzazioni della società civile, agli accademici, agli studenti e ai professionisti.

X La dimensione umana dell’OSCE: Introduzione

Nel 2025, l’Organizzazione per la Sicurezza e la Cooperazione in Europa (OSCE) celebrerà il 50 anniversario della firma del suo documento costitutivo, l’Atto Finale di Helsinki. Dal 1975, l’OSCE ha elaborato una vasta serie di norme e standard in materia di diritti umani, che in genere riflet- tono le norme e i concetti tradizionali dei diritti umani, sanciti da altri trattati e dichiarazioni internazionali sui diritti umani. Partendo da questi, tuttavia, l’OSCE ha anche elaborato una serie di norme che sono altamente innovative sia in termini di stile che di sostanza.

Questa pubblicazione intende rendere gli impegni dell’OSCE più accessibili sia ai cittadini che ai funzionari governativi, in linea con una delle lezioni più importanti apprese nel processo di Hel- sinki. I diritti umani iniziano con un elemento di empowerment, ovvero con il “diritto di conoscere il proprio diritto”. Quando fu adottato l’Atto finale di Helsinki, gli Stati partecipanti si impegna- rono a rendere il documento largamente accessibile. Ciò ha contribuito alla creazione di molti importanti gruppi per i diritti umani, come i gruppi di Helsinki e Carta 77, i quali hanno trovato nel processo di Helsinki il riferimento per il loro lavoro e hanno contribuito al processo di tra- sformazione in Europa centro-orientale. Il quadro dell’OSCE per i diritti umani si è rivelato uno dei più efficaci esistenti e continua a rivestire un ruolo importante anche oggi.

Si tratta di un quadro unico, che comprende un insieme di documenti e che, tra le varie innova- zioni, fa dei diritti umani una questione di legittimo interesse tra gli Stati. Alla sua base c’è l’Atto Finale di Helsinki, ma i documenti successivi, quali il Documento di Copenaghen del 1990, la Carta di Parigi per una Nuova Europa del 1990 e il Documento di Mosca del 1991, hanno aggiunto ulte- riori elementi importanti necessari per comprendere la dimensione umana dell’OSCE oggi.

Lo scopo di questa introduzione è quello di fornire una guida alla lettura e all’utilizzo di queste norme nonché di offrire una panoramica su alcuni aspetti fondamentali della dimensione umana dell’OSCE*.

* La Conferenza sulla Sicurezza e la Cooperazione in Europa (CSCE) è stata ridenominata Organizzazione per la Sicurezza e la Cooperazione in Europa (OSCE) nel 1994. Per motivi di ordine pratico, in questo testo verrà utilizzato solo il termine OSCE.

XI La dimensione umana dell’OSCE: Introduzione

A. Principali elementi fondanti

1. I diritti umani e il concetto globale di sicurezza dell’OSCE

L’OSCE è stata creata come organizzazione per la sicurezza. Tuttavia, non si occupa esclusiva- mente di questioni di sicurezza militare, disarmo o di confini. Basandosi su un concetto ampio di sicurezza, si occupa anche di diritti umani. L’OSCE ritiene che la sicurezza non sia solo una mera assenza di guerra. L’intenzione degli Stati partecipanti all’OSCE era piuttosto quella di cre- are un quadro completo per la pace e la stabilità in Europa.

L’Atto Finale di Helsinki riconosce come uno dei suoi dieci principi guida il “rispetto dei diritti umani e delle libertà fondamentali, ivi inclusa la libertà di pensiero, coscienza, religione o credo”. Ciò costituisce una pietra miliare nella storia della tutela dei diritti umani. Per la prima volta, i principi dei diritti umani sono stati integrati in modo esplicito in un quadro di sicurezza regio- nale, al pari delle questioni politico-militari ed economiche. Tale riconoscimento è stato rafforzato da numerosi documenti di follow-up. Pertanto, è ormai consolidato e dovrebbe essere indiscuti- bile. Non esiste una gerarchia tra questi principi e nessun governo può affermare di dover garan- tire la sicurezza politica o economica prima di affrontare i diritti umani e la democrazia.

La storia recente dimostra la validità del concetto dell’OSCE, secondo cui una società libera che consente a tutti di partecipare pienamente alla vita pubblica è una garanzia contro i conflitti e l’in- stabilità. L’invasione immotivata di Stati sovrani, gli arresti arbitrari e la detenzione di manife- stanti pacifici, o l’esclusione di individui o di determinati gruppi dalla società per motivi etnici o di altro tipo, hanno portato a un’ulteriore instabilità. Anche il rapido aumento dei flussi migra- tori e dei rifugiati, dovuto ad esempio ai conflitti o al cambiamento climatico, sta avendo un forte impatto sulla sicurezza.

Nella terminologia dell’OSCE, il termine “dimensione umana” viene utilizzato per descrivere l’insieme di norme e attività legate ai diritti umani, alla democrazia e allo Stato di diritto, che viene considerato all’interno dell’OSCE come una delle tre dimensioni della sicurezza, insieme alla dimensione politico-militare, economica e ambientale. Il termine indica anche che le norme OSCE in questo campo coprono un’area più ampia rispetto alla legislazione tradizionale in mate- ria di diritti umani.

2. Il “processo” dell’OSCE

Sin dai suoi inizi, l’OSCE ha perseguito un approccio ’processuale’. L’Atto Finale di Helsinki pre- vede conferenze e incontri di follow-up regolari. Questo è molto importante per comprendere il quadro dei diritti umani dell’OSCE.

In primo luogo, ciò significa che esiste un luogo in cui discutere l’attuazione degli standard con- cordati nelle riunioni precedenti. In secondo luogo, ha portato a una serie di documenti OSCE successivi che specificano ed elaborano gli impegni della dimensione umana adottati nei docu- menti precedenti. Di conseguenza, l’OSCE ha messo a punto un processo di creazione di norme molto flessibile e dinamico nel campo dei diritti umani, un processo tuttora in corso. Ciò ha por- tato al riconoscimento della tratta di esseri umani, precedentemente affrontata principalmente in un contesto di criminalità organizzata, come un problema di diritti umani, e al riconoscimento del crimine motivato dall’odio come una potenziale minaccia alla sicurezza nazionale e internazionale.

XII La dimensione umana dell’OSCE: Introduzione

Gli impegni dell’OSCE assumono generalmente la forma di documenti adottati per consenso durante i vertici o le riunioni ministeriali dell’OSCE. Ogni riunione si svolge in un particolare clima e contesto politico. Non sorprende che i vertici e le riunioni ministeriali dell’OSCE abbiano avuto caratteri diversi nel creare nuovi impegni. Mentre alcuni incontri, in particolare all’inizio degli anni ’90, hanno prodotto un’ampia serie di nuove norme importanti, altri si sono limitati ad apportare modifiche e aggiunte minori.

Questo approccio metodologico ha portato a un gran numero di documenti OSCE. Di conse- guenza, non è sempre facile per gli addetti ai lavori identificare quali norme si applichino ad una situazione specifica, soprattutto perché ogni documento contiene, in misura variabile, sia ripe- tizioni che innovazioni. Come linea guida di massima, l’utente dovrebbe notare che tutti questi documenti, insieme, formano il quadro esistente dell’OSCE. Pertanto, un documento non perde di validità nel momento in cui ne vengono adottati di nuovi. I documenti si basano l’uno sull’al- tro e costituiscono quello che potrebbe essere definito l’acquis dell’OSCE.

Sono stati adottati per consenso e sono quindi politicamente vincolanti per tutti gli Stati parteci- panti dell’OSCE. Ciò vale anche per gli Stati partecipanti ammessi successivamente, ai quali è stato richiesto di accettare l’acquis al momento dell’adesione.

Di conseguenza, un utilizzatore non dovrebbe basarsi solo su un singolo documento, ma veri- ficare invece l’intera serie di documenti esistenti, al fine di individuare l’effettiva portata degli impegni su un determinato diritto o libertà fondamentale. Spesso, un primo documento stabi- lisce solo un principio generale che viene poi ulteriormente elaborato nei documenti successivi. Tuttavia, poiché gli impegni e i documenti si basano l’uno sull’altro, un impegno contenuto in un documento iniziale non perde di forza se un documento successivo contiene solo un riferimento generale a questo diritto.

Allo stesso tempo, ogni documento, nel suo insieme, riflette un contesto storico specifico e la sua struttura segue una certa logica che colloca le diverse parti del documento in un contesto più ampio. La lettura del documento nella sua interezza può, allo stesso modo, fornire informazioni impor- tanti sulla comprensione e l’interpretazione delle norme in questione. Da qui il duplice approccio dei due volumi di questa raccolta: uno tematico e l’altro cronologico.

3. Impegni relativi alla dimensione umana e democrazia pluralistica basata sullo Stato di diritto

In alcuni casi, gli impegni dell’OSCE in materia di dimensione umana vanno ben oltre il livello previsto dagli strumenti “tradizionali”, giuridicamente vincolanti, in materia di diritti umani. Nei trattati tradizionali sui diritti umani vengono formulati i diritti individuali (o di gruppo) e lo Stato contraente ha l’obbligo di rispettare e/o garantire tali diritti. Le modalità di attuazione di questi obblighi, tuttavia, sono spesso lasciate alla discrezione degli Stati.

La dimensione umana dell’OSCE si spinge molto oltre, collegando i diritti umani al sistema istitu- zionale e politico di uno Stato. In sostanza, gli Stati dell’OSCE hanno concordato attraverso i loro impegni di dimensione umana che la democrazia pluralistica basata sullo stato di diritto è l’unico sistema di governo adatto a garantire efficacemente i diritti umani.

Ciò spiega perché la dimensione umana dell’OSCE sia stata descritta come un ordine pubblico comune paneuropeo (ordre public). In altre parole, l’OSCE non è semplicemente un’organizza- zione di 57 Stati partecipanti, ma una “comunità di valori” che sviluppa congiuntamente prassi e consuetudini normative. Questo legame si riflette anche nel forte impegno nei confronti dello

XIII La dimensione umana dell’OSCE: Introduzione

Stato di diritto e nel modo in cui viene formulato, come concetto basato sulla dignità della per- sona umana e su un sistema di diritti attraverso leggi e strutture giuridiche.

4. Impegni politicamente vincolanti

Il processo dell’OSCE è essenzialmente un processo politico che non crea norme o principi giu- ridicamente vincolanti. A differenza di molti altri documenti sui diritti umani, gli impegni sulla dimensione umana dell’OSCE sono politicamente, piuttosto che legalmente, vincolanti. Si tratta di una distinzione importante, in quanto limita l’applicabilità giuridica degli standard OSCE. In altre parole, gli impegni dell’OSCE non possono essere imposti da un tribunale.

Tuttavia, ciò non deve far pensare che gli impegni manchino di potere vincolante. La distinzione è tra legale e politico, e non tra vincolante e non vincolante. Ciò significa che gli impegni dell’O- SCE sono più di una semplice dichiarazione di volontà o di buone intenzioni; piuttosto, sono una promessa politica di rispettare questi standard.

Se le deliberazioni sui documenti giuridici internazionali di solito richiedono molto tempo prima di trovare un accordo su un testo finale, e i documenti finali sono soggetti a ratifiche e riserve, lo stesso non vale per i documenti dell’OSCE. La loro natura politica porta alla particolare situa- zione per cui, una volta raggiunto il consenso tra gli Stati, le decisioni entrano in vigore immedia- tamente e, in linea di principio, sono vincolanti per tutti gli Stati dell’OSCE (il cosiddetto principio di universalità).

Ciò consente all’OSCE di reagire rapidamente di fronte alle nuove esigenze. Ad esempio, quando all’inizio degli anni ’90 le violazioni dei diritti umani nei confronti delle minoranze aumentarono, fu l’OSCE a reagire per prima e a redigere una serie completa di standard nel campo della difesa delle minoranze. In seguito, questi standard politici sono serviti come base per la Convenzione quadro del Consiglio d’Europa sulla tutela delle minoranze nazionali, giuridicamente vincolante.

5. I diritti umani come questione di interesse internazionale

Un aspetto fondamentale della dimensione umana dell’OSCE è che i diritti umani e la democra- zia pluralistica non sono considerati questioni interne di uno Stato. Gli Stati partecipanti hanno sottolineato che le questioni relative ai diritti umani, alle libertà fondamentali, alla democrazia e allo Stato di diritto sono di interesse internazionale, in quanto il rispetto di questi diritti e libertà costituisce uno dei fondamenti dell’ordine internazionale.

Gli Stati partecipanti hanno infatti dichiarato “categoricamente e irrevocabilmente” che “gli impe- gni assunti nel campo della dimensione umana dell’OSCE sono questioni di interesse diretto e legit- timo per tutti gli Stati partecipanti e non appartengono esclusivamente agli affari interni dello Stato interessato” (Documento di Mosca, 1991). Pertanto, gli Stati partecipanti all’OSCE non pos- sono invocare il principio di non intervento per evitare discussioni sulle questioni relative ai diritti umani all’interno dei loro Paesi. Ciò spiega perché l’OSCE non sia solo una comunità di valori, ma anche una comunità di responsabilità. E va sottolineato che questa responsabilità si concentra non solo sul diritto di criticare gli altri Stati in relazione alle violazioni degli impegni di dimen- sione umana, ma anche sul dovere di assistersi reciprocamente nella soluzione di problemi specifici.

XIV La dimensione umana dell’OSCE: Introduzione

6. Limitazioni e relazione ai trattati internazionali sui diritti umani

Gli impegni dell’OSCE riflettono i diritti umani e le libertà tradizionali, nonché alcune aree che vanno oltre l’ambito del diritto tradizionale in materia di diritti umani. Come in altri trattati sui diritti umani, una questione importante è la misura in cui i diritti possano essere limitati. Que- sto è importante per qualsiasi esperto che cerchi di stabilire se un diritto specifico sia stato vio- lato o meno. Alcune delle libertà sancite dall’OSCE contengono clausole di limitazione specifiche. Tuttavia, il Documento di Copenaghen dell’OSCE stabilisce un’importante regola generale per i diritti menzionati in questo documento: non saranno soggetti a restrizioni se non quelle previste dalla legge e coerenti con gli altri obblighi del diritto internazionale, come il Patto internazionale sui diritti civili e politici. Le restrizioni non devono essere applicate in modo arbitrario e devono sempre essere considerate come eccezioni alla regola generale del rispetto della libertà individuale. Qualunque limitazione va rigorosamente commisurata all’obiettivo di legge. Questo criterio di pro- porzionalità richiede un’interpretazione restrittiva, soprattutto perché qualsiasi interferenza deve essere valutata rispetto al grande valore di queste libertà fondamentali per una società democra- tica libera e aperta. Tali questioni sono divenute particolarmente rilevanti per garantire il conti- nuo funzionamento delle istituzioni democratiche e il rispetto dei diritti umani a seguito dello scoppio della pandemia da Covid-19.

B. Istituzioni e attuazione

1. La responsabilità di attuazione degli impegni dell’OSCE in materia di dimensione umana

Il quadro dei diritti umani sopra descritto esiste a beneficio di tutti coloro che vivono nell’area OSCE e, in effetti, descrive i diritti umani e le libertà fondamentali come “diritti fondamentali di tutti gli individui”. Il compito di garantire questi diritti spetta in primo luogo agli Stati parteci- panti dell’OSCE. Gli impegni dell’OSCE sulla dimensione umana sono rivolti — in linea con altri trattati internazionali sui diritti umani — agli Stati partecipanti. Gli impegni rafforzano questo principio generale, sottolineando che la tutela e la promozione dei diritti umani e delle libertà fon- damentali è “la responsabilità principale del governo” (Carta di Parigi, 1990).

Fin dall’inizio, è stato chiaro che la formulazione di standard non è sempre sufficiente, da sola, a garantire l’effettiva attuazione degli impegni relativi alla dimensione umana. Le procedure inter- nazionali dovrebbero svolgere un’importante funzione complementare a questo proposito. Di conse- guenza, l’OSCE ha creato una serie di procedure, conferenze e istituzioni che aiutano a monitorare e assistere l’attuazione degli impegni in materia di dimensione umana dell’OSCE.

A differenza di altri trattati sui diritti umani*, l’OSCE non ha istituito un tribunale o un altro organo di istanza individuale per garantire l’attuazione degli impegni assunti. Ciò riflette il carat- tere politico del processo OSCE e l’intenzione di non duplicare i meccanismi esistenti. Al contra- rio, l’OSCE rafforza questi importanti meccanismi e invita gli Stati partecipanti a sottoscriverli e a rispettare gli standard stabiliti da altre organizzazioni internazionali. È inoltre importante notare che l’assenza di un meccanismo di ricorso individuale non esclude che i singoli casi possano essere portati all’attenzione degli organi politici dell’OSCE.

* Si veda, ad esempio, la Convenzione europea dei diritti dell’uomo che istituisce la Corte europea dei diritti dell’uomo o il Patto internazionale dell’ONU relativo ai diritti civili e politici che istituisce il Comitato dei diritti umani delle Nazioni Unite.

XV La dimensione umana dell’OSCE: Introduzione

2. Vertici e altri incontri di follow-up

Come precedentemente menzionato, l’Atto Finale di Helsinki prevedeva conferenze di follow-up regolari, a testimonianza della consapevolezza della necessità di un dialogo continuo per rendere efficace l’accordo. Questo approccio metodologico ha creato nel tempo un sistema raffinato di ver- tici politici e altre conferenze nelle quali si discute l’attuazione degli impegni dell’OSCE*.

Questa complessa struttura di vertici, incontri, conferenze e seminari genera due effetti importanti. In primo luogo, consente agli Stati partecipanti di intraprendere un processo dinamico di creazione di norme. Gli Stati partecipanti possono reagire rapidamente alle nuove esigenze e basarsi sugli impegni OSCE precedenti per specificarne l’applicazione. In secondo luogo, costituisce una sede nella quale discutere l’effettiva attuazione degli impegni in materia di dimensione umana da parte degli Stati partecipanti all’OSCE. Ciò riflette il principio che il rispetto degli impegni OSCE è un argomento di interesse diretto e legittimo per tutti gli Stati partecipanti all’OSCE e non riguarda gli affari interni di nessuno Stato in particolare.

Una caratteristica importante delle riunioni dell’OSCE sulla dimensione umana è che sono aperte alla partecipazione attiva delle organizzazioni non governative (ONG). In questo modo, le ONG possono partecipare e partecipano effettivamente alla risoluzione delle questioni inerenti l’effet- tiva attuazione degli impegni dell’OSCE in materia di dimensione umana e forniscono consigli su come risolvere i problemi.

3. Il meccanismo della dimensione umana

Oltre a questi incontri regolari, l’OSCE ha anche istituito un cosiddetto meccanismo della dimen- sione umana, il Meccanismo di Vienna† e il Meccanismo di Mosca‡, quest’ultimo in parte costituisce un’ulteriore elaborazione del Meccanismo di Vienna. Insieme, fissano un processo di supervisione dell’attuazione degli impegni relativi alla dimensione umana, che può essere invocato ad hoc da ogni singolo Stato partecipante all’OSCE.

Il Meccanismo di Vienna consente a uno Stato partecipante, attraverso una serie di procedure, di sollevare questioni relative alla dimensione umana in un altro Stato partecipante dell’OSCE. Il Meccanismo di Mosca prende spunto da questo e prevede l’ulteriore possibilità di istituire missioni ad hoc di esperti indipendenti per assistere nella risoluzione di una specifica questione relativa alla dimensione umana. Ciò include il diritto di indagare sulle presunte violazioni degli impegni relativi alla dimensione umana anche, in circostanze eccezionali, senza il consenso dello Stato accusato.

* I vertici dell’OSCE e le riunioni del Consiglio dei ministri di solito adottano nuove dichiarazioni e documenti. I vertici dell’OSCE sono preceduti dalle conferenze di riesame che discutono la conformità agli standard dell’O- SCE e preparano il documento finale da adottare al successivo vertice. Le riunioni dell’OSCE sull’attuazione della dimensione umana dovrebbero svolgersi negli anni in cui non è previsto alcun vertice OSCE e fornire un foro per discutere l’attuazione degli impegni OSCE relativi alla dimensione umana. Si prevede inoltre che ogni anno vengano organizzati un seminario e tre riunioni supplementari sulla dimensione umana. Per ulteriori informazioni, consultare il sito web dell’ODIHR all’indirizzo www.osce.org/odihr. † Come stabilito nel Documento conclusivo di Vienna del 1989. ‡ Il Meccanismo di Mosca è stato concordato nell’ultima riunione della Conferenza sulla Dimensione Umana della CSCE a Mosca (1991). L’istituzione dell’OSCE competente, l’Ufficio per le istituzioni democratiche e i diritti umani, mantiene un elenco attivo di esperti come richiesto dal Meccanismo di Mosca.

XVI La dimensione umana dell’OSCE: Introduzione

4. Istituzioni OSCE rilevanti per la dimensione umana

Discostandosi dall’approccio congressuale dei primi anni, l’OSCE ha creato una serie di istituzioni permanenti per assistere gli Stati partecipanti nell’attuazione degli impegni relativi alla dimen- sione umana dell’OSCE. Di seguito viene fornita una panoramica delle principali istituzioni che si occupano di questioni relative alla dimensione umana, senza fornire un resoconto completo dei loro ruoli e delle loro attività.

A. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo

Originariamente istituito come Ufficio per le Libere Elezioni nel 1991*, l’Ufficio per le istituzioni democratiche e i diritti umani (ODIHR) dell’OSCE, con sede a Varsavia, è la principale istitu- zione dell’OSCE che si occupa della dimensione umana. Il Documento di Helsinki del 1992 ha definito il mandato dell’ODIHR affinché aiuti gli Stati partecipanti dell’OSCE a “garantire il pieno rispetto dei diritti umani e delle libertà fondamentali, ad attenersi allo Stato di diritto, a promuo- vere i principi della democrazia e a costruire, rafforzare e proteggere le istituzioni democratiche, nonché a promuovere la tolleranza in tutta la società”.

In conformità al suo mandato e ai compiti contenuti in una serie di documenti, l’ODIHR promuove i processi elettorali democratici attraverso il monitoraggio accurato delle elezioni, esegue progetti di assistenza elettorale che rafforzano una democrazia partecipativa significativa e assiste gli Stati partecipanti dell’OSCE nell’attuazione dei loro impegni in materia di dimensione umana, moni- torando altri processi democratici e il rispetto dei diritti umani, oltre a fornire competenze e sup- porto pratico nella costruzione di istituzioni democratiche. Ciò avviene attraverso programmi a lungo termine per il rafforzamento dello Stato di diritto, della governance democratica e della società civile, con cui l’ODIHR intrattiene una stretta collaborazione permanente.

L’ODIHR assiste anche le missioni sul campo dell’OSCE per quanto concerne le loro attività sulla dimensione umana, attraverso la formazione, lo scambio di esperienze e il coordinamento regio- nale, e contribuisce alla segnalazione tempestiva e alla prevenzione dei conflitti attraverso il moni- toraggio dell’attuazione degli impegni sulla dimensione umana dell’OSCE da parte degli Stati partecipanti. A questo scopo, offre anche una formazione regolare sui diritti umani alle autorità governative, alla società civile e al personale dell’OSCE.

L’ODIHR assiste inoltre gli Stati partecipanti nell’attuazione degli obblighi giuridici internazio- nali e degli impegni OSCE in materia di antiterrorismo, nel rispetto degli standard internazionali sui diritti umani e nell’attuazione degli impegni in materia di tolleranza e non discriminazione. In questo contesto, sostiene anche gli sforzi per rispondere e combattere i crimini motivati dall’o- dio e gli episodi di razzismo, antisemitismo e altre forme di intolleranza, anche nei confronti dei musulmani. L’ODIHR funge da punto di contatto OSCE per le questioni di Rom e Sinti e cerca di promuovere la piena integrazione degli stessi nelle società in cui vivono. In tutte le sue attività, l’ODIHR sviluppa politiche e azioni per garantire l’integrazione di genere e implementa attività volte a migliorare la situazione delle donne nella regione OSCE.

Per strutturare le proprie attività sulla dimensione umana, l’ODIHR organizza incontri regolari che fanno il punto sugli impegni in materia di dimensione umana dell’OSCE e ne raccomandano il follow-up. In tutte le sue attività, l’ODIHR si avvale di una rete di partner attivi in aree cor- relate, tra cui organizzazioni non governative per i diritti umani internazionali e locali, nonché

* La decisione di creare l’Ufficio per le Libere Elezioni è stata presa al vertice di Parigi nel 1990. L’Ufficio è stato aperto nel 1991.

XVII La dimensione umana dell’OSCE: Introduzione

organizzazioni governative internazionali, in particolare l’Ufficio dell’Alto Commissario delle Nazioni Unite per i Diritti Umani e il Consiglio d’Europa.

B. Alto Commissario per le minoranze nazionali

L’Alto Commissario per le minoranze nazionali dell’OSCE, istituito a L’Aia nel 1992, ha il com- pito di identificare — e cercare di risolvere tempestivamente — le tensioni etniche che potrebbero mettere in pericolo la pace, la stabilità o le relazioni amichevoli tra gli Stati partecipanti all’OSCE.

Operando in modo indipendente da tutte le parti coinvolte, l’Alto Commissario conduce missioni in loco e si impegna nella diplomazia preventiva nelle prime fasi di tensione. Oltre a cercare infor- mazioni dirette, l’Alto Commissario cerca di promuovere il dialogo, la fiducia e la cooperazione.

C. Rappresentante per la libertà dei media

Il Rappresentante dell’OSCE per la libertà dei media assiste gli Stati partecipanti nella promozione di media liberi, indipendenti e pluralistici quale elemento fondamentale di una democrazia plurali- stica funzionante. Il Rappresentante, il cui ufficio si trova a Vienna, osserva lo sviluppo dei media in tutti gli Stati partecipanti e sostiene e promuove il rispetto dei relativi principi e impegni dell’OSCE.

5. Considerazioni conclusive

Gli Stati partecipanti all’OSCE hanno creato un corpus straordinario di norme e principi nell’area della dimensione umana. I documenti dell’OSCE costituiscono una miniera di impegni importanti in materia di diritti umani, che hanno fatto dell’Organizzazione un protagonista dell’innovazione in questo campo. Si auspica che la presente pubblicazione promuova ulteriormente la conoscenza e l’attuazione dei numerosi impegni, spesso molto specifici, che gli Stati partecipanti all’OSCE hanno assunto nell’ambito dei diritti umani e delle libertà fondamentali, dello Stato di diritto e della democrazia.

XVIII Documenti OSCE citati in questa Raccolta

Atto finale della Conferenza sulla sicurezza e la cooperazione in Europa, Helsinki, 1 agosto 1975 (di seguito denominato Helsinki 1975)

Documento conclusivo di Madrid — Seconda riunione di follow-up, Madrid, 6 settembre 1983 (di seguito denominato Madrid 1983)

Documento conclusivo di Vienna — Terza riunione di follow-up, Vienna, 15 gennaio 1989 (di seguito denominato Vienna 1989)

Rapporto sulle Conclusioni e Raccomandazioni della Riunione sulla Protezione dell’Ambiente, Sofia, 3 novembre 1989 (di seguito denominato Sofia 1989)

Documento della Conferenza di Bonn sulla Cooperazione Economica in Europa, Bonn, 11 aprile 1990 (di seguito denominato Bonn 1990)

Documento della Riunione di Copenhagen della Conferenza sulla Dimensione Umana della CSCE, Copenhagen, 29 giugno 1990 (di seguito denominato Copenhagen 1990)

Carta di Parigi per una Nuova Europa/Documento supplementare per l’attuazione di talune dispo- sizioni contenute nella carta di Parigi per una nuova Europa, Parigi, 21 novembre 1990 (di seguito denominato Parigi 1990)

Documento del Simposio di Cracovia sul patrimonio culturale degli Stati partecipanti alla CSCE, Cracovia, 6 giugno 1991 (di seguito denominato Cracovia 1991)

Resoconto della Riunione CSCE degli esperti sulle minoranze nazionali, Ginevra, 19 luglio 1991 (di seguito denominato Ginevra 1991)

Documento della riunione di Mosca della Conferenza sulla dimensione umana della CSCE, Mosca, 3 ottobre 1991 (di seguito denominato Mosca 1991)

Documento della seconda riunione del Consiglio, Praga, 30–31 gennaio 1992 (di seguito denomi- nato Praga 1992)

Documento conclusivo di Helsinki — Quarta riunione di follow-up, Helsinki, 10 luglio 1992 (di seguito denominato Helsinki 1992)

XIX Documenti OSCE citati in questa Raccolta

Documento della terza riunione del Consiglio, Stoccolma, 14–15 dicembre 1992 (di seguito deno- minato Stoccolma 1992)

Documento della quarta riunione del Consiglio, Roma, 30 Novembre — 1 dicembre 1993 (di seguito denominato Roma 1993)

Documento conclusivo di Budapest, 6 dicembre 1994 (di seguito denominato Budapest 1994)

Documento di Lisbona, Lisbona, 3 dicembre 1996 (di seguito denominato Lisbona 1996)

Documento della sesta riunione del Consiglio dei ministri, Copenhagen, 18–19 dicembre 1997 (di seguito denominato Copenhagen 1997)

Documento della settima riunione del Consiglio dei ministri, Oslo, 2–3 dicembre 1998 (di seguito denominato Oslo 1998)

Documento di Istanbul, Istanbul, 19 novembre 1999 (di seguito denominato Istanbul 1999)

Documento dell’ottava riunione del Consiglio dei ministri, Vienna, 27–28 novembre 2000 (di seguito denominato Vienna 2000)

Documento della nona riunione del Consiglio dei ministri, Bucarest, 3–4 dicembre 2001 (di seguito denominato Bucarest 2001)

Documento della decima riunione del Consiglio dei ministri, Porto, 6–7 dicembre 2002 (di seguito denominato Porto 2002)

Documento dell’undicesima riunione del Consiglio dei ministri, Maastricht, 1–2 dicembre 2003 (di seguito denominato Maastricht 2003)

Documento della dodicesima riunione del Consiglio dei Ministri, Sofia, 6–7 dicembre 2004 (di seguito denominato Sofia 2004)

Documento della tredicesima riunione del Consiglio dei ministri, Lubiana, 5–6 dicembre 2005 (di seguito denominato Lubiana 2005)

Documento della quattordicesima riunione del Consiglio dei ministri, Bruxelles, 4–5 dicembre 2006 (di seguito denominato Bruxelles 2006)

Documento della quindicesima riunione del Consiglio dei ministri, Madrid, 29–30 novembre 2007 (di seguito denominato Madrid 2007)

Documento della sedicesima riunione del Consiglio dei ministri, Helsinki, 4–5 dicembre 2008 (di seguito denominato Helsinki 2008)

Documento della diciassettesima riunione del Consiglio dei ministri, Atene, 1–2 dicembre 2009 (di seguito denominato Atene 2009)

Dichiarazione commemorativa di Astana, Astana, 2 dicembre 2010 (di seguito denominato Astana 2010)

XX Documenti OSCE citati in questa Raccolta

Documento della diciottesima riunione del Consiglio dei ministri, Vilnius, 7 dicembre 2011 (di seguito denominato Vilnius 2011)

Documento della diciannovesima riunione del Consiglio dei ministri, Dublino, 7 dicembre 2012 (di seguito denominato Dublino 2012)

Documento della ventesima riunione del Consiglio dei ministri, Kiev, 6 dicembre 2013 (di seguito denominato Kiev 2013)

Documento della ventunesima riunione del Consiglio dei ministri, Basilea, 5 dicembre 2014 (di seguito denominato Basilea 2014)

Documento della ventiduesima riunione del Consiglio dei ministri, Belgrado, 4 dicembre 2015 (di seguito denominato Belgrado 2015)

Documento della ventitreesima riunione del Consiglio dei ministri, Amburgo, 9 dicembre 2016 (di seguito denominato Amburgo 2016)

Documento della ventiquattresima riunione del Consiglio dei ministri, Vienna, 8 dicembre 2017 (di seguito denominato Vienna 2017)

Documento della venticinquesima riunione del Consiglio dei ministri, Milano, 7 dicembre 2018 (di seguito denominato Milano 2018)

Documento della ventisettesima riunione del Consiglio dei ministri, Tirana, 4 dicembre 2020 (di seguito denominato Tirana 2020)

XXI Disposizioni generali relative alla dimensione umana 1. Introduzione alla dimensione umana 1 1.1 Natura ed importanza della dimensione umana

1.1 Natura ed importanza della dimensione umana

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti; Principi VII-IX)

Gli Stati partecipanti riconoscono il significato universale dei diritti dell’uomo e delle libertà fonda- mentali, il cui rispetto è un fattore essenziale della pace, della giustizia e del benessere necessari ad assicurare lo sviluppo di relazioni amichevoli e della cooperazione fra loro, come fra tutti gli Stati. (…)

Essi si adopereranno, nello sviluppare la loro cooperazione da eguali, per promuovere reciproca comprensione e fiducia, relazioni amichevoli e di buon vicinato fra loro, pace e sicurezza internazio- nali e giustizia. Essi si adopereranno parimenti, nello sviluppare la loro cooperazione, per miglio- rare il benessere dei popoli e per contribuire al soddisfacimento delle loro aspirazioni mediante, fra l’altro, i vantaggi risultanti da una maggiore conoscenza reciproca e dal progresso e dalle rea- lizzazioni in campo economico, scientifico, tecnico, sociale, culturale e umanitario. Essi si ado- pereranno per promuovere condizioni favorevoli per rendere questi vantaggi accessibili a tutti; essi prenderanno in considerazione l’interesse di tutti nella riduzione dei divari nei livelli di svi- luppo economico, e in particolare l’interesse dei paesi in via di sviluppo in ogni parte del mondo.

Copenhagen 1990 (Preambolo)

Gli Stati partecipanti esprimono la propria convinzione che il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali e lo sviluppo di società basate su una democrazia pluralistica e sullo Stato di diritto sono requisiti preliminari per progredire verso la costituzione di un ordine dure- vole di pace, sicurezza, giustizia e cooperazione che essi cercano di stabilire in Europa.

(1) Gli Stati partecipanti esprimono il proprio convincimento che la tutela e la promozione dei diritti dell’uomo e delle libertà fondamentali costituiscono uno dei fini fondamentali dello Stato e riaffermano che il riconoscimento di tali diritti e libertà costituisce il fondamento della libertà, della giustizia e della pace. (…)

(41) Gli Stati partecipanti riaffermano il proprio impegno nei confronti della Dimensione Umana della CSCE e sottolineano la sua importanza in quanto parte integrante di un approccio equili- brato alla sicurezza e alla cooperazione in Europa. (…)

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Dichiariamo che il nostro rispetto per i diritti dell’uomo e le libertà fondamentali è irrevocabile. (…)

3 1.1 Natura ed importanza della dimensione umana

Helsinki 1992 (Dichiarazione del Vertice)

6. Accogliamo con favore l’impegno di tutti gli Stati partecipanti per i nostri valori comuni. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, inclusi i diritti delle persone apparte- nenti alle minoranze nazionali, la democrazia, lo stato di diritto, la libertà economica, la giusti- zia sociale e la responsabilità nei confronti dell’ambiente sono nostri obiettivi comuni. Essi sono immutabili. (…)

21. Il nostro approccio si basa sul nostro concetto globale di sicurezza che ha origine nell’Atto Finale.

Tale concetto mette in relazione il mantenimento della pace con il rispetto dei diritti dell’uomo e delle libertà fondamentali. Esso collega la solidarietà e la cooperazione economica ed ambien- tale con relazioni interstatali pacifiche. Esso è egualmente valido nella gestione dei cambiamenti così come è stato necessario per mitigare il confronto.

Sezione VI: Dimensione Umana

Budapest 1994 (Dichiarazione del Vertice)

14. Confermiamo l’importanza della dimensione umana per le tutte le attività della CSCE. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto è una componente essenziale della sicurezza e della cooperazione nella regione CSCE. Esso deve rimanere un obiettivo prioritario dell’attività CSCE. (…) Sottolineiamo l’importanza dei contatti umani per superare il retaggio delle vecchie divisioni.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

2. I diritti dell’uomo e le libertà fondamentali, lo stato di diritto e le istituzioni democratiche costi- tuiscono il fondamento della pace e della sicurezza e contribuiscono in maniera determinante alla prevenzione dei conflitti nell’ambito di un concetto di sicurezza globale. La tutela dei diritti dell’uomo, inclusi i diritti delle persone appartenenti a minoranze nazionali, è un fondamento essenziale della società civile democratica. Il mancato rispetto di tali diritti ha contribuito, in casi gravi, all’estremismo, all’instabilità regionale ed ai conflitti. (…)

Istanbul 1999 (Carta per la sicurezza europea: II. I nostri comuni fondamenti)

4 1 1.1 Natura ed importanza della dimensione umana

e tutte le persone nell’ambito dei rispettivi territori. (…) La loro attuazione in buona fede è essen- ziale per le relazioni tra Stati, tra governi e rispettivi popoli, nonché tra le organizzazioni di cui essi sono membri. (…) Consideriamo tali impegni una nostra realizzazione comune (…). (…)

9. Svilupperemo le nostre relazioni conformemente al concetto di sicurezza comune e globale, gui- dati da principi di partnership paritaria, solidarietà e trasparenza. La sicurezza di ogni Stato par- tecipante è indissolubilmente legata a quella di tutti gli altri. Considereremo le dimensioni umana, economica, politica e militare della sicurezza come un tutto integrale.

Porto 2002 (Dichiarazione del Consiglio dei ministri)

3. (…) la nostra Organizzazione deve elaborare nuove risposte di fronte alla natura mutevole delle minacce alla nostra sicurezza, convogliando e potenziando le tre dimensioni del nostro approc- cio globale. Il nostro sforzo volto a promuovere la pace e la stabilità deve andare di pari passo con la nostra ferma volontà di garantire il pieno rispetto dei diritti umani, delle libertà fondamentali e dello stato di diritto, e di potenziare le condizioni essenziali per lo sviluppo sostenibile in tutti i nostri Stati.

Maastricht 2003 (I. Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo; Minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

4. Il rispetto dei diritti dell’uomo e delle libertà fondamentali, della democrazia e dello stato di diritto si trova al centro del concetto globale di sicurezza dell’OSCE. Solide istituzioni demo- cratiche e stato di diritto svolgono un ruolo importante nel prevenire l’insorgere di minacce. Governi deboli e l’incapacità degli Stati di garantire istituzioni democratiche adeguate e funzio- nali che siano in grado di promuovere la stabilità, possono di per sé costituire un terreno fertile per una serie di minacce. Violazioni sistematiche dei diritti dell’uomo e delle libertà fondamen- tali, inclusi i diritti di persone appartenenti a minoranze nazionali, possono allo stesso modo dare origine a un’ampia serie di minacce potenziali. (…)

8. Di fronte a tale scenario è evidente che l’approccio globale dell’OSCE alla sicurezza, che com- prende le dimensioni politico-militare, economico-ambientale e umana, resta pienamente valido e dovrebbe essere mantenuto e rafforzato ulteriormente.

9. (…) la non osservanza del diritto internazionale e delle norme e principi OSCE, nonché una serie di fattori che rientrano nelle dimensioni politico-militare, economico-ambientale e umana, sono alla base delle cause dirette dei conflitti violenti.

Astana 2010

1. Noi, Capi di Stato e di Governo dei 56 Stati partecipanti all’OSCE, ci siamo riuniti ad Astana undici anni dopo l’ultimo Vertice OSCE di Istanbul per riaffermare il nostro impegno per la visione di una comunità di sicurezza euroatlantica e eurasiatica libera, democratica, comune e indivisibile, che si estende da Vancouver a Vladivostok, fondata su principi concordati, impegni condivisi e obiettivi comuni. Nel celebrare il 35° anniversario dell’Atto finale di Helsinki e il 20° anniversario della Carta di Parigi per una nuova Europa, ribadiamo l’importanza dei principi su cui si fonda questa Orga- nizzazione e il nostro impegno verso di essi. Pur avendo compiuto molti progressi, riconosciamo

5 1.2 La dimensione umana come questione di diretta e legittima rilevanza internazionale

anche che molto rimane da fare per assicurare il pieno rispetto e la piena attuazione di tali prin- cipi e impegni fondamentali da noi assunti nel quadro delle dimensioni politico-militare, econo- mica e ambientale e umana, con particolare riguardo ai diritti umani e alle libertà fondamentali.

2. Riaffermiamo la nostra piena adesione alla Carta delle Nazioni Unite e a tutti i principi, impe- gni e norme dell’OSCE, a partire dall’Atto finale di Helsinki, dalla Carta di Parigi, dalla Carta per la sicurezza europea e da tutti gli altri documenti OSCE da noi concordati, nonché la nostra responsabilità di attuarli pienamente e in buona fede. Ribadiamo il nostro impegno per il concetto introdotto nell’Atto finale di una sicurezza globale, cooperativa, equa e indivisibile, che pone in relazione il mantenimento della pace con il rispetto dei diritti dell’uomo e delle libertà fondamen- tali e collega la cooperazione economica e ambientale con relazioni interstatali pacifiche. (…)

4. Tali norme, principi e impegni ci hanno consentito di compiere progressi superando vecchie controversie e avvicinandoci alla democrazia, alla pace e all’unità in tutta l’area dell’OSCE. Essi devono continuare a guidarci nel ventunesimo secolo nel nostro sforzo comune volto a tradurre in realtà la visione ambiziosa di Helsinki e Parigi per tutti i nostri popoli. Tali documenti, così come tutti gli altri documenti OSCE, stabiliscono norme chiare per le relazioni fra gli Stati partecipanti e per il trattamento che tali Stati riservano a tutti coloro che risiedono nel loro territorio. (…) (…)

6. L’approccio globale e cooperativo dell’OSCE alla sicurezza, con cui vengono affrontate le dimen- sioni umana, economica e ambientale e politico-militare della sicurezza nella loro totalità, resta indispensabile. Convinti che la dignità intrinseca dell’individuo è al centro della sicurezza globale, ribadiamo che i diritti dell’uomo e le libertà fondamentali sono inalienabili e che la loro tutela e la loro promozione sono la nostra responsabilità primaria. (…)

1.2 La dimensione umana come questione di diretta e legittima rilevanza internazionale

Mosca 1991 (Preambolo)

Gli Stati partecipanti sottolineano che le questioni relative ai diritti dell’uomo, alle libertà fon- damentali, alla democrazia e allo stato di diritto rivestono un interesse internazionale, in quanto il rispetto di tali diritti e libertà costituisce uno dei fondamenti dell’ordine internazionale. Essi dichiarano categoricamente ed irrevocabilmente che gli impegni assunti nel campo della dimen- sione umana della CSCE sono questioni di diretto e legittimo interesse per tutti gli Stati parteci- panti e non rientrano esclusivamente negli affari interni dello Stato interessato.

Lisbona 1996 (Dichiarazione su un modello di sicurezza comune e globale per l’Europa del ventunesimo secolo)

5. Riconosciamo che, nell’ambito dell’OSCE, gli Stati sono responsabili di fronte ai loro cittadini e gli uni verso gli altri dell’attuazione degli impegni OSCE.

6 1 1.2 La dimensione umana come questione di diretta e legittima rilevanza internazionale

Istanbul 1999 (Carta per la sicurezza europea: II. I nostri comuni fondamenti)

7. (…) Tutti gli impegni OSCE, senza eccezione, sono applicabili nello stesso modo a tutti gli Stati partecipanti. (…) Consideriamo tali impegni una nostra realizzazione comune e pertanto riteniamo che siano questioni di immediato e legittimo interesse per tutti gli Stati partecipanti.

Astana 2010

3. (…) Riaffermiamo inoltre che tutti i principi e gli impegni OSCE, senza eccezione, si applicano nello stesso modo a tutti gli Stati partecipanti (…) Consideriamo tali impegni un nostro risul- tato comune e li riteniamo pertanto questioni di immediato e legittimo interesse per tutti gli Stati partecipanti.

6. (…). Riaffermiamo categoricamente e irrevocabilmente che gli impegni assunti nel campo della dimensione umana sono questioni di diretto e legittimo interesse per tutti gli Stati partecipanti e non rientrano esclusivamente negli affari interni dello Stato interessato.

7 2. Attuazione degli impegni 2.1 L’obbligo attuativo

2.1 L’obbligo attuativo

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che 2 reggono le relazioni fra gli Stati partecipanti — Principi VII-X)

[Gli Stati partecipanti] (…) rispettano costantemente tali diritti e libertà nei loro reciproci rapporti e si adoperano congiuntamente e separatamente, nonché in cooperazione con le Nazioni Unite, per promuoverne il rispetto universale ed effettivo. (…)

(…) Nell’esercizio dei loro diritti sovrani, compreso il diritto di determinare le loro leggi e regola- menti, essi si conformano ai loro obblighi giuridici di diritto internazionale; essi tengono inoltre in debita considerazione e applicano le disposizioni dell’Atto finale della Conferenza sulla Sicu- rezza e la Cooperazione in Europa. (…)

Tutti i principi sopra enunciati sono di importanza fondamentale e, di conseguenza, saranno appli- cati in modo eguale e senza riserva, ciascuno di essi essendo interpretato tenendo conto degli altri.

Gli Stati partecipanti esprimono la loro determinazione di rispettare ed applicare pienamente que- sti principi, come enunciati nella presente Dichiarazione, in tutti gli aspetti, nelle loro relazioni reciproche e nella loro cooperazione, al fine di assicurare a ciascuno Stato partecipante i vantaggi risultanti dal rispetto e dall’applicazione di questi principi da parte di tutti.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Preambolo)

Gli Stati partecipanti esprimono la loro determinazione (…)

di adempiere coerentemente tutte le disposizioni dell’Atto Finale e, in particolare, di rispettare e applicare rigorosamente e senza riserve tutti i dieci principi contenuti nella Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, indipendentemente dai loro sistemi politici, economici o sociali, nonché dalla loro dimensione, posizione geografica o livello di svi- luppo economico (…).

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Gli Stati partecipanti ribadiscono la loro determinazione di promuovere e incoraggiare l’esercizio effettivo dei diritti dell’uomo e delle libertà fondamentali, che derivano tutti dalla dignità inerente alla persona umana e sono essenziali al suo libero e pieno sviluppo, e di assicurare un progresso costante e tangibile conformemente all’Atto Finale, mirando ad un ulteriore e continuo sviluppo in questo campo in tutti gli Stati partecipanti indipendentemente dai loro sistemi politici, econo- mici e sociali.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Dichiariamo che il nostro rispetto per i diritti dell’uomo e le libertà fondamentali è irrevocabile. Attueremo e svilupperemo pienamente le disposizioni relative alla dimensione umana della CSCE.

9 2.1 L’obbligo attuativo

Mosca 1991 (Preambolo)

Helsinki 1992 (Dichiarazione del Vertice)

6. (…) L’adesione ai nostri impegni costituisce la base per la partecipazione e la cooperazione in seno alla CSCE e una pietra miliare per l’ulteriore sviluppo delle nostre società.

Istanbul 1999 (Carta per la sicurezza europea: II. I nostri comuni fondamenti)

7. Riaffermiamo la nostra piena adesione alla Carta delle Nazioni Unite e all’Atto Finale di Hel- sinki, alla Carta di Parigi nonché a tutti gli altri documenti OSCE da noi concordati. Tali docu- menti rappresentano i nostri impegni comuni e sono il fondamento della nostra opera. (…) Tutti gli impegni OSCE, senza eccezione, sono applicabili nello stesso modo a tutti gli Stati partecipanti. La loro attuazione in buona fede è essenziale per le relazioni tra Stati, tra governi e rispettivi popoli, nonché tra le organizzazioni di cui essi sono membri. Gli Stati partecipanti sono responsabili, nei confronti dei propri cittadini e nei confronti di ciascun altro Stato partecipante, dell’attuazione degli impegni OSCE. Consideriamo tali impegni una nostra realizzazione comune e pertanto riteniamo che siano questioni di immediato e legittimo interesse per tutti gli Stati partecipanti.

Bruxelles 2006 (Decisione N.19/06 sul rafforzamento dell’efficienza dell’OSCE)

Il Consiglio dei ministri, (…)

3. rammenta agli Stati partecipanti l’esigenza di mantenere le loro legislazioni e le loro prassi in linea con gli impegni OSCE;

4. prende nota della valutazione sullo stato corrente di attuazione degli impegni esistenti da parte degli Stati partecipanti e sottolinea, in particolare, che sono gli Stati partecipanti stessi responsa- bili dell’efficace attuazione degli impegni assunti nell’ambito dell’OSCE. L’ODIHR, a tale riguardo, svolge un importante ruolo nell’assisterli; (…)

Astana 2010

1. (…) Nel celebrare il 35° anniversario dell’Atto finale di Helsinki e il 20° anniversario della Carta di Parigi per una nuova Europa, ribadiamo l’importanza dei principi su cui si fonda questa Orga- nizzazione e il nostro impegno verso di essi. Pur avendo compiuto molti progressi, riconosciamo anche che molto rimane da fare per assicurare il pieno rispetto e la piena attuazione di tali prin- cipi e impegni fondamentali da noi assunti nel quadro delle dimensioni politico-militare, econo- mica e ambientale e umana, con particolare riguardo ai diritti umani e alle libertà fondamentali.

10 2.2 Metodi attuativi

3. (…) Riaffermiamo inoltre che tutti i principi e gli impegni OSCE, senza eccezione, si applicano nello stesso modo a tutti gli Stati partecipanti e sottolineiamo la nostra responsabilità reciproca e nei confronti dei nostri cittadini di dare piena attuazione a tali principi e impegni. Consideriamo 2 tali impegni un nostro risultato comune e li riteniamo pertanto questioni di immediato e legit- timo interesse per tutti gli Stati partecipanti.

4. Tali norme, principi e impegni ci hanno consentito di compiere progressi superando vecchie controversie e avvicinandoci alla democrazia, alla pace e all’unità in tutta l’area dell’OSCE. Essi devono continuare a guidarci nel ventunesimo secolo nel nostro sforzo comune volto a tradurre in realtà la visione ambiziosa di Helsinki e Parigi per tutti i nostri popoli. Tali documenti, così come tutti gli altri documenti OSCE, stabiliscono norme chiare per le relazioni fra gli Stati parte- cipanti e per il trattamento che tali Stati riservano a tutti coloro che risiedono nel loro territorio. (…)

6. (…) Convinti che la dignità intrinseca dell’individuo è al centro della sicurezza globale, riba- diamo che i diritti dell’uomo e le libertà fondamentali sono inalienabili e che la loro tutela e la loro promozione sono la nostra responsabilità primaria.

2.2 Metodi attuativi

2.2.1 Disposizioni generali, inclusa l’educazione ai diritti umani

Helsinki 1975 (Seguiti della Conferenza)

Gli Stati partecipanti,

1. Dichiarano la loro determinazione di tenere debitamente conto, nel periodo successivo alla Con- ferenza, delle disposizioni dell’Atto Finale della Conferenza e di applicarle: (a) unilateralmente, in tutti i casi che si prestino a una tale azione; (b) bilateralmente, mediante negoziati con altri Stati partecipanti; (c) multilateralmente, mediante riunioni di esperti degli Stati partecipanti, come pure nell’ambito delle organizzazioni internazionali esistenti quali la Commissione Economica per l’Europa delle Nazioni Unite e l’UNESCO, per quanto riguarda la cooperazione nei campi dell’educazione, della scienza e della cultura;

2. Dichiarano inoltre la loro determinazione di proseguire il processo multilaterale avviato dalla Conferenza: (a) procedendo ad uno scambio di vedute approfondito sia sull’attuazione delle disposizioni dell’Atto Finale, sia sull’esecuzione dei compiti definiti dalla Conferenza (…) (…)

Il testo del presente Atto Finale sarà pubblicato in ciascuno Stato partecipante, che ne curerà la dif- fusione e lo farà conoscere nel modo più ampio possibile.

11 2.2.1 Disposizioni generali, inclusa l’educazione ai diritti umani

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Essi riaffermano la loro determinazione di rispettare ed applicare pienamente tali principi e, con- formemente, di promuovere con tutti i mezzi, sia nel campo del diritto che della prassi, la loro maggiore efficacia. Essi ritengono che uno di tali mezzi potrebbe consistere nel dare espressione legislativa — nelle forme appropriate alla prassi e alle procedure proprie di ciascun paese — ai dieci principi enunciati nell’Atto Finale. (…)

Essi riaffermano l’importanza particolare della Dichiarazione Universale dei Diritti dell’Uomo, delle Convenzioni Internazionali sui Diritti dell’Uomo e di altri strumenti internazionali perti- nenti, per i loro sforzi comuni e individuali volti a stimolare e sviluppare il rispetto universale per i diritti dell’uomo e le libertà fondamentali; essi invitano tutti gli Stati partecipanti ad agire in conformità di tali strumenti internazionali ed invitano quegli Stati partecipanti che non l’abbiano ancora fatto a prendere in considerazione la possibilità di aderire a tali convenzioni.

Copenhagen 1990

(5) [Gli Stati partecipanti] dichiarano solennemente che fra gli elementi di giustizia, essenziali per la piena affermazione della dignità inerente alla persona umana e dei diritti uguali e inalienabili di tutti gli uomini, sono compresi i seguenti: (…)

(5.21) — al fine di integrare i ricorsi nazionali e di meglio garantire che gli Stati partecipanti rispettino gli obblighi internazionali sottoscritti, essi prenderanno in considerazione l’opportu- nità di aderire ad una convenzione internazionale, regionale o universale concernente la tutela dei diritti dell’uomo, quali la Convenzione Europea sui Diritti dell’Uomo o il Protocollo Opzionale al Patto Internazionale sui Diritti Civili e Politici, che prevedono procedure di ricorso individuale ad organismi internazionali.

Mosca 1991

(42) Gli Stati partecipanti (42.1) — affermano che l’istruzione nel campo dei diritti dell’uomo è fondamentale e che per- tanto è essenziale che i loro cittadini siano istruiti sui diritti dell’uomo e sulle libertà fondamen- tali e sull’impegno di rispettare tali diritti e libertà nella legislazione nazionale e negli strumenti internazionali di cui essi possano essere parti; (42.2) — riconoscono che un’efficace istruzione nel campo dei diritti dell’uomo contribuisce a com- battere l’intolleranza, i pregiudizi e l’odio religiosi, razziali ed etnici, anche contro i Rom (zingari), la xenofobia e l’antisemitismo; (42.3) — incoraggeranno le loro competenti autorità responsabili dei programmi educativi ad ela- borare efficaci programmi di studio e corsi relativi ai diritti dell’uomo per studenti a tutti i livelli, in particolare studenti delle facoltà di legge, di scienze amministrative e sociali, nonché per coloro che frequentano le scuole militari, della polizia e della pubblica amministrazione; (42.4) — metteranno a disposizione dei loro educatori le informazioni sulle disposizioni della dimensione umana della CSCE; (42.5) — incoraggeranno le organizzazioni e le istituzioni educative a cooperare alla compila- zione e allo scambio di programmi sui diritti dell’uomo sia a livello nazionale che internazionale;

12 2.2.1 Disposizioni generali, inclusa l’educazione ai diritti umani

(42.6) — cercheranno di assicurare che le attività intraprese al fine di promuovere l’istruzione nel campo dei diritti dell’uomo nel senso più vasto tengano conto dell’esperienza, dei programmi e delle forme di cooperazione nell’ambito degli esistenti organismi internazionali governativi e non 2 governativi, quali le Nazioni Unite e il Consiglio d’Europa.

Lubiana 2005 (Decisione N.11/05 sulla promozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

riconoscendo che la promozione dei diritti umani attraverso l’educazione e la formazione nell’intera area dell’OSCE potrebbe essere considerata nel contesto del concetto globale di sicurezza dell’O- SCE e che essa è di fondamentale importanza per accrescere il rispetto dei diritti umani e delle libertà fondamentali e per promuovere la tolleranza e la non discriminazione,

riconoscendo i vantaggi di una cooperazione articolata, che preveda consultazioni, cooperazione e coordinamento con organizzazioni internazionali e regionali pertinenti, nonché i benefici che i Paesi possono trarre dalle esperienze e dalle capacità reciproche nel campo dell’educazione e della formazione in materia di diritti umani,

Tenendo conto delle iniziative di altre organizzazioni internazionali, tra cui il Programma mon- diale di educazione ai diritti umani delle Nazioni Unite, il Programma di educazione alla cit- tadinanza democratica e il Programma per i giovani “tutti diversi tutti uguali” del Consiglio d’Europa, l’Iniziativa europea per la democrazia e i diritti umani dell’UE, nonché i programmi adottati a livello nazionale,

riconoscendo il contributo dell’ODIHR e di altre strutture, istituzioni e operazioni sul terreno dell’OSCE nella promozione dell’educazione e della formazione in materia di diritti umani, in cooperazione con gli Stati partecipanti,

impegnato a potenziare ulteriormente gli sforzi dell’OSCE volti a promuovere i programmi di edu- cazione e di formazione in materia dei diritti umani nell’area dell’Organizzazione, nonché ad offrire agli Stati partecipanti, su loro richiesta, il sostegno dell’Organizzazione nella realizzazione dei rispettivi programmi nazionali nel campo dell’educazione ai diritti umani,

invita gli Stati partecipanti, con la partecipazione della società civile, a potenziare ulteriormente programmi sistematici di educazione e di formazione in materia di diritti umani intesi a promuo- vere il rispetto per la dignità intrinseca degli esseri umani e a fare dei diritti umani una realtà per ogni singolo individuo in tutte le comunità e nella società in generale;

decide di potenziare gli sforzi dell’OSCE, in cooperazione con altre organizzazioni internazionali e non governative, volti ad adottare le necessarie misure per promuovere l’educazione e la forma- zione in materia di diritti umani, con particolare riguardo ai giovani nell’area dell’OSCE; (…)

13 2.2.2 Revisione dell’attuazione

2.2.2 Revisione dell’attuazione

Helsinki 1992 (Decisioni: I. Rafforzamento delle Istituzioni e delle Strutture CSCE)

(26) Un riesame approfondito dell’attuazione degli impegni CSCE continuerà a svolgere un ruolo preminente nelle attività della CSCE rafforzando in tal modo la cooperazione tra gli Stati parte- cipanti.

(27) Un riesame dell’attuazione si terrà regolarmente in occasione delle conferenze di riesame nonché in riunioni speciali convocate a tale scopo presso l’ODIHR e il CPC (…), secondo quanto disposto nei pertinenti documenti CSCE.

(28) Tale riesame dell’attuazione sarà condotto con spirito di cooperazione, avrà una portata glo- bale e nello stesso tempo sarà in grado di affrontare questioni specifiche.

(29) Gli Stati partecipanti saranno invitati a presentare contributi sulla loro esperienza dell’attua- zione, con particolare riferimento alle difficoltà incontrate, ed a manifestare le loro opinioni sull’at- tuazione in tutta l’area della CSCE. Gli Stati partecipanti sono incoraggiati a far circolare elementi generali dei contributi prima della riunione.

(30) Il riesame dovrebbe offrire l’opportunità di individuare l’azione che potrebbe essere richiesta per affrontare i problemi. Le riunioni in cui ha luogo il riesame dell’attuazione potranno sotto- porre all’attenzione del CAF qualsiasi suggerimento per misure miranti a migliorare l’attuazione ritenute consigliabili.

Budapest 1994 (Dichiarazione del Vertice)

14. (…) I riesami periodici dell’attuazione dei nostri impegni, fondamentali per tutta la CSCE, hanno un’importanza decisiva per la dimensione umana.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

5. Basandosi sulle strutture per il riesame dell’attuazione previste dal Documento di Helsinki 1992 e al fine di migliorare l’attuazione della dimensione umana, gli Stati partecipanti utilizzeranno il Consiglio Permanente per un più intenso dialogo sulla dimensione umana e per eventuali azioni in casi di non attuazione. A tal fine, gli Stati partecipanti decidono che le questioni relative alla dimensione umana verranno regolarmente affrontate dal Consiglio Permanente. (…)

6. Essi incoraggiano il Presidente in esercizio a informare il Consiglio Permanente in merito a casi gravi di presunta mancata attuazione degli impegni relativi alla dimensione umana, anche sulla base di informazioni pervenute dall’ODIHR, di rapporti e raccomandazioni dell’Alto Commis- sario per le Minoranze Nazionali (ACMN) o di rapporti del capo di una missione CSCE nonché di informazioni fornite dallo Stato interessato.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

14. (…) Confermiamo individualmente la nostra volontà di osservare pienamente gli impegni assunti. Abbiamo inoltre la responsabilità comune di promuovere i principi OSCE. (…) Coope- reremo in uno spirito di solidarietà e di partnership nel continuo riesame dell’applicazione. (…)

14 2.2.2 Revisione dell’attuazione

Bruxelles 2006 (Decisione N.17/06 sul miglioramento del processo consultivo)

Il Consiglio dei ministri, (…) 2 decide di istituire i seguenti comitati quali organi sussidiari informali del Consiglio permanente: (…)

un Comitato sulla dimensione umana che svolgerà i seguenti compiti:

discutere questioni relative alla dimensione umana, compresa l’attuazione degli impegni degli Stati partecipanti;

dare sostegno alla preparazione delle riunioni di attuazione nel quadro della dimensione umana e di altre riunioni in materia;

prendere in esame, qualora richiesto dalla Presidenza in consultazione con gli Stati partecipanti, questioni di natura transdimensionale attinenti in modo particolare alla dimensione umana;

discutere raccomandazioni da presentare al Consiglio permanente sul programma di lavoro, inclusi i seguiti delle raccomandazioni formulate alle riunioni nel quadro della dimensione umana;

decide inoltre che:

la Presidenza, all’inizio di ogni anno, in consultazione con gli Stati partecipanti, preciserà ulterior- mente i compiti dei summenzionati comitati e stabilirà un programma di lavoro che rispecchi gli obiettivi e le priorità dell’Organizzazione, tenendo anche conto della necessità di assicurare una copertura adeguata delle questioni transdimensionali in esame. (…)

I comitati summenzionati si riuniranno in modo informale, riferiranno al Consiglio permanente, gli forniranno consulenza, formuleranno raccomandazioni e predisporranno pertinenti decisioni attraverso il Comitato preparatorio. Al lavoro dei comitati si applicheranno le pertinenti disposi- zioni delle Norme procedurali dell’OSCE, in particolare il Capitolo V(A). (…)

Di norma, ciascun comitato si riunirà almeno una volta al mese. Su iniziativa della Presidenza o del Presidente del Comitato, o su richiesta di uno o più Stati partecipanti, ciascun comitato potrà riunirsi ogni qualvolta necessario a seconda dell’esigenza di tenere consultazioni o prepararsi per processi decisionali del Consiglio permanente. La Presidenza e i Presidenti dei comitati eviteranno di convocare simultaneamente riunioni di organi sussidiari informali.

I comitati prenderanno in esame questioni di loro competenza su richiesta della Presidenza, del Consiglio permanente o di uno o più Stati partecipanti.

I paragrafi da 6 a 9 del Capitolo V(A) delle Norme procedurali dell’OSCE si applicheranno alla partecipazione alle riunioni dei tre comitati di recente istituzione nello stesso modo in cui essi si applicano alla partecipazione alle riunioni del Comitato preparatorio.

Il Segretariato dell’OSCE presterà sostegno alle attività dei comitati.

15 2.2.3 Osservazione

La presente decisione sarà applicabile per un periodo di un anno a partire dal primo gennaio 2007 e sarà oggetto di riesame da parte del Consiglio permanente alla fine del 2007 al fine di decidere in merito ad una sua eventuale proroga, tenendo conto dell’esperienza acquisita con la nuova struttura.

Bruxelles 2006 (Decisione N.19/06 sul rafforzamento dell’efficienza dell’OSCE)

Il Consiglio dei ministri, (…)

2. riconosce che l’ODIHR, nell’assolvimento del suo mandato, ha dimostrato la capacità di assi- stere gli Stati partecipanti nell’adempimento dei loro impegni attinenti alla dimensione umana;

3. rammenta agli Stati partecipanti l’esigenza di mantenere le loro legislazioni e le loro prassi in linea con gli impegni OSCE;

5. incarica il Consiglio permanente, tenendo conto delle raccomandazioni formulate dall’ODIHR e da altre istituzioni OSCE, di affrontare le difficoltà di attuazione nei settori specificati nel rap- porto, considerando la possibilità di avvalersi meglio dell’assistenza dell’ODIHR; (…)

2.2.3 Osservazione

Copenhagen 1990

(8) Gli Stati partecipanti ritengono che la presenza di osservatori, sia stranieri sia nazionali, può migliorare il processo elettorale per gli Stati nei quali si tengono elezioni. Pertanto essi inviteranno osservatori provenienti da altri Stati partecipanti alla CSCE e le istituzioni e organizzazioni private appropriate che lo desiderino ad osservare lo svolgimento delle loro procedure elettorali nazionali nella misura consentita dalla legge. Essi inoltre si sforzeranno di agevolare un analogo accesso nel caso di procedimenti elettorali svolti ad un livello inferiore a quello nazionale. Tali osservatori si impegneranno a non interferire nelle operazioni elettorali. (…)

(12) Gli Stati partecipanti, desiderando assicurare una maggiore trasparenza nell’attuazione degli impegni assunti nel Documento Conclusivo di Vienna nel capitolo sulla Dimensione Umana della CSCE, decidono di accettare come misura mirante a rafforzare la fiducia, la presenza di osserva- tori inviati dagli Stati partecipanti e di rappresentanti di organizzazioni non governative e di altre persone interessate ai procedimenti giudiziari secondo quanto previsto dalla legislazione nazio- nale e dal diritto internazionale; resta inteso che i procedimenti si possono svolgere a porte chiuse solo nelle circostanze previste dalla legge e conformemente agli obblighi del diritto internazio- nale e agli impegni internazionali.

16 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune) 2 14. (…) Confermiamo individualmente la nostra volontà di osservare pienamente gli impegni assunti. Abbiamo inoltre la responsabilità comune di promuovere i principi OSCE. Siamo (…) pronti a servirci degli strumenti, dei dispositivi e dei meccanismi dell’OSCE. Coopereremo in uno spirito di solidarietà e di partnership nel continuo riesame dell’applicazione.

A. Meccanismo di Vienna

Vienna 1989 (Dimensione umana della CSCE)

Gli Stati partecipanti,

Ricordando gli impegni assunti nell’Atto Finale e negli altri documenti CSCE concernenti il rispetto di tutti i diritti dell’uomo e delle libertà fondamentali, i contatti fra le persone e le altre questioni aventi un correlativo carattere umanitario,

Riconoscendo l’esigenza di migliorare l’attuazione dei loro impegni CSCE e la loro cooperazione nei settori qui di seguito indicati sotto la dizione «dimensione umana della CSCE»,

Sulla base dei Principi e delle disposizioni dell’Atto Finale e di altri pertinenti documenti CSCE, hanno deciso

1. di scambiarsi informazioni e rispondere alle richieste di informazione e alle osservazioni loro rivolte da altri Stati partecipanti su questioni relative alla dimensione umana della CSCE. Tali comunicazioni possono essere inoltrate tramite i canali diplomatici o essere indirizzate a qualsi- asi altro organismo appositamente designato;

2. di tenere riunioni bilaterali con altri Stati partecipanti che ne facciano richiesta per esaminare questioni relative alla dimensione umana della CSCE, incluse situazioni e casi specifici, al fine di risolverli. La data e il luogo di tali riunioni saranno stabiliti con accordi reciproci tramite i canali diplomatici;

3. che qualsiasi Stato partecipante, che lo ritenga necessario, possa segnalare agli altri Stati parte- cipanti, tramite i canali diplomatici, le situazioni e i casi che rientrano nella dimensione umana della CSCE, inclusi quelli che sono stati sollevati nelle riunioni bilaterali di cui al paragrafo 2;

4. che qualsiasi Stato partecipante, che lo ritenga necessario, possa fornire informazioni sugli scambi di informazioni e sulle risposte alle sue richieste di informazioni e alle sue osservazioni (paragrafo 1) e sui risultati degli incontri bilaterali (paragrafo 2), comprese le informazioni riguardanti situa- zioni e casi specifici, alle riunioni della Conferenza sulla Dimensione Umana, nonché alle riunioni principali nel quadro dei Seguiti della CSCE. (…)

17 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

Copenhagen 1990

(42) Gli Stati partecipanti riconoscono l’esigenza di accrescere ulteriormente l’efficacia delle proce- dure descritte nei paragrafi da 1 a 4 della sezione sulla Dimensione Umana della CSCE del Docu- mento Conclusivo di Vienna e a questo scopo decidono: (42.1) — di fornire nel più breve tempo possibile, ma non oltre quattro settimane, una risposta scritta alle richieste di informazioni e alle istanze loro rivolte per iscritto da altri Stati parteci- panti, in base al paragrafo 1, (42.2) — che le riunioni bilaterali, come previsto nel paragrafo 2, devono avere luogo il più presto possibile, di norma entro tre settimane dalla data della richiesta, (42.3) — di astenersi, nel corso di una riunione bilaterale tenuta in base al paragrafo 2, dal sol- levare situazioni e casi non collegati con il soggetto della riunione stessa, a meno che entrambe le parti non abbiano concordato di farlo.

B. Meccanismo di Mosca

Mosca 1991 (Preambolo e Sezione I — come modificati da Roma 1993)

Al fine di rafforzare ed ampliare il meccanismo della dimensione umana descritto nel Capitolo sulla Dimensione Umana della CSCE del Documento Conclusivo di Vienna e di sviluppare e di approfondire gli impegni enunciati nel Documento della Riunione di Copenaghen della Confe- renza sulla Dimensione Umana della CSCE, gli Stati partecipanti adottano quanto segue: (…)

(1) Gli Stati partecipanti sottolineano che il meccanismo della dimensione umana descritto nei paragrafi da 1 a 4 del Capitolo sulla Dimensione Umana della CSCE del Documento Conclusivo di Vienna costituisce una conquista essenziale del processo CSCE, avendo dimostrato la sua validità quale metodo per favorire il rispetto dei diritti dell’uomo, delle libertà fondamentali, della demo- crazia e dello stato di diritto mediante il dialogo e la cooperazione e per contribuire alla soluzione di questioni specifiche pertinenti. Al fine di migliorare ulteriormente l’attuazione degli impegni CSCE nel campo della dimensione umana, essi decidono di accrescere l’efficacia di tale meccani- smo e rafforzarlo e ampliarlo come esposto nei paragrafi seguenti.

(2) Gli Stati partecipanti emendano i paragrafi 42.1 e 42.2 del Documento della Riunione di Cope- naghen nel senso che essi forniranno nel più breve tempo possibile, ma non più tardi di dieci giorni, una risposta scritta alle richieste di informazioni e alle osservazioni rivolte loro per iscritto da altri Stati partecipanti in base al paragrafo 1 del meccanismo della dimensione umana. Riunioni bila- terali, come indicato nel paragrafo 2 del meccanismo della dimensione umana, si terranno nel più breve tempo possibile e di regola entro una settimana dalla data della richiesta.

(3) Un elenco di esperti comprendente fino a sei esperti nominati da ciascuno Stato partecipante sarà creato senza indugio presso l’Istituzione CSCE*. Gli esperti saranno personalità eminenti inclusi, ove possibile, esperti con esperienza relativa alle questioni delle minoranze nazionali, pre- feribilmente dotati di esperienza nel campo della dimensione umana, dai quali ci si potrà atten- dere un imparziale adempimento delle loro funzioni.

* Il Consiglio deciderà in merito all’Istituzione

18 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

Gli esperti saranno nominati per un periodo da tre a sei anni a discrezione dello Stato che li nomina, e nessun esperto sarà in carica per più di due periodi consecutivi. 2 Entro quattro settimane dalla notifica della nomina da parte dell’Istituzione CSCE, qualsiasi Stato partecipante potrà fare riserve su non più di due esperti da nominarsi da parte di un altro Stato partecipante. In tal caso lo Stato che effettua la nomina potrà rivedere, entro quattro settimane dal ricevimento della notifica di tali riserve, la sua decisione e nominare un altro esperto o altri esperti; se esso conferma la nomina originariamente indicata, l’esperto in questione non potrà partecipare ad alcuna procedura per quanto riguarda lo Stato che ha avanzato la riserva senza l’e- splicito consenso di quest’ultimo.

L’elenco di esperti entrerà in vigore non appena saranno stati designati 45 esperti.

(4) Uno Stato partecipante potrà sollecitare l’assistenza di una missione CSCE, comprendente fino a tre esperti, per trattare questioni concernenti la dimensione umana della CSCE nel suo territorio o contribuire alla loro soluzione. In tal caso, lo Stato sceglierà la persona o le persone interessate dall’elenco degli esperti. La missione di esperti non comprenderà cittadini o residenti dello Stato partecipante né alcuna delle persone da esso nominate per l’elenco di esperti né più di un citta- dino o di un residente di un qualsiasi singolo Stato.

Quando viene istituita una missione di esperti, lo Stato invitante ne informerà senza indugio l’I- stituzione CSCE, che a sua volta lo notificherà a tutti gli Stati partecipanti. Inoltre le istituzioni CSCE, ove necessario, forniranno un adeguato sostegno a tale missione.

(5) Scopo di una missione di esperti è facilitare la soluzione di una questione o di un problema particolare relativi alla dimensione umana della CSCE. Tale missione potrà raccogliere le infor- mazioni necessarie per svolgere i suoi compiti e, se del caso, usare i suoi buoni uffici e fare opera di mediazione per promuovere il dialogo e la cooperazione fra le parti interessate. Lo Stato inte- ressato concorderà con la missione il mandato specifico e potrà quindi attribuire qualsiasi ulte- riore funzione alla missione di esperti, fra l’altro, inchieste e consulenze al fine di suggerire modi e mezzi atti a facilitare l’osservanza degli impegni CSCE.

(6) Lo Stato invitante coopererà pienamente con la missione di esperti e ne faciliterà i lavori. Accor- derà alla missione tutte le agevolazioni necessarie per l’esercizio indipendente delle sue funzioni. Esso consentirà, fra l’altro, alla missione di entrare senza indugio nel suo territorio per lo svolgi- mento dei suoi compiti, di svolgere dibattiti e spostarsi in esso liberamente, incontrare liberamente funzionari, organizzazioni non governative e qualsiasi gruppo o persona da cui desideri ricevere informazioni. La missione potrà anche ricevere informazioni confidenziali da qualsiasi persona, gruppo od organizzazione su questioni che sta trattando. I membri di tali missioni rispetteranno la natura confidenziale del loro compito.

Gli Stati partecipanti si asterranno da qualsiasi azione contro persone, organizzazioni o istitu- zioni a seguito dei loro contatti con la missione di esperti o di qualsiasi informazione disponibile per il pubblico ad essa trasmessa. Lo Stato invitante accoglierà qualsiasi richiesta di una missione di esperti di essere accompagnata da funzionari di tale Stato se la missione lo ritenga necessario per facilitare i propri lavori o garantire la propria sicurezza.

(7) La missione di esperti presenterà le sue osservazioni allo Stato invitante non appena possibile, preferibilmente entro tre settimane dalla costituzione della missione. Lo Stato invitante trasmet- terà le osservazioni della missione, unitamente ad una descrizione di qualsiasi iniziativa intrapresa

19 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

o che intenda intraprendere, agli altri Stati partecipanti tramite l’istituzione CSCE, non più tardi di due settimane dopo la presentazione delle osservazioni.

Tali osservazioni e qualsiasi commento da parte dello Stato invitante potranno essere discussi dal Comitato di Alti Funzionari, che potrà considerare eventuali azioni successive. Le osservazioni ed i commenti resteranno confidenziali fintanto che non saranno sottoposti all’attenzione degli Alti Funzionari. Prima della diffusione delle osservazioni e di eventuali commenti, nessuna altra mis- sione di esperti potrà essere nominata per la stessa questione.

(8) Inoltre, uno o più Stati partecipanti, avendo applicato i paragrafi 1 o 2 del meccanismo della dimensione umana, potranno richiedere che l’Istituzione CSCE domandi ad un altro Stato par- tecipante se acconsenta di invitare una missione di esperti per trattare una particolare questione chiaramente definita nel suo territorio relativa alla dimensione umana della CSCE. Se l’altro Stato partecipante acconsente di invitare una missione di esperti per lo scopo indicato, si applicherà la procedura enunciata nei paragrafi 4-7.

(9) Se uno Stato partecipante (a) ha rivolto una richiesta in base al paragrafo 8 ad un altro Stato partecipante e quello Stato non ha costituito la missione di esperti entro un periodo di dieci giorni dopo che è stata rivolta la richiesta, o (b) giudica che la questione di cui trattasi non sia stata risolta come risultato di una missione di esperti, esso potrà, con l’appoggio di almeno altri cinque Stati partecipanti, avviare la costituzione di una missione comprendente fino a tre relatori CSCE. Tale decisione sarà trasmessa all’Istituzione CSCE che ne darà notifica senza indugio allo Stato inte- ressato nonché a tutti gli altri Stati partecipanti.

(10) Lo Stato o gli Stati richiedenti potranno nominare dall’elenco di esperti una persona che funga da relatore CSCE. Lo Stato che ha ricevuto la richiesta potrà, se lo desidera, nominare un altro relatore dall’elenco di esperti entro sei giorni dalla notifica, da parte dell’Istituzione CSCE, della nomina del relatore. In tal caso i due relatori designati, che non possono essere cittadini o resi- denti, né persone designate per l’elenco di esperti da uno qualsiasi degli Stati interessati, nomi- neranno di comune accordo e senza indugio un terzo relatore dall’elenco di esperti. Qualora non venga raggiunto un accordo entro otto giorni, un terzo relatore, che non sarà un cittadino o un residente né una persona designata per l’elenco di esperti da un qualsiasi Stato interessato, sarà nominato dall’elenco di esperti dal funzionario di rango più elevato dell’organo CSCE designato dal Consiglio. Le disposizioni della seconda parte del paragrafo 4 e l’intero paragrafo 6 si appli- cano anche ad una missione di relatori.

(11) Il relatore (i relatori) CSCE stabilirà (stabiliranno) i fatti, riferirà (riferiranno) in merito e potrà (potranno) avanzare raccomandazioni su eventuali soluzioni alla questione sollevata. Il rapporto del relatore (dei relatori), contenente osservazioni su fatti, proposte o raccomandazioni, sarà pre- sentato allo Stato o agli Stati partecipanti interessati e, a meno che tutti gli Stati interessati non concordino altrimenti, all’Istituzione CSCE non più tardi di due settimane dalla nomina dell’ul- timo relatore. Lo Stato cui è stata rivolta la richiesta sottoporrà qualsiasi osservazione sul rapporto all’Istituzione CSCE, a meno che tutti gli Stati interessati non abbiano altrimenti concordato, non più tardi di due settimane dalla presentazione del rapporto.

L’Istituzione CSCE trasmetterà senza indugio a tutti gli Stati partecipanti il rapporto, nonché qual- siasi osservazione dello Stato cui è stata rivolta la richiesta o di qualsiasi altro Stato partecipante. Il rapporto sarà posto all’ordine del giorno della successiva riunione regolare del Comitato di Alti Funzionari o del Comitato Permanente della CSCE, che potrà decidere su qualsiasi eventuale azione successiva. Il rapporto resterà confidenziale fino a tale riunione del Comitato. Prima della diffusione del rapporto non potrà essere nominato nessun altro relatore per la stessa questione.

20 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

(12) Uno Stato partecipante, se ritiene che in un altro Stato partecipante sia sorta una minaccia particolarmente grave all’attuazione delle disposizioni della dimensione umana della CSCE, potrà, con l’appoggio di almeno nove altri Stati partecipanti, avviare la procedura enunciata nel para- 2 grafo 10. Si applicheranno le disposizioni di cui al paragrafo 11.

(13) Su richiesta di un qualsiasi Stato partecipante, il Comitato di Alti Funzionari o il Comitato Per- manente della CSCE potrà decidere di costituire una missione di esperti o di relatori CSCE. In tal caso il Comitato determinerà anche se applicare le pertinenti disposizioni dei paragrafi precedenti.

(14) Lo Stato o gli Stati partecipanti che hanno richiesto la costituzione di una missione di esperti o relatori sosterranno le spese di tale missione. In caso di nomina di esperti o relatori a seguito di una decisione del Comitato di Alti Funzionari o del Comitato Permanente della CSCE, le spese saranno sostenute dagli Stati partecipanti conformemente alla consueta scala di ripartizione delle spese. Tali procedure saranno riesaminate dalla Riunione di Helsinki sui Seguiti della CSCE.

(15) Nulla di quanto sopra pregiudicherà in alcun modo il diritto degli Stati partecipanti di sol- levare nell’ambito del processo CSCE una qualsiasi questione relativa all’attuazione di qualsiasi impegno CSCE, incluso qualsiasi impegno relativo alla dimensione umana della CSCE.

(16) Gli Stati partecipanti, allorché considerano se invocare le procedure di cui ai paragrafi 9 e 10 o 12 riguardanti un caso individuale, dovrebbero prestare debita attenzione, qualora tale caso indi- viduale risulti già sub judice in un procedimento giudiziario internazionale.

Praga 1992 (Documento sull’ulteriore sviluppo delle istituzioni e delle strutture CSCE: III Dimensione umana)

14. L’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo viene designato quale istituzione CSCE incaricata dei compiti connessi con missioni di esperti e di rapporteur conformemente al Documento della Riunione di Mosca della Conferenza sulla Dimensione Umana della CSCE.

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

(5) Sotto le direttive generali del CAF (…) l’ODIHR in quanto istituzione principale nel campo della Dimensione Umana: (5a) contribuirà a controllare l’attuazione degli impegni nel campo della Dimensione Umana: fun- gendo da sede per riunioni bilaterali ai sensi del paragrafo 2 e da canale per le informazioni ai sensi del paragrafo 3 del Meccanismo sulla Dimensione Umana enunciato nel Documento Con- clusivo di Vienna; (…) (5b) fungerà da centro di coordinamento per fornire informazioni: su uno stato di emergenza pubblica conformemente al paragrafo 28.10 del Documento della Riu- nione di Mosca della Conferenza sulla Dimensione Umana; (…)

(7) Al fine di allineare il Meccanismo della Dimensione Umana alle attuali strutture e istituzioni della CSCE gli Stati partecipanti decidono che:

Qualsiasi Stato partecipante che lo ritenga necessario potrà fornire informazioni su situazioni e casi che sono stati oggetto di richieste di cui ai paragrafi 1 o 2 del capitolo intitolato “Dimensione Umana

21 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

della CSCE” del Documento Conclusivo di Vienna o sui risultati di tali procedure, agli Stati par- tecipanti tramite l’ODIHR — che potrà fungere parimenti da sede per riunioni bilaterali ai sensi del paragrafo 2 — o tramite canali diplomatici. Tali informazioni potranno essere discusse nelle riunioni del CAF, nelle riunioni sull’Attuazione delle questioni relative alla Dimensione Umana e nelle conferenze di riesame. (…)

Riunioni sull’attuazione delle questioni relative alla Dimensione Umana

(8) Procedure riguardanti la copertura delle spese per le missioni di esperti e di rapporteur del Meccanismo della Dimensione Umana potranno essere prese in considerazione dalla prossima conferenza di riesame alla luce dell’esperienza acquisita.

(9) Ogni anno in cui non si tiene una conferenza di riesame, l’ODIHR organizzerà un incontro a livello di esperti della durata di tre settimane di tutti gli Stati partecipanti nella sua sede al fine di riesaminare l’attuazione degli impegni CSCE nel campo della Dimensione Umana. La riunione assolverà ai seguenti compiti: (9a) uno scambio approfondito di opinioni sull’attuazione degli impegni relativi alla Dimensione Umana, compresa la discussione sulle informazioni fornite in conformità al paragrafo 4 del Mec- canismo della Dimensione Umana (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

C. Rete antiterrorismo

Maastricht 2003 (Decisione N.6/03 sul mandato della rete antiterrorismo dell’OSCE)

Il Consiglio dei Ministri,

decide di istituire una Rete antiterrorismo dell’OSCE (CTN) conformemente al mandato della Rete contenuto in annesso alla presente Decisione.

(Annesso alla Decisione N.6/03: Mandato della rete antiterrorismo dell’OSCE)

Obiettivo principale della rete antiterrorismo dell’OSCE è promuovere il migliore coordinamento delle misure antiterrorismo e dello scambio di informazioni tra gli Stati partecipanti all’OSCE. In

22 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

particolare essa mira a rafforzare i collegamenti tra le delegazioni degli Stati partecipanti, i fun- zionari dell’antiterrorismo nelle capitali e l’Unità OSCE di azione contro il Terrorismo (ATU)*. 2 La Rete facilita il tempestivo scambio di informazioni su programmi, formazione e sviluppi legali in materia di antiterrorismo avviati dall’OSCE e dagli Stati partecipanti, nonché su analisi non riservate relative alle tendenze del fenomeno terroristico. L’accento principale verrà posto sulle atti- vità volte a sostenere e integrare i lavori della Commissione antiterrorismo del Consiglio di Sicu- rezza delle Nazioni Unite nell’attuazione della risoluzione 1373 del Consiglio di Sicurezza. Il CTN non intende essere un canale di informazioni segrete o riservate, né intende duplicare le funzioni di altre reti internazionali e regionali degli organi di polizia.

Ciascun governo designerà un ufficio principale di collegamento che, attraverso la delegazione presso l’OSCE, dovrà fungere da principale punto di contatto con l’ATU per le questioni in mate- ria di antiterrorismo. L’Ufficio principale di collegamento assicurerà che le informazioni prove- nienti dall’ATU siano trasmesse alle competenti autorità governative nelle rispettive capitali, e che l’ATU e le delegazioni siano analogamente informate in modo tempestivo sui pertinenti sviluppi negli Stati partecipanti. Al fine di favorire il coordinamento, le comunicazioni della Rete antiter- rorismo che intercorrono tra l’ATU e un ufficio principale di collegamento saranno trasmesse in linea di principio attraverso la delegazione presso l’OSCE dello Stato interessato.

Responsabilità dell’ATU

1. Informare gli Stati partecipanti sulle opportunità di formazione bilaterali e multilaterali relative alle questioni antiterrorismo e collaborare con gli uffici principali di collegamento al fine di trarre pienamente vantaggio da tali programmi.

2. Coordinare e facilitare le attività antiterrorismo dell’OSCE, compresi i programmi di assistenza al potenziamento delle capacità, la formazione e i seminari sullo stato di preparazione in caso di emergenza, allo scopo di utilizzare efficacemente le risorse e di evitare duplicazioni.

3. Rispondere tempestivamente a richieste di informazioni e di azione da parte degli uffici prin- cipali di collegamento.

4. Assicurare che, tramite le delegazioni, gli uffici principali di collegamento siano tenuti piena- mente al corrente degli sviluppi relativi a importanti questioni antiterrorismo che riguardano la regione OSCE mediante il regolare invio per e-mail di un bollettino dell’ATU e l’aggiornamento regolare della pagina web dell’OSCE ATU.

5. Coordinarsi con l’ufficio principale di collegamento, tramite la delegazione interessata, qua- lora un funzionario OSCE ATU si rechi in missione in uno Stato partecipante per questioni con- nesse al terrorismo.

Responsabilità degli uffici principali di collegamento

1. Assicurare che le comunicazioni dell’ATU pervengano ai competenti uffici governativi e che le risposte dirette all’ATU vengano inviate tempestivamente.

* La Commissione antiterrorismo delle Nazioni Unite (CTC) ha appoggiato lo sviluppo di tali reti regionali intese a rafforzare la cooperazione e il coordinamento. Il Segretariato del Comitato interamericano contro il terro- rismo (CICTE), in seno all’Organizzazione degli Stati Americani ha già sviluppato una rete regionale di punti di contatto nazionali. L’ATU è riconoscente al CICTE per l’apprezzata consulenza e assistenza nello sviluppo della Rete antiterrorismo dell’OSCE

23 2.2.4 Meccanismi della dimensione umana e altri meccanismi rilevanti

2. Fornire all’ATU informazioni sui rilevanti sviluppi nazionali concernenti iniziative di lotta al terrorismo, incluse nuove norme antiterrorismo*, addestramento antiterrorismo o programmi di assistenza ed esempi di “migliori prassi” nazionali.

3. Comunicare informazioni su seminari, incontri e conferenze che trattano le preoccupazioni con- nesse all’antiterrorismo, organizzate dagli Stati partecipanti e aperti alla partecipazione esterna.

4. Fungere da principale coordinatore di seminari, incontri e conferenze sull’antiterrorismo che riguardino lo Stato partecipante dell’ufficio principale di collegamento in questione.

5. Coordinare, elencare in ordine di priorità e comunicare, a nome dello Stato partecipante inte- ressato, le necessità di formazione e di assistenza, nonché le richieste in materia di antiterrorismo che l’OSCE potrebbe sostenere o agevolare. (…)

D. Altri meccanismi

Praga 1992 (Documento sull’ulteriore sviluppo delle istituzioni e delle strutture CSCE: IV Salvaguardia dei diritti dell’uomo, della democrazia e dello stato di diritto)

16. Il Consiglio ha deciso, al fine di sviluppare ulteriormente la capacità della CSCE di salvaguar- dare i diritti dell’uomo, la democrazia e lo stato di diritto con mezzi pacifici, che un’appropriata azione possa essere intrapresa dal Consiglio o dal Comitato di Alti Funzionari, se necessario in assenza del consenso dello Stato interessato, in casi di violazioni chiare, gravi e non sanate di per- tinenti impegni CSCE. Tali azioni consisterebbero in dichiarazioni politiche o in altre iniziative politiche che si applicano al di fuori del territorio dello Stato interessato. Tale decisione non pre- giudica i meccanismi esistenti della CSCE.

Helsinki 1992 (Decisioni: I. Rafforzamento delle Istituzioni e delle Strutture CSCE)

(22) Nel trattare una crisi o un conflitto, il Presidente in carica potrà designare, su sue propria responsabilità, un rappresentante personale con un mandato chiaro e preciso allo scopo di for- nire un sostegno. Il Presidente in carica informerà il CAF dell’intenzione di nominare un rappre- sentante personale e del mandato. Nei rapporti inviati al Consiglio/CAF, il Presidente in carica includerà informazioni sulle attività del rappresentante personale nonché qualsiasi osservazione o consiglio proposti da quest’ultimo.

Sofia 2004 (Decisione N.12/04 sulla tolleranza e non-discriminazione)

Il Consiglio dei ministri, (…)

5. Accoglie, inoltre, con favore l’intenzione del Presidente in esercizio di nominare, conformemente alla decisione N.8 del Consiglio dei ministri di Porto, tre rappresentanti personali nel quadro dello sforzo globale dell’OSCE di combattere la discriminazione e promuovere la tolleranza. Le spese sostenute dai rappresentanti personali saranno coperte da contributi extrabilancio.

* Per precise informazioni sulle ratifiche l’OSCE ATU si basa sulle notifiche ufficiali di ratifica reperibili sui siti web dei relativi depositari di strumenti antiterrorismo

24 2.3 Partner nell’attuazione

2.3 Partner nell’attuazione

2.3.1 Governi, enti e istituzioni governative 2

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio IX)

[Gli Stati partecipanti] (…) confermano che i governi, le istituzioni, le organizzazioni e le persone hanno un ruolo proprio e positivo da svolgere nel contribuire al conseguimento di tali obiettivi della loro cooperazione.

Copenhagen 1990 (Preambolo)

[Gli Stati partecipanti] riconoscono che la cooperazione fra loro, nonché il coinvolgimento attivo di persone, gruppi, organizzazioni e istituzioni, sarà essenziale a garantire un progresso continuo verso gli obiettivi da loro condivisi.

Mosca 1991 (Preambolo)

Gli Stati partecipanti (…) esprimono la loro determinazione di adempiere a tutti i loro impegni nel campo della dimensione umana e di risolvere con mezzi pacifici qualsiasi questione relativa, individualmente e collettivamente, sulla base del rispetto e della cooperazione reciproci. In tale contesto essi riconoscono che il coinvolgimento attivo di persone, gruppi, organizzazioni ed isti- tuzioni è essenziale per garantire continui progressi in tale direzione.

2.3.2 Governi di altri Paesi e organizzazioni internazionali

Helsinki 1992 (Dichiarazione del Vertice)

7. Riaffermiamo la validità dei principi guida e dei valori comuni dell’Atto Finale di Helsinki e della Carta di Parigi, che consacrano le responsabilità reciproche degli Stati e dei governi verso il loro popolo. Essi costituiscono la coscienza collettiva della nostra comunità. Riconosciamo la nostra reciproca responsabilità per la loro attuazione. Sottolineiamo i diritti democratici dei cittadini di richiedere da parte dei loro governi il rispetto di tali valori e modelli.

Helsinki 1992 (Decisioni: IV. Relazioni con organizzazioni internazionali, relazioni con Stati non partecipanti, ruolo delle organizzazioni non governative (ONG)) • (1) (…) Gli sforzi positivi, volti ad edificare un ordine pacifico e democratico duraturo e a gestire il processo di cambiamento, richiedono un apporto più strutturato e sostanziale da parse di gruppi, persone, Stati ed organizzazioni al di fuori del processo CSCE. • A tal fine gli Stati partecipanti hanno deciso quanto segue: • Relazioni con organizzazioni internazionali • (2) Gli Stati partecipanti, riaffermando i loro impegni assunti con la Carta delle Nazioni Unite e da essi firmati, dichiarano la loro intesa sul fatto che la CSCE e un accordo regionale nel senso del Capitolo VIII della Carta delle Nazioni Unite e che in quanto tale costituisce un importante legame fra la sicurezza europea e la sicurezza mondiale. (…)

25 2.3.2 Governi di altri Paesi e organizzazioni internazionali

(3) Ricordando le decisioni pertinenti del Documento di Praga, gli Stati partecipanti miglioreranno i contatti e la cooperazione pratica con le organizzazioni internazionali appropriati. (…)

Relazioni con Stati mediterranei non partecipanti

(7) Ricordando le disposizioni dell’Atto Finale e di altri documenti CSCE pertinenti e conformi con la prassi stabilita, gli Stati mediterranei non partecipanti continueranno ad essere invitati a pre- sentare contributi alle attività della CSCE. (…)

Relazioni con Stati non partecipanti

(9) (…) gli Stati partecipanti intendono approfondire la loro cooperazione e sviluppare un solido rapporto con gli Stati non partecipanti (…), che dimostrino un interesse per la CSCE, ne condi- vidano i principi e gli obiettivi e siano attivamente impegnati nella cooperazione europea tramite le organizzazioni pertinenti.

Lisbona 1996 (Dichiarazione su un modello di sicurezza comune e globale per l’Europa del ventunesimo secolo)

5. Riconosciamo che, nell’ambito dell’OSCE, gli Stati sono responsabili (…) gli uni verso gli altri dell’attuazione degli impegni OSCE.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

14. (…) Ci impegniamo, oggi, ad adottare misure congiunte basate sulla cooperazione, sia in seno all’OSCE che tramite le organizzazioni di cui siamo membri, al fine di offrire assistenza agli Stati partecipanti per intensificare la loro osservanza dei principi e degli impegni OSCE. Rafforzeremo gli strumenti cooperativi esistenti e ne svilupperemo di nuovi per rispondere efficacemente alle richieste di assistenza degli Stati partecipanti. (…)

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

Cooperazione con altre organizzazioni e istituzioni internazionali

52. (…) L’interazione dell’OSCE con altre organizzazioni e istituzioni si basa sulla Piattaforma per la sicurezza cooperativa, in cui gli Stati partecipanti si sono impegnati a promuovere coerenza poli- tica e operativa tra tutti gli organi competenti in materia di sicurezza, sia nel rispondere a speci- fiche minacce, che nel formulare risposte a nuove minacce e sfide. (…)

53. La nostra cooperazione con altre organizzazioni e istituzioni attualmente comprende il dia- logo politico, il coordinamento e la cooperazione strutturata su tematiche o questioni regionali che interessano l’area dell’OSCE, in base a valori e obiettivi comuni. (…)

54. L’OSCE si adopera per estendere le sue relazioni ad altre organizzazioni e istituzioni inter- nazionali che si occupano della promozione della sicurezza globale entro l’area dell’OSCE (…).

26 2.3.2 Governi di altri Paesi e organizzazioni internazionali

Astana 2010

3. (…) Riaffermiamo inoltre che tutti i principi e gli impegni OSCE, senza eccezione, si applicano 2 nello stesso modo a tutti gli Stati partecipanti e sottolineiamo la nostra responsabilità reciproca (…) di dare piena attuazione a tali principi e impegni. (…)

10. Riconosciamo che la sicurezza dell’area dell’OSCE è indissolubilmente legata a quella delle aree adiacenti, in particolare il Mediterraneo e l’Asia. Dobbiamo pertanto intensificare il livello di interazione con i nostri Partner per la cooperazione. In particolare, sottolineiamo la necessità che ogni Stato partecipante, in linea con le proprie capacità e il proprio interesse nazionale, con- tribuisca efficacemente agli sforzi collettivi internazionali volti a promuovere un Afghanistan sta- bile, indipendente, prospero e democratico.

Vilnius 2011 (Decisione N.5/11 sui Partner per la cooperazione)

Il Consiglio dei ministri, (…)

pienamente convinto che la sicurezza dell’area dell’OSCE è indissolubilmente legata alla sicurezza nelle regioni dei Partner per la cooperazione e riaffermando il proprio impegno a intensificare il dialogo e la cooperazione con i Partner mediterranei e asiatici per la cooperazione e a rafforzare le proprie capacità di rispondere alle esigenze e alle priorità individuate dai Partner e basate sulle norme, i principi e gli impegni OSCE,

riconoscendo i processi di transizione democratica, i cambiamenti politici, economici e sociali che hanno avuto luogo in alcuni Partner mediterranei nel 2011,

lodando i processi di riforma volontari avviati da alcuni Partner mediterranei,

riconoscendo che ogni paese è diverso e ha il diritto di sviluppare il proprio modello politico, nel rispetto dei valori universali dei diritti e della dignità dell’uomo,

convenendo che l’esperienza dell’OSCE in diverse aree può essere di interesse e potenziale bene- ficio per i Partner, pur tenendo pienamente conto della loro responsabilità primaria per quanto riguarda le scelte politiche a livello nazionale e del loro specifico patrimonio politico, sociale, cul- turale e religioso, e in conformità con le loro esigenze, i loro obiettivi e le loro priorità nazionali,

ribadendo la disponibilità dell’OSCE (…) di assistere i Partner per la cooperazione, se del caso, nell’attuazione volontaria delle norme, dei principi e degli impegni OSCE,

riconoscendo l’importante ruolo svolto dalla società civile nei Paesi Partner per la cooperazione nel promuovere la democrazia, lo stato di diritto e il pieno rispetto dei diritti umani e delle libertà fondamentali,

accogliendo con favore i progressi compiuti negli ultimi anni attraverso il dialogo e la cooperazione con i nostri Partner mediterranei e asiatici per la cooperazione, tra cui la maggiore partecipazione alle riunioni e alle attività dell’OSCE, inclusa l’attuazione di progetti concreti di reciproco interesse, (…)

27 2.3.2 Governi di altri Paesi e organizzazioni internazionali

ribadendo il sostegno alle attività di cooperazione dell’Assemblea parlamentare dell’OSCE con i Partner, anche attraverso il suo Foro parlamentare annuale sul Mediterraneo, e prendendo atto del lavoro svolto dall’Assemblea parlamentare dell’OSCE a tale riguardo,

1. decide di rafforzare ulteriormente il Partenariato per la cooperazione ampliando il dialogo, intensificando le consultazioni politiche, rafforzando la cooperazione pratica e condividendo ulteriormente le migliori prassi e l’esperienza acquisita nello sviluppo di una sicurezza globale, cooperativa e indivisibile nelle tre dimensioni dell’OSCE, in base alle esigenze e alle priorità indi- viduate dai Partner;

2. incoraggia le strutture esecutive dell’OSCE, (…), a intraprendere con i paesi Partner iniziative di cooperazione orientate all’azione nelle tre dimensioni, tenendo anche conto delle conferenze annuali dei Partner, offrendo su richiesta dei Partner la consulenza di esperti e uno scambio di infor- mazioni sulle migliori prassi ed esperienze, basandosi ove necessario sulle pertinenti decisioni dell’OSCE, e invita i Partner ad accrescere il livello della loro partecipazione alle attività dell’OSCE;

3. decide (…) di accrescere gli sforzi volti a promuovere le norme, i principi e gli impegni OSCE attraverso i contatti, in coordinamento con altre organizzazioni regionali e internazionali pertinenti, in particolare con le Nazioni Unite, segnatamente attraverso la condivisione delle migliori prassi ed esperienze e attraverso progetti e attività comuni in tutte le tre dimensioni, a seconda dei casi;

4. invita (…) OSCE (…) a rafforzare e sviluppare ulteriormente un regolare dialogo ad alto livello con i Partner per la cooperazione, al fine di migliorare la comprensione reciproca e assicurare un sostegno politico e un’assistenza ad alto livello per i Partner per la cooperazione, tenendo conto delle loro esigenze e priorità;

5. invita (…) OSCE, (…), a facilitare una più ampia partecipazione di funzionari e di rappresen- tanti della società civile dei Partner per la cooperazione a pertinenti eventi OSCE, anche attraverso l’utilizzo del Fondo di partenariato, a seconda dei casi;

6. incarica il Segretario generale, in consultazione con la Presidenza dell’OSCE, di valutare eventuali attività di cooperazione con i Partner, improntate all’azione e basate sui risultati, in coordinamento con le Nazioni Unite e con altre pertinenti organizzazioni e istituzioni regionali e internazionali, e di formulare proposte, come appropriato, finalizzate a ulteriori azioni da parte del Consiglio permanente;

7. chiede al Consiglio permanente di continuare a interessarsi della questione e di valutare le opzioni per futuri impegni con i Partner per la cooperazione, su loro richiesta;

8. incoraggia gli Stati partecipanti e i Partner per la cooperazione a condividere le loro esperienze e a contribuire alle attività dell’OSCE in tutte le tre dimensioni, anche attraverso contributi in favore del Fondo di partenariato, ove opportuno, al fine di promuovere ulteriormente l’impegno con i Partner per la cooperazione;

9. ribadisce la sua disponibilità a prendere in considerazione future e potenziali domande di par- tenariato presentate da Paesi interessati (…).

28 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) 2 16. A invitare i Partner per la cooperazione dell’OSCE a impegnarsi attivamente con noi per raf- forzare il nostro dialogo e la nostra cooperazione nella prevenzione e nel contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo, rispettando e proteggendo i diritti umani e le libertà fondamentali in tale contesto, prevenendo e contrastando le manifestazioni di intolleranza e discriminazione, incluse quelle basate sulla religione o sul credo, sulla xenofobia, sulla violenza, promuovendo altresì il dialogo interconfessionale, interreligioso e interculturale, (…), e a incoraggiare i Partner per la cooperazione a continuare ad avvalersi al meglio dei principi, delle norme e degli impegni dell’OSCE, così come dei suoi strumenti pertinenti;

Amburgo 2016 (Decisione N.5/16 sulle iniziative dell’OSCE relative alla riduzione dei rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione)

11. invita i Partner OSCE per la cooperazione a rafforzare il dialogo sulle iniziative volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione.

2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VII)

Gli Stati partecipanti riconoscono il significato universale dei diritti dell’uomo e delle libertà fon- damentali (…). Essi confermano il diritto dell’individuo di conoscere i propri diritti e doveri in questo campo e di agire in conseguenza. (…)

Essi confermano che (…) le organizzazioni e le persone hanno un ruolo proprio e positivo da svol- gere nel contribuire al conseguimento di tali obiettivi della loro cooperazione.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] ricordano il diritto dell’individuo di conoscere i propri diritti e doveri e di agire in conseguenza nel campo dei diritti dell’uomo e delle libertà fondamentali, come enun- ciato nell’Atto Finale, e intraprenderanno, nei loro rispettivi paesi, le azioni necessarie per garan- tire efficacemente tale diritto.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(12) [Gli Stati partecipanti] esprimono la propria determinazione di garantire l’esercizio effettivo dei diritti dell’uomo e delle libertà fondamentali (…).

(13) In tale contesto essi (…) (13.3) — provvederanno alla pubblicazione e alla diffusione del testo dell’Atto Finale, del Docu- mento Conclusivo di Madrid, del presente Documento e dei testi di qualsiasi strumento inter- nazionale pertinente nel campo dei diritti dell’uomo, al fine di assicurare la disponibilità di tali documenti nella loro interezza, di dar loro la massima divulgazione possibile e di renderli acces- sibili a tutti nei loro paesi, in particolare tramite le biblioteche pubbliche;

29 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

(13.4) — garantiranno l’effettivo diritto dell’individuo di conoscere i propri diritti e doveri in tale campo e di agire in conseguenza, e a tal fine pubblicheranno e renderanno accessibili tutte le leggi, regolamenti e le procedure concernenti i diritti dell’uomo e le libertà fondamentali; (13.5) — rispetteranno il diritto dei propri cittadini di contribuire attivamente, individualmente o in associazione con altri, alla promozione e alla tutela dei diritti dell’uomo e delle libertà fondamentali; (13.6) — incoraggeranno, nelle scuole e negli altri istituti d’istruzione, l’esame dei modi per pro- muovere e tutelare i diritti dell’uomo e le libertà fondamentali; (…) (13.8) — assicureranno che nessuna persona che eserciti, esprima l’intenzione di esercitare o cer- chi di esercitare tali diritti e libertà, o un membro della sua famiglia siano soggetti, per ciò stesso, a discriminazioni di alcun genere; (13.9) — assicureranno che coloro i quali asseriscono che, nei loro confronti, siano stati violati i diritti dell’uomo e le libertà fondamentali, dispongano di mezzi di ricorso efficaci nonché di com- plete informazioni in merito; fra l’altro, accorderanno ad essi la possibilità effettiva di avvalersi: • del diritto di ogni persona di presentare istanze agli organi esecutivi, legislativi, giudiziari od amministrativi; • del diritto ad un processo giusto e pubblico entro termini ragionevoli, di fronte ad un tribu- nale indipendente e imparziale, compreso il diritto di presentare argomentazioni giuridiche e di essere rappresentati da un avvocato di propria scelta; • del diritto di essere informati prontamente ed ufficialmente sulla decisione adottata in merito a ciascun ricorso, compresi i motivi giuridici sui quali è fondata la decisione. Queste informa- zioni verranno fornite di norma per iscritto e, in ogni caso, in modo tale da consentire all’inte- ressato di avvalersi effettivamente degli altri ricorsi disponibili. (…)

(26) (…) A tal fine essi rispetteranno il diritto delle persone a osservare e a promuovere l’applica- zione delle disposizioni CSCE e ad associarsi ad altri a tale scopo. Essi faciliteranno i contatti e le comunicazioni dirette fra tali persone, organizzazioni e istituzioni all’interno degli Stati parteci- panti e tra di essi ed elimineranno, ove esistano, gli ostacoli giuridici e amministrativi incompa- tibili con le disposizioni CSCE. Essi adotteranno inoltre misure efficaci per facilitare l’accesso alle informazioni sull’attuazione delle disposizioni CSCE e la libera espressione di opinioni in merito a tali questioni.

Copenhagen 1990

(10) Riaffermando il proprio impegno di garantire efficacemente il diritto dell’individuo di cono- scere i diritti dell’uomo e le libertà fondamentali e di avvalersene e di contribuire attivamente, individualmente o in associazione con altri, alla loro promozione e tutela, gli Stati partecipanti esprimono il proprio impegno di:

30 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

(10.1) rispettare il diritto di ciascuno, individualmente o in associazione con altri, di ricercare, rice- vere e comunicare liberamente opinioni e informazioni sui diritti dell’uomo e sulle libertà fonda- mentali, ivi compresi i diritti di diffondere e pubblicare tali opinioni e informazioni, 2 (10.2) rispettare i diritti di ciascuno, individualmente o in associazione con altri, di esaminare e discutere l’osservanza dei diritti dell’uomo e delle libertà fondamentali nonché di sviluppare e discutere idee per una migliore tutela dei diritti dell’uomo e mettere in atto mezzi migliori per garantire l’osservanza delle norme internazionali sui diritti dell’uomo, (10.3) assicurare che ad ognuno sia consentito di esercitare il diritto di associazione, ivi compreso il diritto di costituire, aderire e partecipare a tutti gli effetti alle organizzazioni non governative che si adoperano per promuovere e tutelare i diritti dell’uomo e le libertà fondamentali, inclusi i sindacati e i gruppi di vigilanza sui diritti dell’uomo, (10.4) consentire ai membri di tali gruppi e organizzazioni di accedere e di comunicare senza impe- dimenti con organismi analoghi all’interno e fuori dei propri paesi e con organizzazioni interna- zionali, di realizzare scambi, contatti e attività di cooperazione con tali gruppi e organizzazioni e di sollecitare, ricevere e utilizzare contributi finanziari volontari provenienti da fonti nazionali e internazionali, come previsto dalla legge, allo scopo di promuovere e tutelare i diritti dell’uomo e le libertà fondamentali.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Ricordiamo il ruolo rilevante che organizzazioni non governative, gruppi religiosi nonché altri gruppi e persone hanno svolto nella realizzazione degli obiettivi della CSCE e faciliteremo ulte- riormente le loro attività per l’attuazione degli impegni CSCE da parte degli Stati partecipanti. Tali organizzazioni, gruppi e persone devono essere coinvolti in modo adeguato nelle attività e nelle nuove strutture della CSCE per adempiere ai loro importanti compiti.

Mosca 1991

(43) Gli Stati partecipanti riconosceranno come organizzazioni non governative quelle che si dichia- rano tali, secondo le vigenti procedure nazionali, e faciliteranno nei loro territori a tali organizza- zioni non governative il libero svolgimento delle loro attività; e a tal fine essi (43.1) si adopereranno per ricercare i modi di rafforzare ulteriormente le modalità per contatti e scambi di opinioni fra le organizzazioni non governative e le competenti autorità nazionali e le istituzioni governative; (43.2) si adopereranno per facilitare le visite nei loro paesi da parte di organizzazioni non gover- native provenienti da un qualsiasi Stato partecipante al fine di osservare la situazione per quanto concerne la dimensione umana; (43.3) accolgono con favore le attività delle organizzazioni non governative, inclusa, fra l’altro, quella intesa a osservare l’attuazione degli impegni CSCE nel campo della dimensione umana;

31 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

(43.4) consentiranno alle organizzazioni non governative, considerata la loro importante fun- zione nell’ambito della dimensione umana della CSCE, di comunicare le loro opinioni ai propri governi ed ai governi di tutti gli altri Stati partecipanti nel corso dei futuri lavori sulla dimen- sione umana della CSCE. (43.5) Durante i futuri lavori della CSCE sulla Dimensione Umana, le organizzazioni non gover- native avranno l’opportunità di distribuire a tutte le delegazioni contributi scritti su questioni spe- cifiche della dimensione umana della CSCE. (43.6) Il Segretariato CSCE, nei limiti delle risorse a sua disposizione, risponderà favorevolmente alle richieste di documenti non riservati della CSCE da parte di organizzazioni non governative.

Helsinki 1992 (Dichiarazione del Vertice)

7. Riaffermiamo la validità dei principi guida e dei valori comuni dell’Atto Finale di Helsinki e della Carta di Parigi, che consacrano le responsabilità reciproche degli Stati e dei governi verso il loro popolo. Essi costituiscono la coscienza collettiva della nostra comunità. (…) Sottolineiamo i diritti democratici dei cittadini di richiedere da parte dei loro governi il rispetto di tali valori e modelli.

Helsinki 1992 (Decisioni: IV. Relazioni con organizzazioni internazionali, relazioni con Stati non partecipanti, ruolo delle organizzazioni non governative (ONG))

(1) (…) Gli sforzi positivi, volti ad edificare un ordine pacifico e democratico duraturo e a gestire il processo di cambiamento, richiedono un apporto più strutturato e sostanziale da parse di gruppi, persone, Stati ed organizzazioni al di fuori del processo CSCE.

A tal fine gli Stati partecipanti hanno deciso quanto segue: (…)

Maggiore trasparenza delle attività della CSCE, promozione della conoscenza della CSCE, amplia- mento del ruolo delle ONG

(12) Gli Stati partecipanti aumenteranno la trasparenza delle istituzioni e delle strutture CSCE ed assicureranno un’ampia diffusione delle informazioni sulla CSCE. (…)

(14) Gli Stati partecipanti forniranno opportunità per il maggiore coinvolgimento delle organiz- zazioni non governative nelle attività della CSCE.

(15) Essi, di conseguenza: • applicheranno a tutte le riunioni della CSCE le direttive precedentemente concordate per l’ac- cesso delle ONG a talune riunioni della CSCE, • apriranno alle ONG tutte le sedute plenarie delle conferenze di riesame, i seminari, i gruppi di studio e le riunioni dell’ODIHR, il CAF quando si riunisce come Foro Economico, le riunioni sull’attuazione dei diritti dell’uomo, nonché altre riunioni di esperti. Inoltre ogni riunione potrà decidere di aprire alcune altre sedute alla partecipazione delle ONG, • daranno istruzioni ai direttori delle istituzioni CSCE e ai Segretari Esecutivi delle riunioni della CSCE di designare una “persona di collegamento con le ONG” scelta fra il loro personale,

32 2.3.3 Individui, difensori dei diritti umani e organizzazioni non-governative

• designeranno, come opportuno, un funzionario dei loro Ministeri degli Esteri ed un membro delle loro delegazioni presso le riunioni della CSCE che saranno responsabili del collegamento con le ONG, 2 • promuoveranno contatti e scambi di vedute fra le ONG e i pertinenti enti nazionali e le istitu- zioni governative negli intervalli fra le riunioni della CSCE, • faciliteranno, nel corso delle riunioni della CSCE, riunioni di discussione informale fra i rap- presentanti degli Stati partecipanti e delle ONG, • incoraggeranno la presentazione di contributi scritti da parte delle ONG alle istituzioni e alle riu- nioni della CSCE, i cui titoli potranno essere conservati e forniti agli Stati partecipanti su richiesta, • incoraggeranno le ONG che organizzano seminari su questioni relative alla CSCE, • notificheranno alle ONG, tramite le istituzioni CSCE, le date delle future riunioni CSCE, assieme ad un’indicazione, ove possibile, degli argomenti da affrontare nonché, su richiesta, delle attiva- zioni dei meccanismi CSCE che sono stati resi noti a tutti gli Stati partecipanti.

(16) Le suddette disposizioni non si applicheranno a persone od organizzazioni che ricorrano all’uso della violenza o che giustifichino pubblicamente il terrorismo o l’uso della violenza.

(17) Gli Stati partecipanti utilizzeranno tutti i mezzi appropriati per diffondere il più ampiamente possibile in seno alle loro società la conoscenza della CSCE, dei suoi principi, dei suoi impegni e delle sue attività.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

18. Gli Stati partecipanti sottolineano (…) la necessità di tutelare i difensori dei diritti dell’uomo e attendono con interesse il completamento e l’adozione, nel quadro delle Nazioni Unite, del pro- getto di dichiarazione sui “Diritti e le responsabilità di persone, gruppi e organi della società al fine di promuovere e tutelare i diritti dell’uomo e le libertà fondamentali universalmente riconosciuti”.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

27. Le organizzazioni non governative (ONG) hanno un ruolo vitale da svolgere nella promozione dei diritti dell’uomo, della democrazia e dello stato di diritto. Esse sono parte integrante di una solida società civile. Ci impegniamo a potenziare la capacità delle ONG di contribuire pienamente all’ul- teriore sviluppo della società civile e al rispetto dei diritti dell’uomo e delle libertà fondamentali.

Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo) (…)

Riconosciamo che i diritti umani sono più tutelati nelle società democratiche, in cui le decisioni sono prese con massima trasparenza e ampia partecipazione. Sosteniamo una società civile plurali- stica e incoraggiamo partenariati con diversi attori per la promozione e la tutela dei diritti umani. (…)

33 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Astana 2010

6. (…) Apprezziamo il ruolo importante svolto dalla società civile e da mezzi d’informazione liberi nell’aiutarci ad assicurare il pieno rispetto dei diritti umani, delle libertà fondamentali, della demo- crazia, incluse consultazioni elettorali libere e imparziali, nonché dello stato di diritto.

Vilnius 2011

(…) riconoscendo l’importante ruolo svolto dalla società civile nei Paesi Partner per la coopera- zione nel promuovere la democrazia, lo stato di diritto e il pieno rispetto dei diritti umani e delle libertà fondamentali, (…)

2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

14. (…) Confermiamo individualmente la nostra volontà di osservare pienamente gli impegni assunti. Abbiamo inoltre la responsabilità comune di promuovere i principi OSCE. Siamo per- tanto decisi a cooperare in seno all’OSCE e con le sue istituzioni e i suoi rappresentanti (…). Coo- pereremo in uno spirito di solidarietà e di partnership nel continuo riesame dell’applicazione.

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

La risposta dell’OSCE

20. L’OSCE continuerà a svolgere un ruolo attivo nella sua regione, utilizzando appieno le sue istitu- zioni, l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR), l’Alto Commissario per le Minoranze Nazionali (HCNM) e il Rappresentante per la libertà dei mezzi di informazione (RFM), nonché le sue operazioni sul terreno e il suo Segretariato. Tali istituzioni costituiscono stru- menti importanti di assistenza agli Stati partecipanti nell’attuazione dei loro impegni, compreso il rispetto per i diritti dell’uomo, per la democrazia e per lo stato di diritto. In tutte le pertinenti attività si ricercheranno attivamente le possibilità di accrescere la cooperazione con l’Assemblea Parlamentare e, per suo tramite, con i parlamenti nazionali.

Astana 2010

5. (…) Sottolineiamo l’importante lavoro svolto dal Segretariato OSCE, dall’Alto Commissario per le minoranze nazionali, dall’Ufficio per le istituzioni democratiche e i diritti dell’uomo e dal Rap- presentante per la libertà dei mezzi d’informazione, nonché dalle operazioni sul terreno dell’O- SCE, in conformità ai loro rispettivi mandati, nell’assistere gli Stati partecipanti a dare attuazione ai loro impegni OSCE. Siamo determinati a intensificare la cooperazione con l’Assemblea parla- mentare dell’OSCE e incoraggiamo i suoi sforzi volti a promuovere la sicurezza, la democrazia e la prosperità in tutta l’area dell’OSCE e all’interno degli Stati partecipanti e ad accrescere la fiducia tra gli Stati partecipanti. (…)

34 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

A. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR)

I. Mandato generale, inclusi compiti generali aggiuntivi 2

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Decidiamo di istituire a Varsavia un Ufficio per le Libere Elezioni, per facilitare i contatti e lo scam- bio di informazioni sulle elezioni negli Stati partecipanti.

Parigi 1990 (Documento supplementare per l’attuazione di talune disposizioni contenute nella carta di Parigi per una nuova Europa)

G. Ufficio per le Libere Elezioni

1. L’Ufficio per le Libere Elezioni avrà la funzione di facilitare i contatti e lo scambio di informa- zioni sulle elezioni negli Stati partecipanti. In tal modo l’Ufficio promuoverà l’attuazione dei para- grafi 6, 7, e 8 del Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE (le pertinenti disposizioni sono riportate nell’Allegato I).

2. A tal fine, l’Ufficio: • compilerà informazioni, incluse le informazioni fornite dalle competenti autorità degli Stati partecipanti sulle date, sulle procedure e sui risultati ufficiali di elezioni nazionali program- mate negli Stati partecipanti, nonché rapporti sull’osservazione di elezioni e fornirà gli stessi, su richiesta, a governi, parlamenti e organizzazioni private interessate; • servirà a facilitare i contatti fra Governi, parlamenti o organizzazioni private che desiderino osservare elezioni e le competenti autorità degli Stati in cui le elezioni dovranno aver luogo; • su richiesta degli Stati partecipanti organizzerà seminari o altre riunioni concernenti le proce- dure elettorali e le istituzioni democratiche e fungerà da sede per detti incontri.

3. L’Ufficio terrà conto dei lavori di altre istituzioni attive in tale settore e coopererà con le stesse.

4. L’Ufficio adempierà ad altri compiti assegnatigli dal Consiglio.

Allegato 1 (Copenhagen 1990)

(6) Gli Stati partecipanti dichiarano che la volontà del popolo, liberamente e correttamente espressa mediante elezioni periodiche e oneste, costituisce la base dell’autorità e della legittimità di ogni governo. Gli Stati partecipanti rispetteranno, di conseguenza, il diritto dei propri cittadini di parte- cipare al governo del proprio paese sia direttamente sia tramite rappresentanti da essi liberamente eletti mediante procedure elettorali corrette. Essi riconoscono la responsabilità di garantire e pro- teggere, conformemente alle proprie leggi, agli obblighi internazionali relativi ai diritti dell’uomo e agli impegni internazionali assunti, l’ordinamento democratico liberamente stabilito attraverso la volontà del popolo contro le attività di persone, gruppi od organizzazioni impegnati in azioni terroristiche o che rifiutano di rinunciare al terrorismo o alla violenza miranti a rovesciare tale ordinamento o quello di un altro Stato partecipante.

(7) Per garantire che la volontà del popolo sia alla base dell’autorità di governo, gli Stati partecipanti (7.1) terranno libere elezioni ad intervalli ragionevoli, secondo quanto stabilito dalla legge,

35 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

(7.2) consentiranno che tutti i seggi di almeno una Camera della legislatura nazionale siano libe- ramente disputati in una votazione popolare, (7.3) garantiranno il suffragio universale e in condizioni di uguaglianza ai cittadini maggiorenni, (7.4) assicureranno votazioni segrete o equivalenti procedure di libera votazione e che i voti siano conteggiati e riportati onestamente e i loro risultati ufficiali resi pubblici, (7.5) rispetteranno il diritto dei cittadini di candidarsi a cariche politiche o pubbliche, personal- mente o in rappresentanza di partiti o organizzazioni politiche, senza discriminazione alcuna, (7.6) rispetteranno il diritto degli individui e dei gruppi di costituire, in piena libertà, propri par- titi politici o altre organizzazioni politiche e offriranno a tali partiti e organizzazioni politiche le garanzie giuridiche necessarie per consentire loro di competere reciprocamente sulla base dell’u- guaglianza di trattamento di fronte alla legge e da parte delle autorità, (7.7) assicureranno che la legge e il sistema politico consentano di condurre le campagne elettorali in un’atmosfera corretta e libera, nella quale né misure amministrative, né la violenza, né l’inti- midazione impediscano ai partiti e ai candidati di esporre liberamente le proprie opinioni e posi- zioni o impediscano agli elettori di conoscerle e discuterle nonché di dare il proprio voto senza timore di rappresaglie, (7.8) faranno sì che nessun ostacolo legale o amministrativo limiti il libero accesso ai mezzi di infor- mazione su base non discriminatoria per tutti i raggruppamenti politici e gli individui che inten- dono partecipare al processo elettorale, (7.9) assicureranno che i candidati che ottengono il necessario numero di voti richiesti dalla legge assumano debitamente la carica e che sia loro consentito di rimanere in carica fino alla scadenza del mandato o, comunque, fino al termine dello stesso quale regolato dalla legge, conformemente alle procedure parlamentari, costituzionali e democratiche.

Praga 1992 (Documento sull’ulteriore sviluppo delle istituzioni e delle strutture CSCE: III Dimensione umana)

9. Al fine di ampliare la cooperazione pratica fra gli Stati partecipanti nel campo della dimensione umana, i Ministri hanno deciso di attribuire funzioni supplementari all’Ufficio per le Libere Elezioni, che d’ora in avanti sarà denominato Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo.

10. Sotto la guida generale del CAF, l’Ufficio dovrebbe, fra l’altro: • organizzare una riunione CSCE di breve durata presso la sede dell’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo per trattare l’attuazione degli impegni relativi alla dimen- sione umana della CSCE ogni anno in cui non ha luogo una Riunione dei Seguiti. (…) • servire da struttura istituzionale per l’utilizzazione comune e lo scambio delle informazioni sull’assistenza tecnica disponibile, sulle consulenze e sui programmi nazionali ed internazio- nali intesi ad assistere le nuove democrazie nell’edificazione delle istituzioni; • facilitare i contatti tra coloro che offrono tali risorse e coloro che desiderano farne uso;

36 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

• sviluppare la cooperazione con il Consiglio d’Europa per utilizzare la sua base dati di tali risorse e servizi; • stabilire contatti con organizzazioni non governative attive nel campo dell’edificazione di isti- 2 tuzioni democratiche, al fine di consentire agli Stati partecipanti interessati l’utilizzazione delle loro notevoli risorse e competenze; • facilitare la cooperazione per quanto riguarda la formazione e l’educazione nelle discipline per- tinenti alle istituzioni democratiche; • organizzare incontri e seminari fra tutti gli Stati partecipanti su questioni relative all’edifica- zione e alla rivitalizzazione delle istituzioni democratiche, quali un seminario di breve durata sulla libertà dei mezzi d’informazione e, in un periodo appropriato, uno sulla migrazione. Tali incontri e seminari si terranno a Varsavia se non altrimenti deciso.

11. Al fine di evitare duplicazione di lavori, in special modo nei settori sopra elencati, i Ministri hanno incaricato l’Ufficio di operare strettamente con altre istituzioni attive nel campo dell’edifi- cazione delle istituzioni democratiche e dei diritti dell’uomo, in particolare il Consiglio d’Europa e la Commissione Europea per la Democrazia attraverso il Diritto.

12. Il CAF esaminerà annualmente la necessità di riunioni e seminari sulla dimensione umana e sulle istituzioni democratiche e definirà un programma di lavoro. (…)

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

(2) Gli Stati partecipanti esprimono la loro ferma determinazione di assicurare il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, di attenersi allo stato di diritto, di promuovere i principi della democrazia e a tale proposito di edificare, rafforzare e tutelare le istituzioni demo- cratiche, nonché di promuovere la tolleranza in tutta la società. A tale scopo, essi amplieranno il quadro operativo della CSCE, anche rafforzando ulteriormente l’ODIHR, in modo che infor- mazioni, idee e preoccupazioni possano essere scambiate in maniera più concreta e significativa, ivi compreso un preallarme delle tensioni e dei conflitti potenziali. Così facendo, essi focalizze- ranno la loro attenzione su temi di particolare importanza relativi alla Dimensione Umana. Essi pertanto terranno sotto costante esame il rafforzamento della Dimensione Umana, specialmente in un periodo di cambiamento. (…)

Quadro per il controllo dell’osservanza degli impegni CSCE e per la promozione della coopera- zione nel campo della Dimensione Umana

(4) Al fine di rafforzare e controllare l’osservanza degli impegni CSCE nonché di promuovere pro- gressi nel campo della Dimensione Umana, gli Stati partecipanti concordano di rafforzare il qua- dro della loro cooperazione e a tal fine decidono quanto segue:

37 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Accresciuto ruolo dell’ODIHR

(5) Sotto le direttive generali del CAF e in aggiunta ai suoi compiti esistenti, enunciati nella Carta di Parigi per una Nuova Europa e nel Documento di Praga sull’Ulteriore Sviluppo delle Istitu- zioni e delle Strutture CSCE, l’ODIHR in quanto istituzione principale nel campo della Dimen- sione Umana: (5a) contribuirà a controllare l’attuazione degli impegni nel campo della Dimensione Umana: • fungendo da sede per riunioni bilaterali ai sensi del paragrafo 2 e da canale per le informazioni ai sensi del paragrafo 3 del Meccanismo sulla Dimensione Umana enunciato nel Documento Conclusivo di Vienna; • accettando commenti dagli Stati visitati dalle missioni CSCE pertinenti alla Dimensione Umana diversi da quelli che rientrano nel Meccanismo della Dimensione Umana; esso trasmetterà il rapporto di tali missioni nonché gli eventuali commenti a tutti gli Stati partecipanti al fine di discuterli in occasione della successiva Riunione sull’attuazione o della conferenza di riesame; • partecipando o intraprendendo missioni quando verranno istituite dal Consiglio o dal CAF; (5b) fungerà da centro di coordinamento per fornire informazioni: • su uno stato di emergenza pubblica conformemente al paragrafo 28.10 del Documento della Riu- nione di Mosca della Conferenza sulla Dimensione Umana; • sugli elenchi di esperti e sull’assistenza, per esempio nel campo dei censimenti o sulla demo- crazia a livello locale e regionale, e sullo svolgimento di seminari nazionali su tali questioni; (5c) appoggerà altre attività nel campo della Dimensione Umana, inclusa l’edificazione di istitu- zioni democratiche: • adempiendo i compiti definiti nel “Programma di Supporto Coordinato per Stati partecipanti recentemente ammessi”; • organizzando “seminari sul processo democratico” dietro richiesta di Stati partecipanti. Le stesse disposizioni procedurali enunciate nel “Programma di supporto coordinato per Stati parteci- panti recentemente ammessi” si applicheranno anche a tali seminari; • contribuendo, nell’ambito delle risorse a sua disposizione, alla preparazione di seminari su richie- sta di uno o più Stati partecipanti; • fornendo, come opportuno, mezzi all’Alto Commissario per le Minoranze Nazionali; • comunicando, come opportuno, con organizzazioni internazionali e non governative pertinenti; • consultando e cooperando con gli organi pertinenti del Consiglio d’Europa e quelli ad esso asso- ciati ed esaminando come essi possano contribuire, nel modo opportuno, alle attività dell’O- DIHR. Inoltre l’ODIHR, dietro richiesta degli Stati partecipanti, fornirà loro informazioni sui programmi che, nel quadro del Consiglio d’Europa, sono aperti a tutti gli Stati partecipanti.

(6) Le attività sulle questioni della Dimensione Umana intraprese dall’ODIHR potranno, fra l’al- tro, contribuire al preallarme nella prevenzione dei conflitti.

Meccanismo della Dimensione Umana

(7) Al fine di allineare il Meccanismo della Dimensione Umana alle attuali strutture e istituzioni della CSCE gli Stati partecipanti decidono che:

38 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

della CSCE” del Documento Conclusivo di Vienna o sui risultati di tali procedure, agli Stati par- tecipanti tramite l’ODIHR — che potrà fungere parimenti da sede per riunioni bilaterali ai sensi del paragrafo 2 — o tramite canali diplomatici. Tali informazioni potranno essere discusse nelle 2 riunioni del CAF, nelle riunioni sull’Attuazione delle questioni relative alla Dimensione Umana e nelle conferenze di riesame. (…)

Riunioni sull’attuazione delle questioni relative alla Dimensione Umana

(10) La riunione sull’attuazione potrà sottoporre all’attenzione del CAF misure atte a migliorare l’attuazione che essa ritenga necessarie.

(11) La riunione sull’attuazione non produrrà un documento negoziato.

(12) Contributi scritti e materiale informativo avranno un carattere non riservato o riservato a seconda di come indicato dallo Stato proponente.

(13) Le riunioni sull’attuazione saranno organizzate in sedute formali e informali. Tutte le sedute formali saranno pubbliche. Inoltre gli Stati partecipanti potranno decidere, caso per caso, di ren- dere pubbliche le sedute informali.

(14) Il Consiglio d’Europa, la Commissione Europea per la Democrazia attraverso il Diritto e la Banca Europea per la Ricostruzione e lo Sviluppo (BERS), nonché altre istituzioni e organizza- zioni internazionali pertinenti saranno incoraggiate dalla riunione sull’attuazione a presenziare e a presentare contributi.

(15) Le organizzazioni non governative che abbiano competenza pertinente nel campo della Dimen- sione Umana sono invitate a presentare interventi scritti alla riunione sull’attuazione, per esem- pio tramite l’ODIHR, e potranno essere invitate dalla riunione sull’attuazione, sulla base dei loro interventi scritti, ad affrontare oralmente questioni specifiche come opportuno.

(16) Nel corso di due mezze giornate durante la riunione sull’attuazione non verranno previste sedute formali al fine di fornire migliori opportunità per eventuali contatti con le ONG. A tale scopo sarà messa a disposizione delle ONG una sale nella sede della riunione.

Seminari sulla Dimensione Umana della CSCE

(17) Sotto la guida generale del CAF, l’ODIHR organizzerà seminari sulla Dimensione Umana della CSCE che affronteranno questioni specifiche di particolare rilievo per la Dimensione Umana e oggetto di preoccupazione politica attuale. Il CAF stabilirà un programma di lavoro annuale che

39 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

comprenderà i titoli e le date di tali seminari. L’ordine del giorno e le modalità di ciascun semi- nario saranno approvati dal CAF al più tardi tre mesi prima del seminario. Così facendo, il CAF terrà conto delle opinioni espresse dall’ODIHR. Se non altrimenti deciso, i seminari si terranno nella sede dell’ODIHR e non dureranno più di una settimana. Il programma di lavoro terra conto dell’operato delle organizzazioni e delle istituzioni internazionali pertinenti.

(18) Tali seminari saranno organizzati con la massima aperture e flessibilità. Organizzazioni e isti- tuzioni internazionali pertinenti potranno essere invitate a presenziare e a presentare contributi. Altrettanto potranno fare le ONG con esperienza pertinente. Esperti indipendenti presenti al semi- nario quali membri di delegazioni nazionali saranno altresì liberi di prendere la parole secondo la loro propria competenza.

(19) I seminari CSCE saranno organizzati in sedute formali ed informali. Tutte le sedute formali saranno pubbliche. Inoltre gli Stati partecipanti potranno decidere, caso per caso, di rendere pub- bliche le sedute informali.

(20) I seminari della CSCE non produrranno un documento negoziato ne programmi sui seguiti.

(21) I contributi di esperti indipendenti saranno di carattere non riservato.

Roma 1993 (Decisioni: IV. La Dimensione Umana)

(3) Processo di consultazione politica e missioni CSCE. (…) • Maggior rilievo sarà dato alle questioni relative alla dimensione umana nei mandati delle mis- sioni CSCE nonché nei seguiti dei rapporti delle missioni. A tal fine all’ODIHR verrà attribu- ito un ruolo di maggior rilievo nella preparazione delle missioni CSCE per quanto riguarda, fra l’altro, le informazioni e le consulenze fornite alle missioni in base alle sue competenze. (…)

4. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo

I Ministri hanno deciso di potenziare le funzioni e le operazioni dell’ODIHR. L’ODIHR, fra l’al- tro, intensificherà le proprie attività, in base al suo mandato, nei seguenti settori: • istituzione di un registro di esperti allargato in campi attinenti alla dimensione umana. Si chiede agli Stati partecipanti e alle organizzazioni non governative di informare l’ODIHR in merito agli esperti disponibili in campi attinenti alla dimensione umana; (…) • rafforzamento della cooperazione con organizzazioni internazionali pertinenti al fine di coor- dinare le attività e individuare possibili aeree per iniziative comuni; • ricezione di informazioni fornite dalle ONG con esperienza pertinente nel campo della dimen- sione umana; • funzione di punto di contatto per informazioni fornite dagli Stati partecipanti conformemente agli impegni CSCE; • diffusione di informazioni generali relative alla dimensione umana e al diritto umanitario inter- nazionale.

40 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Budapest 1994 (Decisioni: VIII Dimensione Umana)

8. Quale principale istituzione della dimensione umana, l’ODIHR, di concerto con il Presidente 2 in esercizio, parteciperà, in veste di consulente, alle discussioni del Consiglio Superiore e del Con- siglio Permanente, riferendo a intervalli regolari sulle sue attività e fornendo informazioni sulle questioni relative all’attuazione. Esso fornirà materiale di supporto per il riesame annuale dell’at- tuazione e, ove necessario, chiarirà o integrerà le informazioni ricevute. Agendo in stretta con- sultazione con il Presidente in esercizio, il Direttore dell’ODIHR potrà proporre ulteriori azioni.

9. Gli Stati partecipanti riconoscono l’esigenza di potenziare, tramite l’ODIHR, la cooperazione con altre organizzazioni e istituzioni internazionali attive nel campo della dimensione umana, incluso, fra gli altri, l’Alto Commissario delle Nazioni Unite per i Diritti dell’Uomo, al fine di scam- biare informazioni, inclusi rapporti, nonché per sviluppare ulteriormente le attività orientate verso il futuro, come enunciato nel presente documento.

10. Gli Stati partecipanti decidono di: (…) • incaricare l’ODIHR di fungere da centro di coordinamento per lo scambio di dati sui mezzi d’in- formazione nella regione e incoraggiare i governi, i giornalisti e le ONG a fornire all’ODIHR informazioni sulla situazione dei mezzi di informazione.

11. L’ODIHR verrà consultato in merito al mandato di una missione CSCE prima della sua ado- zione e contribuirà a dar seguito ai rapporti delle missioni come deciso dal Consiglio Permanente. La conoscenza da parte dell’ODIHR di esperti nel campo della dimensione umana dovrebbe essere utilizzata per contribuire a dotare di personale le missioni CSCE. Tali missioni designeranno inol- tre un membro della missione che funga da collegamento con l’ODIHR e le ONG su questioni rela- tive alla dimensione umana. (…)

13. Le disposizioni di cui al capitolo relativo alla dimensione umana del presente documento non modificano in alcun modo il mandato dell’ODIHR né quello dell’ACMN.

Seminari dell’ODIHR

14. Il numero di seminari su vasta scala relativi alla dimensione umana sarà ridotto, di norma, a due all’anno. Essi si concentreranno su argomenti che destano il più ampio interesse.

Verrà dato maggior risalto ai seminari regionali. Ove appropriato, essi formeranno parte del Pro- gramma di Supporto Coordinato. Tali seminari dovrebbero cercare di ottenere la piena parteci- pazione degli Stati della regione in cui vengono tenuti. (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

43. Essi hanno concordato di sviluppare ulteriormente la capacità dell’ODIHR di mettere a dispo- sizione la sua ampia esperienza su questioni relative alla dimensione umana in base al Programma di Supporto Coordinato. Al fine di far fronte alle richieste di consulenza da parte dei nuovi Stati indipendenti interessati a tutti gli aspetti della democratizzazione, essi hanno deciso che l’im- piego di esperti itineranti nel quadro del Programma di Supporto Coordinato costituirebbe un utile potenziamento del ruolo dell’ODIHR.

41 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Lubiana 2005 (Decisione N.11/05 sulla promozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

incarica l’ODIHR, tenendo conto della pertinente competenza ed esperienza acquisita dalle strut- ture, dalle istituzioni e dalle operazioni sul terreno dell’OSCE, nonché dagli Stati partecipanti di: • produrre, ad uso degli Stati partecipanti, una raccolta delle migliori prassi per migliorare la pro- mozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE, inclusa la promozione della tolleranza, del rispetto e della comprensione reciproca e della non discriminazione.

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri, (…)

incarica l’ODIHR ed altre pertinenti strutture dell’OSCE di:

prestare assistenza agli Stati partecipanti affinché possano condividere validi esempi ed esperienze, come pure le migliori prassi per migliorare i sistemi di giustizia penale;

assistere gli Stati partecipanti, su loro richiesta, nel rafforzare le capacità istituzionali degli avvo- cati difensori nella tutela e nella difesa dei diritti dei loro clienti.

Bruxelles 2006 (Decisione N.5/06 sulla criminalità organizzata)

Il Consiglio dei ministri, (…)

(d) incarica il Segretario generale e l’ODIHR di informare regolarmente gli Stati partecipanti e di presentare prima della pausa estiva del 2007 agli Stati partecipanti un rapporto scritto congiunto sull’attuazione dei summenzionati compiti; (e) incarica il Consiglio permanente di tenere conto del sopraccitato rapporto e di prendere in con- siderazione, se del caso, eventuali azioni successive; (f) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, ivi incluso l’O- DIHR, ove appropriato e in coordinamento e cooperazione con altre organizzazioni e istituzioni internazionali, di predisporsi a rispondere prontamente alle proposte di progetti e alle richie- ste di cooperazione avanzate dagli Stati partecipanti e considerare la possibilità di facilitare pro- grammi di formazione, nell’ambito dei rispettivi mandati e nella misura in cui siano disponibili contribuiti a tal fine; (…)

II. Compiti aggiuntivi legati alle elezioni

Roma 1993 (Decisioni: IV. La Dimensione Umana)

4. Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo

42 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Budapest 1994 (Decisioni: VIII Dimensione Umana)

12. L’ODIHR svolgerà un ruolo più ampio nel monitoraggio delle elezioni prima, durante e dopo le votazioni. In tale contesto, l’ODIHR dovrebbe valutare le condizioni necessarie per un’attività libera e indipendente dei mezzi di informazione.

Gli Stati partecipanti chiedono che venga migliorato il coordinamento fra le diverse organizza- zioni di monitoraggio delle elezioni, e incaricano l’ODIHR di consultarsi con tutte le organizza- zioni competenti al fine di sviluppare una struttura di coordinamento in tale campo.

Al fine di snellire i preparativi e le procedure per il monitoraggio delle elezioni, l’ODIHR preparerà un manuale per osservatori delle elezioni e terrà un calendario aggiornato delle elezioni imminenti.

Maastricht 2003 (Decisione N.5/03 sulle elezioni)

Il Consiglio dei Ministri, (…)

incarica l’ODIHR di valutare i metodi per migliorare l’efficacia della sua assistenza agli Stati par- tecipanti nel dare seguito alle raccomandazioni contenute nei rapporti di osservazione elettorale dell’ODIHR.

Bruxelles 2006 (Decisione N.19/06 sul rafforzamento dell’efficienza dell’OSCE)

Il Consiglio dei ministri, (…)

1. Ringrazia l’ODIHR per il lavoro svolto nel contesto di quanto previsto nel paragrafo 2 della Deci- sione N.17/05 del Consiglio dei ministri e prende nota del rapporto presentato il 10 novembre 2006;

2. riconosce che l’ODIHR, nell’assolvimento del suo mandato, ha dimostrato la capacità di assi- stere gli Stati partecipanti nell’adempimento dei loro impegni attinenti alla dimensione umana; (…)

7. riconosce la competenza dell’ODIHR nell’assistere gli Stati partecipanti attraverso le sue attività connesse alle elezioni, compresa la revisione della pertinente legislazione e l’osservazione elettorale;

8. si impegna a sviluppare ulteriormente le attività dell’OSCE in materia di elezioni (…);

10. riafferma gli impegni degli Stati partecipanti di invitare osservatori elettorali di altri Stati par- tecipanti, dell’ODIHR, dell’Assemblea parlamentare dell’OSCE e da istituzioni e organizzazioni pertinenti che desiderino fungere da osservatori; (…)

43 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

12. riconosce la costante esigenza di garantire la responsabilità, l’obiettività, la trasparenza e la professionalità delle attività di osservazione elettorale;

13. concorda che l’ODIHR debba attuare i miglioramenti e le raccomandazioni riguardanti le attività elettorali, compreso quanto contenuto nel rapporto, e in particolare come elencato qui di seguito, e sottoponga regolarmente rapporti sulla loro attuazione, per il tramite del suo Direttore, all’e- same del Consiglio permanente, come appropriato: • rafforzare ulteriormente i metodi d’osservazione e i programmi di assistenza; • garantire una copertura geografica quanto più ampia possibile delle attività elettorali dell’ODIHR; • diversificare ulteriormente la partecipazione di osservatori sia a breve termine che a lungo ter- mine nonché di quelli facenti parte del “gruppo centrale”, sulla base di un maggiore sostegno offerto da un numero più elevato di Stati partecipanti, incoraggiando questi ultimi a contribuire al fondo per la diversificazione, appoggiando le attività nazionali di formazione e sviluppando reti su scala OSCE di osservatori elettorali professionisti; • rafforzare ulteriormente la trasparenza del reclutamento dei membri dei gruppi d’osservazione, rispettando al contempo i più elevati standard professionali, anche attraverso azioni attive di pub- blicità, formazione, procedure di selezione e liste aperte per i capi delle missioni d’osservazione elettorale e per i membri dei “gruppi centrali”, trasmesse regolarmente agli Stati partecipanti e rese disponibili attraverso banche dati accessibili pubblicamente; • dedicare la massima attenzione all’indipendenza, all’imparzialità e alla professionalità dell’os- servazione elettorale condotta dall’ODIHR; • ampliare la copertura linguistica e garantire che le lingue utilizzate non influenzino in alcun modo l’efficacia dell’osservazione;

14. sottolinea che l’osservazione elettorale è un impegno comune che coinvolge l’OSCE/ODIHR, l’Assemblea parlamentare dell’OSCE e altre istituzioni parlamentari;

15. riconosce che la stretta cooperazione con l’Assemblea parlamentare dell’OSCE rafforza in modo considerevole la visibilità delle attività di osservazione elettorale dell’OSCE, e esorta l’ODIHR a continuare a lavorare in partenariato con l’Assemblea parlamentare nell’ambito delle missioni di osservazione elettorale, sulla base dell’Accordo di cooperazione del 1997; (…)

III. Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti

Si veda anche: I. 2.3.4.A.IV: Ulteriori attività inerenti la tolleranza e la non discriminazione, ivi incluse le que- stioni dei Rom e dei Sinti

Budapest 1994 (Decisioni: VIII Dimensione Umana)

23. Gli Stati partecipanti decidono di nominare nell’ambito dell’ODIHR un punto di contatto per le questioni relative ai Rom e ai Sinti (Zingari). L’ODIHR sarà incaricato di: • agire da centro di coordinamento per lo scambio di informazioni sulle questioni relative ai Rom e ai Sinti (Zingari), incluse le informazioni sull’attuazione degli impegni concernenti i Rom e i Sinti (Zingari);

44 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

• agevolare i contatti sulle questioni relative ai Rom e ai Sinti (Zingari) fra gli Stati partecipanti, le organizzazioni internazionali e le ONG; • mantenere e sviluppare i contatti su tali questioni fra le istituzioni CSCE ed altre organizza- 2 zioni e istituzioni internazionali.

Al fine di adempiere a tali compiti, l’ODIHR utilizzerà pienamente le risorse esistenti. In tale con- testo essi accolgono con favore l’annuncio, da parte di talune organizzazioni di Rom e Sinti (Zin- gari), della loro intenzione di assicurare contributi volontari.

24. Gli Stati partecipanti esprimono compiacimento per le attività connesse con le questioni rela- tive ai Rom e ai Sinti (Zingari) svolte nell’ambito di altre organizzazioni e istituzioni internazio- nali, in particolare quelle intraprese dal Consiglio d’Europa.

Oslo 1998 (Decisione sul potenziamento delle capacità dell’OSCE concernenti le questioni relative ai Rom e ai Sinti)

Il Consiglio dei ministri,

considerando gli esistenti impegni dell’OSCE riguardanti i Rom e i Sinti, e

ricordando la decisione adottata nel Vertice di Budapest di nominare nell’ambito dell’ODIHR un Punto di contatto per le questioni relative ai Rom e ai Sinti (zingari),

1. Decide di potenziare le capacità dell’OSCE riguardanti tali questioni rafforzando l’esistente Punto di contatto ODIHR per le questioni relative ai Rom e ai Sinti, fra le cui priorità vi saranno le seguenti: • potenziare l’interazione dell’OSCE con i governi degli Stati partecipanti, con i rappresentanti delle comunità dei Rom e dei Sinti, nonché con le organizzazioni internazionali, le iniziative e le ONG pertinenti per le questioni dei Rom e dei Sinti, e in particolare assicurare l’ulteriore, reciproco rafforzamento della cooperazione con il Coordinatore per i Rom in seno al Consiglio d’Europa al fine di evitare la duplicazione degli sforzi, compreso lo svolgimento di consulta- zioni regolari con tali organizzazioni, iniziative e ONG al fine di sviluppare sinergie e approcci comuni volti a facilitare la piena integrazione delle comunità dei Roma e dei Sinti nelle società in cui essi vivono, preservandone l’identità; • intensificare la cooperazione fra le Istituzioni e le Missioni/presenze OSCE sul territorio in rife- rimento ai Rom e ai Sinti, se del caso; • sviluppare, grazie all’apporto degli Stati partecipanti, delle Istituzioni OSCE e in particolare dell’ACMN, delle comunità dei Rom e dei Sinti, delle ONG e delle organizzazioni internazio- nali e di altre istituzioni e iniziative, un programma di lavoro che includa, fra l’altro, seminari, gruppi di studio e centri di coordinamento; • raccogliere informazioni degli Stati partecipanti su misure legislative e di altro genere relative alla situazione dei Rom e dei Sinti, al fine di renderle disponibili alla comunità dell’OSCE, non- ché ad altre organizzazioni internazionali interessate, ed elaborare rapporti integrativi sulla situazione dei Rom e dei Sinti nell’area dell’OSCE;

2. decide inoltre che il Punto di contatto si occupi esclusivamente delle questioni concernenti i Rom e i Sinti.

45 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Maastricht 2003 (Annesso alla Decisione N.2/03 sulla lotta alla tratta di esseri umani; Piano di azione OSCE per la lotta alla tratta di esseri umani)

Azione per le istituzioni e gli organismi OSCE

6. Raccolta di dati e ricerca (…) 6.2 Incaricare il Punto di contatto dell’ODIHR sui Rom e i Sinti di continuare a raccogliere dati con- cernenti la tratta di esseri umani, in particolare bambini, e i suoi effetti sulle comunità di Rom e Sinti.

Maastricht 2003 (Annesso alla Decisione N.3/03; Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

III. Combattere razzismo e discriminazione

Legislazione e applicazione della legge

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

23. Il Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti (CPRSI) promuo- verà il miglioramento delle relazioni tra le organizzazioni non governative di Rom e Sinti (ONG) e gli Stati partecipanti.

24. L’ODIHR-CPRSI fungerà da centro di coordinamento per le iniziative intraprese dagli Stati partecipanti e agevolerà lo scambio di informazioni sulle migliori prassi.

25. L’ODIHR-CPRSI, in stretta cooperazione con gli Stati partecipanti, le comunità Rom e Sinti e, ove possibile, con altre organizzazioni internazionali, e nel pieno rispetto delle norme sulla tutela dei dati personali, raccoglierà una documentazione allo scopo di sviluppare politiche mirate più precise.

Polizia

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

34. L’ODIHR-CPRSI e l’Unità per le questioni strategiche di polizia elaboreranno, nell’ambito dei rispettivi mandati, una raccolta di “migliori prassi” della polizia nella regione OSCE riguardanti le attività di polizia e le comunità di Rom e Sinti.

35. L’ACMN, l’ODIHR-CPRSI e l’Unità per le questioni strategiche di polizia presteranno assi- stenza agli Stati partecipanti nell’elaborazione di codici di condotta intesi a prevenire discrimina- zioni razziali e a migliorare le relazioni interetniche.

IV. Affrontare le questioni socio-economiche

Alloggi e condizioni di vita

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

46 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

47. si incoraggia l’ODIHR-CPRSI e l’Ufficio del Coordinatore delle attività economiche e ambien- tali dell’OSCE (OCEEA) a svolgere un ruolo più incisivo nel facilitare il reperimento di informa- zioni relative a donatori stranieri e l’accesso alle risorse da questi messe a disposizione per specifici 2 progetti, in particolare quelli proposti dai gruppi Rom e Sinti, che riguardano lo sviluppo sociale ed economico delle comunità Rom e Sinti.

Disoccupazione e problemi economici

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

54. Su richiesta degli Stati partecipanti l’ODIHR-CPRSI e l’OCEEA presteranno sostegno allo svi- luppo dell’impiegabilità e delle capacità imprenditoriali delle popolazioni Rom e Sinti, mediante l’organizzazione di programmi di formazione e di aggiornamento professionale negli Stati parte- cipanti. Esperienze positive riguardanti in particolare lo sviluppo delle capacità imprenditoriali e delle piccole e medie imprese (PMI) (ad esempio il programma di seminari per giovani impren- ditori) potrebbero essere adattate alle necessità delle popolazioni Rom e Sinti. (…) (…)

56. L’ODIHR-CPRSI e l’OCEEA si baseranno sulle ricerche svolte dall’UNDP e da altre agen- zie per valutare le necessità delle popolazioni Rom e Sinti allo scopo di promuovere politiche che tengano conto dell’entità e della natura dei loro specifici bisogni in ciascuno Stato partecipante.

57. In coordinazione con le competenti organizzazioni internazionali (in particolare l’UNDP e la Banca Mondiale), l’ODIHR-CPRSI e l’OCEEA esamineranno metodi per stimolare un migliore accesso delle popolazioni Rom e Sinti a programmi regolari di formazione. Si potranno organizzare seminari o tavole rotonde secondo le necessità dei Rom e dei Sinti, al fine di informare e istruire i membri della comunità in merito ai diritti economici e sociali degli individui e degli imprenditori.

Assistenza sanitaria

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

65. L’ODIHR-CPRSI e, ove appropriato, altre istituzioni e strutture dell’OSCE, comprese le opera- zioni OSCE sul terreno, presteranno assistenza agli Stati partecipanti nell’avviare iniziative educa- tive destinate ad aiutare le popolazioni Rom e Sinti a utilizzare pienamente e regolarmente i servizi sanitari. Essi inoltre, raccoglieranno, elaboreranno e divulgheranno pertinenti informazioni sulle buone prassi in tale campo.

66. L’ODIHR-CPRSI si adopererà in modo particolare per assicurare l’accesso delle popolazioni Rom e Sinti ai programmi per la prevenzione e/o il trattamento dell’abuso di droga, della tossico- dipendenza, nonché dell’AIDS e delle malattie connesse.

VII. Rom e Sinti in situazioni di crisi e successive alle crisi (…)

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

47 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

114. Conformemente al suo mandato, l’ODIHR-CPRSI è chiamato a reagire con efficacia a situa- zioni di crisi anche attraverso la cooperazione con governi, organi intergovernativi e organizza- zioni internazionali pertinenti, in particolare con l’UNHCR, al fine di garantire la tutela delle comunità Rom a rischio.

115. L’ODIHR-CPRSI sensibilizzerà i pubblici ufficiali, i giornalisti e altri attori sulla situazione dei Rom e dei Sinti in aree di crisi e di conflitto.

VIII. Potenziare la cooperazione e il coordinamento con altre organizzazioni internazionali e ONG 118. L’ODIHR-CPRSI continuerà a partecipare attivamente al Gruppo di contatto informale sui Rom delle organizzazioni intergovernative*. (…)

121. L’ODIHR-CPRSI cercherà di consolidare il “Gruppo di contatto internazionale per i Rom”† e contribuirà ulteriormente all’iniziativa del Consiglio d’Europa per un possibile Foro europeo per i Rom e i nomadi.

122. L’ODIHR-CPRSI fornirà informazioni e servizi di coordinamento a competenti istituzioni nazionali e internazionali e faciliterà il dialogo tra tali istituzioni e le ONG Rom.

123. L’ODIHR-CPRSI cercherà di sviluppare relazioni con organizzazioni Rom e Sinti e le aiuterà a coordinare i loro sforzi e le loro risorse sia all’interno di singoli stati sia oltre i confini, nonché ad avvalersi pienamente delle opportunità fornite da politiche nazionali e internazionali concer- nenti Rom e Sinti.

124. L’ODIHR-CPRSI si avvarrà dell’esperienza e del contributo degli esistenti progetti di moni- toraggio elaborati da altre organizzazioni internazionali.

IX. Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti

125. Ove necessario, l’ODIHR-CPRSI faciliterà lo scambio di informazioni fra gli Stati parteci- panti all’OSCE che hanno sviluppato o stanno cercando di migliorare le politiche nazionali rela- tive ai Rom e ai Sinti.

126. Su richiesta, l’ODIHR-CPRSI fornirà consulenza agli Stati partecipanti su future politiche relative ai Rom e ai Sinti e stimolerà dibattiti fra i governi e le ONG Rom.

127. L’ODIHR-CPRSI sosterrà il rafforzamento delle capacità delle ONG Rom e Sinti.

128. L’ODIHR-CPRSI creerà una banca dati delle migliori prassi negli Stati partecipanti all’OSCE.

129. L’ODIHR-CPRSI dovrebbe assumere un ruolo dinamico nell’analizzare le misure adottate dagli Stati partecipanti nonché in situazioni ed episodi particolari relativi ai Rom e ai Sinti. A tal

* Il Gruppo di contatto informale sui Rom delle organizzazioni intergovernative è composto da rappresentanti dell’OSCE/ODIHR, del Consiglio d’Europa, della Commissione Europea e dell’Unione Europea. † Il Gruppo di contatto internazionale per i Rom è stato istituito nell’ottobre 2000 su iniziativa del Punto di con- tatto dell’ODIHR per le questioni relative ai Rom e i Sinti. Il Gruppo di contatto comprende rappresentanti dell’Unione internazionale dei Rom, del Congresso nazionale dei Rom, rappresentanti eletti Rom, esperti Rom e l’ODIHR-CPRSI.

48 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

fine il CPRSI stabilirà e svilupperà contatti diretti con gli Stati partecipanti e fornirà loro consu- lenza e pareri. 2 130. I governi interessati coopereranno con l’ODIHR-CPRSI nell’individuare soluzioni efficaci per situazioni di crisi.

131. L’ODIHR-CPRSI fornirà alle comunità Rom e Sinti maggiori informazioni sulle risorse e le attività dell’OSCE.

132. In cooperazione con le pertinenti istituzioni e strutture dell’OSCE, l’ODIHR elaborerà un’a- zione appropriata volta ad affrontare le cause profonde della tratta di esseri umani, specialmente di bambini, e a sensibilizzare le comunità Rom e Sinti sulle conseguenze di tale fenomeno. (…)

138. L’ODIHR-CPRSI diffonderà informazioni sul presente Piano d’azione presso le comunità e le organizzazioni Rom e Sinti nonché presso altre organizzazioni internazionali.

Mass Media

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

41. L’ODIHR-CPRSI e il Rappresentante per la libertà dei mezzi di informazione organizzeranno tavole rotonde con la partecipazione di giornalisti sull’immagine che le comunità Rom e Sinti hanno nella società.

VI. Rafforzare la partecipazione alla vita pubblica e politica

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

100. L’ODIHR-CPRSI dovrebbe contribuire ad organizzare corsi di formazione per le ONG Rom e presso queste, incluse organizzazioni mediatiche, a favore di più ampie comunità di Rom sulle questioni concernenti i processi democratici e la partecipazione. (…)

105. L’ODIHR-CPRSI e, ove appropriato, altre istituzioni e strutture dell’OSCE, incluse le opera- zioni OSCE sul terreno, elaboreranno programmi volti a incoraggiare i rappresentanti Rom e Sinti a candidarsi per gli organi elettivi o individueranno valide soluzioni che garantiscano la parteci- pazione dei rappresentanti Rom e Sinti ai processi decisionali nazionali e locali.

Kiev 2013 (Decisione N.4/13 sul potenziamento delle iniziative dell’OSCE volte ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, con particolare attenzione alle donne, ai giovani e ai bambini rom e sinti)

5. incoraggiare le pertinenti strutture esecutive dell’OSCE a potenziare le loro attività intese a svi- luppare le capacità delle donne e delle organizzazioni giovanili rom e sinti, al fine di promuovere l’emancipazione, l’istruzione e la non discriminazione tra le donne e i giovani rom e sinti e inco- raggiare la partecipazione paritaria delle donne rom e sinti in tutti i settori di loro interesse;

49 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

IV. Ulteriori attività inerenti la tolleranza e la non discriminazione, ivi incluse le questioni dei Rom e dei Sinti

Si veda anche: I. 2.3.4.A.III: Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti

Roma 1993 (Decisioni: X. Dichiarazione sul nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo)

1. Ricordando le loro decisioni adottate alla Riunione del Consiglio di Stoccolma, i Ministri hanno rilevato con profonda preoccupazione le crescenti manifestazioni di nazionalismo aggressivo, quali l’espansionismo territoriale, nonché di razzismo, sciovinismo, xenofobia e antisemitismo. (…)

6. I Ministri hanno deciso di riservare un posto di rilievo a tale questione nell’ordine del giorno della CSCE ed hanno pertanto deciso di: (…)

richiedere all’ODIHR di prestare particolare attenzione a tali fenomeni e destinare risorse, come necessario, per affrontare tali problemi.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

Bucarest 2001 (Decisione N.5/01)

Il Consiglio dei Ministri, (…)

invita le istituzioni dell’OSCE, in particolare l’ODIHR, l’Alto Commissario per le minoranze nazionali, e il Rappresentante per la libertà dei mezzi di informazione a prestare ancora mag- giore attenzione alle manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo e estremismo violento, a contrastare l’intolleranza e la discriminazione per motivi di origine razziale o etnica, opinioni religiose, politiche o altre e a promuovere il rispetto dello stato di diritto, dei valori democratici, dei diritti dell’uomo e delle libertà fondamentali, inclusa la libertà di espressione, pensiero, coscienza, religione o credo;

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

III. Combattere razzismo e discriminazione Legislazione e applicazione della legge

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

50 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

20. l’ODIHR e, ove appropriato, altre istituzioni e strutture dell’OSCE, comprese le operazioni OSCE sul terreno, assisteranno gli Stati partecipanti, su richiesta di questi ultimi, nell’elaborazione di una legislazione antidiscriminazione, nonché nella creazione di organi contro la discriminazione. 2 (…)

22. Su richiesta, l’ODIHR fornirà consulenza circa il modo in cui i meccanismi esistenti degli Stati partecipanti, quali uffici del difensore civico, commissioni per la lotta alla discriminazione, com- missioni disciplinari di polizia e altri organi pertinenti, possano attenuare le tensioni tra comu- nità Rom e Sinti e altre comunità.

Polizia

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

33. l’Unità per le questioni strategiche di polizia presso il Segretariato e l’ODIHR assisteranno gli Stati partecipanti nello sviluppo di programmi e di misure per il rafforzamento della fiducia, quali la polizia di prossimità, al fine di migliorare le relazioni tra i Rom e i Sinti e la polizia, in parti- colare a livello locale.

Mass Media

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

39. in cooperazione con l’ODIHR e con le competenti organizzazioni internazionali il Rappresen- tante per la libertà dei mezzi di informazione (RFOM) dovrebbe valutare il modo in cui l’OSCE può contribuire alla creazione di una Radio Europea Rom che trasmetta in tutta Europa. L’ODIHR e l’RFOM dovrebbero organizzare dibattiti pubblici, campagne antidiscriminazione e programmi di formazione congiunti con e per i media. (…)

Assistenza sanitaria

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

64. l’ODIHR, in cooperazione con altre organizzazioni internazionali e ONG, si baserà sui dati di ricerca esistenti per individuare i fattori socio-economici, politici e culturali che hanno un impatto sulla situazione sanitaria di specifiche popolazioni Rom e Sinti e raccomanderà agli Stati partecipanti programmi sanitari pubblici che rispondano alle necessità individuate.

VI. Rafforzare la partecipazione alla vita pubblica e politica

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

99. l’ODIHR e, ove appropriato, le istituzioni e le strutture dell’OSCE, incluse le operazioni OSCE sul terreno, elaboreranno programmi volti a promuovere la registrazione necessaria per la piena partecipazione politica. (…)

101. L’ODIHR e, ove appropriato, le istituzioni e strutture dell’OSCE, incluse le operazioni OSCE sul terreno, elaboreranno e attueranno programmi di educazione e registrazione degli elettori.

51 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

102. L’ODIHR fungerà da catalizzatore per scambi di informazioni e delle migliori prassi fra gli Stati partecipanti e le altre organizzazioni internazionali.

103. L’ODIHR continuerà e rafforzerà la prassi di valutare la partecipazione dei Rom alle procedure di votazione ed elettorali, e proseguirà la prassi di includere esperti Rom e Sinti nelle sue missioni di osservazione elettorale nell’area dell’OSCE. (…)

106. L’ODIHR dedicherà particolare attenzione alle attività volte ad accrescere l’accesso delle donne Rom a tutte le aree della vita pubblica a politica.

VII. Rom e Sinti in situazioni di crisi e successive alle crisi

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

113. l’ODIHR si avvarrà del suo ruolo specifico per affrontare la prevenzione dei conflitti e indi- viduare le aree di crisi potenziale che richiedono un intervento tempestivo. (…)

116. L’ODIHR assumerà un ruolo attivo nell’analizzare le misure intraprese dagli Stati parteci- panti relative ai Rom e ai Sinti e presterà consulenza al fine di affrontare più efficacemente i motivi di tensione in contesti locali particolari che potrebbero sfociare, se non affrontati, in situazioni di conflitto aperto.

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

6. incoraggia tutti gli Stati partecipanti a raccogliere e a registrare informazioni e statistiche atten- dibili sui crimini e sulle altre manifestazioni di violenza motivate da razzismo, xenofobia, discrimi- nazione e antisemitismo come è stato discusso e raccomandato nelle conferenze summenzionate. Riconoscendo l’importanza di una legislazione destinata a combattere tali crimini, gli Stati par- tecipanti informeranno l’ODIHR circa la legislazione esistente in materia di crimini alimentati dall’intolleranza e dalla discriminazione e, ove appropriato, ricorreranno all’assistenza dell’O- DIHR nell’elaborazione e nel riesame di tale legislazione;

7. incarica l’ODIHR, in piena cooperazione anche con il Comitato delle Nazioni Unite per l’elimi- nazione della discriminazione razziale (UNCERD), con la Commissione europea contro il razzismo e l’intolleranza (ECRI) e con l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC), nonché con le competenti ONG di fungere da punto di raccolta delle informazioni e delle stati- stiche ottenute dagli Stati partecipanti e di riferire regolarmente in merito a tali questioni, anche attraverso la Riunione di attuazione nel quadro della dimensione umana, quale base per determi- nare le priorità di futuri lavori. L’ODIHR promuoverà inoltre le migliori prassi e divulgherà gli insegnamenti appresi nella lotta contro l’intolleranza e la discriminazione; (…)

16. incarica il Consiglio Permanente, l’ODIHR, l’HCNM e il RFOM, in stretta cooperazione con il Presidente in esercizio, di assicurare che venga dato seguito efficacemente alle pertinenti

52 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

disposizioni della presente decisione e chiede al Consiglio Permanente di occuparsi delle moda- lità operative e finanziarie relative alla sua attuazione. 2 Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.607: Lotta all’antisemitismo)

Il Consiglio permanente, (…)

Al fine di rafforzare i nostri sforzi comuni per combattere l’antisemitismo in tutta la regione dell’OSCE,

decide (…)

2. di incaricare l’ODIHR di: • seguire attentamente in stretta cooperazione con altre istituzioni OSCE nonché con il Comitato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), la Commis- sione europea contro il razzismo e l’intolleranza (ECRI), l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC) e altre istituzioni e ONG internazionali pertinenti, i casi di anti- semitismo nella regione dell’OSCE avvalendosi di tutte le informazioni attendibili disponibili; • riferire i risultati delle sue attività al Consiglio permanente e alla Riunione di attuazione nel quadro della dimensione umana e rendere pubblici tali risultati. Tali rapporti dovrebbero essere anche considerati nella determinazione delle priorità del lavoro dell’OSCE inerente i fenomeni di intolleranza; • raccogliere e diffondere regolarmente informazioni in tutta l’area dell’OSCE sulle migliori prassi per prevenire e far fronte al fenomeno dell’antisemitismo e, se necessario, offrire consulenza agli Stati partecipanti nei loro sforzi volti a combattere l’antisemitismo; (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni volti alla lotta contro le manifestazioni di intolleranza nella regione dell’OSCE,

decide, (…)

2. di incaricare l’ODIHR di: • seguire da vicino, in stretta cooperazione con altre istituzioni OSCE nonché con il Comitato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), l’Ufficio delle Nazioni Unite dell’Alto commissario per i diritti dell’uomo (UNHCHR), la Commissione euro- pea contro il razzismo e l’intolleranza (ECRI), l’Osservatorio europeo dei fenomeni di razzismo e xenofobia (EUMC) e altre istituzioni e ONG internazionali pertinenti, episodi motivati da raz- zismo, xenofobia o da relativa intolleranza, inclusi quelli nei confronti dei musulmani, e dall’an- tisemitismo nell’area dell’OSCE, utilizzando tutte le informazioni attendibili a disposizione;

53 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

• riferire in merito alle sue conclusioni al Consiglio permanente e alla Riunione di attuazione nel quadro della dimensione umana e rendere pubbliche tali conclusioni. Tali rapporti dovreb- bero anche essere considerati nelle decisioni relative alle priorità per le attività dell’OSCE nel campo dell’intolleranza; • raccogliere e divulgare sistematicamente informazioni in tutta l’area dell’OSCE sulle migliori prassi volte a prevenire e a far fronte ai fenomeni del razzismo, della xenofobia e della discrimi- nazione e, se richiesto, di prestare consulenza agli Stati partecipanti nei loro sforzi volti a com- battere il razzismo, la xenofobia e la discriminazione; • sostenere la capacità della società civile e lo sviluppo di partnership per affrontare il razzismo, la xenofobia, la discriminazione o la relativa intolleranza, inclusa quella nei confronti dei musul- mani, nonché l’antisemitismo; (…)

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri, (…)

6. incarica l’ODIHR di: 6.1 prestare assistenza agli Stati partecipanti, su richiesta di questi ultimi, nello sviluppo di appro- priate metodologie e capacità per la raccolta e la gestione di informazioni e statistiche attendibili sui crimini ispirati dall’odio e sulle manifestazioni violente di intolleranza e discriminazione, al fine di coadiuvarli nella raccolta di dati e statistiche comparabili; 6.2 continuare la cooperazione con altre strutture e istituzioni dell’OSCE, nonché con il Comi- tato delle Nazioni Unite per l’eliminazione della discriminazione razziale (UNCERD), con l’Ufficio dell’Alto commissario delle Nazioni Unite per i diritti dell’uomo (UNHCHR), con la Commissione europea contro il razzismo e l’intolleranza (ECRI), con il Centro europeo di monitoraggio sul raz- zismo e la xenofobia (EUMC), con la Task Force per la cooperazione internazionale sull’Olocausto nei settori dell’educazione, della memoria e della ricerca, nonché con altre pertinenti istituzioni e con la società civile, comprese le organizzazioni non governative; 6.3 mediante il suo Gruppo consultivo di esperti sulla libertà di religione o di credo, continuare a fornire sostegno agli Stati partecipanti, su richiesta di questi ultimi, per iniziative volte a pro- muovere la libertà di religione o di credo, e condividere con gli Stati partecipanti all’OSCE le con- clusioni e le opinioni del Gruppo, sia a livello bilaterale, sia in occasione di pertinenti conferenze ed eventi dell’OSCE; (…)

Lubiana 2005 (Decisione N.11/05 sulla promozione dell’educazione e della formazione in materia di diritti umani nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

54 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci) 2 Il Consiglio dei ministri, (…)

14. incoraggia l’Ufficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR), conforme- mente agli impegni esistenti, anche attraverso la cooperazione con pertinenti strutture esecutive dell’OSCE: (a) a rafforzare ulteriormente le attività nell’ambito del suo Programma per la tolleranza e la non discriminazione, in particolare i relativi programmi di assistenza, al fine di fornire sostegno agli Stati partecipanti, su loro richiesta, nell’attuazione dei loro impegni; (b) a rafforzare ulteriormente l’attività del Comitato consultivo di esperti dell’ODIHR sulla libertà di religione o credo, nel prestare sostegno e assistenza specializzata agli Stati partecipanti; (c) a proseguire la sua stretta cooperazione con altre pertinenti agenzie intergovernative e settori della società civile impegnati nella promozione del rispetto e della comprensione reciproci e nella lotta all’intolleranza e alla discriminazione, anche attraverso la raccolta di dati relativi ai crimini ispirati dall’odio; (d) a continuare a servire da punto di raccolta di informazioni e statistiche fornite dagli Stati par- tecipanti sui crimini ispirati dall’odio e sulla pertinente legislazione, nonché a rendere accessibili al pubblico tali informazioni attraverso il suo sistema di informazioni sulla tolleranza e la non discriminazione e i suoi rapporti sulle sfide e le risposte a episodi motivati dall’odio nella regione dell’OSCE; (e) a rafforzare, nell’ambito delle risorse esistenti, la sua funzione di preallarme al fine di indivi- duare episodi e tendenze motivati dall’odio, di riferire e sensibilizzare l’opinione pubblica in merito, e di fornire agli Stati partecipanti, su loro richiesta, raccomandazioni e assistenza in settori in cui sono necessarie risposte più adeguate; (…)

Helsinki 2008 (Decisione N.6/08 sul potenziamento delle iniziative dell’OSCE volte ad attuare il piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

determinato a potenziare le iniziative dell’OSCE volte ad attuare il Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, (…)

2. invita l’ODIHR, nell’ambito delle risorse esistenti, ad assistere gli Stati partecipanti, su loro richie- sta, nella promozione dell’accesso dei bambini rom e sinti all’istruzione primaria. Al riguardo, esorta gli Stati partecipanti, ove appropriato, ad intraprendere iniziative di sensibilizzazione dell’opi- nione pubblica, che includano anche le comunità rom e sinti, sui vantaggi dell’istruzione primaria; (…)

55 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri, (…)

6. incarica l’ODIHR, in cooperazione e in coordinamento con l’ACMN e con il Rappresentante per la libertà dei mezzi d’informazione nonché con altre pertinenti strutture esecutive dell’OSCE, nel quadro dei loro mandati e delle risorse disponibili, di continuare ad assistere gli Stati parte- cipanti a combattere gli atti di discriminazione e violenza contro i rom e i sinti, a contrastare gli stereotipi negativi dei rom e dei sinti nei mezzi di informazione tenendo conto dei pertinenti impegni dell’OSCE in materia di libertà dei media, e ad attuare pienamente gli impegni dell’O- SCE attinenti in particolare all’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE nonché ad affrontare le sfide legate ad un’integrazione sostenibile ed efficace dei rom e dei sinti; (…)

8. incarica l’ODIHR, in consultazione con gli Stati partecipanti e in stretta cooperazione con altre pertinenti istituzioni dell’OSCE, nel quadro dei loro mandati, di elaborare e attuare pertinenti progetti in materia d’istruzione primaria dei rom e dei sinti, come ad esempio progetti relativi alla formazione degli insegnanti e alla soluzione del problema della scarsa frequenza scolastica;

9. incoraggia le pertinenti istituzioni dell’OSCE a rafforzare la loro cooperazione e il loro coordina- mento con altri pertinenti attori internazionali quali il Consiglio d’Europa e l’Unione europea, ove appropriato, nonché con attori della società civile impegnati in questioni relative ai rom e ai sinti;

10. invita il Direttore dell’ODIHR a informare gli Stati partecipanti, nei suoi regolari rapporti al Consiglio permanente, in merito alle attività dell’ODIHR intese ad assistere gli Stati parteci- panti a promuovere un’integrazione sostenibile dei rom e dei sinti.

Atene 2009 Decisione N.9/09 sulla lotta ai crimini ispirati dall’odio)

Il Consiglio dei ministri, (…)

12. incarica l’ODIHR di individuare, in consultazione con gli Stati partecipanti e in cooperazione con organizzazioni internazionali e attori della società civile pertinenti, il legame potenziale tra l’uso di Internet e la violenza motivata dal pregiudizio e il danno che esso arreca, nonché even- tuali misure pratiche da adottare;

13. invita il Direttore dell’ODIHR, nei suoi regolari rapporti al Consiglio permanente, a informare gli Stati partecipanti in merito alle attività svolte dall’ODIHR nel quadro dell’appoggio fornito agli Stati partecipanti per contrastare i crimini ispirati dall’odio.

Basilea 2014 (Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo)

chiediamo all’ODIHR di:

offrire agli Stati partecipanti le migliori prassi relative agli sforzi per contrastare l’antisemitismo, anche consultando la società civile, al fine di individuare e affrontare in modo efficace le attuali manifestazioni di antisemitismo;

56 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

facilitare la cooperazione tra funzionari governativi e la società civile su questioni relative all’an- tisemitismo, inclusi i crimini ispirati dall’odio e la memoria dell’Olocausto; 2 assistere gli Stati partecipanti nei loro sforzi intesi a raccogliere dati sui crimini ispirati dall’odio antisemitico, in cooperazione con la società civile, ove appropriato;

facilitare lo scambio di buone prassi tra gli Stati partecipanti su iniziative educative e altre misure di sensibilizzazione sull’antisemitismo e superare le difficoltà legate all’educazione all’Olocausto;

promuovere il dialogo e rafforzare la capacità della società civile di promuovere il rispetto e la com- prensione reciproci, al fine di sostenere la causa della cooperazione tra comunità diverse.

V. Ulteriori attività inerenti la parità di genere

Sofia 2004 (Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi)

V. Sostegno agli Stati partecipanti all’OSCE nell’attuazione di pertinenti impegni per la promozione della parità fra uomini e donne (…)

44. Priorità (a) Sviluppo di progetti in Paesi OSCE che non ospitano missioni • In Paesi senza missioni, l’ODIHR individuerà progetti volti a sostenere iniziative nel campo della prevenzione della violenza contro le donne, della promozione delle donne nei settori pubblico, politico ed economico, nonché del sostegno alla messa a punto di prassi volte ad accordare costan- temente la dovuta considerazione agli aspetti legati alle differenze fra i sessi a livello nazionale. (b) Creazione di quadri giuridici e di politiche non discriminatori • l’ODIHR, in cooperazione con altre organizzazioni internazionali e pertinenti organismi e isti- tuzioni nazionali, assisterà gli Stati partecipanti all’OSCE nell’ottemperare agli strumenti inter- nazionali per la promozione della parità fra i sessi e dei diritti della donna e nella verifica della legislazione, al fine di assicurare adeguate garanzie giuridiche per la promozione della parità in conformità con gli impegni dell’OSCE e con altri impegni; • l’ODIHR presterà assistenza nello sviluppo e nell’attuazione di specifici programmi ed attività al fine di promuovere i diritti delle donne, rafforzare il loro ruolo a tutti i livelli del potere deci- sionale, nonché promuovere l’uguaglianza fra uomini e donne in tutta l’area dell’OSCE, in par- ticolare attraverso l’educazione alla presa di coscienza sui temi della parità; • l’ODIHR presterà assistenza nell’attuazione e nella valutazione di strategie e piani di azione nazionali relativi a misure volte a promuovere la parità fra i sessi e la prassi di accordare costan- temente la dovuta considerazione agli aspetti legati alle differenze fra i sessi; (…) (d) Pari opportunità di partecipazione delle donne nella vita politica e pubblica • l’ODIHR assisterà gli Stati partecipanti a sviluppare misure efficaci volte a conseguire pari opportunità di partecipazione delle donne ai processi democratici e li assisterà nell’elaborazione di migliori prassi per la loro attuazione;

57 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

• l’ODIHR e le operazioni sul terreno dell’OSCE presteranno assistenza, come appropriato, nel potenziamento delle capacità e delle competenze locali in materia di parità fra i sessi, nonché delle reti di collegamento fra rappresentanti delle comunità ed esponenti politici; • l’ODIHR continuerà ad assistere gli Stati partecipanti nella promozione della partecipazione politica delle donne e continuerà, nel quadro della propria Missione di osservazione elettorale, a monitorare e a riferire in merito alla partecipazione delle donne ai processi elettorali. Ove pos- sibile, l’ODIHR commissionerà e pubblicherà inoltre rapporti analitici specifici sulla situazione delle donne nei processi elettorali; (g) Creazione di meccanismi nazionali per l’avanzamento delle donne • l’ODIHR continuerà a fornire competenze e sostegno per la creazione di istituzioni democra- tiche, come gli uffici del difensore civico a livello locale e nazionale, come appropriato, aventi il fine di promuovere la prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi; • l’ODIHR agevolerà il dialogo e la cooperazione fra la società civile, i mezzi di informazione e il governo nella promozione della prassi di accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi.

VI. Ulteriori attività inerenti la lotta alla tratta di esseri umani

Vienna 2000 (Decisione sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani)

Il Consiglio dei ministri, (…)

7. invita le istituzioni OSCE, in particolare l’ODIHR, e le operazioni sul territorio a elaborare e ad attuare programmi di lotta al traffico illecito e a promuovere sforzi coordinati nei settori della pre- venzione, delle azioni penali e della protezione, in cooperazione con organizzazioni non governa- tive nonché con organizzazioni internazionali ed altre istituzioni competenti; (…)

13. esorta il Segretariato OSCE ad intensificare, in cooperazione con l’ODIHR, nei suoi programmi di addestramento del personale OSCE sul territorio, la formazione anti-traffico al fine di poten- ziarne la capacità di monitorare, riferire e affrontare il problema del traffico di persone mediante regolari attività OSCE e ad accrescere la consapevolezza dei problemi del traffico nell’ambito delle istituzioni OSCE e fra il personale OSCE; tali programmi di formazione dovranno essere resi dispo- nibili anche agli Stati partecipanti e ad altre organizzazioni internazionali; (…)

Maastricht 2003 (Annesso alla Decisione N.2/03 sulla lotta alla tratta di esseri umani; Piano di azione OSCE per la lotta alla tratta di esseri umani)

III. Indagini, applicazione della legge e azione penale (…)

9. Esame e riforma delle leggi

58 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

9.1 L’ODIHR e, se del caso, le operazioni sul terreno continueranno a promuovere e a sostenere le iniziative volte all’esame della riforma delle leggi in osservanza delle norme internazionali. (…) 2 10.4 L’ODIHR, nell’ambito dell’assistenza prestata per l’elaborazione dei Meccanismi Nazionali di Riferimento, continuerà a promuovere e incoraggiare la cooperazione fra gli organi preposti alla tutela della legge e la società civile. (…)

12. Formazione 12.1 L’ODIHR e l’Unità OSCE per le questioni strategiche di polizia continueranno ad elaborare materiali di formazione destinati alle autorità preposte all’applicazione della legge sulle indagini relative alla tratta di esseri umani e ai reati sessuali, si consulteranno con l’Accademia interna- zionale per l’applicazione della legge (ILEA) di Budapest in merito alla possibilità di inserire tale formazione nei programmi ILEA, individueranno formatori dell’ordine pubblico adeguati per prov- vedere alla formazione e faciliteranno il finanziamento delle sessioni di formazione per le autorità preposte all’applicazione della legge negli Stati partecipanti all’OSCE.

IV. Prevenzione della tratta di esseri umani

8. Incremento della sensibilizzazione 8.1 L’ODIHR e, se del caso, le operazioni sul terreno continueranno a contribuire ai progetti di ricerca nonché alla promozione e alla realizzazione di iniziative volte a incrementare la sensi- bilizzazione in cooperazione con partner competenti in tutta la regione OSCE. 8.2 (…) L’ODIHR intensificherà le attività di formazione riguardo alla responsabilità dei media nella trattazione del problema della tratta di esseri umani in modo sensibile e senza accentuare stereotipi negativi. La formazione sottolineerà la complessità del fenomeno della tratta di esseri umani e la necessità di una risposta globale.

V. Protezione e assistenza

11. Meccanismi di riferimento nazionale (NRM) 11.1 Intensificare le attività dell’OSCE, in particolare dell’ODIHR, nell’assistere gli Stati parteci- panti, su loro richiesta, per l’istituzione degli NRM. 11.2 Incaricare l’Unità OSCE per le questioni strategiche di polizia, nonché l’ODIHR, di elaborare ulteriormente linee guida o un manuale per l’individuazione di vittime sospette e di prove di tratta di esseri umani, al fine di assistere gli Stati partecipanti, se del caso. (…)

14. Formazione (…) 14.2 Incaricare l’ODIHR di raccogliere e diffondere informazioni sulle misure, i programmi e i materiali di formazione già disponibili negli Stati partecipanti all’OSCE.

59 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

loro richiesta, per adeguare la loro legislazione nazionale in osservanza delle norme e degli stan- dard internazionali, in particolare promuovendo un approccio umanitario e comprensivo alle vit- time della tratta di esseri umani.

VI. Seguiti e meccanismi di coordinamento

7. incarica l’ODIHR di prestare l’assistenza tecnica necessaria agli Stati partecipanti, ove appro- priato, nell’elaborazione di Piani di azione antitratta di esseri umani nazionali, incluse misure legi- slative e altre misure di assistenza volte a prevenire e a combattere efficacemente la tratta di esseri umani e a proteggere le vittime; (…)

9. incarica l’ODIHR di sviluppare ulteriormente la sua funzione di centro di coordinamento per lo scambio di informazioni, contatti, materiali e buone prassi e di intensificare le sue attività rela- tive ai progetti.

VII. Ulteriori attività inerenti la lotta al terrorismo

Bucarest 2001 (Annesso alla Decisione 1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

II. Obblighi giuridici internazionali e impegni politici (…)

6. L’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR): Su richiesta for- male degli Stati partecipanti interessati, e ove appropriato, offrirà assistenza/consulenza tecnica sulla prima stesura legislativa necessaria per la ratifica di strumenti internazionali, in stretta coo- perazione con altre organizzazioni internazionali incluso L’Ufficio delle Nazioni Unite per il Con- trollo della Droga e la Prevenzione del Crimine (UNODCCP). (…)

III. Azione preventiva contro il terrorismo nell’area OSCE (…)

10. Creazione di istituzioni, rafforzamento dello stato di diritto e delle autorità statali: L’ODIHR: con- tinuerà a incrementare gli sforzi intesi e, su richiesta degli Stati, a promuovere e aiutare la creazione di istituzioni democratiche, contribuendo anche al potenziamento delle capacità amministrative, del governo centrale e delle amministrazioni locali, delle strutture parlamentari, della magistra- tura, dell’istituto del difensore civico e della società civile. A tale riguardo faciliterà gli scambi in merito delle migliori prassi e delle esperienze tra gli Stati partecipanti. Continuerà inoltre a svi- luppare progetti intesi a consolidare le istituzioni democratiche, la società civile e il buon governo. (…)

Rafforzamento della legislazione nazionale antiterrorismo: (…)

18. L’ODIHR: Su richiesta degli Stati partecipanti e ove appropriato, offrirà assistenza/consulenza tecnica sull’attuazione delle convenzioni e dei protocolli internazionali antiterrorismo nonché sulla

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conformità della legislazione nazionale con gli standard internazionali, conformemente alle deci- sioni del Consiglio Permanente, e cercherà a tal fine la cooperazione con altre organizzazioni, in particolare con l’UNODCCP. Considererà la possibilità di facilitare i contatti fra esperti nazionali 2 per promuovere lo scambio di informazioni e le migliori prassi sulla legislazione antiterrorismo. (…)

Sostegno agli organi preposti all’applicazione della legge e alla lotta alla criminalità organizzata: (…)

22. L’ODIHR: fornirà una costante consulenza agli Stati partecipanti, su loro richiesta, sul raffor- zamento degli ordinamenti giuridici nazionali e sulle istituzioni che difendono lo stato di diritto, quali gli organi di tutela dell’ordine pubblico, la magistratura e le procure, le associazioni forensi e gli avvocati della difesa. L’ODIHR intensificherà gli sforzi diretti a combattere il traffico di esseri umani e sostenere le vittime di tale traffico. Ove appropriato, sosterrà la riforma dei penitenziari e il miglioramento dei codici di procedura penale.

Lubiana 2005 (Dichiarazione del Consiglio dei ministri sulla Convenzione internazionale per la repressione degli atti di terrorismo nucleare)

1. Noi, Ministri degli affari esteri degli Stati partecipanti all’OSCE, accogliamo con favore l’ado- zione da parte dell’Assemblea generale delle Nazioni Unite della Convenzione internazionale per la repressione degli atti di terrorismo nucleare. (…)

4. Sollecitiamo (…) l’Ufficio per le istituzioni democratiche e i diritti dell’uomo ad offrire agli Stati partecipanti che ne fanno richiesta formale, e ove appropriato, assistenza/consulenza tecnica sulla tempestiva ratifica, accettazione o approvazione di tale Convenzione internazionale, in stretta col- laborazione con l’Ufficio delle Nazioni Unite contro la droga e il crimine. (…)

Madrid 2007 (Dichiarazione del Consiglio dei ministri sul sostegno alla strategia globale delle Nazioni Unite contro il terrorismo) (…)

22. l’Ufficio per le Istituzioni democratiche e i diritti dell’uomo continuerà ad assistere gli Stati partecipanti che ne facciano richiesta al fine di assicurare che le loro iniziative di lotta al terrori- smo siano condotte nel rispetto dei diritti dell’uomo, conformemente agli impegni OSCE assunti da tali Stati. L’ODIHR continuerà a prestare assistenza tecnica e consulenza in merito agli aspetti inerenti ai diritti dell’uomo dell’elaborazione e attuazione delle legislazioni nazionali volte a far fronte alle minacce poste dal terrorismo, dall’estremismo violento e dalla radicalizzazione che favorisce il terrorismo e continuerà a facilitare il dialogo tra attori statali e non governativi al fine di individuare aree di cooperazione e assistenza reciproca; (…)

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B. Alto Commissario per le minoranze nazionali

Helsinki 1992 (Decisione II. Alto Commissario CSCE per le Minoranze Nazionali)

(1) Gli Stati partecipanti decidono di istituire un Alto Commissario per le Minoranze Nazionali. Mandato

(2) L’Alto Commissario agirà sotto l’egida del CAF e sarà pertanto uno strumento per prevenire i conflitti per quanto più possibile nella fase iniziale.

(3) L’Alto Commissario assicurerà un “preallarme” e, come opportuno, una “azione tempestiva” per quanto più possibile nella fase iniziale in relazione a tensioni concernenti questioni relative alle minoranze nazionali che non si siano ancora sviluppate oltre una fase di preallarme, ma che, a giudizi dell’Alto Commissario, possano degenerare in un conflitto nell’area CSCE, pregiudicando la pace, la stabilità o le relazioni fra gli Stati partecipanti, richiedendo l’attenzione e l’azione del Consiglio dei Ministri della CSCE o del CAF.

(4) Nell’ambito del mandato, basato sui principi e sugli impegni CSCE, l’Alto Commissario agirà in via confidenziale e opererà indipendentemente da tutte le parti direttamente coinvolte nelle tensioni.

(5a) L’Alto Commissario prenderà in considerazione le questioni relative alle minoranze nazio- nali che si verifichino nello Stato di cui l’Alto Commissario sia un cittadino o un residente, o che coinvolgano una minoranza nazionale cui l’Alto Commissario appartiene, soltanto se tutte le parti direttamente coinvolte, incluso lo Stato interessato, sono d’accordo. (5b) L’Alto Commissario non prenderà in considerazione le questioni relative alle minoranze nazio- nali in situazioni che comportino azioni organizzate di terrorismo. (5c) L’Alto Commissario non prenderà in considerazione neppure le violazioni degli impegni CSCE concernenti una singola persona appartenente ad una minoranza nazionale.

(6) Nel prendere in considerazione una situazione, l’Alto Commissario terrà pienamente conto della disponibilità di mezzi democratici e di strumenti internazionali atti ad affrontarla e della loro utilizzazione ad opera delle parti interessate.

(7) Qualora una questione particolare relativa ad una minoranza nazionale sia stata sottoposta all’attenzione del CAF, il coinvolgimento dell’Alto Commissario richiederà una domanda e un mandato specifico da parte del CAF.

Profilo, nomina, supporto

(8) L’Alto Commissario sarà un’eminente personalità internazionale dotata di una lunga e notevole competenza dal quale ci si potrà attendere un imparziale adempimento delle funzioni.

(9) L’Alto Commissario sarà nominato dal Consiglio per consenso su raccomandazione del CAF per un periodo di tre anni, che potrà essere prorogato solo per un ulteriore periodo di tre anni.

(10) L’Alto Commissario si avvarrà dei mezzi dell’ODIHR a Varsavia e, in particolare, delle infor- mazioni pertinenti a tutti gli aspetti delle questioni relative alle minoranze nazionali disponibili presso l’ODIHR.

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Preallarme

(11) L’Alto Commissario: 2 (11a) raccoglierà e riceverà informazioni riguardanti le questioni relative alle minoranze nazionali dalle fonti qui di seguito indicate (vedere il Supplemento, paragrafi (23)-(25)), (11b) valuterà per quanto più possibile nella fase iniziale il ruolo delle parti direttamente interes- sate, la natura delle tensioni e i recenti sviluppi di queste e, ove possibile, le potenziali conseguenze per la pace e la stabilità nell’area della CSCE, (11c) a tal fine potrà visitare, conformemente al paragrafo (17) e al Supplemento, paragrafi (27)- (30), qualsiasi Stato partecipante e comunicherà personalmente, salve le disposizioni del paragrafo (25) con le parti direttamente interessate per ottenere informazioni di prima mano sulla situazione delle minoranze nazionali.

(12) L’Alto Commissario, durante una visita ad uno Stato partecipante, nell’ottenere informazioni di prima mano da tutte le parti direttamente coinvolte, potrà discutere le questioni con le parti e, ove opportuno, promuovere il dialogo, la fiducia e la cooperazione fra loro.

Disposizioni sul preallarme

(13) L’Alto Commissario, se sulla base dello scambio di comunicazioni e di contatti con le parti interessate ritiene che esista un rischio primafacie di conflitto potenziale (come enunciato nel para- grafo (3), potrà emanare un preallarme, che sarà immediatamente comunicato dal Presidente in carica al CAF.

(14) Il Presidente in carica inserirà tale preallarme nell’ordine del giorno della successiva riunione del CAF. Se uno Stato ritiene che tale preallarme meriti un’immediata consultazione, potrà avviare la procedura riportata nell’Annesso 2 del Riepilogo delle Conclusioni del Consiglio della Riunione di Berlino (“Meccanismo di Emergenza”).

(15) L’Alto Commissario spiegherà al CAF i motivi per cui ha emanato il preallarme.

Azione tempestiva

(16) L’Alto Commissario potrà chiedere di essere autorizzato ad avviare ulteriori contatti e più strette consultazioni con le parti interessate in vista di eventuali soluzioni conformemente ad un mandato che dovrà essere deciso dal CAF. Il CAF potrà decidere di conseguenza.

Responsabilità

(17) L’Alto Commissario consulterà il Presidente in carica prima di recarsi in uno Stato partecipante per affrontare una tensione che coinvolga minoranze nazionali. Il Presidente in carica consulterà, in via confidenziale, lo/gli Stato/i partecipante/i interessato/i e potrà svolgere consultazioni più ampie.

(18) Dopo una visita ad uno Stato partecipante, l’Alto Commissario invierà rapporti strettamente confidenziali al Presidente in carica sugli elementi raccolti e sui progressi del suo intervento in una questione particolare.

(19) L’Alto Commissario, terminato l’intervento su una questione, particolare, riferirà al Presidente in carica li elementi raccolti, ci risultati e conclusioni. Entro il periodo di un mese il Presidente in carica si consulterà, in via confidenziale, sugli elementi raccolti, i risultati e le conclusioni con lo/

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gli Stato/i partecipante/i interessato/i e potrà ampliare tali consultazioni. Il rapporto verrà quindi trasmesso al CAF unitamente ad eventuali commenti.

(20) Qualora l’Alto Commissario concluda che la situazione stia degenerando in un conflitto o ritenga che le finalità dell’azione dell’Alto Commissario siano esaurite, ne informerà il CAF tra- mite il Presidente in carica.

(21) Nel caso in cui il CAF sia stato investito di una questione particolare, l’Alto Commissario for- nirà informazioni e, su richiesta, consigli al CAF oppure a qualsiasi altra istituzione od organiz- zazione che il CAF possa invitare, conformemente alle disposizioni del Capitolo III del presente documento, al fine di intraprendere un’azione riguardante le tensioni o il conflitto.

(22) L’Alto Commissario, se così richiesto dal CAF e con il dovuto riguardo per le esigenze di riser- vatezza del suo mandato, fornirà informazioni sulle sue attività alle riunioni CSCE sull’attuazione delle questioni relative alla Dimensione Umana.

Supplemento

Fonti di informazione sulle questioni relative alle Minoranze Nazionali

(23) L’Alto Commissario potrà: (23a) raccogliere e ricevere informazioni concernenti la situazione delle minoranze nazionali ed il ruolo delle parti in essa coinvolte da qualsiasi fonte, inclusi i mezzi di informazione e le orga- nizzazioni non governative con l’eccezione riportata nel paragrafo (25); (23b) ricevere rapporti specifici dalle parti direttamente coinvolte in merito agli sviluppi concer- nenti questioni relative alle minoranze nazionali. Questi potranno includere rapporti sulle viola- zioni degli impegni CSCE relative alle minoranze nazionali nonché su altre violazioni nel contesto di questioni relative a minoranze nazionali.

(24) Tali rapporti specifici indirizzati all’Alto Commissario dovrebbero rispondere ai seguenti requisiti: • essi dovrebbero essere scritti, inviati all’Alto Commissario come tale e firmati con nomi ed indirizzi completi, • essi dovrebbero contenere un resoconto oggettivo degli sviluppi che concernono la situazione di persone appartenenti a minoranze nazionali e del ruolo delle parti in essa coinvolte e che si sono recentemente verificati, in linea di principio, non più di dodici mesi prima. I rapporti dovrebbero contenere informazioni che possano essere sufficientemente provate.

(25) L’Alto Commissario non comunicherà e non accoglierà comunicazioni da qualsiasi persona od organizzazione che pratichi o giustifichi pubblicamente il terrorismo o la violenza.

Parti direttamente coinvolte

(26) Le parti direttamente coinvolte nelle tensioni, che potranno fornire rapporti specifici all’Alto Commissario e con le quali l’Alto Commissario cercherà di comunicare personalmente durante una visita ad uno Stato partecipante, sono le seguenti: (26a) i governi degli Stati partecipanti, inclusi, se opportuno, gli enti regionali e locali nelle zone in cui risiedono minoranze nazionali,

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(26b) i rappresentanti delle associazioni, delle organizzazioni non governative, dei gruppi religiosi e di altri gruppi delle minoranze nazionali direttamente coinvolte e che si trovano nell’area di ten- sione, che siano autorizzati a rappresentarle dalle persone appartenenti a quelle minoranze nazio- 2 nali. Condizioni per i viaggi dell’Alto Commissario

(27) Prima di una prevista visita, l’Alto Commissario presenterà allo Stato partecipante interes- sato informazioni specifiche sullo scopo che tale visita si prefigge. Entro due settimane lo/gli Sta- to/i interessato/i si consulterà/anno con l’Alto Commissario sugli obiettivi della visita, che potranno includere la promozione del dialogo, della fiducia e della cooperazione fra le parti. Dopo l’arrivo dell’Alto Commissario nello Stato interessato, questo ne faciliterà la libertà di movimento e di comunicazione, salva la disposizione di cui al suddetto paragrafo (25).

(28) Qualora lo Stato interessato non consenta all’Alto Commissario di entrare nel paese e di spo- starsi e di comunicare liberamente, questi ne informerà il CAF.

(29) Nel corso di una tale visita, salva la disposizione del paragrafo (25), l’Alto Commissario potrà consultare le parti interessate, e potrà ricevere in via confidenziale informazioni da qualsiasi per- sona, gruppo od organizzazione direttamente interessati alle questioni che l’Alto Commissario sta affrontando. L’Alto Commissario rispetterà la natura confidenziale delle informazioni.

(30) Gli Stati partecipanti si asterranno da qualsiasi azione contro persone, organizzazioni o isti- tuzioni a causa dei loro contatti con l’Alto Commissario.

Alto Commissario e coinvolgimento di esperti

(31) L’Alto Commissario potrà decidere di chiedere l’assistenza di non più di tre esperti aventi una competenza pertinente in materie specifiche su cui si richiedano indagini brevi e specializ- zate nonché consigli.

(32) L’Alto Commissario, qualora decida di ricorrere ad esperti, stabilirà un mandato e un lasso di tempo chiaramente definiti per le attività degli esperti.

(33) Gli esperti visiteranno uno Stato partecipante soltanto contemporaneamente all’Alto Com- missario. Il loro mandato sarà parte integrante del mandato dell’Alto Commissario e ad essi si applicheranno le stesse condizioni di viaggio.

(34) La consulenza e le raccomandazioni richieste dagli esperti saranno presentate in via confiden- ziale all’Alto Commissario, che sarà responsabile delle attività e dei rapporti degli esperti e che deci- derà se e in che modo le consulenze e le raccomandazioni saranno comunicate alle parti interessate. Esse non saranno vincolanti. Qualora l’Alto Commissario decida di mettere a disposizione le con- sulenze e le raccomandazioni, allo/agli Stato/i interessato/i sarà data l’opportunità di commentarle.

(35) Gli esperti saranno scelti dall’Alto Commissario con l’assistenza dell’ODIHR dall’elenco di esperti istituito presso l’ODIHR come previsto nel Documento della Riunione di Mosca.

(36) Fra gli esperti non saranno compresi cittadini o residenti dello Stato partecipante interessato, né alcuna persona nominata dallo Stato interessato, né alcun esperto contro il quale lo Stato par- tecipante abbia precedentemente avanzato riserve. Fra gli esperti non saranno compresi cittadini o residenti dello stesso Stato partecipante interessato né qualsiasi persona da esso nominata nell’e- lenco di esperti né più di un cittadino o di un residente di un qualsiasi singolo Stato.

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Stoccolma 1992 (Decisioni: 3. Alto Commissario per le Minoranze Nazionali)

(…) I Ministri hanno espresso il loro appoggio per l’Alto Commissario e la loro disponibilità a coo- perare con lui nello svolgimento del suo compito complesso, ma cruciale, di individuare e conte- nere nella fase più precoce possibile le tensioni che implichino questioni relative alle minoranze nazionali che abbiano la potenzialità di evolvere in un conflitto nell’area della CSCE.

I Ministri hanno incoraggiato l’Alto Commissario ad analizzare attentamente le aree potenziali di tensione, a visitare qualsiasi Stato partecipante e avviare discussioni di ampia portata a tutti i livelli con le parti direttamente coinvolte nelle questioni. In tale contesto, l’Alto Commissario potrà discutere le questioni con le parti e, ove appropriato, promuovere il dialogo, la fiducia e la cooperazione fra loro a tutti i livelli, al fine di favorire soluzioni politiche in linea con i principi e gli impegni della CSCE.

I Ministri si sono impegnati a fornire all’Alto Commissario le informazioni pertinenti a loro dispo- sizione sulle questioni delle minoranze nazionali, pur rispettando l’indipendenza dell’Alto Com- missario conformemente al mandato.

Roma 1993 (Decisioni: III. Alto Commissario per le Minoranze Nazionali)

Tenendo presente la stretta correlazione fra le questioni relative alle minoranze nazionali e la pre- venzione dei conflitti, i Ministri hanno incoraggiato l’Alto Commissario per le Minoranze Nazio- nali (ACMN) a proseguire le sue attività in base al suo Mandato. (…) I Ministri hanno sottolineato l’importanza del fatto che gli Stati partecipanti cooperino pienamente con l’Alto Commissario ed appoggino i seguiti e l’attuazione delle sue raccomandazioni. (…)

Bucarest 2001 (Decisione N.5/01)

Il Consiglio dei Ministri, (…)

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

III. Combattere razzismo e discriminazione

Legislazione e applicazione della legge

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

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21. L’ACMN, nell’ambito del proprio mandato, continuerà a seguire gli sviluppi della legislazione antidiscriminazione e a fornire, come appropriato, consulenza e assistenza agli Stati partecipanti a tale riguardo. 2 Polizia

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

Mass Media

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

42. L’ACMN continuerà ad elaborare e a divulgare linee guida per i responsabili delle decisioni politiche sull’impiego dei mezzi radiotelevisivi statali nelle comunità multiculturali miranti, tra l’altro, a incoraggiare il sostegno offerto alle emittenti delle minoranze, incluse le emittenti dei Rom e dei Sinti, e a migliorare il loro accesso ai media.

V. Migliorare l’accesso all’istruzione

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

85. L’ACMN incoraggerà gli Stati partecipanti a tener fede ai loro impegni intesi a fornire libero e pari accesso all’istruzione pubblica a tutti i membri della società e li incoraggerà a intraprendere iniziative per migliorare la situazione dei Rom e dei Sinti a tale riguardo.

86. L’ACMN continuerà a fornire consulenza sui modelli educativi, sui contenuti dei programmi e sull’insegnamento della o nella madrelingua, inclusa la lingua romanes.

VI. Rafforzare la partecipazione alla vita pubblica e politica

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

104. L’ACMN, nell’ambito del suo mandato, continuerà a fornire consulenza agli Stati su mezzi e modi appropriati che facilitino la partecipazione dei Rom e dei Sinti in tutti i settori della vita pubblica.

VII. Rom e Sinti in situazioni di crisi e successive alle crisi (…)

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE: (…)

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117. L’ACMN continuerà ad esercitare il suo mandato sulla prevenzione dei conflitti quanto più possibile nella fase iniziale.

Sofia 2004 (Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi)

V. Sostegno agli Stati partecipanti all’OSCE nell’attuazione di pertinenti impegni per la promozione della parità fra uomini e donne (…)

(d) Pari opportunità di partecipazione delle donne nella vita politica e pubblica (…) • l’Alto commissario per le minoranze nazionali (ACMN) tratterà questioni specifiche relative alla partecipazione delle donne, appartenenti a minoranze nazionali, alla vita pubblica e privata e, nelle politiche e nei progetti elaborati dal suo ufficio, intraprenderà le iniziative necessarie per contrastare la doppia discriminazione cui esse sono sottoposte nel contesto del proprio man- dato per la prevenzione dei conflitti, come appropriato;

C. Rappresentante per la libertà dei media

Copenhagen 1997 (Allegato 1: Decisione n.193 del Consiglio Permanente, Mandato del Rappresentante OSCE per la Libertà dei Mezzi d’Informazione)

1. Gli Stati partecipanti riaffermano i principi e gli impegni cui hanno aderito nel campo della libertà dei mezzi d’informazione. Essi ribadiscono in particolare che la libertà di espressione è un diritto fondamentale dell’uomo riconosciuto internazionalmente, nonché una componente basi- lare di una società democratica, e che mezzi d’informazione liberi, indipendenti e pluralisti sono essenziali per una società libera e aperta e per sistemi di governo responsabili. Gli Stati parteci- panti, tenendo presenti i principi e gli impegni sottoscritti in ambito OSCE e pienamente impegnati nell’attuazione del paragrafo 11 della Dichiarazione del Vertice di Lisbona, decidono di istituire, sotto l’egida del Consiglio Permanente, un Rappresentante OSCE per la libertà dei mezzi d’infor- mazione. Obiettivo di tale decisione è rafforzare l’attuazione dei pertinenti principi ed impegni OSCE nonché migliorare l’efficacia di azioni concertate da parte degli Stati partecipanti, basate sui loro valori comuni. Gli Stati partecipanti confermano che coopereranno pienamente con il Rap- presentante OSCE per la libertà dei mezzi d’informazione. Il Rappresentante assisterà gli Stati par- tecipanti, in uno spirito di cooperazione, nel loro costante impegno per la promozione di mezzi d’informazione liberi, indipendenti e pluralisti.

2. Basandosi sui principi e sugli impegni dell’OSCE, il Rappresentante OSCE per la libertà dei mezzi d’informazione osserverà gli sviluppi pertinenti nel campo dei mezzi d’informazione in tutti gli Stati partecipanti e, su tale base, di concerto con il Presidente in esercizio, favorirà e pro- muoverà la piena osservanza dei principi e degli impegni OSCE relativi alla libertà di espressione e alla libertà dei mezzi d’informazione.

A tale riguardo, il Rappresentante assumerà funzioni di preallarme ed esaminerà problemi gravi provocati, tra l’altro, da ostruzioni all’attività dei mezzi d’informazione e da condizioni di lavoro sfavorevoli per i giornalisti. Il Rappresentante coopererà in stretta relazione con gli Stati par- tecipanti, con il Consiglio Permanente, con l’Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo (ODIHR), con l’Alto Commissario per le Minoranze Nazionali e, se del caso, con gli altri organi OSCE nonché con le associazioni nazionali e internazionali dei mezzi d’informazione.

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3. Il Rappresentante OSCE per la libertà dei mezzi d’informazione si occuperà, come indicato in questo paragrafo, di reagire in modo rapido a gravi inosservanze, da parte degli Stati partecipanti, dei principi e degli impegni OSCE relativi alla libertà di espressione e alla libertà dei mezzi d’in- 2 formazione. In caso di presunta grave inosservanza dei suddetti principi e impegni, il Rappre- sentante OSCE per la libertà dei mezzi d’informazione ricercherà contatti diretti, nella maniera appropriata, con lo Stato partecipante e con le altre parti interessate, accerterà i fatti, assisterà lo Stato partecipante e contribuirà alla risoluzione della questione. Inoltre terrà il Presidente in eser- cizio al corrente delle proprie attività e riferirà al Consiglio Permanente in merito ai risultati otte- nuti nonché alle proprie osservazioni e raccomandazioni.

4. Il Rappresentante OSCE per la libertà dei mezzi d’informazione non esercita una funzione giu- ridica; il suo intervento non può pregiudicare in alcun modo le procedure giuridiche nazionali o internazionali riguardanti presunte violazioni dei diritti dell’uomo. Parimenti, le procedure nazionali o internazionali relative a presunte violazioni dei diritti dell’uomo non precluderanno necessariamente l’attuazione dei compiti del Rappresentante, come indicati nel presente mandato.

5. Il Rappresentante OSCE per la libertà dei mezzi d’informazione potrà raccogliere e ricevere infor- mazioni sulla situazione dei mezzi d’informazione da fonti degne di fede. Si avvarrà, in partico- lare, di informazioni e valutazioni fornite dall’ODIHR. Il Rappresentante OSCE per la libertà dei mezzi d’informazione fornirà il proprio sostegno all’ODIHR nell’accertare le condizioni necessa- rie per il funzionamento di mezzi d’informazione liberi, indipendenti e pluralisti prima, durante e dopo le elezioni.

6. Il Rappresentante OSCE per la libertà dei mezzi d’informazione potrà in qualsiasi momento raccogliere e ricevere dagli Stati partecipanti e da altre parti interessate (per esempio, da organiz- zazioni o istituzioni, dai mezzi d’informazione e dai loro rappresentanti, nonché dalle competenti ONG) richieste, suggerimenti e commenti relativi al rafforzamento e all’ulteriore sviluppo dell’os- servanza dei pertinenti principi e impegni OSCE, così come ai casi di presunta grave intolleranza da parte di Stati partecipanti che utilizzino i mezzi d’informazione in violazione dei principi con- tenuti nel Documento di Budapest, Capitolo VIII, paragrafo 25 e nelle Decisioni della Riunione del Consiglio di Roma, Capitolo X. Il Rappresentante potrà trasmettere richieste, suggerimenti e com- menti al Consiglio Permanente, raccomandando ulteriori azioni, se del caso.

7. Inoltre, il Rappresentante OSCE per la libertà dei mezzi d’informazione si consulterà abitual- mente con il Presidente in esercizio e riferirà regolarmente al Consiglio Permanente. Potrà essere invitato a presentare rapporti al Consiglio Permanente nell’ambito del presente mandato, su que- stioni specifiche relative alla libertà di espressione e a mezzi d’informazione liberi, indipendenti e pluralisti. Presenterà annualmente rapporti alla Riunione sull’Attuazione delle questioni rela- tive alla Dimensione Umana o alla Riunione di Riesame OSCE circa lo stato di attuazione dei principi e degli impegni OSCE relativi alla libertà di espressione e dei mezzi d’informazione negli Stati partecipanti.

8. Il Rappresentante OSCE per la libertà dei mezzi d’informazione non comunicherà e non acco- glierà comunicazioni da qualsiasi persona od organizzazione che pratichi o giustifichi pubblica- mente il terrorismo o la violenza.

9. Il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà una eminente persona- lità a livello internazionale, con lunga esperienza in materia, che garantisca l’esercizio imparziale della funzione. Nell’esercizio delle sue funzioni, il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà guidato dalla propria valutazione indipendente ed obiettiva dei singoli para- grafi del presente mandato.

69 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

10. Il Rappresentante OSCE per la libertà dei mezzi d’informazione prenderà in considerazione casi gravi di violazioni attinenti al presente mandato che si verifichino nello Stato partecipante di cui è cittadino o residente, qualora concordino tutte le parti direttamente coinvolte, incluso lo Stato partecipante in questione. In mancanza di detto accordo, la questione sarà deferita al Presidente in esercizio che potrà nominare un Rappresentante Speciale per esaminare tale particolare caso.

11. Il Rappresentante OSCE per la libertà dei mezzi d’informazione coopererà, sulla base di con- tatti regolari, con le competenti organizzazioni internazionali, incluse le Nazioni Unite e relative agenzie specializzate, nonché il Consiglio d’Europa, al fine di intensificare il coordinamento ed evitare duplicazioni.

12. Il Rappresentante OSCE per la libertà dei mezzi d’informazione sarà nominato, conformemente alle procedure OSCE, dal Consiglio dei Ministri su raccomandazione del Presidente in esercizio, previa consultazione con gli Stati partecipanti. Svolgerà le proprie funzioni per un periodo di tre anni, che potrà essere prolungato, con la medesima procedura, per un ulteriore triennio. (…)

14. L’Ufficio del Rappresentante OSCE per la libertà dei mezzi d’informazione avrà sede a Vienna.

Bucarest 2001 (Annesso alla Decisione 1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

11. Promozione dei diritti dell’uomo, della tolleranza e del multiculturalismo: (…)

12. Il Rappresentante per la libertà dei mezzi di informazione: prenderà in esame l’elaborazione di progetti intesi a sostenere, tramite i mass media, la tolleranza per persone di altre convinzioni e credenze. Promuoverà misure volte a prevenire e combattere il nazionalismo aggressivo, il raz- zismo, lo sciovinismo, la xenofobia e l’antisemitismo nei mass media. Continuerà a incoraggiare il dialogo pluralistico e la diversità culturale e una maggiore attenzione dei mass media alla pro- mozione della tolleranza delle differenze etniche, religiose, linguistiche e culturali e, in tale con- testo, promuoverà un ampio accesso pubblico ai mass media e il controllo dell’istigazione all’odio. (…)

19. Sostegno agli organi preposti all’applicazione della legge e alla lotta alla criminalità organiz- zata: (…)

23. Il Rappresentante per la libertà dei mezzi di informazione: coopererà per fornire sostegno, su richiesta, alla prima stesura della legislazione sulla prevenzione e sul cattivo uso della tecnolo- gia informatica per scopi terroristici, assicurando che tali leggi siano compatibili con gli impegni riguardanti la libertà di espressione e il libero flusso delle informazioni.

Bucarest 2001 (Decisione N.5/01)

Il Consiglio dei Ministri, (…)

70 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

stato di diritto, dei valori democratici, dei diritti dell’uomo e delle libertà fondamentali, inclusa la libertà di espressione, pensiero, coscienza, religione o credo; 2 Maastricht 2003 (Annesso alla Decisione N.3/03; Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

Mass Media

Azioni raccomandate alle istituzioni e alle strutture dell’OSCE:

40. L’RFOM dovrebbe considerare il modo per facilitare l’organizzazione di seminari di forma- zione a favore di giornalisti Rom.

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.633: Promozione della tolleranza e della libertà dei mezzi di informazione in Internet)

4. il Rappresentante OSCE per la libertà dei mezzi d’informazione continuerà a svolgere un ruolo attivo nella promozione della libertà di espressione e dell’accesso a Internet e continuerà a osser- vare pertinenti sviluppi in tutti gli Stati partecipanti. Ciò comprenderà il preallarme qualora leggi o altre misure che vietano la libertà di parola per motivi di razzismo, xenofobia, antisemitismo o altri pregiudizi correlati siano applicate in modo discriminatorio o selettivo per ragioni politi- che che possono pregiudicare la manifestazione di opinioni e pareri alternativi;

Sofia 2004 (Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi)

V. Sostegno agli Stati partecipanti all’OSCE nell’attuazione di pertinenti impegni per la promozione della parità fra uomini e donne (…)

(d) Pari opportunità di partecipazione delle donne nella vita politica e pubblica – il Rappresentante dell’OSCE per la libertà dei mezzi d’informazione (RFOM) vigilerà sui presunti casi di grave intol- leranza verso le donne e di istigazione alla discriminazione sessuale nei media o da parte di essi negli Stati partecipanti, in conformità con il Capitolo 6 del mandato del RFOM. Il Rappresentante informerà gli Stati partecipanti di tali casi nei suoi regolari rapporti.

71 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci)

Il Consiglio dei ministri, (…)

15. incoraggia il Rappresentante per la libertà dei mezzi di informazione, nell’ambito delle risorse disponibili, a prendere in considerazione un esame delle migliori prassi in settori di sua compe- tenza relativi alla lotta all’intolleranza; (…)

Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo)

In occasione del decimo anniversario dell’Ufficio del Rappresentante per la libertà dei mezzi di informazione, prendiamo atto del lavoro svolto da tale istituzione nel promuovere mezzi di infor- mazione indipendenti e pluralistici quale componente essenziale per una società libera e aperta e per sistemi di governo responsabili. Invitiamo gli Stati partecipanti e i Partner per la coopera- zione a creare un ambiente in cui possano prosperare mezzi di informazione liberi e indipendenti. (…)

Milano 2018 (Decisione N.3/18 sulla sicurezza dei giornalisti)

invita gli Stati partecipanti a: (…)

13. cooperare pienamente con il Rappresentante OSCE per la libertà dei mezzi d’informazione, anche per quanto riguarda la questione della sicurezza dei giornalisti;

14. incoraggiare il Rappresentante OSCE per la libertà dei mezzi d’informazione a continuare a sostenere e a promuovere la sicurezza dei giornalisti in tutti gli Stati partecipanti dell’OSCE, in linea con il suo mandato.

D. Segretariato, Rappresentante speciale per la lotta alla tratta di esseri umani

Bruxelles 2006 (Decisione N.3/06 sulla lotta alla tratta di esseri umani)

Il Consiglio dei ministri, (…)

richiamando la Decisione N.2/03 della undicesima Riunione del Consiglio dei ministri di Maastricht sulla lotta alla tratta di esseri umani, che ha istituito, sotto l’egida del Consiglio permanente, il mec- canismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani,

riaffermando l’importanza di disporre di una struttura appropriata, dotata di risorse amministra- tive e finanziarie adeguate che possa operare a livello politico,

1. decide che il meccanismo OSCE volto a fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani, istituito sotto l’egida del Consiglio permanente, sarà modificato in modo da diventare parte integrante del Segretariato.

72 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

La struttura sarà diretta da una personalità di rilievo, che agirà in qualità di Rappresentante spe- ciale e rappresenterà l’OSCE a livello politico, e sarà costituita da personale a contratto e distaccato, incluso quello dell’attuale Unità di assistenza alla lotta contro la tratta di esseri umani, nominato 2 o assegnato conformemente allo Statuto e al Regolamento del personale dell’OSCE;

la struttura:

(a) assisterà gli Stati partecipanti all’OSCE nell’attuazione degli impegni assunti e nel pieno utilizzo delle raccomandazioni previste dal Piano di azione OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum “Affrontare le esigenze specifiche di tutela e assistenza dei minori vit- time della tratta”; (b) assicurerà il coordinamento degli sforzi dell’OSCE nella lotta alla tratta di esseri umani in tutte le tre dimensioni dell’OSCE e agirà come ufficio di coordinamento delle iniziative dell’O- SCE in tale settore; (c) rafforzerà la cooperazione fra le autorità pertinenti degli Stati partecipanti e tra l’OSCE e altre organizzazioni pertinenti; (d) accrescerà il profilo pubblico e politico della lotta alla tratta di esseri umani; (e) opererà nell’intera area dell’OSCE e, se del caso, assisterà gli Stati partecipanti in uno spirito di cooperazione e, previa consultazione con le pertinenti autorità degli Stati partecipanti interes- sati, negli sforzi volti ad attuare gli impegni da loro assunti per combattere la tratta di esseri umani; (f) fornirà e faciliterà servizi di consulenza e assistenza tecnica nel campo legislativo e nella defi- nizione delle politiche, congiuntamente, ove necessario, con altre strutture dell’OSCE impegnate in questo ambito; (g) sarà disposta a prestare consulenza ad autorità di grado elevato che rappresentano i settori legi- slativo, giudiziario ed esecutivo degli Stati partecipanti e discuterà con loro in merito all’attuazione del Piano di azione OSCE per la lotta alla tratta di esseri umani, incluso il suo Addendum, e agli impegni nell’ambito della lotta alla tratta di esseri umani. In casi specifici che richiedono atten- zione particolare, stabilirà contatti diretti in modo appropriato con lo Stato partecipante interes- sato e discuterà in merito alla prestazione di consulenza e di assistenza concreta, se necessario; (h) coopererà con i coordinatori nazionali, i relatori nazionali e altri meccanismi nazionali istituiti dagli Stati partecipanti per coordinare e monitorare le attività anti-tratta delle istituzioni statali. Il meccanismo coopererà anche con le pertinenti organizzazioni non governative degli Stati parte- cipanti. Assumerà inoltre la responsabilità, in seno all’OSCE, di ospitare e agevolare riunioni per lo scambio di informazioni ed esperienze fra i coordinatori nazionali, i rappresentanti designati dagli Stati partecipanti o gli esperti nella lotta alla tratta di esseri umani; (i) coopererà, svolgendo un ruolo di coordinamento e nel pieno rispetto dei loro mandati, a stretto contatto con l’Ufficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e con altre istituzioni dell’OSCE, con le pertinenti strutture del Segretariato, compreso l’Ufficio del Coordi- natore delle attività economiche e ambientali dell’OSCE (OCEEA), l’Unità per le questioni strate- giche di polizia (SPMU), il Consulente principale per le pari opportunità, nonché, ove appropriato, con le operazioni dell’OSCE sul terreno. Avvalendosi dell’esperienza acquisita in seno all’OSCE, le strutture dell’OSCE che svolgono attività in questo settore si consulteranno con il Rappresen- tante speciale, nonché reciprocamente, al fine di evitare duplicazioni, assicurare complementarietà e coerenza e, ove appropriato, cercare di sviluppare un approccio integrato; (j) coopererà e cercherà di creare sinergie con pertinenti attori internazionali, incluse organizza- zioni regionali, agenzie intergovernative e organizzazioni non governative; continuerà a convocare, presiedere e organizzare iniziative congiunte dell’Alleanza contro la tratta di persone;

73 2.3.4 Istituzioni dell’OSCE/strutture di particolare rilevanza per la dimensione umana

2. invita il Segretario Generale e il Presidente in esercizio a consultarsi in merito alla nomina di una personalità eminente con pertinente esperienza professionale e politica: • il Segretario Generale nominerà tale personalità quale coordinatore (…), con il consenso della Presidenza e conformemente alla Decisione N.15/04 della dodicesima Riunione del Consiglio dei ministri di Sofia; • il Presidente in esercizio conferirà al coordinatore le funzioni e il titolo di Rappresentante spe- ciale per la lotta alla tratta di esseri umani al fine di consentire al titolare della carica di rap- presentare adeguatamente l’OSCE a livello politico. Gli Stati partecipanti saranno consultati conformemente alla Decisione N.8 della decima Riunione del Consiglio dei ministri di Porto;

3. dichiara che il Rappresentante speciale renderà conto politicamente al Consiglio permanente e riferirà regolarmente a quest’ultimo, ove appropriato, previa consultazione con la Presidenza in esercizio e il Segretario Generale, nonché in conformità alla Decisione N.13/05 della tredicesima Riunione del Consiglio dei ministri di Lubiana; (…)

5. decide che la presente decisione emenda la Decisione N.2/03 dell’undicesima Riunione del Con- siglio dei ministri di Maastricht e che, se necessario, potrà essere a sua volta emendata dal Con- siglio permanente.

Helsinki 2008 (Decisione N.5/08 sul potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale)

Il Consiglio dei ministri, (…)

14. incarica il Rappresentante speciale, nell’ambito delle risorse esistenti, di raccomandare, in coo- perazione con gli Stati partecipanti, misure per potenziare ulteriormente le risposte della giustizia penale alla tratta di esseri umani, riferendone regolarmente al Consiglio permanente.

74 3. Restrizioni e deroghe 3.1 Ambito e carattere delle restrizioni legittime

3.1 Ambito e carattere delle restrizioni legittime

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(21) Gli Stati partecipanti assicureranno che l’esercizio dei summenzionati diritti non sia soggetto ad alcuna restrizione, eccetto quelle previste con legge e che siano conformi ai loro obblighi deri- vanti dal diritto internazionale, in particolare dal Patto Internazionale sui Diritti Civili e Politici, ed ai loro impegni internazionali, in particolare alla Dichiarazione Universale dei Diritti dell’Uomo. Tali restrizioni hanno carattere di eccezione. Gli Stati partecipanti assicureranno che dette restri- zioni non siano applicate in maniera abusiva né arbitraria, ma in modo tale da salvaguardare l’ef- fettivo esercizio di questi diritti.

Copenhagen 1990

(16) Gli Stati partecipanti (…)

(16.3) — sottolineano che nessuna situazione eccezionale, di qualsiasi genere, sia uno stato di guerra sia una minaccia di guerra, di instabilità politica interna o qualsiasi altra emergenza pubblica può essere addotta a giustificazione della tortura, (…)

(24) (…) Qualsiasi restrizione dei diritti e delle libertà deve, in una società democratica, riferirsi ad una delle finalità perseguite dalla legge applicabile ed essere rigorosamente proporzionata alle finalità di tale legge.

3.2 Deroghe agli obblighi durante uno stato di emergenza pubblica

Copenhagen 1990

(16) Gli Stati partecipanti

(25) Gli Stati partecipanti confermano che qualsiasi deroga dagli obblighi relativi ai diritti dell’uomo e alle libertà fondamentali in una situazione di emergenza pubblica deve rientrare rigorosamente nei limiti previsti dal diritto internazionale, in particolare dagli strumenti internazionali perti- nenti dai quali gli Stati sono vincolati, soprattutto rispetto ai diritti inderogabili.

76 3.2 Deroghe agli obblighi durante uno stato di emergenza pubblica

Essi inoltre riaffermano che:

(25.1) — le misure che derogano da tali obblighi devono essere adottate in rigorosa conformità con i requisiti procedurali formulati in quegli strumenti, (25.2) — l’imposizione dello stato di emergenza pubblica deve essere proclamato ufficialmente, pubblicamente e in conformità con le condizioni previste dalla legge, (25.3) — le misure che derogano dagli obblighi devono essere limitate all’ambito rigorosamente richiesto dalle esigenze della situazione, (25.4) — tali misure non devono operare discriminazioni esclusivamente per motivi di razza, colore, 3 sesso, lingua, religione, origine sociale o appartenenza a una minoranza.

Mosca 1991

(28) Gli Stati partecipanti considerano importante tutelare i diritti dell’uomo e le libertà fondamen- tali in uno stato di emergenza pubblica, tener conto delle pertinenti disposizioni del Documento della Riunione di Copenaghen, e rispettare le convenzioni internazionali di cui essi sono parti. (28.1) Gli Stati partecipanti riaffermano che uno stato di emergenza pubblica è giustificato solo da circostanze estremamente eccezionali e gravi, compatibili con gli obblighi internazionali e gli impegni CSCE dello Stato. Uno stato di pubblica emergenza non potrà essere utilizzato per sov- vertire l’ordine democratico costituzionale, né essere diretto alla soppressione dei diritti dell’uomo e delle libertà fondamentali internazionalmente riconosciuti. Se l’uso della forza non può essere evitato, esso deve essere ragionevole e limitato nella misura massima possibile. (28.2) Uno stato di emergenza pubblica può essere proclamato soltanto da un legittimo organo costituzionale, debitamente autorizzato a farlo. Nei casi in cui la decisione sull’imposizione dello stato di emergenza pubblica può essere presa per legge dagli organi del potere esecutivo, tale deci- sione dovrebbe essere soggetta nel più breve tempo possibile all’approvazione o al controllo da parte del potere legislativo. (28.3) La decisione sull’imposizione di uno stato di emergenza pubblica sarà proclamata ufficial- mente, pubblicamente e conformemente alle procedure stabilite dalla legge. La decisione, ove pos- sibile, indicherà i limiti territoriali di uno stato di emergenza pubblica. Lo Stato interessato metterà a disposizione dei suoi cittadini, senza indugio, informazioni sulle misure che sono state prese. Lo stato di emergenza sarà abrogato il più presto possibile e non resterà in vigore più a lungo di quanto strettamente richiesto dalle esigenze della situazione. (28.4) L’imposizione de facto o la continuazione di uno stato di emergenza pubblica, non conformi alle disposizioni previste dalla legge, sono inammissibili. (28.5) Gli Stati partecipanti si adopereranno per assicurare che il normale funzionamento degli organi legislativi sia garantito nella maggior misura possibile durante uno stato di emergenza pubblica. (…)

(28.7) Gli Stati partecipanti si adopereranno per astenersi da deroghe agli obblighi per i quali, con- formemente alle convenzioni internazionali di cui essi sono parti, è possibile la deroga in uno stato di emergenza pubblica. Misure che derogano a tali obblighi (…) non andranno oltre né resteranno in vigore più a lungo di quanto strettamente richiesto dalle esigenze della situazione; esse sono di natura eccezionale e dovrebbero essere interpretate e applicate con limitazione. (…) (28.8) Gli Stati partecipanti si adopereranno per assicurare che le garanzie giuridiche necessarie a mantenere lo stato di diritto restino in vigore durante uno stato di emergenza pubblica. Essi si

77 3.2 Deroghe agli obblighi durante uno stato di emergenza pubblica

adopereranno per prevedere nella loro legislazione il controllo dei regolamenti relativi allo stato di emergenza pubblica nonché l’applicazione di tali regolamenti. (28.9) Gli Stati partecipanti si adopereranno per mantenere la libertà di espressione e la libertà di informazione, compatibilmente con i loro obblighi e impegni internazionali, al fine di consen- tire un dibattito pubblico sull’osservanza dei diritti dell’uomo e delle libertà fondamentali nonché sull’abrogazione dello stato di emergenza pubblica. Conformemente alle norme internazionali riguardanti la libertà di espressione, essi non adotte- ranno misure miranti ad impedire ai giornalisti l’esercizio legittimo della loro professione tranne quelle rigorosamente richieste dalle esigenze della situazione. (28.10) Quando uno stato di emergenza pubblica è stato dichiarato o abrogato in uno Stato par- tecipante, lo Stato interessato comunicherà immediatamente all’Istituzione CSCE* tale decisione, nonché qualsiasi deroga agli obblighi internazionali dello Stato nel campo dei diritti dell’uomo. L’Istituzione informerà gli altri Stati partecipanti senza indugio.

* Il Consiglio deciderà in merito all’Istituzione.

78 Impegni specifici per la dimensione umana

79 1. Impegni inerenti il diritto dei popoli all’autodeterminazione 1. Impegni inerenti il diritto dei popoli all’autodeterminazione

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VIII)

Gli Stati partecipanti rispettano l’eguaglianza dei diritti dei popoli e il loro diritto all’autodetermi- nazione, operando in ogni momento in conformità ai fini e ai principi dello Statuto delle Nazioni Unite e alle norme pertinenti del diritto internazionale, comprese quelle relative all’integrità ter- ritoriale degli Stati. In virtù del principio dell’eguaglianza dei diritti e dell’autodeterminazione dei popoli, tutti i popoli hanno sempre il diritto, in piena libertà, di stabilire quando e come deside- rano il loro regime politico interno ed esterno, senza ingerenza esterna, e di perseguire come desi- derano il loro sviluppo politico, economico, sociale e culturale. Gli Stati partecipanti riaffermano l’importanza universale del rispetto e dell’esercizio effettivo da parte dei popoli dei diritti eguali e dell’autodeterminazione per lo sviluppo di relazioni amichevoli fra loro come fra tutti gli Stati; essi ricordano anche l’importanza dell’eliminazione di qualsiasi forma di violazione di questo principio.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi) 1 (4) [Gli Stati partecipanti] confermano inoltre che, in virtù del principio dell’uguaglianza dei diritti dei popoli e del loro diritto all’autodeterminazione e conformemente alle disposizioni pertinenti dell’Atto Finale, tutti i popoli hanno sempre il diritto, in piena libertà, di determinare, quando e come desiderano, il loro assetto politico interno ed esterno, senza ingerenza esterna, e di perse- guire come desiderano il loro sviluppo politico, economico, sociale e culturale.

81 2. Impegni relativi alle componenti strutturali di una società democratica 2.1 Disposizioni generali

2.1 Disposizioni generali

Bonn 1990 (Preambolo)

(…) gli Stati partecipanti,

Riconoscendo la relazione fra pluralismo politico ed economie di mercato ed essendo impegnati ad osservare i principi riguardanti: • Una democrazia multipartitica basata su elezioni libere, periodiche e veritiere, • La supremazia della legge e l’uguale tutela per tutti in base alla legge, fondata sul rispetto dei diritti dell’uomo e su sistemi giuridici efficaci, accessibili ed equi, • Un’attività economica che conseguentemente tuteli la dignità dell’uomo e non implichi lavoro forzato, discriminazione nei confronti dei lavoratori per motivi di razza, sesso, lingua, opinioni politiche o religione, e non neghi il diritto dei lavoratori di costituire liberamente sindacati indi- pendenti o di aderirvi,

Si adopereranno per conseguire o mantenere quanto segue: (…)

Copenhagen 1990 2 [Gli Stati partecipanti] riconoscono che la democrazia pluralistica e lo Stato di diritto sono essen- ziali per garantire il rispetto di tutti i diritti dell’uomo e le libertà fondamentali, lo sviluppo dei contatti fra le persone e la soluzione di altre questioni aventi un correlativo carattere umanitario. Essi pertanto accolgono con favore l’impegno espresso da tutti gli Stati partecipanti verso gli ide- ali della democrazia e del pluralismo politico nonché la loro comune determinazione di costruire società democratiche fondate su libere elezioni e sullo Stato di diritto. (…)

(6) Gli Stati partecipanti dichiarano che la volontà del popolo, liberamente e correttamente espressa mediante elezioni periodiche e oneste, costituisce la base dell’autorità e della legittimità di ogni governo. (…) Essi riconoscono la responsabilità di garantire e proteggere, conformemente alle pro- prie leggi, agli obblighi internazionali relativi ai diritti dell’uomo e agli impegni internazionali assunti, l’ordinamento democratico liberamente stabilito attraverso la volontà del popolo contro le attività di persone, gruppi od organizzazioni impegnati in azioni terroristiche o che rifiutano di rinunciare al terrorismo o alla violenza miranti a rovesciare tale ordinamento o quello di un altro Stato partecipante.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Ci impegniamo a edificare, consolidare e rafforzare la democrazia quale unico sistema di governo delle nostre nazioni. Nel perseguire questo fine, ci atterremo a quanto segue.

I diritti dell’uomo e le libertà fondamentali sono diritti innati di ogni essere umano, sono inalie- nabili e garantiti dalla legge. Responsabilità primaria del governo è tutelarli e promuoverli. Il loro rispetto costituisce una salvaguardia indispensabile contro gli eccessi di potere di uno stato. La loro osservanza e il loro pieno esercizio sono il fondamento della libertà, della giustizia e della pace.

83 2.1 Disposizioni generali

Il governo democratico si basa sulla volontà del popolo, espressa regolarmente attraverso elezioni libere e corrette. Fondamento della democrazia è il rispetto della persona umana e dello stato di diritto.

La democrazia è la migliore salvaguardia della libertà di espressione, della tolleranza di tutti i gruppi della società, e dell’uguaglianza di opportunità per ogni persona.

La democrazia, con il suo carattere rappresentativo e pluralistico, comporta responsabilità nei con- fronti dell’elettorato, l’obbligo delle autorità pubbliche di osservare la legge e la giustizia ammini- strata imparzialmente. Nessuno deve essere al di sopra della legge. (…)

I nostri Stati coopereranno e si sosterranno l’un l’altro con l’obiettivo di rendere irreversibili tali conquiste democratiche.

Mosca 1991

(17) Gli Stati partecipanti (17.1) — condannano senza riserve le forze che cercano di esautorare un governo rappresentativo di uno Stato partecipante contro la volontà del popolo espressa mediante elezioni libere e genuine e in contrasto con l’ordine costituzionale legalmente stabilito; (17.2) — appoggeranno energicamente, conformemente alla Carta delle Nazioni Unite, nel caso del rovesciamento o del tentato rovesciamento con mezzi antidemocratici di un governo legitti- mamente eletto di uno Stato partecipante, gli organi legittimi di tale Stato che sostengono i diritti dell’uomo, la democrazia e lo stato di diritto, riconoscendo il loro impegno comune di contrastare qualsiasi tentativo volto a soffocare tali valori fondamentali;

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

36. (…) In base agli impegni nel quadro della dimensione umana, l’OSCE si adopera al fine di pro- muovere in tutta la sua regione condizioni che consentano a tutti di godere pienamente dei diritti umani e delle libertà fondamentali, sotto la tutela di efficaci istituzioni democratiche, equi proce- dimenti giudiziari e dello stato di diritto, il che presuppone anche condizioni e istituzioni sicure per un sereno dibattito e per la pacifica espressione di interessi da parte di tutti gli individui e i gruppi sociali. La società civile ha un ruolo importante da svolgere a tale riguardo; l’OSCE per- tanto continuerà a sostenere le organizzazioni della società civile e a favorirne il rafforzamento.

Maastricht 2003 (Documento di strategia dell’OSCE per la dimensione economica e ambientale)

2.2.1 Una buona amministrazione pubblica e privata e solide istituzioni rappresentano elementi fondamentali per una sana economia, che possa attirare investimenti e consentire in tal modo agli Stati di ridurre la povertà e la diseguaglianza, di aumentare l’integrazione sociale e le opportunità per tutti e di tutelare l’ambiente. Il buon governo a tutti i livelli contribuisce alla prosperità, alla stabilità e alla sicurezza. Pace, buone relazioni internazionali, sicurezza e stabilità dello Stato, non- ché sicurezza e incolumità dell’individuo all’interno dello Stato, basati sullo stato di diritto e sul rispetto dei diritti dell’uomo, sono di importanza cruciale per la creazione di un clima di fiducia, che risulta a sua volta essenziale per assicurare uno sviluppo economico e sociale positivo.

84 2.2 Elezioni

2.2.2 Il buongoverno riveste un’importanza decisiva per tutti gli Stati partecipanti e noi concor- diamo di operare su una base nazionale con il sostegno delle pertinenti istituzioni internazionali per rafforzare il buongoverno in tutti i suoi aspetti e per sviluppare metodi di cooperazione al fine di assisterci l’un l’altro nel conseguire tale fine. 2.2.3 Il conseguimento del buongoverno richiede un approccio globale e a lungo termine, in modo che i successi conseguiti in un’area non siano compromessi dalla debolezza in altre. Coopereremo nello sviluppo delle nostre strategie per il buongoverno e condivideremo le esperienze relative alle migliori prassi.

Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo) (…)

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE) 2 Il Consiglio dei ministri, (…)

2.2 Elezioni

Si veda anche: I. 2.3.4 A: L’Ufficio per le istituzioni democratiche e i diritti umani (ODIHR)

Copenhagen 1990

85 2.2 Elezioni

(5.1) — libere elezioni da svolgersi ad intervalli ragionevoli con voto segreto o con procedure equi- valenti di libera votazione, in condizioni che assicurino in pratica la libera espressione dell’opi- nione degli elettori nella scelta dei loro rappresentanti, (…)

(7) Per garantire che la volontà del popolo sia alla base dell’autorità di governo, gli Stati partecipanti (7.1) — terranno libere elezioni ad intervalli ragionevoli, secondo quanto stabilito dalla legge, (7.2) — consentiranno che tutti i seggi di almeno una Camera della legislatura nazionale siano liberamente disputati in una votazione popolare, (7.3) — garantiranno il suffragio universale e in condizioni di uguaglianza ai cittadini maggiorenni, (7.4) — assicureranno votazioni segrete o equivalenti procedure di libera votazione e che i voti siano conteggiati e riportati onestamente e i loro risultati ufficiali resi pubblici, (7.5) — rispetteranno il diritto dei cittadini di candidarsi a cariche politiche o pubbliche, perso- nalmente o in rappresentanza di partiti o organizzazioni politiche, senza discriminazione alcuna, (7.6) — rispetteranno il diritto degli individui e dei gruppi di costituire, in piena libertà, propri partiti politici o altre organizzazioni politiche e offriranno a tali partiti e organizzazioni politi- che le garanzie giuridiche necessarie per consentire loro di competere reciprocamente sulla base dell’uguaglianza di trattamento di fronte alla legge e da parte delle autorità, (7.7) — assicureranno che la legge e il sistema politico consentano di condurre le campagne elet- torali in un’atmosfera corretta e libera, nella quale né misure amministrative, né la violenza, né l’intimidazione impediscano ai partiti e ai candidati di esporre liberamente le proprie opinioni e posizioni o impediscano agli elettori di conoscerle e discuterle nonché di dare il proprio voto senza timore di rappresaglie, (7.8) — faranno sì che nessun ostacolo legale o amministrativo limiti il libero accesso ai mezzi di informazione su base non discriminatoria per tutti i raggruppamenti politici e gli individui che intendono partecipare al processo elettorale, (7.9) — assicureranno che i candidati che ottengono il necessario numero di voti richiesti dalla legge assumano debitamente la carica e che sia loro consentito di rimanere in carica fino alla sca- denza del mandato o, comunque, fino al termine dello stesso quale regolato dalla legge, confor- memente alle procedure parlamentari, costituzionali e democratiche.

86 2.2 Elezioni

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che, senza discriminazioni, ogni persona ha il diritto: (…)

di partecipare ad elezioni libere e corrette (…)

Decidiamo di istituire a Varsavia un Ufficio per le Libere Elezioni, per facilitare i contatti e lo scam- bio di informazioni sulle elezioni negli Stati partecipanti.

Ginevra 1991 (…)

Gli Stati partecipanti considereranno favorevolmente, nei limiti consentiti dalla legge, la presenza di osservatori ad elezioni tenute a livello subnazionale, incluse quelle nelle zone abitate da mino- ranze nazionali, e si adopereranno per facilitarne l’accesso. (…)

Lisbona 1996 (Dichiarazione del Vertice)

9. (…) Fra i problemi impellenti nell’ambito della dimensione umana, le continue violazioni dei diritti dell’uomo, quali le (…) frodi elettorali, (…) continuano a mettere in pericolo la stabilità nella regione dell’OSCE. Ci impegniamo a proseguire le nostre attività volte a fronteggiare tali problemi. 2 Istanbul 1999 (Dichiarazione del Vertice)

26. Siamo impegnati ad adoperarci affinché il notevole numero di elezioni in programma si svolga in modo libero e imparziale, conformemente ai principi e agli impegni OSCE. E’ questo l’unico modo per fornire una base stabile allo sviluppo democratico. Apprezziamo il ruolo svolto dall’ODIHR nell’assistere i paesi a sviluppare una legislazione elettorale in armonia con i principi e gli impe- gni OSCE e conveniamo di dare seguito tempestivamente alle sue valutazioni e raccomandazioni in materia elettorale. Riconosciamo il valore dell’attività dell’OSCE e dell’Assemblea Parlamen- tare dell’OSCE — prima, durante e dopo le elezioni — che contribuisce ulteriormente al processo democratico. Siamo impegnati a garantire il pieno diritto di voto alle persone appartenenti alle minoranze e ad agevolare il diritto dei profughi a partecipare alle elezioni convocate nei loro paesi di origine. Ci impegniamo ad assicurare una competizione equa tra candidati e tra partiti, anche mediante il loro accesso ai media, e il rispetto del diritto di riunione.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

25. Riaffermiamo il nostro impegno a tenere elezioni libere e imparziali conformemente agli impegni OSCE, in particolare al Documento di Copenaghen del 1990. Riconosciamo l’importanza dell’as- sistenza che l’ODIHR può fornire agli Stati partecipanti nell’elaborazione ed attuazione di una legislazione elettorale. Conformemente a tali impegni inviteremo alle nostre elezioni osservatori provenienti da altri Stati partecipanti, dall’ODIHR, dall’Assemblea Parlamentare dell’OSCE e da altre competenti istituzioni ed organizzazioni che intendano osservare le nostre procedure elet- torali. Concordiamo di dar seguito tempestivamente alle valutazioni e raccomandazioni dell’O- DIHR concernenti le elezioni.

87 2.2 Elezioni

Porto 2002 (Decisione N.7/02 sugli impegni elettorali)

Il Consiglio dei Ministri,

richiamando le disposizioni del Documento della Riunione di Copenaghen della Conferenza sulla Dimensione Umana della CSCE del 1990,

prendendo atto del fatto che gli impegni aggiuntivi (…) hanno integrato tali disposizioni, riaffer- mando la determinazione ad attuare tali impegni,

riconoscendo che elezioni democratiche si possono svolgere con diversi sistemi elettorali,

riconoscendo la competenza dell’ODIHR nell’assistere gli Stati partecipanti nell’attuazione degli impegni relativi alle elezioni,

tenendo conto della Decisione N.509 del PC sulle norme e gli impegni internazionali: una guida pratica sulle migliori prassi per le elezioni democratiche,

rivolge un appello agli Stati partecipanti affinché rafforzino la loro risposta alle raccomandazioni formulate dall’ODIHR in seguito alle osservazioni elettorali (…)

Maastricht 2003 (Decisione N.5/03 sulle elezioni)

Il Consiglio dei Ministri, (…)

apprezzando la continua ed efficace cooperazione tra l’ODIHR e l’Assemblea Parlamentare dell’O- SCE nel monitoraggio elettorale,

Accogliendo con favore il documento “Impegni esistenti per le elezioni democratiche negli Stati partecipanti all’OSCE: un rapporto interinale” (ODIHR.GAL/39/03), elaborato dall’ODIHR e pre- sentato agli Stati partecipanti nel giugno di quest’anno,

riconoscendo in particolare la necessità che l’elettorato nutra fiducia nell’intero processo, nonché la necessità di trasparenza nelle procedure elettorali e di responsabilità personale da parte delle autorità che svolgono le elezioni, invita gli Stati partecipanti ad intensificare ulteriormente la loro cooperazione con l’ODIHR in tale campo,

Bruxelles 2006 (Decisione N.19/06 sul rafforzamento dell’efficienza dell’OSCE)

Il Consiglio dei ministri, (…)

88 2.2 Elezioni

3. rammenta agli Stati partecipanti l’esigenza di mantenere le loro legislazioni e le loro prassi in linea con gli impegni OSCE;

6. prende nota dei suggerimenti formulati nel rapporto in merito a nuovi impegni e chiede al Con- siglio permanente di riferire al riguardo, in tempo utile per la riunione del Consiglio dei ministri di Madrid del 2007; (…)

8. si impegna a sviluppare ulteriormente le attività dell’OSCE in materia di elezioni e riafferma, a tale riguardo, le disposizioni contenute nel Documento della Riunione di Copenaghen sulla dimensione umana della CSCE (1990) quale fondamento degli impegni comuni dell’OSCE assunti dagli Stati partecipanti per la tutela e la promozione dei diritti umani e delle libertà fondamentali, compresi quelli necessari per lo svolgimento di elezioni democratiche; 2 9. Rileva che le pertinenti disposizioni della Dichiarazione del Vertice di Budapest (1994), della Dichiarazione del Vertice di Lisbona (1996), della Dichiarazione del Vertice di Istanbul (1999), della Carta per la sicurezza europea (1999) e le successive decisioni delle riunioni del Consiglio dei ministri di Porto (2002) e di Maastricht (2003) hanno integrato tali impegni;

11. sottolinea che gli Stati partecipanti possono offrire un efficace contributo per migliorare l’in- tegrità del processo elettorale attraverso l’invio di osservatori; (…)

Astana 2010

89 2.3 Istituzioni democratiche

2.3 Istituzioni democratiche

2.3.1 Disposizioni generali

Copenhagen 1990

(3) [Gli Stati Partecipanti] riaffermano che la democrazia è un elemento inerente dello Stato di diritto. Essi riconoscono l’importanza del pluralismo per quanto riguarda le organizzazioni politiche.

(4) Essi confermano che rispetteranno il diritto di ciascuno degli Stati di scegliere e sviluppare libe- ramente, conformemente ai principi internazionali sui diritti dell’uomo, il proprio sistema politico, sociale, economico e culturale. Nell’esercizio di tale diritto, essi assicureranno che le loro leggi, regolamenti, prassi e politiche siano conformi ai loro obblighi di diritto internazionale, e vengano armonizzati con le disposizioni della Dichiarazione sui Principi e con gli altri impegni CSCE.

(5) Essi dichiarano solennemente che fra gli elementi di giustizia, essenziali per la piena afferma- zione della dignità inerente alla persona umana e dei diritti uguali e inalienabili di tutti gli uomini, sono compresi i seguenti: (5.1) — libere elezioni da svolgersi ad intervalli ragionevoli con voto segreto o con procedure equi- valenti di libera votazione, in condizioni che assicurino in pratica la libera espressione dell’opi- nione degli elettori nella scelta dei loro rappresentanti, (5.2) — una forma di governo a carattere rappresentativo, in base alla quale l’esecutivo sia respon- sabile di fronte al potere legislativo elettivo o all’elettorato, (5.3) — l’obbligo del governo e delle pubbliche autorità di osservare la Costituzione e di agire in modo conforme alla legge, (5.4) — una netta separazione tra Stato e partiti politici; in particolare, i partiti politici non devono confondersi con lo Stato, (5.5) — l’attività del governo e dell’amministrazione nonché quella del potere giudiziario saranno esercitate conformemente al sistema stabilito dalla legge. Deve essere assicurato il rispetto di tale sistema, (5.6) — le forze armate e la polizia saranno sotto il controllo e la responsabilità delle autorità civili, (…)

(5.8) — le leggi, da adottarsi mediante procedure pubbliche, e i regolamenti saranno pubblicati, e ciò deve essere la condizione della loro applicabilità. Tali testi saranno accessibili a tutti,

90 2.3.1 Disposizioni generali

(7) Per garantire che la volontà del popolo sia alla base dell’autorità di governo, gli Stati partecipanti (…)

(7.2) — consentiranno che tutti i seggi di almeno una Camera della legislatura nazionale siano liberamente disputati in una votazione popolare, (…)

(7.9) — assicureranno che i candidati che ottengono il necessario numero di voti richiesti dalla legge assumano debitamente la carica e che sia loro consentito di rimanere in carica fino alla sca- denza del mandato o, comunque, fino al termine dello stesso quale regolato dalla legge, confor- memente alle procedure parlamentari, costituzionali e democratiche. (…)

(26) Gli Stati partecipanti riconoscono che una democrazia forte dipende dall’esistenza, quale parte integrante della vita nazionale, di valori e pratiche democratiche, nonché da un’ampia gamma di istituzioni democratiche. Essi pertanto devono incoraggiare, facilitare e, ove appropriato, appor- tare il loro sostegno agli sforzi concreti diretti ad attuare la cooperazione e lo scambio reciproco di informazioni, idee e conoscenze nonché contatti diretti e cooperazione tra persone, gruppi e organizzazioni in settori che comprendono: • diritto costituzionale, riforma e sviluppo, 2 • legislazione, amministrazione e osservazione elettorale, • istituzione e gestione di tribunali e sistemi giuridici, • sviluppo di un servizio pubblico imparziale ed efficace, in cui le assunzioni e la carriera si basino sui meriti, • applicazione della legge, • governo locale e decentramento, • accesso all’informazione e tutela della vita privata, • sviluppo dei partiti politici e loro ruolo nelle società pluralistiche, • sindacati liberi e indipendenti, • movimenti cooperativi, • sviluppo di altre forme di libera associazione e di gruppi di pubblico interesse, • giornalismo, mezzi di informazione indipendenti e vita intellettuale e culturale, • insegnamento dei valori democratici, istituzioni e prassi negli istituti d’istruzione e promozione di un’atmosfera favorevole ad una libera indagine.

Tali sforzi possono abbracciare i settori della cooperazione riguardanti la dimensione umana della CSCE, inclusi la formazione, lo scambio di informazioni, di libri e di materiale didattico, i programmi e progetti di cooperazione, gli scambi e le conferenze accademiche e professionali, le borse di studio, le sovvenzioni per la ricerca, la prestazione di perizie e consulenze, i contatti e programmi scientifici e commerciali.

(27) Gli Stati partecipanti devono inoltre facilitare la creazione e il rafforzamento di istituzioni nazionali indipendenti nel campo dei diritti dell’uomo e dello Stato di diritto, che possano altresì servire da punti focali per il coordinamento e la collaborazione fra tali istituzioni negli Stati par- tecipanti. Essi propongono che venga incoraggiata la cooperazione fra parlamentari degli Stati

91 2.3.1 Disposizioni generali

partecipanti, anche mediante le esistenti associazioni interparlamentari e, tra l’altro, mediante com- missioni miste, dibattiti televisivi con la partecipazione di parlamentari, incontri e tavole rotonde. Essi incoraggeranno inoltre le istituzioni esistenti, quali le organizzazioni in seno al sistema delle Nazioni Unite e il Consiglio d’Europa, a continuare e ad espandere l’opera che essi hanno iniziato in questo settore.

Mosca 1991

(18.1) — La legislazione sarà formulata ed adottata come risultato di un processo trasparente che rispecchi la volontà del popolo, sia direttamente che attraverso i suoi rappresentanti eletti.

Atene 2009 (Decisione N.7/09 sulla partecipazione delle donne alla vita politica e pubblica)

Il Consiglio dei ministri, (…)

consapevole della persistente sottorappresentanza delle donne in seno agli organi decisionali nei settori legislativi, esecutivi, compresi i servizi di polizia, e giudiziari nell’area dell’OSCE,

preoccupato per il fatto che la diffusa discriminazione nei confronti delle donne continua a pre- giudicare la loro effettiva partecipazione alla vita politica e pubblica a tutti i livelli, (…)

invita gli Stati partecipanti a:

1. considerare la possibilità di adottare misure specifiche volte a realizzare l’equilibrio di genere in tutti gli organi legislativi, giudiziari ed esecutivi, compresi servizi di sicurezza, quali le forze di polizia;

2. prendere in considerazione possibili misure legislative atte a favorire una partecipazione più equilibrata delle donne e degli uomini alla vita politica e pubblica e in particolar modo a livello decisionale;

3. incoraggiare tutti gli attori politici a promuovere l’equa partecipazione delle donne e degli uomini in seno ai partiti politici, al fine di addivenire ad una rappresentanza più equilibrata in termini di genere nelle cariche pubbliche elettive a tutti i livelli decisionali; (…)

5. sviluppare e introdurre, ove necessario, processi aperti e partecipativi che accrescano la parteci- pazione delle donne e degli uomini in tutte le fasi di elaborazione di leggi, programmi e politiche; (…)

7. adottare le misure necessarie per stabilire, ove appropriato, efficaci meccanismi nazionali di valu- tazione dell’equa partecipazione e rappresentanza femminile;

8. sostenere, come appropriato, enti non governativi e di ricerca nella realizzazione di studi mirati e iniziative di sensibilizzazione volti ad individuare problemi specifici nella partecipazione femminile alla vita politica e pubblica, nonché nella promozione delle pari opportunità per donne e uomini;

92 2.3.2 Governo decentralizzato e strutture e organismi speciali

9. incoraggiare la condivisione del lavoro e delle responsabilità parentali tra donne e uomini al fine di promuovere pari opportunità per le donne di partecipare in modo effettivo alla vita politica e pubblica.

2.3.2 Governo decentralizzato e strutture e organismi speciali

Ginevra 1991 (IV)

Consapevoli della diversità e del mutare dei sistemi costituzionali fra loro, il che fa sì che nessun singolo approccio sia necessariamente applicabile in modo generalizzato, gli Stati partecipanti rile- vano con interesse che alcuni di loro hanno ottenuto risultati positivi in un modo democratico appropriato, fra l’altro, mediante: • organi consultivi decisionali nei quali siano rappresentate le minoranze, in particolare per quanto riguarda l’educazione, la cultura e la religione; • organi ed assemblee elettivi per le questioni delle minoranze nazionali; • amministrazioni locali ed autonome, nonché autonomia su una base territoriale, inclusa l’esi- stenza di organi consultivi, legislativi ed esecutivi scelti mediante elezioni libere e periodiche; • amministrazione autonoma da parte di una minoranza nazionale degli aspetti concernenti la pro- pria identità in situazioni in cui non si applica l’autonomia su una base territoriale; • forme di governo decentralizzate o locali; 2

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(53) Al fine di rafforzare la partecipazione democratica e l’edificazione delle istituzioni democrati- che e sviluppando la cooperazione tra loro si adopereranno per condividere le loro rispettive espe- rienze sul funzionamento della democrazia a livello locale e regionale, e accolgono con favore su tale base la rete informativa ed educativa del Consiglio d’Europa in tale campo.

(54) Faciliteranno i contatti e incoraggeranno diverse forme di cooperazione fra gli organismi a livello locale e regionale.

2.3.3 Controllo civile democratico delle forze militari, paramilitari e di sicurezza interna, dei servizi di intelligence e di polizia

Copenhagen 1990

(5.6) — le forze armate e la polizia saranno sotto il controllo e la responsabilità delle autorità civili,

93 2.3.3 Controllo civile democratico delle forze militari, paramilitari e di sicurezza interna, dei servizi di intelligence e di polizia

Mosca 1991

(25) Gli Stati partecipanti (25.1) — assicureranno che le loro forze militari e paramilitari, i servizi di sicurezza interna e i servizi segreti, e la polizia siano soggetti alla direzione e al controllo effettivi delle autorità civili appropriate; (25.2) — manterranno e, ove necessario, rafforzeranno il controllo del potere esecutivo sull’im- piego delle forze militari e paramilitari nonché sulle attività dei servizi di sicurezza interna e dei servizi segreti e della polizia; (25.3) — intraprenderanno appropriate iniziative per creare, qualora non esistano ancora, e man- terranno procedure efficaci per la supervisione legislativa di tutte queste forze, servizi e attività.

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

20. Gli Stati partecipanti ritengono che il controllo politico democratico delle forze militari, para- militari e di sicurezza interna nonché dei servizi di informazione e della polizia sia un elemento indispensabile della stabilità e della sicurezza. Essi promuoveranno l’integrazione delle loro forze armate con la società civile quale importante espressione di democrazia.

21. Ciascuno Stato partecipante in qualsiasi momento assicurerà e manterrà la guida effettiva e il controllo delle sue forze militari, paramilitari e di sicurezza mediante autorità costituzionali inve- stite di legittimità democratica. Ciascuno Stato partecipante prevederà controlli al fine di assicu- rare che tali autorità assolvano le loro responsabilità costituzionali e giuridiche. Essi definiranno con chiarezza i ruoli e le missioni di tali forze nonché il loro obbligo di agire esclusivamente nel quadro costituzionale.

22. Ciascuno Stato partecipante prevederà l’approvazione parlamentare delle spese relative alla difesa. Ciascuno Stato partecipante, con il dovuto riguardo per le esigenze della sicurezza nazio- nale, eserciterà la moderazione nelle sue spese militari e prevederà la trasparenza e l’accesso del pubblico alle informazioni relative alle forze armate.

23. Ciascuno Stato partecipante, nell’assicurare l’esercizio dei diritti civili da parte dei singoli membri del personale in servizio, garantirà che le proprie forze armate in quanto tali siano poli- ticamente neutrali.

24. Ciascuno Stato partecipante prevederà e manterrà in vigore misure per impedire l’uso acci- dentale o non autorizzato di mezzi militari.

25. Gli Stati partecipanti non tollereranno né sosterranno forze che non siano responsabili dinanzi alle loro autorità costituzionali o non siano da esse controllate. Qualora uno Stato partecipante non sia in grado di esercitare la propria autorità su tali forze, esso potrà ricercare consultazioni nell’ambito della CSCE per esaminare le misure da adottare. (…)

36. Ciascuno Stato partecipante assicurerà che qualsiasi decisione di assegnare le sue forze armate a missioni di sicurezza interna sia adottata conformemente alle procedure costituzionali. Tali deci- sioni stabiliranno le missioni delle forze armate, assicurando che si svolgano sotto l’effettivo con- trollo di autorità costituzionali e che siano soggette allo stato di diritto.

94 2.3.4 Istituzioni nazionali indipendenti per i diritti umani

2.3.4 Istituzioni nazionali indipendenti per i diritti umani

Copenhagen 1990

(27) Gli Stati partecipanti devono (…) facilitare la creazione e il rafforzamento di istituzioni nazio- nali indipendenti nel campo dei diritti dell’uomo e dello Stato di diritto, che possano altresì servire da punti focali per il coordinamento e la collaborazione fra tali istituzioni negli Stati partecipanti. Essi propongono che venga incoraggiata la cooperazione fra parlamentari degli Stati partecipanti, anche mediante le esistenti associazioni interparlamentari e, tra l’altro, mediante commissioni miste, dibattiti televisivi con la partecipazione di parlamentari, incontri e tavole rotonde. Essi incoragge- ranno inoltre le istituzioni esistenti, quali le organizzazioni in seno al sistema delle Nazioni Unite e il Consiglio d’Europa, a continuare e ad espandere l’opera che essi hanno iniziato in questo settore.

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

10. incoraggia la creazione da parte degli Stati partecipanti che non lo abbiano ancora fatto di isti- tuzioni nazionali o di organi specializzati incaricati di combattere l’intolleranza e la discrimina- zione, (…), avvalendosi dell’esperienza e dell’assistenza delle pertinenti istituzioni OSCE, in base agli impegni esistenti, e delle pertinenti agenzie internazionali, ove appropriato; 2 (…)

2.3.5 Organizzazioni non governative

Si veda anche: I. 2.3.3: Individui, difensori dei diritti umani e organizzazioni non-governative

Mosca 1991

95 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

Astana 2010

2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

33. Riaffermiamo il nostro impegno nei confronti dello stato di diritto. Riconosciamo che la cor- ruzione costituisce una notevole minaccia per i nostri valori comuni, generando instabilità e coin- volgendo numerosi aspetti della sicurezza, nonché della dimensione economica e umana. Gli Stati partecipanti si impegnano a incrementare i loro sforzi volti a combattere la corruzione e le condi- zioni che la favoriscono nonché a promuovere un quadro positivo per le pratiche di buon governo e per l’integrità pubblica. Essi utilizzeranno al meglio gli strumenti internazionali esistenti e si assisteranno vicendevolmente nella lotta alla corruzione. Quale parte della sua attività volta a pro- muovere lo stato di diritto, l’OSCE collaborerà con quelle ONG che sono impegnate a far crescere un forte consenso nell’opinione pubblica e imprenditoriale contro la pratica della corruzione.

Maastricht 2003 (Documento di strategia dell’OSCE per la dimensione economica e ambientale)

Promozione della trasparenza e lotta alla corruzione

2.2.4 La trasparenza negli affari pubblici è la condizione essenziale per assicurare la responsabilità degli Stati e l’attiva partecipazione della società civile ai processi economici. La trasparenza accre- sce la prevedibilità e la fiducia in un’economia che funziona in base ad una legislazione adeguata e nel pieno rispetto dello stato di diritto. Mezzi di informazione liberi e pluralistici che godano

96 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

della massima indipendenza editoriale dalla pressione politica e finanziaria rivestono un ruolo importante nell’assicurare tale trasparenza.

2.2.5 Renderemo i nostri governi più trasparenti sviluppando ulteriormente processi e istituzioni che forniscano tempestivamente informazioni, incluse statistiche attendibili, su questioni di pub- blico interesse nei campi dell’economia e dell’ambiente ai media, agli imprenditori, alla società civile e ai cittadini, al fine di promuovere un dialogo consapevole e costruttivo. Ciò risulta essen- ziale per il processo decisionale che è sensibile ai mutamenti delle condizioni, dei bisogni e dei desideri della popolazione.

2.2.6. La trasparenza è anche importante per la denuncia e il perseguimento di tutte le forme di cor- ruzione che minacciano le nostre economie e le nostre società. Oltre alla trasparenza, la lotta alla corruzione richiede l’adozione da parte degli Stati partecipanti di una strategia anticorruzione globale e a lungo termine.

2.2.7 Conveniamo di attribuire priorità all’eliminazione di tutte le forme di corruzione. Considere- remo l’adesione a convenzioni internazionali e altri strumenti nel campo della lotta alla corruzione, in particolare quelli elaborati dal Consiglio d’Europa e dall’Organizzazione per la cooperazione e lo sviluppo economico (OCSE), ne incoraggeremo la ratifica e ne appoggeremo la piena attua- zione. Accogliamo con favore l’adozione della Convenzione delle Nazioni Unite contro la corru- zione e auspichiamo che essa venga firmata, ratificata ed entri in vigore quanto prima. 2 Miglioramento della gestione delle risorse pubbliche

2.2.8 Un’altra componente del buongoverno è la gestione efficace delle risorse pubbliche da parte di istituzioni forti e efficienti, un servizio pubblico professionale ed efficace e razionali procedure di bilancio. La buona gestione delle risorse pubbliche, inclusa la riscossione delle imposte, la formu- lazione e l’esecuzione dei bilanci, e i pubblici appalti, è particolarmente importante al fine di for- nire i migliori servizi pubblici e sociali. Ci adopereremo per fornire una solida base finanziaria ai nostri sistemi di amministrazione pubblica e per rafforzare la loro efficacia e validità a tutti i livelli.

Sofia 2004 Decisione N.11/04 sulla lotta alla corruzione)

Il Consiglio dei ministri, (…)

riconoscendo che la Convenzione delle Nazioni Unite contro la corruzione, adottata dall’Assem- blea generale delle Nazioni Unite il 31 ottobre 2003 a New York, rappresenta un importante passo in avanti nel campo della cooperazione internazionale contro la corruzione e offre l’opportunità di una risposta globale al problema,

incoraggia gli Stati partecipanti all’OSCE, che non l’abbiano ancora fatto, a firmare e ratificare la Convenzione delle Nazioni Unite contro la corruzione quanto prima possibile al fine di assicu- rarne la tempestiva entrata in vigore, e ad attuarla appieno (…)

Dublino2012 (Dichiarazione sul rafforzamento del buongoverno e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo) (…)

Ribadiamo che il buongoverno a tutti i livelli è fondamentale per la crescita economica, la stabilità politica e la sicurezza. Il buongoverno pubblico e imprenditoriale, lo stato di diritto e istituzioni forti

97 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

sono fondamenti essenziali per un’economia sana, che possa consentire ai nostri Stati di ridurre la povertà e le disuguaglianze, incrementare l’integrazione sociale e le opportunità per tutti, atti- rare investimenti e tutelare l’ambiente.

Riaffermiamo che la pace, le buone relazioni internazionali, la sicurezza e la stabilità dello Stato e la sicurezza e l’incolumità delle persone all’interno dello Stato basate sullo stato di diritto e il rispetto dei diritti umani sono fondamentali per la creazione di un clima di fiducia che è a sua volta essenziale per garantire uno sviluppo economico e sociale positivo.

La trasparenza negli affari pubblici è una condizione essenziale per la responsabilità degli Stati e per la partecipazione attiva della società civile e del settore privato ai processi economici e di sviluppo. La trasparenza accresce la prevedibilità e la fiducia nelle istituzioni e nelle economie che funzionano sulla base di legislazioni adeguate e nel pieno rispetto dello stato di diritto.

Concordiamo che i problemi di governance, compresi la corruzione e il riciclaggio di denaro, pri- vano gli Stati partecipanti delle capacità di garantire in modo efficace lo sviluppo economico, sociale e ambientale e minano la coesione sociale, la stabilità e la sicurezza. (…) A tal fine confermiamo il nostro pieno impegno alla lotta contro la corruzione e il riciclaggio di denaro, il finanziamento del terrorismo e i reati connessi, facendone priorità politiche sostenute da appropriati strumenti giuridici, adeguate risorse finanziarie, umane e istituzionali e, ove necessario, da appropriati stru- menti per la loro concreta ed efficace applicazione.

(…) Dichiariamo che gli impegni politici dell’OSCE in materia di buongoverno e trasparenza interessano tutte e tre le dimensioni, e ribadiamo la nostra piena adesione all’attuazione di tali impegni attraverso un approccio globale, secondo quanto stabilito in questo e in altri pertinenti documenti OSCE.

Buongoverno e trasparenza

Riteniamo che un settore pubblico basato sull’integrità, l’apertura, la trasparenza, la responsabi- lità e lo stato di diritto sia uno dei principali fattori di crescita economica sostenibile, e ricono- sciamo che un tale settore pubblico costituisce un elemento importante per alimentare la fiducia dei cittadini nelle istituzioni pubbliche e di governo. Ribadiamo pertanto l’importanza di fornire istruzione e formazione in materia di comportamento etico ai funzionari pubblici, istituendo e appli- cando pertinenti codici di condotta e leggi sul conflitto di interessi, nonché adottando e attuando sistemi globali di informazione su redditi e patrimoni per pertinenti funzionari. In particolare, riconosciamo che l’elaborazione di codici di condotta e il loro rispetto da parte delle istituzioni pubbliche sono fondamentali per rafforzare il buongoverno, l’integrità del settore pubblico e lo stato di diritto, e per mettere a punto rigorosi standard etici e di condotta per funzionari pubblici. (…)

Siamo consapevoli che il conseguimento del buongoverno e la lotta alla corruzione non sono rea- lizzabili senza la partecipazione piena e paritaria delle donne e degli uomini nei processi politici ed economici e nelle istituzioni, come previsto in diversi documenti OSCE. Sottolineiamo l’im- portanza di offrire alle donne la possibilità di partecipare e contribuire attivamente alle politi- che e alle attività relative al buongoverno affinché uomini e donne possano trarre pari vantaggi. (…)

98 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

II. Lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo (…)

Riconosciamo che la lotta contro la corruzione richiede approcci strategici e globali a lungo ter- mine e istituzioni forti. Siamo persuasi che i responsabili della prevenzione, individuazione, inve- stigazione, perseguimento e giudizio dei reati di corruzione debbono essere liberi da influenze improprie. In particolare, rileviamo il ruolo centrale che le forze dell’ordine e le istituzioni giudi- ziarie svolgono nella lotta contro la corruzione e nella tutela dello stato di diritto. Riconosciamo l’importanza fondamentale di garantire l’indipendenza del potere giudiziario affinché possa svol- gere la sua funzione nonché la necessità di intensificare gli sforzi in tal senso. Riconosciamo inol- tre l’importanza e la necessità di garantire risorse adeguate per tali istituzioni. (…)

III. Società civile e settore privato

Incoraggiamo l’OSCE a continuare ad avvalersi del suo approccio globale alla sicurezza e a raf- forzare ulteriormente il dialogo e la cooperazione tra i governi, la società civile e il settore privato al fine di sostenere negli Stati partecipanti le iniziative di buongoverno, inclusa la lotta alla corru- zione, al riciclaggio di denaro e al finanziamento del terrorismo. (…) 2 Incoraggiamo la comunità imprenditoriale a tener conto nell’ambito delle sue attività delle neces- sità sociali, ambientali, umanitarie e di sicurezza degli Stati partecipanti. (…)

IV. Collaborare per il progresso

Riconosciamo che l’OSCE rappresenta un foro per il dialogo politico, lo scambio di informazioni e la cooperazione in materia di buongoverno, nonché una piattaforma per creare il necessario con- senso politico e la comprensione dell’importanza di prevenire e eliminare la corruzione, il rici- claggio di denaro e il finanziamento del terrorismo a tutti i livelli in vista di uno sviluppo e una stabilità socio-economici sostenibili. Riaffermiamo il nostro impegno a cooperare nello sviluppo di strategie per il buongoverno e a condividere le esperienze sulle migliori prassi. (…)

Basilea 2014 (Decisione N.5/14 sulla prevenzione della corruzione) (…)

riconoscendo che la corruzione a tutti i livelli è una fonte potenziale di tensione politica che mina la stabilità e la sicurezza degli Stati partecipanti, minaccia i valori condivisi dell’OSCE e facilita l’attività criminale, (…)

accogliendo con favore che quasi tutti gli Stati partecipanti hanno ratificato o aderito alla Con- venzione delle Nazioni Unite contro la corruzione (UNCAC) e si stanno adoperando per rispet- tare gli impegni previsti dalla Convenzione,

99 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

evidenziando l’importanza della cooperazione con altre pertinenti organizzazioni internazionali per prevenire e combattere la corruzione,

Incoraggia gli Stati partecipanti a: • continuare a elaborare e attuare leggi e politiche preventive in materia di lotta alla corruzione e a stabilire e promuovere misure e strumenti concreti per affrontare tutte le forme e i livelli di cor- ruzione sia per il settore privato sia per quello pubblico, nonché per altri soggetti interessati; • adottare misure per migliorare la trasparenza, la responsabilità e lo stato di diritto nella pub- blica amministrazione, in conformità con i principi fondamentali del loro ordinamento giu- ridico, anche attraverso l’introduzione di misure efficaci che facilitino l’accesso del pubblico all’informazione e la promozione di efficaci servizi pubblici; (…) • promuovere una cultura dell’integrità, della trasparenza e della responsabilità in tutti i settori della società, al fine di contribuire a prevenire la corruzione; • riconoscere il ruolo importante svolto da coloro che denunciano violazioni ai fini dell’indivi- duazione e prevenzione della corruzione e della difesa dell’interesse pubblico, e intensificare gli sforzi individuali nazionali volti a garantire loro sufficiente protezione; • contribuire a rafforzare le misure di sensibilizzazione riguardo alla corruzione in tutti i settori della società, svolgendo attività di formazione e programmi educativi in materia di prevenzione della corruzione e di integrità, con particolare attenzione ai giovani, e riconoscendo il ruolo svolto in tal senso da una società civile impegnata e beninformata e da mezzi di informazione indipendenti, liberi e pluralistici; • adottare le misure necessarie, in conformità con i principi fondamentali del loro sistema giu- ridico, per definire o rafforzare procedure appropriate negli appalti pubblici basate sulla tra- sparenza, la concorrenza e criteri oggettivi nel processo decisionale, che siano efficaci nella prevenzione della corruzione; • promuovere misure per rafforzare l’integrità del sistema giudiziario e prevenire le possibilità di corruzione tra i membri dei servizi giudiziari e delle procure; (…) • avvalersi degli strumenti, delle linee guida e dei progetti OSCE disponibili per combattere e pre- venire la corruzione; • (…) incarica le strutture esecutive dell’OSCE, (…), di promuovere, nell’ambito delle risorse disponibili e dei loro mandati, gli strumenti e le linee guida dell’OSCE disponibili per combat- tere e prevenire la corruzione;

Amburgo 2016 (Decisione N.4/16 sul rafforzamento del buongoverno e promozione della connettività)

Il Consiglio dei ministri, (…)

riconoscendo che il buongoverno, la trasparenza e la responsabilità sono requisiti essenziali per la crescita economica, il commercio, gli investimenti e lo sviluppo sostenibile, contribuendo in tal modo alla stabilità, alla sicurezza e al rispetto dei diritti umani nell’area dell’OSCE,

riconoscendo che la corruzione e l’assenza di buongoverno costituiscono potenziali fonti di ten- sione che minano la stabilità e la sicurezza degli Stati partecipanti,

100 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

prendendo atto che il buongoverno, lo stato di diritto, la prevenzione e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo, nonché un solido quadro normativo, compresa una adeguata tutela di quanti denunciano attività illecite (whistle-blower), un settore pubblico integerrimo, aperto, trasparente e responsabile e un governo d’impresa imperniato su una gestione efficiente, su procedure appropriate di auditing, sulla responsabilità e l’adesione e il rispetto delle leggi, delle norme e delle disposizioni vigenti, un’etica aziendale e codici di condotta frutto di una stretta consultazione con il mondo dell’imprenditoria e la società civile, sono elementi fon- damentali per la promozione di un clima imprenditoriale e di investimenti positivo nell’area OSCE,

accogliendo con favore il fatto che quasi tutti gli Stati partecipanti hanno ratificato o aderito alla Convenzione delle Nazioni Unite contro la corruzione (UNCAC) e si adoperano a favore della attuazione degli impegni da essa derivanti, (…)

affermando che una gestione trasparente delle risorse pubbliche da parte di istituzioni forti e ben funzionanti, un servizio pubblico professionale ed efficace, così come solide procedure di bilan- cio e di aggiudicazione degli appalti pubblici sono componenti fondamentali del buongoverno,

riconoscendo l’importanza di una partecipazione attiva del settore privato, comprese le piccole e medie imprese, della società civile e dei mezzi di informazione nel prevenire e contrastare la cor- ruzione nonché nel promuovere un clima sano per l’imprenditoria e gli investimenti, (…) 2

ricordando l’Agenda 2030 per lo sviluppo sostenibile e i suoi obiettivi associati nonché l’Accordo di Parigi del Dicembre 2015, compreso il ruolo che il buongoverno svolge unitamente ad altri fat- tori, nella loro attuazione,

riconoscendo l’importanza della piena adesione da parte del settore pubblico e privato alle norme sociali, ambientali e del lavoro e il loro contributo al buongoverno e allo sviluppo sostenibile, (…)

riaffermando gli impegni assunti in seno all’OSCE in materia di buongoverno, rimarcando la nostra determinazione a contrastare la tratta di esseri umani in tutte le sue forme e riconoscendo il ruolo che la trasparenza e la responsabilità nelle procedure di aggiudicazione degli appalti pubblici pos- sono svolgere ai fini della prevenzione e della lotta alla tratta di esseri umani e allo sfruttamento di manodopera,

Rafforzamento del buongoverno, promozione della trasparenza e miglioramento del clima eco- nomico

1. Incoraggia gli Stati partecipanti a aderire, ratificare e attuare la Convenzione delle Nazioni Unite contro la corruzione (UNCAC) e a scambiare informazioni e migliori prassi sul secondo ciclo di rie- same dell’UNCAC, come stabilito dalla Convenzione stessa;

2. incoraggia gli Stati partecipanti, ove appropriato, ad attuare e ad aderire ad altre pertinenti norme internazionali, come quelle sancite dalla Convenzione OCSE sulla lotta alla corruzione di pubblici ufficiali stranieri nelle operazioni economiche internazionali e gli “standard internazionali per il contrasto del riciclaggio di denaro e del finanziamento del terrorismo e della proliferazione” del Gruppo d’azione finanziaria internazionale (GAFI) e a concorrere a intensificare il coinvolgimento

101 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

di tutte le parti interessate pertinenti, inclusa la società civile e la comunità imprenditoriale nella loro attuazione, come disposto da tali strumenti internazionali;

3. incoraggia gli Stati partecipanti a promuovere lo scambio di migliori prassi tra tutte le perti- nenti parti di interessate che concorrono al buongoverno della cosa pubblica e del mondo dell’im- prenditoria, alla promozione della trasparenza e alla prevenzione e alla lotta alla corruzione anche nella sfera ambientale;

4. esorta gli Stati partecipanti a promuovere ulteriormente l’integrità, la responsabilità e l’efficienza nelle procedure di aggiudicazione degli appalti pubblici, anche assicurando che le decisioni dei per- tinenti settori di governo non vengano indebitamente influenzate da interessi privati e garantendo appropriati requisiti di trasparenza per le aziende che partecipano alle gare d’appalto;

5. sollecita gli Stati partecipanti ad agevolare un adeguato accesso alle informazioni degli organi- smi di governo accrescendo la responsabilità del settore pubblico e stimolando la partecipazione dei cittadini attraverso l’e-governance;

6. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’am- bito dei rispettivi mandati e delle risorse disponibili, di contribuire a incentivare la cooperazione tra gli Stati partecipanti, il settore privato e la società civile e di coinvolgere attivamente il settore privato e la società civile nelle loro attività di rafforzamento del buongoverno, di promozione della trasparenza e di miglioramento del clima economico e degli investimenti; (…)

18. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’ambito dei rispettivi mandati e delle risorse disponibili, ad assistere gli Stati partecipanti nello scambio di migliori prassi per accrescere la consapevolezza dell’importanza delle norme sociali, ambientali e del lavoro internazionalmente riconosciute, rafforzare il buongoverno e promuovere la trasparenza nelle procedure di aggiudicazione degli appalti pubblici;

Rafforzamento dei partenariati pubblico-privati per contrastare la corruzione, il riciclaggio di denaro e il finanziamento del terrorismo

19. Incoraggia gli Stati partecipanti a facilitare la cooperazione tra le forze dell’ordine, la magi- stratura, le unità di intelligence finanziaria e altri pertinenti attori, nonché tra il settore pubblico e privato e la società civile, inclusi i mezzi di informazione, per contrastare la corruzione, il rici- claggio di denaro e altri reati finanziari;

20. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’ambito dei rispettivi mandati e delle risorse disponibili, a promuovere il dialogo e la coope- razione tra i governi, il settore privato e la società civile al fine di sostenere gli sforzi a favore del buongoverno, ivi inclusa la lotta contro la corruzione, il riciclaggio di denaro e il finanziamento del terrorismo e di affrontare gli ostacoli posti alla crescita economica e allo sviluppo sostenibile; (…)

102 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

Tirana 2020 (Decisione N.6/20 sulla prevenzione e la lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza)

Il Consiglio dei ministri,

ricordando l’importanza di promuovere il buongoverno, anche attraverso una maggiore traspa- renza, e di prevenire e combattere la corruzione per rafforzare la sicurezza, la stabilità e la cre- scita economica (…),

(…) e riconoscendo le opportunità offerte dalla trasformazione digitale per prevenire e combat- tere la corruzione e affrontare nuove sfide in questo campo, (…)

riconoscendo la necessità di incrementare gli sforzi per prevenire e combattere efficacemente la cor- ruzione, anche attraverso la digitalizzazione, sostenendo al contempo lo Stato di diritto e tute- lando i diritti umani,

prendendo atto del ruolo dell’OSCE nel sostenere gli sforzi degli Stati partecipanti per prevenire e combattere la corruzione,

riconoscendo che un settore pubblico basato sull’integrità, l’apertura, la trasparenza, la respon- sabilità, la reattività e lo Stato di diritto è fondamentale per prevenire e combattere la corruzione 2 e per raggiungere una crescita economica e uno sviluppo sostenibili, migliorare il clima impren- ditoriale e degli investimenti e contribuire agli sforzi degli Stati partecipanti volti a promuovere l’integrazione sociale e opportunità per tutti, incluso per le donne e i giovani,

riconoscendo l’importanza della partecipazione del settore privato, della società civile, dei media e del mondo accademico agli sforzi volti a prevenire e combattere la corruzione e migliorare il buon- governo, inclusa la realizzazione dei principi di trasparenza e responsabilità,

riconoscendo che servizi di e-government accessibili, sicuri e affidabili centrati sull’utente pos- sono svolgere un ruolo chiave nell’aumentare l’efficienza e la trasparenza della pubblica ammini- strazione e nel promuovere la fiducia in essa,

riconoscendo l’importanza dell’accessibilità ai i dati delle pubbliche autorità come strumento capace di contribuire a prevenire e combattere la corruzione accrescendo la responsabilità e la tra- sparenza, consentendo ai cittadini, in conformità con la legislazione nazionale, di meglio vigilare sull’uso dei fondi pubblici e sul processo di elaborazione delle politiche,

riconoscendo l’importanza di sviluppare e utilizzare metodologie e indicatori oggettivi e dati disaggregati per misurare la corruzione e l’impatto concreto delle misure anticorruzione, in con- formità con la legislazione nazionale, e di adottare migliori politiche anticorruzione basate su ele- menti di prova, (…)

1. invita gli Stati partecipanti a prevenire e a combattere la corruzione:

(a) rafforzando il buongoverno, inclusi i principi di trasparenza e responsabilità, e promuovendo l’integrità e la vigilanza;

103 2.3.6 Promozione della trasparenza, lotta alla corruzione e miglioramento della gestione delle risorse pubbliche

(b) impiegando strumenti digitali per rafforzare l’integrità e la responsabilità dei fornitori di ser- vizi pubblici al fine di contribuire a prevenire e combattere la corruzione, nonché a conseguire una crescita economica e uno sviluppo sostenibili, migliorare il clima imprenditoriale e degli investi- menti e facilitare gli sforzi degli Stati partecipanti per contribuire all’inclusione sociale e all’equa partecipazione economica delle donne e dei giovani; (c) rafforzando la trasparenza nella pubblica amministrazione attraverso la digitalizzazione dei sistemi cartacei e di altri sistemi analogici, in particolare negli appalti pubblici nonché, ove appro- priato, nei meccanismi esistenti per le dichiarazioni dei redditi e patrimoniali dei funzionari pub- blici e delle persone politicamente esposte, nei limiti consentiti dalla legislazione nazionale, con il debito rispetto per i dati classificati e personali; (d) promuovendo l’uso di strumenti digitali per l’individuazione precoce e la prevenzione della corruzione attraverso il rafforzamento dei processi di identificazione elettronica sicura a livello nazionale e internazionale, in linea con la legislazione nazionale applicabile; (e) adottando strumenti digitali, ove appropriato, per ridurre le barriere e gli oneri amministrativi e facilitando l’interazione tra cittadini, imprese, aziende e pubblica amministrazione; (f) promuovendo portali di e-government più trasparenti, responsabili, affidabili e accessibili allo scopo di facilitare il libero accesso alle informazioni e l’erogazione efficace di servizi pubblici; (g) promuovendo e utilizzando tecnologie digitali per rafforzare ed estendere la formazione con- tro la corruzione in cooperazione, se del caso, con pertinenti organizzazioni internazionali attive in questo settore; (h) incoraggiando l’istituzione e il miglioramento di meccanismi volti a garantire la trasparenza delle informazioni sulla proprietà effettiva, conformemente alla legislazione nazionale; (i) sostenendo l’educazione dei giovani, conformemente ai sistemi d’istruzione nazionali, sensibi- lizzandoli all’importanza del buongoverno, inclusa la trasparenza, e prevenendo e contrastando la corruzione anche incentivando l’acquisizione di competenze digitali, e rafforzando le misure di sensibilizzazione, anche attraverso la promozione di azioni collettive e la collaborazione tra il settore pubblico e privato e la società civile; (j) riducendo i divari digitali esistenti attraverso la promozione e il sostegno all’alfabetizzazione digitale e migliorando l’accessibilità alle risorse e alle applicazioni online della pubblica ammi- nistrazione; (k) adottando misure appropriate per garantire che siano messi a disposizione canali di segnala- zione di violazioni facilmente accessibili e sicuri, per adottare e applicare meccanismi legali che tutelino efficacemente coloro che denunciano le violazioni dalle ritorsioni e per incoraggiare per- tinenti organizzazioni a definire e attuare le necessarie salvaguardie, in conformità con la legi- slazione nazionale; (l) adottando, in conformità con la legislazione nazionale, un approccio olistico e multilaterale per incrementare l’efficacia e migliorare il coordinamento delle misure e delle iniziative anticorruzione, inclusa la promozione dell’applicazione della responsabilità sociale delle imprese; (m) promuovendo la piena, equa ed effettiva partecipazione delle donne allo sviluppo e all’attua- zione delle pertinenti attività anticorruzione, al fine di raggiungere la parità tra i sessi, tenendo conto del fatto che la corruzione colpisce in modo sproporzionato le donne e le persone vulnerabili; (…)

3. incoraggia gli Stati partecipanti ad avvalersi al meglio dell’OSCE come piattaforma per il dialogo, la cooperazione, lo scambio di informazioni e la condivisione di migliori pratiche nel settore della prevenzione e della lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza;

104 2.4 Stato di diritto

4. incarica le pertinenti strutture esecutive dell’OSCE, comprese le operazioni sul terreno, nell’am- bito dei loro mandati e delle risorse disponibili, di assistere gli Stati partecipanti, su loro richiesta, nell’attuazione delle disposizioni della presente decisione, anche cooperando con pertinenti orga- nizzazioni regionali e internazionali; (…)

2.4 Stato di diritto

Si veda anche: I. 3: Restrizioni e deroghe II. 3.1.4: Libertà da arresto o detenzione arbitrari II. 3.1.5: Diritto a un processo equo II. 3.1.6: Diritto a rimedi efficaci

2.4.1 Disposizioni generali

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(13) [Gli Stati partecipanti] (…) 2 (13.4) — garantiranno l’effettivo diritto dell’individuo di conoscere i propri diritti e doveri in tale campo e di agire in conseguenza, e a tal fine pubblicheranno e renderanno accessibili tutte le leggi, regolamenti e le procedure concernenti i diritti dell’uomo e le libertà fondamentali;

Copenhagen 1990

(2) [Gli Stati partecipanti] sono determinati a sostenere e promuovere i principi di giustizia che rappresentano la base dello Stato di diritto. Essi considerano che lo Stato di diritto non consiste in una mera legalità formale che assicuri regolarità e coerenza nel conseguimento e nell’attuazione dell’ordine democratico, ma comporta altresì l’affermazione della giustizia fondata sul riconosci- mento e la piena accettazione del valore supremo della persona umana e garantita da istituzioni nel cui quadro essa trovi la sua più piena espressione.

(3) Essi riaffermano che la democrazia è un elemento inerente dello Stato di diritto. (…) (…)

(5.3) l’obbligo del governo e delle pubbliche autorità di osservare la Costituzione e di agire in modo conforme alla legge, (…)

(5.5) l’attività del governo e dell’amministrazione nonché quella del potere giudiziario saranno eser- citate conformemente al sistema stabilito dalla legge. Deve essere assicurato il rispetto di tale sistema,

105 2.4.1 Disposizioni generali

(…) (5.7) i diritti dell’uomo e le libertà fondamentali saranno garantiti dalla legge e conformi agli obbli- ghi derivanti dal diritto internazionale, (5.8) le leggi, da adottarsi mediante procedure pubbliche, e i regolamenti saranno pubblicati, e ciò deve essere la condizione della loro applicabilità. Tali testi saranno accessibili a tutti, (5.9) tutte le persone sono uguali di fronte alla legge e hanno diritto, senza discriminazione, a un’u- guale tutela da parte della legge. A tale riguardo, la legge vieta qualsiasi discriminazione e garanti- sce a tutte le persone una tutela uguale ed effettiva contro discriminazioni comunque giustificate, (…)

(5.15) chiunque sia arrestato o detenuto a seguito di un’accusa penale avrà il diritto di adire senza indugi un giudice o altro pubblico ufficiale autorizzato dalla legge ad esercitare questa funzione, affinché possa essere stabilita la legittimità del suo arresto o detenzione, (…)

(5.18) nessuno sarà accusato, processato o condannato per un reato penale non previsto da una legge che ne definisca gli elementi con chiarezza e precisione, (5.19) ciascuno sarà presunto innocente fino a quando non venga provata la sua colpevolezza con- formemente alla legge, (5.20) considerando l’importante contributo apportato dagli strumenti internazionali nel campo dei diritti dell’uomo alla realizzazione dello Stato di diritto, gli Stati partecipanti riaffermano che essi prenderanno in considerazione l’opportunità di aderire al Patto Internazionale sui Diritti Civili e Politici, al Patto Internazionale sui Diritti Economici, Sociali e Culturali e ad altri stru- menti internazionali pertinenti, se non l’hanno ancora fatto, (5.21) al fine di integrare i ricorsi nazionali e di meglio garantire che gli Stati partecipanti rispet- tino gli obblighi internazionali sottoscritti, essi prenderanno in considerazione l’opportunità di aderire ad una convenzione internazionale, regionale o universale concernente la tutela dei diritti dell’uomo, quali la Convenzione Europea sui Diritti dell’Uomo o il Protocollo Opzionale al Patto Internazionale sui Diritti Civili e Politici, che prevedono procedure di ricorso individuale ad organismi internazionali. (…)

(24) Gli Stati partecipanti assicureranno che l’esercizio di tutti i summenzionati diritti dell’uomo e delle libertà fondamentali non sarà soggetto ad alcuna restrizione, eccetto quelle che sono previste dalla legge e che sono conformi ai loro obblighi derivanti dal diritto internazionale, in particolare dal Patto Internazionale sui Diritti Civili e Politici, e dai loro impegni internazionali, in particolare dalla Dichiarazione Universale dei Diritti dell’Uomo. Tali restrizioni hanno carattere di eccezione.

106 2.4.1 Disposizioni generali

Gli Stati partecipanti assicureranno che dette restrizioni non siano applicate in maniera abusiva né arbitraria, ma in modo tale da salvaguardare l’effettivo esercizio di questi diritti. Qualsiasi restrizione dei diritti e delle libertà deve, in una società democratica, riferirsi ad una delle finalità perseguite dalla legge applicabile ed essere rigorosamente proporzionata alle finalità di tale legge.

Mosca 1991

(18.1) — La legislazione sarà formulata ed adottata come risultato di un processo trasparente che rispecchi la volontà del popolo, sia direttamente che attraverso i suoi rappresentanti eletti. (…)

(27) Gli Stati partecipanti (27.1) esprimono la loro intenzione di cooperare nei campi del diritto costituzionale, amministra- tivo, commerciale, civile e del benessere sociale e in altri settori pertinenti, al fine di sviluppare, in particolare negli Stati ove questi ancora non esistano, sistemi legali basati sul rispetto dei diritti dell’uomo, sullo stato di diritto e sulla democrazia. (27.2) a tal fine, prevedono la continuazione e il rafforzamento della cooperazione giuridica e ammi- nistrativa bilaterale e multilaterale, fra l’altro, nei seguenti campi: • sviluppo di un efficiente sistema amministrativo; • assistenza nella formulazione di leggi e regolamenti; 2 • formazione del personale amministrativo e forense; • scambio di opere e periodici giuridici.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

18. Gli Stati partecipanti sottolineano che qualsiasi azione delle autorità pubbliche deve essere con- forme allo stato di diritto, garantendo in tal modo la sicurezza giuridica dell’individuo.

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri,

riconoscendo che il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, nonché lo svi- luppo di società basate sulla democrazia pluralistica e sullo stato di diritto rappresenta un presup- posto per conseguire una pace, una sicurezza, una giustizia e una stabilità durevoli, (…)

ribadendo che le attività di governo, dell’amministrazione pubblica e della magistratura devono essere esercitate conformemente al sistema stabilito dalla legge e in linea con i pertinenti impe- gni OSCE, nonché con gli obblighi internazionali assunti dagli Stati partecipanti, e che il rispetto di tale sistema deve essere garantito,

considerando che lo stato di diritto non significa una mera legalità formale che assicura regola- rità e coerenza nel perseguire e far rispettare l’ordine democratico, bensì una giustizia basata sul riconoscimento e sulla piena accettazione del valore supremo della personalità umana, garantita da istituzioni che forniscono un contesto per la sua più completa espressione,

107 2.4.1 Disposizioni generali

riconoscendo che lo stato di diritto deve essere basato sul rispetto dei diritti umani internazional- mente riconosciuti, compreso il diritto a un giusto processo, il diritto ad un’effettiva possibilità di ricorso e il diritto a non essere sottoposti ad arresto o detenzione arbitrari, (…)

decide di: • riservare nel 2006 una maggiore attenzione ai temi dello stato di diritto e del giusto processo nei sistemi di giustizia penale e di darvi seguito, tra l’altro, incoraggiando gli Stati partecipanti a migliorare l’attuazione degli impegni esistenti, avvalendosi anche delle competenze dell’O- DIHR e in stretta collaborazione con altre pertinenti organizzazioni internazionali, al fine di evi- tare inutili duplicazioni; (…)

Bruxelles 2006 (Decisione N.5/06 sulla criminalità organizzata)

Il Consiglio dei ministri, (…)

evidenziando il ruolo fondamentale svolto da un sistema di giustizia penale efficiente ed efficace nel garantire la sicurezza e l’incolumità pubblica,

riconoscendo che le politiche e le attività relative al sistema di giustizia penale dovrebbero com- prendere ed integrare, tra l’altro, la prevenzione dei crimini, l’applicazione della legge, la polizia, il sistema giudiziario, l’azione penale, gli avvocati della difesa e i sistemi penali,

riconoscendo che sistemi efficienti ed efficaci di giustizia penale possono svilupparsi solo sulla base dello stato di diritto e della tutela dei diritti umani e che lo stesso stato di diritto richiede la sal- vaguardia di tali sistemi di giustizia penale,

riconoscendo che sistemi efficienti ed efficaci di giustizia penale basati sullo stato di diritto sono un requisito indispensabile per combattere la criminalità organizzata, la tratta di esseri umani, il traffico di armi e di stupefacenti, il terrorismo, la corruzione nonché altre forme di attività cri- minali a livello nazionale e transnazionale e che risposte mirate a tali sfide alla sicurezza devono essere adottate nel quadro generale del sistema di giustizia penale, (…)

riconoscendo la necessità che l’OSCE si concentri sul rafforzamento della cooperazione giudizia- ria internazionale e sul miglioramento dei sistemi di giustizia penale quali componenti del suo programma di sicurezza globale, in coordinamento con le Nazioni Unite e con altri consessi mul- tilaterali, (…)

4. sollecita gli Stati partecipanti a prestare la dovuta attenzione all’integrità e professionalità delle istituzioni preposte all’applicazione della legge e delle autorità responsabili dell’azione penale, all’efficiente amministrazione della giustizia e alla corretta gestione del sistema giurisdizionale, all’indipendenza della magistratura e al corretto funzionamento del sistema penitenziario, non- ché a esaminare alternative alla detenzione;

108 2.4.1 Disposizioni generali

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale) (…)

Esortiamo gli Stati partecipanti ad attuare pienamente i loro impegni e obblighi internazionali al fine di garantire un funzionamento equo ed efficace dei propri sistemi di giustizia penale.

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

sottolineando l’importanza da noi attribuita ai diritti dell’uomo, allo stato di diritto e alla demo- crazia, che sono interconnessi e si rafforzano reciprocamente,

sottolineando inoltre l’importanza dello stato di diritto quale elemento transdimensionale per assicurare il rispetto dei diritti dell’uomo e della democrazia, sicurezza e stabilità, buongoverno, relazioni economiche e commerciali reciproche, sicurezza degli investimenti e un clima impren- ditoriale favorevole nonché il suo ruolo nella lotta alla corruzione, alla criminalità organizzata e a tutti i tipi di traffico illecito, fra cui quello degli stupefacenti e delle armi, nonché alla tratta di esseri umani, fungendo in tal modo da base per lo sviluppo politico, economico, sociale e ambientale negli Stati partecipanti, 2 (…)

2. invita gli Stati partecipanti a contribuire, ove appropriato, ai progetti e ai programmi dell’O- SCE che sostengono lo stato di diritto; (…)

4. incoraggia gli Stati partecipanti, con l’assistenza, ove appropriato, delle pertinenti strutture esecutive dell’OSCE in conformità ai loro mandati e nell’ambito delle loro risorse, a proseguire e potenziare i loro sforzi volti a scambiare informazioni e migliori prassi e a rafforzare lo stato di diritto, fra l’altro, nelle seguenti aree: • (…) efficace amministrazione della giustizia, diritto a un equo processo, accesso alla giustizia, responsabilità delle istituzioni e dei funzionari dello Stato, rispetto dello stato di diritto nella pubblica amministrazione, diritto all’assistenza legale (…); (…) • adesione al principio della composizione pacifica delle controversie; (…) • legislazioni efficienti e quadri amministrativi e giudiziari che facilitino le attività economiche, il commercio e gli investimenti negli e fra gli Stati partecipanti; • rispetto dello stato di diritto per quanto riguarda la protezione dell’ambiente naturale nell’a- rea dell’OSCE; • attività di sensibilizzazione su questioni relative allo stato di diritto presso tribunali, autorità preposte all’applicazione della legge, apparati di polizia e sistemi penitenziari nonché nel qua- dro della formazione di operatori nell’ambito del diritto; • educazione allo stato di diritto nonché opportunità di interazione e scambio per operatori nell’ambito del diritto, accademici e studenti di diritto di differenti Stati partecipanti all’OSCE nell’area dell’OSCE;

109 2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico

• il ruolo delle corti costituzionali o di istituzioni analoghe degli Stati partecipanti quale stru- mento per assicurare che i principi dello stato di diritto, della democrazia e dei diritti dell’uomo siano rispettati in tutte le istituzioni statali; • la messa a disposizione di strumenti giuridici efficaci, ove appropriato, e l’accesso ad essi; • rispetto delle norme e delle prassi relative allo stato di diritto nel sistema di giustizia penale; • lotta alla corruzione; (…)

Atene 2009 (Decisione N.7/09 sulla partecipazione delle donne alla vita politica e pubblica)

Il Consiglio dei ministri, (…)

consapevole della persistente sottorappresentanza delle donne in seno agli organi decisionali nei settori legislativi, esecutivi, compresi i servizi di polizia, e giudiziari nell’area dell’OSCE,

preoccupato per il fatto che la diffusa discriminazione nei confronti delle donne continua a pre- giudicare la loro effettiva partecipazione alla vita politica e pubblica a tutti i livelli, (…)

invita gli Stati partecipanti a:

1. considerare la possibilità di adottare misure specifiche volte a realizzare l’equilibrio di genere in tutti gli organi (…) giudiziari ed esecutivi (…)

Astana 2010

2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico

Copenhagen 1990

(5.12) — l’indipendenza dei giudici e l’imparzialità nel funzionamento dei servizi giudiziari pub- blici saranno assicurate; (5.13) — l’indipendenza della professione forense, in particolare per quanto riguarda le condizioni di ammissione e di esercizio dell’attività sarà riconosciuta e tutelata,

110 2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico

Mosca 1991

(19) Gli Stati partecipanti (19.1) rispetteranno le norme internazionalmente riconosciute che riguardano l’indipendenza dei giudici e della professione forense e l’imparzialità nel funzionamento dei servizi giudiziari pub- blici, inclusi, fra l’altro, la Dichiarazione Universale dei Diritti dell’Uomo e il Patto Internazio- nale sui Diritti Civili e Politici; (19.2) nell’attuare le norme e gli impegni pertinenti, assicureranno che l’indipendenza della magi- stratura sia garantita e sancita nella Costituzione o nella legislazione del paese e sia rispettata nella pratica, prestando particolare attenzione ai Principi Fondamentali sull’Indipendenza della Magi- stratura che, fra l’altro, prevedono di: (i) vietare influenze improprie sui giudici; (ii) impedire la revisione delle decisioni giudiziarie da parte delle autorità amministrative, tranne che per i diritti delle competenti autorità di mitigare o commutare le sentenze imposte dai giu- dici, conformemente alla legge; (iii) tutelare la libertà di espressione e di associazione della magistratura, salve unicamente le restrizioni che sono compatibili con le sue funzioni; (iv) assicurare che i giudici abbiano un’adeguata qualifica e formazione e siano scelti su una base non discriminatoria; (v) garantire la continuità della carica e appropriate condizioni di servizio, eventualmente anche 2 per quanto riguarda la questione della promozione dei giudici; (vi) rispettare le condizioni dell’immunità; (vii) assicurare che i provvedimenti disciplinari, la sospensione e la rimozione dei giudici siano determinati conformemente alla legge.

(20) Per la promozione dell’indipendenza della magistratura, gli Stati partecipanti (20.1) riconosceranno l’importante funzione che le associazioni nazionali ed internazionali dei giudici e dei legali possono svolgere per rafforzare il rispetto dell’indipendenza dei loro membri e per provvedere all’istruzione e alla formazione sul ruolo della magistratura e della professione forense nella società; (20.2) promuoveranno e faciliteranno il dialogo, gli scambi e la cooperazione fra le associazioni nazionali ed altri gruppi interessati a garantire il rispetto dell’indipendenza della magistratura e la tutela dei legali; (20.3) coopereranno fra loro, fra l’altro, mediante il dialogo, i contatti e gli scambi al fine di indivi- duare l’esistenza di settori problematici, per quanto riguarda la tutela dell’indipendenza dei giudici e della professione forense, e di sviluppare modi e mezzi per affrontare e risolvere tali problemi; (20.4) coopereranno su una base di continuità in settori quali l’istruzione e la formazione dei giu- dici e della professione forense, nonché la preparazione e la promulgazione della legislazione intesa a consolidare il rispetto della loro indipendenza e il funzionamento imparziale del servizio giu- diziario pubblico.

Istanbul 1999 (Carta per la sicurezza europea: IV. I nostri strumenti comuni)

45. Promuoveremo inoltre lo sviluppo di sistemi giudiziari indipendenti che svolgano un ruolo fondamentale nel fornire strumenti giuridici di ricorso per le violazioni dei diritti dell’uomo non- ché consigli e assistenza per la riforma dei sistemi carcerari. (…)

111 2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri, (…)

riconoscendo che una magistratura imparziale e indipendente svolge un ruolo vitale nel garantire giusti processi e nel tutelare i diritti umani prima, durante e dopo i processi,

riconoscendo che gli avvocati della difesa svolgono, nel sistema di giustizia penale, un ruolo fon- damentale nell’assicurare il diritto a un giusto processo e nella promozione e tutela di altri diritti umani, (…)

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale) (…)

Ricordiamo l’impegno assunto dagli Stati partecipanti all’OSCE di garantire l’indipendenza della magistratura. (…)

Riteniamo che: • l’indipendenza della magistratura sia un presupposto dello stato di diritto e serva da garanzia fondamentale del diritto al giusto processo; • l’imparzialità sia essenziale per l’appropriato esercizio delle funzioni giudiziarie; • l’integrità sia essenziale per l’appropriato esercizio delle funzioni giudiziarie; • la correttezza e l’immagine di correttezza siano essenziali per l’adempimento di tutti I com- piti di un giudice; • una garanzia di pari trattamento per tutti dinanzi ai tribunali sia essenziale per il debito eser- cizio delle funzioni giudiziare; • la competenza e la diligenza siano requisiti essenziali per il corretto esercizio delle funzioni giudiziarie.

Riteniamo che: • i magistrati debbano essere persone integre e capaci, con appropriate formazione e qualificazione; • i magistrati debbano sempre preservare l’onore e la dignità della propria professione e rispet- tare lo stato di diritto; • le funzioni del pubblico ministero debbano essere rigorosamente separate dalle funzioni giu- diziarie e i pubblici ministeri debbano rispettare l’indipendenza e l’imparzialità dei giudici; • i magistrati debbano, conformemente alla legge, esercitare le loro funzioni in modo equo, coe- rente e celere, nonché rispettare e tutelare la dignità umana e i diritti dell’uomo, concorrendo in tal modo a garantire il giusto processo e il buon funzionamento del sistema di giustizia penale. (…)

112 2.4.2 Indipendenza della magistratura e degli avvocati e funzionamento imparziale del sistema giudiziario pubblico

Riteniamo che: • debbano essere adottate tutte le misure volte a rispettare, tutelare e promuovere la libertà di eser- cizio della professione forense, senza discriminazione e senza inopportune ingerenze da parte delle autorità o del pubblico; • le decisioni in merito all’autorizzazione ad esercitare la professione forense o ad iscriversi all’or- dine degli avvocati debbano spettare ad un organo indipendente. Tali decisioni, siano esse adot- tate da un organo indipendente o meno, dovrebbero essere sottoposte all’esame di un’autorità giudiziaria indipendente e imparziale; • gli avvocati non debbano subire alcuna sanzione o pressione né esserne minacciati quando agi- scano nel rispetto dei loro standard deontologici; • gli avvocati debbano aver accesso ai loro assistiti, comprese in particolare le persone private della libertà, per poter prestare consulenza in condizioni di riservatezza e rappresentare i loro assistiti secondo standard deontologici definiti; • debbano essere adottate tutte le misure necessarie e opportune al fine di garantire il rispetto della riservatezza del rapporto che intercorre tra assistito e avvocato. Deroghe a tale principio dovrebbero essere consentite solo se conformi allo stato di diritto; • gli avvocati non debbano vedersi negato l’accesso ad un tribunale dinanzi al quale siano abilitati a presentarsi e debbano poter accedere a tutte le prove e agli atti pertinenti quando difendano i diritti e gli interessi dei loro assistiti conformemente agli standard deontologici. (…) 2

Bruxelles 2006 (Decisione N.5/06 sulla criminalità organizzata)

Il Consiglio dei ministri, (…)

4. sollecita gli Stati partecipanti a prestare la dovuta attenzione all’integrità e professionalità (…) delle autorità responsabili dell’azione penale, all’efficiente amministrazione della giustizia e alla corretta gestione del sistema giurisdizionale, all’indipendenza della magistratura e al corretto fun- zionamento del sistema penitenziario (…)

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

113 2.4.3 Amministrazione della giustizia

Dublino2012 (Dichiarazione sul rafforzamento del buongoverno e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo) (…)

Riconosciamo che la lotta contro la corruzione richiede approcci strategici e globali a lungo termine e istituzioni forti. Siamo persuasi che i responsabili della prevenzione, individuazione, investiga- zione, perseguimento e giudizio dei reati di corruzione debbono essere liberi da influenze impro- prie. In particolare, rileviamo il ruolo centrale che le forze dell’ordine e le istituzioni giudiziarie svolgono nella lotta contro la corruzione e nella tutela dello stato di diritto. Riconosciamo l’im- portanza fondamentale di garantire l’indipendenza del potere giudiziario affinché possa svolgere la sua funzione nonché la necessità di intensificare gli sforzi in tal senso. (…)

2.4.3 Amministrazione della giustizia

A. Applicazione della legge

Mosca 1991

(21) Gli Stati partecipanti (21.1) adotteranno tutte le misure necessarie per garantire che il personale responsabile dell’ap- plicazione della legge, nel fare rispettare l’ordine pubblico, agisca nel pubblico interesse, risponda ad una esigenza specifica e persegua un obiettivo legittimo; nonché usi modi e mezzi commisurati alle circostanze, che non eccedano le esigenze dell’applicazione della legge; (21.2) assicureranno che gli interventi destinati a far rispettare la legge siano soggetti al controllo giudiziario, che il personale responsabile dell’applicazione della legge sia tenuto responsabile di tali interventi e che un debito risarcimento possa essere richiesto, conformemente alla legislazione nazionale, dalle vittime di interventi che risultassero effettuati in violazione dei suddetti impegni.

(22) Gli Stati partecipanti adotteranno misure appropriate per assicurare che l’istruzione e le infor- mazioni riguardanti la proibizione dell’uso di forza eccessiva da parte del personale responsabile dell’applicazione della legge nonché i pertinenti codici di condotta internazionali e nazionali siano inclusi nella formazione di tale personale.

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

37. Gli Stati partecipanti non impiegheranno le forze armate per limitare l’esercizio pacifico e legit- timo dei diritti dell’uomo e dei diritti civili da parte delle persone, in quanto singoli o in quanto rappresentanti di gruppi, né per privarle della loro identità nazionale, religiosa, culturale, lingui- stica o etnica.

Istanbul 1999 (Carta per la sicurezza europea: IV. I nostri strumenti comuni)

45. (…) L’OSCE opererà anche assieme ad altre organizzazioni internazionali nella creazione di un quadro politico e giuridico entro cui la polizia possa svolgere i propri compiti conformemente ai principi democratici e allo stato di diritto.

114 2.4.3 Amministrazione della giustizia

Bucarest 2001 (Decisione N.9/01 sulle attività connesse alla polizia)

Il Consiglio dei Ministri, (…)

affermando che un’efficace servizio di polizia è essenziale per difendere lo stato di diritto e le isti- tuzioni democratiche; (…)

1. Concorda che nell’elaborazione di piani (…) per (…) potenziare le attività dell’OSCE connesse alla polizia (…), l’OSCE: (…) • esaminerà e accrescerà il ruolo della formazione, in particolare della formazione integrata della polizia, per creare servizi di polizia cui l’intera popolazione possa fare affidamento e che rap- presentino una misura di rafforzamento della fiducia (…)

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale) (…)

Riteniamo che: • i funzionari preposti all’applicazione della legge debbano sempre adempiere al compito loro affi- 2 dato per legge, operando al servizio dei cittadini e proteggendo ogni persona da atti illeciti, in modo rispondente all’alto grado di responsabilità imposto dalla loro professione; • nell’esercizio delle loro funzioni, i funzionari preposti all’applicazione della legge debbano rispet- tare e tutelare la dignità umana e salvaguardare i diritti umani di ogni persona; • i funzionari preposti all’applicazione della legge debbano ricorrere all’uso della forza solo nella misura in cui ciò sia necessario e appropriato per svolgere i loro compiti e per garantire la sicu- rezza pubblica; • i funzionari preposti all’applicazione della legge, quali membri di un più ampio gruppo di fun- zionari pubblici o altre persone che agiscono in veste ufficiale, non debbano infliggere, isti- gare, incoraggiare o tollerare alcun atto di tortura o altre pene o trattamenti crudeli, disumani o degradanti;

nessun funzionario preposto all’applicazione della legge debba essere punito per la mancata ese- cuzione di ordini di commettere o occultare atti riconducibili a torture o ad altre pene o tratta- menti crudeli, disumani o degradanti; • i funzionari preposti all’applicazione della legge debbano essere consapevoli e rispettosi dello stato di salute delle persone che hanno in custodia e, in particolare, adottare misure immediate per garantire assistenza medica ogni qual volta ciò risulti necessario. (…)

Bruxelles 2006 (Decisione N.5/06 sulla criminalità organizzata)

Il Consiglio dei ministri, (…)

115 2.4.3 Amministrazione della giustizia

all’efficiente amministrazione della giustizia e (…) al corretto funzionamento del sistema peni- tenziario (…) (…)

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

Atene 2009 (Decisione N.7/09 sulla partecipazione delle donne alla vita politica e pubblica)

Il Consiglio dei ministri, (…)

consapevole della persistente sottorappresentanza delle donne in seno agli organi decisionali nei settori legislativi, esecutivi, compresi i servizi di polizia, e giudiziari nell’area dell’OSCE,

preoccupato per il fatto che la diffusa discriminazione nei confronti delle donne continua a pre- giudicare la loro effettiva partecipazione alla vita politica e pubblica a tutti i livelli, (…)

invita gli Stati partecipanti a:

4. considerare la possibilità di adottare misure volte a creare pari opportunità nei servizi di sicu- rezza, comprese le forze armate, ove pertinente, al fine di garantire equità nel reclutamento, nel mantenimento in servizio e nella promozione di uomini e donne; (…)

116 2.4.3 Amministrazione della giustizia

B. Trattamento delle persone private della libertà

Si veda anche: II. 4.9 Persone in detenzione o in carcere

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(23) Gli Stati partecipanti (23.1) assicureranno che nessuna persona sia arbitrariamente arrestata, detenuta o esiliata; (23.2) assicureranno che tutte le persone detenute o incarcerate siano trattate con l’umanità e il rispetto dovuti alla dignità propria della persona umana; (23.3) osserveranno le Norme delle Nazioni Unite sugli standard minimi per il Trattamento dei detenuti nonché il Codice di condotta delle Nazioni Unite per i funzionari responsabili dell’ap- plicazione delle leggi; (23.4) proibiranno la tortura ed altri trattamenti o pene crudeli, inumani o degradanti e adotteranno efficaci misure legislative, amministrative, giudiziarie e altre per prevenire e punire tali pratiche; (23.5) esamineranno la possibilità di aderire, se non lo abbiano già fatto, alla Convenzione contro la tortura ed altre pene crudeli o trattamenti inumani o degradanti; (23.6) proteggeranno gli individui contro qualsiasi pratica psichiatrica o altra pratica medica che 2 violino i diritti dell’uomo e le libertà fondamentali e adotteranno misure efficaci per prevenire e punire tali pratiche.

(24) (…) Negli Stati partecipanti che non abbiano ancora abolito la pena capitale, la condanna a morte potrà essere comminata soltanto per i reati più gravi conformemente alle leggi in vigore all’epoca in cui è stato commesso il reato e non in contrasto con i loro impegni internazionali. (…)

Mosca 1991

117 2.4.3 Amministrazione della giustizia

(vi) qualsiasi persona arrestata o detenuta, abbia il diritto, senza indebito ritardo, di notificare o di richiedere all’autorità competente di notificare a persone appropriate di sua scelta l’arresto, la detenzione, l’incarcerazione e il luogo ove si trova; qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali; (vii) siano adottate misure efficaci, se ciò non sia già stato fatto, per assicurare che gli organi responsabili dell’applicazione della legge non approfittino della situazione di una persona dete- nuta o incarcerata al fine di obbligarla a confessare, o ad autoincriminarsi in altro modo, o a costringerla a testimoniare contro qualsiasi altra persona; (viii) la durata di qualsiasi interrogatorio e gli intervalli fra di essi siano registrati e certificati, conformemente alla legislazione nazionale; (ix) una persona detenuta o il suo consulente legale abbiano il diritto di presentare una richiesta o un ricorso per quanto riguarda il suo trattamento, in particolare quando siano state applicate torture o altri trattamenti crudeli, inumani o degradanti, alle autorità responsabili dell’ammi- nistrazione del luogo di detenzione e alle autorità superiori, e, quando necessario, alle autorità competenti investite del potere di revisione o evasione dei ricorsi; (x) tale richiesta o ricorso siano prontamente evasi e sia data loro risposta senza indebiti ritardi; se la richiesta o il ricorso sono rigettati o in caso di eccessivo ritardo, il ricorrente avrà il diritto di sottoporre il caso ad un’autorità giudiziaria o ad un’altra autorità; il fatto di aver presentato una richiesta o un ricorso non pregiudicherà né la persona detenuta o incarcerata né il ricor- rente; (xi) chiunque sia stato vittima di un arresto o di una detenzione illegittimi abbia il diritto di adire le vie legali per un risarcimento. (23.2) Gli Stati partecipanti (i) si adopereranno per adottare misure, se necessario, intese a migliorare le condizioni delle persone detenute o incarcerate; (ii) presteranno particolare attenzione alla questione delle alternative all’incarcerazione.

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale) (…)

Riteniamo che: (…) • i funzionari preposti all’applicazione della legge debbano essere consapevoli e rispettosi dello stato di salute delle persone che hanno in custodia e, in particolare, adottare misure immediate per garantire assistenza medica ogni qual volta ciò risulti necessario. (…)

Riteniamo che l’esecuzione di pene detentive e il trattamento dei detenuti debbano tener conto dei requisiti di incolumità, sicurezza e disciplina, garantendo al tempo stesso condizioni di detenzione che non offendano la dignità umana e che offrano ai detenuti attività occupazionali utili e pro- grammi di riabilitazione adeguati che li preparino al reinserimento nella società. (…)

118 2.4.4 Adempimento degli obblighi internazionali

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

2.4.4 Adempimento degli obblighi internazionali

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio X)

Gli Stati partecipanti adempiono in buona fede i loro obblighi di diritto internazionale, sia quelli derivanti dai principi e dalle norme di diritto internazionale generalmente riconosciuti, sia quelli derivanti dai trattati e altri accordi, conformi al diritto internazionale, di cui essi sono parti. 2 Nell’esercizio dei loro diritti sovrani, compreso il diritto di determinare le loro leggi e regola- menti, essi si conformano ai loro obblighi giuridici di diritto internazionale; essi tengono inoltre in debita considerazione e applicano le disposizioni dell’Atto finale della Conferenza sulla Sicu- rezza e la Cooperazione in Europa.

Gli Stati partecipanti confermano, che nel caso di contrasto fra gli obblighi dei membri delle Nazioni Unite in base allo Statuto delle Nazioni Unite e i loro obblighi in base a qualsiasi trattato o altro accordo internazionale, i loro obblighi in base allo Statuto prevarranno, in conformità all’articolo 103 dello Statuto delle Nazioni Unite.

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale) (…)

Esortiamo gli Stati partecipanti ad attuare pienamente i loro impegni e obblighi internazionali al fine di garantire un funzionamento equo ed efficace dei propri sistemi di giustizia penale.

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

1. invita gli Stati partecipanti all’OSCE ad adempiere ai loro obblighi ai sensi del diritto interna- zionale e a rispettare i loro impegni OSCE riguardanti lo stato di diritto sia a livello internazio- nale che nazionale, anche nell’ambito di tutti gli aspetti della loro legislazione, amministrazione e del loro sistema giudiziario; (…)

119 2.4.4 Adempimento degli obblighi internazionali

120 3. Impegni relativi ai diritti umani applicabili a tutti 3.1 Diritti civili e politici

3.1 Diritti civili e politici

3.1.1 Disposizioni generali

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VII)

[Gli Stati partecipanti] promuovono e incoraggiano l’esercizio effettivo delle libertà e dei diritti civili, politici (…) ed altri che derivano tutti dalla dignità inerente alla persona umana e sono essen- ziali al suo libero e pieno sviluppo.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] ribadiscono parimenti la loro determinazione di sviluppare le loro leggi e regolamenti nel campo dei diritti civili, politici (…) e degli altri diritti dell’uomo e delle libertà dell’uomo e delle libertà fondamentali; inoltre ribadiscono la loro determinazione di garantire l’e- sercizio effettivo di tali diritti e libertà.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(12) (…) [Gli Stati partecipanti] riconoscono che le libertà e i diritti civili, politici (…) ed altri hanno tutti un’importanza capitale e devono essere pienamente realizzati con tutti i mezzi appropriati.

(13) In tale contesto essi (…)

(13.2) — considereranno la possibilità di aderire, se non l’abbiano già fatto, alla Convenzione Inter- nazionale sui Diritti Civili e Politici (…), al Protocollo Facoltativo della Convenzione sui Diritti Civili e Politici e ad altri strumenti internazionali pertinenti; (…)

3.1.2 Diritto alla vita/Abolizione della pena di morte

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(24) Per quanto riguarda la questione della pena capitale, gli Stati partecipanti rilevano che la pena capitale è stata abolita in alcuni di loro. Negli Stati partecipanti che non abbiano ancora abolito la pena capitale, la condanna a morte potrà essere comminata soltanto per i reati più gravi con- formemente alle leggi in vigore all’epoca in cui è stato commesso il reato e non in contrasto con i loro impegni internazionali. Detta questione resterà all’esame. In tale contesto gli Stati parteci- panti coopereranno nell’ambito delle organizzazioni internazionali competenti.

Copenhagen 1990

(17) Gli Stati partecipanti (…)

(17.2) in tale contesto ricordano l’adozione, da parte dell’Assemblea Generale delle Nazioni Unite del 15 dicembre 1989, del Secondo Protocollo Facoltativo della Convenzione Internazionale sui Diritti Civili e Politici mirante all’abolizione della pena capitale,

122 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

(17.3) rilevano le restrizioni e le salvaguardie riguardanti l’uso della pena capitale che sono state adottate dalla comunità internazionale, in particolare l’articolo 6 del Patto Internazionale sui Diritti Civili e Politici, (17.4) rilevano le disposizioni del Sesto Protocollo della Convenzione Europea per la Tutela dei Diritti dell’Uomo e delle Libertà Fondamentali concernenti l’abolizione della pena capitale, (17.5) rilevano le recenti misure adottate da diversi Stati partecipanti per l’abolizione della pena capitale, (17.6) rilevano le attività di diverse organizzazioni non governative riguardanti la questione della pena capitale, (17.7) si scambieranno informazioni nell’ambito della Conferenza sulla Dimensione Umana sulla questione dell’abolizione della pena capitale e continueranno a tenere in considerazione tale que- stione, (17.8) renderanno accessibili all’opinione pubblica le informazioni riguardanti il ricorso alla pena capitale.

Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo) (…)

Sottolineiamo che ciascun individuo ha diritto alla vita, alla libertà e alla sicurezza personale; nes- sun individuo deve essere tenuto in stato di schiavitù né essere sottoposto a tortura o a trattamenti o pene crudeli, disumani e degradanti. (…)

3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti 3 Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(23) Gli Stati partecipanti (…) (23.2) assicureranno che tutte le persone detenute o incarcerate siano trattate con l’umanità e il rispetto dovuti alla dignità propria della persona umana; (23.3) osserveranno le Norme delle Nazioni Unite sugli standard minimi per il Trattamento dei detenuti nonché il Codice di condotta delle Nazioni Unite per i funzionari responsabili dell’ap- plicazione delle leggi; (23.4) proibiranno la tortura ed altri trattamenti o pene crudeli, inumani o degradanti e adotteranno efficaci misure legislative, amministrative, giudiziarie e altre per prevenire e punire tali pratiche; (23.5) esamineranno la possibilità di aderire, se non lo abbiano già fatto, alla Convenzione contro la tortura ed altre pene crudeli o trattamenti inumani o degradanti; (23.6) proteggeranno gli individui contro qualsiasi pratica psichiatrica o altra pratica medica che violino i diritti dell’uomo e le libertà fondamentali e adotteranno misure efficaci per prevenire e punire tali pratiche.

123 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

Copenhagen 1990

(16) Gli Stati partecipanti (…)

(16.2) ritengono urgente che venga presa in considerazione l’adesione alla Convenzione con- tro la Tortura e contro altri Trattamenti o Pene Crudeli, Inumani o Degradanti, qualora non lo abbiano già fatto, e siano riconosciute le competenze della Commissione contro la Tortura di cui agli articoli 21 e 22 della Convenzione e ritirate le riserve relative alla competenza della Commis- sione di cui all’articolo 20, (16.3) sottolineano che nessuna situazione eccezionale, di qualsiasi genere, sia uno stato di guerra sia una minaccia di guerra, di instabilità politica interna o qualsiasi altra emergenza pubblica può essere addotta a giustificazione della tortura, (16.4) assicureranno che l’educazione e l’informazione riguardanti il divieto della tortura saranno incluse integralmente nella formazione del personale responsabile dell’applicazione delle leggi, del personale civile o militare, sanitario, dei funzionari pubblici e di altre persone incaricate della custodia, degli interrogatori o del trattamento di qualsiasi individuo soggetto a qualsiasi forma di arresto, detenzione o incarcerazione, (16.5) sottoporranno ad una revisione sistematica le norme, le istruzioni, i metodi e le prassi per l’interrogatorio, nonché le relative disposizioni alla custodia e al trattamento delle persone sog- gette a qualsiasi forma di arresto, detenzione o incarcerazione in qualsiasi territorio sotto la pro- pria giurisdizione, al fine di prevenire qualsiasi caso di tortura, (16.6) considereranno con priorità al fine di attuare gli interventi appropriati, conformemente alle misure e procedure convenute per l’effettiva attuazione degli impegni relativi alla dimensione umana della CSCE, qualsiasi caso di tortura e di altri trattamenti o pene inumani o degradanti di cui siano venuti a conoscenza tramite canali ufficiali o che provengano da qualsiasi altra fonte di informazione attendibile, (16.7) opereranno in base al principio che la salvaguardia e la garanzia della vita e della sicurezza di qualsiasi individuo soggetto a qualsiasi forma di tortura e di altri trattamenti o pene inumani o degradanti saranno l’unico criterio per determinare l’urgenza e le priorità nell’adozione di rimedi appropriati; conseguentemente, l’esame di qualsiasi caso di tortura e di altri trattamenti o pene inumani o degradanti nell’ambito di qualsiasi altro organo o meccanismo internazionale non può essere invocato quale motivo per astenersi dall’esaminare o dall’agire in modo appropriato con- formemente alle misure e procedure concordate per l’efficace attuazione degli impegni relativi alla dimensione umana della CSCE,

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che, senza discriminazioni, (…) nessuno sarà: (…)

sottoposto a tortura o ad altri trattamenti o pene crudeli, inumani o degradanti; (…)

Mosca 1991

(23.1) Gli Stati partecipanti assicureranno che (…)

(vii) siano adottate misure efficaci, se ciò non sia già stato fatto, per assicurare che gli organi responsabili dell’applicazione della legge non approfittino della situazione di una persona detenuta

124 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

o incarcerata al fine di obbligarla a confessare, o ad autoincriminarsi in altro modo, o a costrin- gerla a testimoniare contro qualsiasi altra persona; (viii) la durata di qualsiasi interrogatorio e gli intervalli fra di essi siano registrati e certificati, conformemente alla legislazione nazionale; (ix) una persona detenuta o il suo consulente legale abbiano il diritto di presentare una richiesta o un ricorso per quanto riguarda il suo trattamento, in particolare quando siano state applicate torture o altri trattamenti crudeli, inumani o degradanti, alle autorità responsabili dell’ammi- nistrazione del luogo di detenzione e alle autorità superiori, e, quando necessario, alle autorità competenti investite del potere di revisione o evasione dei ricorsi; (x) tale richiesta o ricorso siano prontamente evasi e sia data loro risposta senza indebiti ritardi; se la richiesta o il ricorso sono rigettati o in caso di eccessivo ritardo, il ricorrente avrà il diritto di sottoporre il caso ad un’autorità giudiziaria o ad un’altra autorità; il fatto di aver presentato una richiesta o un ricorso non pregiudicherà né la persona detenuta o incarcerata né il ricor- rente;

Budapest 1994 (Decisioni: VIII Dimensione Umana)

20. Gli Stati partecipanti condannano fermamente tutte le forme di tortura come una delle più gravi violazioni dei diritti dell’uomo e della dignità umana. Essi si impegnano ad adoperarsi per la sua eliminazione.

Riconoscono l’importanza, a tale riguardo, delle norme internazionali contenute nei trattati inter- nazionali sui diritti dell’uomo, in particolare la Convenzione delle Nazioni Unite contro la Tortura e altri Trattamenti o Pene Crudeli, Disumani o Degradanti e la Convenzione Europea per la Pre- venzione della Tortura e dei Trattamenti o delle Pene Disumani o Degradanti. Essi riconoscono inoltre l’importanza della legislazione nazionale mirante a sradicare la tortura. Essi si impegnano a indagare su tutti i presunti casi di tortura e a perseguire i trasgressori. Si impegnano inoltre 3 a inserire nei loro programmi di educazione e formazione per le forze preposte all’applicazione della legge e le forze di polizia norme specifiche miranti a sradicare la tortura. Essi ritengono che lo scambio di informazioni su tale problema sia una condizione essenziale. Gli Stati partecipanti dovrebbero avere la possibilità di ottenere tali informazioni. La CSCE, in tale contesto, dovrebbe avvalersi inoltre dell’esperienza del Relatore speciale sulla tortura e altri trattamenti o pene cru- deli, disumani o degradanti istituito dalla Commissione delle Nazioni Unite sui diritti dell’uomo e utilizzare le informazioni fornite dalle ONG.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

21. Ci impegniamo a eliminare la tortura e i trattamenti o le pene crudeli, inumani o degradanti in tutta la regione OSCE. A tal fine, promuoveremo leggi che prevedano salvaguardie e rimedi pro- cedurali e sostanziali per combattere tali pratiche. Assisteremo le vittime e coopereremo in modo appropriato con le competenti organizzazioni internazionali e non governative.

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri, (…)

sottolineando la necessità di pronunciarsi pubblicamente contro la tortura e ricordando che ogni forma di tortura e di altri trattamenti o pene crudeli, disumani o degradanti sono e continueranno

125 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

ad essere proibiti sempre ed ovunque e pertanto non potranno mai essere giustificati, nonché richiamando l’attenzione sulla necessità di rafforzare la salvaguardia procedurale al fine di pre- venire la tortura e di portare in giudizio i responsabili, prevenendo in tal modo l’impunità per gli atti di tortura e esortando gli Stati partecipanti a considerare di sottoscrivere e ratificare tempe- stivamente il Protocollo opzionale della Convenzione contro la tortura, (…)

Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo) (…)

Atene 2009 (Dichiarazione ministeriale in occasione del 25° anniversario dell’adozione della Convenzione contro la tortura e altre pene o trattamenti crudeli, disumani o degradanti)

1. Noi, membri del Consiglio dei ministri dell’OSCE, riaffermiamo il nostro forte impegno nei confronti della Convenzione contro la tortura e altre pene o trattamenti crudeli, disumani o degra- danti, adottata dall’Assemblea generale delle Nazioni Unite il 10 dicembre 1984, cui tutti gli Stati partecipanti all’OSCE sono diventati parte.

2. In occasione del 25° anniversario dell’adozione di tale Convenzione, ribadiamo che, come pari- menti enunciato nella Dichiarazione universale dei diritti dell’uomo, nessuno può essere sottopo- sto a tortura o a trattamento o pena crudele, disumana o degradante.

3. Riconosciamo che la tortura è un crimine gravissimo e affermiamo che la libertà dalla tortura e da altre forme di trattamento o pena crudele, disumana o degradante non è un diritto inderoga- bile che tutela la dignità e l’integrità inerenti alla persona umana.

4. Condanniamo con forza tutte le forme di tortura e altri trattamenti o pene crudeli, disumane o degradanti, che sono e resteranno proibiti in ogni momento e in ogni luogo e che non possono essere mai giustificati.

5. Esprimiamo preoccupazione per il fatto che la tortura e altre pene o trattamenti crudeli, disumani o degradanti hanno ancora luogo in molte parti del mondo, inclusi gli Stati partecipanti all’OSCE.

6. Ci impegniamo pertanto a sostenere l’assoluto divieto della tortura e di altre pene o trattamenti crudeli, disumani o degradanti come enunciato nella Convenzione, ad attuare appieno e in buona fede le sue disposizioni e a operare in piena conformità con tutti i suoi principi.

7. Invitiamo gli Stati partecipanti, che non l’abbiamo ancora fatto, a considerare quanto prima di aderire al Protocollo opzionale alla Convenzione.

8. Riaffermiamo la nostra determinazione ad attuare pienamente i nostri impegni comuni dell’O- SCE per sradicare la tortura e altre pene o trattamenti crudeli, disumani o degradanti.

126 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

9. Intensificheremo i nostri sforzi volti a adottare misure durature, risolute ed efficaci per preve- nire e combattere la tortura e altre pene o trattamenti crudeli, disumani o degradanti e per assi- curare la piena riabilitazione delle vittime della tortura.

10. Riconosciamo il prezioso contributo dell’OSCE nella promozione dei principi e delle disposi- zioni sanciti dalla Convezione.

11. Riteniamo importante cooperare pienamente a tal fine con i competenti organi internazionali intergovernativi.

12. Elogiamo i continui sforzi compiuti dalla società civile per prevenire la tortura e altre pene o trattamenti crudeli, disumani o degradanti e per alleviare le sofferenze delle vittime.

Tirana 2020, (Decisione N.7/20 sulla prevenzione ed eliminazione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti)

Il Consiglio dei ministri,

condannando fermamente ogni forma di tortura e altra pena o trattamento crudele, inumano o degradante che costituisce una delle più flagranti violazioni dei diritti umani e della dignità umana, e riaffermando che la tortura e altre pene o trattamenti crudeli, inumani o degradanti sono e dovrebbero essere proibiti in qualsiasi momento e in qualsiasi luogo, (…)

profondamente preoccupati dal persistere di casi di tortura e di altre pene o trattamenti crudeli, inumani o degradanti in molte parti del mondo, anche nell’area dell’OSCE, che dilagano quale conseguenza, tra l’altro, dell’attuazione lacunosa dei pertinenti obblighi imposti dal diritto interna- zionale e dagli impegni OSCE e della perdurante impunità degli autori del reato spesso dovuta alla 3 mancanza di indagini tempestive, indipendenti ed efficaci nonché del perseguimento di tali crimini,

profondamente preoccupati per gli atti di tortura e altre pene o trattamenti crudeli, inumani o degradanti inflitti alle persone nell’esercizio dei propri diritti umani e libertà fondamentali,

profondamente preoccupati che la tortura e altre pene o trattamenti crudeli, inumani o degradanti siano utilizzati al fine di estorcere informazioni o una confessione, (…)

profondamente preoccupati che nell’area dell’OSCE si verifichino ancora casi di sparizioni forzate che costituiscono una grave violazione dei diritti umani (…),

riconoscendo che nelle situazioni di conflitto, tra cui i conflitti armati, nonché i disordini civili e le manifestazioni di massa, particolare attenzione dovrebbe essere data alla prevenzione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti,

riaffermando che tutti gli Stati partecipanti devono adempiere pienamente tutti gli obblighi sotto- scritti ai sensi del diritto internazionale umanitario e del diritto internazionale dei diritti umani, (…)

127 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

rammentando agli Stati partecipanti che la detenzione prolungata in isolamento o la detenzione in luoghi segreti possono facilitare la tortura e altre pene o trattamenti crudeli, inumani o degra- danti e ne sono già di per sé una manifestazione,

riconoscendo che la corruzione dilagante, anche tra i rappresentanti delle forze dell’ordine e dell’am- ministrazione giudiziaria, può incidere negativamente sulla lotta contro la tortura e altre pene o trat- tamenti crudeli, inumani o degradanti, pregiudicando, tra l’altro, le tutele fondamentali e impedendo alle vittime di adire efficacemente le vie legali e ottenere riparazione e risarcimento in giudizio,

sottolineando l’importanza di mantenere efficaci garanzie giuridiche e procedurali a tutela delle persone in stato di detenzione, sin dalle prime fasi della custodia cautelare, quale efficace deter- rente per prevenire la tortura e altre pene o trattamenti crudeli, inumani o degradanti,

riconoscendo che le donne e le ragazze private della libertà sono maggiormente esposte al rischio di tortura o di altre pene o trattamenti crudeli, inumani o degradanti, e riconoscendo l’importanza di adottare un approccio sensibile alle specificità di genere nella lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti che tenga conto di tale rischio e delle esigenze proprie delle donne e delle ragazze, prestando particolare attenzione tra l’altro alla violenza sessuale e di genere e tenendo conto delle Regole delle Nazioni Unite relative al trattamento delle donne dete- nute e delle donne autrici di reato in misura non detentiva (Regole di Bangkok),

riconoscendo l’importanza di adottare un approccio incentrato sulla vittima nella lotta contro la tor- tura e altre pene o trattamenti crudeli, inumani o degradanti che tenga in debita considerazione le opinioni e le esigenze specifiche delle vittime e dei loro familiari nella definizione di politiche e altre attività relative alla riabilitazione, alla prevenzione e all’accertamento delle responsabilità a seguito di tortura e altre pene o trattamenti crudeli, inumani o degradanti,

riconoscendo che per contrastare efficacemente la tortura e altre pene o trattamenti crudeli, inu- mani o degradanti è necessario un approccio integrato e incentrato sulla vittima che comprenda la prevenzione, l’accesso alla giustizia, l’accertamento delle responsabilità degli autori del reato, la riparazione e il diritto legalmente esercitabile a un risarcimento equo ed adeguato che com- prenda i mezzi necessari ad una riabilitazione quanto più completa possibile,

riconoscendo che gli Stati partecipanti devono salvaguardare i diritti e tutelare i diritti umani delle persone private della loro libertà, tra cui anche i condannati alla pena capitale, conformemente ai loro obblighi internazionali,

riaffermando che tutte le persone private della loro libertà saranno trattate con umanità e con rispetto per la dignità intrinseca dell’essere umano e riconoscendo l’importanza per gli Stati par- tecipanti di adottare sistematicamente misure adeguate al fine di migliorare le condizioni di deten- zione e assicurare in tal modo un maggior rispetto dei loro diritti umani e della loro dignità, tenendo conto anche delle Regole minime delle Nazioni Unite per il trattamento dei detenuti (le Regole “Nelson Mandela”) o norme analoghe,

rimarcando le disposizioni dell’UNCAT secondo le quali qualsiasi atto di tortura, tentativo di pra- ticare la tortura e qualunque complicità o partecipazione all’atto della tortura costituisce un reato in virtù del diritto penale nazionale vigente, passibile di pene adeguate che ne prendano in consi- derazione la gravità, e secondo le quali nessuna dichiarazione o confessione che si ritenga sia stata estorta con la tortura può essere invocata in alcun caso come elemento di prova in un procedi- mento, se non contro la persona accusata di tortura al fine di stabilire che il reato è stato commesso,

128 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

riconoscendo il ruolo incisivo che i meccanismi di prevenzione internazionali, regionali e nazio- nali o altri organismi pertinenti, comprese le istituzioni nazionali per i diritti umani, possono svolgere nella prevenzione degli atti di tortura e altre pene o trattamenti crudeli, inumani o degra- danti nonché l’importanza di collaborare con gli esperti internazionali incaricati di assistere gli Stati partecipanti nell’attuazione dei loro impegni volti a prevenire la tortura e altre pene o trat- tamenti crudeli, inumani o degradanti,

rilevando la necessità di garantire che nessuna autorità o pubblico ufficiale ordini, applichi, per- metta o tolleri sanzioni, ritorsioni o intimidazioni contro persone, gruppi o associazioni che si sono messe o hanno cercato di mettersi in contatto con organismi o meccanismi nazionali o inter- nazionali competenti attivi nella prevenzione e nella lotta contro la tortura e altre pene o tratta- menti crudeli, inumani o degradanti,

sottolineando che gli ordinamenti giuridici nazionali devono assicurare alle vittime di tortura e di altre pene o trattamenti crudeli, inumani o degradanti un effettivo accesso alla giustizia, compreso l’avvio tempestivo di indagini imparziali e rigorose senza timore di subire ritorsioni per la denuncia sporta o qualsiasi deposizione rilasciata e devono garantire alle vittime il diritto legalmente eser- citabile a una riparazione e ad un risarcimento equo ed adeguato che comprenda i mezzi neces- sari per una riabilitazione quanto più completa possibile,

plaudendo al perdurante impegno della società civile a livello nazionale ed internazionale per pre- venire e contrastare efficacemente la tortura e le altre pene o trattamenti crudeli, inumani o degra- danti, e alleviare le sofferenze delle vittime,

rilevando l’importanza della cooperazione tra l’OSCE e altre organizzazioni e meccanismi inter- nazionali e regionali al fine di promuovere programmi di collaborazione multilaterali e sinergie efficaci, evitando inutili sovrapposizioni, che possano contribuire in maniera incisiva a prevenire e contrastare la tortura e altre pene o trattamenti crudeli, inumani o degradanti, 3 (…)

invita gli Stati partecipanti a:

1. rispettare il divieto assoluto di ogni forma di tortura e altre pene o trattamenti crudeli, inumani o degradanti sancito dall’UNCAT, attuare pienamente e in buona fede le sue disposizioni e agire conformemente ai suoi principi;

2. adempiere pienamente gli obblighi sanciti nel Protocollo opzionale alla Convenzione delle Nazioni Unite contro la tortura (OPCAT), ove appropriato, e a prendere in considerazione senza indugio l’adesione all’OPCAT, se non vi avessero ancora provveduto;

3. adempiere pienamente i loro obblighi ai sensi della Convenzione internazionale per la prote- zione di tutte le persone dalle sparizioni forzate (ICPPED), ove appropriato;

4. adempiere pienamente i loro obblighi sottoscritti ai sensi delle Convenzioni di Ginevra del 1949 in materia di proibizione della tortura e di trattamenti crudeli, inumani, umilianti e degradanti nel contesto di un conflitto armato;

5. rinunciare o astenersi dal ricorso a tecniche di interrogatorio assimilabili alla tortura e ad altre pene o trattamenti crudeli, inumani o degradanti, ivi compreso allo scopo di estorcere dichiara- zioni o una confessione;

129 3.1.3 Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti

6. mettere in atto efficaci garanzie giudiziarie e procedurali in tutte le fasi della detenzione, a par- tire dalla custodia cautelare;

7. rispettare le salvaguardie relative alla libertà, alla sicurezza e alla dignità della persona e assicu- rare che siano abolite la detenzione prolungata in isolamento e la detenzione e gli interrogatori in luoghi segreti nella consapevolezza che tale detenzione può facilitare la tortura e altre pene o trat- tamenti crudeli, inumani o degradanti e che ne è già di per sé una manifestazione;

8. provvedere affinché qualsiasi atto di tortura, tentativo di praticare la tortura e qualunque compli- cità o partecipazione all’atto della tortura costituisca un reato ai sensi del diritto penale nazionale vigente integrando la definizione di tortura di cui all’articolo 1 dell’UNCAT e comminare pene adeguate che ne prendano in considerazione la gravità, e proibire che dichiarazioni o confessioni estorte con la tortura e altra pena o trattamento crudele, inumano o degradante possano essere addotte come elemento di prova in un procedimento, se non contro la persona accusata di tortura al fine di stabilire che il reato è stato commesso;

9. garantire che qualsiasi persona detenuta o imprigionata o i suoi legali abbiano il diritto di pre- sentare una richiesta o sporgere una denuncia presso le autorità competenti in merito al tratta- mento della persona detenuta o imprigionata, in particolare qualora si presuma che sia stata inflitta tortura o altra pena o trattamento crudele, inumano o degradante; tale richiesta o denuncia verrà prontamente esaminata ed evasa senza indebiti ritardi e né la persona detenuta o imprigionata né il denunciante o i testimoni subiranno maltrattamenti o ritorsioni a seguito della richiesta presen- tata, della denuncia sporta e delle prove fornite;

10. integrare l’insegnamento e l’informazione sul divieto della tortura e di altre pene o trattamenti crudeli, inumani o degradanti nel percorso di formazione del personale preposto all’applicazione della legge, di quello civile, militare e medico, dei funzionari pubblici e altre persone che possono intervenire nella custodia, nell’interrogatorio o nel trattamento di qualsiasi persona arrestata, detenuta o imprigionata, compreso, ove appropriato, l’insegnamento sull’uso proporzionato della forza, sulle più moderne tecniche scientifiche di analisi investigativa dei reati e sulla importanza fondamentale di riferire alle autorità superiori qualsiasi caso di tortura e altra pena o trattamento crudele, inumano o degradante;

11. sostenere le iniziative messe in atto dai pertinenti attori nazionali, quali i meccanismi di pre- venzione nazionali, le istituzioni nazionali per i diritti umani o altri organismi o meccanismi attivi nella prevenzione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti e, per gli Stati firmatari dell’OPCAT, adempiere l’obbligo di designare o istituire meccanismi di preven- zione nazionali che siano indipendenti, efficaci e dispongano di risorse adeguate;

12. assicurare la piena e sistematica cooperazione tra governi, in linea con i rispettivi obblighi sot- toscritti ai sensi del diritto internazionale, con gli organismi o meccanismi internazionali di pre- venzione vigenti, quali il Comitato delle Nazioni Unite contro la tortura, il Sottocomitato per la prevenzione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti e il Comi- tato europeo per la prevenzione della tortura e altre pene o trattamenti inumani o degradanti, non- ché con pertinenti organismi nazionali, quali le istituzioni nazionali per i diritti umani, incluso l’accesso incondizionato ai luoghi di detenzione se tale accesso è contemplato come vincolante per gli Stati partecipanti ai sensi del diritto internazionale;

13. cooperare pienamente con il Comitato internazionale della Croce Rossa (CICR) in conformità con gli obblighi degli Stati partecipanti ai sensi del diritto internazionale umanitario;

130 3.1.4 Libertà da arresto o detenzione arbitrari

14. assicurare che tutti i presunti casi di tortura o altre pene o trattamenti crudeli, inumani o degra- danti e qualora vi siano ragionevoli motivi di credere che un atto di tortura sia stato commesso siano esaminati prontamente, in maniera rigorosa, approfondita e imparziale da autorità nazionali competenti e indipendenti e garantire la protezione del denunciante o dei testimoni da qualsiasi maltrattamento e intimidazione a seguito della denuncia sporta o delle prove fornite;

15. garantire che quanti incoraggiano, istigano, ordinano, tollerano, consentono, autorizzano o com- mettono atti di tortura o altra pena o trattamento crudele, inumano o degradante siano ritenuti responsabili delle proprie azioni e siano assicurati alla giustizia e puniti in maniera commensurata alla gravità del reato commesso, compresi i funzionari responsabili di qualsiasi luogo di detenzione o di privazione della libertà personale in cui sia stato perpetrato il reato;

16. fornire compensazioni alle vittime della tortura o altra pena o trattamento crudele, inumano o degradante, che comprendano il diritto a una riparazione adeguata, efficace e tempestiva, tra cui un risarcimento equo e adeguato, riabilitazione, indennizzo e garanzie contro la reiterazione del reato, tenendo pienamente conto delle esigenze specifiche delle vittime;

17. assicurare l’erogazione immediata di adeguati servizi di riabilitazione senza discriminazione alcuna per tutte le vittime e porre in essere provvedimenti efficaci per garantire un accesso in sicu- rezza e in un contesto favorevole ai servizi di riabilitazione per le vittime di tortura;

18. esaminare la possibilità di varare provvedimenti a sostegno delle persone vittime della tor- tura o di altra pena o trattamento crudele, inumano o degradante, compresi i figli delle vittime e altri familiari stretti;

19. promuovere tra le vittime la divulgazione di informazioni sulla disponibilità di servizi di ria- bilitazione e sincerarsi le procedure di erogazione di tali servizi siano trasparenti;

20. sostenere le iniziative promosse dalle organizzazioni della società civile a favore della preven- 3 zione e della lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti, incen- tivarne la partecipazione attiva, ove appropriato, e avvalersi di informazioni in loro possesso in merito a presunti casi di tortura o altre pene o trattamenti crudeli, inumani o degradanti;

21. varare provvedimenti efficaci a livello legislativo, amministrativo, giudiziario e altro al fine di prevenire e vietare la produzione, il commercio, l’esportazione, l’importazione e l’uso di stru- menti che in pratica possono essere usati solo per la tortura o altra pena o trattamento crudele, inumano o degradante;

22. continuare ad avvalersi o ad attingere alla consulenza, esperienza e assistenza dell’ODHIR in materia di prevenzione e di lotta contro la tortura e altre pene o trattamenti crudeli, inumani o degradanti.

3.1.4 Libertà da arresto o detenzione arbitrari

Si veda anche: II. 2.4.1: Stato di diritto > Disposizioni generali II. 2.4.3 B: Trattamento delle persone private della libertà II. 3.1.3: Divieto di tortura e altri trattamenti o punizioni crudeli, inumani o degradanti II. 3.1.5: Diritto a un processo equo II. 3.1.6: Diritto a rimedi efficaci

131 3.1.4 Libertà da arresto o detenzione arbitrari

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(23) Gli Stati partecipanti (23.1) — assicureranno che nessuna persona sia arbitrariamente arrestata, detenuta o esiliata; (…)

Copenhagen 1990

(5.15) — chiunque sia arrestato o detenuto a seguito di un’accusa penale avrà il diritto di adire senza indugi un giudice o altro pubblico ufficiale autorizzato dalla legge ad esercitare questa fun- zione, affinché possa essere stabilita la legittimità del suo arresto o detenzione, (…)

Mosca 1991

(23.1) Gli Stati partecipanti assicureranno che (i) nessuno sia privato della libertà eccetto che per i motivi e conformemente alle procedure pre- viste dalla legge; (ii) chiunque sia arrestato, venga informato prontamente in una lingua da lui conosciuta delle ragioni del suo arresto, e venga informato di qualsiasi imputazione ascrittagli; (iii) qualsiasi persona che sia stata privata della libertà venga prontamente informata dei suoi diritti in base alla legislazione nazionale; (iv) qualsiasi persona arrestata o detenuta abbia il diritto di comparire prontamente dinnanzi a un giudice o altro funzionario autorizzato dalla legge a determinare la legittimità dell’arresto o della detenzione, e sia rilasciata senza indugio in caso di illegittimità; (…) (vi) qualsiasi persona arrestata o detenuta, abbia il diritto, senza indebito ritardo, di notificare o di richiedere all’autorità competente di notificare a persone appropriate di sua scelta l’arresto, la detenzione, l’incarcerazione e il luogo ove si trova; qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali; (vii) siano adottate misure efficaci, se ciò non sia già stato fatto, per assicurare che gli organi responsabili dell’applicazione della legge non approfittino della situazione di una persona dete- nuta o incarcerata al fine di obbligarla a confessare, o ad autoincriminarsi in altro modo, o a costringerla a testimoniare contro qualsiasi altra persona; (viii) la durata di qualsiasi interrogatorio e gli intervalli fra di essi siano registrati e certificati, conformemente alla legislazione nazionale; (ix) una persona detenuta o il suo consulente legale abbiano il diritto di presentare una richiesta o un ricorso per quanto riguarda il suo trattamento, in particolare quando siano state applicate torture o altri trattamenti crudeli, inumani o degradanti, alle autorità responsabili dell’ammi- nistrazione del luogo di detenzione e alle autorità superiori, e, quando necessario, alle autorità competenti investite del potere di revisione o evasione dei ricorsi; (x) tale richiesta o ricorso siano prontamente evasi e sia data loro risposta senza indebiti ritardi; se la richiesta o il ricorso sono rigettati o in caso di eccessivo ritardo, il ricorrente avrà il diritto di sottoporre il caso ad un’autorità giudiziaria o ad un’altra autorità; il fatto di aver presentato una richiesta o un ricorso non pregiudicherà né la persona detenuta o incarcerata né il ricor- rente;

132 3.1.5 Diritto a un processo equo

(xi) chiunque sia stato vittima di un arresto o di una detenzione illegittimi abbia il diritto di adire le vie legali per un risarcimento.

3.1.5 Diritto a un processo equo

Si veda anche: II. 2.4: Stato di diritto II. 3.1.4: Libertà da arresto o detenzione arbitrari II. 3.1.6: Diritto a rimedi efficaci

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] (…)

(13.9) assicureranno che coloro i quali asseriscono che, nei loro confronti, siano stati violati i diritti dell’uomo e le libertà fondamentali, dispongano di mezzi di ricorso efficaci nonché di complete informazioni in merito; fra l’altro, accorderanno ad essi la possibilità effettiva di avvalersi: • del diritto di ogni persona di presentare istanze agli organi esecutivi, legislativi, giudiziari od amministrativi; • del diritto ad un processo giusto e pubblico entro termini ragionevoli, di fronte ad un tribu- nale indipendente e imparziale, compreso il diritto di presentare argomentazioni giuridiche e di essere rappresentati da un avvocato di propria scelta; • del diritto di essere informati prontamente ed ufficialmente sulla decisione adottata in merito a ciascun ricorso, compresi i motivi giuridici sui quali è fondata la decisione. Queste informa- zioni verranno fornite di norma per iscritto e, in ogni caso, in modo tale da consentire all’inte- ressato di avvalersi effettivamente degli altri ricorsi disponibili. 3 Copenhagen 1990

(5.12) l’indipendenza dei giudici e l’imparzialità nel funzionamento dei servizi giudiziari pubblici saranno assicurate; (5.13) l’indipendenza della professione forense, in particolare per quanto riguarda le condizioni di ammissione e di esercizio dell’attività sarà riconosciuta e tutelata, (5.14) le norme di procedura penale definiranno in modo chiaro i poteri in relazione al procedi- mento e alle misure che lo precedono e che lo accompagnano, (5.15) chiunque sia arrestato o detenuto a seguito di un’accusa penale avrà il diritto di adire senza indugi un giudice o altro pubblico ufficiale autorizzato dalla legge ad esercitare questa funzione, affinché possa essere stabilita la legittimità del suo arresto o detenzione, (5.16) l’accusato, nei giudizi penali, o chi, in un procedimento giudiziario, debba veder accertati i suoi diritti ed obblighi avrà diritto ad un’udienza pubblica e imparziale dinnanzi ad un tribunale competente, indipendente ed imparziale, previsto dalla legge,

133 3.1.5 Diritto a un processo equo

(5.17) l’imputato avrà il diritto di difendersi di persona o di scegliere senza indugi il proprio difen- sore legale o, se non ha mezzi sufficienti per pagare per l’assistenza legale, di ottenerla gratuita- mente quando l’interesse della giustizia lo richieda, (5.18) nessuno sarà accusato, processato o condannato per un reato penale non previsto da una legge che ne definisca gli elementi con chiarezza e precisione, (5.19) ciascuno sarà presunto innocente fino a quando non venga provata la sua colpevolezza con- formemente alla legge, (…)

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri, (…)

riconoscendo che una magistratura imparziale e indipendente svolge un ruolo vitale nel garantire giusti processi e nel tutelare i diritti umani prima, durante e dopo i processi,

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

134 3.1.6 Diritto a rimedi efficaci

3.1.6 Diritto a rimedi efficaci

Si veda anche: II. 2.4: Stato di diritto II. 3.1.4: Libertà da arresto o detenzione arbitrari II. 3.1.5: Diritto a un processo equo

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(13) (…) [gli Stati partecipanti] (…)

(13.9) — assicureranno che coloro i quali asseriscono che, nei loro confronti, siano stati violati i diritti dell’uomo e le libertà fondamentali, dispongano di mezzi di ricorso efficaci nonché di com- plete informazioni in merito; fra l’altro, accorderanno ad essi la possibilità effettiva di avvalersi: • del diritto di ogni persona di presentare istanze agli organi esecutivi, legislativi, giudiziari od amministrativi; • del diritto ad un processo giusto e pubblico entro termini ragionevoli, di fronte ad un tribu- nale indipendente e imparziale, compreso il diritto di presentare argomentazioni giuridiche e di essere rappresentati da un avvocato di propria scelta; • del diritto di essere informati prontamente ed ufficialmente sulla decisione adottata in merito a ciascun ricorso, compresi i motivi giuridici sui quali è fondata la decisione. Queste informa- zioni verranno fornite di norma per iscritto e, in ogni caso, in modo tale da consentire all’inte- ressato di avvalersi effettivamente degli altri ricorsi disponibili.

Copenhagen 1990 3 (5) [Gli Stati partecipanti] dichiarano solennemente che fra gli elementi di giustizia, essenziali per la piena affermazione della dignità inerente alla persona umana e dei diritti uguali e inalienabili di tutti gli uomini, sono compresi i seguenti:

(5.10) ciascuno disporrà di mezzi efficaci di ricorso contro le decisioni amministrative, affinché siano garantiti il rispetto dei diritti fondamentali e l’applicazione integrale della legge, (5.11) le decisioni amministrative contro una persona devono essere pienamente giustificabili e devono di regola indicare gli usuali ricorsi disponibili, (…)

(5.21) al fine di integrare i ricorsi nazionali e di meglio garantire che gli Stati partecipanti rispet- tino gli obblighi internazionali sottoscritti, essi prenderanno in considerazione l’opportunità di aderire ad una convenzione internazionale, regionale o universale concernente la tutela dei diritti dell’uomo, quali la Convenzione Europea sui Diritti dell’Uomo o il Protocollo Opzionale al Patto Internazionale sui Diritti Civili e Politici, che prevedono procedure di ricorso individuale ad organismi internazionali. (…)

(11) Gli Stati partecipanti affermano inoltre che, laddove vengano invocate violazioni dei diritti dell’uomo e delle libertà fondamentali, i ricorsi efficaci disponibili comprendono (11.1) il diritto dell’individuo di chiedere e ricevere un’assistenza legale adeguata,

135 3.1.6 Diritto a rimedi efficaci

(11.2) il diritto dell’individuo di chiedere e ricevere l’assistenza di altri per difendere i diritti dell’uomo e le libertà fondamentali e di assistere altri nella difesa dei diritti dell’uomo e delle libertà fondamentali, (11.3) il diritto degli individui o di gruppi che agiscono a loro nome di comunicare con gli orga- nismi internazionali competenti a ricevere ed esaminare le informazioni concernenti i presunti abusi nell’ambito dei diritti dell’uomo. (…)

(40) Gli Stati partecipanti (…)

(40.5) riconosceranno il diritto degli individui a ricorsi efficaci e si adopereranno per ricono- scere, conformemente alla legislazione nazionale, il diritto delle persone e dei gruppi interessati ad avviare e sostenere ricorsi contro atti di discriminazione, ivi compresi atti razzisti e xenofobi,

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Garantiremo che ognuno possa disporre di efficaci strumenti di ricorso in sede nazionale o inter- nazionale, contro qualsiasi violazione dei suoi diritti.

Mosca 1991

(18.2) — Ciascuno disporrà di mezzi efficaci di ricorso contro le decisioni amministrative, in modo da garantire il rispetto dei diritti fondamentali e l’applicazione integrale della legge. (18.3) — Allo stesso fine vi saranno mezzi efficaci di ricorso contro i regolamenti amministrativi per le persone che siano destinatarie. (18.4) — Gli Stati partecipanti si adopereranno per prevedere la revisione giudiziaria di tali rego- lamenti e decisioni.

Lubiana 2005 (Decisione N.12/05 sulla tutela dei diritti umani e dello stato di diritto nei sistemi di giustizia penale)

Il Consiglio dei ministri, (…)

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

136 3.1.7 Obiezione di coscienza e servizio alternativo

(…) • la messa a disposizione di strumenti giuridici efficaci, ove appropriato, e l’accesso ad essi; (…)

3.1.7 Obiezione di coscienza e servizio alternativo

Copenhagen 1990

(18) Gli Stati partecipanti (18.1) rilevano che la Commissione delle Nazioni Unite sui Diritti dell’Uomo ha riconosciuto il diritto di ciascuno di manifestare obiezioni di coscienza al servizio militare, (18.2) rilevano le recenti misure adottate da diversi Stati partecipanti per consentire l’esenzione dal servizio militare obbligatorio in base ad obiezioni di coscienza, (18.3) rilevano le attività svolte da diverse organizzazioni non governative sulla questione delle obiezioni di coscienza al servizio militare obbligatorio, (18.4) concordano di prendere in considerazione l’introduzione, ove ciò non sia ancora avvenuto, di varie forme di servizio sostitutivo, compatibili con i motivi dell’obiezione di coscienza e che in linea di massima non comportino attività di natura bellica ovvero siano di natura civile, di inte- resse pubblico e prive di carattere punitivo, (18.5) metteranno a disposizione del pubblico informazioni su tale questione, (18.6) terranno in considerazione, nell’ambito della Conferenza sulla Dimensione Umana, le perti- nenti questioni relative all’esenzione delle persone dal servizio militare obbligatorio, ove esista, in base ad obiezioni di coscienza al servizio militare, e scambieranno informazioni su tali questioni.

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza) 3 28. Gli Stati partecipanti faranno in modo che i diritti e i doveri del personale delle forze armate figurino nella loro legislazione o in altri documenti pertinenti. Essi prenderanno in esame l’intro- duzione di esenzioni da o alternative al servizio militare.

3.1.8 Libertà di pensiero, coscienza, religione o credo

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VII)

Gli Stati partecipanti rispettano i diritti dell’uomo e le libertà fondamentali inclusa la libertà di pen- siero, coscienza, religione o credo, per tutti senza distinzione di razza, sesso, lingua o religione. (…)

In questo contesto gli Stati partecipanti riconoscono e rispettano la libertà dell’individuo di pro- fessare e praticare, solo o in comune con altri, una religione o un credo agendo secondo i dettami della propria coscienza.

137 3.1.8 Libertà di pensiero, coscienza, religione o credo

Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori)

Gli Stati partecipanti (…) confermano che i culti religiosi e le istituzioni ed organizzazioni reli- giose, operanti nel quadro costituzionale degli Stati partecipanti, ed i loro rappresentanti possono, nell’ambito della loro attività, avere fra loro contatti e incontri, nonché scambiare informazioni.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Gli Stati partecipanti (…) inoltre concordano di intraprendere le azioni necessarie a garantire la libertà dell’individuo di professare e praticare, solo o in comune con altri, una religione o un credo agendo secondo i dettami della propria conoscenza.

In tale contesto, essi consulteranno, quando necessario, i culti, le istituzioni e le organizzazioni religiose che operano nell’ambito costituzionale dei loro rispettivi paesi.

Essi considereranno favorevolmente le richieste da parte di comunità religiose di credenti, che pra- ticano o sono disposti a praticare il proprio culto nell’ambito costituzionale dei loro Stati, di con- cessione dello status previsto nei loro rispettivi paesi per i culti, le istituzioni e le organizzazioni religiose.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi) (…)

(11) [Gli Stati partecipanti] confermano che rispetteranno i diritti dell’uomo e le libertà fonda- mentali, inclusa la libertà di pensiero, di coscienza, di religione o di convinzione per tutti, senza distinzione di razza, sesso, lingua o religione. Essi confermano inoltre l’importanza universale dei diritti dell’uomo e delle libertà fondamentali, il cui rispetto è un fattore essenziale della pace, della giustizia e della sicurezza necessarie a garantire lo sviluppo di relazioni amichevoli e della coope- razione fra di essi e fra tutti gli Stati. (…)

(16) Al fine di assicurare la libertà dell’individuo di professare e praticare una religione o una con- vinzione, gli Stati partecipanti, fra l’altro, (16.1) adotteranno misure efficaci per impedire ed eliminare ogni discriminazione per motivi di religione o convinzione nei confronti di individui o comunità per quanto riguarda il riconosci- mento, l’esercizio e il godimento dei diritti dell’uomo e delle libertà fondamentali in tutti i settori della vita civile, politica, economica, sociale e culturale e assicureranno l’effettiva uguaglianza fra credenti e non credenti; (16.2) favoriranno un clima di reciproca tolleranza e rispetto fra credenti di comunità diverse non- ché fra credenti e non credenti; (16.3) riconosceranno, su loro richiesta, alle comunità di credenti, che praticano o che sono dispo- nibili a praticare la loro fede nel quadro costituzionale dei propri Stati, lo status per esse previsto nei rispettivi paesi; (16.4) rispetteranno il diritto di tali comunità religiose di • costituire e mantenere luoghi di culto o riunione liberamente accessibili, • organizzarsi secondo la propria struttura gerarchica e istituzionale,

138 3.1.8 Libertà di pensiero, coscienza, religione o credo

• scegliere, nominare e sostituire il proprio personale conformemente alle rispettive esigenze e alle proprie norme nonché a qualsiasi intesa liberamente accettata fra esse e il proprio Stato, • sollecitare e ricevere contributi volontari sia finanziari che d’altro genere; (16.5) si impegneranno in consultazioni con i culti, le istituzioni e le organizzazioni religiose al fine di pervenire ad una migliore comprensione delle esigenze della libertà religiosa; (16.6) rispetteranno il diritto di ciascuno di impartire e ricevere un’istruzione religiosa nella lin- gua di propria scelta, individualmente o in associazione con altri; (16.7) rispetteranno, in tale contesto, fra l’altro, la libertà dei genitori di assicurare l’educazione religiosa e morale dei loro figli conformemente ai propri convincimenti; (16.8) consentiranno la formazione di personale religioso nelle istituzioni appropriate, (16.9) rispetteranno il diritto dei singoli credenti e delle comunità di credenti di acquisire, pos- sedere ed utilizzare libri sacri, pubblicazioni religiose nella lingua di loro scelta ed altri oggetti e materiali relativi alla pratica della religione o della convinzione; (16.10) consentiranno ai culti, alle istituzioni e alle organizzazioni religiose la produzione, l’im- portazione e la diffusione di pubblicazioni e materiali religiosi; (16.11) considereranno favorevolmente l’interesse delle comunità religiose a partecipare al pub- blico dialogo, fra l’altro, tramite i mezzi di comunicazione di massa.

(17) Gli Stati partecipanti riconoscono che l’esercizio dei summenzionati diritti relativi alla libertà di religione o convinzione può essere soggetto soltanto alle limitazioni stabilite per legge e con- formi ai loro obblighi in base al diritto internazionale e ai loro impegni internazionali. Nelle pro- prie leggi e regolamenti e nella loro applicazione essi assicureranno la piena ed effettiva attuazione della libertà di pensiero, coscienza, religione o convinzione. (…) 3 (32) Essi consentiranno ai credenti, ai culti religiosi e ai loro rappresentanti, in gruppi o indivi- dualmente, di stabilire e mantenere contatti personali diretti e comunicazioni gli uni con gli altri nel proprio paese e in altri paesi, fra l’altro con viaggi, pellegrinaggi e con la partecipazione a riu- nioni e ad altri avvenimenti religiosi. In tale contesto, e nella misura adeguata a tali contatti ed avvenimenti, sarà consentito agli interessati di acquistare, ricevere e portare con sé pubblicazioni e oggetti connessi con la pratica della loro religione o convinzione

Copenhagen 1990

Gli Stati partecipanti riaffermano che:

(9.4) ogni persona avrà diritto alla libertà di pensiero, coscienza e religione. Tale diritto comprende la libertà di cambiare religione o convincimento e la libertà di manifestare la propria religione o il proprio convincimento, individualmente o congiuntamente con altri, in pubblico o in privato, mediante il culto, l’insegnamento, la pratica e l’osservanza. L’esercizio di tali diritti può essere soggetto alle sole limitazioni previste dalla legge e che siano conformi alle norme internazionali, (…)

139 3.1.8 Libertà di pensiero, coscienza, religione o credo

(…) (32.3) di professare e praticare la propria religione, ivi compresi l’acquisizione, il possesso e l’uso di materiali religiosi, nonché di svolgere attività educative religiose nella propria lingua, (…)

(33) Gli Stati partecipanti tuteleranno l’identità etnica, culturale, linguistica e religiosa delle mino- ranze nazionali sul loro territorio e creeranno condizioni per la promozione di tale identità. Essi adotteranno le misure necessarie a tale scopo una volta effettuate le debite consultazioni, ivi com- presi i contatti con organizzazioni o associazioni di tali minoranze, conformemente alla proce- dura decisionale di ciascuno Stato.

Tali misure saranno conformi ai principi di eguaglianza e non discriminazione nei confronti degli altri cittadini dello Stato partecipante interessato. (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

27. Riaffermando il loro impegno di garantire la libertà di coscienza e di religione e di promuovere un clima di tolleranza e rispetto reciproci fra i credenti di diverse comunità nonché fra credenti e non credenti, essi hanno espresso la loro preoccupazione per lo sfruttamento della religione ai fini del nazionalismo aggressivo.

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

9. afferma l’importanza della libertà di pensiero, coscienza, religione o credo e condanna ogni forma di discriminazione e violenza, compresa quella nei confronti di gruppi religiosi o di sin- goli credenti. Si impegna a garantire e a facilitare l’esercizio della libertà dei singoli di professare e praticare una religione o un credo, individualmente o assieme ad altri, ove necessario attraverso leggi, regolamenti, prassi e procedure trasparenti e non discriminatorie. Incoraggia gli Stati par- tecipanti a richiedere l’assistenza dell’ODIHR e del suo Gruppo di esperti sulla libertà di religione o di credo. Sottolinea l’importanza di un continuo e più efficace dialogo interreligioso e intercul- turale inteso a promuovere maggiore tolleranza, rispetto e comprensione reciproca;

Astana 2010

7. Permangono gravi sfide e minacce. (…) Si devono compiere maggiori sforzi per promuovere la libertà di religione o di credo e combattere l’intolleranza e la discriminazione. (…)

Kiev 2013 (Decisione N.3/13 sulla libertà di pensiero, coscienza, religione o credo) (…)

riconfermando le passate decisioni CSCE/OSCE sulla libertà di pensiero, coscienza, religione o credo, (…),

impegnato a garantire il rispetto e il godimento della libertà di pensiero, di coscienza, di religione o di credo per tutti,

140 3.1.8 Libertà di pensiero, coscienza, religione o credo

sottolineando che ogni persona ha il diritto alla libertà di pensiero, di coscienza, di religione o di credo, che include la libertà di avere o di adottare una religione o un credo di propria scelta, così come di non avere o non professare una religione, di cambiare la propria religione o credo, nonché la libertà di manifestare la propria religione o il proprio credo, individualmente o in comune con altri e sia in pubblico che in privato, attraverso l’insegnamento, la pratica, il culto e l’osservanza dei riti. La libertà di manifestare la propria religione o le proprie convinzioni può essere soggetta unicamente alle restrizioni previste dalla legge e coerenti con le norme internazionali,

riaffermando gli impegni degli Stati partecipanti a rispettare, tutelare e garantire il diritto di cia- scuno alla libertà di pensiero, di coscienza, di religione o di credo,

sottolineando il legame tra la sicurezza e il pieno rispetto della libertà di pensiero, di coscienza, di religione o di credo,

profondamente preoccupato per i continui atti di intolleranza e di violenza contro i singoli e con- tro le comunità religiose o di credenti, basati sul pensiero, la coscienza, la religione o il credo in tutto il mondo,

sottolineando che la libertà di pensiero, di coscienza, di religione o di credo e tutti gli altri diritti umani e libertà fondamentali sono interdipendenti, interconnessi e si rafforzano reciprocamente,

ponendo l’accento sull’importanza di promuovere un clima di tolleranza e rispetto reciproci fra credenti di diverse comunità e fra credenti e non credenti,

invita gli Stati partecipanti a: • attuare pienamente gli impegni OSCE sulla libertà di pensiero, di coscienza, di religione o di credo; • attuare pienamente gli impegni da loro assunti in modo da garantire il diritto di tutte le persone di professare e praticare la religione o il credo, individualmente o in comune con altri e sia in 3 pubblico che in privato, e di manifestare la propria religione o il proprio credo attraverso l’inse- gnamento, la pratica, il culto e l’osservanza dei riti, anche per mezzo di leggi, normative, prassi e politiche trasparenti e non discriminatorie; • astenersi dall’imporre restrizioni non coerenti con gli impegni OSCE e con gli obblighi interna- zionali in materia di pratica religiosa o di credo nei confronti dei singoli e delle comunità religiose; • promuovere e facilitare il dialogo e partenariati aperti e trasparenti tra fedi e tra religioni; • prefiggersi l’obiettivo di prevenire l’intolleranza, la violenza e la discriminazione basate sulla religione o sul credo, anche nei confronti dei cristiani, degli ebrei, dei musulmani e dei membri di altre religioni, nonché nei confronti dei non credenti, di condannare la violenza e la discri- minazione per motivi religiosi e cercare di prevenire gli attacchi diretti a persone o gruppi per motivi legati al pensiero, alla coscienza, alla religione o al credo, nonché di proteggere tali per- sone o gruppi; • incoraggiare tempestivamente l’inclusione delle comunità religiose e di credenti nei dibattiti pubblici su iniziative legislative pertinenti; • promuovere il dialogo tra le comunità religiose o di credenti e gli organismi governativi, anche, ove necessario, su questioni legate all’utilizzo dei luoghi di culto e delle proprietà religiose; • adottare misure efficaci per prevenire ed eliminare la discriminazione nei confronti dei singoli o delle comunità religiose o di credenti basata sulla religione o sul credo, anche nei confronti dei non credenti, da parte di funzionari pubblici nello svolgimento delle loro funzioni pubbliche;

141 3.1.9 Libertà di associazione e diritto di riunione pacifica

• adottare politiche atte a promuovere il rispetto e la protezione dei luoghi di culto e dei siti reli- giosi, dei monumenti religiosi, dei cimiteri e dei santuari da atti di vandalismo e di distruzione.

3.1.9 Libertà di associazione e diritto di riunione pacifica

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Gli Stati partecipanti garantiranno il diritto dei lavoratori di costituire liberamente sindacati e di aderirvi, il diritto dei sindacati di esercitare liberamente le proprie attività e gli altri diritti enun- ciati nelle pertinenti convezioni internazionali. Essi rivelano che tali diritti saranno esercitati in conformità con le leggi dello Stato e in conformità con gli obblighi di diritto internazionale assunto dallo Stato. Essi incoraggeranno, in modo appropriato, comunicazioni e contatti diretti fra tali sindacati e i loro rappresentanti.

Sofia 1989 (Preambolo)

Gli Stati partecipanti riaffermano il loro rispetto del diritto delle persone, dei gruppi e delle orga- nizzazioni interessati alle questioni ambientali di esprimere liberamente le proprie vedute, di asso- ciarsi ad altri, di riunirsi in modo pacifico, nonché di ottenere, pubblicare e diffondere informazioni su tali questioni, senza ostacoli giuridici e amministrativi incompatibili con le disposizioni CSCE. Tali persone, gruppi e organizzazioni hanno il diritto di partecipare a pubblici dibattiti su que- stioni ambientali, nonché di stabilire e mantenere contatti diretti e indipendenti a livello nazio- nale e internazionale.

Bonn 1990 (Preambolo)

Riconoscendo la relazione fra pluralismo politico ed economie di mercato ed essendo impegnati ad osservare i principi riguardanti: (…) • Un’attività economica che conseguentemente tuteli la dignità dell’uomo e non (…) neghi il diritto dei lavoratori di costituire liberamente sindacati indipendenti o di aderirvi,

Si adopereranno per conseguire o mantenere quanto segue: (…)

Copenhagen 1990

(7) (…) gli Stati partecipanti (7.6) rispetteranno il diritto degli individui e dei gruppi di costituire, in piena libertà, propri par- titi politici o altre organizzazioni politiche (…) (…)

(9) Gli Stati partecipanti riaffermano che: (9.2) ad ogni persona sarà riconosciuto il diritto di riunione e di dimostrare pacificamente. Qual- siasi restrizione all’esercizio di tali diritti sarà prevista dalla legge e dovrà essere conforme alle norme internazionali, (9.3) il diritto di associazione sarà garantito. Sarà garantito il diritto di creare un sindacato e, fatta riserva del diritto generale dei sindacati di stabilire le proprie condizioni di associazione, quello

142 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

di aderire liberamente a un sindacato. Tali diritti escludono qualsiasi controllo preventivo. La libertà di associazione dei lavoratori, ivi compreso il diritto di sciopero, sarà garantita, fatte salve le limitazioni previste dalla legge e che siano conformi alle norme internazionali, (…)

(10) (…) gli Stati partecipanti esprimono il proprio impegno di: (10.3) assicurare che ad ognuno sia consentito di esercitare il diritto di associazione, ivi compreso il diritto di costituire, aderire e partecipare a tutti gli effetti alle organizzazioni non governative che si adoperano per promuovere e tutelare i diritti dell’uomo e le libertà fondamentali, inclusi i sindacati e i gruppi di vigilanza sui diritti dell’uomo, (…)

(32.6) di costituire e mantenere organizzazioni o associazioni all’interno del proprio paese e di partecipare ad organizzazioni internazionali non governative.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che, senza discriminazioni, ogni persona ha il diritto: (…) alla libertà di associazione e di riunione pacifica (…)

3 Helsinki 2008 (Dichiarazione ministeriale resa in occasione del sessantesimo anniversario della Dichiarazione universale dei diritti dell’uomo) (…)

Ribadiamo che ciascun individuo ha il diritto alla libertà di pensiero, coscienza, religione e credo, alla libertà di opinione e di espressione e alla libertà di riunione e di associazione pacifica. L’eserci- zio di tali diritti può essere soggetto esclusivamente alle restrizioni previste dalla legge e in confor- mità ai nostri obblighi ai sensi del diritto internazionale nonché ai nostri impegni internazionali. (…)

3.1.10 Libertà di espressione, libertà dei media e dell’informazione

A. Disposizioni generali

Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori)

Gli Stati partecipanti,

Consapevoli del bisogno di una sempre più larga conoscenza e comprensione dei vari aspetti della vita negli altri Stati partecipanti,

143 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

Riconoscendo l’apporto di tale processo all’accrescimento della fiducia tra i popoli,

Desiderando di continuare ad accrescere, con lo sviluppo della reciproca comprensione fra gli Stati partecipanti e con l’ulteriore miglioramento delle loro relazioni gli sforzi volti a conseguire pro- gressi in questo campo,

Riconoscendo l’importanza della diffusione dell’informazione proveniente dagli altri Stati parte- cipanti e di una migliore conoscenza di tale informazione, (…)

Si propongono di facilitare una più libera e ampia diffusione di ogni tipo di informazione, di incorag- giare la cooperazione nel campo dell’informazione e lo scambio di informazioni con altri paesi (…)

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(34) (…) conformemente al Patto Internazionale sui Diritti Civili e Politici, alla Dichiarazione Universale dei Diritti dell’Uomo e ai pertinenti impegni internazionali assunti relativamente alla ricerca, alla ricezione e alla comunicazione di informazioni di ogni tipo, [gli Stati partecipanti] assicureranno che le persone possano scegliere liberamente le proprie fonti di informazione. In tale contesto: (…) • permetteranno alle persone, alle istituzioni e alle organizzazioni, nel rispetto dei diritti di pro- prietà intellettuale, inclusi i diritti d’autore, di ottenere, possedere, riprodurre e distribuire mate- riale informativo di ogni genere.

A tal fine essi elimineranno qualsiasi restrizione incompatibile con i suddetti obblighi ed impegni.

(35) Essi coglieranno ogni occasione offerta dai moderni mezzi di comunicazione, compresi quelli via cavo e via satellite, per una sempre più libera ed ampia diffusione di ogni genere di informa- zioni. Incoraggeranno anche la cooperazione e gli scambi fra le proprie istituzioni e organizza- zioni competenti e gli esperti del settore tecnico e opereranno per l’armonizzazione di norme e regolamenti tecnici.

(36) Essi assicureranno concretamente che bollettini ufficiali di informazione possano essere distri- buiti liberamente nei propri territori dalle missioni diplomatiche e da altre missioni ufficiali non- ché dagli uffici consolari degli altri Stati partecipanti. (…)

(45) Essi assicureranno concretamente che le persone appartenenti a minoranze nazionali o a cul- ture regionali, che si trovano nei propri territori, possano diffondere, ricevere e scambiare infor- mazioni nella loro madrelingua.

Sofia 1989 (Preambolo)

Gli Stati partecipanti riaffermano il loro rispetto del diritto delle persone, dei gruppi e delle organizzazioni interessati alle questioni ambientali di esprimere liberamente le proprie vedute, di associarsi ad altri, di riunirsi in modo pacifico, nonché di ottenere, pubblicare e diffondere infor- mazioni su tali questioni, senza ostacoli giuridici e amministrativi incompatibili con le disposi- zioni CSCE. Tali persone, gruppi e organizzazioni hanno il diritto di partecipare a pubblici dibattiti

144 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

su questioni ambientali, nonché di stabilire e mantenere contatti diretti e indipendenti a livello nazionale e internazionale.

Copenhagen 1990

(7) (…) gli Stati partecipanti (…)

(7.7) assicureranno che la legge e il sistema politico consentano di condurre le campagne elettorali in un’atmosfera corretta e libera, nella quale né misure amministrative, né la violenza, né l’inti- midazione impediscano ai partiti e ai candidati di esporre liberamente le proprie opinioni e posi- zioni o impediscano agli elettori di conoscerle e discuterle (…) (…)

(9) Gli Stati partecipanti riaffermano che: (9.1) ogni persona avrà diritto alla libertà di espressione, ivi compreso il diritto alla comunicazione. Tale diritto include la libertà di opinione e la libertà di ricevere e di comunicare informazioni e idee senza interferenza dell’autorità pubblica e indipendentemente dalle frontiere. L’esercizio di tale diritto può essere soggetto alle sole limitazioni previste dalla legge e che siano conformi ai prin- cipi internazionali. In particolare nessuna limitazione sarà imposta all’accesso e all’utilizzazione dei mezzi di riproduzione di documenti di qualsiasi genere, rispettando tuttavia i diritti relativi alla proprietà intellettuale, ivi compreso il diritto d’autore, (…)

(10) (…) gli Stati partecipanti esprimono il proprio impegno di: (10.1) rispettare il diritto di ciascuno, individualmente o in associazione con altri, di ricercare, rice- vere e comunicare liberamente opinioni e informazioni sui diritti dell’uomo e sulle libertà fonda- mentali, ivi compresi i diritti di diffondere e pubblicare tali opinioni e informazioni, 3 (10.2) rispettare i diritti di ciascuno, individualmente o in associazione con altri, di esaminare e discutere l’osservanza dei diritti dell’uomo e delle libertà fondamentali nonché di sviluppare e discutere idee per una migliore tutela dei diritti dell’uomo e mettere in atto mezzi migliori per garantire l’osservanza delle norme internazionali sui diritti dell’uomo, (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

36. Gli Stati partecipanti riaffermano che la libertà di espressione è un diritto fondamentale dell’uomo ed una componente essenziale di una società democratica.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

26. Riaffermiamo l’importanza (…) della libera circolazione delle informazioni nonché dell’ac- cesso del pubblico alle informazioni. Ci impegniamo ad adottare tutte le misure necessarie per

145 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

garantire le condizioni fondamentali per (…) il libero flusso di informazioni attraverso le fron- tiere e all’interno degli Stati (…)

Astana 2010

B. Libertà dei media e condizioni lavorative dei giornalisti

Si veda anche: I. 2.3.4 C: Rappresentante per la libertà dei media

Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori)

(…) Riconoscendo l’importanza della diffusione dell’informazione proveniente dagli altri Stati partecipanti e di una migliore conoscenza di tale informazione,

Sottolineando quindi il ruolo essenziale e l’influenza della stampa, della radio, della televisione, del cinema, delle agenzie di stampa nonché dei giornalisti che operano in questi campi,

Si propongono di facilitare una più libera e ampia diffusione di ogni tipo di informazione, di inco- raggiare la cooperazione nel campo dell’informazione e lo scambio di informazioni con altri paesi nonché di migliorare le condizioni in cui i giornalisti di uno Stato partecipante esercitano la loro attività professionale in un altro Stato partecipante, ed

Esprimono la loro intenzione in particolare:

(a) Miglioramento della diffusione, dell’accesso e dello scambio di informazione (…) (ii) Informazione scritta Di facilitare il miglioramento della diffusione, sul loro territorio, dei giornali e delle pubblica- zioni stampate, periodiche e non periodiche, degli altri Stati partecipanti. (…) Di contribuire e migliorare l’accesso del pubblico alle pubblicazioni stampate, periodiche e non periodiche, importate (…) (iii) Informazione filmata e radioteletrasmessa. Di promuovere il miglioramento della diffusione della informazione filmata e radioteletrasmessa (…) Gli Stati partecipanti notano l’espansione della diffusione dell’informazione radiotrasmessa ed esprimono la speranza che tale processo continui, in modo da corrispondere all’interesse della comprensione reciproca fra i popoli e agli obiettivi fissati da questa Conferenza. (b) Cooperazione nel campo dell’informazione Di incoraggiare la cooperazione nel campo dell’informazione sulla base di accordi o intese a breve o a lungo termine. In particolare:

146 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

• essi favoriranno una maggiore cooperazione fra gli organi di informazione di massa, ivi com- prese le agenzie di stampa, nonché fra le organizzazioni e le case editrici; • favoriranno la cooperazione fra gli enti radio-televisivi pubblici o privati, nazionali o interna- zionali, in particolare mediante lo scambio di programmi radiotelevisivi sia in diretta sia regi- strati, nonché mediante la coproduzione, la trasmissione e la distribuzione di tali programmi; • incoraggeranno incontri e contatti sia fra le organizzazioni dei giornalisti sia fra i giornalisti degli Stati partecipanti; • considereranno favorevolmente le possibilità di intese fra pubblicazioni periodiche nonché fra i giornali degli Stati partecipanti, in vista dello scambio e della pubblicazione di articoli; • incoraggeranno lo scambio di informazioni tecniche nonché l’organizzazione di ricerche comuni e di incontri dedicati allo scambio di esperienze e di vedute fra esperti nel settore della stampa, della radio e della televisione. (c) Miglioramento delle condizioni di lavoro dei giornalisti Gli Stati partecipanti, desiderosi di migliorare le condizioni nelle quali i giornalisti di uno Stato partecipante esercitano la loro professione in un altro Stato partecipante, intendono in particolare: • esaminare con spirito favorevole ed entro un termine appropriato e ragionevole le domande di visto da parte dei giornalisti; • accordare ai giornalisti degli Stati partecipanti accreditati a titolo permanente, sulla base di intese, visti di entrata o di uscita multipli per periodi determinati; • facilitare il rilascio, ai giornalisti degli Stati partecipanti in essi accreditati, di permessi di sog- giorno nel paese di residenza temporanea nonché, ove e quando necessario, il rilascio degli altri documenti ufficiali dei quali sia opportuno che essi siano muniti; • alleggerire, su base di reciprocità, le procedure concernenti gli spostamenti dei giornalisti degli Stati partecipanti nel paese dove essi esercitano la loro professione, e offrire progressivamente più larghe possibilità per tale specie di spostamenti, salva l’osservanza dei regolamenti concer- 3 nenti l’esistenza di zone vietate per motivi di sicurezza; • assicurare che le richieste di detti giornalisti concernenti tali spostamenti ottengano, per quanto possibile, un sollecito corso, tenendo conto della scadenza indicata dal richiedente; • ampliare le possibilità per i giornalisti degli Stati partecipanti di comunicare personalmente con le loro fonti di informazione, comprese tra queste le organizzazioni e le istituzioni ufficiali; • accordare ai giornalisti degli Stati partecipanti il diritto di importare, con il solo onere di rie- sportarla, l’attrezzatura tecnica (macchine fotografiche e cinematografiche, registratori, mezzi radio e televisivi) necessaria per l’esercizio della loro professione;*) • mettere i giornalisti degli altri Stati partecipanti, accreditati a titolo permanente o temporaneo, in condizione di trasmettere completamente, regolarmente e con rapidità utilizzando i mezzi riconosciuti dagli Stati partecipanti, agli organi di informazione da loro rappresentati, i risul- tati della loro attività professionale compresi i nastri registrati e le pellicole e i films non svilup- pati, a fini di pubblicazione o di trasmissione per radio o televisione.

* Pur constatando che in molti casi i giornalisti stranieri utilizzano personale locale idoneo, gli Stati partecipanti notano che tutte le disposizioni di cui sopra si applicherebbero, salva l’osservanza dei regolamenti appropriati, alle persone provenienti dagli altri Stati partecipanti che siano regolarmente e professionalmente impiegate in qualità di tecnici, fotografi o operatori di macchina per conto della stampa, della radio, della televisione o del cinema.

147 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

Gli Stati partecipanti riaffermano che nel legittimo svolgimento della loro attività professionale i giornalisti non saranno espulsi né in qualsiasi altro modo penalizzati. Ove un giornalista accre- ditato fosse espulso, egli sarà informato delle ragioni di tale misura e potrà presentare domanda per il riesame del suo caso.

Madrid 1983 (Cooperazione nel settore umanitario e in altri settori)

[Gli Stati partecipanti] favoriranno l’ulteriore ampliamento della cooperazione fra i mezzi di infor- mazione di massa e i loro rappresentanti, in particolare fra il personale redazionale di agenzie di stampa, giornali, organizzazioni radiotelevisive, nonché società cinematografiche. Essi inco- raggeranno uno scambio più regolare di notizie, articoli, supplementi e informazioni radioteletra- smesse, nonché lo scambio di personale redazionale per una migliore conoscenza delle rispettive prassi. Su una base di reciprocità, essi miglioreranno i servizi materiali e tecnici previsti per i cro- nisti radiotelevisivi accreditati a titolo permanente o temporaneo. Inoltre essi faciliteranno contatti diretti fra i giornalisti, nonché contatti nell’ambito delle organizzazioni professionali.

Essi decideranno in merito alle domande di visto dei giornalisti senza indebiti ritardi e riesa- mineranno le domande che sono state respinte entro un periodo di tempo ragionevole. Inoltre i giornalisti che desiderino effettuare spostamenti per motivi personali e non per servizi giornali- stici fruiranno dello stesso trattamento degli altri visitatori provenienti dal loro paese di origine.

Essi concederanno ai corrispondenti permanenti e ai loro familiari conviventi visti di entrata e di uscita multipli, validi per un anno.

Gli Stati partecipanti esamineranno la possibilità di concedere, ove necessario sulla base di accordi bilaterali, l’accreditamento e le relative agevolazioni ai giornalisti di altri Stati partecipanti accre- ditati a titolo permanente in paesi terzi.

Essi faciliteranno lo spostamento dei giornalisti degli altri Stati partecipanti nei loro territori, in particolare adottando, ove necessario, misure concrete per offrire loro la possibilità di sposta- menti più estesi, tranne che nelle zone vietate per motivi di sicurezza. Essi informeranno in anti- cipo i giornalisti, quando possibile, qualora nuove zone vengano vietate per motivi di sicurezza.

Essi offriranno maggiori possibilità e, ove necessario, migliori condizioni ai giornalisti di altri Stati partecipanti per stabilire e mantenere contatti e comunicazioni personali con le loro fonti di informazione.

Essi autorizzeranno di norma i giornalisti radiotelevisivi, su loro richiesta, a farsi accompagnare dai propri tecnici del suono e del video e ad utilizzare le proprie attrezzature.

Analogamente, i giornalisti potranno portare con sé materiale di consultazione, compresi appunti personali, da usare rigorosamente a scopo professionale*.

* In tale contesto resta inteso che l’importazione di materiale stampato potrà essere soggetta ai regolamenti locali, che saranno applicati con debito riguardo alle esigenze di adeguate attrezzature di lavoro del giornalista. Gli Stati partecipanti faciliteranno, ove necessario, l’apertura e il funzionamento, nelle loro capitali, di centri stampa o di istituzioni che svolgano le stesse funzioni, accessibili alla stampa nazionale ed estera con adeguati servizi operativi per quest’ultima. Essi inoltre considereranno ulteriori modi e mezzi per assistere i giornalisti di altri Stati partecipanti consentendo loro in tal misura di risolvere i problemi di ordine pratico che possano incontrare.

148 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(34) (…) Essi compiranno ulteriori sforzi per facilitare una più libera ed ampia diffusione di ogni tipo di informazione, per incoraggiare la cooperazione nel campo dell’informazione e per miglio- rare le condizioni di lavoro dei giornalisti. (…) (…) • essi assicureranno che i servizi radiofonici che operano in conformità con le Regolamentazioni radiofoniche dell’UIT siano direttamente e normalmente ricevuti nei propri Stati (…)

(37) Essi incoraggeranno le organizzazioni radiotelevisive, in base ad accordi fra loro, a trasmet- tere in diretta, in particolare nei paesi che li organizzano, programmi e dibattiti con partecipanti di diversi Stati e a trasmettere dichiarazioni e interviste di personalità politiche e di altro genere degli Stati partecipanti.

(38) Essi incoraggeranno le organizzazioni radiotelevisive a realizzare servizi su diversi aspetti della vita negli altri Stati partecipanti e incoraggeranno un incremento del numero dei ponti tele- visivi fra i rispettivi paesi.

(39) Ricordando che per il legittimo esercizio della propria attività professionale i giornalisti non sono passibili di espulsione né devono essere soggetti ad altri pregiudizi, essi si asterranno dal prendere misure restrittive quali la revoca dell’accreditamento di un giornalista o la sua espulsione a causa del contenuto di un servizio del giornalista o dell’organo di informazione cui appartiene.

(40) Essi assicureranno che i giornalisti, compresi quelli che rappresentano i mezzi di informa- zione di altri Stati partecipanti, nell’esercizio di tale attività, siano liberi di cercare l’accesso e di mantenere contatti con fonti di informazione pubbliche e private e che venga rispettata la loro esi- genza del segreto professionale. 3 (41) Essi rispetteranno il diritto d’autore dei giornalisti.

(42) Al fine di realizzare servizi giornalistici regolari, essi concederanno, se del caso in base ad accordi fra loro, l’accreditamento, quando è richiesto, e visti d’ingresso multipli a giornalisti di altri Stati partecipanti, indipendentemente dal loro domicilio. Su tale base essi ridurranno ad un mas- simo di due mesi il periodo necessario per la concessione ai giornalisti sia dell’accreditamento sia di visti di ingresso multipli.

(43) Essi faciliteranno il lavoro dei giornalisti stranieri fornendo, su richiesta, le informazioni pertinenti su questioni di interesse pratico, quali regolamenti di importazione, tasse e alloggio.

(44) Essi garantiranno anche ai giornalisti stranieri l’accesso alle conferenze stampa ufficiali, pre- vio accreditamento, quando questo sia richiesto, nonché, se del caso, la partecipazione ad altri simili incontri stampa ufficiali.

Copenhagen 1990

(7) (…) gli Stati partecipanti (…) (7.8) — faranno sì che nessun ostacolo legale o amministrativo limiti il libero accesso ai mezzi di informazione su base non discriminatoria per tutti i raggruppamenti politici e gli individui che intendono partecipare al processo elettorale,

149 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

Mosca 1991

(26) Stati partecipanti riaffermano il diritto alla libertà di espressione, ivi compreso (…) il diritto dei mezzi di informazione di raccogliere, riferire e diffondere informazioni, notizie e opinioni. Qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali. Essi inoltre riconoscono che mezzi di informazione indipendenti sono essenziali per una società libera e aperta e per sistemi governativi responsabili e sono particolarmente impor- tanti per la salvaguardia dei diritti dell’uomo e delle libertà fondamentali. (26.1) Essi considerano che i mezzi di informazione scritta e radioteletrasmessa nei loro territori debbano godere di un accesso senza restrizioni a servizi stampa e informazioni esteri. Il pubblico godrà di analoga libertà di ricevere e comunicare informazioni ed idee senza interferenze da parte delle autorità pubbliche indipendentemente dalle frontiere, anche attraverso pubblicazioni e tra- smissioni radiotelevisive estere. Qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali. (26.2) Gli Stati partecipanti non faranno discriminazioni nei confronti dei mezzi di informazione indipendenti per quanto riguarda la concessione dell’accesso alle informazioni, ai materiali e ai servizi. (…) (28.9) Gli Stati partecipanti si adopereranno per mantenere la libertà di espressione e la libertà di informazione, compatibilmente con i loro obblighi e impegni internazionali, al fine di consen- tire un dibattito pubblico sull’osservanza dei diritti dell’uomo e delle libertà fondamentali non- ché sull’abrogazione dello stato di emergenza pubblica. Conformemente alle norme internazionali riguardanti la libertà di espressione, essi non adotteranno misure miranti ad impedire ai giornali- sti l’esercizio legittimo della loro professione tranne quelle rigorosamente richieste dalle esigenze della situazione. (…)

(34) Gli Stati partecipanti adotteranno, ove appropriato, tutte le misure praticamente possibili per tutelare i giornalisti impegnati in missioni professionali rischiose, in particolare in caso di con- flitti armati, e coopereranno a tal fine.

Tali misure comprenderanno la ricerca dei giornalisti dispersi, l’accertamento della loro sorte, un’appropriata assistenza e l’agevolazione del ritorno alle loro famiglie.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

36. Gli Stati partecipanti riaffermano che la libertà di espressione è un diritto fondamentale dell’uomo ed una componente essenziale di una società democratica. A tale riguardo, mezzi di infor- mazione indipendenti e pluralisti sono essenziali per una società libera e aperta e sistemi di governo responsabili. Essi assumono quale principio guida la salvaguardia di tale diritto.

37. Essi condannano tutti gli attacchi e le molestie ai giornalisti e si adopereranno affinché i diretti responsabili di tali attacchi e molestie ne rispondano.

38. Essi rilevano inoltre che l’uso dei mezzi d’informazione per fomentare l’odio e la tensione etnica, specialmente ad opera dei governi, può servire da preallarme di un conflitto.

150 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

Lisbona 1996 (Dichiarazione del Vertice)

9. (…) Fra i problemi impellenti nell’ambito della dimensione umana, le continue violazioni dei diritti dell’uomo, quali (…) le minacce all’indipendenza dei media (…), continuano a mettere in pericolo la stabilità nella regione dell’OSCE. Ci impegniamo a proseguire le nostre attività volte a fronteggiare tali problemi. (…)

11. La libertà della stampa e dei media fanno parte dei prerequisiti fondamentali per società vera- mente democratiche e civili. (…)

Copenhagen 1997 (Allegato 1: Decisione n.193 del Consiglio Permanente, Mandato del Rappresentante OSCE per la Libertà dei Mezzi d’Informazione)

1. Gli Stati partecipanti (…) ribadiscono in particolare che la libertà di espressione è un diritto fon- damentale dell’uomo riconosciuto internazionalmente, nonché una componente basilare di una società democratica, e che mezzi d’informazione liberi, indipendenti e pluralisti sono essenziali per una società libera e aperta e per sistemi di governo responsabili. Gli Stati partecipanti, tenendo presenti i principi e gli impegni sottoscritti in ambito OSCE (…), decidono di istituire, sotto l’e- gida del Consiglio Permanente, un Rappresentante OSCE per la libertà dei mezzi d’informazione. Obiettivo di tale decisione è rafforzare l’attuazione dei pertinenti principi ed impegni OSCE non- ché migliorare l’efficacia di azioni concertate da parte degli Stati partecipanti, basate sui loro valori comuni. Gli Stati partecipanti confermano che coopereranno pienamente con il Rappresentante OSCE per la libertà dei mezzi d’informazione. Il Rappresentante assisterà gli Stati partecipanti, in uno spirito di cooperazione, nel loro costante impegno per la promozione di mezzi d’informa- zione liberi, indipendenti e pluralisti. (…)

Istanbul 1999 (Dichiarazione del Vertice) 3

27. (…) Siamo profondamente preoccupati per lo sfruttamento dei media nelle zone di conflitto a scopo di fomentare l’odio e la tensione etnica nonché per il ricorso a restrizioni legali e vessazioni miranti a privare i cittadini di mezzi di informazione liberi. Sottolineiamo la necessità di garan- tire la libertà di espressione che costituisce un elemento essenziale del dibattito politico in qual- siasi democrazia. Sosteniamo l’Ufficio del Rappresentante per la libertà dei mezzi d’informazione nei suoi sforzi volti a promuovere mezzi d’informazione liberi e indipendenti.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

26. Riaffermiamo l’importanza dell’indipendenza dei media e della libera circolazione delle infor- mazioni nonché dell’accesso del pubblico alle informazioni. Ci impegniamo ad adottare tutte le misure necessarie per garantire le condizioni fondamentali per la libertà e l’indipendenza dei mezzi di informazione e il libero flusso di informazioni attraverso le frontiere e all’interno degli Stati (…).

Milano 2018 (Decisione N.3/18 sulla sicurezza dei giornalisti)

Il Consiglio dei ministri,

riaffermando tutti i pertinenti impegni dell’OSCE sul diritto alla libertà di espressione, alla libertà dei media e alla libera circolazione delle informazioni, (…),

151 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

tenendo conto del fatto che ogni individuo ha diritto alla libertà di opinione e di espressione, (…), e che tale diritto costituisce uno dei fondamenti essenziali di una società democratica e una delle condizioni fondamentali per il suo progresso e il suo sviluppo, (…)

riaffermando che l’indipendenza dei media è essenziale per una società libera e aperta e per sistemi di governo responsabili ed è di particolare importanza per la salvaguardia dei diritti umani e delle libertà fondamentali, (…),

riconoscendo che il giornalismo e la tecnologia si stanno evolvendo e che ciò contribuisce al dibat- tito pubblico, ma può anche ampliare la gamma dei rischi che recano pregiudizio alla sicurezza dei giornalisti,

prendendo atto dell’importanza di promuovere e proteggere la sicurezza dei giornalisti ai fini dell’attuazione dei pertinenti Obiettivi e finalità di sviluppo sostenibile dell’Agenda 2030 della Nazioni Unite per lo sviluppo sostenibile,

riconoscendo che la pratica del giornalismo può esporre i giornalisti e i loro familiari al rischio di violenze nonché a intimidazioni e molestie, anche attraverso le tecnologie digitali, che possono dissuadere i giornalisti dal continuare il loro lavoro o portare all’autocensura, rilevando con pre- occupazione che il ricorso a indebite misure restrittive nei confronti dei giornalisti può incidere sulla loro sicurezza e impedire loro di fornire informazioni al pubblico, e pregiudica pertanto il diritto alla libertà di espressione,

riaffermando che i media nella loro regione dovrebbero godere di un accesso senza restrizioni alle notizie e ai servizi d’informazione stranieri, che il pubblico trarrà vantaggio dall’analoga libertà di ricevere e di comunicare informazioni e idee senza interferenza dell’autorità pubblica e indipen- dentemente dalle frontiere, anche attraverso pubblicazioni e trasmissioni straniere, e che qualsiasi restrizione all’esercizio di tale diritto sarà prescritta per legge e conforme alle norme internazio- nali, (…),

preoccupato che le violazioni e gli abusi del diritto alla libertà da interferenze arbitrarie o illegali nella vita privata possono incidere sulla sicurezza dei giornalisti,

profondamente preoccupato per tutte le violazioni e gli abusi dei diritti umani commessi in relazione alla sicurezza dei giornalisti, tra cui quelli che comportano uccisioni, torture, sparizioni forzate, arresti arbitrari, detenzioni ed espulsioni arbitrarie, intimidazioni, molestie e minacce in qualsiasi forma, fisica, legale, politica, tecnologica o economica, volte a reprimere il lavoro dei giornalisti,

preoccupato per i rischi specifici che le giornaliste affrontano in relazione al loro lavoro, anche attraverso le tecnologie digitali, e sottolineando l’importanza di assicurare loro la massima sicu- rezza possibile e di tenere conto in modo efficace delle loro esperienze e delle loro preoccupazioni,

riconoscendo il ruolo cruciale svolto dai giornalisti nei contesti elettorali, in particolare nell’infor- mare il pubblico in merito ai candidati, ai loro programmi e ai dibattiti in corso, ed esprimendo serie preoccupazioni per le minacce e gli attacchi violenti cui i giornalisti possono essere oggetto,

riconoscendo l’importanza del giornalismo investigativo e che la capacità dei media di indagare e pubblicare i risultati delle loro indagini senza timori di ritorsioni, anche su Internet, può avere un ruolo importante nelle nostre società, anche per l’accertamento delle responsabilità di istitu- zioni e funzionari pubblici,

152 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

allarmato per l’aumento di campagne che prendono di mira il lavoro dei giornalisti, erodendo la fiducia del pubblico nella credibilità del giornalismo, e riconoscendo che ciò può accrescere il rischio di minacce e violenze nei confronti dei giornalisti,

allarmato inoltre per i casi in cui responsabili politici, funzionari e/o autorità pubbliche intimidi- scono, minacciano, giustificano o non condannano le violenze nei confronti di giornalisti,

esprimendo profonda preoccupazione per la crescente minaccia posta alla sicurezza dei giornali- sti da, tra l’altro, gruppi terroristici e organizzazioni criminali,

ponendo inoltre in evidenza i rischi specifici posti alla sicurezza dei giornalisti nell’era digitale, anche per quanto riguarda la particolare vulnerabilità dei giornalisti a essere bersaglio di atti di pirateria informatica o di sorveglianza o intercettazione illecita o arbitraria delle comunica- zioni, compromettendo il godimento del loro diritto alla libertà di espressione e il loro diritto alla libertà da interferenze arbitrarie o illecite nella vita privata,

ribadendo che gli Stati partecipanti condannano tutti gli attacchi e le molestie nei confronti dei giornalisti e che si adopereranno affinché i diretti responsabili rendano conto di tali attacchi e molestie, come affermato al Vertice CSCE di Budapest del 1994, e riconoscendo inoltre che l’ac- certamento delle responsabilità per i crimini contro i giornalisti è un elemento chiave per preve- nire futuri attacchi,

sottolineando l’importanza della celebrazione, il 2 novembre, della Giornata internazionale per porre fine all’impunità per i reati contro i giornalisti (IDEI), proclamata dall’Assemblea generale delle Nazioni Unite,

rilevando con preoccupazione il clima di impunità che prevale quando gli attacchi violenti com- messi nei confronti di giornalisti rimangono impuniti e riconoscendo il ruolo dei governi, dei legi- slatori e della magistratura nel consentire un ambiente di lavoro sicuro e nel garantire la sicurezza 3 dei giornalisti, tra l’altro condannando pubblicamente e assicurando alla giustizia tutti i respon- sabili di reati contro i giornalisti,

ricordando le risoluzioni 1738 (2006) e 2222 (2015) del Consiglio di sicurezza delle Nazioni Unite, in cui si condannano tutte le violazioni e gli abusi commessi contro i giornalisti, i professionisti dei media e il personale associato in situazioni di conflitto armato e in cui si afferma che i giorna- listi, i professionisti dei media e il personale associato impegnati in missioni pericolose legate alla loro professione in teatri di conflitto armato sono da considerarsi civili e tutelati come tali, a con- dizione che non intraprendano azioni che compromettano il loro status di civili,

invita gli Stati partecipanti a:

1. dare piena attuazione a tutti gli impegni OSCE e ai loro obblighi internazionali relativi alla libertà di espressione e alla libertà dei media, anche rispettando, promuovendo e tutelando la libertà di cer- care, ricevere e diffondere informazioni indipendentemente dalle frontiere;

2. allineare pienamente le loro leggi, politiche e pratiche relative alla libertà dei media ai loro obbli- ghi e impegni internazionali e riesaminarle e, ove necessario, abrogarle o modificarle in modo da non limitare la capacità dei giornalisti di svolgere il loro lavoro in modo indipendente e senza indebite interferenze;

153 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

3. condannare pubblicamente e inequivocabilmente tutti gli attacchi e le violenze contro i giorna- listi, come le uccisioni, le torture, le sparizioni forzate, gli arresti arbitrari, le detenzioni ed espul- sioni arbitrarie, le intimidazioni, le molestie e le minacce in qualsiasi forma, fisica, legale, politica, tecnologica o economica, utilizzate per reprimere la loro attività e/o forzare indebitamente la chiu- sura dei loro uffici, anche in situazioni di conflitto;

4. condannare altresì pubblicamente e inequivocabilmente gli attacchi nei confronti delle donne giornaliste in relazione al loro lavoro, come le molestie sessuali, gli abusi, le intimidazioni, le minacce e la violenza, perpetrati anche attraverso le tecnologie digitali;

5. sollecitare il rilascio immediato e incondizionato di tutti i giornalisti che sono stati arrestati o sono detenuti in modo arbitrario, presi in ostaggio o sono diventati vittima di sparizione forzata;

6. adottare misure efficaci per porre fine all’impunità per i reati commessi nei confronti di gior- nalisti, garantendo l’accertamento delle responsabilità come elemento chiave per prevenire futuri attacchi, assicurando inoltre che le agenzie delle forze dell’ordine svolgano indagini rapide, effi- caci e imparziali su atti di violenza e su minacce nei confronti di giornalisti, al fine di assicurarne i responsabili alla giustizia e garantire che le vittime abbiano accesso a rimedi adeguati;

7. sollecitare i responsabili politici, i funzionari e/o le autorità pubbliche ad astenersi dall’intimi- dire, minacciare o giustificare, e a condannare inequivocabilmente, le violenze contro i giorna- listi, al fine di ridurre i rischi o le minacce che i giornalisti possono dover affrontare, e di evitare di minare la fiducia nella credibilità dei giornalisti così come il rispetto dell’importanza del gior- nalismo indipendente;

8. astenersi da interferenze arbitrarie o illegali nell’uso da parte dei giornalisti di tecnologie per la cifratura e l’anonimato e dall’utilizzare tecniche di sorveglianza illegali o arbitrarie, rilevando che tali atti violano il godimento dei diritti umani da parte dei giornalisti e potrebbero esporli a rischi potenziali di violenza e a minacce alla loro sicurezza;

9. incoraggiare gli organismi statali e le agenzie delle forze dell’ordine a impegnarsi in attività di sensibilizzazione e di formazione sulla necessità di assicurare la sicurezza dei giornalisti e di promuovere il coinvolgimento della società civile, ove appropriato, in tali attività;

10. avviare o rafforzare, ove possibile, la raccolta di dati, analisi e resoconti a livello nazionale su attacchi e violenze nei confronti di giornalisti;

11. assicurare che le leggi sulla diffamazione non comportino sanzioni o pene eccessive che potreb- bero minare la sicurezza dei giornalisti e/o censurare concretamente i giornalisti e interferire con la loro missione di informare il pubblico e, ove necessario, rivedere e abrogare tali leggi, in conformità con gli obblighi degli Stati partecipanti ai sensi del diritto internazionale in materia di diritti umani;

12. attuare in modo più efficace il quadro giuridico applicabile per la tutela dei giornalisti nonché tutti i pertinenti impegni OSCE;

13. cooperare pienamente con il Rappresentante OSCE per la libertà dei mezzi d’informazione, anche per quanto riguarda la questione della sicurezza dei giornalisti;

154 3.1.10 Libertà di espressione, libertà dei media e dell’informazione

C. Libertà di espressione culturale o artistica

Si veda anche: II. 3.2.3: Diritti culturali/patrimonio culturale

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Riconosciamo il contributo essenziale della nostra comune cultura europea e dei valori da noi con- divisi per il superamento della divisione del Continente. Pertanto, sottolineiamo il nostro impe- gno per la libertà creativa, la protezione e la promozione del nostro retaggio culturale e spirituale in tutta la sua ricchezza e diversità.

Cracovia 1991 (I. Cultura e libertà)

1. Gli Stati partecipanti sottolineano che il rispetto dei diritti dell’uomo e delle libertà fondamen- tali è essenziale per il pieno sviluppo della creatività culturale.

2. Lo Stato e le autorità pubbliche si asterranno dal violare la libertà della creazione artistica.

3. Gli Stati partecipanti si impegnano a promuovere e tutelare lo sviluppo libero e non ostacolato della creatività artistica; essi riconoscono l’importanza del ruolo dei singoli artisti nella società e rispetteranno e tuteleranno l’integrità dell’opera creativa. 3 4. Essi riconoscono la necessità dei governi di trovare un equilibrio tra la loro duplice responsabi- lità di agire a sostegno e di assicurare la libertà dell’attività culturale.

5. Essi inoltre riconoscono che, data la varietà dell’attività culturale negli Stati partecipanti, molti sono i modi in cui i governi possono scegliere di rispondere efficacemente ai problemi relativi al retaggio culturale.

6. Gli Stati partecipanti ribadiscono il proprio rispetto per la libertà di espressione e, in relazione all’esercizio di tale libertà nel campo artistico e culturale, dichiarano quanto segue: 6.1 La pubblicazione di opere scritte, la rappresentazione e la trasmissione di opere musicali, tea- trali e audiovisive, e l’esposizione di opere di pittura e di scultura non saranno soggette a restri- zioni o interferenze da parte dello Stato, salvo le restrizioni che siano previste dalle legislazioni nazionali e che siano pienamente compatibili con gli standard internazionali. 6.2 Essi esprimono la propria convinzione che l’esistenza, nel campo artistico e culturale, di una varietà di mezzi di diffusione indipendenti dallo Stato, quali le case editrici, le emittenti radiofo- niche, le case cinematografiche e gli enti televisivi, i teatri e le gallerie, contribuisce ad assicurare il pluralismo e la libertà di espressione artistica e culturale.

7. Gli Stati partecipanti ricordano i propri impegni per il libero accesso alla cultura, e concor- dano quanto segue:

155 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

7.1 Pur rispettando debitamente i diritti di proprietà intellettuale, ogni persona od organizzazione indipendente ha il diritto di possedere privatamente, usare e riprodurre ogni genere di materiale culturale, quali libri, pubblicazioni e registrazioni audiovisive, nonché i mezzi per riprodurli.

Mosca 1991

(35) Gli Stati partecipanti riaffermano che garantire la libertà della creazione artistica e preservare il retaggio culturale fanno parte della dimensione umana della CSCE. Essi considerano che l’in- dipendenza della vita intellettuale e culturale è cruciale per il mantenimento delle società libere e delle istituzioni democratiche. Essi attueranno i loro impegni nel campo culturale, come enun- ciato nel Documento del Simposio sul Retaggio Culturale di Cracovia (…).

3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

Si veda anche: II. 4.4: Rifugiati, sfollati, rimpatriati e apolidi II. 4.5: Lavoratori migranti

Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori)

Gli Stati partecipanti,

Considerando lo sviluppo dei contatti come un elemento importante del rafforzamento delle rela- zioni amichevoli e della fiducia tra i popoli, (…)

Si prefiggono come obiettivo di facilitare una maggiore libertà di movimento e di contatti, sul piano individuale e collettivo, privato o ufficiale, fra le persone, le istituzioni e le organizzazioni degli Stati partecipanti, e di contribuire alla soluzione dei problemi di interesse umano che sor- gono a tale riguardo,

Si dichiarano pronti a adottare a tali fini le misure che essi considerano appropriate, nonché a con- cludere, ove necessario, accordi o intese tra loro, e

Esprimono l’intenzione, sin d’ora di procedere all’applicazione di quanto segue:

(a) Contatti e incontri regolari sulla base dei legami familiari

Allo scopo di promuovere l’ulteriore sviluppo di contatti sulla base dei legami familiari gli Stati partecipanti esamineranno favorevolmente le richieste di spostamento, al fine di permettere alle persone l’entrata o l’uscita dal proprio territorio, a titolo temporaneo e, se si desidera, su una base di regolarità, per visitare membri delle loro famiglie.

Le richieste concernenti spostamenti temporanei allo scopo di visitare membri delle proprie fami- glie saranno trattate senza distinzione riguardo al Paese di origine o di destinazione: le forma- lità richieste per il rilascio di documenti di viaggio e dei visti saranno applicate in tale spirito. La preparazione e il rilascio di tali documenti e visti avranno luogo entro termini ragionevoli; i casi di urgente necessità — quali gravi malattie o decessi — riceveranno trattamento prioritario.

156 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

Essi prenderanno le misure che possono essere necessarie per far sì che gli oneri imposti per il rila- scio di documenti ufficiali di viaggio e dei visti siano di entità accettabile.

Essi riaffermano che la presentazione di una richiesta relativa a contatti motivati da legami familiari non comporterà modifiche dei diritti e degli obblighi del richiedente o di membri della sua famiglia.

(b) Riunificazione delle famiglie

Gli Stati partecipanti esamineranno in uno spirito positivo ed umano le domande presentate da persone che desiderino ricongiungersi ai membri della loro famiglia, prestando particolare atten- zione alle richieste di carattere urgente — come quelle provenienti da persone ammalate o anziane.

Essi tratteranno la domanda in questo campo con tutta la diligenza possibile. Essi ridurranno ove necessario gli oneri ai quali tali domande sono soggette in modo che siano a un livello ragionevole.

Le domande per motivi di riunificazione familiare che non siano state accolte potranno essere rin- novate al livello appropriato e saranno riesaminate dalle autorità, secondo i casi, dei Paesi di resi- denza o di destinazione a intervalli ragionevolmente brevi; in tali casi gli oneri saranno percepiti soltanto quando le domande siano state accolte.

Le persone le cui domande di riunificazione alle famiglie siano state accolte potranno portare con sé o spedire le loro masserizie, effetti e oggetti personali; a tale fine gli Stati partecipanti utilizze- ranno tutte le possibilità offerte dai regolamenti in vigore.

Nell’attesa di essere definitivamente riuniti, i membri di una stessa famiglia potranno incon- trarsi e stabilire contatti fra loro conformemente alle modalità concernenti i contatti sulla base dei legami familiari.

Gli Stati partecipanti appoggeranno le attività svolte dalle Società della Croce Rossa e della Mez- 3 zaluna Rossa che si occupano dei problemi relativi alla riunificazione delle famiglie.

Essi confermano.che la presentazione di una domanda relativa alla riunificazione di una famiglia non comporterà modifiche dei diritti e degli obblighi del richiedente o di membri della sua famiglia.

Lo Stato partecipante di accoglimento prenderà le misure opportune per quanto concerne l’occu- pazione delle persone provenienti da altri Stati partecipanti le quali assumano residenza perma- nente in detto Stato allo scopo di ricongiungersi con i membri della loro famiglia che siano cittadini dello Stato medesimo, e farà in modo che vengano loro offerte possibilità di educazione, assistenza sanitaria e previdenza sociale uguali a quelle di cui dispongono i propri cittadini.

Gli Stati partecipanti esamineranno favorevolmente, ispirandosi a considerazioni umanitarie, le richieste di permessi di uscita o di entrata da parte di persone che abbiano deciso di sposare un cittadino di altro Stato partecipante.

La trattazione delle pratiche e il rilascio dei documenti richiesti per gli scopi summenzionati non- ché per la celebrazione del matrimonio saranno conformi alle disposizioni accettate per la riuni- ficazione delle famiglie.

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Gli Stati partecipanti applicheranno ugualmente le disposizioni accettate per la riunificazione delle famiglie allorché esamineranno le domande presentate da persone provenienti da Paesi parteci- panti diversi allo scopo di trasferire, a matrimonio avvenuto, la residenza permanente loro e dei figli minori nello Stato di normale residenza dell’una o dell’altra.

(d) Viaggi per motivi personali o professionali

Gli Stati partecipanti intendono facilitare più largamente gli spostamenti di loro cittadini per motivi personali o professionali, e a tale scopo intendono in particolare: • semplificare gradualmente e trattare con flessibilità le pratiche per l’uscita e l’entrata; • alleggerire i regolamenti relativi ai movimenti nel loro territorio di cittadini degli Stati parteci- panti, tenendo debitamente conto delle esigenze di sicurezza.

Essi si sforzeranno di ridurre gradualmente, ove necessario, gli oneri imposti per i visti e i docu- menti ufficiali di viaggio.

Essi intendono esaminare, se necessario, i mezzi — compresa, nella misura in cui ciò sia appro- priato, la conclusione di convenzioni consolari multilaterali o bilaterali o altri accordi o strumenti in materia — in vista di migliorare le intese relative ai servizi consolari, compresa l’assistenza legale e consolare.

Madrid 1983 (Cooperazione nel settore umanitario e in altri settori)

Gli Stati partecipanti tratteranno favorevolmente le domande relative a contatti e incontri rego- lari sulla base dei legami familiari, alla riunificazione delle famiglie e ai matrimoni fra cittadini di Stati diversi e decideranno in merito ad esse nello stesso spirito.

Essi decideranno il più rapidamente possibile in merito alle domande per incontri familiari che abbiano carattere d’urgenza; in merito a quelle per la riunificazione delle famiglie e per il matri- monio fra cittadini di Stati diversi, secondo la prassi normale, entro sei mesi e per quelle relative ad altri incontri familiari entro limiti di tempo gradualmente ridotti.

Essi confermano che la presentazione o il rinnovo delle domande relative a questi casi non modifi- cheranno i diritti e gli obblighi dei richiedenti o dei loro familiari per quanto riguarda, fra l’altro, l’occupazione, l’alloggio, il permesso di residenza, l’assistenza familiare e l’accesso all’assistenza sociale, economica o educativa, nonché altri diritti ed obblighi derivanti dalle leggi e dai regola- menti del corrispondente Stato partecipante.

Gli Stati partecipanti forniranno le necessarie informazioni sulle procedure che i richiedenti dovranno seguire in tali casi e sui regolamenti che dovranno osservare e inoltre, su domanda del richiedente, forniranno i moduli relativi.

Essi ridurranno gradualmente, ove necessario, gli oneri imposti in relazione a tali domande, com- presi quelli per visti e passaporti, al fine di portarli ad un livello moderato rispetto al reddito medio mensile nel corrispondente Stato partecipante.

I richiedenti saranno informati il più rapidamente possibile sulla decisione presa. In caso di rifiuto i richiedenti saranno anche informati del loro diritto di ripresentare la domanda dopo periodi di tempo ragionevolmente brevi.

158 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(20) Gli Stati partecipanti rispetteranno pienamente il diritto di ciascuno • alla libertà di movimento e di residenza entro i confini di ciascuno Stato, e • di lasciare qualsiasi paese, compreso il proprio, e di fare ritorno nel proprio paese.

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(1) Nel dare attuazione alle disposizioni sui contatti fra persone enunciate nell’Atto Finale, nel Documento Conclusivo di Madrid e nel presente Documento, [gli Stati partecipanti] rispetteranno pienamente gli obblighi assunti in base al diritto internazionale, quali richiamati nel paragrafo del presente Documento dedicato ai principi, in particolare la libertà di ogni persona di lasciare qualsiasi paese, compreso il proprio, e di far ritorno al proprio paese, nonché gli impegni interna- zionali da essi assunti in tale settore.

(2) Essi assicureranno che le proprie politiche concernenti l’ingresso nei rispettivi territori siano pienamente conformi ai fini enunciati nelle pertinenti disposizioni dell’Atto Finale, del Documento Conclusivo di Madrid e del presente Documento.

(3) Essi assumeranno le necessarie iniziative per evadere nel più breve tempo possibile, ma in ogni caso non oltre sei mesi, tutte le domande, basate sulle disposizioni relative ai contatti fra persone dell’Atto Finale e del Documento Conclusivo di Madrid, ancora in sospeso al momento della con- clusione della Riunione di Vienna nel quadro dei Seguiti della CSCE.

(4) Essi effettueranno in seguito regolari revisioni per accertare che tutte le domande basate sulle disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE siano trattate in maniera conforme a tali disposizioni. 3 (5) Essi decideranno sulle domande relative ad incontri familiari con conformemente all’Atto Finale e agli altri citati documenti CSCE nel più breve tempo possibile, nella prassi normale entro un mese.

(6) Essi decideranno nella stessa maniera sulle domande relative alla riunificazione delle famiglie e ai matrimoni fra cittadini di Stati diversi, normalmente entro tre mesi.

(7) Considerando favorevolmente le domande relative a incontri familiari, essi terranno debito conto dei desideri del richiedente, in particolare per quanto riguarda il periodo e una durata suf- ficientemente lunga di tali incontri, nonché l’intenzione di compiere viaggi con altri membri della propria famiglia per incontri familiari comuni.

(8) Considerando favorevolmente le domande relative a incontri familiari, essi consentiranno anche visite a e da parenti meno prossimi.

(9) Considerando favorevolmente le domande concernenti la riunificazione delle famiglie o i matri- moni fra cittadini di Stati diversi, essi rispetteranno i desideri dei richiedenti per quanto riguarda il paese di destinazione che sia disposto ad accoglierli.

(10) Essi presteranno particolare attenzione alla soluzione dei problemi concernenti la riunifica- zione dei figli minorenni con i propri genitori. In tale contesto e sulla base delle pertinenti dispo- sizioni dell’Atto Finale e degli altri citati documenti CSCE assicureranno

159 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

• che una domanda al riguardo presentata quando il figlio è minorenne sia trattata favorevolmente e sollecitamente per realizzare la riunificazione senza ritardi; e • che si prendano provvedimenti adeguati per proteggere gli interessi e il benessere dei figli in questione.

(11) Essi considereranno l’opportunità di ridurre gradualmente ed infine eliminare qualsiasi disposizione che richieda ai viaggiatori di acquistare valuta locale in eccedenza rispetto a quanto necessario per le spese prevedibili, dando priorità alle persone che viaggiano per incontri fami- liari. Concederanno a tali persone la possibilità pratica di portare con sé, in entrata e in uscita, beni personali o regali.

(12) Essi presteranno immediata attenzione alle domande di viaggio per motivi umanitari urgenti e le tratteranno favorevolmente come segue: • nei casi di visite a un familiare gravemente ammalato o moribondo, di viaggi per partecipare ai funerali di un familiare o di viaggi di persone che hanno la comprovata necessità di un urgente trattamento sanitario o per le quali si possa evidenziare un’affezione critica o terminale, essi decideranno in merito alla domanda entro tre giorni lavorativi; • nei casi di viaggi di persone gravemente ammalate o di anziani e di altri viaggi di carattere uma- nitario urgente, essi decideranno in merito alle domande con la massima sollecitudine possibile. • Essi faranno in modo che le competenti autorità locali, regionali e centrali, responsabili dell’ap- plicazione di quanto sopra, intensifichino i propri sforzi e assicureranno che i diritti dovuti per il trattamento prioritario di tali domande non superino i costi effettivamente sostenuti.

(13) Nel considerare le domande di viaggio per incontri familiari, riunificazione di famiglie o matri- moni fra cittadini di Stati diversi, essi assicureranno che i diritti del richiedente, quali previsti nei pertinenti strumenti internazionali, non siano pregiudicati a causa di atti od omissioni da parte di membri della sua famiglia.

(14) Essi provvederanno affinché tutti i documenti necessari a corredo delle domande connesse con le disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE siano facilmente conseguibili dal richiedente. I documenti resteranno validi fintanto che l’esame della domanda è in corso. In caso di ripresentazione della domanda si prenderanno in considera- zione i documenti già presentati dal richiedente in occasione di precedenti domande.

(15) Essi semplificheranno le procedure e ridurranno gradualmente i requisiti amministrativi per le domande di cui alle disposizioni sui contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE.

(16) Essi assicureranno che, allorché le domande di cui alle disposizioni relative ai contatti fra per- sone dell’Atto Finale e degli altri citati documenti CSCE vengono respinte per motivi specificati negli strumenti internazionali pertinenti, al richiedente sia data senza indugi e per iscritto noti- fica ufficiale della motivazione su cui si fonda la decisione. Di regola e in tutti i casi in cui il richie- dente lo esiga, questi sarà adeguatamente informato sulle procedure da seguire per utilizzare, contro la decisione, tutti i ricorsi effettivi, amministrativi o giudiziari a disposizione dell’interes- sato, come previsto negli strumenti internazionali summenzionati. Qualora si tratti di uscita dal paese per stabilirsi permanentemente all’estero, tale informazione sarà fornita contestualmente alla notifica ufficiale sopra prevista.

(17) Se, in tale contesto, una domanda di viaggio all’estero viene respinta per motivi di sicu- rezza nazionale, essi assicureranno che, entro limiti di tempo strettamente giustificati, la durata

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di qualsiasi restrizione al viaggio dell’interessato sia quanto più breve possibile e che tale restri- zione non venga applicata in modo arbitrario. Essi inoltre assicureranno che il richiedente possa far riesaminare la decisione di rifiuto entro sei mesi e quindi, ove si rendesse necessario, a intervalli regolari in modo da tener conto degli eventuali mutamenti nelle circostanze che l’hanno deter- minata, quali il tempo trascorso da quando il richiedente è stato per l’ultima volta impegnato in impieghi o funzioni che coinvolgevano la sicurezza nazionale. Prima che le persone assumano tali impieghi o funzioni, sarà ufficialmente notificato alle stesse se e in che modo ciò potrebbe pregiu- dicare le domande che esse possano presentare per tali viaggi all’estero.

(18) Essi pubblicheranno e renderanno facilmente accessibili entro un anno dalla conclusione della Riunione di Vienna nel quadro dei Seguiti della CSCE, qualora ciò non sia già stato fatto, tutte le loro leggi e regolamenti relativi agli spostamenti delle persone all’interno del territorio nazio- nale e ai viaggi in altri Stati.

(19) Nel considerare favorevolmente le domande connesse con le disposizioni relative ai contatti fra persone dell’Atto Finale e degli altri citati documenti CSCE, essi assicureranno che a queste sia dato esito tempestivamente, anche per tener debito conto degli interessi di natura familiare, per- sonale o professionale che hanno rilevanza per il richiedente.

(20) Essi considereranno favorevolmente le domande di viaggio all’estero senza discriminazioni di alcun genere, quali razza, colore, sesso, lingua, religione, opinioni politiche o di altro genere, origine nazionale o sociale, censo, nascita, età o altra situazione. Essi assicureranno che un rifiuto non pregiudichi le domande presentate da altre persone.

(21) Essi faciliteranno, inoltre, i viaggi su base individuale o collettiva per motivi personali e pro- fessionali nonché per turismo, quali i viaggi di delegazioni, gruppi o individui. A tal fine essi ridur- ranno al minimo il tempo per l’esame delle domande relative a tali viaggi.

(22) Essi prenderanno in seria considerazione le proposte per la conclusione di accordi sul rilascio 3 di visti di ingresso multipli e sul reciproco snellimento delle formalità di rilascio dei visti e consi- dereranno le possibilità di realizzare, mediante accordo, la reciproca abolizione dei visti di ingresso.

(23) Essi considereranno l’adesione ai pertinenti strumenti multilaterali nonché la conclusione, se necessario, di accordi complementari o di altri accordi bilaterali, al fine di migliorare le disposi- zioni intese ad assicurare un’efficace assistenza consolare, legale e medica ai cittadini degli altri Stati partecipanti che si trovino temporaneamente nel loro territorio.

(24) Essi adotteranno ogni misura necessaria per assicurare che, ove ciò non sia già il caso, sia garantita in modo appropriato la sicurezza personale dei cittadini di altri Stati partecipanti che si trovino temporaneamente nel loro territorio per motivi personali o professionali, fra l’altro allo scopo di partecipare ad attività culturali, scientifiche ed educative. (…)

(31) Essi assicureranno che lo status delle persone appartenenti a minoranze nazionali o a culture regionali che si trovano nei propri territori sia uguale a quello degli altri cittadini per quanto riguarda i contatti fra persone ai sensi dell’Atto Finale e degli altri citati documenti CSCE, compresi l’instau- razione e il mantenimento di tali contatti, mediante viaggi e altri mezzi di comunicazione, anche con cittadini di altri Stati aventi una comune origine nazionale o un retaggio culturale comune.

(32) Essi consentiranno ai credenti, ai culti religiosi e ai loro rappresentanti, in gruppi o indivi- dualmente, di stabilire e mantenere contatti personali diretti e comunicazioni gli uni con gli altri

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nel proprio paese e in altri paesi, fra l’altro con viaggi, pellegrinaggi e con la partecipazione a riu- nioni e ad altri avvenimenti religiosi. In tale contesto, e nella misura adeguata a tali contatti ed avvenimenti, sarà consentito agli interessati di acquistare, ricevere e portare con sé pubblicazioni e oggetti connessi con la pratica della loro religione o convinzione

Copenhagen 1990

(9) Gli Stati partecipanti riaffermano che: (…) (9.5) essi rispetteranno il diritto di ciascuno a lasciare qualsiasi paese, ivi compreso il proprio, e di fare ritorno nel proprio paese, conformemente agli obblighi internazionali dello Stato e agli impe- gni CSCE. Restrizioni a tale diritto devono costituire rarissime eccezioni, possono considerarsi necessarie solo se rispondono ad un’esigenza pubblica specifica, perseguono un obiettivo legittimo e sono ad esso proporzionate, e non ne viene fatto abuso né applicazione arbitraria, (…) (10.4) consentire ai membri di tali gruppi e organizzazioni di accedere e di comunicare senza impe- dimenti con organismi analoghi all’interno e fuori dei propri paesi e con organizzazioni internazio- nali, di realizzare scambi, contatti e attività di cooperazione con tali gruppi e organizzazioni (…).

(19) Gli Stati partecipanti affermano che movimenti e contatti più liberi tra i propri cittadini sono importanti nel contesto della tutela e della promozione dei diritti dell’uomo e delle libertà fonda- mentali. Essi assicureranno che le proprie politiche concernenti l’ingresso nei rispettivi territori siano pienamente conformi ai fini enunciati nelle disposizioni pertinenti dell’Atto Finale, del Docu- mento Conclusivo di Madrid e del Documento Conclusivo di Vienna. Mentre riaffermano la pro- pria determinazione di non recedere dagli impegni contenuti nei documenti CSCE, essi intendono realizzare pienamente e migliorare gli attuali impegni nel campo dei contatti fra le persone, ivi compresi quelli assunti su una base bilaterale e multilaterale. In tale contesto essi (19.1) si adopereranno affinché le procedure di ingresso nei propri territori, inclusi il rilascio di visti, nonché il controllo dei passaporti e doganali, siano effettuati in buona fede e senza ingiustificati ritardi. Ove necessario, essi ridurranno il tempo d’attesa per il rilascio dei visti nonché provvede- ranno a snellire le pratiche e ridurranno i requisiti amministrativi riguardanti le domande di visto, (19.2) nell’esaminare le domande di visto, essi faranno in modo che queste siano evase il più spe- ditamente possibile tenendo debito conto, fra l’altro, di importanti motivi di ordine familiare, per- sonale o professionale, particolarmente nei casi di urgente carattere umanitario, (19.3) cercheranno, ove necessario, di ridurre al minimo livello i costi relativi alle domande di visto.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Conformemente ai nostri impegni CSCE, sottolineiamo che la libertà di movimento e di contatti tra i nostri cittadini nonché il libero flusso delle informazioni e delle idee sono fattori cruciali per il mantenimento e lo sviluppo di società libere e di culture vive. (…)

Mosca 1991

(33) Gli Stati partecipanti elimineranno tutte le restrizioni giuridiche e di altro genere, concer- nenti gli spostamenti nei loro territori per i propri cittadini e per gli stranieri, e quelle concernenti la residenza per coloro che hanno il diritto alla residenza permanente, eccetto le restrizioni che possano essere necessarie e ufficialmente dichiarate per interessi militari, di sicurezza, ecologici ed altri legittimi interessi dello stato, conformemente alla loro legislazione nazionale, agli impegni

162 3.1.11 Libertà di circolazione, contatti umani e ricongiungimento familiare

CSCE e agli obblighi internazionali nel campo dei diritti dell’uomo. Gli Stati partecipanti si impe- gnano a mantenere tali restrizioni al minimo.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

40. Essi incoraggeranno le autorità amministrative che si occupano dei cittadini di altri Stati ad attuare pienamente gli impegni CSCE concernenti i viaggi e si asterranno da trattamenti degra- danti e da altri oltraggi contro la dignità personale.

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

2. Gli Stati partecipanti all’OSCE riconfermano gli obblighi e gli impegni assunti in materie ine- renti alle frontiere a tutti i livelli: 2.1 a livello globale: relativamente alla sicurezza e alla gestione delle frontiere, gli Stati parteci- panti all’OSCE riconfermano gli impegni assunti ai sensi del diritto internazionale, con partico- lare riguardo ai diritti dell’uomo, ai diritti dei rifugiati e al diritto umanitario, e possono anche prendere in considerazione gli standard stabiliti e le raccomandazioni formulate dall’Organizza- zione mondiale delle dogane, dall’Organizzazione internazionale per le migrazioni, dall’Organiz- zazione internazionale del lavoro, dall’Alto Commissario delle Nazioni Unite per i rifugiati e da altre organizzazioni internazionali pertinenti; (…)

4. Gli Stati partecipanti promuoveranno la cooperazione fra i rispettivi servizi di frontiera, autorità doganali, agenzie incaricate del rilascio di documenti di viaggio e visti, forze di polizia e agenzie per la migrazione, nonché fra altre pertinenti strutture nazionali, al fine di conseguire i seguenti obiettivi: 3 4.1 promuovere la libera e sicura circolazione di persone (…) attraverso le frontiere, conforme- mente ai pertinenti ordinamenti giuridici, al diritto internazionale e agli impegni OSCE, tra l’al- tro, migliorando la sicurezza dei documenti di viaggio e favorendo, come appropriato, circostanze che consentano la liberalizzazione del regime dei visti, nello spirito degli impegni assunti nei docu- menti sopraccitati; (…)

4.5 assicurare che tutte le persone che intendono attraversare le frontiere siano trattate in modo dignitoso, conformemente ai pertinenti quadri giuridici nazionali, al diritto internazionale, in parti- colare ai diritti dell’uomo, dei rifugiati e al diritto umanitario, nonché ai pertinenti impegni OSCE;

Amburgo 2016 (Decisione N.4/16 sul rafforzamento del buongoverno e promozione della connettività) (…)

esortando gli Stati partecipanti a favorire la libera circolazione transfrontaliera, in condizioni di sicurezza, di persone, merci, servizi e investimenti, conformemente ai pertinenti quadri giuri- dici, al diritto internazionale e agli impegni dell’OSCE, (…)

163 3.1.12 Rispetto della vita privata e familiare

3.1.12 Rispetto della vita privata e familiare

Si veda anche: II. 3.1.11: Libertà di circolazione, contatti umani e ricongiungimento familiare

Mosca 1991

(24) Gli Stati partecipanti riconfermano il diritto alla tutela della vita privata e familiare, del domi- cilio, della corrispondenza e delle comunicazioni elettroniche. Al fine di evitare qualsiasi ingerenza abusiva o arbitraria dello Stato nella sfera dell’individuo, che sarebbe pregiudizievole per qualsi- asi società democratica, l’esercizio di tale diritto sarà soggetto soltanto alle restrizioni prescritte dalla legge e compatibili con le norme internazionalmente riconosciute relative ai diritti dell’uomo.

In particolare, gli Stati partecipanti assicureranno che perquisizioni e sequestri di persone e di beni mobili e immobili privati abbiano luogo soltanto conformemente a norme che siano giuri- dicamente applicabili.

3.1.13 Diritto alla nazionalità

Si veda anche: II. 4.4: Rifugiati, sfollati, rimpatriati e apolidi

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(55) Riconoscono che ognuno ha il diritto ad una cittadinanza e che nessuno dovrebbe essere pri- vato arbitrariamente della sua cittadinanza.

(56) Sottolineano che tutti gli aspetti della cittadinanza saranno regolati dalle procedure di legge. Adotteranno, come opportuno, misure compatibili con il loro quadro costituzionale per non aumentare l’apolidia.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

19. (…) Riaffermiamo di riconoscere che ciascuno ha diritto ad una cittadinanza e che nessuno deve essere privato arbitrariamente della propria cittadinanza. Ci impegniamo a proseguire i nostri sforzi volti a garantire a ciascuno l’esercizio di tale diritto. Ci impegniamo inoltre a promuovere la tutela internazionale degli apolidi.

3.1.14 Diritti di proprietà

Bonn 1990

Gli Stati partecipanti (…) si adopereranno per conseguire o mantenere quanto segue: (…) • Pieno riconoscimento e tutela di tutti i tipi di proprietà, compresa la proprietà privata, e del diritto dei cittadini di possederla e usarla, nonché dei diritti di proprietà intellettuale,

164 3.2 Diritti economici, sociali e culturali

• Il diritto ad un risarcimento rapido, equo e concreto nel caso in cui la proprietà privata venga espropriata per pubblica utilità, (…)

Copenhagen 1990

(9) Gli Stati partecipanti riaffermano che: (…)

(9.6) ogni persona ha diritto al pacifico godimento della sua proprietà, individualmente o in comune con altri. Nessuno può essere privato della sua proprietà se non per motivi di utilità pub- blica e nel rispetto delle condizioni previste dalla legge che siano conformi agli impegni e agli obblighi internazionali.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che, senza discriminazioni, (…) ogni persona ha il diritto: (…)

di possedere beni individualmente o in comune con altri e di gestire imprese individuali, (…)

3.2 Diritti economici, sociali e culturali

3.2.1 Disposizioni generali

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti; Principi VII-IX) 3 [Gli Stati partecipanti] promuovono e incoraggiano l’esercizio effettivo delle libertà e dei diritti (…) economici, sociali, culturali ed altri che derivano tutti dalla dignità inerente alla persona umana e sono essenziali al suo libero e pieno sviluppo. (…)

Essi si adopereranno (…) nello sviluppare la loro cooperazione, per migliorare il benessere dei popoli e per contribuire al soddisfacimento delle loro aspirazioni mediante, fra l’altro, i vantaggi risultanti da una maggiore conoscenza reciproca e dal progresso e dalle realizzazioni in campo eco- nomico, scientifico, tecnico, sociale, culturale e umanitario. Essi si adopereranno per promuovere condizioni favorevoli per rendere questi vantaggi accessibili a tutti; essi prenderanno in conside- razione l’interesse di tutti nella riduzione dei divari nei livelli di sviluppo economico, e in parti- colare l’interesse dei paesi in via di sviluppo in ogni parte del mondo.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] ribadiscono parimenti la loro determinazione di sviluppare le loro leggi e regolamenti nel campo dei diritti (…) economici, sociali, culturali e degli altri diritti dell’uomo e delle libertà dell’uomo e delle libertà fondamentali; inoltre ribadiscono la loro determinazione di garantire l’esercizio effettivo di tali diritti e libertà.

165 3.2.2 Diritti economici e sociali

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(12) (…) Essi riconoscono che le libertà e i diritti (…) economici, sociali, culturali ed altri hanno tutti un’importanza capitale e devono essere pienamente realizzati con tutti i mezzi appropriati.

(13) In tale contesto essi (13.1) svilupperanno le loro leggi, regolamenti e politiche nel campo dei diritti (…) economici, sociali, culturali e degli altri diritti dell’uomo e delle libertà fondamentali, e li applicheranno in modo da garantire l’esercizio effettivo di tali diritti e libertà; (13.2) considereranno la possibilità di aderire, se non l’abbiano già fatto, alla Convenzione Inter- nazionale sui Diritti Economici, Sociali e Culturali e ad altri strumenti internazionali pertinenti; (…)

(14) Gli Stati partecipanti riconoscono che la promozione dei diritti economici, sociali, culturali nonché dei diritti civili e politici ha importanza capitale per la dignità umana e per il raggiungi- mento delle legittime aspirazioni di ciascun individuo.

Essi pertanto proseguiranno i loro sforzi al fine di assicurare progressivamente la piena realizza- zione dei diritti economici, sociali e culturali con tutti i mezzi appropriati e, in particolare, anche con l’adozione di misure legislative. In tale contesto essi presteranno particolare attenzione ai pro- blemi esistenti nel campo dell’occupazione, della casa, della sicurezza sociale, della sanità, dell’e- ducazione e della cultura. Essi promuoveranno costanti progressi nell’esercizio di tutti i diritti e delle libertà nei propri paesi nonché nello sviluppo delle relazioni fra loro e con altri Stati, in modo che ciascuno goda effettivamente dei suoi pieni diritti economici, sociali e culturali non- ché dei suoi diritti civili.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che, senza discriminazioni, (…) ogni persona ha il diritto: (…)

di godere dei propri diritti economici, sociali e culturali.

3.2.2 Diritti economici e sociali

A. Disposizioni generali

Bonn 1990

[Gli Stati partecipanti] si adopereranno per conseguire o mantenere quanto segue: (…) • Politiche che favoriscano la giustizia sociale e migliorino le condizioni di vita e di lavoro, (…)

Parigi 1990 (Una nuova era di democrazia, pace e unità)

La libertà economica, la giustizia sociale e la responsabilità ambientale sono indispensabili per la prosperità.

166 3.2.2 Diritti economici e sociali

La libera volontà della persona, esercitata nella democrazia e tutelata dallo stato di diritto, costi- tuisce la base necessaria per un positivo sviluppo economico e sociale. Promuoveremo l’attività economica che rispetta e sostiene la dignità umana.

La libertà e il pluralismo politico sono elementi necessari nel nostro comune obiettivo di sviluppare economie di mercato verso una crescita economica sostenibile, la prosperità, la giustizia sociale, una crescente occupazione e l’efficiente utilizzazione delle risorse economiche. Il successo della tran- sizione all’economia di mercato da parte di paesi che spiegano i propri sforzi in tal senso è impor- tante e nell’interesse di tutti noi; ci consentirà di partecipare ad un più elevato livello di prosperità, il che costituisce il nostro obiettivo comune. Coopereremo a tal fine.

Istanbul 1999 (Carta per la sicurezza europea: I. Le nostre sfide comuni)

5. Gravi problemi economici e degrado ambientale possono comportare serie conseguenze per la nostra sicurezza. (…) Potenzieremo le nostre risposte a tali minacce mediante la costante attua- zione di riforme economiche e ambientali, assicurando strutture stabili e trasparenti per l’attività economica e promuovendo le economie di mercato, tenendo presenti, nel contempo, i diritti eco- nomici e sociali. (…)

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

14. Tra i fattori economici che minacciano la stabilità e la sicurezza figurano crescenti disparità economiche e sociali, assenza dello stato di diritto, debole capacità di governo nel settore pub- blico e privato, corruzione, povertà diffusa ed elevata disoccupazione. Tali fattori possono offrire un terreno fertile per altre gravi minacce. Il degrado ambientale, l’uso non sostenibile delle risorse naturali, la cattiva gestione dei rifiuti e l’inquinamento colpiscono i sistemi ecologici e hanno un notevole impatto negativo sulla salute, sul benessere, sulla stabilità e sulla sicurezza degli Stati. 3 Anche i disastri ecologici possono avere effetti analoghi. Problemi di governo connessi a tali fat- tori hanno un effetto destabilizzante diretto e al tempo stesso riducono la capacità di assicurare uno sviluppo economico e sociale sostenibile, nonché di affrontare efficacemente le sfide econo- mico-ambientali e le minacce alla sicurezza e alla stabilità.

Maastricht 2003 (Documento di strategia dell’OSCE per la dimensione economica e ambientale)

2.2 Rafforzare il buongoverno (…)

Condizioni sociali

2.2.13 Un buongoverno e uno sviluppo sostenibile implicano politiche e sistemi che promuovano la collaborazione e la coesione sociale. Ci adopereremo per migliorare l’accesso alle prestazioni sociali di base, come servizi sanitari accessibili, pensioni e istruzione, e per garantire livelli ade- guati di tutela ai gruppi sociali vulnerabili, nonché per prevenire l’emarginazione sociale. 2.2.14 Siamo determinati ad adottare misure volte a migliorare le condizioni sociali, anche indi- viduando e agevolando gruppi sociali vulnerabili, fornendo reti di sicurezza adeguate ed efficaci, rafforzando i servizi sanitari, incrementando le opportunità di impiego ed attuando programmi di reinserimento. (…)

167 3.2.2 Diritti economici e sociali

2.3 Assicurare uno sviluppo sostenibile 2.3.3 Sosteniamo gli sforzi degli Stati partecipanti volti ad attuare politiche per ridurre la povertà e per realizzare uno sviluppo sostenibile, inclusi i programmi nazionali per la riduzione della povertà di Paesi con economie in transizione. Incoraggeremo organizzazioni e istituzioni inter- nazionali che dispongono della competenza e delle risorse pertinenti a prestare la necessaria con- sulenza e assistenza.

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

4.6 creare condizioni favorevoli per lo sviluppo sociale ed economico delle zone di confine, non- ché per la prosperità e lo sviluppo culturale dei cittadini appartenenti a tutte le comunità che risie- dono in tali zone, garantendo loro l’accesso a tutte le opportunità;

B. Diritti dei lavoratori

Si veda anche: II. 4.5: Lavoratori migranti

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Bonn 1990 (Preambolo)

(…) gli Stati partecipanti,

Riconoscendo la relazione fra pluralismo politico ed economie di mercato ed essendo impegnati ad osservare i principi riguardanti: (…) • Un’attività economica che conseguentemente tuteli la dignità dell’uomo e non implichi lavoro forzato, discriminazione nei confronti dei lavoratori per motivi di razza, sesso, lingua, opinioni politiche o religione, e non neghi il diritto dei lavoratori di costituire liberamente sindacati indi- pendenti o di aderirvi,

Si adopereranno per conseguire o mantenere quanto segue: (…)

168 3.2.2 Diritti economici e sociali

Copenhagen 1990

(9) Gli Stati partecipanti riaffermano che: (…)

(9.3) — il diritto di associazione sarà garantito. Sarà garantito il diritto di creare un sindacato e, fatta riserva del diritto generale dei sindacati di stabilire le proprie condizioni di associazione, quello di aderire liberamente a un sindacato. Tali diritti escludono qualsiasi controllo preventivo. La libertà di associazione dei lavoratori, ivi compreso il diritto di sciopero, sarà garantita, fatte salve le limitazioni previste dalla legge e che siano conformi alle norme internazionali,

Vilnius 2011 (Dichiarazione sulla lotta a tutte le forme di tratta di esseri umani)

14. Riconosciamo che, al fine di prevenire in modo efficace la tratta di esseri umani a fini di sfrut- tamento del lavoro, i diritti del lavoro devono essere rispettati. Raccomandiamo di elaborare e attuare misure per migliorare le prassi lavorative e promuovere l’effettiva applicazione dei diritti del lavoro internazionalmente riconosciuti, attraverso metodi quali ispezioni sui posti di lavoro, monitoraggio delle agenzie di impiego private ed elaborazione di altri programmi che sostengano i lavoratori nell’esercizio dei propri diritti.

15. Incoraggiamo gli Stati partecipanti a collaborare con le imprese affinché si applichino prin- cipi di debita diligenza e trasparenza nel valutare e far fronte ai rischi di sfruttamento in tutte le catene di approvvigionamento, nonché ad assicurare che i lavoratori abbiano accesso ai mec- canismi di risarcimento e tutela giuridica previsti per le pratiche abusive. Incoraggiamo la diffu- sione e l’attuazione dei Principi guida delle Nazioni Unite su imprese e diritti umani. Incoraggiamo parimenti i Governi a considerare la possibilità di introdurre standard analoghi, incluse politiche di “tolleranza zero”, per gli appalti governativi di beni e servizi.

Amburgo 2016 (Decisione N.4/16 sul rafforzamento del buongoverno e promozione della 3 connettività) (…)

Rafforzamento del buongoverno attraverso l’adesione alle norme sociali, ambientali e del lavoro

15. Incoraggia gli Stati partecipanti a favorire trasporti e scambi commerciali in condizioni di sicu- rezza prevenendo al contempo i traffici illeciti conformemente alle disposizioni del diritto interna- zionale e degli accordi sottoscritti dall’OSCE, nonché a intensificare gli sforzi volti a superare sfide come lo sfruttamento della manodopera e luoghi di lavoro scarsamente ispezionati e regolamentati;

16. invita gli Stati partecipanti ad adoperarsi per una migliore attuazione delle norme sociali, ambientali e del lavoro internazionalmente riconosciute delle Nazioni Unite, dell’OIL e, ove appro- priato, dell’OCSE;

17. sprona gli Stati partecipanti a promuovere, in cooperazione con il settore privato, modelli di produzione e di consumo sostenibile basati sulle norme sociali, ambientali e del lavoro inter- nazionalmente riconosciute;

169 3.2.3 Diritti culturali/patrimonio culturale

ambientali e del lavoro internazionalmente riconosciute, rafforzare il buongoverno e promuovere la trasparenza nelle procedure di aggiudicazione degli appalti pubblici; (…)

3.2.3 Diritti culturali/patrimonio culturale

Si veda anche: II. 3.1.10 C: Libertà di espressione culturale o artistica II. 4.1: Minoranze nazionali II. 4.2: Rom e Sinti II. 5.3.5: Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Cracovia 1991 (Preambolo)

[Gli Stati partecipanti] prendono atto dell’interdipendenza tra la vita culturale e il benessere dei loro popoli, e della particolare importanza che ciò riveste per i paesi democratici in transizione verso un’economia di mercato. Essi incoraggiano il sostegno, come già intrapreso, e gli aiuti in corso a questi paesi per la preservazione e la tutela del loro retaggio culturale. (…)

La diversità culturale regionale è un’espressione della ricchezza della comune identità culturale degli Stati partecipanti. La sua preservazione e la sua tutela contribuiscono ad edificare un’Europa democratica, pacifica e unita. (…)

II. Cultura e Retaggio

10. Gli Stati partecipanti esprimono la loro ben radicata convinzione che il retaggio culturale di cia- scuno di essi costituisce una parte inalienabile della loro civiltà, della loro memoria e della loro storia comune da trasmettere alle generazioni future.

11. Gli Stati partecipanti prendono atto delle definizioni di proprietà archeologica, del retaggio culturale e del retaggio architettonico contenute nei pertinenti documenti internazionali del Con- siglio d’Europa e dell’UNESCO.

12. La completa e permanente documentazione di siti, strutture, paesaggi culturali, oggetti e sistemi culturali, inclusi i monumenti storici, religiosi e culturali nella loro forma attuale, è una delle più importanti eredità del retaggio culturale da trasmettere alle future generazioni.

13. Gli Stati partecipanti riconoscono inoltre come elementi vitali del loro retaggio culturale comune il retaggio di quelle culture che, in ragione di barriere linguistiche, di fattori climatici e geogra- fici, di scarsità di popolazione o a causa di svolte storiche e avvenimenti politici, non sono state ampiamente accessibili.

14. Gli Stati partecipanti si adopereranno per tutelare il retaggio culturale, conformemente ai per- tinenti accordi internazionali e alle loro legislazioni nazionali.

170 3.2.3 Diritti culturali/patrimonio culturale

15. Gli Stati partecipanti presteranno attenzione alla preservazione, alla valorizzazione e al restauro del retaggio culturale nell’elaborare politiche di pianificazione culturale, ambientale, regionale ed urbanistica. Essi inoltre rilevano l’importanza di collocare i singoli progetti di conservazione nell’autentico ambiente urbano o rurale, ove appropriato e ogniqualvolta possibile.

16. Gli Stati partecipanti riconoscono l’importanza di rendere quanto più accessibile il proprio retaggio culturale. Nel fare ciò, essi presteranno particolare attenzione alle esigenze dei porta- tori di handicap. 16.1 Essi si adopereranno per salvaguardare il retaggio dai danni che possono essere provocati dalla sua gestione e dall’accesso del pubblico ad esso. 16.2 Essi promuoveranno nel pubblico la consapevolezza del valore del retaggio e della necessita di tutelarlo. 16.3 Essi cercheranno, ogniqualvolta possibile, di agevolare ai ricercatori e agli studiosi l’accesso ad importanti documenti originali e materiali di archivio.

17. Gli Stati partecipanti rilevano con favore il ruolo delle associazioni non governative nel pro- muovere la consapevolezza del retaggio e dell’esigenza di tutelarlo.

18. Le associazioni fra diversi gruppi a livello locale, regionale e nazionale, del settore pubblico e privato, sono atte ad assicurare un’effettiva e significativa preservazione del retaggio culturale. La preservazione ed il significato dei valori e del retaggio culturale di gruppi diversi saranno valo- rizzati con il coinvolgimento di tali gruppi, il che contribuisce alla tolleranza e al rispetto delle diverse culture che sono elementi di importanza fondamentale.

19. Gli Stati partecipanti prendono atto dell’utilità e dell’importanza di scambiare informazioni sulla preservazione del retaggio culturale e riconoscono che l’utilizzazione di banche dati, a livello nazionale e multilaterale, potrebbe costituire un utile contributo a tale opera. 3 Mosca 1991

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

171 3.2.4 Diritto all’istruzione

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

condannando fermamente la distruzione di siti religiosi e del patrimonio culturale, ivi inclusa la distruzione mirata di siti dichiarati patrimonio dell’umanità dall’UNESCO, da parte di terro- risti, combattenti terroristi stranieri affiliati all’ISIL e altri gruppi terroristici, (…)

3.2.4 Diritto all’istruzione

Si veda anche: Vol. 2: Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori > 4. Cooperazione e scambi nel campo dell’educazione) Vol. 2: Madrid 1983 (Cooperazione nel settore umanitario e in altri settori > Cooperazione e scambi nel campo dell’educazione) Vol. 2: Vienna 1989 (Cooperazione nel settore umanitario e in altri settori > Cooperazione e scambi nel campo dell’educazione)

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(63) [Gli Stati partecipanti] assicureranno l’accesso ai vari tipi e livelli di educazione a tutti senza discriminazione di razza, colore, sesso, lingua, religione, opinioni politiche o altre, origine nazio- nale o sociale, censo, nascita o altra situazione.

Copenhagen 1990

(34) Gli Stati partecipanti si adopereranno per assicurare che le persone appartenenti a mino- ranze nazionali, ferma restando l’esigenza di apprendere la lingua o le lingue ufficiali dello Stato in questione, dispongano di opportunità adeguate per fruire dell’istruzione della loro madrelin- gua o nella loro madrelingua (…).

Nel contesto dell’insegnamento della storia e della cultura nelle istituzioni educative essi terranno conto, inoltre, della storia e della cultura delle minoranze nazionali.

Milano 2018 (Decisione N.5/18 sullo sviluppo del capitale umano nell’era digitale)

Il Consiglio dei ministri, (…)

ricordando gli impegni relativi allo sviluppo del capitale umano (…)

(…) e consapevole che gli investimenti nel capitale umano e la promozione della conoscenza e delle competenze favoriscono la partecipazione economica, l’inclusione sociale e la crescita sostenibile che sono tra loro interdipendenti e contribuiscono alla prosperità, alla fiducia, alla stabilità, alla sicurezza e alla cooperazione nell’area OSCE,

tenendo conto delle conseguenze derivanti dalla trasformazione digitale e della loro rapida evolu- zione che portano al progresso e alla prosperità, ma anche all’insorgere di nuove o più insidiose sfide e minacce potenziali,

172 3.2.4 Diritto all’istruzione

consapevole che i cambiamenti nel mercato del lavoro introdotti dalla trasformazione digitale pos- sono potenzialmente accrescere le disparità economiche e sociali e che è d’uopo consacrare mag- giore attenzione allo sviluppo del capitale umano, con particolare riguardo alle donne, ai giovani e alle persone con disabilità, soprattutto nei settori economici ad alta intensità di lavoro e con risorse umane poco qualificate,

riconoscendo che lo sviluppo del capitale umano, anche in ambito digitale, può contribuire a ren- dere le economie e le società più resilienti alla corruzione attraverso i suoi effetti positivi su una manodopera informata e qualificata, sullo sviluppo sostenibile, la creazione di posti di lavoro e di ricchezza,

determinato a promuovere l’apprendimento permanente e la formazione professionale lungo tutto l’arco della vita lavorativa come strumenti essenziali per lo sviluppo del capitale umano e il supe- ramento dei divari digitali, in particolare per le donne e le ragazze in ambito scientifico, tecnolo- gico, ingegneristico e matematico,

riconoscendo che le nuove forme di impiego derivanti dalla trasformazione digitale dell’econo- mia presentano opportunità e sfide e che tali cambiamenti del mercato del lavoro possono incenti- vare la crescita economica e la creazione di posti di lavoro, ma anche incidere sulla stabilità sociale e dell’occupazione, (…)

riconoscendo, nel contesto della digitalizzazione dell’economia, la necessità di rafforzare la resi- lienza della forza lavoro e di adattare le politiche sul mercato del lavoro al fine di favorire la cre- azione di posti di lavoro nel pieno rispetto della dignità umana e dei diritti umani, una crescita economica sostenibile e inclusiva, e pari opportunità di partecipazione delle donne e degli uomini al mercato del lavoro, 3 riconoscendo che lo sviluppo del capitale umano può contribuire all’attuazione dell’Agenda 2030 delle Nazioni Unite per lo sviluppo sostenibile,

1. incoraggia gli Stati partecipanti a sostenere lo sviluppo del capitale umano al fine di gestire la transizione verso economie sempre più automatizzate e digitali, anche attraverso partenariati pubblico-privati e la cooperazione tra più parti interessate;

2. incoraggia gli Stati partecipanti a promuovere l’apprendimento permanente, dalla educazione nella prima infanzia all’apprendimento lungo tutto l’arco della vita lavorativa, quale pilastro fon- damentale per gestire tale transizione;

3. esorta gli Stati partecipanti a promuovere l’accesso a una istruzione di qualità, alla forma- zione, all’accrescimento delle competenze e alla riqualificazione professionale al fine di favorire le opportunità di impiego agevolando un accesso non discriminatorio per le donne, i giovani e le persone con disabilità, e con particolare riguardo a quanti lavorano nelle industrie ad alta inten- sità di manodopera;

4. incoraggia gli Stati partecipanti, ove appropriato, a promuovere l’istruzione, la formazione e la riconversione professionale, in particolare per le donne e le ragazze soprattutto in ambito scien- tifico, tecnologico, ingegneristico e matematico, quale misura fondamentale per colmare i divari digitali e accrescere l’emancipazione delle donne attraverso la creazione di opportunità anche nella sfera economica;

173 3.2.4 Diritto all’istruzione

5. invita gli Stati partecipanti a consolidare i quadri strategici e istituzionali per favorire modelli imprenditoriali innovativi e un clima favorevole agli investimenti, promuovere la creazione di posti di lavoro e una crescita economica sostenibile e inclusiva;

6. incoraggia gli Stati partecipanti a interessare il settore privato, la società civile, i sindacati, il mondo accademico e altri soggetti pertinenti al fine di individuare e dare risposte alle necessità in termini di sviluppo del capitale umano nonché a collaborare all’elaborazione e all’attuazione di norme e strategie pertinenti;

7. esorta gli Stati partecipanti a esaminare ulteriormente le opportunità e le sfide insite nelle nuove forme di impiego offerte dalla trasformazione digitale dell’economia anche al fine di garantire una adeguata tutela sociale;

8. incoraggia gli Stati partecipanti a promuovere iniziative volte a contrastare la corruzione nei settori dell’istruzione e della formazione e a garantire un accesso aperto, equo e scevro da qual- siasi forma di corruzione al mondo dell’istruzione, delle competenze digitali e delle opportunità di formazione;

9. incoraggia gli Stati partecipanti ad avvalersi dell’OSCE per agevolare lo scambio di migliori prassi e promuovere iniziative tese a sviluppare le capacità conformemente alle disposizioni della presente decisione;

10. incoraggia gli Stati partecipanti ad accrescere la cooperazione nel campo dello sviluppo del capitale umano, anche con le pertinenti organizzazioni internazionali, al fine di ampliare e faci- litare l’accesso agli istituti di istruzione, di ricerca e di formazione, con particolare riguardo alla promozione delle competenze digitali;

11. incarica le pertinenti strutture esecutive dell’OSCE, incluse le sue operazioni sul terreno, nell’am- bito dei rispettivi mandati e delle risorse disponibili, di fornire assistenza agli Stati partecipanti che ne facciano richiesta nell’attuazione delle disposizioni della presente decisione;

12. incoraggia i Partner per la cooperazione ad attuare volontariamente le disposizioni della pre- sente decisione.

174 4. Impegni relativi ai diritti umani con particolare attenzione a gruppi specifici 4.1 Minoranze nazionali

4.1 Minoranze nazionali

Si veda anche: I. 2.3.4 B: Alto Commissario per le minoranze nazionali II. 4.2: Rom e Sinti II. 5: Impegni relativi a uguaglianza, tolleranza e non discriminazione

4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VII)

Gli Stati partecipanti nel cui territorio esistono minoranze nazionali rispettano il diritto delle per- sone appartenenti a tali minoranze all’uguaglianza di fronte alla legge, offrono loro la piena pos- sibilità di godere effettivamente dei diritti dell’uomo e delle libertà fondamentali e, in tal modo, proteggono i loro legittimi interessi in questo campo.

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] sottolineano inoltre l’importanza di un costante progresso per garantire il rispetto e l’effettivo godimento dei diritto delle persone appartenenti a minoranze nazionali, nonché per proteggere i loro interessi legittimi come previsto nell’Atto Finale.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(18) Gli Stati partecipanti compiranno sforzi costanti per applicare le disposizioni dell’Atto Finale e del Documento Conclusivo di Madrid riguardanti le minoranze nazionali. Essi adotteranno tutte le necessarie misure legislative, amministrative, giudiziarie ed altre ed applicheranno gli strumenti internazionali pertinenti per essi vincolanti, per assicurare la tutela dei diritti dell’uomo e delle libertà fondamentali delle persone che appartengono a minoranze nazionali nel loro territorio. Essi si asterranno da qualsiasi discriminazione contro tali persone e contribuiranno alla realizzazione dei loro legittimi interessi ed aspirazioni nel campo dei diritti dell’uomo e delle libertà fondamentali.

Copenhagen 1990

(30) Gli Stati partecipanti riconoscono che le questioni relative alle minoranze nazionali possono essere risolte in maniera soddisfacente solo in un quadro politico democratico basato sullo Stato di diritto, con un sistema giudiziario indipendente e funzionante. Tale quadro garantisce il pieno rispetto dei diritti dell’uomo e delle libertà fondamentali, diritti e condizioni uguali per tutti i cit- tadini, la libera espressione di tutti i loro interessi ed aspirazioni legittimi, il pluralismo politico, la tolleranza sociale e l’applicazione di norme giuridiche che pongano efficaci limitazioni all’a- buso del potere governativo. (…)

Essi inoltre riaffermano che il rispetto dei diritti delle persone appartenenti a minoranze nazio- nali, in quanto parte dei diritti dell’uomo universalmente riconosciuti, è un fattore essenziale per la pace, la giustizia, la stabilità e la democrazia negli Stati partecipanti.

176 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

(31) Le persone appartenenti a minoranze nazionali hanno il diritto di esercitare pienamente ed effettivamente i diritti dell’uomo e le libertà fondamentali senza discriminazioni di alcun genere e in piena eguaglianza dinnanzi alla legge.

Gli Stati partecipanti adotteranno, ove necessario, misure speciali allo scopo di garantire alle per- sone appartenenti a minoranze nazionali piena eguaglianza rispetto agli altri cittadini nell’eser- cizio e nel godimento dei diritti dell’uomo e delle libertà fondamentali.

(32) L’appartenenza ad una minoranza nazionale costituisce una scelta propria di ciascuna per- sona e nessuno svantaggio può derivare dall’esercizio di tale scelta. (…)

Le persone appartenenti a minoranze nazionali possono esercitare e godere dei propri diritti indi- vidualmente nonché in associazione con altri membri del loro gruppo. Nessuno svantaggio può derivare ad una persona appartenente ad una minoranza nazionale a seguito dell’esercizio o del non esercizio di tali diritti. (…)

(35) Gli Stati partecipanti rispettano il diritto delle persone appartenenti a minoranze nazionali di partecipare effettivamente agli affari pubblici, ivi compresa la partecipazione alle questioni rela- tive alla tutela e alla promozione dell’identità di tali minoranze. (…)

(36) Gli Stati partecipanti riconoscono la particolare importanza di una maggiore cooperazione costruttiva tra loro sulle questioni relative a minoranze nazionali. Tale cooperazione cerca di pro- muovere la comprensione e la fiducia reciproche, relazioni amichevoli e di buon vicinato, la pace, la sicurezza e la giustizia internazionali.

Ciascuno Stato partecipante promuove un clima di mutuo rispetto, comprensione, cooperazione e solidarietà tra tutte le persone che vivono sul suo territorio, senza distinzione di origine etnica o nazionale o di religione e incoraggia la soluzione dei problemi attraverso il dialogo fondato sui principi dello Stato di diritto.

(37) Nessuno di questi impegni può essere interpretato nel senso che da esso derivi un diritto a svol- 4 gere qualsiasi attività o compiere qualsiasi azione in contrasto con i fini e i principi dello Statuto delle Nazioni Unite, gli altri obblighi di diritto internazionale o le disposizioni dell’Atto Finale, incluso il principio dell’integrità territoriale degli Stati.

(38) Gli Stati partecipanti, nei loro sforzi volti a tutelare e promuovere i diritti delle persone appar- tenenti a minoranze nazionali, rispetteranno pienamente i propri impegni in base alle convenzioni esistenti sui diritti dell’uomo e agli altri strumenti internazionali pertinenti e prendono in con- siderazione l’adesione alle convenzioni pertinenti, qualora non lo abbiano ancora fatto, ivi com- prese quelle che prevedono il diritto di ricorso da parte dei singoli.

(39) Gli Stati partecipanti coopereranno strettamente in seno alle organizzazioni internazionali competenti di cui essi sono parti, ivi comprese le Nazioni Unite e, come appropriato, il Consiglio d’Europa, tenendo presente le attività da essi svolte per quanto concerne le questioni relative alle minoranze nazionali.

177 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

Parigi 1990 (Una nuova era di democrazia, pace e unità)

(…) Riconosciamo inoltre che i diritti delle persone appartenenti a minoranze nazionali devono essere pienamente rispettati quale parte dei diritti universali dell’uomo. (…)

Ginevra 1991

Gli Stati partecipanti sottolineano la costante importanza di un riesame approfondito dell’attua- zione dei loro impegni CSCE relativi alle persone appartenenti a minoranze nazionali.

Essi mettono in rilievo che i diritti dell’uomo e le libertà fondamentali sono la base per la tutela e la promozione dei diritti delle persone appartenenti a minoranze nazionali. (…)

I problemi concernenti le minoranze nazionali, nonché l’osservanza degli obblighi e degli impe- gni internazionali concernenti i diritti delle persone che vi appartengono, sono questioni di legit- timo interesse internazionale e di conseguenza non costituiscono esclusivamente un affare interno del rispettivo Stato.

Essi rilevano che non tutte le differenze etniche, culturali, linguistiche o religiose portano neces- sariamente alla creazione di minoranze nazionali.

III

(…) gli Stati partecipanti considerano che quando nei loro paesi vengono discusse questioni rela- tive alla situazione delle minoranze nazionali, esse stesse dovrebbero avere l’effettiva opportunità di esservi coinvolte, conformemente alle procedure decisionali di ciascuno Stato. (…)

Essi riconoscono che la promozione del dialogo fra gli Stati, e fra gli Stati e le persone apparte- nenti a minoranze nazionali, avrà soprattutto successo se vi sarà un libero flusso di informazioni e di idee fra tutte le parti. Essi incoraggiano sforzi unilaterali, bilaterali e multilaterali da parte dei Governi per ricercare modi atti a intensificare l’efficacia della loro attuazione degli impegni CSCE relativi alle minoranze nazionali.

Gli Stati partecipanti considerano inoltre che il rispetto dei diritti dell’uomo e delle libertà fonda- mentali deve essere garantito su una base non discriminatoria in tutta la società. Nelle zone abi- tate principalmente da persone appartenenti ad una minoranza nazionale, i diritti dell’uomo e le libertà fondamentali delle persone appartenenti a tale minoranza, delle persone appartenenti alla maggioranza della popolazione del rispettivo Stato, e delle persone appartenenti ad altre mino- ranze nazionali residenti in tali zone, saranno ugualmente tutelati. (…)

Essi consentiranno alle autorità competenti di informare l’Ufficio per le Libere Elezioni di tutte le elezioni pubbliche previste nei loro territori, comprese quelle a livello subnazionale. Gli Stati par- tecipanti considereranno favorevolmente, nei limiti consentiti dalla legge, la presenza di osservatori

178 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

ad elezioni tenute a livello subnazionale, incluse quelle nelle zone abitate da minoranze nazionali, e si adopereranno per facilitarne l’accesso.

Gli Stati partecipanti creeranno per le persone appartenenti a minoranze nazionali condizioni che offrano loro pari opportunità di partecipare effettivamente alla vita pubblica, alle attività econo- miche, ed all’edificazione delle loro società.

Conformemente al paragrafo 31 del Documento di Copenaghen, gli Stati partecipanti adotteranno le misure necessarie per prevenire la discriminazione contro le persone, particolarmente per quanto riguarda l’occupazione, l’alloggio e l’educazione, sulla base della loro appartenenza o meno ad una minoranza nazionale. In tale contesto, essi, qualora non lo abbiano ancora fatto, prenderanno disposizioni per un efficace ricorso a provvedimenti riparatori per gli individui che hanno subito un trattamento discriminatorio in base alla loro appartenenza o meno ad una minoranza nazio- nale, anche mettendo a disposizione delle singole vittime della discriminazione un’ampia gamma di provvedimenti riparatori amministrativi e giudiziari. (…)

Gli Stati partecipanti affermano che le persone appartenenti a una minoranza nazionale godranno degli stessi diritti e avranno gli stessi doveri di cittadinanza del resto della popolazione. (…)

Essi riconoscono che (…) misure, che tengono conto, fra l’altro, delle circostanze storiche e terri- toriali delle minoranze nazionali, sono particolarmente importanti nelle zone in cui le istituzioni democratiche stanno consolidandosi e in cui i problemi delle minoranze nazionali sono oggetto di particolare interesse.

Consapevoli della diversità e del mutare dei sistemi costituzionali fra loro, il che fa sì che nessun singolo approccio sia necessariamente applicabile in modo generalizzato, gli Stati partecipanti rile- vano con interesse che alcuni di loro hanno ottenuto risultati positivi in un modo democratico appropriato, fra l’altro, mediante: (…) 4 • accordi bilaterali e multilaterali ed altre intese concernenti le minoranze nazionali; (…) • creazione di agenzie governative di ricerca per riesaminare la legislazione e diffondere le infor- mazioni connesse con la parità dei diritti e la non-discriminazione; (…) • assistenza governativa per affrontare le difficoltà locali relative a prassi discriminatorie (per esempio, un servizio di consultazione per i cittadini); • incoraggiamento degli sforzi per migliorare le relazioni di base nell’ambito di una comunità fra le comunità minoritarie, fra le comunità maggioritarie e minoritarie, e fra comunità limitrofe al fine di contribuire a prevenire l’insorgere di tensioni locali e affrontare pacificamente i con- flitti qualora questi insorgano; e • incoraggiamento dell’istituzione di commissioni miste permanenti, sia interstatali che regionali, per agevolare la continuazione del dialogo fra le regioni confinanti interessate.

179 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

Gli Stati partecipanti sono dell’avviso che questi o altri approcci, singolarmente o in associazione, potrebbero essere utili per migliorare la situazione delle minoranze nazionali nei loro territori.

Gli Stati partecipanti rispettano il diritto delle persone appartenenti a minoranze nazionali di eser- citare e godere dei propri diritti singolarmente o in comune con altri, di creare e conservare orga- nizzazioni e associazioni nel loro paese, e di partecipare ad organizzazioni internazionali non governative. (…)

VI.

In tale contesto, essi riaffermano il proprio riconoscimento dei particolari problemi dei Rom (zingari). Essi sono disposti ad adottare misure efficaci al fine di conseguire la piena uguaglianza di opportunità fra le persone appartenenti ai Rom solitamente residenti nel loro Stato e il resto della popolazione residente. Essi inoltre incoraggeranno la ricerca e studi riguardanti i Rom nonché i particolari problemi che li confrontano. Essi adotteranno misure efficaci per promuovere la tol- leranza, la comprensione, l’uguaglianza di opportunità e buone relazione fra individui di origini differenti nei loro paesi. (…)

Mosca 1991

(37) Gli Stati partecipanti confermano le disposizioni e gli impegni assunti in tutti i documenti CSCE, in particolare il Documento della Riunione di Copenaghen della Conferenza sulla Dimen- sione Umana della CSCE, concernenti questioni relative alle minoranze nazionali e ai diritti delle persone che vi appartengono, e il rapporto della Riunione CSCE di Esperti sulle Minoranze Nazio- nali di Ginevra, e ne chiedono la piena e pronta attuazione. Essi ritengono che, in particolare, l’uti- lizzazione dei nuovi e più ampi meccanismi e procedure CSCE contribuirà a favorire la tutela e la promozione dei diritti delle persone appartenenti alle minoranze nazionali.

Helsinki 1992 (Decisioni: II. Alto Commissario CSCE per le Minoranze Nazionali)

(1) Gli Stati partecipanti decidono di istituire un Alto Commissario per le Minoranze Nazionali. (…)

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(23) Riaffermano nei termini più energici la loro determinazione di attuare in maniera sollecita e fedele tutti i loro impegni CSCE (…) riguardanti questioni relative alle minoranze nazionali e ai diritti delle persone ad esse appartenenti.

180 4.1.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

alle procedure democratiche decisionali di ciascuno Stato, alla vita politica, economica, sociale e culturale dei loro paesi (…).

(25) Proseguiranno ad esplorare con sforzi unilaterali, bilaterali e multilaterali, nuove vie per una più efficace attuazione dei loro pertinenti impegni CSCE, inclusi quelli relativi alla tutela e alla creazione di condizioni atte a promuovere l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali.

(26) Affronteranno le questioni relative alle minoranze nazionali in maniera costruttiva, con mezzi pacifici e tramite il dialogo fra tutte le parti interessate sulla base dei principi e degli impe- gni della CSCE.

(27) Si asterranno dal reinsediare e condanneranno tutti i tentativi di reinsediamento di persone, mediante la minaccia o l’uso della forza, al fine di cambiare la composizione etnica di zone all’in- terno dei loro territori. (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

21. Gli Stati partecipanti confermano la loro determinazione di promuovere costantemente l’at- tuazione delle disposizioni dell’Atto Finale e di tutti gli altri documenti CSCE relativi alla tutela dei diritti delle persone appartenenti a minoranze nazionali. Essi elogiano l’operato dell’ACMN in tale campo.

22. Gli Stati partecipanti accolgono con favore le iniziative internazionali miranti ad una migliore tutela dei diritti delle persone appartenenti a minoranze nazionali. Essi prendono atto dell’ado- zione, nell’ambito del Consiglio d’Europa, di una Convenzione Quadro sulla Tutela delle Mino- ranze Nazionali, basata sulle norme CSCE al riguardo. Essi hanno sottolineato che la Convenzione è anche aperta, su invito, alla firma degli Stati che non sono membri del Consiglio d’Europa i quali potranno prendere in considerazione la possibilità di aderire a tale Convenzione.

Lisbona 1996 (Dichiarazione su un modello di sicurezza comune e globale per l’Europa del ventunesimo secolo)

(10) (…) 4 – Quale importante contributo alla sicurezza riaffermiamo la nostra determinazione a rispettare e ad attuare pienamente tutti i nostri impegni relativi ai diritti delle persone appartenenti a mino- ranze nazionali. Riaffermiamo la nostra volontà di cooperare pienamente con l’Alto Commissario per le Minoranze Nazionali. Siamo disposti a rispondere alla richiesta di qualsiasi Stato parteci- pante che cerchi soluzioni per le questioni relative alle minoranze sul suo territorio.

Istanbul 1999 (Dichiarazione del Vertice)

30. Ribadiamo il nostro impegno ad assicurare che le leggi e le politiche rispettino pienamente i diritti delle persone appartenenti a minoranze nazionali (…). Sosteniamo inoltre l’adozione e la piena applicazione di una legislazione globale antidiscriminatoria volta a promuovere la piena ugua- glianza di opportunità per tutti. (…) Riaffermiamo la nostra volontà di potenziare gli sforzi volti ad attuare le raccomandazioni dell’Alto Commissario per le Minoranze Nazionali.

181 4.1.2 Partecipazione effettiva alla vita pubblica e politica

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

La tutela e la promozione dei diritti delle persone che appartengono alle minoranze nazionali sono fattori essenziali per la democrazia, la pace, la giustizia e la stabilità all’interno degli Stati parte- cipanti e fra loro. (…) Il pieno rispetto per i diritti dell’uomo, ivi inclusi i diritti delle persone che appartengono a minoranze nazionali, oltre a rappresentare un fine di per sé può non solo non pre- giudicare, ma rafforzare l’integrità territoriale e la sovranità. (…) Condanniamo la violenza nei confronti di qualsiasi minoranza. Ci impegniamo ad adottare misure volte a promuovere la tolle- ranza e a creare società pluralistiche in cui, indipendentemente dall’origine etnica, tutti possano godere di eguali opportunità. (…)

4.1.2 Partecipazione effettiva alla vita pubblica e politica

Copenhagen 1990

Gli Stati partecipanti rilevano gli sforzi intrapresi per tutelare e creare condizioni idonee alla pro- mozione dell’identità etnica, culturale, linguistica e religiosa di determinate minoranze nazionali mediante la costituzione, come uno dei mezzi possibili per conseguire tali finalità, di amministra- zioni locali o autonome adeguate, rispondenti ai fattori specifici storici e territoriali relativi a tali minoranze e conformi alle politiche dello Stato in questione.

Ginevra 1991

III

Rispettando il diritto delle persone appartenenti a minoranze nazionali di partecipare effettiva- mente agli affari pubblici, gli Stati partecipanti considerano che quando nei loro paesi vengono discusse questioni relative alla situazione delle minoranze nazionali, esse stesse dovrebbero avere l’effettiva opportunità di esservi coinvolte, conformemente alle procedure decisionali di ciascuno Stato. Essi considerano inoltre che un’appropriata partecipazione democratica delle persone appar- tenenti a minoranze nazionali o di loro rappresentanti ad organi decisionali o consultivi costitui- sca un elemento importante per la partecipazione effettiva agli affari pubblici.

Essi considerano che si debbano compiere sforzi particolari per risolvere problemi specifici in modo costruttivo e attraverso il dialogo mediante negoziati e consultazioni al fine di migliorare la situa- zione delle persone appartenenti a minoranze nazionali. Essi riconoscono che la promozione del dialogo fra gli Stati, e fra gli Stati e le persone appartenenti a minoranze nazionali, avrà soprattutto successo se vi sarà un libero flusso di informazioni e di idee fra tutte le parti. (…)

182 4.1.3 Identità culturale, linguistica e religiosa e istruzione

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti (…)

(24) In tale contesto intensificheranno i loro sforzi per assicurare il libero esercizio, da parte delle persone appartenenti a minoranze nazionali, individualmente o in comunità con altri, dei loro diritti umani e delle libertà fondamentali, incluso il diritto di partecipare pienamente, conforme- mente alle procedure democratiche decisionali di ciascuno Stato, alla vita politica, economica, sociale e culturale dei loro paesi, anche mediante la partecipazione democratica agli organi deci- sionali e consultivi a livello nazionale, regionale e locale, fra l’altro, tramite i partiti politici e le associazioni. (…)

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…) 4 10. assicura di adoperarsi per far avanzare l’attuazione degli impegni OSCE relativi alle minoranze nazionali e riconosce l’importanza delle raccomandazioni formulate dall’Alto Commissario per le minoranze nazionali in merito (…) alla partecipazione pubblica (…)

4.1.3 Identità culturale, linguistica e religiosa e istruzione

Helsinki 1975 (Cooperazione nel settore umanitario e in altri settori)

(…) Gli Stati partecipanti, riconoscendo il contributo che le minoranze nazionali o le culture regio- nali possono apportare alla cooperazione tra di essi in diversi campi dell’educazione, si propon- gono, laddove esistano sul loro territorio tali minoranze o culture, e tenendo conto degli interessi legittimi dei loro membri, di facilitare questo contributo.

183 4.1.3 Identità culturale, linguistica e religiosa e istruzione

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(19) [Gli Stati partecipanti] proteggeranno e creeranno le condizioni per la promozione dell’iden- tità etnica, culturale, linguistica e religiosa delle minoranze nazionali nel loro territorio. (…)

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(45) [Gli Stati partecipanti] assicureranno concretamente che le persone appartenenti a mino- ranze nazionali o a culture regionali, che si trovano nei propri territori, possano diffondere, rice- vere e scambiare informazioni nella loro madrelingua. (…)

(59) [Gli Stati partecipanti] assicureranno che le persone appartenenti a minoranze nazionali o a culture regionali che si trovano nel loro territorio abbiano ogni opportunità di mantenere e svilup- pare la propria cultura in tutti i suoi aspetti, comprese la lingua, la letteratura, la religione, e che possano preservare i propri monumenti e oggetti culturali e storici. (…)

(68) [Gli Stati partecipanti] assicureranno che le persone appartenenti a minoranze nazionali o a culture regionali che si trovano possano impartire o ricevere un’istruzione sulla propria cultura, fra l’altro, tramite la trasmissione dai genitori ai figli della lingua, della religione e dell’identità culturale.

Copenhagen 1990

(32) (…) Le persone appartenenti a minoranze nazionali hanno il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa e di mantenere e sviluppare la propria cultura in tutti i suoi aspetti, al riparo da ogni tentativo di assimilazione contro la loro volontà. In particolare esse hanno il diritto: (32.1) di usare liberamente la propria madrelingua nella vita privata nonché in quella pubblica, (32.2) di creare e conservare proprie istituzioni, organizzazioni o associazioni educative, culturali e religiose, che possono richiedere contributi finanziari volontari e di altro genere, nonché l’assi- stenza pubblica, conformemente alla legislazione nazionale, (…)

(32.3) di professare e praticare la propria religione, ivi compresi l’acquisizione, il possesso e l’uso di materiali religiosi, nonché di svolgere attività educative religiose nella propria lingua, (…)

Tali misure saranno conformi ai principi di eguaglianza e non discriminazione nei confronti degli altri cittadini dello Stato partecipante interessato.

184 4.1.3 Identità culturale, linguistica e religiosa e istruzione

Nel contesto dell’insegnamento della storia e della cultura nelle istituzioni educative essi terranno conto, inoltre, della storia e della cultura delle minoranze nazionali.

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Affermiamo che l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali sarà tutelata e che le persone appartenenti a minoranze nazionali hanno il diritto di esprimere libe- ramente, preservare e sviluppare tale identità senza discriminazioni di alcun genere ed in piena uguaglianza di fronte alla legge. (…)

Decisi a promuovere il prezioso contributo delle minoranze nazionali alla vita delle nostre società, ci impegniamo a migliorare ulteriormente la loro condizione. Riaffermiamo la nostra profonda convinzione che le relazioni amichevoli fra i nostri popoli, nonché la pace, la giustizia, la stabilità e la democrazia, richiedono che venga tutelata l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali e che vengano create le condizioni per la promozione di tale identità. (…)

Ginevra 1991 (IV) 4 Gli Stati partecipanti sono convinti che la preservazione dei valori e del retaggio culturale delle minoranze nazionali richiede il coinvolgimento delle persone appartenenti a tali minoranze e che la tolleranza ed il rispetto delle diverse culture sono di fondamentale importanza a tale riguardo. Di conseguenza, essi confermano l’importanza di astenersi dall’ostacolare la produzione di materiali culturali concernenti le minoranze nazionali, anche da parte delle persone che vi appartengono.

185 4.1.3 Identità culturale, linguistica e religiosa e istruzione

• amministrazione autonoma da parte di una minoranza nazionale degli aspetti concernenti la pro- pria identità in situazioni in cui non si applica l’autonomia su una base territoriale; (…) • per le persone appartenenti a minoranze nazionali, opportunità di adeguati tipi e livelli di edu- cazione nella loro madrelingua con il dovuto riguardo al numero, ai modelli di insediamento geografico ed alle tradizioni culturali delle minoranze nazionali; • stanziamenti per l’insegnamento delle lingue delle minoranze alla popolazione in generale, non- ché inserimento delle lingue delle minoranze in istituzioni per la formazione degli insegnanti, in particolare nelle regioni abitate da persone appartenenti a minoranze nazionali; • nei casi in cui l’insegnamento di una particolare disciplina non sia assicurato nel loro territo- rio nella lingua della minoranza a tutti i livelli, adozione delle misure necessarie al fine di tro- vare i mezzi per il riconoscimento dei titoli di studio rilasciati all’estero per un corso di studio portato a termine in tale lingua; (…) • fornitura di assistenza finanziaria e tecnica alle persone appartenenti alle minoranze nazionali che lo desiderino per consentir loro di esercitare il proprio diritto di creare e conservare le pro- prie istituzioni, organizzazioni e associazioni educative, culturali e religiose; (…)

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti (…)

Istanbul 1999 (Dichiarazione del Vertice)

30. Ribadiamo il nostro impegno ad assicurare che le leggi e le politiche rispettino pienamente i diritti delle persone appartenenti a minoranze nazionali, in particolare per quanto riguarda que- stioni attinenti all’identità culturale. Evidenziamo, in modo particolare, l’esigenza che le leggi e le politiche concernenti i diritti all’istruzione, linguistici e di partecipazione delle persone apparte- nenti a minoranze nazionali siano conformi agli standard e alle convenzioni internazionali appli- cabili. (…)

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

19. (…) Diversi concetti di autonomia, assieme ad altri approcci in linea con i principi OSCE, (…) costituiscono mezzi per preservare e promuovere l’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali all’interno di un dato Stato. (…)

186 4.1.4 Contatti umani, libertà dei media e informazione

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri,

10. assicura di adoperarsi per far avanzare l’attuazione degli impegni OSCE relativi alle minoranze nazionali e riconosce l’importanza delle raccomandazioni formulate dall’Alto Commissario per le minoranze nazionali in merito all’istruzione, (…) alla lingua, compreso l’uso di questa da parte delle emittenti radiotelevisive, e delle pertinenti raccomandazioni del Rappresentante per la libertà dei mezzi di informazione a tale riguardo;

4.1.4 Contatti umani, libertà dei media e informazione

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori)

(31) [Gli Stati partecipanti] assicureranno che lo status delle persone appartenenti a minoranze nazionali o a culture regionali che si trovano nei propri territori sia uguale a quello degli altri cit- tadini per quanto riguarda i contatti fra persone ai sensi dell’Atto Finale e degli altri citati docu- menti CSCE, compresi l’instaurazione e il mantenimento di tali contatti, mediante viaggi e altri mezzi di comunicazione, anche con cittadini di altri Stati aventi una comune origine nazionale o un retaggio culturale comune. (…)

Copenhagen 1990

(32) (…) Le persone appartenenti a minoranze nazionali hanno il diritto (…)

(32.4) — di stabilire e mantenere liberi contatti fra loro nel proprio paese nonché oltre frontiera con i cittadini degli altri Stati con i quali essi hanno in comune l’origine nazionale o etnica, il retag- gio culturale o le convinzioni religiose, 4 (…)

Ginevra 1991

187 4.1.4 Contatti umani, libertà dei media e informazione

• incoraggiamento dell’istituzione di commissioni miste permanenti, sia interstatali che regionali, per agevolare la continuazione del dialogo fra le regioni confinanti interessate.

VII

Convinti che la tutela dei diritti delle persone appartenenti a minoranze nazionali richiede il libero flusso di informazioni e lo scambio di idee, gli Stati partecipanti sottolineano l’importanza delle comunicazioni fra le persone appartenenti a minoranze nazionali senza interferenze da parte delle pubbliche autorità e indipendentemente dalle frontiere. L’esercizio di tali diritti potrà essere sog- getto soltanto alle restrizioni previste dalla legge e che siano compatibili con le norme internazio- nali. Essi riaffermano che nessuna persona appartenente a una minoranza nazionale sarà soggetta, semplicemente in quanto appartenente a tale minoranza, a sanzioni penali o amministrative per avere avuto contatti all’interno o al di fuori del proprio paese.

Per quanto riguarda l’accesso ai media, essi non faranno discriminazioni contro alcuno sulla base di motivi etnici, culturali, linguistici o religiosi. Essi renderanno disponibili le informazioni utili per consentire ai mass media elettronici di tenere conto, nei loro programmi, dell’identità etnica, culturale, linguistica e religiosa delle minoranze nazionali.

Essi riaffermano che la creazione e la conservazione di liberi contatti fra le persone appartenenti a una minoranza nazionale nonché di contatti oltre le frontiere da parte di persone appartenenti a una minoranza nazionale con persone con le quali esse condividano una comune origine etnica o nazionale, il retaggio culturale o il credo religioso, contribuiscono alla mutua comprensione e promuovono relazioni di buon vicinato.

Essi pertanto incoraggiano accordi di cooperazione transfrontaliera a livello nazionale, regionale e locale, fra l’altro, per quanto concerne il traffico locale di frontiera, la preservazione e le visite di monumenti e siti culturali e storici, il turismo, il miglioramento del traffico, l’economia, gli scambi di giovani, la tutela dell’ambiente e l’istituzione di commissioni regionali.

Essi incoraggeranno inoltre la creazione di gruppi di lavoro informali (per esempio, cantieri di stu- dio, comitati sia all’interno che fra gli Stati partecipanti) ove vivono minoranze nazionali, per discu- tere, scambiare le esperienze e presentare proposte sui problemi relativi alle minoranze nazionali.

Al fine di migliorare le loro informazioni sull’effettiva situazione delle minoranze nazionali, gli Stati partecipanti distribuiranno su una base volontaria, tramite il Segretariato CSCE, informa- zioni ad altri Stati partecipanti sulla situazione delle minoranze nazionali nei loro rispettivi terri- tori nonché rapporti sulla politica nazionale a tale riguardo.

Gli Stati partecipanti depositeranno presso il Segretariato CSCE copie dei contributi presentati in seno alla Plenaria della Riunione CSCE di Esperti sulle Minoranze Nazionali che essi desiderino rendere disponibili al pubblico.

188 4.1.5 Ruolo delle organizzazioni e delle associazioni

4.1.5 Ruolo delle organizzazioni e delle associazioni

Copenhagen 1990

(30) (…) [Gli Stati partecipanti] riconoscono inoltre l’importante ruolo delle organizzazioni non governative, ivi compresi i partiti politici, i sindacati, le organizzazioni e i gruppi religiosi, che si occupano dei diritti dell’uomo, per la promozione della tolleranza, delle diversità culturali, e per la soluzione delle questioni relative alle minoranze nazionali. (…)

Le persone appartenenti a minoranze nazionali (…) hanno il diritto:

(32.2) di creare e conservare proprie istituzioni, organizzazioni o associazioni educative, culturali e religiose, che possono richiedere contributi finanziari volontari e di altro genere, nonché l’assi- stenza pubblica, conformemente alla legislazione nazionale, (…)

(32.6) di costituire e mantenere organizzazioni o associazioni all’interno del proprio paese e di partecipare ad organizzazioni internazionali non governative.

Ginevra 1991

Gli Stati partecipanti sono dell’avviso che questi o altri approcci (…) potrebbero essere utili per migliorare la situazione delle minoranze nazionali nei loro territori.

Gli Stati partecipanti riaffermano e non ostacoleranno l’esercizio del diritto delle persone appar- tenenti a minoranze nazionali di creare e conservare proprie istituzioni, organizzazioni e associa- zioni educative, culturali e religiose.

189 4.1.6 Protezione dai crimini motivati dall’odio

A tale riguardo, essi riconoscono il ruolo rilevante e vitale che le persone, le organizzazioni non governative, e gruppi religiosi e di altro genere svolgono nel promuovere la comprensione transcul- turale e nel migliorare le relazioni a tutti livelli della società, nonché oltre le frontiere internazionali.

Essi ritengono che le osservazioni e le esperienze dirette di tali organizzazioni, gruppi e persone pos- sano essere estremamente utili per promuovere l’attuazione degli impegni CSCE relativi alle persone appartenenti a minoranze nazionali. Essi pertanto incoraggeranno e non ostacoleranno il lavoro di tali organizzazioni, gruppi e persone e accoglieranno con favore i loro contributi in tale campo.

4.1.6 Protezione dai crimini motivati dall’odio

Ginevra 1991

Gli Stati partecipanti, preoccupati per la proliferazione di atti di odio razziale, etnico e religioso, antisemitismo, xenofobia e discriminazione, sottolineano la propria determinazione di condan- nare costantemente tali atti perpetrati contro chicchessia. In tale contesto, essi riaffermano il pro- prio riconoscimento dei particolari problemi dei Rom (zingari). (…)

Inoltre, gli Stati partecipanti adotteranno misure efficaci, inclusa l’adozione, conformemente al pro- prio diritto costituzionale e ai propri obblighi internazionali, qualora non lo abbiano già fatto, di leggi che vietino atti che costituiscano incitamento alla violenza sulla base della discrimina- zione nazionale, razziale, etnica o religiosa, dell’ostilità o dell’odio, ivi compreso l’antisemitismo, nonché di politiche atte a far rispettare tali leggi.

Inoltre, per accrescere la pubblica consapevolezza del pregiudizio e dell’odio, per migliorare l’ap- plicazione delle leggi contro i crimini connessi con l’odio e per promuovere in altro modo gli sforzi miranti ad affrontare l’odio e il pregiudizio nella società, essi compieranno sforzi per raccogliere, pubblicare regolarmente e rendere disponibili al pubblico i dati concernenti i crimini perpetrati sui propri rispettivi territori che si basino su pregiudizi riguardanti la razza, l’identità etnica o la religione, incluse le direttive utilizzate per raccogliere tali dati. Tali dati non dovrebbero conte- nere alcuna informazione personale.

Essi si consulteranno e scambieranno pareri e informazioni a livello internazionale, incluse future riunioni della CSCE, sui crimini che siano prova di pregiudizio e odio.

4.2 Rom e Sinti

Si veda anche: I. 2.3.4 A: L’Ufficio per le istituzioni democratiche e i diritti umani (ODIHR) I. 2.3.4 A. III: Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti II. 5: Impegni relativi a uguaglianza, tolleranza e non discriminazione

190 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

Ginevra 1991 (VI)

[Gli Stati partecipanti] sono disposti ad adottare misure efficaci al fine di conseguire la piena ugua- glianza di opportunità fra le persone appartenenti ai Rom solitamente residenti nel loro Stato e il resto della popolazione residente. Essi inoltre incoraggeranno la ricerca e studi riguardanti i Rom nonché i particolari problemi che li confrontano.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

23. Gli Stati partecipanti decidono di nominare nell’ambito dell’ODIHR un punto di contatto per le questioni relative ai Rom e ai Sinti (Zingari). (…)

Istanbul 1999 (Dichiarazione del Vertice)

31. (…) Ci impegniamo ad assicurare che le leggi e le politiche rispettino pienamente i diritti dei Rom e dei Sinti e, ove necessario, a promuovere una legislazione antidiscriminatoria a tale scopo. (…)

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

20. Riconosciamo le particolari difficoltà che i Rom e i Sinti si trovano ad affrontare nonché la necessità di adottare misure efficaci per conseguire, conformemente agli impegni OSCE, una piena uguaglianza di opportunità per le persone appartenenti ai Rom e ai Sinti. Intensificheremo i nostri sforzi per assicurare che i Rom e i Sinti siano in grado di svolgere un ruolo pieno e parita- rio nelle nostre società e per sradicare la discriminazione nei loro confronti.

Maastricht 2003 (Decisione N.3/03 sul piano d’azione per migliorare la situazione dei Rom 4 e dei Sinti nell’area dell’OSCE)

Il Consiglio dei Ministri, (…)

riconoscendo le particolari difficoltà dei Rom e dei Sinti e la necessità di adottare misure efficaci per eliminare la discriminazione nei loro confronti e promuovere pari opportunità, conforme- mente agli impegni dell’OSCE,

riconoscendo i progressi conseguiti nelle legislazioni nazionali e nei programmi d’azione e gli sforzi compiuti a tal fine dagli Stati partecipanti,

consapevole al tempo stesso che occorrono ancora azioni decise per migliorare la situazione delle popolazioni Rom e Sinti nell’area dell’OSCE, (…)

191 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

persuasi che le popolazioni Rom e Sinti debbano avere un grado sempre maggiore di autogestione delle politiche che li riguardano,

decide di approvare il Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE, adottato dal Consiglio Permanente con la Decisione N.566 del 27 novembre 2003, alle- gato alla presente Decisione.

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

II. Contesto generale: per i Rom, con i Rom

4. Ciascuna politica nazionale o strategia di attuazione dovrebbe: (1) rispondere a problemi, neces- sità e priorità reali delle comunità dei Rom e dei Sinti; (2) essere globale; (3) introdurre un approc- cio equilibrato e sostenibile per coniugare gli obiettivi in materia di diritti umani con le politiche sociali e (4) massimizzare l’autogestione da parte dei Rom delle politiche che li riguardano. (…) Le strategie di attuazione dovrebbero inoltre comprendere meccanismi volti ad assicurare che le poli- tiche nazionali vengano attuate a livello locale.

5. Il principio guida degli sforzi degli Stati partecipanti e delle competenti istituzioni dell’OSCE dovrebbe prevedere l’attiva partecipazione delle comunità Rom e Sinti all’elaborazione e all’attua- zione di ciascuna strategia politica e attuativa. Le popolazioni Rom e Sinti dovrebbero collaborare con le autorità locali nazionali e internazionali nello sviluppo di tali strategie. Le comunità Rom dovrebbero essere altresì partner paritari e dovrebbero condividere la responsabilità per il miglio- ramento del proprio benessere.

6. Nell’elaborazione e nell’attuazione di tutte le politiche e di tutti i programmi si dovrebbe tener conto della particolare situazione delle donne Rom e Sinti. Ove esistano meccanismi consultivi e di altro tipo per facilitare la partecipazione delle popolazioni Rom e Sinti ai processi politici decisio- nali, le donne dovrebbero essere in grado di parteciparvi su base paritaria assieme agli uomini. Le questioni concernenti le donne Rom dovrebbero essere sistematicamente inserite in tutte le perti- nenti politiche riguardanti l’insieme della popolazione.

III. Combattere razzismo e discriminazione

Legislazione e applicazione della legge Azioni raccomandate agli Stati partecipanti: (…)

8. Adottare e attuare un’efficace legislazione contro la discriminazione etnica e razziale in tutti i settori, incluso, tra l’altro, l’accesso agli alloggi, alla cittadinanza, alla residenza, all’istruzione, all’impiego, alla sanità e ai servizi sociali. Coinvolgere i rappresentanti dei Rom e dei Sinti nei pro- cessi di elaborazione, attuazione e valutazione.

9. La legislazione antidiscriminazione dovrebbe garantire: • il divieto di discriminazione razziale sia diretta che indiretta; • L’imposizione di sanzioni efficaci, proporzionate e dissuasive per azioni o pratiche discrimina- torie; (…)

192 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

• il pari accesso a rimedi efficaci (procedure giudiziarie, amministrative, di conciliazione o di mediazione).

10. Si dovrebbe assicurare che la legislazione nazionale vieti ogni azione discriminatoria e che tutti i casi di presunta discriminazione vengano indagati a fondo e obiettivamente.

11. Creare, ove appropriato, istituzioni specializzate per garantire l’attuazione di tale legislazione, nonché meccanismi nazionali per monitorare i progressi raggiunti, nonché riferire regolarmente e con trasparenza in merito a tale attuazione. Incoraggiare la partecipazione di rappresentanti Rom e Sinti in tali organi, il cui operato dovrebbe essere accessibile al pubblico.

12. Sviluppare, ove necessario, esaurienti strategie nazionali o piani d’azione intesi a migliorare la situazione dei Rom e dei Sinti, che includano misure specifiche per far fronte alla discrimina- zione in tutti i settori della vita sociale.

13. Valutare regolarmente, specie a livello locale, i risultati di tali strategie e coinvolgere le comu- nità Rom e Sinti nel processo di valutazione. (…)

15. Documentare, compatibilmente con gli standard internazionali sulla tutela dei dati, tutti i tipi e i pertinenti casi di discriminazione al fine di meglio valutare la situazione e rispondere alle neces- sità dei Rom e dei Sinti. (…)

17. Assicurare, anche attraverso l’adozione di efficaci misure investigative e punitive da parte della polizia, che non vi sia impunità per coloro che hanno commesso atti di discriminazione (…).

18. Facilitare l’accesso alla giustizia da parte dei Rom e dei Sinti tramite misure quali l’assistenza legale e la divulgazione di informazioni in lingua romanes.

19. Tener conto in tutte le misure e in tutti i programmi della situazione delle donne Rom e Sinti che sono spesso vittime di discriminazione in base all’etnia e al sesso. (…) 4 Mass Media

Azioni raccomandate agli Stati partecipanti:

37. Al fine di favorire la libertà di espressione, incoraggiare la formazione di giornalisti Rom e Sinti e il loro impiego nei canali mediatici per facilitare un maggiore accesso ai media da parte dei Rom e dei Sinti.

IX. Punto di contatto dell’ODIHR per le questioni relative ai Rom e ai Sinti (…)

136. Al fine di facilitare l’attuazione del processo di esame, gli Stati partecipanti all’OSCE sono invitati a fornire informazioni sugli sviluppi recenti della situazione relativa ai Rom e ai Sinti e/o misure ispirate dal presente Piano d’azione in seno alle Riunioni di attuazione nel quadro della dimensione umana, prima delle Conferenze di riesame, e al Consiglio Permanente, ove appropriato.

193 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

137. Tutte le istituzioni e le strutture dell’OSCE pertinenti, incluse le operazioni OSCE sul terreno, continueranno a interagire strettamente con gli Stati partecipanti al fine di assisterli nell’attua- zione del Piano d’azione.

Helsinki 2008 (Decisione N.6/08 sul potenziamento delle iniziative dell’OSCE volte ad attuare il piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

determinato a potenziare le iniziative dell’OSCE volte ad attuare il Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, (…)

4. incoraggia gli Stati partecipanti a prendere in considerazione le questioni attinenti ai rom e ai sinti nella revisione della loro legislazione e delle loro politiche sui rom e i sinti, specialmente nei settori prioritari del Piano di azione del 2003 per migliorare la situazione dei rom e dei sinti nell’a- rea dell’OSCE;

5. chiede che vengano istituite autorità nazionali responsabili per la situazione dei rom e dei sinti, al pari di quelle competenti per le minoranze, per l’accesso ai servizi sanitari, per l’istruzione, per le abitazioni, per l’attività antidiscriminazione, la polizia e i mezzi d’informazione, al fine di poten- ziare i loro sforzi volti ad assicurare l’attuazione degli impegni dell’OSCE nel quadro della legisla- zione nazionale in materia di eguaglianza e non discriminazione. In tale contesto, si dovrà dedicare speciale attenzione alla situazione delle donne e delle ragazze rom;

6. incoraggia gli Stati partecipanti che non l’abbiano ancora fatto a mettere a punto quadri istituzio- nali che coinvolgano organismi rom e pertinenti organismi governativi a livelli appropriati, al fine di facilitare l’attuazione di politiche e programmi volti a migliorare la situazione dei rom e dei sinti;

7. Incoraggia gli Stati partecipanti a potenziare i loro sforzi volti a coinvolgere attivamente le comu- nità rom e sinti nell’elaborazione di politiche (…);

8. chiede che vengano proseguiti il coordinamento e la cooperazione nell’ambito di risorse esi- stenti dell’OSCE e con pertinenti attori internazionali quali il Consiglio d’Europa e l’Unione euro- pea, ove appropriato; (…)

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri,

riaffermando gli impegni dell’OSCE concernenti i rom e i sinti, inclusi quelli previsti dal Piano di azione del 2003 per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,

riconoscendo che gli Stati partecipanti hanno posto in atto alcune iniziative a tal fine,

rilevando che i progressi compiuti per colmare le forti disparità che persistono tra la popolazione rom e sinti e la società in diversi settori sono scarsi,

194 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

prendendo nota del Rapporto dell’ODIHR del 2008 sullo stato di attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,

sottolineando la necessità di operare in modo decisivo per migliorare la situazione dei rom e dei sinti in tutta la regione dell’OSCE,

convinto che gli Stati partecipanti dovrebbero adoperarsi per massimizzare l’assunzione di respon- sabilità da parte dei rom e dei sinti nella gestione delle politiche cui sono oggetto, e che le comunità rom e sinti dovrebbero essere partner e condividere la responsabilità dell’attuazione delle politi- che destinate a promuovere la loro integrazione,

riconoscendo le particolari difficoltà che i rom e i sinti devono affrontare e la necessità di adottare misure efficaci al fine di sradicare la discriminazione cui sono vittime e assicurare una loro inte- grazione sostenibile in conformità con gli impegni dell’OSCE,

preoccupato per il fatto che i rom e i sinti appartengono a comunità che continuano a essere oggetto di fenomeni di razzismo e discriminazione e che il pregiudizio e le manifestazioni violente di intol- leranza contro i rom e i sinti sono in aumento,

rilevando che in un contesto di rallentamento economico globale i rom e i sinti sono tra i soggetti più esposti all’ostilità irrazionale e al biasimo sociale,

consapevole che le manifestazioni di intolleranza contro i rom e i sinti possono comportare non solo una maggiore esclusione ed emarginazione, ma anche mettere a repentaglio la coesione sociale e la coesistenza pacifica della società in generale, (…)

sottolineando l’importanza che le pertinenti istituzioni e strutture dell’OSCE adempiano ai loro mandati attraverso il sostegno all’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, nonché l’importanza di un coordinamento e di una coopera- zione efficaci in seno all’OSCE a tal fine,

1. invita gli Stati partecipanti a potenziare le loro iniziative volte a dare attuazione al Piano d’a- zione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE e a favorire il processo di integrazione sostenibile dei rom e dei sinti; 4 2. invita gli Stati partecipanti a continuare a fornire informazioni all’ODIHR sui progressi com- piuti nel quadro dell’attuazione del Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE; (…)

4. invita gli Stati partecipanti ad accrescere, in modo appropriato, la partecipazione dei rom e dei sinti all’elaborazione, all’attuazione e alla valutazione delle politiche di cui sono oggetto, nonché a promuovere il dialogo tra le popolazioni rom e sinti e la società in generale al fine di sensibiliz- zare l’opinione pubblica sulla minaccia che l’intolleranza e la discriminazione possono rappresen- tare per la coesione sociale, la stabilità e la sicurezza;

5. invita gli Stati partecipanti, in cooperazione con i rom e i sinti, a individuare e valutare le sfide legate alla migrazione dei rom e dei sinti, che sono rilevanti per l’integrazione sostenibile di que- sti ultimi nell’area dell’OSCE;

195 4.2.1 Tutela dei diritti umani e delle libertà fondamentali, incluse le pari opportunità e la non discriminazione

Kiev 2013, (Decisione N.4/13 sul potenziamento delle iniziative dell’OSCE volte ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, con particolare attenzione alle donne, ai giovani e ai bambini rom e sinti)

riaffermando gli impegni OSCE relativi ai rom e ai sinti, (…)

riconoscendo che nell’area dell’OSCE sono stati intrapresi vari sforzi come lo sviluppo e l’attua- zione di piani d’azione e strategie nazionali, nonché la creazione di programmi e politiche volte a migliorare la situazione dei rom e dei sinti, e che l’attuazione di tali iniziative a livello locale è essenziale per la loro realizzazione, (…)

manifestando preoccupazione per il fatto che i rom e sinti continuano ad essere oggetto di razzi- smo e di violenza motivata dal pregiudizio nell’area dell’OSCE,

invita gli Stati partecipanti a:

1. potenziare i loro sforzi volti ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, in particolare attraverso un migliore monitoraggio e valutazione delle strategie, delle politiche e delle misure in materia di integrazione dei rom e dei sinti;

sollecita un costante coordinamento in seno all’OSCE e una costante cooperazione con pertinenti attori internazionali, con l’obiettivo di intensificare gli sforzi dell’OSCE volti ad attuare il Piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE;

incoraggia l’Assemblea parlamentare dell’OSCE a proseguire i suo sforzi volti a migliorare la situa- zione dei rom dei sinti nell’area dell’OSCE. (…)

196 4.2.2 Partecipazione effettiva alla vita pubblica e politica

incoraggia l’Assemblea parlamentare dell’OSCE a proseguire i suo sforzi volti a migliorare la situa- zione dei rom dei sinti nell’area dell’OSCE.

4.2.2 Partecipazione effettiva alla vita pubblica e politica

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti (…)

(35) Riaffermano (…) l’esigenza di intraprendere programmi appropriati che affrontino problemi dei loro rispettivi cittadini appartenenti ai Rom e ad altri gruppi tradizionalmente identificati come zingari e di creare condizioni perché essi abbiano uguali opportunità di partecipare pienamente alla vita della società, ed esamineranno come cooperare a tal fine.

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

VI. Rafforzare la partecipazione alla vita pubblica e politica

Azioni raccomandate agli Stati partecipanti:

87. gli Stati partecipanti devono adoperarsi attivamente per assicurare che i Rom e i Sinti, come tutti gli altri cittadini, dispongano di tutti i documenti necessari, inclusi i certificati di nascita, i documenti di identità ed i certificati di assicurazione sanitaria. Nel risolvere i problemi relativi alla mancanza di documenti di base, gli Stati partecipanti sono vivamente invitati a collaborare con le organizzazioni civili dei Rom e dei Sinti.

88. Gli Stati partecipanti sono invitati a tenere conto delle seguenti condizioni di base per assicu- rare l’effettiva partecipazione dei Rom e dei Sinti alla vita pubblica e politica: 4 • Coinvolgimento tempestivo: qualsiasi iniziativa relativa ai Rom e ai Sinti dovrebbe coinvolgerli sin dall’inizio nelle fasi di svi- luppo, attuazione e valutazione; • Integrazione: i Rom e i Sinti dovrebbero essere inclusi nei processi consultivi ufficiali e l’efficacia dei meccani- smi stabiliti per la loro partecipazione allo sviluppo di importanti iniziative politiche dovrebbe essere garantita tramite il loro coinvolgimento in un ampio processo rappresentativo; • Trasparenza: programmi e proposte dovrebbero essere diffusi con sufficiente anticipo rispetto ai termini di adozione delle decisioni al fine di tenere conto di valide analisi e contributi dei rappresen- tanti delle comunità Rom e Sinti; • Partecipazione significativa dei Rom e dei Sinti a tutti i livelli di governo: la partecipazione dei Rom e dei Sinti al governo locale è essenziale per l’efficace attuazione delle politiche che li riguardano;

197 4.2.2 Partecipazione effettiva alla vita pubblica e politica

• Partecipazione: i Rom e i Sinti svolgono un ruolo essenziale e insostituibile nell’assicurare il rispetto effettivo del diritto di partecipazione al processo politico.

89. I funzionari eletti dovrebbero instaurare strette relazioni di lavoro con le comunità Rom e Sinti.

90. Stabilire meccanismi per assicurare una comunicazione paritaria, diretta e aperta fra i rappre- sentanti dei Rom e dei Sinti e le autorità di governo, inclusi gli organi consultivi.

91. Facilitare l’interazione fra i leader politici a livello locale e nazionale e i diversi gruppi Rom.

92. Organizzare campagne di sensibilizzazione elettorale al fine di accrescere la partecipazione dell’elettorato Rom alle elezioni.

93. Assicurare che gli elettori Rom possano fare scelte libere e consapevoli.

94. Adottare misure che garantiscano pari diritti di voto alle donne, anche facendo rispettare il divieto del cosiddetto “voto familiare”.

95. Incoraggiare i Rom e Sinti ad impegnarsi più attivamente nel servizio pubblico, se necessario anche attraverso l’introduzione di misure speciali che promuovano la loro presenza nell’ammi- nistrazione pubblica.

96. Incoraggiare la rappresentanza dei Rom e dei Sinti in cariche elettive e di nomina a tutti i livelli di governo.

97. Conferire poteri ai Rom e ai Sinti nei processi decisionali statali e locali in qualità di rappre- sentanti eletti delle loro comunità e come cittadini dei loro rispettivi Paesi.

98. Promuovere la partecipazione delle donne Rom alla vita pubblica e politica; le donne Rom dovrebbero avere la possibilità di partecipare, su una base di uguaglianza rispetto agli uomini, ai meccanismi consultivi e di altro tipo destinati ad accrescere l’accesso a tutte le aree della vita pubblica e politica.

Helsinki 2008 (Decisione N.6/08 sul potenziamento delle iniziative dell’OSCE volte ad attuare il piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

determinato a potenziare le iniziative dell’OSCE volte ad attuare il Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE, (…)

7. incoraggia gli Stati partecipanti a potenziare i loro sforzi volti a coinvolgere attivamente le comu- nità rom e sinti nell’elaborazione di politiche e a promuovere l’effettiva partecipazione dei rom e dei sinti alla vita pubblica e politica; (…)

198 4.2.2 Partecipazione effettiva alla vita pubblica e politica

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri, (…)

riconoscendo che l’istruzione è un fattore chiave per offrire maggiori opportunità di un’equa par- tecipazione alla vita sociale, politica ed economica e culturale per i rom e i sinti, inclusi le donne, i giovani e i bambini rom e sinti, in particolare le ragazze, e di esercitare i loro diritti e promuo- vere la loro piena inclusione,

convinto che gli Stati partecipanti dovrebbero cercare di offrire ai rom e ai sinti l’opportunità di contribuire alle politiche che li riguardano e che i rom e i sinti dovrebbero essere dei partner e condividere le responsabilità connesse all’attuazione delle politiche volte a promuovere e ad age- volare la loro integrazione,

riconoscendo che i diritti delle donne rom e sinti e la parità di genere, in particolare, devono essere 4 sostenuti e promossi dalle politiche e dalle istituzioni dello Stato con la partecipazione attiva delle donne rom e sinti, (…)

2.7 accrescendo la partecipazione dei rom e dei sinti nell’elaborazione, attuazione e valutazione delle politiche che li riguardano, anche promuovendo la loro partecipazione politica e favorendo l’educazione al voto; (…)

2.11 adottando le misure necessarie per accrescere l’attiva partecipazione e l’autonomia dei rom e dei sinti al fine di promuovere la loro integrazione sociale; (…)

199 4.2.3 Accesso all’istruzione

4. adottare misure operative per sostenere l’emancipazione delle donne rom e sinti, in particolare: 4.1 intensificando i loro sforzi per garantire che le donne rom e sinti possano godere ed esercitare i loro diritti umani e accrescendo gli sforzi volti a combattere la discriminazione nei loro con- fronti a tutti i livelli, tra cui, ove necessario, nei settori dell’istruzione, dell’occupazione, della sanità e degli alloggi, e collaborando a tal fine con organizzazioni della società civile rom e sinti e con le popolazioni rom e sinti stesse; 4.2 promuovendo l’effettiva partecipazione paritaria delle donne rom e sinti alla vita pubblica e poli- tica, anche attraverso la promozione dell’accesso delle donne alle cariche pubbliche, alla pubblica amministrazione e a ruoli decisionali; 4.3 incoraggiando la parità di accesso delle donne rom e sinti all’occupazione, a programmi di tiro- cinio e di orientamento; (…)

4.2.3 Accesso all’istruzione

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

V. Migliorare l’accesso all’istruzione

L’istruzione è un presupposto della partecipazione dei Rom e dei Sinti alla vita politica, sociale ed economica dei loro rispettivi Paesi in posizione paritaria con gli altri abitanti. Sia gli organi decisionali sia le comunità Rom e Sinti dovrebbero attribuire massima priorità a misure efficaci e tempestive in tale campo, particolarmente a quelle volte a promuovere la frequenza scolastica e a combattere l’analfabetismo. Le politiche dell’istruzione dovrebbero mirare all’integrazione dei Rom e dei Sinti nel sistema d’istruzione regolare garantendo pieno e pari accesso a tutti i livelli e tenendo conto nel contempo delle differenze culturali.

Azioni raccomandate agli Stati partecipanti:

67. assicurare che la legislazione nazionale preveda disposizioni adeguate che vietino la segre- gazione e la discriminazione razziale nell’istruzione e fornisca misure efficaci per le violazioni di tale legislazione.

68. Consultare rappresentanti Rom e Sinti quando si elaborano politiche dell’istruzione che li riguardano.

69. Promuovere attivamente pari opportunità nel campo dell’istruzione per bambini Rom e Sinti, in particolare fornendo loro assistenza linguistica o di altro genere.

70. Adottare misure speciali volte a migliorare la qualità e l’efficacia dell’istruzione per bambini Rom e Sinti. Favorire una maggiore rappresentanza dei Rom e dei Sinti fra gli insegnanti scolastici.

71. Includere la storia e la cultura rom nei testi scolastici, tenendo in particolare considerazione l’esperienza dei Rom e dei Sinti durante l’Olocausto.

200 4.2.3 Accesso all’istruzione

72. Considerare misure che assicurino il rispetto, la tutela e la promozione della lingua romanes e del suo insegnamento, nonché della cultura rom quale parte integrante dell’eredità culturale dei Rom e dei Sinti.

73. Elaborare e attuare programmi scolastici globali di desegregazione miranti a: (1) interrompere la prassi sistematica di assegnare i bambini Rom a scuole o classi speciali (ad esempio scuole per disabili mentali, scuole e classi separate per bambini Rom e Sinti); (2) trasferire i bambini Rom dalle scuole speciali alle scuole regolari.

74. Stanziare risorse finanziarie per il trasferimento dei bambini Rom al sistema d’istruzione rego- lare e per l’elaborazione di programmi scolastici di sostegno che facilitino tale passaggio.

75. Facilitare l’accesso dei bambini Rom al sistema educativo regolare adottando misure quali: (a) l’adozione di misure per eliminare manifestazioni di pregiudizio contro i Rom e i Sinti nelle scuole; (b) la formazione di educatori sull’educazione multiculturale e sui modi di gestire le classi etni- camente miste; (c) lo sviluppo di strategie per ottenere un più ampio sostegno della comunità a favore della dese- gregazione delle scuole; (d) la prestazione di sostegno per colmare il divario fra bambini Rom e Sinti e altri alunni, anche attraverso programmi prescolastici destinati a preparare i bambini Rom e Sinti alla scuola ele- mentare; (e) la prestazione di sostegno per incrementare il numero di mediatori/formatori e insegnanti appartenenti alle comunità Rom.

76. Sviluppare e attuare programmi contro il razzismo per le scuole e campagne contro il razzi- smo per i media.

77. Sviluppare politiche che affrontino l’intera gamma di fattori che contribuiscono alla scarsa frequenza scolastica dei bambini Rom e Sinti. Ciò comprende, fra l’altro, misure che consentano alle famiglie Rom e Sinti di disporre della documentazione necessaria per la registrazione come tutti gli altri cittadini. 4 78. Considerare l’elaborazione di programmi di sostegno sociale per famiglie Rom a basso red- dito con figli in età scolare.

79. Promuovere la regolare frequenza scolastica dei bambini Rom e Sinti, anche attraverso il coin- volgimento della famiglia e dei mediatori sociali, la promozione della coscienza nei genitori e negli anziani Rom e Sinti della propria responsabilità nel facilitare la frequenza scolastica dei bambini e, in particolare, il pari accesso all’istruzione per le bambine.

80. Prestare particolare attenzione a garantire alle bambine Rom e Sinti pari opportunità di inseri- mento educativo e sociale e sviluppare programmi per ridurre l’alto tasso di abbandono scolastico.

81. Considerare l’elaborazione di programmi appropriati per coloro che non hanno terminato la scuola elementare o sono analfabeti.

82. Elaborare, ove necessario, programmi di borse di studio per studenti Rom e favorire la loro maggiore partecipazione agli esistenti programmi di borse di studio.

201 4.2.3 Accesso all’istruzione

83. Promuovere capacità informatiche fra i Rom e i Sinti attraverso la creazione di siti web infor- mativi.

84. Valutare periodicamente l’efficacia delle politiche dell’istruzione.

Helsinki 2008 (Decisione N.6/08 sul potenziamento delle iniziative dell’OSCE volte ad attuare il piano d’azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

determinato a potenziare le iniziative dell’OSCE volte ad attuare il Piano di azione per migliorare la situazione dei rom e dei sinti nell’area dell’OSCE,

1. esorta gli Stati partecipanti a garantire pari accesso all’istruzione e a promuovere l’istruzione primaria per bambini rom e sinti quale strumento per prevenire l’esclusione e l’emarginazione sociale e per consentire un miglioramento di lunga durata della situazione dei rom e dei sinti. In tale contesto, sottolinea che le politiche educative dovrebbero favorire l’integrazione delle popo- lazioni rom e sinti nel sistema scolastico ordinario;

3. invita gli Stati partecipanti, in cooperazione con le popolazioni rom e sinti, ad intensificare i propri sforzi per sensibilizzare i rom e i sinti sull’importanza dell’iscrizione alla scuola e la sua regolare frequentazione; (…)

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri, (…)

7. incoraggia gli Stati partecipanti ad affrontare il problema dell’istruzione primaria dei rom e dei sinti in modo globale, adoperandosi in particolare per assicurare pari accesso all’istruzione e inte- grare i rom e i sinti nel sistema educativo generale;

202 4.2.4 Questioni socio-economiche

considerando che i giovani e i bambini rom e sinti saranno in futuro i principali attori nella pro- mozione dell’inclusione delle persone e delle comunità rom e sinti, nonché nella promozione della loro piena partecipazione alla vita sociale, civile, politica, economica e culturale delle società in cui vivono,

invita gli Stati partecipanti a:

3. concentrare i loro sforzi e le risorse necessarie sull’istruzione come fattore importante per migliorare la situazione dei rom e dei sinti e promuovere una loro maggiore integrazione econo- mica e sociale anche per mezzo delle seguenti iniziative: 3.1 adottando misure concrete volte a garantire la parità di accesso e la partecipazione dei giovani e dei bambini rom e sinti all’istruzione statale di tutti i livelli, compresa l’istruzione prescolare, e quella primaria e secondaria; 3.2 affrontando il problema dell’elevato tasso di abbandono della scuola secondaria da parte di alunni rom e sinti, e prestando la dovuta attenzione ai problemi specifici cui sono esposte le ragazze rom a tale riguardo, adottando al contempo misure efficaci per promuovere la partecipazione dei gio- vani rom e dei sinti a livelli di istruzione più elevati; 3.3 promuovendo un maggiore accesso e adottando misure appropriate per facilitare l’iscrizione degli studenti rom e sinti all’istruzione universitaria, anche attraverso programmi di borse di studio; 3.4 promuovendo lo sviluppo di programmi d’integrazione dei rom e dei sinti a livello nazionale e locale, inclusi programmi di formazione e corsi di studio integrativi, anche sulla cultura e la sto- ria rom e sinti; 4 3.5 rinnovando gli sforzi per eliminare la segregazione dei rom e dei sinti nel settore dell’istru- zione a tutti i livelli; (…)

4.4 concentrandosi su misure specifiche, ove appropriato, per promuovere la parità di accesso e la partecipazione all’istruzione delle bambine rom e sinti a tutti i livelli;

4.2.4 Questioni socio-economiche

Istanbul 1999 (Dichiarazione del Vertice)

31. (…) Sottolineiamo l’importanza di prestare particolare attenzione ai problemi connessi all’e- marginazione sociale dei Rom e dei Sinti. Tali questioni costituiscono prevalentemente una respon- sabilità degli Stati partecipanti interessati.

203 4.2.4 Questioni socio-economiche

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

Alloggi e condizioni di vita Azioni raccomandate agli Stati partecipanti:

43. Mettere in atto meccanismi e procedure istituzionali intesi a chiarire la sussistenza di diritti di proprietà, a risolvere questioni relative alla proprietà e a regolarizzare lo status giuridico delle popolazioni Rom e Sinti che vivono in circostanze di incerta legalità (ad esempio quartieri Rom che non dispongono di diritti fondiari o che non sono inclusi nei piani urbanistici della comunità locale principale; famiglie e abitazioni prive dello status di residenza legale presso insediamenti in cui la popolazione ha vissuto di fatto per decenni).

44. Coinvolgere le popolazioni Rom e Sinti nell’elaborazione di politiche abitative, nonché in pro- getti di costruzione, ristrutturazione e/o manutenzione di alloggi pubblici a loro destinati. Assi- curare che i progetti di alloggi non favoriscano la segregazione etnica e/o razziale.

45. Valutare la possibilità di concedere crediti agli Stati partecipanti messi a disposizione da orga- nizzazioni internazionali e istituzioni finanziarie per la realizzazione di progetti di alloggi popolari.

46. Promuovere l’opzione di progetti di cooperative edilizie a favore delle comunità Rom e fornire appropriata formazione per la manutenzione di tali edifici.

Disoccupazione e problemi economici Azioni raccomandate agli Stati partecipanti:

48. promuovere un maggiore accesso di Rom e Sinti qualificati all’impiego pubblico.

49. Sviluppare programmi di formazione per preparare i gruppi sottorappresentati, quali I Rom e i Sinti, all’impiego nelle amministrazioni pubbliche locali nonché in altri settori, e sviluppare politiche intese ad incoraggiare l’assunzione come funzionari pubblici dei diplomati in base a tali programmi.

50. Riesaminare l’impatto dei programmi d’impiego sovvenzionati, dedicando particolare atten- zione alle componenti educative, per assicurare che queste ultime mirino ad accrescere la compe- titività dei Rom e dei Sinti sul mercato del lavoro.

51. Sviluppare politiche e programmi, inclusi programmi di formazione professionale, per miglio- rare le capacità lavorative e di impiego dei Rom e dei Sinti, in particolare dei giovani e delle donne.

52. Adottare politiche sociali che aumentino gli incentivi per la ricerca di un impiego, quale mezzo sostenibile per evitare la dipendenza dai sussidi sociali.

Assistenza sanitaria

Azioni raccomandate agli Stati partecipanti:

58. assicurare che i Rom e i Sinti abbiano accesso ai servizi sanitari su base non discriminatoria.

59. Sensibilizzare il personale sanitario circa le specifiche necessità della popolazione Rom e Sinti.

60. Affrontare il problema dell’elevata incidenza di malattie e di denutrizione fra le comunità Rom.

204 4.2.5 Razzismo e discriminazione

61. Incoraggiare l’accesso tempestivo dei Rom e dei Sinti ai servizi sanitari pubblici generali nel modo seguente: (a) informando le popolazioni Rom e Sinti sulla disponibilità di tali servizi e sul modo di usufruirne; (b) rafforzando la fiducia delle popolazioni Rom e Sinti nei confronti dei servizi sanitari pub- blici, anche attraverso sanzioni in caso di discriminazione diretta o indiretta subita dai Rom e dai Sinti; formazione di personale sanitario che comprenda gli aspetti importanti della cultura Rom, e sostegno a mediatori che possono svolgere un ruolo importante nel colmare le lacune esistenti tra comunità Rom e operatori dei servizi sanitari pubblici. 62. Prestare particolare attenzione alla salute delle donne e delle giovani, provvedendo tra l’altro a: (a) promuovere e/o sviluppare programmi destinati a fornire informazioni sull’assistenza sanita- ria (inclusa l’alimentazione, la cura del neonato e la violenza domestica, ecc.); (b) migliorare l’accesso alle cure ginecologiche, compresa l’assistenza prima della nascita, al momento del parto e dopo la nascita mediante, tra l’altro, la diffusione di informazioni e la formazione. 63. Dedicare speciale attenzione alla salute dei bambini Rom e Sinti, fornendo appropriate cure pediatriche tra cui misure preventive quali le vaccinazioni presso gli insediamenti Rom.

4.2.5 Razzismo e discriminazione

A. Lotta al razzismo e agli stereotipi

Copenhagen 1990

(40) Gli Stati partecipanti condannano chiaramente e inequivocabilmente il totalitarismo, l’odio razziale ed etnico, l’antisemitismo, la xenofobia e la discriminazione contro qualsiasi persona, nonché le persecuzioni per motivi religiosi o ideologici. In tale contesto, essi riconoscono inoltre i particolari problemi dei Rom (zingari).

205 4.2.5 Razzismo e discriminazione

Ginevra 1991 (VI)

Istanbul 1999 (Dichiarazione del Vertice)

31. Deploriamo la violenza ed altre manifestazioni di razzismo e discriminazione nei confronti delle minoranze, inclusi i Rom e i Sinti. (…)

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

Legislazione e applicazione della legge Azioni raccomandate agli Stati partecipanti:

7. considerare la ratifica, quanto prima possibile se non lo hanno ancora fatto, dei pertinenti trat- tati internazionali, e tra l’altro, della Convenzione internazionale sull’eliminazione di ogni forma di discriminazione razziale. (…)

14. Cercare, incoraggiando un dialogo autentico o consultazioni o tramite altri mezzi appropriati, di migliorare le relazioni tra le popolazioni Rom e Sinti e gli altri abitanti, al fine di promuovere la tolleranza e superare i pregiudizi e gli stereotipi negativi da entrambe le parti.

(…) Polizia

Azioni raccomandate agli Stati partecipanti:

26. sviluppare politiche che promuovano in seno alle istituzioni preposte all’applicazione della legge una maggiore conoscenza della situazione dei Rom e dei Sinti e che contrastino pregiudizi e stereotipi negativi.

27. Sviluppare programmi di formazione atti a prevenire l’uso eccessivo della forza e a promuo- vere la coscienza e il rispetto dei diritti dell’uomo.

28. Sviluppare politiche intese a: (1) migliorare le relazioni tra le comunità Rom e Sinti e la polizia, al fine di prevenire abusi e violenze di quest’ultima nei confronti delle popolazioni Rom e Sinti; e (2) accrescere la fiducia nella polizia da parte delle popolazioni Rom e Sinti. (…)

30. Valutare le differenze esistenti tra gli standard internazionali in materia di polizia e le pratiche nazionali attualmente esistenti, in consultazione con le forze di polizia nazionali, le ONG e rap- presentanti delle comunità Rom e Sinti.

206 4.2.5 Razzismo e discriminazione

31. Elaborare, ove appropriato, e in stretta partnership con le organizzazioni internazionali e le ONG Rom, dichiarazioni di indirizzo politico, codici di condotta, manuali di regole pratiche e pro- grammi di formazione.

32. Incoraggiare i Rom e i Sinti a lavorare presso istituzioni di ordine pubblico quale mezzo soste- nibile per promuovere la tolleranza e la diversità.

Mass Media

Azioni raccomandate agli Stati partecipanti:

36. avviare campagne di informazione e di sensibilizzazione per combattere i pregiudizi e gli ste- reotipi negativi dei Rom e dei Sinti. (…)

38. Incoraggiare i media a rappresentare gli aspetti positivi e a presentare un’immagine equilibrata della vita dei Rom, ad evitare stereotipi delle popolazioni Rom e Sinti e a non alimentare la ten- sione tra i vari gruppi etnici. Organizzare tavole rotonde tra rappresentanti dei media e rappre- sentanti dei Rom e dei Sinti allo scopo di promuovere tali obiettivi.

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri, (…)

3. esorta gli Stati partecipanti a intensificare i loro sforzi volti a promuovere la tolleranza e com- battere il pregiudizio contro le popolazioni rom e sinti al fine di prevenire la loro ulteriore emar- ginazione ed esclusione (…); 4 4. invita gli Stati partecipanti (…) a promuovere il dialogo tra le popolazioni rom e sinti e la società in generale al fine di sensibilizzare l’opinione pubblica sulla minaccia che l’intolleranza e la discri- minazione possono rappresentare per la coesione sociale, la stabilità e la sicurezza; (…)

rilevando (…) che le donne e le ragazze rom e sinti sono particolarmente vulnerabili a più forme di discriminazione, così come a violenze e molestie, (…)

207 4.2.5 Razzismo e discriminazione

invita gli Stati partecipanti a: (…)

2. prevenire l’ulteriore emarginazione ed esclusione dei rom e dei sinti e far fronte all’aumento dei fenomeni di discriminazione e della manifestazioni violente di intolleranza contro i rom e i sinti, anche nei confronti dei migranti rom e sinti, nei modi seguenti: 2.1 intensificando gli sforzi volti a promuovere la tolleranza e a combattere i pregiudizi nei con- fronti dei rom e dei sinti; 2.2 condannando inequivocabilmente e pubblicamente ogni violenza contro i rom e i sinti; 2.3 contrastando gli stereotipi negativi sui rom e i sinti nei mezzi di informazione tenendo conto dei pertinenti impegni OSCE in materia di libertà dei mezzi di informazione; (…)

2.8 promuovendo un dialogo inclusivo nella società al fine di sensibilizzarla sulla minaccia che l’intolleranza e la discriminazione contro i rom e i sinti può rappresentare per la coesione sociale, la stabilità e la sicurezza;

2.9 affrontando alla radice le cause della discriminazione e dell’intolleranza nei confronti dei rom e dei sinti, anche rafforzando gli sforzi in campo educativo e la presa di coscienza globale al fine di affrontare i pregiudizi e promuovere il rispetto e la comprensione reciproci;

B. Protezione dai crimini motivati dall’odio

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

Legislazione e applicazione della legge

9. (…) La legislazione antidiscriminazione dovrebbe garantire: (…) • l’imposizione di condanne più severe per crimini a motivazione razziale commessi sia da indi- vidui privati che da pubblici ufficiali; • il pari accesso a rimedi efficaci (procedure giudiziarie, amministrative, di conciliazione o di mediazione). (…)

16. Assicurare indagini determinate ed efficaci degli atti di violenza contro i Rom e i Sinti, spe- cialmente ove sussistano ragionevoli sospetti che tali atti siano stati commessi per motivi razziali, e perseguire i responsabili conformemente alle leggi nazionali e compatibilmente ai pertinenti standard sui diritti dell’uomo.

208 4.2.5 Razzismo e discriminazione

17. Assicurare, anche attraverso l’adozione di efficaci misure investigative e punitive da parte della polizia, che non vi sia impunità per coloro che hanno commesso atti di (…) violenza.

18. Facilitare l’accesso alla giustizia da parte dei Rom e dei Sinti tramite misure quali l’assistenza legale e la divulgazione di informazioni in lingua romanes.

Polizia

Azioni raccomandate agli Stati partecipanti: (…)

27. Sviluppare programmi di formazione atti a prevenire l’uso eccessivo della forza e a promuo- vere la coscienza e il rispetto dei diritti dell’uomo.

29. Sviluppare politiche e procedure che garantiscano un’efficace risposta della polizia alla violenza a motivazione razziale contro le popolazioni Rom e Sinti.

Atene 2009 (Decisione N.8/09 sul potenziamento delle iniziative dell’OSCE volte ad assicurare un’integrazione sostenibile dei rom e dei sinti)

Il Consiglio dei ministri, (…) 4 preoccupato per il fatto che i rom e i sinti appartengono a comunità che continuano a essere oggetto di fenomeni di razzismo e discriminazione e che il pregiudizio e le manifestazioni violente di intol- leranza contro i rom e i sinti sono in aumento,

rilevando che in un contesto di rallentamento economico globale i rom e i sinti sono tra i soggetti più esposti all’ostilità irrazionale e al biasimo sociale,

3. Esorta gli Stati partecipanti a intensificare i loro sforzi volti a promuovere la tolleranza e combat- tere il pregiudizio contro le popolazioni rom e sinti al fine di (…) far fronte all’aumento di mani- festazioni violente di intolleranza contro i rom e i sinti nonché a condannare inequivocabilmente e pubblicamente ogni violenza diretta contro i rom e i sinti e a adottare tutte le misure necessarie

209 4.2.6 Situazioni di crisi e post-crisi

per assicurare l’accesso a rimedi efficaci, conformemente alle procedure giuridiche, amministra- tive, di mediazione e conciliazione nazionali, nonché ad assicurare, a tale riguardo, il coordina- mento tra le autorità competenti a tutti i livelli; (…)

2.4 promulgando o rafforzando, ove necessario, leggi e misure politiche che affrontino la discri- minazione e i crimini motivati dal pregiudizio nei confronti dei rom e sinti; 2.5 rafforzando le capacità delle agenzie e del personale preposti all’applicazione della legge di indi- viduare, raccogliere dati in merito, indagare e perseguire i crimini motivati dall’odio contro i rom e i sinti; 2.6 adottando le misure necessarie per garantire l’accesso a rimedi efficaci per le vittime di discri- minazione e manifestazioni violente di intolleranza contro i rom e i sinti, attraverso procedure giudiziarie, amministrative, di mediazione e di conciliazione; (…)

2.10 sostenendo le iniziative della società civile volte a rappresentare e assistere le vittime rom e sinti di crimini ispirati dall’odio e di discriminazione; 2.11 adottando le misure necessarie per accrescere l’attiva partecipazione e l’autonomia dei rom e dei sinti al fine di promuovere la loro integrazione sociale; 2.12 adottando misure che garantiscano la sicurezza, il benessere e la salute delle donne, dei gio- vani e dei bambini rom e sinti, anche affrontando questioni quali la violenza domestica, i matri- moni precoci e la tratta di esseri umani e offrendo a tal fine, ove necessario, accesso a servizi di sostegno riabilitativo;

4.2.6 Situazioni di crisi e post-crisi

Maastricht 2003 (Annesso alla Decisione N.3/03: Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

VII. Rom e Sinti in situazioni di crisi e successive alle crisi (…)

Azioni raccomandate agli Stati partecipanti:

107. consultare le popolazioni Rom e Sinti al momento di definire situazioni di crisi per facilitare procedure adeguate e individuare aree geografiche specifiche dalle quali i rifugiati e gli sfollati interni fuggono, nonché assicurare che sia affrontata la situazione specifica dei Rom e dei Sinti.

108. Assicurare che le popolazioni Rom e Sinti in situazioni di sfollamento forzato [rifugiati e sfol- lati (IDP)] siano debitamente registrate e che siano loro forniti i documenti pertinenti.

210 4.3 Popolazioni autoctone

109. Gli Stati partecipanti dovrebbero assicurare l’attuazione di programmi idonei a promuovere una decisione consapevole dei rifugiati e degli sfollati Rom e Sinti riguardo a soluzioni durature per le loro situazioni, incluso l’esercizio del loro diritto ad un ritorno sicuro, decoroso e sosteni- bile. Tali programmi dovrebbero fornire informazioni concrete su ciascun motivo di apprensione per i rifugiati e gli sfollati e dovrebbero essere disponibili nelle loro lingue.

110. Assicurare che i rifugiati Rom e Sinti siano trattati secondo le pertinenti norme e standard internazionali in materia di tutela e in modo non discriminatorio.

111. Avvalersi del ruolo dell’ODIHR nella prevenzione dei conflitti e nell’individuazione delle aree di intervento tempestivo, e attingere dall’esperienza dell’ACMN dell’OSCE al riguardo.

112. Prestare particolare attenzione alle necessità delle donne e dei bambini Rom e Sinti in situa- zioni di crisi e successive alle crisi, in particolare fornendo loro l’accesso alle cure sanitarie, agli alloggi e alle scuole.

4.3 Popolazioni autoctone

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(29) Rilevando che le persone appartenenti a popolazioni autoctone possono incontrare partico- lari problemi nell’esercizio dei propri diritti, concordano che i loro impegni CSCE relativi ai diritti dell’uomo e alle libertà fondamentali si applichino a tali persone pienamente e senza discriminazioni.

4.4 Rifugiati, sfollati, rimpatriati e apolidi

Si veda anche: II. 3.1.11: Libertà di circolazione, contatti umani e ricongiungimento familiare II. 3.1.13: Diritto alla nazionalità 4 II. 4.2: Rom e Sinti II. 4.5: Lavoratori migranti II. 7: Impegni relativi al Diritto internazionale umanitario

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(22) [Gli Stati partecipanti] (…) consentiranno a tutti i rifugiati che lo desiderino di ritornare in piena sicurezza alle proprie dimore.

Helsinki 1992 (Dichiarazione del Vertice)

14. In epoche di conflitto, il soddisfacimento delle esigenze fondamentali dell’uomo è esposto al massimo rischio. (…) Riconosciamo che i problemi dei rifugiati, che scaturiscono da tali con- flitti, richiedono la cooperazione di noi tutti. Esprimiamo il nostro sostegno e la nostra solidarietà

211 4.4 Rifugiati, sfollati, rimpatriati e apolidi

ai paesi che sopportano l’urto dei problemi dei rifugiati, che derivano da tali conflitti. In tale con- testo, riconosciamo l’esigenza di cooperazione e di azioni concertate.

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(39) Esprimono la loro preoccupazione per il problema dei rifugiati e dei profughi.

(40) Sottolineano l’importanza di prevenire situazioni che possano dar luogo a flussi massicci di rifugiati e di profughi e ribadiscono la necessita di individuare ed affrontare le cause prime degli spostamenti e della migrazione involontaria.

(41) Riconoscono l’esigenza di una cooperazione internazionale nell’affrontare i flussi massicci di rifugiati e di profughi.

(42) Riconoscono che gli spostamenti sono spesso un risultato delle violazioni degli impegni della CSCE, inclusi quelli relativi alla Dimensione Umana.

(43) Riaffermano l’importanza degli standard e degli strumenti internazionali esistenti relativi alla tutela e all’assistenza dei rifugiati e prenderanno in considerazione l’adesione alla Convenzione relativa allo Status dei Rifugiati e al Protocollo, qualora non lo abbiano già fatto.

(44) Riconoscono l’importanza dell’Alto Commissario delle Nazioni Unite per i Rifugiati e del Comitato Internazionale della Croce Rossa, nonché delle organizzazioni non governative coinvolte nelle operazioni di soccorso, per la tutela e l’assistenza dei rifugiati e dei profughi.

(45) Accolgono con favore e appoggiano gli sforzi unilaterali, bilaterali e multilaterali compiuti per assicurare la tutela e l’assistenza dei rifugiati e dei profughi al fine di trovare soluzioni durevoli.

Stoccolma 1992 (Decisioni: 2. La CSCE quale comunità di valori)

Il crescente problema dei rifugiati e dei profughi costituisce una delle maggiori preoccupazioni di tutti gli Stati partecipanti, particolarmente nei conflitti in cui è maggiormente in pericolo il sod- disfacimento dei fabbisogni fondamentali dell’uomo. I Ministri hanno deplorato la situazione dif- ficile delle popolazioni civili maggiormente colpite da tali conflitti e hanno esortato tutti gli Stati partecipanti a contribuire ad uno sforzo concertato per condividere l’onere comune. Tutti i governi sono responsabili l’uno verso l’altro del loro comportamento nei confronti dei loro cittadini e dei loro vicini. Gli individui devono essere ritenuti personalmente responsabili dei crimini di guerra e degli atti in violazione del diritto umanitario internazionale.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

32. Gli Stati partecipanti esprimono la loro preoccupazione per i massicci movimenti migratori nella regione della CSCE, che comportano milioni di rifugiati e profughi, dovuti principalmente a guerre, conflitti armati, guerre civili e gravi violazioni dei diritti dell’uomo. (…) Essi decidono di ampliare la loro cooperazione a tale riguardo con i competenti organismi internazionali. (…)

212 4.4 Rifugiati, sfollati, rimpatriati e apolidi

Lisbona 1996 (Dichiarazione del Vertice)

9. (…) Fra i problemi impellenti nell’ambito della dimensione umana, le continue violazioni dei diritti dell’uomo, quali le migrazioni involontarie (…), continuano a mettere in pericolo la stabilità nella regione dell’OSCE. Ci impegniamo a proseguire le nostre attività volte a fronteggiare tali problemi.

10. Di fronte alle recenti tragedie dei rifugiati nella regione dell’OSCE e tenendo conto della que- stione delle migrazioni forzate, condanniamo nuovamente e ci impegniamo ad astenerci da qual- siasi politica di “pulizia etnica” o di espulsione di massa. I nostri Stati faciliteranno il ritorno, in condizioni dignitose e di incolumità, dei rifugiati e degli sfollati all’interno del proprio paese, con- formemente alle norme internazionali. La loro reintegrazione nei luoghi di origine deve essere pro- seguita senza discriminazioni. (…)

Istanbul 1999 (Dichiarazione del Vertice)

Siamo impegnati (…) ad agevolare il diritto dei profughi a partecipare alle elezioni convocate nei loro paesi di origine.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

22. Respingiamo qualsiasi politica di pulizia etnica o di espulsione di massa. Riaffermiamo il nostro impegno a rispettare il diritto di chiedere asilo e ad assicurare la tutela internazionale dei rifugiati, conformemente alla Convenzione del 1951 relativa allo status dei rifugiati e al suo Protocollo del 1967, nonché ad agevolare il ritorno volontario dei rifugiati e degli sfollati in condizioni dignitose e di incolumità. Perseguiremo, senza discriminazioni, l’obiettivo della reintegrazione dei rifugiati e degli sfollati nei loro luoghi di origine. Allo scopo di migliorare la protezione dei civili in situa- zioni di conflitto ci adopereremo per rafforzare l’applicazione del diritto umanitario internazionale. 4 Bucarest 2001 (Annesso alla Decisione 1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

15. Esame della questione dello sfollamento prolungato: Gli Stati partecipanti/ODIHR/ACMN/ Rappresentante per la libertà dei mezzi di informazione: esamineranno la possibilità di rafforzare la potenzialità dell’OSCE di contribuire a soluzioni durevoli, sostenendo altre competenti orga- nizzazioni internazionali, principalmente con l’Ufficio dell’Alto Commissario delle Nazioni Unite per i rifugiati, e cooperando strettamente con tali organizzazioni. Attueranno un attento monito- raggio delle situazioni di sfollamento prolungato.

213 4.4 Rifugiati, sfollati, rimpatriati e apolidi

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

12. si impegna, in tale contesto, fatti salvi la legislazione nazionale e gli impegni internazionali, a combattere la discriminazione, laddove esista, contro i richiedenti asilo e i rifugiati e invita l’O- DIHR a potenziare le proprie attività a tale riguardo;

13. prende atto dei Principi guida delle Nazioni Unite sullo sfollamento, quale utile cornice per i lavori dell’OSCE e per le iniziative degli Stati partecipanti in merito agli sfollati;

Sofia 2004 (Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi)

come raccomandato nelle Linee guida sulla tutela internazionale in materia di persecuzione su base sessuale, nel contesto dell’Articolo 1A (2) della Convenzione relativa allo status dei rifugiati del 1951 e/o del suo Protocollo relativo allo status dei rifugiati del 1967, introdurre prassi procedu- rali, qualora gli Stati non l’abbiano ancora fatto, che garantiscano alle donne richiedenti adeguata considerazione nelle procedure per la determinazione dello status di rifugiato e che sia accordato debito riconoscimento alle richieste avanzate per persecuzioni su base sessuale;

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

Amburgo 2016 (Decisione N.3/16 sul ruolo dell’OSCE nella gestione dei grandi movimenti di migranti e di rifugiati).

Il Consiglio dei ministri,

riconoscendo che i benefici e le opportunità di una migrazione sicura, ordinata e regolare sono considerevoli e spesso sottostimati, rilevando al contempo che la migrazione irregolare su vasta scala presenta spesso sfide complesse, e riconoscendo il sostanziale contributo economico e sociale che i migranti e i rifugiati possono apportare a una crescita inclusiva e a uno sviluppo sostenibile,

riconoscendo il ruolo guida delle Nazioni Unite,

elogiando gli sforzi compiuti sin dal 2015 dalle Presidenze serba e tedesca dell’OSCE per affron- tare con più efficacia le questioni relative a una gestione di tali movimenti nel quadro dell’OSCE,

214 4.5 Lavoratori migranti

prendendo atto delle numerose attività specifiche connesse alla migrazione e ai rifugiati già intra- prese dalle strutture esecutive dell’OSCE, nell’ambito dei mandati esistenti, nonché dagli Stati partecipanti, basate sugli impegni OSCE esistenti, su documenti delle Nazioni Unite e su politi- che nazionali,

basandosi sui dibattiti approfonditi svoltisi in seno all’OSCE, specialmente in occasione delle audi- zioni del Gruppo di lavoro informale sulla migrazione e i flussi di rifugiati della primavera 2016 e di una seduta speciale del Consiglio permanente dell’OSCE del 20 luglio 2016,

1. prende atto del lavoro del Gruppo di lavoro informale sulla migrazione e i flussi di rifugiati e degli esiti discussi durante la seduta speciale del Consiglio permanente dell’OSCE del 20 luglio 2016;

2. incoraggia le strutture esecutive dell’OSCE, nell’ambito dei mandati esistenti e delle risorse disponibili, a continuare il loro lavoro sulla questione della migrazione, anche attraverso il poten- ziamento delle attività che prevedono lo scambio di migliori pratiche e rafforzando il dialogo e la cooperazione con i Partner per la cooperazione in modo da integrare le attività intraprese da altre organizzazioni internazionali e agenzie pertinenti;

3. incoraggia gli Stati partecipanti ad avvalersi anche della piattaforma dell’OSCE, così come di altri organi di lavoro pertinenti dell’OSCE, al fine di continuare ad affrontare le questioni con- nesse alla migrazione nel cui ambito l’OSCE ha sviluppato competenze, e a migliorare il dialogo su questioni connesse alla migrazione relativamente all’elaborazione di possibili misure efficaci e approcci comuni per farvi fronte.

4.5 Lavoratori migranti

Si veda anche: II. 3.1.11: Libertà di circolazione, contatti umani e ricongiungimento familiare II. 3.2.2: Diritti economici e sociali II. 4.2: Rom e Sinti II. 5.3: Lotta agli atti motivati da pregiudizio, intolleranza e odio

4 Helsinki 1975 (Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente)

Gli Stati partecipanti,

Considerando che i movimenti dei lavoratori migranti in Europa hanno assunto dimensioni note- voli e che costituiscono un importante fattore economico, sociale e umano, sia nei paesi ospiti che nei paesi di origine,

Riconoscendo che le migrazioni di lavoratori hanno anche dato origine a un certo numero di pro- blemi economici, sociali, umani e di altro genere sia nei paesi di immigrazione che nei paesi di ori- gine,

Tenendo debitamente conto delle attività in questo campo della organizzazioni internazionali com- petenti, in particolare dell’Organizzazione Internazionale del Lavoro, sono del parere che i pro- blemi sollevati sul piano bilaterale dalla migrazione dei lavoratori in Europa come pure fra gli Stati partecipanti debbano essere trattati dalle parti direttamente interessate, allo scopo di risolvere tali

215 4.5 Lavoratori migranti

problemi nel loro reciproco interesse, in considerazione della preoccupazione di ciascuno Stato interessato di tenere debitamente conto delle necessità che derivano dalla sua situazione socioeco- nomica, avuto riguardo all’obbligo di ciascuno Stato di conformarsi agli accordi bilaterali e mul- tilaterali di cui è parte, e avendo presenti gli obiettivi seguenti: • incoraggiare gli sforzi dei paesi d’origine diretti ad aumentare le possibilità di impiego per i loro cittadini nei loro stessi territori, in particolare sviluppando una cooperazione economica ade- guata a questo scopo ed adatta ai paesi ospiti e ai paesi interessati; • assicurare, grazie alla cooperazione fra il paese ospite ed il paese d’origine, le condizioni in cui possa avvenire il movimento ordinato dei lavoratori, proteggendo, nel contempo, il loro benes- sere personale e sociale e organizzare, all’occorrenza, il reclutamento ed una elementare prepa- razione linguistica e professionale dei lavoratori migranti; • assicurare la parità di diritto fra i lavoratori migranti e i cittadini del paese ospite per quanto concerne le condizioni di impiego e di lavoro nonché di assicurazione sociale, ed adoperarsi per garantire che i lavoratori migranti possano godere di condizioni soddisfacenti di vita e parti- colarmente di alloggio; • far in modo, per quanto possibile, che i lavoratori migranti fruiscano delle stesse possibilità dei cittadini dei paesi ospiti nel trovare altri impieghi convenienti in caso di disoccupazione; • considerare favorevolmente che ai lavoratori migranti venga concessa una formazione professio- nale e che, per quanto possibile, la lingua del paese ospite venga loro insegnata gratuitamente, nell’ambito della loro occupazione; • confermare il diritto dei lavoratori migranti di ricevere, per quanto possibile, un’informazione regolare nella loro lingua, riguardante sia il loro paese di origine che il paese ospite; • assicurare che i figli dei lavoratori migranti stabiliti nel paese ospite abbiano accesso all’istru- zione ivi normalmente impartita alle stesse condizioni dei bambini di quel paese e, inoltre, permettere loro di ricevere una istruzione supplementare nella loro lingua, cultura nazionale, storia e geografia; • tener presente che i lavoratori migranti, particolarmente quelli che hanno acquisito qualifiche, al rientro nei loro paesi dopo un certo periodo di tempo, possono contribuire a ovviare alla penuria di manodopera qualificata nel loro paese di origine; • facilitare, in tutta la misura del possibile, la riunificazione dei lavoratori migranti con le loro famiglie; • considerare con favore gli sforzi effettuati dai paesi d’origine per attirare il risparmio dei lavo- ratori migranti allo scopo di accrescere, nel quadro del loro sviluppo economico, le possibilità di impiego appropriate agevolando così il reinserimento di tali lavoratori al loro ritorno.

Madrid 1983 (Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente)

Nel contesto delle disposizioni dell’Atto finale sul lavoro migrante in Europa, gli Stati parteci- panti rilevano che i recenti sviluppi dell’economia mondiale hanno influito sulla situazione dei lavoratori migranti. A tale riguardo gli Stati partecipanti esprimono il loro desiderio che i paesi ospiti e i paesi di origine, mossi da uno spirito di reciproco interesse e di cooperazione, intensi- fichino i loro contatti per migliorare ulteriormente la situazione generale dei lavoratori migranti e delle loro famiglie, per quanto riguarda, fra l’altro, la protezione dei loro diritti umani, com- presi i loro diritti economici, sociali e culturali, tenendo specialmente presenti i problemi speci- fici dei lavoratori migranti della seconda generazione. Essi si adopereranno inoltre per prevedere

216 4.5 Lavoratori migranti

o promuovere, ove esista una richiesta ragionevole, un adeguato insegnamento della lingua e della cultura dei paesi di origine.

Gli Stati partecipanti raccomandano che, fra le altre misure miranti a facilitare il reinserimento sociale ed economico dei lavoratori migranti rimpatriati, venga assicurata, mediante appropriati strumenti legislativi o accordi reciproci, la corresponsione delle pensioni acquisite o stabilite in base al sistema di previdenza sociale al quale tali lavoratori sono stati iscritti nel paese ospite.

Vienna 1989 (Cooperazione nei Campi dell’Economia, della Scienza e della Tecnica, e dell’Ambiente)

(40) Gli Stati partecipanti pongono in risalto l’esigenza di un’efficace attuazione delle disposizioni dell’Atto Finale e del Documento Conclusivo di Madrid relative ai lavoratori migranti ed alle loro famiglie in Europa. Essi invitano i paesi di accoglimento e i paesi di origine a compiere sforzi per migliorare ulteriormente le condizioni economiche, sociali, culturali e le altre condizioni di vita dei lavoratori migranti e delle loro famiglie che risiedono legalmente nei paesi di accoglimento. Essi raccomandano che i paesi di accoglimento e i paesi di origine promuovano la loro coopera- zione bilaterale nei settori rilevanti per facilitare il reinserimento dei lavoratori migranti e delle loro famiglie al loro ritorno nel paese di origine.

(41) Gli Stati partecipanti (…) considereranno favorevolmente le domande di riunificazione delle famiglie nonché i contatti e le visite familiari riguardanti lavoratori migranti di altri Stati parte- cipanti con residenza legale nei paesi di accoglimento.

(42) Gli Stati partecipanti assicureranno che i lavoratori migranti di altri Stati partecipanti e le loro famiglie possano liberamente avvalersi della propria cultura nazionale e preservarla ed avere accesso alla cultura del paese di accoglimento.

(43) Mirando ad assicurare effettivamente uguali possibilità per i figli dei lavoratori migranti e i figli dei propri cittadini per quanto concerne l’accesso a tutte le forme e a tutti i livelli d’istru- zione, gli Stati partecipanti affermano la propria disponibilità a prendere le misure necessarie per meglio utilizzare e per migliorare le possibilità educative. Inoltre, essi incoraggeranno o facilite- ranno, ove esista una richiesta ragionevole, un insegnamento supplementare nella propria madre- lingua per i figli dei lavoratori migranti. 4 (44) Gli Stati partecipanti riconoscono che le questioni dei lavoratori migranti hanno una pro- pria dimensione umana.

Copenhagen 1990

(22) Gli Stati partecipanti riaffermano che la tutela e la promozione dei diritti dei lavoratori migranti hanno una propria dimensione umana. In tale contesto, essi (22.1) concordano che la tutela e la promozione dei diritti dei lavoratori migranti riguardano tutti gli Stati partecipanti e, in quanto tali, esse dovrebbero essere considerate nel quadro del processo CSCE, (22.2) riaffermano il proprio impegno di attuare pienamente nelle legislazioni nazionali i diritti dei lavoratori migranti previsti dagli accordi internazionali di cui essi sono parti, (22.3) considerano che nei futuri strumenti internazionali concernenti i diritti dei lavoratori migranti essi dovrebbero tener conto del fatto che tale questione è importante per tutti gli Stati partecipanti,

217 4.5 Lavoratori migranti

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Riconosciamo che le questioni riguardanti i lavoratori migranti e le loro famiglie che risiedono legalmente nei paesi ospitanti presentano aspetti economici, culturali e sociali nonché una dimen- sione umana. Riaffermiamo che la tutela e la promozione dei loro diritti, nonché l’attuazione dei relativi obblighi internazionali, è nostra comune preoccupazione.

Mosca 1991

(38) Gli Stati partecipanti riconoscono l’esigenza di assicurare che vengano rispettati i diritti dei lavoratori migranti e delle loro famiglie legittimamente residenti negli Stati partecipanti e sotto- lineano il loro diritto di esprimere liberamente le loro caratteristiche etniche, culturali, religiose e linguistiche. L’esercizio di tali diritti può essere soggetto alle restrizioni prescritte dalla legge e conformi alle norme internazionali. (38.1) Essi condannano tutti gli atti di discriminazione per motivi di razza, colore, origine etnica, di intolleranza e xenofobia contro i lavoratori migranti. Essi adotteranno, conformemente alla legislazione nazionale e agli obblighi internazionali, misure efficaci per promuovere la tolleranza, la comprensione, pari opportunità e il rispetto dei fondamentali diritti umani dei lavoratori migranti e adotteranno, qualora non l’abbiano già fatto, misure che vietino atti che costituiscono incitamento alla violenza sulla base di discriminazione, ostilità od odio di carattere nazionale, razziale, etnico o religioso. (38.2) Essi adotteranno misure appropriate che consentano ai lavoratori migranti di partecipare alla vita della società degli Stati partecipanti. (38.3) Essi rilevano che le questioni riguardanti la dimensione umana dei lavoratori migranti resi- denti nel loro territorio potrebbero, come qualsiasi altra questione relativa alla dimensione umana, essere sollevate nel quadro del meccanismo della dimensione umana.

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(36) Dichiarano nuovamente che i diritti dell’uomo e le libertà fondamentali sono universali, che di essi godono anche i lavoratori migranti dovunque essi vivano e sottolineano l’importanza dell’at- tuazione di tutti gli impegni CSCE relativi ai lavoratori migranti e alle loro famiglie che risiedono legalmente negli Stati partecipanti.

(37) Essi incoraggeranno la creazione di condizioni atte a promuovere una maggiore armonia nelle relazioni fra i lavoratori migranti e il resto della società dello Stato partecipante in cui essi risie- dono legalmente. A tal fine essi cercheranno, fra l’altro, di proporre misure per facilitare la fami- liarizzazione dei lavoratori migranti e delle loro famiglie con le lingue e la vita sociale del rispettivo Stato partecipante in cui essi legalmente risiedono cosi da consentire loro di partecipare alla vita della società del paese che li ospita.

(38) Conformemente alle loro politiche nazionali, alle leggi e agli obblighi internazionali, cerche- ranno, come opportuno, di creare le condizioni atte a promuovere l’eguaglianza di opportunità per quanto riguarda le condizioni di lavoro, l’educazione, i servizi di sicurezza sociale e sanita- ria, la casa, l’accesso ai sindacati nonché i diritti culturali per i lavoratori migranti che risiedono e lavorano legalmente.

218 4.5 Lavoratori migranti

Budapest 1994 (Decisioni: VIII Dimensione Umana)

29. Essi hanno deciso che dovrebbero essere adottate misure appropriate per prevenire più effi- cacemente gli attacchi razzisti ed altre manifestazioni di intolleranza violenta contro i lavoratori migranti e le loro famiglie. (…)

31. Essi continueranno a promuovere l’integrazione dei lavoratori migranti nelle società dei paesi in cui sono legalmente residenti. Riconoscono che il successo del processo di integrazione dipende anche dalla volontà degli stessi lavoratori migranti di perseguire attivamente tale integrazione ed hanno pertanto deciso di incoraggiarli in tal senso.

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

11. si impegna a combattere la discriminazione nei confronti dei lavoratori migranti. Si impegna inoltre a facilitare l’integrazione dei lavoratori migranti nelle società in cui essi risiedono legal- mente (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

(…) gli Stati partecipanti si impegnano a: (…) • intraprendere iniziative, in conformità con le loro leggi nazionali e i loro obblighi internazio- nali, contro la discriminazione, l’intolleranza e la xenofobia nei confronti dei migranti e dei lavoratori migranti; • prevedere lo svolgimento di attività volte a sensibilizzare l’opinione pubblica sul prezioso con- tributo dei migranti e dei lavoratori migranti per la società; (…) 4 Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

219 4.5 Lavoratori migranti

Lubiana 2005 (Decisione N.2/05 sulla migrazione)

Il Consiglio dei ministri,

riaffermando gli impegni relativi alla migrazione, in particolare quelli concernenti i lavoratori migranti, ed altri pertinenti impegni, (…)

riconoscendo la crescente importanza assunta dal fenomeno della migrazione, nonché le sfide e le opportunità che essa pone agli Stati partecipanti,

riconoscendo inoltre che la migrazione sta divenendo un fenomeno sempre più complesso e dai molteplici aspetti, che deve essere affrontato in modo globale e richiede pertanto un approccio transdimensionale a livello nazionale, regionale e internazionale,

riconoscendo che tutti gli Stati devono dotarsi di quadri nazionali efficaci per gestire la migra- zione, sottolineando che la migrazione è intrinsecamente un problema transnazionale che richiede la cooperazione tra Stati,

prendendo atto che la migrazione rappresenta un importante fattore economico, sociale ed umano per i Paesi ospitanti e per i Paesi di origine,

riconoscendo inoltre che valide politiche di integrazione, che includano il rispetto per la diversità culturale e religiosa, nonché la promozione e la tutela dei diritti umani e delle libertà fondamentali rappresentano uno dei fattori per promuovere la stabilità e la coesione all’interno delle nostre società, (…)

esprimendo soddisfazione per la cooperazione esistente in seno all’OSCE, in particolare tra l’Uf- ficio per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e l’Ufficio del Coordinatore delle attività economiche e ambientali dell’OSCE (OCEEA) e le pertinenti organizzazioni e isti- tuzioni internazionali,

considerato che l’OSCE, nel quadro del suo approccio globale alla sicurezza, potrebbe offrire con- tributi, tra l’altro, nei seguenti modi: • lavorando in sinergia e sviluppando un più solido partenariato con gli organismi internazionali che si occupano in modo specifico di migrazione, • facilitando il dialogo e la cooperazione tra gli Stati partecipanti, inclusi i paesi di origine, di tran- sito e di destinazione nell’aerea dell’OSCE, nonché i Partner dell’OSCE per la cooperazione e i Partner mediterranei per la cooperazione, • prestando assistenza agli Stati partecipanti, su loro richiesta, per l’elaborazione di efficaci poli- tiche migratorie e l’attuazione dei pertinenti impegni nel quadro dell’OSCE, • invitando gli Stati partecipanti a considerare la possibilità di aderire agli strumenti internazio- nali in tale campo,

Atene 2009 (Decisione N.5/09 sulla gestione della migrazione)

Il Consiglio dei ministri, (…)

riconoscendo la crescente importanza e i benefici di un’efficace gestione della migrazione per lo sviluppo socio-economico, la coesione sociale, la sicurezza e la stabilità in tutti i paesi inclusi

220 4.5 Lavoratori migranti

quelli di origine, transito e destinazione, e riconoscendo pienamente i diritti umani dei migranti e dei loro familiari,

sottolineando l’importanza di integrare le politiche sulla migrazione nelle strategie economi- che, sociali, ambientali, di sviluppo e di sicurezza e di affrontare la gestione della migrazione con approcci cooperativi, globali e transdimensionali,

sottolineando la necessità di facilitare la migrazione legale e di contrastare la migrazione clandestina,

tenendo presente i differenti approcci alle questioni relative alla migrazione adottati dagli Stati par- tecipanti all’OSCE, e avvalendosi della loro esperienza e delle loro migliori prassi,

ponendo l’accento sulla necessità di approfondire il dialogo e la cooperazione a tutti i livelli all’in- terno degli Stati e tra essi, e con tutti i pertinenti attori, comprese le parti sociali, la comunità imprenditoriale, la società civile e il mondo accademico, al fine di cogliere efficacemente le oppor- tunità e affrontare le sfide relative alla gestione globale della migrazione,

confermando che la cooperazione, il dialogo e lo scambio di buone prassi e di informazioni su questioni relative alla gestione della migrazione restano una componente importante del concetto globale di sicurezza dell’OSCE, sostenuto nei modi appropriati e nel quadro dei rispettivi man- dati, capacità e risorse in tutte tre le dimensioni,

1. incoraggia gli Stati partecipanti a continuare a impegnarsi nella gestione della migrazione: • dedicando particolare attenzione alle cause principali della migrazione; • assicurando che le proprie prassi nazionali in materia di migrazione siano conformi ai rispet- tivi obblighi internazionali e impegni nel quadro dell’OSCE; • elaborando ulteriormente e rafforzando l’attuazione di politiche e piani d’azione nazionali di ampia portata ed efficaci sulla migrazione, come appropriato; • migliorando la raccolta di dati comparabili sulla migrazione, al fine di facilitare il dialogo e lo scambio di migliori prassi a livello dell’OSCE; • promuovendo la cooperazione e i partenariati tra paesi di origine e destinazione, attraverso la promozione di piani efficaci di migrazione legale, quali la migrazione circolare e altri tipi di programmi di mobilità di manodopera volontaria, a favore dello sviluppo dei paesi di ori- 4 gine e destinazione; • rispettando i diritti umani dei migranti e incrementando gli sforzi volti a combattere la discri- minazione, l’intolleranza e la xenofobia nei confronti dei migranti e delle loro famiglie;

2. incoraggia gli Stati partecipanti a integrare gli aspetti di genere nelle loro politiche sulla migra- zione, prendendo nota delle raccomandazioni della Guida dell’OSCE sulle politiche in materia di migrazione sensibili alle specificità di genere;

3. esorta gli Stati partecipanti a rafforzare la gestione della migrazione tramite una migliore coe- renza tra le politiche in materia di migrazione e le politiche economiche, sociali, ambientali e di sicurezza, attraverso la consultazione, il partenariato e la cooperazione tra i governi a livello bila- terale, regionale e interregionale, come appropriato;

4. incoraggia gli Stati partecipanti a adottare misure necessarie per minimizzare gli effetti negativi della crisi finanziaria ed economica globale sui migranti intensificando la cooperazione economica,

221 4.6 Persone con disabilità

creando condizioni favorevoli per gli investimenti e lo sviluppo dell’impresa nonché facilitando il flusso di rimesse;

5. incarica il Consiglio permanente, i suoi organi sussidiari informali e le strutture esecutive dell’OSCE, conformemente ai loro rispettivi mandati in tutte le dimensioni, nel quadro del con- cetto globale di sicurezza dell’Organizzazione e nel quadro delle risorse disponibili di, tra l’altro: • fornire un’ampia piattaforma regionale di dialogo sulle questioni riguardanti la migrazione e la sicurezza, sia tra gli Stati partecipanti all’OSCE, sia tra gli Stati partecipanti e i Partner per la cooperazione, con il coinvolgimento di altri pertinenti attori, in piena conformità con le Norme procedurali dell’OSCE; • continuare a occuparsi degli aspetti di genere della migrazione; • assistere gli Stati partecipanti, su loro richiesta, nel migliorare la legislazione in materia di migra- zione e nell’elaborare e attuare efficaci strategie politiche nazionali, fornendo consulenza e for- mazione, in cooperazione con pertinenti organizzazioni internazionali e regionali; • contribuire agli sforzi internazionali volti a valutare il possibile impatto del degrado ambientale sulle pressioni migratorie, che i cambiamenti climatici potrebbero aggravare, al fine di assicu- rare una migliore preparazione in tale ambito; • continuare ad assistere gli Stati partecipanti, su loro richiesta, nel promuovere una gestione efficace della migrazione, compreso lo scambio di migliori prassi, e nel facilitare la migrazione legale e contrastare la migrazione clandestina, dedicando particolare attenzione alla coopera- zione bilaterale e multilaterale in tale campo.

4.6 Persone con disabilità

Mosca 1991

(41) Gli Stati partecipanti decidono di (41.1) assicurare la tutela dei diritti dell’uomo per le persone invalide; (41.2) prendere iniziative per assicurare a tali persone pari opportunità di partecipare pienamente alla vita della loro società; (41.3) promuovere l’appropriata partecipazione di tali persone al processo decisionale nei campi che le riguardano; (41.4) incoraggiare i servizi e la formazione di assistenti sociali per la riabilitazione professionale e sociale degli invalidi; (41.5) incoraggiare condizioni favorevoli per l’accesso degli invalidi agli edifici e ai servizi pub- blici, alle abitazioni, ai mezzi di trasporto, alle attività culturali e ricreative.

Milano 2018 (Decisione N.5/18 sullo sviluppo del capitale umano nell’era digitale) (…)

222 4.7 Minori

e alle persone con disabilità, soprattutto nei settori economici ad alta intensità di lavoro e con risorse umane poco qualificate, (…)

4.7 Minori

Si veda anche: II. 3.1.11: Libertà di circolazione, contatti umani e ricongiungimento familiare II. 3.2.4: Diritto all’istruzione II. 4.2: Rom e Sinti II. 4.4: Rifugiati, sfollati, rimpatriati e apolidi II. 4.5: Lavoratori migranti 4 II. 6.2: Prevenzione della tratta di esseri umani

Copenhagen 1990 • (13) Gli Stati partecipanti decidono di prestare particolare attenzione al riconoscimento dei diritti del bambino, dei suoi diritti civili e delle sue libertà individuali, dei suoi diritti economici, sociali e culturali, nonché del suo diritto ad una particolare tutela contro qualsiasi forma di vio- lenza e di sfruttamento. Essi considereranno la possibilità di aderire, se non l’abbiano ancora fatto, alla Convenzione sui Diritti del Bambino, aperta alla firma degli Stati il 26 gennaio 1990. • Essi riconosceranno nelle loro leggi nazionali i diritti del bambino così come sono stati definiti negli accordi internazionali di cui sono parti.

223 4.7 Minori

Istanbul 1999 (Dichiarazione del Vertice)

28. In occasione del decimo anniversario dell’adozione della Convenzione sui diritti del bambino e mettendo in pratica gli impegni OSCE di Copenaghen, ci impegniamo a promuovere attiva- mente i diritti e gli interessi dei bambini, specialmente in situazioni di conflitto e postconflittuali. Nei lavori dell’OSCE ci occuperemo regolarmente dei diritti dei bambini (…) Presteremo partico- lare attenzione al benessere fisico e psicologico dei bambini coinvolti o colpiti da conflitti armati.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

24. Adotteremo misure per (…) porre fine alle violenze perpetrate contro (…) i bambini nonché allo sfruttamento sessuale e a tutte le forme di traffico di esseri umani. Al fine di prevenire detti crimini, promuoveremo, fra l’altro, l’adozione o il rafforzamento di leggi che prevedano di pro- cessare le persone colpevoli di tali azioni, migliorando altresì la tutela delle vittime. Svilupperemo inoltre ed attueremo misure volte a promuovere i diritti e gli interessi dei bambini nei conflitti armati e nelle situazioni postbelliche, ivi inclusi i bambini profughi e sfollati. Cercheremo i mezzi per prevenire l’arruolamento forzato od obbligatorio di persone di età inferiore ai 18 anni per coin- volgerle in conflitti armati.

Bruxelles 2006 (Decisione N.15/06 sulla lotta allo sfruttamento sessuale dei bambini)

Il Consiglio dei ministri,

riconoscendo che lo sfruttamento sessuale dei bambini costituisce un problema grave e di ampie proporzioni in tutta la regione dell’OSCE e al di fuori di essa, con manifestazioni molteplici e inter- connesse di tutte le forme di sfruttamento sessuale dei bambini, tra cui la prostituzione, la porno- grafia infantile, la tratta di minori a fini di sfruttamento sessuale, il turismo sessuale e i matrimoni forzati di bambini,

riconoscendo che lo sfruttamento sessuale dei bambini offende la dignità umana e pregiudica il godimento dei diritti umani e delle libertà fondamentali,

considerando che lo sfruttamento sessuale dei bambini è un crimine grave e efferato, che coin- volge in molti casi la criminalità organizzata e che è necessario prevenire, investigare, perseguire e sanzionare con tutti i mezzi disponibili,

sottolineando la necessità di affrontare la vasta gamma di fattori che rendono i bambini vulnerabili allo sfruttamento sessuale, tra cui le disparità economiche, il mancato accesso all’istruzione e la discriminazione, ivi inclusa la discriminazione su base sessuale, nonché la necessità di contrastare la domanda di pornografia infantile e di turismo sessuale e di prevenire le azioni dei responsabili,

considerando che lo sfruttamento sessuale dei bambini è in crescita e che si sta diffondendo attra- verso l’uso di nuove tecnologie come Internet, (…)

1. condanna lo sfruttamento sessuale dei bambini in tutte le sue forme, in particolare: (a) la prostituzione infantile e la pornografia infantile, ivi incluse azioni volte a offrire, ottenere, procurare, fornire o reclutare un minore a tali fini o trarre profitto dallo sfruttamento di un minore a tali fini;

224 4.7 Minori

(b) ove si faccia uso di coercizione, forza, frode o minacce, abuso di fiducia, autorità o influenza su un minore, ovvero si offra o si dia denaro o altre forme di remunerazione/controprestazione in cambio di attività sessuali, anche nel corso di conflitti armati o in situazioni postconflittuali; (c) la produzione, distribuzione, divulgazione o trasmissione, l’offerta o comunque il mettere a disposizione materiale pornografico infantile in tutte le sue forme (tramite sistemi informatici, Internet o attraverso altri mezzi); (d) l’acquisizione e il possesso intenzionali di materiale pornografico infantile; (e) la tratta di minori a fini di sfruttamento sessuale;

2. invita gli Stati partecipanti a uniformare la loro legislazione in materia ai loro pertinenti impe- gni e obblighi internazionali;

3. esorta gli Stati partecipanti ad adottare un approccio olistico al problema dello sfruttamento sessuale dei bambini, affrontando i fattori che ne sono all’origine e che vi contribuiscono, tra cui la domanda, che favorisce tutte le forme di sfruttamento sessuale dei bambini, e ad elaborare strategie globali e fattive nonché misure atte a prevenire e combattere lo sfruttamento sessuale dei bambini;

4. esorta vivamente gli Stati partecipanti ad adottare tutte le misure giuridiche atte a perseguire lo sfruttamento sessuale dei bambini, imponendo sanzioni effettive, proporzionate e deterrenti. A tale riguardo, incoraggia gli Stati partecipanti a prendere in considerazione misure giuridiche che consentano di perseguire i loro cittadini per gravi crimini a sfondo sessuale contro minori, anche nel caso in cui tali crimini siano commessi in un altro Paese;

5. invita gli Stati partecipanti a rafforzare le capacità delle istituzioni preposte all’applicazione della legge di avviare fattivamente indagini e perseguire i colpevoli;

6. invita gli Stati partecipanti ad agevolare la tutela giuridica, l’assistenza, le appropriate cure medi- che, i programmi di riabilitazione e reintegrazione per i minori vittime dello sfruttamento sessuale e, ove appropriato, ad assicurare il rientro in condizioni di sicurezza dei minori oggetto di tratta;

7. invita gli Stati partecipanti a sensibilizzare l’opinione pubblica a tutti i livelli sociali sul problema dello sfruttamento sessuale dei bambini;

8. consiglia agli Stati partecipanti di elaborare sistemi compatibili e interscambiabili di registra- 4 zione di dati riferentisi sullo sfruttamento sessuale dei bambini, con il dovuto riguardo alla riser- vatezza dei dati personali, nonché di promuovere meccanismi globali di raccolta ed analisi dei dati sullo sfruttamento sessuale dei minori;

9. esprime sostegno alle misure degli Stati partecipanti, in collaborazione con organizzazioni non governative (ONG) e con gli appropriati rappresentanti di pertinenti settori economici, quali l’in- dustria del turismo, il settore alberghiero e quello dei media, per eliminare la domanda di sfrut- tamento sessuale dei bambini;

10. sollecita una più intensa cooperazione tra gli Stati partecipanti affinché i responsabili dello sfruttamento sessuale dei bambini siano individuati, indagati, perseguiti e puniti;

11. raccomanda agli Stati partecipanti di istituire programmi di formazione sul tema dello sfrut- tamento sessuale dei minori per il personale impiegato, tra l’altro, nei settori della giustizia, della polizia, del turismo, dei trasporti, dell’assistenza sociale e sanitaria, della società civile, delle orga- nizzazioni confessionali e dell’istruzione;

225 4.7 Minori

12. auspica che le pertinenti autorità degli Stati partecipanti, nel rispetto delle legislazioni nazionali in materia di tutela dei dati personali, collaborino con i gestori dei servizi Internet, con le società di carte di credito, con gli istituti bancari ed altri enti, nonché con le pertinenti ONG, al fine di rile- vare informazioni attinenti allo sfruttamento sessuale dei bambini e renderle note;

13. raccomanda la creazione di servizi di assistenza telefonica o tramite Internet, eventualmente in collaborazione con organizzazioni non governative, ai quali i cittadini possano rivolgersi in via confidenziale per denunciare episodi di sfruttamento sessuale di minori, al fine di consentire l’av- vio di indagini da parte delle istituzioni preposte all’applicazione della legge nonché fornire appro- priato sostegno alle vittime e alle loro famiglie; (…)

15. incarica le strutture esecutive dell’OSCE, nell’ambito dei loro esistenti mandati, di esaminare modi e mezzi per assicurare l’appropriata formazione e sensibilizzazione dei funzionari OSCE sul problema dello sfruttamento sessuale dei minori, tenendo presenti il Codice di condotta per i fun- zionari dell’OSCE e l’Istruzione 11 per il personale in materia di tratta di esseri umani;

16. incoraggia le pertinenti strutture esecutive dell’OSCE, nell’ambito dei loro esistenti mandati, a prestare attenzione al tema dello sfruttamento sessuale dei minori, ivi inclusi i rapporti tra tale fenomeno e la tratta di esseri umani, e pone l’accento sulla necessità che tali strutture e gli Stati partecipanti cooperino con altre organizzazioni internazionali, ONG e con la società civile nella lotta allo sfruttamento sessuale dei bambini.

Madrid 2007 (Decisione N.8/07 sulla lotta alla tratta di esseri umani a fini di sfruttamento del lavoro)

Il Consiglio dei ministri, (…)

invita gli Stati partecipanti a: (…)

20. intensificare gli sforzi volti a prevenire il lavoro minorile, prendendo in considerazione la pos- sibilità di firmare e ratificare la Convenzione dell’OIL del 1999 sulle forme peggiori di lavoro minorile, qualora non l’abbiano ancora fatto e, nel caso vi facciano già parte, attuandone le rela- tive disposizioni; (…)

Madrid 2007 (Decisione N.9/07 sulla lotta allo sfruttamento sessuale dei bambini su Internet)

Il Consiglio dei ministri,

allarmato per il fatto che l’espansione di Internet abbia generato un enorme aumento su scala mon- diale della visione e della diffusione di materiale pedopornografico nonché dei profitti che ne deri- vano, anche a favore di organizzazioni criminali, (…)

determinato a combattere questo crescente fenomeno, anche attraverso il rafforzamento delle atti- vità dell’OSCE per farvi fronte, decide di:

226 4.7 Minori

1. incoraggiare gli Stati partecipanti che non lo abbiano ancora fatto a creare un centro operativo nazionale o un’altra struttura, come appropriato, al fine di accrescere il coordinamento e promuo- vere, per quanto possibile, partenariati pubblico-privati per affrontare più efficacemente i problemi connessi allo sfruttamento sessuale dei minori;

2. invita gli Stati partecipanti che non lo abbiano ancora fatto a raccogliere e a registrare informa- zioni, conformemente alle disposizioni nazionali sulla tutela dei dati personali, relative a persone condannate per reati di sfruttamento o violenza sessuale a danno di minori, al fine di facili- tare la cattura dei colpevoli e il monitoraggio della loro libertà vigilata, nonché a elaborare, ove appropriato, strumenti che consentano lo scambio a livello internazionale fra le agenzie preposte all’applicazione della legge di informazioni relative alla condanna e all’interdizione delle persone incriminate per reati di natura sessuale;

3. incoraggia gli Stati partecipanti che non lo abbiano ancora fatto a creare un sistema che con- senta alle forze di polizia di collaborare con le emittenti pubbliche e diffondere rapidamente, ove appropriato, un allarme pubblico a seguito della scomparsa di un minore;

4. sollecita gli Stati partecipanti che non lo abbiano ancora fatto a considerare di perseguire penal- mente l’acquisizione e il possesso deliberato di materiali pedopornografici, poiché la visione e il possesso di tali materiali favoriscono l’espansione di tale industria illecita;

5. incoraggia gli Stati partecipanti che non lo abbiano ancora fatto a istituire specifici servizi nazio- nali di assistenza telefonica per le denunce di violenza sui minori, ivi incluso lo sfruttamento ses- suale dei bambini su Internet;

6. invita gli Stati partecipanti a favorire, ove appropriato, una maggiore raccolta di dati e ricer- che in merito allo sfruttamento sessuale dei minori e alla pedopornografia su Internet, allo scopo di comprendere meglio la portata e l’evoluzione del problema e pertanto accrescere l’efficacia dei programmi volti a combatterlo;

7. sostiene l’idea che gli Stati partecipanti, conformemente alla legislazione nazionale relativa alla tutela dei dati personali, collaborino non soltanto su scala nazionale ma anche a livello internazio- nale con i fornitori dei servizi di Internet, le società di carte di credito, gli istituti bancari e altre società, al fine di prevenire l’uso di Internet per lo sfruttamento sessuale dei minori e impedire le relative procedure di pagamento con l’obiettivo di rendere tale reato meno redditizio e contra- 4 stare in tal modo la domanda di materiale pedopornografico su Internet;

8. rinnova l’invito agli Stati partecipanti a favorire la tutela giuridica, l’assistenza, appropriate cure mediche, programmi di riabilitazione e reintegrazione per i minori vittima di sfruttamento sessuale e, ove appropriato, ad assicurare il ritorno in condizioni di sicurezza dei minori vittima della tratta internazionale;

9. sollecita gli Stati partecipanti all’OSCE a potenziare ulteriormente la formazione specializzata dei funzionari di polizia, degli insegnanti e del personale sanitario, come appropriato, sul tema della lotta alla pedopornografia su Internet, anche avvalendosi di programmi esistenti come quelli offerti dal Centro internazionale per i bambini scomparsi e sfruttati, e incarica le pertinenti strut- ture esecutive dell’OSCE di facilitare i contatti a tale riguardo;

10. incarica le pertinenti strutture dell’OSCE di assistere gli Stati partecipanti, su richiesta di questi ultimi, nell’attuazione della presente decisione e della Decisione del Consiglio dei ministri N.15/06, nell’ambito delle risorse disponibili e senza pregiudizio per le attività esistenti;

227 4.7 Minori

11. incarica il Segretariato dell’OSCE, nell’ambito delle risorse esistenti, di realizzare sul sito web POLIS della sua Unità per le questioni strategiche di polizia una sezione plurilingue dedicata alla lotta contro lo sfruttamento sessuale dei bambini su Internet e, a tale riguardo, la sezione POLIS dovrebbe creare un foro di esperti incaricato di facilitare l’accesso da parte delle agenzie degli Stati partecipanti preposte all’applicazione della legge alle migliori prassi e alle tecniche investi- gative o al software disponibili e l’accesso all’assistenza in materia di elaborazione di leggi o di modelli legislativi, fornendo informazioni atte a sensibilizzare l’opinione pubblica, nonché colle- gamenti web per il pubblico; (…)

Helsinki 2008 (Decisioni: Decisione N.5/08 sul potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale)

Il Consiglio dei ministri, (…)

7. invita gli Stati partecipanti che non l’abbiano ancora fatto a prevedere misure speciali di prote- zione e assistenza a minori vittima di tratta durante i procedimenti giudiziari penali, conforme- mente ai principi del superiore interesse del minore, della non discriminazione, della partecipazione e dell’opportunità del minore di essere ascoltato; (…)

Basilea 2014 (Dichiarazione sui giovani)

Noi, (…), ricordiamo gli impegni OSCE relativi ai giovani e ai bambini, sanciti nell’Atto finale di Helsinki e in altre pertinenti decisioni dell’OSCE, e prendiamo atto degli sforzi compiuti da altre organizzazioni internazionali a tale riguardo, in particolare le Nazioni Unite.

Riconosciamo che i giovani e i bambini richiedono un’attenzione particolare e che le loro esigenze, le loro preoccupazioni e i loro interessi dovrebbero essere affrontati in modo globale.

Riconosciamo che i giovani sono potenzialmente in grado di contribuire allo sviluppo economico, politico e sociale e che essi possono offrire sostegno agli Stati partecipanti nell’attuazione degli impegni in tutte le tre dimensioni dell’OSCE. (…)

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

esprimendo particolare preoccupazione per il fatto che i giovani, inclusi i bambini, vengono coin- volti nella radicalizzazione al terrorismo e reclutati come combattenti terroristi stranieri, e rico- noscendo l’importanza di lavorare con i giovani per prevenire e contrastare la radicalizzazione dei giovani al terrorismo, (…)

invitiamo gli Stati partecipanti: (…)

228 4.7 Minori

14. a coinvolgere e fornire maggior potere ai giovani al fine di prevenire e contrastare l’estremi- smo violento e la radicalizzazione che conducono al terrorismo, tra l’altro: (a) creando un clima favorevole e opportunità per la partecipazione e l’impegno volontario e libero dei giovani nella vita pubblica e nella promozione dei diritti umani, delle libertà fondamentali, dei principi di democrazia, dello stato di diritto, della tolleranza, della non discriminazione, del dia- logo, del rispetto e della comprensione reciproci, facilitandone altresì l’accesso ai servizi sociali; (b) sostenendo i giovani che desiderano contribuire a tali sforzi attraverso la formazione scolastica e presso gli istituti di educazione superiore; (c) sostenendo iniziative di sensibilizzazione condotte dai giovani e incentrate sui giovani, anche su Internet e i social media, atte a prevenire e contrastare la loro radicalizzazione al terrorismo e a promuovere il rispetto per i diritti umani, le libertà fondamentali, la tolleranza e la non discri- minazione; (d) promuovendo programmi che facilitino l’accesso dei giovani all’occupazione;

Belgrado 2015 (Dichiarazione sui giovani e la sicurezza)

Noi, (…), ricordiamo gli impegni OSCE relativi ai giovani, basati su pertinenti disposizioni dell’Atto finale di Helsinki.

Prendiamo atto degli sforzi compiuti dall’attuale Presidenza dell’OSCE e da quelle precedenti e sot- tolineiamo l’importanza di promuovere l’attuazione degli impegni OSCE sui giovani, particolar- mente nel campo dell’educazione e sul ruolo che i giovani possono svolgere nel sostenere gli Stati partecipanti nell’attuazione degli impegni OSCE in tutte le tre dimensioni dell’OSCE.

Riconosciamo che i giovani e i bambini richiedono un’attenzione particolare e che le loro esigenze, le loro preoccupazioni e i loro interessi dovrebbero essere trattati in modo globale.

Milano 2018 (Decisione N.5/18 sullo sviluppo del capitale umano nell’era digitale) (…)

consapevole che i cambiamenti nel mercato del lavoro introdotti dalla trasformazione digitale pos- sono potenzialmente accrescere le disparità economiche e sociali e che è d’uopo consacrare mag- 4 giore attenzione allo sviluppo del capitale umano, con particolare riguardo alle donne, ai giovani e alle persone con disabilità, soprattutto nei settori economici ad alta intensità di lavoro e con risorse umane poco qualificate, (…)

229 4.7 Minori

Milano 2018 (Dichiarazione sul ruolo dei giovani nel contribuire alle iniziative di pace e di sicurezza)

1. Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, riconosciamo che i giovani sono una parte importante della società e possono svolgere un ruolo nel sostenere gli Stati partecipanti ai fini dell’attuazione degli impe- gni in tutte le tre dimensioni.

2. Ricordiamo gli impegni OSCE relativi ai giovani, basati sulle pertinenti disposizioni dell’Atto finale di Helsinki, sulla Dichiarazione sui giovani del Consiglio dei ministri di Basilea del 2014 e sulla Dichiarazione sui giovani e la sicurezza del Consiglio dei ministri di Belgrado del 2015.

3. Prendiamo atto delle risoluzioni (…) del Consiglio di sicurezza della Nazioni Unite sui giovani nel mantenimento della pace e della sicurezza internazionali.

4. Prendiamo atto degli sforzi compiuti dall’attuale e dalle precedenti Presidenze dell’OSCE e del lavoro svolto dagli Stati partecipanti per promuovere l’agenda sui giovani, la pace e la sicurezza, come la conferenza OSCE “Lavorare con i giovani per i giovani: rafforzamento della sicurezza e della cooperazione in rete”, tenutasi a Malaga, Spagna, il 25 e 26 maggio 2017.

5. Riconosciamo il ruolo che i giovani possono svolgere nel contribuire a una cultura di pace, di dialogo, di giustizia e di coesistenza pacifica, di fiducia e di riconciliazione.

6. Invitiamo i Partner per la cooperazione a unirsi a noi su base volontaria nel sostenere la pre- sente dichiarazione.

Tirana 2020 (Decisione N.6/20 sulla prevenzione e la lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza) (…)

riconoscendo che un settore pubblico basato sull’integrità, l’apertura, la trasparenza, la respon- sabilità, la reattività e lo Stato di diritto è fondamentale per prevenire e combattere la corruzione e per raggiungere una crescita economica e uno sviluppo sostenibili, migliorare il clima impren- ditoriale e degli investimenti e contribuire agli sforzi degli Stati partecipanti volti a promuovere l’integrazione sociale e opportunità per tutti, incluso per le donne e i giovani, (…)

1. invita gli Stati partecipanti a prevenire e a combattere la corruzione: (…) (i) sostenendo l’educazione dei giovani, conformemente ai sistemi d’istruzione nazionali, sensibi- lizzandoli all’importanza del buongoverno, inclusa la trasparenza, e prevenendo e contrastando la corruzione anche incentivando l’acquisizione di competenze digitali, e rafforzando le misure

230 4.8 Personale delle forze armate

di sensibilizzazione, anche attraverso la promozione di azioni collettive e la collaborazione tra il settore pubblico e privato e la società civile;

4.8 Personale delle forze armate

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

27. Ciascuno Stato partecipante assicurerà che il reclutamento o il richiamo di personale per pre- stare servizio nelle proprie forze militari, paramilitari e di sicurezza sia conforme ai suoi obblighi e impegni nel campo dei diritti dell’uomo e delle libertà fondamentali.

28. Gli Stati partecipanti faranno in modo che i diritti e i doveri del personale delle forze armate figurino nella loro legislazione o in altri documenti pertinenti. Essi prenderanno in esame l’intro- duzione di esenzioni da o alternative al servizio militare. (…)

32. Ciascuno Stato partecipante assicurerà che il personale delle forze militari, paramilitari e di sicurezza sia in condizione di godere dei diritti dell’uomo e delle libertà fondamentali rispecchiati nei documenti CSCE e nel diritto internazionale nonché di esercitarli, conformemente alle perti- nenti disposizioni costituzionali e giuridiche e alle esigenze di servizio.

33. Ciascuno Stato partecipante prevederà appropriate procedure giuridiche e amministrative per tutelare i diritti di tutto il personale delle sue forze.

4.9 Persone in detenzione o in carcere

Si veda anche: II. 2.4: Stato di diritto II. 3.1.4: Libertà da arresto o detenzione arbitrari 4

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

Gli Stati partecipanti (…)

(23.2) assicureranno che tutte le persone detenute o incarcerate siano trattate con l’umanità e il rispetto dovuti alla dignità propria della persona umana; (23.3) osserveranno le Norme delle Nazioni Unite sugli standard minimi per il Trattamento dei detenuti nonché il Codice di condotta delle Nazioni Unite per i funzionari responsabili dell’ap- plicazione delle leggi;

Copenhagen 1990

(15) Gli Stati partecipanti adotteranno i provvedimenti necessari per facilitare il trasferimento delle persone condannate ed esortano gli Stati partecipanti che non sono parti della Convenzione

231 4.9 Persone in detenzione o in carcere

sul Trasferimento delle Persone Condannate, firmata a Strasburgo il 21 novembre 1983, ad esami- nare la possibilità di aderire alla Convenzione.

Mosca 1991

(23) Gli Stati partecipanti tratteranno tutte le persone private della loro libertà con umanità e con rispetto della dignità inerente alla persona umana e rispetteranno le norme internazionalmente riconosciute relative all’amministrazione della giustizia e ai diritti umani dei detenuti. (…) (vi) qualsiasi persona arrestata o detenuta, abbia il diritto, senza indebito ritardo, di notificare o di richiedere all’autorità competente di notificare a persone appropriate di sua scelta l’arresto, la detenzione, l’incarcerazione e il luogo ove si trova; qualsiasi restrizione all’esercizio di tale diritto sarà prescritta dalla legge e conforme alle norme internazionali; (vii) siano adottate misure efficaci, se ciò non sia già stato fatto, per assicurare che gli organi responsabili dell’applicazione della legge non approfittino della situazione di una persona dete- nuta o incarcerata al fine di obbligarla a confessare, o ad autoincriminarsi in altro modo, o a costringerla a testimoniare contro qualsiasi altra persona; (viii) la durata di qualsiasi interrogatorio e gli intervalli fra di essi siano registrati e certificati, conformemente alla legislazione nazionale; (ix) una persona detenuta o il suo consulente legale abbiano il diritto di presentare una richiesta o un ricorso per quanto riguarda il suo trattamento, in particolare quando siano state applicate torture o altri trattamenti crudeli, inumani o degradanti, alle autorità responsabili dell’ammi- nistrazione del luogo di detenzione e alle autorità superiori, e, quando necessario, alle autorità competenti investite del potere di revisione o evasione dei ricorsi; (x) tale richiesta o ricorso siano prontamente evasi e sia data loro risposta senza indebiti ritardi; se la richiesta o il ricorso sono rigettati o in caso di eccessivo ritardo, il ricorrente avrà il diritto di sottoporre il caso ad un’autorità giudiziaria o ad un’altra autorità; il fatto di aver presentato una richiesta o un ricorso non pregiudicherà né la persona detenuta o incarcerata né il ricor- rente; (…)

(23.2) Gli Stati partecipanti (i) si adopereranno per adottare misure, se necessario, intese a migliorare le condizioni delle persone detenute o incarcerate; (ii) presteranno particolare attenzione alla questione delle alternative all’incarcerazione.

Bruxelles 2006 (Dichiarazione di Bruxelles sui sistemi di giustizia penale)

232 4.9 Persone in detenzione o in carcere

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

4. incoraggia gli Stati partecipanti (…) a proseguire e potenziare i loro sforzi volti a scambiare infor- mazioni e migliori prassi e a rafforzare lo stato di diritto, fra l’altro, nelle seguenti aree:

4. (…) diritto all’assistenza legale e rispetto dei diritti umani delle persone in stato di detenzione; (…)

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

prendendo atto del fatto che la radicalizzazione al terrorismo e il reclutamento da parte dei terroristi possono avere luogo nelle prigioni, e affermando pertanto l’importanza di elaborare e scambiare, ove appropriato, linee guida internazionali sulla reintegrazione, la riabilitazione e la prevenzione della radicalizzazione al terrorismo nelle prigioni, (…)

Tirana 2020, (Decisione N.7/20 sulla prevenzione ed eliminazione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti) (…)

invita gli Stati partecipanti a: (…)

233 4.9 Persone in detenzione o in carcere

6. mettere in atto efficaci garanzie giudiziarie e procedurali in tutte le fasi della detenzione, a par- tire dalla custodia cautelare;

234 5. Impegni relativi a uguaglianza, tolleranza e non discriminazione 5.1 Clausole di uguaglianza e non discriminazione

5.1 Clausole di uguaglianza e non discriminazione

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1.(a) Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti — Principio VII)

Gli Stati partecipanti rispettano i diritti dell’uomo e le libertà fondamentali (…) per tutti senza distinzione di razza, sesso, lingua o religione.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(13.7) assicureranno a tutti coloro che si trovano nel proprio territorio e sono soggetti alla pro- pria potestà i diritti dell’uomo e le libertà fondamentali senza distinzione di alcun genere, quali la razza, il colore, il sesso, la lingua, la religione, le opinioni politiche o d’altro genere, l’origine nazionale o sociale, il censo, la nascita o qualsiasi altra condizione; (13.8) assicureranno che nessuna persona che eserciti, esprima l’intenzione di esercitare o cerchi di esercitare tali diritti e libertà, o un membro della sua famiglia siano soggetti, per ciò stesso, a discriminazioni di alcun genere;

Copenhagen 1990

(5.9) tutte le persone sono uguali di fronte alla legge e hanno diritto, senza discriminazione, a un’u- guale tutela da parte della legge. A tale riguardo, la legge vieta qualsiasi discriminazione e garanti- sce a tutte le persone una tutela uguale ed effettiva contro discriminazioni comunque giustificate, (…)

(25.3) le misure che derogano dagli obblighi devono essere limitate all’ambito rigorosamente richie- sto dalle esigenze della situazione, (25.4) tali misure non devono operare discriminazioni esclusivamente per motivi di razza, colore, sesso, lingua, religione, origine sociale o appartenenza a una minoranza. (…)

236 5.2 Parità di diritti tra uomini e donne

5.2 Parità di diritti tra uomini e donne

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

[Gli Stati partecipanti] sottolineano l’importanza di garantire la parità dei diritti dell’uomo e della donna; di conseguenza essi concordano di intraprendere tutte le azioni necessarie per promuo- vere una partecipazione ugualmente effettiva dell’uomo e della donna nella vita politica, econo- mica, sociale e culturale.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(15) Gli Stati partecipanti confermano la loro determinazione di assicurare la parità dei diritti dell’uomo e della donna. Conseguentemente adotteranno tutte le misure necessarie, comprese le misure legislative, per promuovere una partecipazione ugualmente effettiva dell’uomo e della donna alla vita politica, economica, sociale e culturale. Essi considereranno la possibilità di ade- rire, se non l’abbiano ancora fatto, alla Convenzione sull’eliminazione di tutte le forme di discri- minazione nei confronti della donna.

Mosca 1991

(40) Stati partecipanti riconoscono che la parità piena e reale fra l’uomo e la donna è un aspetto fondamentale di una società giusta e democratica basata sullo stato di diritto. Essi riconoscono che la piena evoluzione della società e il benessere di tutti i suoi membri richiedono pari opportunità per una partecipazione piena e paritaria dell’uomo e della donna. In tale contesto essi (40.1) assicureranno che tutti gli impegni CSCE relativi alla tutela e alla promozione dei diritti dell’uomo e delle libertà fondamentali vengano attuati pienamente e senza discriminazione per quanto riguarda il sesso; (40.2) rispetteranno pienamente la Convenzione sull’Eliminazione di tutte le forme di Discrimina- zione Contro la Donna (CEDAW), se ne sono parti e, qualora non l’abbiano già fatto, prenderanno in considerazione la ratifica o l’adesione a tale Convenzione; gli Stati che hanno ratificato o aderito a tale Convenzione con riserve prenderanno in considerazione la loro revoca; (40.3) adempiranno in maniera efficace agli obblighi assunti in strumenti internazionali di cui siano parti e adotteranno misure appropriate per attuare le Strategie Future delle Nazioni Unite per il Progresso della Donna della Conferenza di Nairobi (FLS); (40.4) affermano che è loro obiettivo conseguire non solo de jure, ma anche de facto pari oppor- tunità fra l’uomo e la donna e promuovere misure efficaci a tal fine; (40.5) costituiranno o rafforzeranno gli strumenti nazionali, come appropriato, per il progresso della donna al fine di assicurare che programmi e politiche siano valutati rispetto al loro impatto 5 sulla donna; (40.6) incoraggeranno misure per assicurare in maniera efficace la piena opportunità economica della donna, incluse politiche e prassi occupazionali non discriminatorie, parità di accesso all’i- struzione e alla formazione, e misure intese ad agevolare i lavoratori e le lavoratrici nell’assolvi- mento delle loro responsabilità congiunte occupazionali e familiari; e cercheranno di assicurare che qualsiasi politica o programma di adeguamento strutturale non abbia un effetto negativo discriminatorio sulla donna;

237 5.2 Parità di diritti tra uomini e donne

(40.7) cercheranno di eliminare tutte le forme di violenza contro la donna, e tutte le forme di tratta delle donne e di sfruttamento della prostituzione femminile anche assicurando adeguati divieti legislativi contro tali atti e altre misure appropriate; (40.8) incoraggeranno e promuoveranno uguali opportunità per la piena partecipazione della donna a tutti gli aspetti della vita politica e pubblica, ai processi decisionali e alla cooperazione internazionale in generale; (40.9) riconosceranno il ruolo vitale svolto dalla donna e dalle organizzazioni femminili nelle atti- vità nazionali e internazionali intese a promuovere e rafforzare i diritti della donna fornendo, fra l’altro, servizi e appoggio diretti alla donna e incoraggiando una cooperazione significativa fra i governi e tali organizzazioni al fine di compiere progressi per la parità della donna; (40.10) riconosceranno il valido contributo della donna a tutti gli aspetti della vita politica, cul- turale, sociale ed economica e promuoveranno un’ampia comprensione di tali contributi, inclusi quelli apportati in settori informali e non retribuiti; (40.11) adotteranno misure per agevolare l’accesso alle informazioni riguardanti le donne e i diritti della donna in base al diritto internazionale e alla legislazione nazionale; (40.12) svilupperanno politiche educative, compatibili con i loro sistemi costituzionali, per appog- giare la partecipazione della donna in tutti i settori dello studio e del lavoro, inclusi settori non tradizionali, e incoraggeranno e promuoveranno una maggiore comprensione delle questioni rela- tive alla parità fra l’uomo e la donna; (40.13) assicureranno la raccolta e l’analisi di dati per valutare adeguatamente, controllare e miglio- rare la situazione della donna; tali dati non dovrebbero contenere alcuna informazione personale.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

23. L’esercizio pieno e paritario da parte della donna dei propri diritti umani è elemento essenziale per la realizzazione di un’area OSCE più pacifica, prospera e democratica. Ci impegniamo affinché la parità tra uomo e donna divenga parte integrante delle nostre politiche, sia a livello dei nostri Stati che all’interno dell’Organizzazione. (…)

24. Adotteremo misure per eliminare tutte le forme di discriminazione nei confronti della donna e porre fine alle violenze perpetrate contro le donne e i bambini nonché allo sfruttamento sessuale e a tutte le forme di traffico di esseri umani. (…)

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

2. decide di potenziare le iniziative in corso volte ad accrescere la partecipazione e il ruolo delle donne nella promozione della democratizzazione e dello sviluppo economico, e a favorire l’inte- grazione delle disposizioni del Piano d’azione dell’OSCE per le pari opportunità nelle politiche nazionali, ove applicabile. Decide inoltre di potenziare i suoi sforzi intesi a raggiungere nell’am- bito dell’OSCE un equilibrio tra i sessi a tutti i livelli, tenendo pienamente conto a tale riguardo del principio di assumere personale proveniente da tutti gli Stati partecipanti su una base di equità. (…)

238 5.2 Parità di diritti tra uomini e donne

Sofia 2004 (Decisione N.14/04 sul Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi)

Il Consiglio dei ministri, (…)

riconoscendo che la parità dei diritti fra uomini e donne e la tutela dei loro diritti umani sono ele- menti fondamentali per la pace, la democrazia sostenibile, lo sviluppo economico e, pertanto, per la sicurezza e la stabilità nella regione dell’OSCE, (…)

consapevole della necessità di rispecchiare in modo appropriato una prospettiva di parità fra i sessi nelle attività svolte sotto gli auspici dell’OSCE e della necessità che gli Stati partecipanti adottino tutte le misure necessarie volte ad incoraggiare la presa di coscienza delle questioni concernenti la parità fra i sessi, nonché a promuovere l’uguaglianza di diritti e la piena e paritaria partecipazione delle donne e degli uomini alla società, con l’obiettivo di promuovere sistematicamente la parità fra i sessi ed accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi nell’area dell’OSCE*, che è essenziale per la sicurezza globale, (…)

decide di approvare il Piano di azione 2004 per la promozione della parità fra i sessi, adottato dal Consiglio permanente il 2 dicembre 2004 con la Decisione N.638 allegata alla presente Decisione.

Sofia 2004 (Annesso alla Decisione N.14/04: Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi) (…)

3. Accordare costantemente e in modo efficace la dovuta considerazione agli aspetti legati alle dif- ferenze fra i sessi con l’obiettivo di conseguire la parità è importante se si vuole utilizzare appieno il capitale umano nell’area dell’OSCE. L’uguaglianza fra i sessi contribuisce alla sicurezza globale, che è un obiettivo delle attività dell’OSCE nelle sue tre dimensioni. La prassi di considerare sem- pre detti aspetti è un mezzo per contribuire a raggiungere tale obiettivo Si dovrà, pertanto, tenere conto della prospettiva della parità nelle attività, nei progetti e nei programmi dell’Organizzazione al fine di realizzare l’uguaglianza fra i sessi nelle operazioni dell’Organizzazione e negli Stati par- tecipanti. La promozione della parità fra uomini e donne, quale elemento integrante delle politiche e delle prassi dell’OSCE, è responsabilità comune degli Stati partecipanti, del Presidente in eser- cizio, del Segretario generale e dei capi delle istituzioni e delle missioni. Nell’intraprendere tale sforzo, si dovrà tenere presente che se l’uguaglianza fra i sessi diventerà realtà in ogni settore e ad ogni livello della società, sia uomini che donne beneficeranno di tale cambiamento. (…) 5

* “Accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi è il processo di valutazione delle implicazioni per uomini e donne di ogni azione pianificata, comprendendo la legislazione, le politiche o i programmi in tutti i settori e a tutti i livelli. È una strategia intesa a far sì che le tematiche e le esperienze di entrambi i sessi diventino una dimensione integrante della definizione, attuazione, monitoraggio e valutazione delle politiche e dei programmi in tutti gli ambiti politici, economici e sociali, affinché uomini e donne possano trarne pari beneficio e non venga perpetuata l’ineguaglianza. Il fine ultimo è quello di con- seguire la parità.” Vedi i documenti ufficiali dell’Assemblea generale, 52a sessione, supplemento N.3 (A/52/3/ Rev.1), Capitolo IV, paragrafo 4.

239 5.2 Parità di diritti tra uomini e donne

8. Accordare costantemente la dovuta considerazione agli aspetti legati alle differenze fra i sessi richiede un’attenzione coerente e sistematica alle prospettive della parità fra i sessi (…) basate su un approccio transdimensionale, nonché su adeguati meccanismi di monitoraggio e di verifica. (…)

IV. Promozione della parità fra i sessi negli Stati partecipanti

41. Gli Stati partecipanti, singolarmente e collettivamente, sono direttamente responsabili e deb- bono rendere conto ai propri cittadini dell’attuazione dei loro impegni in materia di uguaglianza di diritti e di pari opportunità per uomini e donne. Essi si sono impegnati a fare in modo che la questione della parità fra uomini e donne diventi parte integrante delle loro politiche sia a livello nazionale, che in seno all’Organizzazione. Essi assicureranno di utilizzare appieno i pertinenti fori dell’OSCE per verificare l’attuazione degli impegni dell’Organizzazione in materia di parità.

42. Si raccomanda pertanto agli Stati partecipanti di: • assicurare che l’Organizzazione sviluppi politiche che promuovano efficacemente la parità fra i sessi e che le nuove proposte e iniziative tengano in considerazione una prospettiva di ugua- glianza; • istituire o rafforzare meccanismi esistenti atti a garantire la parità fra i sessi, mettendo anche a disposizione l’assistenza di una persona o di un organo imparziale e indipendente, come un difensore civico/commissario per i diritti dell’uomo, al fine di trattare le questioni inerenti alla discriminazione su base sessuale contro singoli cittadini; • rispettare ed attuare pienamente gli standard e gli impegni internazionali assunti in materia di parità, non discriminazione e diritti delle donne e delle ragazze; • ottemperare alla Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna (CEDAW), qualora ne siano già parte o, diversamente, considerare di ratificarla o aderirvi. Gli Stati che hanno ratificato o aderito alla Convenzione avanzando riserve pren- deranno in considerazione il ritiro delle stesse. Gli Stati parte del CEDAW sono anche invitati a considerare di ratificare il Protocollo opzionale alla Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna; • qualora essi siano Stati parte della Convenzione per l’eliminazione di ogni forma di discrimi- nazione nei confronti della donna (CEDAW), della Convenzione internazionale sui diritti civili e politici (ICCPR), e/o del Patto internazionale relativo ai diritti economici, sociali e culturali (ICESRC), presentare rapporti con regolarità e tempestività ai rispettivi organi e coinvolgere le organizzazioni delle donne nell’elaborazione degli stessi; • intraprendere ulteriori iniziative, ove necessario, al fine di garantire un ambiente sicuro per i propri cittadini e il diritto alla pari tutela in base alla legge (…) (…) • avvalersi dell’esperienza dell’OSCE al fine di sviluppare strategie e politiche paritarie transdi- mensionali ed includere nei seguiti di tali politiche, fra l’altro, l’utilizzo di pertinenti meccani- smi di analisi e monitoraggio atti a valutare l’impatto delle strategie e delle politiche in materia di parità, in modo da poter individuare e affrontare gli ostacoli che si frappongono alla loro piena attuazione.

240 5.2 Parità di diritti tra uomini e donne

Lubiana 2005 (Decisione N.14/05 sul ruolo delle donne nella prevenzione dei conflitti, nella gestione delle crisi e nella ricostruzione)

Il Consiglio dei ministri, (…)

riconoscendo che le conoscenze, le capacità e l’esperienza di entrambi i sessi sono indispensabili per la pace, la democrazia sostenibile, lo sviluppo economico e, quindi, per la sicurezza e la stabi- lità nella regione dell’OSCE,

riconoscendo inoltre che la risoluzione 1325 (2000) del Consiglio di sicurezza delle Nazioni Unite sulle donne, la pace e la sicurezza stabilisce un legame fra parità fra i sessi e sicurezza, concentrando l’attenzione sul ruolo delle donne nelle questioni attinenti alla pace e alla sicurezza a tutti i livelli, (…)

sottolineando l’importanza della partecipazione piena e paritaria delle donne in tutte le fasi della prevenzione e risoluzione dei conflitti nonché nell’edificazione della pace,

riconoscendo la necessità che l’OSCE intraprenda concrete iniziative per integrare le donne nelle sue attività di prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale anche nei seguenti modi:

1. assicurando l’attiva messa in atto in tutta l’Organizzazione del Piano d’azione 2004 dell’O- SCE per la promozione della parità fra i sessi, adottato con la Decisione del Consiglio permanente N.638 del 2 dicembre 2004,

2. integrando nelle attività dell’OSCE, come appropriato, i passaggi pertinenti della risoluzione 1325 (2000) del Consiglio di Sicurezza delle Nazioni Unite sul ruolo delle donne a tutti i livelli della prevenzione dei conflitti, della gestione delle crisi e della ricostruzione postconflittuale,

3. incoraggiando gli Stati partecipanti a creare un elenco nazionale di potenziali candidate femmi- nili (come richiesto nel paragrafo 22 del Piano d’azione 2004 dell’OSCE per la promozione della parità fra i sessi) e ad adottare efficaci iniziative al fine di assicurare che le donne vengano esau- rientemente informate e incoraggiate a candidarsi per incarichi nel settore della prevenzione dei conflitti e della ricostruzione postconflittuale, in particolare per incarichi direttivi,

4. esortando gli Stati partecipanti ad affidare ad un maggior numero di donne la direzione di isti- tuzioni e missioni, nonché altri incarichi di grado elevato nell’ambito dell’OSCE,

5. incoraggiando attivamente l’assunzione di donne nelle presenze dell’OSCE sul terreno, in par- ticolare per posizioni direttive, con l’obiettivo di avere un consistente numero di donne a capo delle stesse, 5 6. esortando gli Stati partecipanti e le strutture dell’OSCE, come appropriato, a sostenere e inco- raggiare programmi di formazione e di educazione a favore delle donne e delle giovani, nonché progetti volti a promuovere la partecipazione delle donne nell’edificazione di una pace sosteni- bile; invitando inoltre gli Stati ad attribuire maggiore peso alle organizzazioni femminili, a soste- nere le iniziative di pace promosse dalle donne, attraverso i media e seminari sui diritti umani e la parità fra i sessi, nonché a sensibilizzare le donne sull’importanza della loro partecipazione ai processi politici,

241 5.2 Parità di diritti tra uomini e donne

7. esortando gli Stati partecipanti e le strutture dell’OSCE, come appropriato, a sviluppare politiche specifiche che incoraggino la partecipazione piena e paritaria delle donne e delle organizzazioni femminili alla prevenzione e risoluzione dei conflitti e alla ricostruzione postconflittuale, nonché a incoraggiare e a sostenere lo scambio di esperienze e delle migliori prassi e, inoltre, a parteci- pare alle iniziative di pace promosse dalle donne,

8. invitando gli Stati partecipanti a tener conto del ruolo importante e delle particolari necessità delle donne e delle giovani nella messa in atto di politiche governative e di soluzioni durevoli per la tutela dei rifugiati e degli sfollati, come i ritorni volontari, il reinsediamento, la riabilitazione, la (re)integrazione o il rimpatrio in condizioni di sicurezza e dignità,

9. raccomandando che gli Stati partecipanti valutino regolarmente le iniziative adottate per pro- muovere costantemente la parità tra uomini e donne nei processi di prevenzione e gestione dei conflitti e di ricostruzione, rendendo pubbliche tali valutazioni a beneficio di attività di forma- zione che siano sensibili al tema della parità fra i sessi e in attuazione dei pertinenti impegni, non- ché per aumentare la consapevolezza della loro importanza,

decide di: • incaricare il Segretario generale di fare specifico riferimento, nel suo rapporto annuale sull’at- tuazione della Decisione N.638 del Consiglio permanente sul Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi, all’attuazione nell’ambito dell’Organizzazione delle parti della Risoluzione 1325 (2000) del Consiglio di sicurezza dell’ONU di interesse per l’OSCE; • incaricare il Segretariato, nel contesto degli obiettivi del Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi, di elaborare in cooperazione con gli Stati partecipanti, ulteriori misure finalizzate ad accrescere notevolmente il numero di donne impiegate presso il Segretariato, le istituzioni e le operazioni sul terreno dell’OSCE, con particolare riguardo agli incarichi direttivi e ai livelli decisionali; • incaricare le strutture e le istituzioni dell’OSCE di elaborare o modificare progetti, strategie e iniziative pertinenti e di intraprendere altre attività, tra cui lo scambio di informazioni con le Nazioni Unite, al fine di adempiere gli impegni contenuti nella presente decisione; • invitare gli Stati partecipanti all’OSCE e le istituzioni dell’Organizzazione a riferire alla Confe- renza annuale di riesame sulla sicurezza circa i progressi compiuti nell’attuazione degli impe- gni previsti dalla presente decisione.

Atene 2009 (Decisione N.7/09 sulla partecipazione delle donne alla vita politica e pubblica)

Il Consiglio dei ministri, (…)

consapevole della persistente sottorappresentanza delle donne in seno agli organi decisionali nei settori legislativi, esecutivi, compresi i servizi di polizia, e giudiziari nell’area dell’OSCE,

preoccupato per il fatto che la diffusa discriminazione nei confronti delle donne continua a pre- giudicare la loro effettiva partecipazione alla vita politica e pubblica a tutti i livelli, (…)

richiamando la risoluzione 1325 (2000) del Consiglio di sicurezza dell’ONU, con cui si chiede una partecipazione piena e paritaria delle donne al processo decisionale nel quadro della prevenzione dei conflitti, nonché alla ricostruzione postconflittuale, e sottolineando l’importanza della loro

242 5.2 Parità di diritti tra uomini e donne

piena ed equa partecipazione e del loro coinvolgimento in tutte le iniziative volte al mantenimento e alla promozione della pace e della sicurezza,

tenendo conto della risoluzione 1889 (2009) del Consiglio di sicurezza dell’ONU, con cui si esor- tano le organizzazioni internazionali e regionali a adottare ulteriori misure al fine di accrescere la partecipazione femminile in tutte le fasi dei processi di pace,

rilevando che il 18 dicembre 2009 ricorre il 30° anniversario della Convenzione per l’eliminazione di ogni forma di discriminazione nei confronti della donna (CEDAW), il cui obiettivo è porre fine alla discriminazione nei confronti delle donne nella vita politica e pubblica, e rilevando che il 10 dicembre ricorre il 10° anniversario dell’apertura alla firma del Protocollo della Convenzione,

riconoscendo che le donne possono trovarsi a dover affrontare ulteriori ostacoli, oltre a quelli legati al genere, alla loro partecipazione alla vita politica e pubblica,

invita gli Stati partecipanti a:

6. garantire pari retribuzione a donne e uomini nel quadro delle iniziative di consolidamento della pace;

7. adottare le misure necessarie per stabilire, ove appropriato, efficaci meccanismi nazionali di valu- tazione dell’equa partecipazione e rappresentanza femminile; 5 8. sostenere, come appropriato, enti non governativi e di ricerca nella realizzazione di studi mirati e iniziative di sensibilizzazione volti ad individuare problemi specifici nella partecipazione femminile alla vita politica e pubblica, nonché nella promozione delle pari opportunità per donne e uomini;

243 5.2 Parità di diritti tra uomini e donne

Vilnius 2011 (Decisione N.10/11 sulla promozione delle pari opportunità per le donne in ambito economico) (…)

riconoscendo che la partecipazione delle donne alla sfera economica contribuisce in modo signifi- cativo alla ripresa economica, alla crescita sostenibile e alla creazione di società coese ed è quindi essenziale per la sicurezza e la stabilità nella regione dell’OSCE,

rilevando con preoccupazione le persistenti disuguaglianze con cui sono confrontate le donne nella regione dell’OSCE in termini di partecipazione al mercato del lavoro, tra cui anche la segre- gazione in ambito lavorativo, la disparità di accesso alla protezione sociale, così come all’occupa- zione di qualità a tempo pieno, nonché la lentezza dei progressi nell’ambito delle iniziative intese a colmare le disparità retributive a parità di lavoro, con conseguente riduzione delle retribuzioni e delle pensioni percepite dalle donne nell’arco della vita e aumento della povertà femminile,

esprimendo preoccupazione per la persistente sottorappresentazione delle donne in posizioni diri- genziali e nei processi decisionali di natura economica nel settore pubblico e privato,

esprimendo inoltre preoccupazione per le persistenti restrizioni che gravano sull’effettiva parte- cipazione delle donne alla sfera economica, in particolare per quanto riguarda l’accesso a risorse economiche e finanziarie come prestiti e diritti di proprietà e di successione, nonché il controllo su tali risorse,

riconoscendo la necessità di una migliore e sistematica raccolta di dati disaggregati per genere e di studi sulle pari opportunità nella sfera economica come base per pianificare le politiche e l’azione,

ricordando la necessità di politiche economiche e sociali che mirino ad affrontare alla radice le cause della tratta di esseri umani, soprattutto allo scopo di eliminare la discriminazione contro le donne nel mondo del lavoro e di tenere conto dei fattori economici che accrescono la vulnera- bilità delle donne alla tratta,

riconoscendo la necessità di continuare a monitorare l’attuazione degli impegni esistenti che mirano a eliminare le discriminazioni contro le donne e a promuovere le pari opportunità per le donne nella sfera economica, con l’obiettivo di individuare e scambiare buone prassi e sviluppare approcci efficaci, anche in seno all’Organizzazione e alle sue strutture esecutive, (…)

riconoscendo che le donne possono incontrare ulteriori ostacoli, oltre a quelli basati sul genere, alla loro partecipazione alla sfera economica,

invita gli Stati partecipanti a:

1. raccogliere e analizzare dati per individuare e affrontare gli ostacoli che impediscono alle donne di realizzare il loro potenziale nella sfera economica e (…) prestare sostegno a organismi non gover- nativi e di ricerca al fine di elaborare studi mirati, anche sulle buone prassi;

2. valutare la ripartizione delle risorse finanziarie per la promozione della parità fra uomo e donna nella sfera economica e adottare misure concrete che si traducano in pari opportunità di parteci- pare alla sfera economica e in pari accesso alla protezione sociale da parte delle donne, nonché in un sostegno all’occupazione di qualità e/o al lavoro autonomo a tempo pieno;

244 5.2 Parità di diritti tra uomini e donne

3. facilitare lo sviluppo da parte delle donne di competenze imprenditoriali e di altre competenze in ambito lavorativo e integrare gli aspetti di genere, con particolare attenzione alle donne, nelle politiche migratorie allo scopo di prevenire, tra l’altro, la tratta di esseri umani e la sua iterazione;

4. adottare o rafforzare misure di carattere politico e giuridico, incluse misure d’azione positive a seconda dei casi, atte a facilitare e tutelare le pari opportunità di partecipazione delle donne al mer- cato del lavoro, anche attraverso l’ampliamento delle strutture di assistenza e cura per l’infanzia;

5. individuare azioni concrete volte a promuovere pari opportunità per le donne nella sfera econo- mica, e ove appropriato stabilire efficaci meccanismi nazionali per monitorare i progressi in que- sto campo, come nel caso dell’eliminazione delle disparità retributive;

6. promuovere la condivisione del lavoro domestico e le responsabilità genitoriali e di chi ne assolve le funzioni estendendo il congedo di paternità, promuovendo politiche e prassi occupazionali non discriminatorie e la parità di accesso all’istruzione e alla formazione, adottando misure intese a conciliare le responsabilità derivanti dal lavoro con quelle della famiglia, e adoperandosi per assicurare che qualsiasi politica o programma di adeguamento strutturale non abbia un effetto negativo discriminatorio sulle donne;

7. sostenere la creazione del clima necessario alla formulazione e all’attuazione positiva delle politi- che attraverso informazioni mirate e attività di sensibilizzazione sui benefici delle misure adottate, per promuovere la pari opportunità di partecipazione delle donne alla sfera economica e combat- tere l’esclusione sociale delle donne e la discriminazione nei loro confronti;

8. introdurre misure e impegnarsi in un dialogo con il settore privato al fine di offrire pari oppor- tunità di avanzamento professionale alle donne ed eliminare le disparità retributive;

9. elaborare e rafforzare misure, se possibile, che promuovano una maggiore diversificazione nei settori d’impiego a prevalenza maschile o femminile;

10. incoraggiare i Partner per la cooperazione ad attuare volontariamente le disposizioni della presente decisione.

Dublino2012 (Dichiarazione sul rafforzamento del buongoverno e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo)

Siamo consapevoli che il conseguimento del buongoverno e la lotta alla corruzione non sono rea- lizzabili senza la partecipazione piena e paritaria delle donne e degli uomini nei processi politici ed economici e nelle istituzioni, (…). Sottolineiamo l’importanza di offrire alle donne la possibi- lità di partecipare e contribuire attivamente alle politiche e alle attività relative al buongoverno affinché uomini e donne possano trarre pari vantaggi. 5 Basilea 2014 (Decisione N.7/14 sulla prevenzione e la lotta alla violenza contro le donne)

ribadendo l’impegno a rispettare i diritti dell’uomo e le libertà fondamentali per tutti, senza distin- zione di razza, sesso, lingua o religione, secondo quanto sancito dalle disposizioni dell’Atto finale di Helsinki del 1975,

ricordando che l’esercizio pieno e paritario da parte delle donne dei propri diritti umani è elemento essenziale per realizzare un’area OSCE più pacifica, prospera e democratica e che gli Stati parte- cipanti sono impegnati a adoperarsi affinché la parità tra uomo e donna divenga parte integrante

245 5.2 Parità di diritti tra uomini e donne

delle loro politiche, sia a livello dei loro Stati che all’interno delle strutture esecutive dell’OSCE, secondo quanto dichiarato al Vertice OSCE di Istanbul nel 1999, (…)

profondamente preoccupato per la persistenza della violenza contro le donne come una delle vio- lazioni dei diritti dell’uomo più pervasiva nell’area dell’OSCE, nella sua manifestazione fisica, ses- suale e psicologica, e reiterando la particolare necessità di misure più rigorose nell’ambito della prevenzione e della lotta alla violenza contro le donne, di cui la disparità tra i sessi di genere può essere uno dei fattori che maggiormente vi contribuiscono, (…)

invita gli Stati partecipanti ad assicurare per tutte le donne protezione e pieno rispetto dei diritti umani e libertà fondamentali; (…)

Milano 2018 (Decisione N.4/18 sulla prevenzione e la lotta alla violenza contro le donne)

riaffermando che la promozione e la protezione di pari diritti e opportunità per tutti sono essen- ziali per la democrazia e lo sviluppo economico e pertanto per la sicurezza, la stabilità e la pace sostenibile nell’area dell’OSCE,

determinato ad assicurare pieno e paritario godimento dei diritti umani e delle libertà fondamen- tali da parte delle donne e delle ragazze, (…)

3. adottare misure, come appropriato, per incoraggiare l’educazione alla parità di genere, ai diritti umani e ai comportamenti non violenti, contribuendo in tal modo alla prevenzione di tutte le forme di violenza contro le donne e le ragazze, che possono comprendere pratiche nocive, violenza ses- suale, violenza domestica e molestie sessuali; (…)

Milano 2018 (Decisione N.5/18 sullo sviluppo del capitale umano nell’era digitale) (…)

246 5.2 Parità di diritti tra uomini e donne

Tirana 2020 (Decisione N.6/20 sulla prevenzione e la lotta alla corruzione attraverso la digitalizzazione e una maggiore trasparenza) (…)

1. invita gli Stati partecipanti a prevenire e a combattere la corruzione: (…)

(m) promuovendo la piena, equa ed effettiva partecipazione delle donne allo sviluppo e all’attua- zione delle pertinenti attività anticorruzione, al fine di raggiungere la parità tra i sessi, tenendo 5 conto del fatto che la corruzione colpisce in modo sproporzionato le donne e le persone vulnerabili;

247 5.3 Lotta agli atti motivati da pregiudizio, intolleranza e odio

5.3 Lotta agli atti motivati da pregiudizio, intolleranza e odio

5.3.1 Disposizioni generali

Copenhagen 1990

Essi dichiarano la propria ferma intenzione di intensificare gli sforzi per combattere questi feno- meni in tutte le loro forme e pertanto essi: (…)

(40.2) — si impegneranno ad adottare misure appropriate e adeguate per tutelare persone o gruppi che possono essere soggetti a minacce o ad atti di discriminazione, di ostilità o di violenza a seguito della loro identità razziale, etnica, culturale, linguistica o religiosa e a proteggerne la proprietà,

Parigi 1990 (Carta di Parigi per una Nuova Europa) (…)

Esprimiamo la nostra determinazione di combattere tutte le forme di odio razziale ed etnico, l’an- tisemitismo, la xenofobia e la discriminazione contro chiunque nonché la persecuzione per motivi religiosi o ideologici. (…)

Cracovia 1991 (…)

Gli Stati partecipanti esprimono la loro ben radicata convinzione di condividere i valori comuni for- giati dalla storia e basati, tra l’altro, sul rispetto dell’individuo, sulla libertà di coscienza, religione o credo, sulla libertà di espressione, sul riconoscimento dell’importanza dei valori spirituali e cul- turali, sull’impegno per lo stato di diritto, sulla tolleranza e apertura nel dialogo con altre culture. (…)

Gli Stati partecipanti rispettano l’insostituibile unicità di tutte le loro culture e si adopereranno per promuovere un continuo dialogo culturale fra loro e con il resto del mondo. Essi riaffermano il proprio convincimento che il rispetto delle diversità culturali promuove la comprensione e la tolleranza tra individui e gruppi. (…)

Helsinki 1992 (Dichiarazione del Vertice)

12. (…) respingiamo la discriminazione razziale, etnica e religiosa sotto qualsiasi forma. La libertà e la tolleranza devono essere insegnate e praticate.

248 5.3.1 Disposizioni generali

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(30) Esprimono la loro preoccupazione per le recenti e flagranti manifestazioni d’intolleranza, discriminazione, nazionalismo aggressivo, xenofobia, antisemitismo e razzismo e sottolineano il ruolo vitale della tolleranza, della comprensione e della cooperazione per il conseguimento e il mantenimento di società democratiche stabili.

Roma 1993 (Decisioni: X. Dichiarazione sul nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo)

2. I Ministri hanno inoltre rilevato che tali fenomeni possono provocare violenze, secessionismo mediante l’uso della forza, discordia etnica e, nei casi peggiori, le barbare pratiche della deporta- zione di massa, della pulizia etnica e della violenza contro civili innocenti.

3. Il nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo creano tensioni etniche, politiche e sociali all’interno degli Stati e fra essi. Essi inoltre minano la stabilità internazionale e le iniziative mondiali per dare saldi fondamenti ai diritti universali dell’uomo.

4. I Ministri hanno concentrato l’attenzione sull’esigenza di un’azione urgente per imporre la rigo- rosa osservanza delle norme del diritto umanitario internazionale, inclusi il perseguimento e la punizione di coloro che sono colpevoli di crimini di guerra e di altri crimini contro l’umanità.

5. I Ministri hanno convenuto che la CSCE deve svolgere un ruolo importante in tali iniziative. Le chiare norme di comportamento che si riflettono negli impegni CSCE includono un attivo soste- gno dei pari diritti di tutti gli individui conformemente al diritto internazionale e della tutela delle minoranze nazionali.

Budapest 1994 (Decisioni: VIII Dimensione Umana: Tolleranza e non discriminazione)

25. Gli Stati partecipanti condannano le manifestazioni di intolleranza, e specialmente di naziona- lismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo, e continueranno a promuovere misure efficaci miranti al loro sradicamento. (…) Essi condannano tutti i crimini commessi nel perseguimento della cosiddetta “pulizia etnica” e continueranno a sostenere efficacemente il Tri- bunale Internazionale sui Crimini di Guerra per l’ex Jugoslavia, istituito all’Aia. 5 26. Essi elogiano il piano d’azione del Consiglio d’Europa sul razzismo, la xenofobia, l’antise- mitismo e l’intolleranza. Dando seguito alla Dichiarazione del Consiglio di Roma, le istituzioni CSCE vaglieranno le possibilità di operare congiuntamente con il Consiglio d’Europa nonché con le Nazioni Unite ed altre organizzazioni internazionali.

249 5.3.1 Disposizioni generali

Lisbona 1996 (Dichiarazione del Vertice)

9. (…) Fra i problemi impellenti nell’ambito della dimensione umana, le continue violazioni dei diritti dell’uomo, quali (…) le manifestazioni di nazionalismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo continuano a mettere in pericolo la stabilità nella regione dell’OSCE. Ci impegniamo a proseguire le nostre attività volte a fronteggiare tali problemi.

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

19. (…) Ci impegniamo a contrastare minacce alla sicurezza quali le violazioni dei diritti dell’uomo e delle libertà fondamentali, inclusa la libertà di pensiero, coscienza, religione o credo nonché manifestazioni di intolleranza, nazionalismo aggressivo, razzismo, sciovinismo, xenofobia e anti- semitismo. (…)

22. Respingiamo qualsiasi politica di pulizia etnica o di espulsione di massa. (…)

Bucarest 2001 (Annesso alla Decisione 1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

11. Promozione dei diritti dell’uomo, della tolleranza e del multiculturalismo: Gli Stati partecipanti/ Consiglio Permanente/ODIHR/Alto Commissario per le Minoranze Nazionali(ACMN)/Rappre- sentante per la libertà dei mezzi di informazione: Promuoveranno e miglioreranno la tolleranza, la coesistenza e le relazioni armoniose tra gruppi etnici, linguistici e altri gruppi, nonché la coo- perazione costruttiva tra Stati partecipanti al riguardo. Prevederanno il preallarme della violenza, dell’intolleranza, dell’estremismo e della discriminazione nei confronti di tali gruppi e appropriate risposte a riguardo e, al tempo stesso, promuoveranno il rispetto da parte di questi gruppi dello stato di diritto, dei valori democratici e delle libertà individuali. Si adopereranno per assicurare che le persone appartenenti a minoranze nazionali abbiano il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa.

Porto 2002 (Decisione N.6 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

ribadendo che la democrazia e la tutela dei diritti dell’uomo e delle libertà fondamentali sono una salvaguardia essenziale della tolleranza e della non discriminazione e costituiscono impor- tanti fattori di stabilità, sicurezza, cooperazione e sviluppo pacifico nell’intera regione dell’OSCE, e che al contrario la tolleranza e la non discriminazione sono elementi importanti nella promo- zione dei diritti dell’uomo, (…)

tenendo conto che la promozione della tolleranza e della non discriminazione può inoltre contri- buire ad eliminare la causa dell’istigazione all’odio e del nazionalismo aggressivo, del razzismo, dello sciovinismo, della xenofobia, dell’antisemitismo e dell’estremismo violento,

riconoscendo la responsabilità degli Stati partecipanti nella promozione della tolleranza e della non discriminazione

250 5.3.1 Disposizioni generali

1.(a) condanna nei termini più severi tutte le manifestazioni di nazionalismo aggressivo, di razzi- smo, di sciovinismo, di xenofobia, di antisemitismo e di estremismo violento, nonché l’istigazione all’odio e gli episodi di discriminazione basati sulla religione o sul credo; (…)

2. decide di intensificare gli sforzi volti a mantenere e a rafforzare la tolleranza e la non discrimi- nazione con l’assistenza delle istituzioni OSCE e in cooperazione con le pertinenti organizzazioni internazionali e la società civile, con mezzi quali gli scambi di informazioni e le migliori prassi; (…)

5. condanna in particolare la discriminazione in base a motivi religiosi e si impegna a cercare di prevenire tutti gli attacchi diretti a gruppi religiosi, sia che si tratti di persone, luoghi di culto od oggetti religiosi;

6. condanna in particolare il recente aumento di incidenti antisemiti nella regione dell’OSCE, rico- noscendo il ruolo che l’antisemitismo ha svolto nella storia quale principale minaccia alla libertà;

7. condanna inoltre il recente aumento di atti di discriminazione e di violenza contro i musulmani nella regione dell’OSCE e rifiuta fermamente di identificare il terrorismo e l’estremismo con una particolare religione o cultura;

8. decide di assumere posizioni pubbliche forti contro l’istigazione all’odio e altre manifestazioni di nazionalismo aggressivo, di razzismo, di sciovinismo, di xenofobia, di antisemitismo e di estre- mismo violento, nonché contro episodi di discriminazione in base alla religione o al credo;

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

Minacce alla sicurezza e alla stabilità nel ventunesimo secolo (…)

12. Le pratiche connesse alla discriminazione e all’intolleranza minacciano la sicurezza indivi- duale e possono dare origine a conflitti e violenze su vasta scala. Esse possono essere generate da tensioni etniche e religiose, nazionalismo aggressivo, sciovinismo e xenofobia, e possono anche essere causate da razzismo, antisemitismo ed estremismo violento, nonché dal mancato rispetto dei diritti di persone appartenenti a minoranze nazionali.

13. La mobilità delle popolazioni migranti e l’emergere in ogni parte della regione OSCE di società in cui coesistono culture diverse presenta opportunità ma anche sfide crescenti. La mancata inte- grazione sociale e il non rispetto anche da parte dei residenti dei diritti di tutti può compromet- tere la stabilità. 5 (…)

Far fronte alle minacce connesse alla discriminazione e all’intolleranza

36. Discriminazione e intolleranza figurano tra i fattori che possono provocare conflitti e com- promettere la sicurezza e la stabilità. In base agli impegni nel quadro della dimensione umana, l’OSCE si adopera al fine di promuovere in tutta la sua regione condizioni che consentano a tutti di godere pienamente dei diritti umani e delle libertà fondamentali, sotto la tutela di efficaci isti- tuzioni democratiche, equi procedimenti giudiziari e dello stato di diritto, il che presuppone anche condizioni e istituzioni sicure per un sereno dibattito e per la pacifica espressione di interessi da

251 5.3.1 Disposizioni generali

parte di tutti gli individui e i gruppi sociali. La società civile ha un ruolo importante da svolgere a tale riguardo; l’OSCE pertanto continuerà a sostenere le organizzazioni della società civile e a favorirne il rafforzamento. (…)

38. Gli Stati partecipanti nonché gli organi e le istituzioni dell’OSCE sono impegnati a intensifi- care i loro sforzi per opporsi a minacce originate dalla discriminazione e dall’intolleranza. Saranno promosse attivamente relazioni armoniose tra gruppi etnici, religiosi, linguistici e di altro tipo, e i diritti delle persone appartenenti alle minoranze nazionali (…). La violenza, l’intolleranza, l’estre- mismo e la discriminazione nei confronti di tali gruppi, compresi i lavoratori migranti, i richie- denti asilo e altri immigranti devono essere contrastati e i responsabili di tali azioni ne dovranno rispondere. Nel contempo è essenziale che le persone appartenenti a tali gruppi rispettino lo stato di diritto, i valori democratici e le libertà individuali.

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

riaffermando il suo impegno di promuovere la tolleranza e di combattere la discriminazione, e le sue preoccupazioni riguardo a qualsiasi manifestazione di nazionalismo aggressivo, razzi- smo, sciovinismo, xenofobia, antisemitismo e estremismo violento in tutti gli Stati partecipanti, nonché la discriminazione anche in base alla razza, al colore, al sesso, alla lingua, alla religione o al credo, all’opinione politica o di altro tipo, all’origine nazionale o sociale, alla proprietà, alla nascita o ad altro stato,

sollecitando le competenti autorità di tutti gli Stati partecipanti a continuare a condannare pub- blicamente, al livello e nel modo appropriato, atti di violenza motivati dalla discriminazione e dall’intolleranza,

affermando l’impegno ad intensificare i propri sforzi per la promozione della tolleranza e della non discriminazione in tutti i campi, (…)

8. riconosce la necessità di combattere i crimini che possano essere alimentati da una propaganda razzista, xenofoba e antisemita in Internet. (…)

Incoraggia gli Stati partecipanti a richiedere l’assistenza dell’ODIHR e del suo Gruppo di esperti sulla libertà di religione o di credo. (…)

252 5.3.1 Disposizioni generali

13. prende atto dei Principi guida delle Nazioni Unite sullo sfollamento, quale utile cornice per i lavori dell’OSCE e per le iniziative degli Stati partecipanti in merito agli sfollati; (…)

15. decide di intensificare la cooperazione dell’OSCE con le competenti organizzazioni interna- zionali quali le Nazioni Unite, il Consiglio d’Europa e l’Unione Europea, nonché con la società civile e le pertinenti organizzazioni non governative al fine di promuovere la tolleranza e la non discriminazione; (…)

Sofia 2004 (Dichiarazione del Consiglio dei ministri sul sessantesimo anniversario della fine della Seconda guerra mondiale)

La storia ci ha reso consapevoli dei pericoli insiti nell’intolleranza, nella discriminazione, nell’estre- mismo e nell’odio per motivi etnici, razziali e religiosi. Ci impegniamo a combattere tali minacce, anche attraverso l’OSCE, e respingiamo qualsiasi tentativo di giustificarle.

Condanniamo con forza qualsiasi negazione dell’Olocausto. Condanniamo tutte le forme di puli- zia etnica. Confermiamo la nostra adesione alla Convenzione ONU per la prevenzione e la puni- zione dei reati di genocidio adottata il 9 dicembre 1948. Invitiamo tutti gli Stati partecipanti ad intraprendere tutte le iniziative possibili per garantire che i tentativi di perpetrare atti di genocidio siano prevenuti ora e in futuro. Gli autori di tali crimini dovranno essere consegnati alla giustizia.

Sofia 2004 (Decisione N.12/04 sulla tolleranza e non-discriminazione)

Il Consiglio dei ministri, (…)

2. approva le decisioni del Consiglio permanente sulla Lotta all’antisemitismo (PC.DEC/607) e sulla Tolleranza e la lotta contro il razzismo, la xenofobia e la discriminazione (PC.DEC/621), nonché la Decisione del Consiglio permanente sulla Promozione della tolleranza e della libertà dei mezzi di informazione in Internet (PC.DEC/633), allegate alla presente decisione;

3. decide inoltre di intensificare gli sforzi volti all’attuazione di tali tre decisioni, che includono impegni nel campo, fra l’altro, dell’educazione, dei mezzi d’informazione, della legislazione, dell’ap- plicazione della legge, delle migrazioni e della libertà di religione; (…)

5. accoglie, inoltre, con favore l’intenzione del Presidente in esercizio di nominare, conformemente 5 alla decisione N.8 del Consiglio dei ministri di Porto, tre rappresentanti personali nel quadro dello sforzo globale dell’OSCE di combattere la discriminazione e promuovere la tolleranza. (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.607: Lotta all’antisemitismo)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni per combattere l’antisemitismo in tutta la regione dell’O- SCE, decide,

253 5.3.1 Disposizioni generali

1. che gli Stati partecipanti si impegnino a: • adoperarsi per assicurare che i loro sistemi giuridici favoriscano un ambiente privo di feno- meni di aggressione, violenza o discriminazione antisemita in tutti i settori della vita sociale; • combattere i crimini ispirati dall’odio alimentati dalla propaganda razzista, xenofoba e antise- mita nei mezzi di informazione o in Internet; • incoraggiare e sostenere gli sforzi intrapresi in tali campi dalle organizzazioni internazionali e dalle ONG; (…) • collaborare con l’Assemblea parlamentare dell’OSCE per definire mezzi e modi appropriati per esaminare periodicamente il problema dell’antisemitismo; • incoraggiare lo sviluppo di scambi informali fra esperti in fora appropriati sulle migliori prassi e sulle esperienze relative all’applicazione della legge e all’educazione; (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni volti alla lotta contro le manifestazioni di intolleranza nella regione dell’OSCE,

decide,

1. che gli Stati partecipanti si impegnano a: (…) • intraprendere iniziative di lotta contro gli atti di discriminazione e di violenza nei confronti dei musulmani nell’area dell’OSCE; • intraprendere iniziative, in conformità con le loro leggi nazionali e i loro obblighi internazio- nali, contro la discriminazione, l’intolleranza e la xenofobia nei confronti dei migranti e dei lavoratori migranti; • prevedere lo svolgimento di attività volte a sensibilizzare l’opinione pubblica sul prezioso con- tributo dei migranti e dei lavoratori migranti per la società; • combattere i crimini ispirati dall’odio che possono essere alimentati da propaganda razzista, xenofoba e antisemita nei mezzi d’informazione e in Internet e denunciare tali crimini pubbli- camente in modo appropriato quando si verifichino; (…) • incoraggiare e sostenere gli sforzi delle organizzazioni internazionali e delle ONG in tali ambiti; (…) • esaminare la possibilità di istituire all’interno dei Paesi organismi che promuovano la tolleranza e combattano il razzismo, la xenofobia, la discriminazione o la relativa intolleranza, compresa quella nei confronti dei musulmani, nonché l’antisemitismo; (…) • collaborare con l’Assemblea parlamentare dell’OSCE per definire mezzi e modi appropriati per esaminare periodicamente i problemi del razzismo, della xenofobia e della discriminazione;

254 5.3.1 Disposizioni generali

• incoraggiare lo sviluppo di scambi informali informazioni fra esperti in fori appropriati sulle migliori prassi ed esperienze nel campo dell’applicazione della legge e dell’istruzione; (…)

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri, (…)

ricordando l’importanza di promuovere e facilitare il dialogo e il partenariato interculturale e inter- religioso, ai fini della tolleranza, del rispetto e della comprensione reciproca, sia a livello nazio- nale che a livello internazionale, (…)

3. respinge l’identificazione del terrorismo e dell’estremismo violento con qualsiasi religione o credo, cultura, gruppo etnico, nazionalità o razza; (…)

4. decide che l’OSCE dovrà continuare a sensibilizzare l’opinione pubblica e a sviluppare misure per combattere i pregiudizi, l’intolleranza e la discriminazione, nel rispetto dei diritti umani e delle libertà fondamentali, inclusa la libertà di pensiero, di coscienza, di religione o credo di ciascun indi- viduo senza distinzioni basate, tra l’altro, su razza, colore, sesso, lingua, religione o credo, opinione politica o di altro tipo, origine nazionale o estrazione sociale, proprietà, nascita o altra condizione; (…)

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci)

Il Consiglio dei ministri, (…)

riconoscendo che la promozione di una cultura del rispetto e della comprensione reciproci e dell’u- guaglianza, così come il perseguimento di pari opportunità per una partecipazione effettiva alle società democratiche richiedono un approccio sistematico, globale e a lungo termine,

esprimendo profonda preoccupazione per l’espressione pubblica di idee razziste, xenofobe e discri- minatorie, (…)

riaffermando la necessità che gli Stati partecipanti affrontino con determinazione la lotta a tutti gli atti e le manifestazioni di odio, inclusi i crimini ispirati dall’odio, nella consapevolezza che 5 gli sforzi necessari per affrontare tali fenomeni richiedono un approccio comune, e riconoscendo al contempo la specificità delle singole manifestazioni e del contesto storico di ciascuna forma, (…)

riconoscendo il ruolo fondamentale che la società civile può svolgere nella lotta all’intolleranza e alla discriminazione e nella promozione del rispetto e della comprensione reciproci,

allarmato per la comparsa di partiti politici, movimenti e gruppi di qualsiasi tipo che incitano alla violenza,

255 5.3.1 Disposizioni generali

nutrendo altresì preoccupazione, in tale contesto, per le manifestazioni violente di estremismo asso- ciate al razzismo, alla xenofobia, all’antisemitismo, al nazionalismo aggressivo e al neonazismo,

richiamando il contributo dell’OSCE all’Iniziativa dell’ONU per un’Alleanza delle civiltà al fine di forgiare una volontà politica collettiva e mobilitare iniziative concertate a livello istituzionale e della società civile per promuovere il rispetto e la comprensione reciproci, e tenendo presente il rapporto che il Gruppo ad alto livello ha presentato al Segretario generale delle Nazioni Unite il 13 novembre 2006 a Istanbul, che mira a istituire, sotto l’egida dell’ONU, partenariati fra orga- nizzazioni internazionali che condividono gli scopi dell’Alleanza delle civiltà, (…)

3. incoraggia gli Stati partecipanti a riconoscere il contributo positivo che tutte le persone possono apportare all’armonia e al pluralismo delle nostre società, promuovendo politiche incentrate sull’u- guaglianza di opportunità, di diritti e di accesso alla giustizia e ai servizi pubblici e sulla promo- zione del dialogo e della partecipazione effettiva; (…)

8. deplora l’espressione pubblica di idee razziste, xenofobe e discriminatorie e sottolinea che i rappresentanti politici possono svolgere un ruolo positivo nella promozione globale del rispetto e della comprensione reciproci ed esercitare una notevole influenza nel disinnescare le tensioni nella società, prendendo ferma posizione contro atti e incidenti motivati dall’odio e riconoscendo i contributi positivi che tutte le persone possono apportare ad una società armoniosa e pluralistica; (…)

12. decide che gli Stati partecipanti devono impegnarsi più attivamente per incoraggiare le atti- vità della società civile attraverso partenariati efficaci e un dialogo e una cooperazione raffor- zati fra società civile e autorità statali in materia di promozione del rispetto e della comprensione reciproci, di uguaglianza di opportunità e di integrazione di tutti i cittadini nella società, non- ché di lotta all’intolleranza, anche attraverso la creazione di meccanismi di consultazione locali, regionali o nazionali, ove appropriato; (…)

16. resta in attesa di un’iniziativa dell’ONU relativamente al rapporto del Gruppo ad alto livello dell’Iniziativa per l’Alleanza delle civiltà, al fine di considerare un contributo appropriato dell’O- SCE alla sua attuazione.

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

sottolineando che la responsabilità primaria di far fronte ad atti di intolleranza e discriminazione spetta agli Stati partecipanti, ivi compresi i loro rappresentanti politici, (…)

riconoscendo che le manifestazioni di intolleranza e discriminazione possono pregiudicare gli sforzi volti a tutelare i diritti dei singoli, inclusi i migranti, i rifugiati, le persone appartenenti a minoranze nazionali e gli apolidi,

256 5.3.1 Disposizioni generali

(…)

1. invita i rappresentanti politici, inclusi i membri dei parlamenti, ad adoperarsi costantemente per respingere e condannare con forza le manifestazioni di razzismo, xenofobia, antisemitismo, discriminazione e intolleranza, anche nei confronti dei cristiani, degli ebrei, dei musulmani e di persone appartenenti ad altre religioni, nonché le manifestazioni violente di estremismo associato al nazionalismo aggressivo e al neonazismo, pur continuando a rispettare la libertà di espressione;

2. sottolinea la perdurante necessità che gli Stati partecipanti (…) rafforzino la cooperazione con la società civile; (…)

5. invita gli Stati partecipanti, in cooperazione con la società civile, ad accrescere nell’ambito della loro legislazione nazionale gli sforzi volti a combattere l’incitamento alla violenza e ai crimini ispi- rati dall’odio, anche attraverso Internet, pur nel rispetto della libertà di espressione, e sottolinea al tempo stesso che si dovrebbero sfruttare appieno le opportunità offerte da Internet per promuo- vere la democrazia, i diritti dell’uomo e l’educazione alla tolleranza; (…)

7. invita gli Stati partecipanti a tutelare i migranti che risiedono legalmente nei paesi ospitanti, nonché le persone appartenenti a minoranze nazionali, gli apolidi e i rifugiati per motivi di razzi- smo, xenofobia, discriminazione e violenti atti di intolleranza; invita inoltre ad elaborare o raffor- zare strategie e programmi nazionali per l’integrazione dei migranti regolari, che richiede altresì l’impegno attivo di questi ultimi; (…)

9. si impegna ad assicurare efficienti seguiti ai lavori svolti finora dagli Stati partecipanti e dalle pertinenti istituzioni OSCE, in particolare dall’ODIHR attraverso il suo programma Tolleranza e non discriminazione, intesi a promuovere, nell’ambito dei loro mandati, la tolleranza e la non discriminazione, sottolineando l’importanza di attuare gli esistenti impegni OSCE tenendo in con- siderazione l’esperienza e la competenza di altre organizzazioni internazionali e regionali compe- tenti in tale campo al fine di evitare duplicazioni (…);

10. incoraggia la creazione da parte degli Stati partecipanti che non lo abbiano ancora fatto di isti- tuzioni nazionali o di organi specializzati incaricati di combattere l’intolleranza e la discrimina- zione, nonché l’elaborazione e attuazione di strategie nazionali e di piani d’azione in tale campo, 5 avvalendosi dell’esperienza e dell’assistenza delle pertinenti istituzioni OSCE, in base agli impe- gni esistenti, e delle pertinenti agenzie internazionali, ove appropriato;

11. decide di prendere in considerazione un appropriato contributo dell’OSCE alla fase di attua- zione delle raccomandazioni del Gruppo ad alto livello dell’Alleanza delle civiltà, tenendo conto del Piano d’attuazione elaborato dall’Alto Rappresentante delle Nazioni Unite per l’Alleanza delle civiltà, e raccomanda che il Segretario generale dell’OSCE, in consultazione con il Presidente in esercizio, partecipi al prossimo Foro annuale dell’Alleanza da tenersi a Madrid e riferisca agli Stati partecipanti in merito agli esiti di tale evento. (…)

257 5.3.1 Disposizioni generali

Helsinki 2008 (Decisione N.8/08 sul contributo dell’OSCE alla fase di attuazione dell’iniziativa per un’alleanza delle civiltà)

Il Consiglio dei ministri,

riconoscendo la necessità di promuovere la comprensione reciproca e le relazioni di cooperazione fra le nazioni, trasversalmente rispetto alle culture e alle civiltà,

determinato a contrastare la radicalizzazione e l’estremismo violento che portano al terrorismo,

sottolineando il ruolo dell’OSCE quale accordo regionale ai sensi del Capitolo VIII della Carta delle Nazioni Unite,

evidenziando il persistente interesse dell’OSCE per l’iniziativa “Alleanza delle civiltà”, creata sotto gli auspici delle Nazioni Unite, in linea con le decisioni del Consiglio dei ministri di Lubiana, Bru- xelles e Madrid,

ribadendo i nostri impegni a combattere l’intolleranza e la discriminazione e a promuovere il mutuo rispetto e la comprensione reciproca,

ricordando il contributo iniziale dell’OSCE all’iniziativa “Alleanza delle civiltà”, presentato al Segre- tario generale delle Nazioni Unite nel 2006,

tenendo conto del Piano di attuazione elaborato dall’Alto Rappresentante delle Nazioni Unite per l’iniziativa “Alleanza delle civiltà”,

decide, nell’ambito delle risorse esistenti, di:

1. autorizzare il Segretario generale dell’OSCE a seguire gli sviluppi dell’“Alleanza delle civiltà” e a considerare le possibilità di cooperazione nell’ambito dei progetti dell’“Alleanza delle civiltà” in settori di interesse comune e di reciproco vantaggio che consentano progressi nell’attuazione degli impegni OSCE, nonché incaricarlo di riferire in merito agli Stati partecipanti; (…)

Atene 2009 (Decisione N.5/09 sulla gestione della migrazione)

Il Consiglio dei ministri, (…)

1. incoraggia gli Stati partecipanti a continuare a impegnarsi nella gestione della migrazione: (…) • rispettando i diritti umani dei migranti e incrementando gli sforzi volti a combattere la discri- minazione, l’intolleranza e la xenofobia nei confronti dei migranti e delle loro famiglie; (…)

Atene 2009 Decisione N.9/09 sulla lotta ai crimini ispirati dall’odio)

Il Consiglio dei ministri, (…)

preoccupato per i crimini ispirati dall’odio che si verificano in tutta la regione dell’OSCE e con- sapevole della necessità di cooperare al fine di combattere in modo efficace tali crimini, e tenendo

258 5.3.1 Disposizioni generali

conto del rapporto dell’ODIHR, elaborato su incarico degli Stati partecipanti, dal titolo “Crimini ispirati dall’odio nella regione dell’OSCE: incidenti e risposte”, (…)

riconoscendo che i crimini ispirati dall’odio sono reati motivati dal pregiudizio,

prendendo nota della Strategia globale delle Nazioni Unite contro il terrorismo, adottata l’8 set- tembre 2006 dall’Assemblea generale delle Nazioni Unite, che delinea un approccio globale e onni- comprensivo alla lotta al terrorismo affrontando non soltanto le sue manifestazioni, ma anche le condizioni che ne favoriscono la diffusione, e riconoscendo il ruolo che i crimini ispirati dall’o- dio, la discriminazione e l’intolleranza possono svolgere nell’alimentare l’estremismo violento e la radicalizzazione che sfociano nel terrorismo, (…)

riconoscendo che il rallentamento economico globale può accrescere gli episodi di crimini ispi- rati dall’odio nell’area dell’OSCE,

riconoscendo che le vittime dei crimini ispirati dall’odio possono appartenere sia a comunità mino- ritarie sia a quelle maggioritarie, (…)

invita gli Stati partecipanti a: (…)

5. in cooperazione con pertinenti attori, individuare mezzi per garantire alle vittime dei crimini ispirati dall’odio l’accesso a servizi di consulenza, assistenza legale e consolare nonché l’accesso effettivo alla giustizia; (…)

8. svolgere attività di sensibilizzazione e di educazione, in particolare nell’ambito delle forze di polizia, a favore delle comunità e dei gruppi della società civile che assistono le vittime di cri- mini ispirati dall’odio; (…)

10. considerare l’opportunità di avvalersi di strumenti messi a punto dall’ODIHR nel campo dell’i- struzione, della formazione e delle attività di sensibilizzazione al fine di assicurare un approccio globale agli interventi volti a fronteggiare i crimini ispirati dall’odio;

11. invita gli Stati partecipanti a ricercare opportunità di cooperazione e quindi affrontare l’uti- lizzo crescente di Internet per esprimere idee che costituiscono un incitamento alla violenza moti- vata dal pregiudizio, così come ai crimini ispirati dall’odio e, in tal modo, ridurre il danno causato 5 dalla divulgazione di tali materiali, assicurando al contempo che ogni misura adottata sia conforme agli impegni dell’OSCE, con particolare riguardo alla libertà di espressione; (…)

Astana 2010

7. Permangono gravi sfide e minacce. (…) Si devono compiere maggiori sforzi per promuovere la libertà di religione o di credo e combattere l’intolleranza e la discriminazione.

259 5.3.1 Disposizioni generali

(…)

Basilea 2014 (Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo)

Noi, membri del Consiglio ministeriale dell’Organizzazione per la sicurezza e la cooperazione in Europa, ricordiamo la Conferenza OSCE sull’antisemitismo tenutasi a Berlino nel 2004, in cui gli Stati partecipanti dell’OSCE hanno condannato tutte le manifestazioni di antisemitismo e si sono impegnati a intraprendere sforzi comuni per combattere l’antisemitismo in tutta l’area dell’OSCE.

Esprimiamo la nostra preoccupazione per il numero sconcertante di episodi di antisemitismo che continuano ad avere luogo nell’area dell’OSCE e a rappresentare una sfida per la stabilità e la sicurezza.

Respingiamo e condanniamo le manifestazioni di antisemitismo, di intolleranza e di discrimina- zione contro gli ebrei.

Rammentiamo l’impegno a rispettare i diritti umani e le libertà fondamentali di tutti, senza distin- zione di razza, sesso, lingua o religione, come sancito nella disposizione dell’Atto finale di Hel- sinki del 1975. (…)

Riconosciamo il contributo essenziale della società civile nel prevenire e rispondere all’antisemi- tismo, anche attraverso la sua attiva partecipazione a pertinenti eventi dell’OSCE e connessi con l’OSCE, in particolare nel corso dell’evento commemorativo ad alto livello per celebrare il 10° anni- versario della Conferenza OSCE di Berlino sull’antisemitismo del 2014.

Sottolineiamo l’importanza che gli Stati collaborino con la società civile attraverso partenariati efficaci e un dialogo rafforzato nonché attraverso la cooperazione nell’ambito della lotta contro l’antisemitismo.

Dichiariamo senza ambiguità che gli sviluppi internazionali, anche in merito alla situazione in Medio Oriente, non giustificano mai l’antisemitismo.

Chiamiamo gli esponenti religiosi, politici e della società civile ad impegnarsi in dibattiti aperti al fine di combattere e prevenire l’antisemitismo, nel pieno rispetto delle libertà fondamentali e dei diritti umani.

Chiediamo agli Stati partecipanti di: • incoraggiare i dirigenti politici e le personalità pubbliche a pronunciarsi con forza e con solle- citudine in caso di episodi di antisemitismo; • promuovere programmi educativi per combattere l’antisemitismo e fornire ai giovani opportu- nità di educazione ai diritti umani, anche in materia di antisemitismo; • intensificare gli sforzi intesi ad attuare i pertinenti impegni OSCE relativi al monitoraggio dei crimini ispirati dall’odio e alla raccolta di dati pertinenti, compresi quelli motivati dall’antise- mitismo; • indagare in modo efficace, tempestivo e imparziale su atti di violenza motivati dall’antisemiti- smo e perseguire i responsabili;

260 5.3.1 Disposizioni generali

• promuovere e facilitare un dialogo e partenariati aperti e trasparenti, interculturali, intercon- fessionali e interreligiosi; • incoraggiare l’inclusione delle comunità religiose e di credenti in dibattiti pubblici su inizia- tive legislative pertinenti;

chiediamo all’ODIHR di: • offrire agli Stati partecipanti le migliori prassi relative agli sforzi per contrastare l’antisemitismo, anche consultando la società civile, al fine di individuare e affrontare in modo efficace le attuali manifestazioni di antisemitismo; • facilitare la cooperazione tra funzionari governativi e la società civile su questioni relative all’an- tisemitismo, inclusi i crimini ispirati dall’odio e la memoria dell’Olocausto; • assistere gli Stati partecipanti nei loro sforzi intesi a raccogliere dati sui crimini ispirati dall’o- dio antisemitico, in cooperazione con la società civile, ove appropriato; • facilitare lo scambio di buone prassi tra gli Stati partecipanti su iniziative educative e altre misure di sensibilizzazione sull’antisemitismo e superare le difficoltà legate all’educazione all’Olocausto; • promuovere il dialogo e rafforzare la capacità della società civile di promuovere il rispetto e la comprensione reciproci, al fine di sostenere la causa della cooperazione tra comunità diverse.

Mettiamo in rilievo il lavoro dei tre Rappresentanti personali per le questioni della tolleranza a sostegno degli sforzi globali dell’OSCE per combattere l’intolleranza e la discriminazione, in particolare attraverso le loro visite in loco, le relative raccomandazioni e i rapporti da loro presen- tati al Consiglio permanente dell’OSCE.

Incoraggiamo gli Stati partecipanti a elaborare dichiarazioni ministeriali sul potenziamento degli sforzi per combattere l’intolleranza e la discriminazione, anche contro i musulmani, i cristiani e i membri di altre religioni.

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

condannando fermamente le manifestazioni di intolleranza, ivi incluse quelle basate sulla religione o sul credo, ribadendo la volontà degli Stati partecipanti di promuovere la tolleranza e la non discri- minazione, il rispetto e la comprensione reciproci nelle proprie società, e riaffermando il nostro impegno a promuovere e proteggere i diritti umani e le libertà fondamentali, incluse la libertà di espressione e la libertà di pensiero, di coscienza, di religione o di credo,

esprimendo profonda preoccupazione per il fatto che alcuni crimini gravi perpetrati da terroristi 5 o da gruppi terroristici, inclusi i combattenti terroristi stranieri, siano stati diretti contro persone e gruppi a causa della loro etnia, religione o credo, e riconoscendo il ruolo che la discriminazione e l’intolleranza possono svolgere nell’alimentare l’estremismo violento e la radicalizzazione che conducono al terrorismo, sottolineando l’impegno degli Stati partecipanti a adottare le misure necessarie a proteggere chiunque rientri nella loro giurisdizione contro gli atti di terrorismo, e a intraprendere azioni risolute per contrastare il terrorismo e i combattenti terroristi stranieri, (…), a sostegno dei nostri impegni OSCE pertinenti e in ottemperanza alle disposizioni applicabili ai sensi del diritto internazionale, incluso il diritto internazionale in materia di diritti umani, il diritto internazionale sui rifugiati e il diritto internazionale umanitario,

261 5.3.2 Strumenti internazionali

5.3.2 Strumenti internazionali

Copenhagen 1990

(40) Gli Stati partecipanti (…)

(40.6) prenderanno in considerazione l’adesione, qualora non lo abbiano ancora fatto, agli strumenti internazionali che contemplano il problema della discriminazione e garantiranno la piena attua- zione degli obblighi ivi contenuti, compresi quelli relativi alla presentazione di rapporti periodici, (40.7) considereranno inoltre l’opportunità di accettare i meccanismi internazionali che consen- tono agli Stati e agli individui di presentare comunicazioni concernenti la discriminazione din- nanzi ad organismi internazionali.

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti (…)

(32) (…) prenderanno in considerazione l’adesione alla Convenzione Internazionale sull’Elimina- zione di tutte le Forme di Discriminazione Razziale, qualora non lo abbiano già fatto.

Sofia 2004 (Dichiarazione del Consiglio dei ministri sul sessantesimo anniversario della fine della Seconda guerra mondiale)

(…) Confermiamo la nostra adesione alla Convenzione ONU per la prevenzione e la punizione dei reati di genocidio adottata il 9 dicembre 1948. (…)

5.3.3 Legislazione e applicazione di leggi e politiche

Copenhagen 1990

(40) Gli Stati partecipanti (…) (40.1) prenderanno misure efficaci, inclusa l’adozione, conformemente ai propri sistemi costituzio- nali e ai loro obblighi internazionali, delle leggi che si rendano necessarie per assicurare la tutela contro qualsiasi atto che costituisca incitamento alla violenza contro persone o gruppi sulla base di discriminazione, ostilità od odio nazionale, razziale, etnico o religioso, ivi compreso l’antise- mitismo, (…)

262 5.3.3 Legislazione e applicazione di leggi e politiche

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti (…)

(33) (…) prenderanno in considerazione l’adozione di misure appropriate nell’ambito della loro struttura costituzionale e conformemente ai loro obblighi internazionali per assicurare a ciascuno sul loro territorio la protezione contro la discriminazione per motivi razziali, etnici e religiosi non- ché per proteggere tutti gli individui, compresi gli stranieri, contro atti di violenza, anche per uno qualsiasi di tali motivi. Inoltre essi utilizzeranno pienamente le loro procedure giuridiche nazio- nali, compresa l’applicazione delle leggi esistenti a tale riguardo. (…)

Budapest 1994 (Decisioni: VIII Dimensione Umana)

25. Gli Stati partecipanti condannano le manifestazioni di intolleranza, e specialmente di nazio- nalismo aggressivo, razzismo, sciovinismo, xenofobia e antisemitismo, e continueranno a promuo- vere misure efficaci miranti al loro sradicamento. (…) A tal fine si adopereranno per rafforzare o adottare una legislazione appropriata, e adotteranno le misure necessarie per assicurare che la legislazione vigente venga attuata efficacemente in modo da scoraggiare le manifestazioni di tali fenomeni. Essi inoltre ribadiscono che le azioni volte a combattere tali fenomeni dovrebbero essere considerate una componente essenziale di una politica e di un’educazione miranti all’integrazione.

Porto 2002 (V. Decisione N.6 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri,

9. sollecita le autorità competenti degli Stati partecipanti a svolgere indagini rapide e imparziali sugli atti di violenza, specialmente laddove via sia il ragionevole sospetto che essi siano motivati da nazionalismo aggressivo, razzismo, sciovinismo, xenofobia, antisemitismo ed estremismo vio- lento, nonché su attacchi motivati dall’odio contro una particolare religione o credo, e a perse- guire i responsabili in conformità alla legislazione nazionale e alle pertinenti norme internazionali relative ai diritti dell’uomo; (…)

Maastricht 2003 (Annesso alla Decisione N.3/03; Piano d’azione per migliorare la situazione dei Rom e dei Sinti nell’area dell’OSCE)

Al fine di contrastare i pregiudizi (…) nonché di elaborare e attuare efficacemente politiche atte a combattere discriminazione e violenza razziale, si raccomandano le seguenti azioni: 5 Legislazione e applicazione della legge Azioni raccomandate agli Stati partecipanti:

263 5.3.3 Legislazione e applicazione di leggi e politiche

all’impiego, alla sanità e ai servizi sociali. Coinvolgere i rappresentanti dei Rom e dei Sinti nei pro- cessi di elaborazione, attuazione e valutazione.

9. La legislazione antidiscriminazione dovrebbe garantire: • il divieto di discriminazione razziale sia diretta che indiretta; • l’imposizione di sanzioni efficaci, proporzionate e dissuasive per azioni o pratiche discriminatorie; • l’imposizione di condanne più severe per crimini a motivazione razziale commessi sia da indi- vidui privati che da pubblici ufficiali; • il pari accesso a rimedi efficaci (procedure giudiziarie, amministrative, di conciliazione o di mediazione).

10. Si dovrebbe assicurare che la legislazione nazionale vieti ogni azione discriminatoria e che tutti i casi di presunta discriminazione vengano indagati a fondo e obiettivamente.

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

6. (…) Riconoscendo l’importanza di una legislazione destinata a combattere tali crimini, gli Stati partecipanti informeranno l’ODIHR circa la legislazione esistente in materia di crimini alimen- tati dall’intolleranza e dalla discriminazione e, ove appropriato, ricorreranno all’assistenza dell’O- DIHR nell’elaborazione e nel riesame di tale legislazione; (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni volti alla lotta contro le manifestazioni di intolleranza nella regione dell’OSCE,

decide,

1. che gli Stati partecipanti si impegnano a: • prevedere l’approvazione o il rafforzamento, ove appropriato, di una legislazione che vieti la discri- minazione o l’istigazione a crimini ispirati dall’odio basate sulla razza, sul colore, sul sesso, sulla lingua, sulla religione, sulla politica o su altre opinioni, sull’origine nazionale o sociale, sul censo, sulla nascita o altra condizione; (…) • prevedere l’avvio di programmi di formazione per le forze di polizia e per la magistratura sulla legislazione relativa ai crimini ispirati dall’odio e sulla sua applicazione;

264 5.3.3 Legislazione e applicazione di leggi e politiche

Il Consiglio permanente, (…)

decide che: (…)

2. gli Stati partecipanti dovranno indagare e, ove applicabile, perseguire pienamente atti di vio- lenza e minacce criminali di violenza in Internet, motivati da razzismo, xenofobia, antisemitismo o altri relativi pregiudizi;

3. gli Stati partecipanti dovranno addestrare agenti delle forze dell’ordine e avvocati sui modi di affrontare i crimini motivati da razzismo, xenofobia, antisemitismo o altri pregiudizi in Inter- net e dovranno condividere informazioni sui programmi di formazione con esiti positivi quale parte dello scambio di migliori prassi;

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri, (…)

5. decide che gli Stati partecipanti, nell’adoperarsi per attuare i loro impegni in favore della tolle- ranza e della non discriminazione, concentreranno le loro attività, tra l’altro, nel campo della legi- slazione, dell’ordine pubblico, dell’educazione, dei mezzi di comunicazione, della raccolta di dati, della migrazione e dell’integrazione, della libertà religiosa, del dialogo interculturale e interreli- gioso, e si impegneranno a: 5.1 considerare la possibilità di accrescere i propri sforzi per assicurare che la legislazione nazio- nale, le politiche e le procedure garantiscano ad ogni individuo una tutela giuridica paritaria ed effettiva e vietino atti di intolleranza e discriminazione, conformemente ai pertinenti impegni dell’OSCE e ai pertinenti obblighi internazionali da essi assunti; 5.2 adottare ulteriori iniziative al fine di assicurare che i funzionari pubblici, in particolare i mem- bri delle forze di polizia, ricevano una formazione adeguata su come rispondere ai crimini ispirati dall’odio e come prevenirli e, a tale riguardo, valutare la possibilità di mettere a punto programmi che prevedano tale formazione e di avvalersi dell’esperienza dell’ODIHR in tale campo, nonché di condividere le migliori prassi; (…)

5 Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci)

Il Consiglio dei ministri, (…)

7. decide di promuovere il rafforzamento delle capacità delle autorità preposte all’applicazione della legge attraverso corsi di formazione e l’elaborazione di linee guida sui metodi più efficaci e appropriati per rispondere ai crimini motivati dal pregiudizio, per intensificare un’interazione positiva fra polizia e vittime e per incoraggiare le vittime a denunciare i crimini ispirati dall’odio, ad esempio attraverso corsi di formazione per i funzionari principalmente interessati, l’attuazione

265 5.3.3 Legislazione e applicazione di leggi e politiche

di programmi atti a sensibilizzare l’opinione pubblica al fine di migliorare i rapporti fra la poli- zia e i cittadini, nonché attraverso attività di formazione per indirizzare le vittime verso i centri di assistenza e protezione; (…)

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

riconoscendo il ruolo che i parlamenti nazionali svolgono adottando leggi sui crimini ispirati dall’odio e contro la discriminazione (…), (…)

consapevole della specificità delle diverse forme di intolleranza, pur riconoscendo al tempo stesso l’importanza di adottare un approccio globale e di affrontare questioni di natura trasversale in set- tori quali, tra l’altro, la legislazione, l’applicazione della legge, (…) al fine di contrastare in modo efficace ogni forma di discriminazione, (…)

2. sottolinea la perdurante necessità che gli Stati partecipanti (…) assicurino la formazione dei fun- zionari competenti delle forze dell’ordine (…); (…)

8. incoraggia gli Stati partecipanti a condividere le migliori prassi adottate nell’ambito delle rispet- tive legislazioni (…), che contribuiscono a promuovere società inclusive basate sul rispetto della diversità culturale e religiosa, dei diritti umani e dei principi democratici; (…)

Atene 2009 Decisione N.9/09 sulla lotta ai crimini ispirati dall’odio)

Il Consiglio dei ministri, (…)

invita gli Stati partecipanti a: (…)

2. promulgare, ove appropriato, leggi specifiche e mirate per combattere i crimini ispirati dall’o- dio, applicando sanzioni efficaci che tengano conto della gravità di tali crimini; (…)

4. avviare o sviluppare ulteriormente corsi di formazione professionale e attività di rafforzamento delle capacità per le forze di polizia, i pubblici ministeri e i magistrati che si occupano di tali crimini;

6. condurre senza indugio indagini sui crimini ispirati dall’odio e assicurare che i moventi di tali cri- mini siano riconosciuti e condannati pubblicamente dalle competenti autorità e dai dirigenti politici;

266 5.3.4 Raccolta e monitoraggio dei dati

7. assicurare la cooperazione, ove appropriato, a livello nazionale e internazionale, anche con per- tinenti organi internazionali e tra le forze di polizia al fine di contrastare la criminalità organiz- zata violenta ispirata dall’odio;

Basilea 2014 (Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo)

Chiediamo agli Stati partecipanti di:

indagare in modo efficace, tempestivo e imparziale su atti di violenza motivati dall’antisemitismo e perseguire i responsabili;

5.3.4 Raccolta e monitoraggio dei dati

Ginevra 1991 (VI)

Inoltre, per accrescere la pubblica consapevolezza del pregiudizio e dell’odio, per migliorare l’ap- plicazione delle leggi contro i crimini connessi con l’odio e per promuovere in altro modo gli sforzi miranti ad affrontare l’odio e il pregiudizio nella società, [gli Stati partecipanti] compieranno sforzi per raccogliere, pubblicare regolarmente e rendere disponibili al pubblico i dati concernenti i cri- mini perpetrati sui propri rispettivi territori che si basino su pregiudizi riguardanti la razza, l’i- dentità etnica o la religione, incluse le direttive utilizzate per raccogliere tali dati. Tali dati non dovrebbero contenere alcuna informazione personale.

Istanbul 1999 (Carta per la sicurezza europea: IV. I nostri strumenti comuni)

44. Ci adopereremo per rafforzare il ruolo dell’OSCE nelle attività connesse alla polizia civile (…). Tali attività potranno comprendere: • monitoraggio della polizia, anche allo scopo di impedire che la polizia svolga attività che com- portino discriminazioni basate sull’identità religiosa ed etnica; (…) • creare un servizio di polizia a composizione multietnica e/o multireligiosa che possa godere della fiducia dell’intera popolazione; 5 Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

41. La capacità di monitoraggio dell’ODIHR sarà utilizzata appieno e verrà promossa la coope- razione operativa con altri organi di monitoraggio in settori quali la raccolta di dati, lo scambio di informazioni e le analisi congiunte, al fine di ottenere il quadro più completo degli sviluppi. Ciò consentirà all’OSCE di indirizzare le proprie attività verso le aree maggiormente prioritarie.

267 5.3.4 Raccolta e monitoraggio dei dati

Maastricht 2003 (Decisione N.4/03 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri, (…)

6. incoraggia tutti gli Stati partecipanti a raccogliere e a registrare informazioni e statistiche attendi- bili sui crimini e sulle altre manifestazioni di violenza motivate da razzismo, xenofobia, discrimina- zione e antisemitismo come è stato discusso e raccomandato nelle conferenze summenzionate. (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.607: Lotta all’antisemitismo)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni per combattere l’antisemitismo in tutta la regione dell’O- SCE, decide,

1. che gli Stati partecipanti si impegnino a: • raccogliere e conservare informazioni e statistiche attendibili sui crimini a sfondo antisemita, e su altri crimini ispirati dall’odio, perpetrati sul loro territorio, riferire regolarmente tali infor- mazioni all’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e ren- derle accessibili al pubblico;

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

Il Consiglio permanente, (…)

decide,

1. che gli Stati partecipanti si impegnano a: (…) • raccogliere e conservare informazioni e statistiche attendibili relative ai crimini ispirati dall’o- dio motivati da razzismo, xenofobia e da relativi atti di discriminazione e intolleranza, che hanno luogo sul loro territorio, riferire tali informazioni tramite rapporti periodici all’Ufficio OSCE per le istituzioni democratiche e i diritti dell’uomo (ODIHR) e mettere tali informazioni a disposizione del pubblico;

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri, (…)

268 5.3.4 Raccolta e monitoraggio dei dati

5.5 intensificare gli sforzi volti a raccogliere e conservare informazioni e statistiche affidabili sui crimini ispirati dall’odio e sulla relativa legislazione nell’ambito dei loro territori, presentare perio- dicamente tali informazioni all’ODIHR e rendere tali informazioni disponibili al pubblico non- ché considerare la possibilità di avvalersi dell’assistenza dell’ODIHR in tale campo e, a tal fine, considerare di creare uffici nazionali di collegamento presso l’ODIHR per questioni attinenti ai crimini ispirati dall’odio; (…)

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci)

Il Consiglio dei ministri, (…)

11. incoraggia gli Stati partecipanti ad intensificare i loro sforzi per l’attuazione dei loro impe- gni finalizzati a raccogliere e conservare dati e statistiche attendibili sui crimini ispirati dall’odio, essenziali per la formulazione di politiche efficaci e l’assegnazione appropriata di risorse per con- trastare incidenti motivati dall’odio; in tale contesto invita inoltre gli Stati partecipanti a favorire lo sviluppo di capacità della società civile al fine di contribuire al monitoraggio e alla segnalazione di episodi motivati dall’odio e di assistere le vittime dei crimini ispirati dall’odio; (…)

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

consapevole della specificità delle diverse forme di intolleranza, pur riconoscendo al tempo stesso l’importanza di adottare un approccio globale e di affrontare questioni di natura trasversale in settori quali, tra l’altro, (…) la raccolta di dati e il monitoraggio dei crimini ispirati dall’odio, (…) al fine di contrastare in modo efficace ogni forma di discriminazione, (…)

2. sottolinea la perdurante necessità che gli Stati partecipanti raccolgano e conservino dati e stati- stiche affidabili sui crimini e sugli incidenti ispirati dall’odio, assicurino la formazione dei funzio- nari competenti delle forze dell’ordine e rafforzino la cooperazione con la società civile; (…)

Atene 2009 Decisione N.9/09 sulla lotta ai crimini ispirati dall’odio) 5 Il Consiglio dei ministri, (…)

riconoscendo la necessità di disporre di dati più coerenti, completi e comparabili sui crimini ispi- rati dall’odio, evidenziata tra l’altro nel rapporto dell’ODIHR, (…)

invita gli Stati partecipanti a:

1. raccogliere, conservare e divulgare dati e statistiche attendibili sufficientemente dettagliati sui crimini ispirati dall’odio e sulle manifestazioni violente di intolleranza, inclusi il numero di casi

269 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

denunciati alle forze di polizia, il numero di casi perseguiti e le condanne comminate. Laddove disposizioni legislative sulla protezione dei dati limitino la raccolta di dati sulle vittime, gli Stati dovrebbero considerare metodi per la raccolta di dati conformi a tali disposizioni; (…)

3. adottare misure appropriate per incoraggiare le vittime a denunciare i crimini ispirati dall’o- dio, riconoscendo che la mancata denuncia di tali crimini impedisce agli Stati di mettere a punto efficienti strategie. A tale riguardo, quali misure complementari, invita ad individuare metodi per facilitare il contributo della società civile alla lotta ai crimini ispirati dall’odio; (…)

9. nominare, qualora non l’abbiano ancora fatto, un punto di contatto nazionale per i crimini ispirati dall’odio al fine di fornire periodicamente all’ODIHR informazioni e statistiche attendi- bili su tali crimini; (…)

Basilea 2014 (Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo)

Chiediamo agli Stati partecipanti di:

intensificare gli sforzi intesi ad attuare i pertinenti impegni OSCE relativi al monitoraggio dei cri- mini ispirati dall’odio e alla raccolta di dati pertinenti, compresi quelli motivati dall’antisemitismo;

chiediamo all’ODIHR di:

assistere gli Stati partecipanti nei loro sforzi intesi a raccogliere dati sui crimini ispirati dall’odio antisemitico, in cooperazione con la società civile, ove appropriato;

5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Helsinki 1975 (Questioni relative alla sicurezza in Europa: 1 (b) Questioni relative all’attuazione di taluni dei Principi sopra enunciati)

i) Gli Stati partecipanti, (…)

Dichiarano di essere decisi a rispettare e applicare nelle loro relazioni reciproche, fra l’altro, le seguenti disposizioni che sono conformi alla Dichiarazione sui Principi che reggono le rela- zioni fra gli Stati partecipanti: (…) • Promuovere, con tutti i mezzi che ciascuno di essi considera appropriati, un clima di fiducia e di rispetto fra i popoli consono al loro dovere di astenersi dalla propaganda a favore delle guerre di aggressione o da qualsiasi minaccia o uso della forza incompatibile con i fini delle Nazioni Unite e con la Dichiarazione sui Principi che reggono le relazioni fra gli Stati partecipanti, con- tro un altro Stato partecipante.

270 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(16) Al fine di assicurare la libertà dell’individuo di professare e praticare una religione o una con- vinzione, gli Stati partecipanti, fra l’altro, (…)

(16.2) favoriranno un clima di reciproca tolleranza e rispetto fra credenti di comunità diverse non- ché fra credenti e non credenti;

Vienna 1989 (Cooperazione nel settore umanitario e in altri settori; Cooperazione e scambi nel campo della cultura)

(61) Essi incoraggeranno ogni sforzo mirante a individuare le caratteristiche culturali comuni e a favorire una maggiore consapevolezza del loro retaggio culturale, tenendo debitamente conto dell’originalità e delle diversità delle loro rispettive culture. Conseguentemente essi incoraggeranno le iniziative che possono contribuire ad una migliore conoscenza del retaggio culturale degli altri Stati partecipanti in tutte le sue forme, compresi gli aspetti regionali e l’arte popolare.

Copenhagen 1990

(36) (…) Ciascuno Stato partecipante promuove un clima di mutuo rispetto, comprensione, coo- perazione e solidarietà tra tutte le persone che vivono sul suo territorio, senza distinzione di ori- gine etnica o nazionale o di religione e incoraggia la soluzione dei problemi attraverso il dialogo fondato sui principi dello Stato di diritto. (…)

(40) Gli Stati partecipanti (…) (…)

(40.3) adotteranno, conformemente ai loro sistemi costituzionali, misure efficaci, a livello nazio- nale, regionale e locale, per favorire la comprensione e la tolleranza, particolarmente nei settori dell’educazione, della cultura e dell’informazione, (40.4) si adopereranno per assicurare che tra i fini dell’educazione sia compreso quello di prestare particolare attenzione al problema del pregiudizio e dell’odio razziale e dello sviluppo del rispetto delle culture e civiltà diverse,

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Riconosciamo il contributo essenziale della nostra comune cultura europea e dei valori da noi con- 5 divisi per il superamento della divisione del Continente. Pertanto, sottolineiamo il nostro impe- gno per la libertà creativa, la protezione e la promozione del nostro retaggio culturale e spirituale in tutta la sua ricchezza e diversità.

Cracovia 1991 (Preambolo)

Gli Stati partecipanti esprimono la loro ben radicata convinzione di condividere i valori comuni forgiati dalla storia e basati, tra l’altro, sul rispetto dell’individuo, sulla libertà di coscienza, reli- gione o credo, sulla libertà di espressione, sul riconoscimento dell’importanza dei valori spirituali

271 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

e culturali, sull’impegno per lo stato di diritto, sulla tolleranza e apertura nel dialogo con altre culture. (…)

Essi ritengono che gli aspetti regionali della cultura in quanto tali dovrebbero costituire un fat- tore nella comprensione fra i popoli.

II. Cultura e Retaggio

III. Principali settori di preservazione e cooperazione

27. Tenendo presente l’importante ruolo che gli aspetti regionali della cultura possono svolgere nel creare legami fra i popoli al di sopra delle frontiere nazionali, gli Stati partecipanti favoriranno la cooperazione regionale a livello di autorità locali e nazionali e di organizzazioni non governa- tive, al fine di promuovere relazioni di buon vicinato. (…)

31. Gli Stati partecipanti si adopereranno per preservare e tutelare i monumenti e i luoghi carichi di memorie, inclusi soprattutto i campi di sterminio, e i relativi archivi, che sono di per sé testi- monianze di tragiche esperienze del loro comune passato. È necessario intraprendere iniziative tali da far sì che queste esperienze possano essere ricordate, possano contribuire a far conoscere tali eventi alle generazioni presenti e future, assicurando così che non si ripetano mai più.

32. Il significato dei luoghi carichi di memorie dolorose può validamente contribuire a promuo- vere la tolleranza e la comprensione fra i popoli tenendo conto delle diversità sociali e culturali.

Ginevra 1991 (VI)

[Gli Stati partecipanti] adotteranno misure efficaci per promuovere la tolleranza, la comprensione, l’uguaglianza di opportunità e buone relazione fra individui di origini differenti nei loro paesi.

272 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Mosca 1991

(38.1) [Gli Stati partecipanti] condannano tutti gli atti di discriminazione per motivi di razza, colore, origine etnica, di intolleranza e xenofobia contro i lavoratori migranti. Essi adotteranno, conformemente alla legislazione nazionale e agli obblighi internazionali, misure efficaci per pro- muovere la tolleranza, la comprensione, pari opportunità e il rispetto dei fondamentali diritti umani dei lavoratori migranti (…).

Helsinki 1992 (Dichiarazione del Vertice)

12. (…) Il declino economico, le tensioni sociali, il nazionalismo aggressivo, l’intolleranza, la xeno- fobia e i conflitti etnici minacciano la stabilità nell’area della CSCE. (…)

Resta ancora molto da fare per l’edificazione di società democratiche e pluralistiche, dove la diver- sità sia pienamente tutelata e rispettata nella pratica. Di conseguenza, respingiamo la discrimi- nazione razziale, etnica e religiosa sotto qualsiasi forma. La libertà e la tolleranza devono essere insegnate e praticate.

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(34) Esamineranno lo sviluppo di programmi per creare le condizioni atte a promuovere la non discriminazione e la comprensione transculturale che si focalizzeranno sull’educazione ai diritti dell’uomo, su un’azione radicale e su una formazione e ricerca transculturali.

Roma 1993 (Decisioni: IV. La Dimensione Umana)

1. (…) Preoccupati per le cause alla radice delle tensioni, derivanti da pregiudizi storici, i Ministri hanno esortato ad intraprendere iniziative, fra l’altro, mediante l’istruzione, per promuovere la tol- leranza e la consapevolezza dell’appartenenza ad un sistema di valori comuni. I Ministri hanno sottolineato che l’attuazione degli impegni nel campo della dimensione umana deve essere al cen- tro dell’attenzione nelle iniziative CSCE per la prevenzione dei conflitti. 5 Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

19. (…) Condanniamo la violenza nei confronti di qualsiasi minoranza. Ci impegniamo ad adot- tare misure volte a promuovere la tolleranza e a creare società pluralistiche in cui, indipendente- mente dall’origine etnica, tutti possano godere di eguali opportunità.

273 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Bucarest 2001 (Annesso alla Decisione 1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

Bucarest 2001 (Decisione N.5)

Il Consiglio dei Ministri, (…)

invita gli Stati partecipanti a promuovere la tolleranza e la non discriminazione anche con cam- pagne di sensibilizzazione e con l’istruzione; (…)

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo)

21. Riconoscono il ruolo positivo che i mezzi di comunicazione possono svolgere nel promuovere la tolleranza e la comprensione fra religioni, credo, culture e popoli (…)

Porto 2002 (Decisione N.6 sulla tolleranza e non discriminazione)

Il Consiglio dei Ministri,

(…) ribadendo che la democrazia e la tutela dei diritti dell’uomo e delle libertà fondamentali sono una salvaguardia essenziale della tolleranza e della non discriminazione e costituiscono impor- tanti fattori di stabilità, sicurezza, cooperazione e sviluppo pacifico nell’intera regione dell’OSCE, e che al contrario la tolleranza e la non discriminazione sono elementi importanti nella promo- zione dei diritti dell’uomo,

richiamando il continuo lavoro svolto dalle strutture e dalle istituzioni OSCE nel campo della pro- mozione dei diritti dell’uomo, della tolleranza, della non discriminazione e del multiculturalismo, in particolare tramite le riunioni, le attività, i progetti e i programmi nel campo della dimensione umana, inclusi quelli intrapresi dagli Stati partecipanti,

sottolineando il ruolo positivo del dialogo multiculturale e interreligioso tramite la promozione di una migliore comprensione fra nazioni e popoli,

riconoscendo la responsabilità degli Stati partecipanti nella promozione della tolleranza e della non discriminazione (…)

274 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

1. (…) (b) si impegna a promuovere ulteriormente il dialogo multiculturale, interetnico e interre- ligioso al quale i governi e la società civile saranno invitati a partecipare attivamente; (…)

4. si impegna ad adottare misure adeguate in conformità con i relativi sistemi costituzionali, a livello nazionale, regionale e locale, al fine di promuovere la tolleranza e la non discriminazione, nonché a contrastare i pregiudizi e i travisamenti, particolarmente nel campo dell’istruzione, della cul- tura e dell’informazione;

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

40. Gli sforzi dell’OSCE saranno indirizzati particolarmente alle giovani generazioni con l’obiet- tivo di accrescere la coscienza della necessità di tolleranza e dell’importanza della riconciliazione e della coesistenza pacifica. La visione e le prospettive dei giovani riguardo al futuro sono fonda- mentali. Pertanto l’OSCE, ove appropriato, assumerà un ruolo più significativo nel campo dell’i- struzione, nell’ambito del quale la formazione sui diritti umani meriterebbe particolare attenzione.

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.607: Lotta all’antisemitismo)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni per combattere l’antisemitismo in tutta la regione dell’O- SCE, decide,

1. che gli Stati partecipanti si impegnino a: • promuovere, ove appropriato, programmi educativi atti a combattere l’antisemitismo; • promuovere la memoria e, ove appropriato, l’insegnamento della tragedia dell’Olocausto e l’im- portanza del rispetto di tutti i gruppi etnici e religiosi; (…)

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la 5 discriminazione)

1. che gli Stati partecipanti si impegnano a: (…) • incentivare e potenziare, come appropriato, programmi educativi per promuovere la tolleranza e combattere il razzismo, la xenofobia e la discriminazione; • promuovere e facilitare un dialogo interculturale e interconfessionale aperto e trasparente e par- tnership volte alla tolleranza, al rispetto e alla comprensione reciproca (…);

275 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

• incoraggiare la promozione della tolleranza, del dialogo, del rispetto e della comprensione reci- proca tramite i mezzi d’informazione e Internet; (…)

Lubiana 2005 (Decisione N.2/05 sulla migrazione)

Il Consiglio dei ministri,

riaffermando gli impegni relativi alla migrazione, in particolare quelli concernenti i lavoratori migranti, ed altri pertinenti impegni, (…) (…)

riconoscendo (…) che valide politiche di integrazione, che includano il rispetto per la diversità cul- turale e religiosa, nonché la promozione e la tutela dei diritti umani e delle libertà fondamentali rap- presentano uno dei fattori per promuovere la stabilità e la coesione all’interno delle nostre società,

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri,

riconoscendo che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza dell’OSCE, (…)

sottolineando la necessità di prendere posizione in modo coerente e inequivocabile contro atti e manifestazioni ispirati dall’odio, in particolare nei discorsi politici, e di adoperarsi in favore della tolleranza, del rispetto e della comprensione reciproca,

apprezzando il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio, quale parte dello sforzo complessivo dell’OSCE per combattere la discriminazione e promuovere la tolleranza, il rispetto, la comprensione reciproca e per far emergere una consapevolezza di tale fenomeno, (…)

2. accoglie con favore la creazione del programma dell’ODIHR sulla tolleranza e la non discri- minazione;

3. respinge l’identificazione del terrorismo e dell’estremismo violento con qualsiasi religione o credo, cultura, gruppo etnico, nazionalità o razza;

276 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

individuo senza distinzioni basate, tra l’altro, su razza, colore, sesso, lingua, religione o credo, opinione politica o di altro tipo, origine nazionale o estrazione sociale, proprietà, nascita o altra condizione;

5.3 incoraggiare programmi educativi pubblici e privati che promuovano la tolleranza e la non discriminazione, nonché la consapevolezza dell’esistenza e dell’inaccettabilità di tali fenomeni e, a tale riguardo, considerare la possibilità di avvalersi dell’esperienza e dell’assistenza dell’ODIHR al fine di sviluppare metodi e programmi di educazione alla tolleranza in generale, che includano i seguenti elementi: • lotta ai pregiudizi razziali, all’odio, alla xenofobia e alla discriminazione; • educazione relativa all’Olocausto e la sua memoria, nonché altri genocidi, riconosciuti tali in conformità alla Convenzione del 1948 per la prevenzione e la repressione del crimine di geno- cidio e dei crimini contro l’umanità; • educazione in materia di antisemitismo, al fine di assicurare un approccio educativo sistema- tico in tale campo, che comprenda programmi relativi alle forme contemporanee di antisemi- tismo negli Stati partecipanti; • lotta ai pregiudizi, all’intolleranza e alla discriminazione contro cristiani, musulmani e mem- bri di altre religioni; (…)

5.6 continuare, se necessario con l’appoggio delle pertinenti strutture, istituzioni e operazioni sul terreno dell’OSCE, ad affrontare il fenomeno della migrazione e dell’integrazione nel rispetto della diversità culturale e religiosa, quale parte degli sforzi complessivi dell’OSCE per promuovere la tolleranza, il rispetto e la comprensione reciproca e per combattere la discriminazione, nonché per promuovere il rispetto dei diritti umani e delle libertà fondamentali; (…)

7. decide di offrire un appropriato contributo all’iniziativa “Alleanza delle civiltà”, attraverso la promozione del dialogo interculturale e interreligioso e la promozione della comprensione e del rispetto reciproco, nonché dei diritti umani in tutta l’area dell’OSCE e a tale riguardo incarica: 7.1 il Presidente in esercizio dell’OSCE di informare il Segretario generale delle Nazioni Unite in 5 merito alla presente decisione e all’interesse dell’OSCE di sostenere l’iniziativa “Alleanza delle civiltà”; 7.2 il Segretario generale di fornire, in cooperazione con gli Stati partecipanti e avvalendosi dell’e- sperienza delle strutture e delle istituzioni dell’OSCE, in particolare dell’ODIHR, un contributo dell’OSCE all’iniziativa “Alleanza delle civiltà” e di informare al riguardo il Gruppo ad alto livello dell’Alleanza delle civiltà entro la fine di giugno del 2006.

277 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Bruxelles 2006 (Dichiarazione del Consiglio dei ministri sulla migrazione)

5. Essendo la migrazione un fenomeno in crescita, sia in termini di portata che di complessità, esortiamo tutte le pertinenti istituzioni e strutture dell’OSCE, nell’ambito dei loro attuali mandati, a proseguire il loro lavoro sulle questioni inerenti alla migrazione e all’integrazione in tutte le tre dimensioni, con particolare attenzione al potenziale contributo della migrazione allo sviluppo soste- nibile e al co-sviluppo, promuovendo l’integrazione nel rispetto della diversità culturale e religiosa, affrontando la migrazione forzata nel rispetto dei pertinenti obblighi giuridici internazionali, con- trastando la migrazione clandestina nonché la tratta di esseri umani e lo sfruttamento, la discri- minazione, gli abusi e le manifestazioni di razzismo nei confronti dei migranti, con particolare attenzione alle donne e ai bambini, e favorendo il dialogo, il partenariato e la cooperazione tra gli Stati partecipanti all’OSCE e i Partner per la cooperazione su questioni relative alla migrazione. (…)

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci)

Il Consiglio dei ministri, (…)

riconoscendo che le manifestazioni di discriminazione e di intolleranza minacciano la sicurezza dei singoli e la coesione sociale e possono dare origine a conflitti e a violenze su più vasta scala,

esprimendo profonda preoccupazione per l’espressione pubblica di idee razziste, xenofobe e discri- minatorie,

riaffermando la necessità che gli Stati partecipanti affrontino con determinazione la lotta a tutti gli atti e le manifestazioni di odio, inclusi i crimini ispirati dall’odio, nella consapevolezza che gli sforzi necessari per affrontare tali fenomeni richiedono un approccio comune, e riconoscendo al contempo la specificità delle singole manifestazioni e del contesto storico di ciascuna forma, (…)

riconoscendo il lavoro svolto dai tre Rappresentanti personali del Presidente in esercizio a soste- gno dello sforzo globale dell’OSCE volto a combattere l’intolleranza e la discriminazione, e auspi- cando che nel corso del 2007 il Presidente in esercizio, in consultazione con gli Stati partecipanti, svolga un riesame del loro contributo a tale sforzo,

riconoscendo il ruolo fondamentale che la società civile può svolgere nella lotta all’intolleranza e alla discriminazione e nella promozione del rispetto e della comprensione reciproci,

allarmato per la comparsa di partiti politici, movimenti e gruppi di qualsiasi tipo che incitano alla violenza,

278 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

2. incarica il Consiglio permanente di esaminare, a partire dal 2007, le modalità per rafforzare ulteriormente l’efficacia, la coerenza e la continuità del lavoro dell’OSCE nell’ambito della lotta all’intolleranza e alla discriminazione e della promozione del rispetto e della comprensione reci- proci, nella prospettiva di giungere a un’attuazione più efficace degli impegni;

4. si impegna a sensibilizzare l’opinione pubblica sul valore della diversità culturale e religiosa quale fonte di reciproco arricchimento delle società e a riconoscere l’importanza dell’integra- zione nel rispetto della diversità culturale e religiosa quale elemento fondamentale per promuo- vere il rispetto e la comprensione;

5. invita gli Stati partecipanti ad affrontare le cause che sono alla base dell’intolleranza e della discriminazione, incoraggiando lo sviluppo di politiche e strategie globali a livello nazionale in materia di educazione nonché rafforzando le misure di sensibilizzazione dell’opinione pubblica che: • promuovano una maggiore comprensione e rispetto della diversità culturale, etnica, religiosa o di credo; • mirino a prevenire l’intolleranza e la discriminazione contro i cristiani, gli ebrei, i musulmani e i membri di altre religioni; • promuovano la memoria e l’insegnamento della tragedia dell’Olocausto, e di altri genocidi, rico- nosciuti come tali conformemente alla Convenzione del 1948 per la prevenzione e la punizione del crimine di genocidio, nonché dei crimini contro l’umanità;

6. riconosce l’importante contributo che i giovani possono apportare alla lotta all’intolleranza e alla discriminazione e incoraggia a proseguire e a sviluppare ulteriormente buone prassi in materia di educazione precoce ai diritti dell’uomo in tutta la regione dell’OSCE (…); (…)

12. decide che gli Stati partecipanti devono impegnarsi più attivamente per incoraggiare le atti- vità della società civile attraverso partenariati efficaci e un dialogo e una cooperazione raffor- 5 zati fra società civile e autorità statali in materia di promozione del rispetto e della comprensione reciproci, di uguaglianza di opportunità e di integrazione di tutti i cittadini nella società, non- ché di lotta all’intolleranza, anche attraverso la creazione di meccanismi di consultazione locali, regionali o nazionali, ove appropriato; (…)

279 5.3.5 Promozione della tolleranza, della comprensione e del rispetto, compresa la memoria

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

riconoscendo l’importanza del ruolo che i giovani possono svolgere nella promozione del rispetto e della comprensione reciproca fra culture e religioni, contribuendo alla promozione della demo- crazia, dei diritti umani e delle libertà fondamentali (…), (…)

consapevole della specificità delle diverse forme di intolleranza, pur riconoscendo al tempo stesso l’importanza di adottare un approccio globale e di affrontare questioni di natura trasversale in settori quali, tra l’altro, (…) l’istruzione (…) e i discorsi pubblici costruttivi, nonché la promozione del dialogo interculturale, al fine di contrastare in modo efficace ogni forma di discriminazione, (…)

3. incoraggia la promozione di programmi educativi negli Stati partecipanti, al fine di sensibiliz- zare i giovani ai valori del rispetto e della comprensione reciproca; (…)

5. (…) sottolinea (…) che si dovrebbero sfruttare appieno le opportunità offerte da Internet per promuovere la democrazia, i diritti dell’uomo e l’educazione alla tolleranza; (…)

8. incoraggia gli Stati partecipanti a condividere le migliori prassi adottate nell’ambito delle rispet- tive legislazioni, politiche e programmi, che contribuiscono a promuovere società inclusive basate sul rispetto della diversità culturale e religiosa, dei diritti umani e dei principi democratici; (…)

Atene 2009 Decisione N.9/09 sulla lotta ai crimini ispirati dall’odio)

Il Consiglio dei ministri, (…)

riconoscendo l’importante ruolo che i rappresentati politici possono svolgere assumendo la guida nella lotta all’intolleranza e alla discriminazione e promuovendo il rispetto e la comprensione reciproci, (…)

Basilea 2014 (Dichiarazione sul potenziamento degli sforzi per combattere l’antisemitismo)

Chiediamo agli Stati partecipanti di:

incoraggiare i dirigenti politici e le personalità pubbliche a pronunciarsi con forza e con sollecitu- dine in caso di episodi di antisemitismo; (…)

promuovere programmi educativi per combattere l’antisemitismo e fornire ai giovani opportunità di educazione ai diritti umani, anche in materia di antisemitismo;

280 5.3.6 Ruolo dei media

promuovere e facilitare un dialogo e partenariati aperti e trasparenti, interculturali, interconfes- sionali e interreligiosi; (…)

incoraggiare l’inclusione delle comunità religiose e di credenti in dibattiti pubblici su iniziative legislative pertinenti;

chiediamo all’ODIHR di:

facilitare la cooperazione tra funzionari governativi e la società civile su questioni relative all’an- tisemitismo, inclusi i crimini ispirati dall’odio e la memoria dell’Olocausto;

assistere gli Stati partecipanti nei loro sforzi intesi a raccogliere dati sui crimini ispirati dall’odio antisemitico, in cooperazione con la società civile, ove appropriato;

promuovere il dialogo e rafforzare la capacità della società civile di promuovere il rispetto e la com- prensione reciproci, al fine di sostenere la causa della cooperazione tra comunità diverse. (…)

5.3.6 Ruolo dei media

Istanbul 1999 (Dichiarazione del Vertice)

27. Ci impegniamo a garantire la libertà dei media quale condizione fondamentale per società plu- ralistiche e democratiche. Siamo profondamente preoccupati per lo sfruttamento dei media nelle zone di conflitto a scopo di fomentare l’odio e la tensione etnica nonché per il ricorso a restrizioni legali e vessazioni miranti a privare i cittadini di mezzi di informazione liberi. (…)

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo)

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

37. (…) Pur nel pieno rispetto della libertà di espressione, l’OSCE si adopererà per combattere i cri- mini che possono essere alimentati dalla propaganda razzista, xenofoba e antisemita in Internet.

281 5.3.6 Ruolo dei media

Sofia 2004 (Annesso alla Decisione N.12/04 sulla tolleranza e non-discriminazione; Decisione del Consiglio permanente n.621: Tolleranza e lotta contro il razzismo, la xenofobia e la discriminazione)

Il Consiglio permanente, (…)

al fine di rafforzare i nostri sforzi comuni volti alla lotta contro le manifestazioni di intolleranza nella regione dell’OSCE,

decide,

1. che gli Stati partecipanti si impegnano a: (…) • incoraggiare la promozione della tolleranza, del dialogo, del rispetto e della comprensione reci- proca tramite i mezzi d’informazione e Internet; (…)

Il Consiglio permanente, (…)

decide che:

1. gli Stati partecipanti dovranno intraprendere azioni al fine di assicurare che Internet rimanga un foro pubblico e aperto di libertà di opinione ed espressione, come contemplato nella Dichiarazione universale dei diritti dell’uomo, e di promuovere l’accesso a Internet sia nelle case che nelle scuole;

5. gli Stati partecipanti dovranno valutare l’efficacia delle leggi e di altre misure che regolamen- tano i contenuti di Internet, con particolare riguardo al loro effetto sul tasso di crimini motivati da razzismo, xenofobia e antisemitismo;

6. gli Stati partecipanti dovranno incoraggiare e sostenere analiticamente studi rigorosi sulla possi- bile relazione fra discorsi ispirati dal razzismo, dalla xenofobia e dall’antisemitismo in Internet e la commissione di crimini motivati da razzismo, xenofobia, antisemitismo o altri pregiudizi correlati;

282 5.3.6 Ruolo dei media

7. l’OSCE promuoverà scambi volti a individuare approcci efficaci per affrontare la questione della propaganda basata sul razzismo, la xenofobia e l’antisemitismo in Internet senza pregiudizio per la libertà di informazione ed espressione.

L’OSCE creerà opportunità, anche durante la Riunione di attuazione nel quadro della dimensione umana, volte a promuovere la condivisione di migliori prassi;

8. gli Stati partecipanti dovranno incoraggiare l’istituzione di programmi educativi per bambini e giovani relativi a manifestazioni di razzismo, xenofobia, antisemitismo o altri pregiudizi corre- lati in cui essi possono imbattersi in Internet. Gli Stati partecipanti e i gestori di servizi Internet dovranno inoltre, come appropriato, intraprendere iniziative per informare i genitori sull’ampia gamma di software-filtro disponibili che consentono loro di esercitare un maggiore controllo sull’u- tilizzo di Internet da parte dei loro figli. Materiali su validi programmi d’insegnamento e softwa- re-filtro dovranno essere distribuiti quale parte dello scambio di migliori prassi;

9. gli Stati partecipanti dovranno incoraggiare continui e ulteriori sforzi da parte delle ONG volti a monitorare Internet in merito a contenuti razzisti, xenofobi e antisemiti, nonché tutte le inizia- tive delle ONG intese a condividere e rendere pubblici i loro risultati.

Lubiana 2005 (Decisione N.10/05 sulla tolleranza e non discriminazione: promuovere il rispetto e la comprensione reciproca)

Il Consiglio dei ministri, (…)

5.4 considerare la possibilità di sviluppare, in stretta cooperazione con la società civile, misure concrete che non pregiudichino la libertà di informazione e di espressione, al fine di contrastare gli stereotipi xenofobi, l’intolleranza e la discriminazione nei mezzi di comunicazione e di inco- raggiare programmi che educhino i bambini e i giovani in merito ai pregiudizi e ai preconcetti cui possono imbattersi nei mass-media o in Internet; (…)

Bruxelles 2006 (Decisione N.13/06 sulla lotta all’intolleranza e alla discriminazione e promozione del rispetto e della comprensione reciproci) 5 Il Consiglio dei ministri, (…)

9. riconosce il ruolo essenziale che mezzi di informazione liberi e indipendenti possono svolgere nelle società democratiche e la forte influenza che essi possono esercitare nel contrastare o esacer- bare percezioni errate e pregiudizi, e in tal senso incoraggia i giornalisti ad adottare volontariamente standard professionali, codici di autoregolamentazione e altri meccanismi appropriati che garanti- scano maggiore professionalità, precisione e osservanza degli standard etici in ambito giornalistico; (…)

283 5.3.6 Ruolo dei media

Madrid 2007 (Decisione N.10/07 sulla tolleranza e non-discriminazione: promozione del rispetto e della comprensione reciproca)

Il Consiglio dei ministri, (…)

consapevole della specificità delle diverse forme di intolleranza, pur riconoscendo al tempo stesso l’importanza di adottare un approccio globale e di affrontare questioni di natura trasversale in settori quali, tra l’altro, (…) i mezzi d’informazione e i discorsi pubblici costruttivi (…), al fine di contrastare in modo efficace ogni forma di discriminazione, (…)

4. ribadisce di riconoscere il ruolo essenziale che mezzi di informazione liberi e indipendenti pos- sono svolgere nelle società democratiche e la forte influenza che essi possono esercitare nel contra- stare o esacerbare percezioni errate e pregiudizi, e in tale senso continua a incoraggiare i giornalisti ad adottare volontariamente standard professionali, codici di autoregolamentazione e altri mec- canismi appropriati che garantiscano maggiore professionalità, accuratezza e adesione a principi deontologici in ambito giornalistico;

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

19 (l) riconoscere il ruolo che i mezzi di informazione svolgono nel favorire il dibattito plurali- stico e incoraggiare la professionalità e l’autoregolamentazione volontaria dei mezzi di informa- zione, al fine di promuovere la tolleranza per la diversità etnica, religiosa, linguistica e culturale, e prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, rispettando l’indipendenza e la libertà dei mezzi di informazione;

284 6. Impegni relativi a minacce specifiche alla sicurezza umana 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

Si veda anche: II. 4.4: Rifugiati, sfollati, rimpatriati e apolidi II. 5.2: Parità di diritti tra uomini e donne II. 6.2: Prevenzione della tratta di esseri umani II. 7: Impegni relativi al Diritto internazionale umanitario

Mosca 1991

Gli Stati partecipanti

(40.7) cercheranno di eliminare tutte le forme di violenza contro la donna (…) e di sfruttamento della prostituzione femminile anche assicurando adeguati divieti legislativi contro tali atti e altre misure appropriate;

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

24. Adotteremo misure per (…) porre fine alle violenze perpetrate contro le donne (…) nonché allo sfruttamento sessuale (…). Al fine di prevenire detti crimini, promuoveremo, fra l’altro, l’a- dozione o il rafforzamento di leggi che prevedano di processare le persone colpevoli di tali azioni, migliorando altresì la tutela delle vittime.

Bucarest 2001 (Decisione N.8/01)

Il Consiglio dei Ministri, (…)

convinto della potenzialità delle donne di contribuire ai processi di prevenzione dei conflitti, ricon- ciliazione e creazione della pace,

confermando l’impegno di tutelare e promuovere i diritti delle donne e consapevoli della vulne- rabilità delle donne specialmente nei conflitti e nelle situazioni postconflittuali,

deciso a combattere tutte le forme di violenza contro le donne, inclusa la violenza domestica, rico- noscendo la necessità di centri di recupero per le donne vittime della violenza, (…)

invita ad attuare il Piano d’azione sulle questioni attinenti alle pari opportunità;

Sofia 2004 (Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi) • intraprendere ulteriori iniziative, ove necessario, al fine di garantire un ambiente sicuro per i pro- pri cittadini e il diritto alla pari tutela in base alla legge, in particolare incrementando le attività volte a eliminare ogni forma di violenza nei confronti delle donne (…) • sostenere gli sforzi nazionali ed internazionali volti a consegnare alla giustizia coloro che hanno perpetrato reati contro le donne, riconosciuti dalle norme applicabili del diritto internazionale come crimini di guerra o crimini contro l’umanità, e assicurare che la legislazione nazionale

286 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

vigente sulla violenza nei confronti delle donne sia applicata e che, ove necessario, siano elabo- rate nuove leggi; • come raccomandato nelle Linee guida sulla tutela internazionale in materia di persecuzione su base sessuale, nel contesto dell’Articolo 1A (2) della Convenzione relativa allo status dei rifu- giati del 1951 e/o del suo Protocollo relativo allo status dei rifugiati del 1967, introdurre prassi procedurali, qualora gli Stati non l’abbiano ancora fatto, che garantiscano alle donne richiedenti adeguata considerazione nelle procedure per la determinazione dello status di rifugiato e che sia accordato debito riconoscimento alle richieste avanzate per persecuzioni su base sessuale; (…)

Lubiana 2005 (Decisione N.15/05 sulla prevenzione e la lotta alla violenza contro le donne)

Il Consiglio dei ministri,

riconoscendo che il rispetto dei diritti umani e delle libertà fondamentali, della democrazia e dello stato di diritto è al centro del concetto globale di sicurezza dell’OSCE, (…)

riaffermando che gli Stati hanno l’obbligo di adoperarsi con il dovuto impegno per prevenire atti di violenza contro le donne e le giovani, compiere indagini in merito a tali atti e punire i respon- sabili, nonché di offrire protezione alle vittime, e ribadendo che il mancato assolvimento di tale obbligo viola, ostacola o annulla il godimento dei diritti umani e delle libertà fondamentali, (…)

profondamente preoccupato per il fatto che le giovani ed alcune categorie di donne sono partico- larmente vulnerabili ed esposte alla violenza e quindi bisognose di tutela, in particolare le donne appartenenti a gruppi minoritari e a popolazioni indigene, le donne rifugiate o sfollate, le migranti, le donne appartenenti a comunità rurali o remote, o in condizioni di indigenza, le donne che dimo- rano in istituti o sono in stato di detenzione, le donne disabili, anziane, vedove, le donne in situa- zioni di conflitto armato e quelle che sono comunque oggetto di discriminazione, anche a motivo della loro sieropositività all’HIV, (…)

esprimendo profonda preoccupazione per il persistente livello di violenza contro le donne e le gio- vani nella regione dell’OSCE, nonché per i costi umani e politici di tale fenomeno, e riconoscendo che la violenza contro le donne costituisce una minaccia per la sicurezza umana,

1. sollecita gli Stati partecipanti, avvalendosi del supporto e dell’assistenza dell’OSCE, ad adot- tare tutte le necessarie misure legislative, politiche e programmatiche di monitoraggio e valuta- zione al fine di promuovere e tutelare il pieno godimento dei diritti umani da parte delle donne e di prevenire e combattere tutte le forme di violenza su base sessuale nei confronti delle donne e delle giovani;

2. esorta gli Stati partecipanti a ottemperare alla Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti della donna e alla Convenzione sui diritti del bambino, qualora le abbiano già sottoscritte o, in caso contrario, a considerare di ratificarle o aderirvi; invita, inol- 6 tre, gli Stati che hanno ratificato o aderito a tali Convenzioni a ritirare le riserve contrarie all’og- getto e allo scopo delle Convenzioni stesse;

287 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

3. invita vivamente gli Stati partecipanti a prendere in considerazione di firmare, ratificare o ade- rire al Protocollo delle Nazioni Unite per prevenire, reprimere e punire la tratta di esseri umani, in particolare donne e bambini, aggiuntivo alla Convenzione delle Nazioni Unite contro la crimi- nalità organizzata transnazionale, al Protocollo opzionale alla Convenzione dei diritti del bam- bino sulla vendita di bambini, la prostituzione e la pornografia infantile e, ove appropriato, alla Convenzione del Consiglio d’Europa sulla lotta alla tratta di esseri umani;

4. rileva con rammarico che le donne vittime di violenza rimangono spesso prive di tutela ed assi- stenza e sollecita gli Stati partecipanti a: (i) assicurare che le donne vittime di violenza possano avvalersi di pieno, pari e tempestivo accesso alla giustizia e all’opportunità di ottenere adeguate riparazioni, all’assistenza medica e sociale, inclusa l’assistenza di pronto soccorso, a riservati servizi di consulenza, nonché a strutture di acco- glienza; (ii) adottare e attuare leggi che puniscano la violenza su base sessuale e stabiliscano adeguate tutele legali; (iii) fornire tempestivamente protezione fisica e psicologica alle vittime, che preveda anche appro- priate misure di protezione dei testimoni; (iv) compiere indagini sugli atti di violenza e portare a giudizio i responsabili, pur tenendo conto della necessità di garantire loro un trattamento adeguato; (v) promuovere la piena partecipazione delle donne nelle istituzioni giudiziarie, nella magistra- tura e nelle forze di polizia e assicurare che tutti i funzionari pubblici interessati abbiano una for- mazione e una consapevolezza adeguate a riconoscere, documentare e trattare i casi di violenza contro le donne e i minori; (vi) rispondere alle esigenze specifiche di tutela e assistenza delle giovani che hanno subito violenza;

5. rileva che la violenza contro le donne non viene sempre segnalata e registrata e non trova per- tanto adeguato riscontro nelle statistiche, incoraggia pertanto gli Stati partecipanti ad appoggiare iniziative di sensibilizzazione, a compiere ulteriori significativi sforzi al fine di raccogliere, analiz- zare e diffondere dati comparabili e a sostenere le ONG e le ricerche specializzate in tale campo;

6. invita gli Stati partecipanti ad adottare misure atte a rafforzare l’indipendenza economica delle donne, assicurando tra l’altro politiche e prassi occupazionali non discriminatorie, l’accesso pari- tario all’istruzione e alla formazione, pari retribuzione per pari lavoro, maggiori opportunità di lavoro e di istruzione, nonché pari accesso alle risorse economiche e al loro controllo, al fine di ridurre la vulnerabilità delle donne a ogni forma di violenza, inclusa la violenza domestica e la tratta di esseri umani;

7. sollecita gli Stati partecipanti ad adottare tutte le iniziative necessarie per prevenire la violenza su base sessuale contro le donne e le giovani durante e dopo i conflitti armati e le emergenze, com- prese azioni volte a portare in giudizio gli autori di crimini, e ad adottare misure straordinarie per far fronte alle esigenze delle donne e delle giovani nei contesti post-conflittuali;

8. prende atto dell’inclusione dei crimini su base sessuale nello statuto di Roma del Tribunale penale internazionale e negli Elementi costitutivi dei crimini, adottati dall’Assemblea degli Stati Parte dello Statuto di Roma nel settembre 2002, nonché della definizione delle circostanze in base alle quali tali reati possono essere considerati crimini contro l’umanità e/o crimini di guerra;

9. incoraggia la diffusione della pertinente giurisprudenza dei Tribunali penali internazionali ad hoc per l’ex Jugoslavia e per il Ruanda e la piena cooperazione con tali giurisdizioni;

288 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

10. decide di intensificare la cooperazione dell’OSCE con le pertinenti strutture delle Nazioni Unite, del Consiglio d’Europa, dell’Unione europea e di altre organizzazioni internazionali, non- ché con la società civile e con le pertinenti organizzazioni non governative, al fine di promuovere la prevenzione e la lotta contro tutte le forme di violenza nei confronti delle donne e delle giovani;

11. incarica il Consiglio permanente di incoraggiare l’elaborazione da parte delle pertinenti isti- tuzioni e strutture dell’OSCE di programmi, progetti e politiche atti ad assistere gli Stati parteci- panti, su richiesta di questi ultimi, nella lotta alla violenza contro le donne e le giovani e a fornire assistenza alle vittime;

12. chiede al Segretario generale di dedicare particolare attenzione alla presentazione di rendiconti sull’attuazione della presente decisione nell’elaborazione del suo Rapporto annuale al Consiglio permanente sul Piano d’azione 2004 per la promozione della parità fra i sessi.

Basilea 2014 (Decisione N.7/14 sulla prevenzione e la lotta alla violenza contro le donne)

Il Consiglio dei ministri,

ribadendo l’impegno a rispettare i diritti dell’uomo e le libertà fondamentali per tutti, senza distin- zione di razza, sesso, lingua o religione, (…)

ricordando che l’esercizio pieno e paritario da parte delle donne dei propri diritti umani è ele- mento essenziale per realizzare un’area OSCE più pacifica, prospera e democratica e che gli Stati partecipanti sono impegnati a adoperarsi affinché la parità tra uomo e donna divenga parte inte- grante delle loro politiche, (…)

invita gli Stati partecipanti a adottare le seguenti misure relative alla lotta e alla prevenzione della violenza contro le donne in ambiti come lo sviluppo di quadri giuridici e partenariati, l’adozione di provvedimenti per prevenire e reprimere la violenza contro le donne, nonché la protezione delle vittime;

invita gli Stati partecipanti ad assicurare per tutte le donne protezione e pieno rispetto dei diritti umani e libertà fondamentali;

condanna fermamente tutte le forme di violenza contro le donne ed esorta gli Stati partecipanti ad astenersi dal giustificarle, conformemente alla Dichiarazione sull’eliminazione della violenza contro le donne; 6

289 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

(A) Quadro giuridico

1. Invita gli Stati partecipanti a:

richiedere, ove appropriato opportuno, opinioni dell’ODIHR sui quadri giuridici e politici di pre- venzione e lotta alla violenza contro le donne, ivi inclusa la violenza domestica;

raccogliere, mantenere e rendere pubblici dati e statistiche attendibili, comparabili, disaggregati, onnicomprensivi e comprovati su tutte le forme di violenza contro le donne, inclusa la violenza ses- suale e domestica, e al contempo garantire l’osservanza delle loro norme sulla protezione dei dati, così come includere informazioni sul numero di casi segnalati alle forze dell’ordine, sul numero di indagini, procedimenti e sentenze inflitte;

adeguare la legislazione nazionale agli standard internazionali pertinenti da loro adottati, nel caso in cui non l’abbiano ancora fatto, e agli impegni OSCE riguardo ogni forma di violenza contro le donne, nonché considerare le migliori prassi nell’adozione delle pertinenti misure legislative;

prendere in considerazione la firma e la ratifica di pertinenti strumenti regionali e internazio- nali, come la Convenzione del Consiglio d’Europa sulla prevenzione e la lotta alla violenza contro le donne e alla violenza domestica, ove applicabile.

2. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di: promuovere lo scambio di migliori prassi riguardo la legislazione relativa alla lotta a tutte le forme di violenza contro le donne.

(B) Prevenzione

3. Incoraggia gli Stati partecipanti a:

rafforzare gli sforzi volti a raggiungere il pubblico attraverso campagne di informazione e sensi- bilizzazione, al fine di affrontare i negativi stereotipi, comportamenti e pregiudizi che contribui- scono a tutte le forme di violenza contro le donne;

adottare misure appropriate per accrescere il coinvolgimento e la partecipazione di uomini e ragazzi alla prevenzione e all’eliminazione di tutte le forme di violenza contro le donne, ivi inclusa la vio- lenza sessuale e domestica;

adottare misure di sensibilizzazione in merito al circolo vizioso della violenza che può emanare dalla violenza fisica, sessuale e psicologica subita in età infantile o adolescenziale;

sviluppare programmi indirizzati agli autori di violenze contro le donne durante e dopo la loro condanna, al fine di evitare casi di recidività;

fornire terapie, assistenza, corsi di formazione e altre misure al fine di prevenire ulteriori vittimiz- zazioni e traumi, anche nel corso dei procedimenti giudiziari.

4. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:

migliorare la cooperazione con i pertinenti attori delle organizzazioni internazionali e regionali negli sforzi per raccogliere dati e statistiche disaggregati sui sessi in merito al verificarsi di ogni forma di violenza contro le donne nell’area dell’OSCE;

290 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

assistere gli Stati partecipanti, su loro richiesta, nei loro sforzi volti a promuovere approcci com- prensivi, efficaci e comprovati per combattere tutte le forme di violenza contro le donne, incluse la violenza sessuale e domestica, e rispondere meglio ai bisogni delle vittime.

5. Incoraggia gli Stati partecipanti a:

assicurare che le vittime di tutte le forme di violenza contro le donne ricevano informazioni tem- pestive e adeguate sulle misure legali e i servizi di sostegno disponibili, come centri di crisi per le violenze sessuali, centri di accoglienza o altre strutture pertinenti, così come assistenza sanita- ria, e garantire che essi siano facilmente accessibili;

promuovere programmi e attività che conferiscano poteri e forniscano sostegno alle donne vit- time di violenza.

6. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:

assistere gli Stati partecipanti, su loro richiesta, per rafforzare le loro capacità di protezione delle vittime di tutte le forme di violenza contro le donne;

facilitare lo scambio fra gli Stati partecipanti di informazioni, esperienze e migliori prassi rela- tive alla protezione;

fornire assistenza tecnica agli Stati partecipanti che la richiedano, attraverso l’organizzazione di ser- vizi di sostegno, quali linee telefoniche di emergenza, centri di crisi etc.;

offrire agli Stati partecipanti corsi di formazione specializzata per pertinenti professionisti degli Stati partecipanti interessati che si occupano delle vittime o degli autori di qualsiasi forma di vio- lenza contro le donne, inclusa la violenza sessuale e domestica.

(D) Procedimenti giudiziari

7. Incoraggia gli Stati partecipanti a:

rafforzare gli sforzi volti a indagare, perseguire e punire gli autori di tutte le forme di violenza con- tro le donne e fornire alle vittime protezione e rimedi appropriati;

garantire lo sviluppo e l’attuazione efficace di legislazioni che perseguano penalmente la violenza contro le donne e che prevedano misure preventive e protettive, quali ordini di allontanamento e ordini di protezione di emergenza, laddove questi esistano, così come indagini, processi e pene appropriate per i colpevoli, anche al fine di porre fine all’impunità.

(E) Partenariati

8. Incoraggia gli Stati partecipanti a: 6 sviluppare politiche nazionali globali e coordinate volte a combattere tutte le forme di violenza ses- suale contro le donne, che includano tutte le parti interessate, quali ad esempio le forze dell’ordine

291 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

e il settore giudiziario, i parlamenti, le istituzioni nazionali per i diritti umani, servizi sanitari e sociali così come organizzazioni della società civile.

9. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:

migliorare la cooperazione con i pertinenti attori delle organizzazioni internazionali e regionali,

Milano 2018 (Decisione N.4/18 sulla prevenzione e la lotta alla violenza contro le donne)

Il Consiglio dei ministri,

determinato ad assicurare pieno e paritario godimento dei diritti umani e delle libertà fondamen- tali da parte delle donne e delle ragazze,

riaffermando tutti gli impegni OSCE in materia, (…), sulla prevenzione e lotta alla violenza con- tro le donne, (…)

consapevole dell’importanza di prevenire e combattere la violenza contro le donne e le ragazze per l’attuazione dei corrispondenti Obiettivi di sviluppo sostenibile dell’Agenda 2030 delle Nazioni Unite per lo sviluppo sostenibile,

riconoscendo che la disuguaglianza tra uomini e donne è una delle cause scatenanti della violenza contro le donne e le ragazze e che, in particolare, la discriminazione e le disuguaglianze economiche, inclusa la mancanza di indipendenza economica, possono acuire la vulnerabilità delle donne alla violenza, profondamente preoccupato del persistere della violenza contro le donne e le ragazze in tutte le sue forme come uno degli ostacoli più pervasivi al pieno godimento di tutti i diritti umani e alla piena, paritaria ed effettiva partecipazione delle donne alla vita politica, economica e pubblica,

constatando che la violenza contro le donne e le ragazze può essere causa di morte o danni fisici, sessuali, psicologici, economici, politici e sociali o sofferenze per le ragazze e le donne di tutte le età e comporta direttamente o indirettamente costi sociali, politici ed economici a breve e lungo termine,

constatando inoltre che la violenza contro le donne e le ragazze assume diverse forme che possono includere la violenza domestica, la violenza sessuale, pratiche nocive, tratta di esseri umani, sfrut- tamento sessuale e di altro tipo nonché molestie sessuali,

riconoscendo che le donne e le ragazze possono subire molteplici e diversi tipi di discriminazione, a volte in combinazione, che le espone a un maggiore rischio di violenza e che tali combinazioni possono portare a ulteriori discriminazioni,

riconoscendo altresì l’importante ruolo svolto dalle forze armate, dalle forze dell’ordine, dalle autorità giudiziarie e da altri professionisti del diritto nell’affrontare tutte le forme di violenza contro le donne e le ragazze,

292 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

riconoscendo inoltre che gli abusi, le minacce e le molestie, incluse le molestie sessuali, sono diven- tati sempre più comuni, specialmente attraverso l’uso delle tecnologie digitali, e possono mettere a tacere la voce delle donne e delle ragazze nella sfera pubblica,

consapevole del fatto che le donne impegnate in attività professionali con esposizione pubblica e/o nell’interesse della società, hanno maggiori probabilità di essere esposte a specifiche forme di violenza o abuso, minacce e molestie, in relazione al loro lavoro,

Considerando che l’adolescenza è una fase importante nello sviluppo sociale di una persona e rico- noscendo che questa fase è condizionata spesso dal persistere di disuguaglianze, atteggiamenti negativi, comportamenti e stereotipi di genere che possono esporre le ragazze e le giovani donne a un più alto rischio di discriminazione e violenza,

riconoscendo l’importanza di coinvolgere attivamente uomini e ragazzi negli sforzi volti ad elimi- nare la discriminazione e tutte le forme di violenza contro le donne e le ragazze, anche affrontando le cause profonde della disuguaglianza di genere e della violenza e sensibilizzando l’opinione pub- blica sull’impatto degli atteggiamenti negativi, dei comportamenti e degli stereotipi di genere che possono sottendere e perpetuare la discriminazione e la violenza,

constatando gli sforzi della Rete* OSCE MenEngage per sensibilizzare l’opinione pubblica sull’im- portante ruolo che gli uomini e i ragazzi possono svolgere nell’eliminazione della discriminazione e di tutte le forme di violenza contro le donne e le ragazze,

riconoscendo che le molestie sessuali nei luoghi pubblici e privati, in particolare sul luogo di lavoro e nelle istituzioni educative, hanno un impatto negativo sul pieno godimento dei diritti umani e delle pari opportunità da parte delle donne e delle ragazze, pregiudicando in tal modo la loro possibilità e capacità di rimanere e/o avanzare nel posto di lavoro e nelle istituzioni educative,

riconoscendo il ruolo della società civile quale partner importante del governo, anche a livello locale, nella prevenzione e nella lotta alla violenza contro le donne e le ragazze,

prendendo atto del lavoro dell’Assemblea parlamentare dell’OSCE volto a combattere la violenza contro le donne, invita gli Stati partecipanti a:

1. garantire accesso alla giustizia, indagini efficaci, il perseguimento dei responsabili, nonché assi- curare, nel rispetto dei loro diritti e della loro privacy, adeguata protezione, recupero e sostegno alla reintegrazione delle vittime di tutte le forme di violenza contro le donne e le ragazze;

2. adottare provvedimenti, anche attraverso la sensibilizzazione e il rafforzamento delle capa- cità delle forze armate, delle forze dell’ordine, delle autorità giudiziarie e di altri professionisti del diritto, destinati a prevenire e combattere tutte le forme di violenza contro le donne e le ragazze;

* La Rete OSCE MenEngage non è una rete affiliata all’Alleanza MenEngage. La Rete OSCE MenEngage è una rete chiusa interna all’OSCE.

293 6.1 Prevenzione delle persecuzioni, delle violenze e dello sfruttamento fondati sul genere

4. organizzare campagne di sensibilizzazione sui rischi relativi a specifiche forme di violenza alle quali sono esposte le donne e le ragazze, anche attraverso l’uso delle tecnologie digitali, nonché sui loro diritti e sul sostegno a disposizione delle vittime di tali violenze;

5. adottare provvedimenti destinati ad affrontare la violenza, gli abusi, le minacce e le molestie, perpetrati anche attraverso l’uso delle tecnologie digitali, nei confronti delle donne;

6. adottare misure, in consultazione con le imprese che operano nel settore delle tecnologie dell’in- formazione e della comunicazione (TIC), destinate ad affrontare forme specifiche di violenza alle quali sono esposte le donne e le ragazze attraverso l’uso delle tecnologie digitali;

7. incoraggiare tutte le parti interessate, comprese quelle coinvolte nel processo politico, a contribuire a prevenire e combattere tutte le forme di violenza contro le donne, comprese quelle impegnate in

attività professionali con esposizione pubblica e/o nell’interesse della società, tra le altre cose, solle- vando la questione nei dibattiti pubblici e elaborando iniziative di sensibilizzazione e altre misure appropriate, tenendo conto anche dell’impatto tremendo di tale violenza sulle giovani donne;

8. integrare iniziative nelle pertinenti politiche e strategie nazionali volte a promuovere il coin- volgimento degli uomini e dei ragazzi nella prevenzione e nella lotta alla violenza contro le donne e le ragazze, anche attuando attività di sensibilizzazione incentrate sul ruolo positivo, equilibrato e non violento che gli uomini e i ragazzi possono svolgere al riguardo e riconoscendo e affrontando gli atteggiamenti negativi, i comportamenti e gli stereotipi di genere che perpetuano tale violenza;

9. adottare misure per combattere le molestie sessuali nei luoghi pubblici e privati, anche sul posto di lavoro e nelle istituzioni educative, e incoraggiare i datori di lavoro pubblici e privati ad appli- care tali misure;

10. adottare misure destinate a garantire a tutte le ragazze parità di accesso a un’istruzione di qua- lità e a rafforzare l’emancipazione economica e l’indipendenza economica delle donne, anche garantendo politiche e pratiche occupazionali non discriminatorie, garantendo parità di accesso all’istruzione e alla formazione, parità di retribuzione per pari lavoro e parità di accesso alle risorse economiche e di controllo sulle stesse;

11. incoraggiare il coinvolgimento della società civile nella prevenzione e nella lotta alla violenza contro le donne e le ragazze;

incarica le pertinenti strutture esecutive dell’OSCE, conformemente al loro mandato, di:

12. assistere gli Stati partecipanti, su loro richiesta, nel migliorare il loro quadro giuridico e le loro politiche e nell’attuare misure volte a prevenire e combattere ogni forma di violenza contro le donne e le ragazze;

13. proseguire la cooperazione con pertinenti organizzazioni internazionali e regionali al fine di raccogliere dati e statistiche disaggregati per sesso sul verificarsi di tutte le forme di violenza contro le donne e le ragazze nell’area dell’OSCE;

14. fornire sostegno agli Stati partecipanti e alle organizzazioni della società civile ai fini di uno scambio di buone pratiche nella prevenzione e nella lotta contro tutte le forme di violenza contro le donne e le ragazze, anche attraverso il coinvolgimento di uomini e ragazzi;

294 6.2 Prevenzione della tratta di esseri umani

15. sostenere gli Stati partecipanti, su loro richiesta, nell’elaborazione e nel riesame della legisla- zione, delle politiche e delle misure per combattere le molestie sessuali nei luoghi pubblici e pri- vati, compresi i luoghi di lavoro e le istituzioni educative;

16. continuare ad assicurare la piena attuazione del Codice di condotta dell’OSCE e a valutare la necessità di rafforzare e/o potenziare la formazione in materia, per i membri del personale/delle missioni dell’OSCE e delle politiche dell’OSCE volte a creare un ambiente di lavoro professionale, sottolineando un approccio di tolleranza zero nei confronti delle molestie sessuali, anche attra- verso iniziative da parte dei quadri dirigenziali.

17. Incoraggia gli Stati partecipanti e le pertinenti strutture esecutive dell’OSCE a considerare l’op- portunità di intraprendere attività congiuntamente con l’Assemblea parlamentare dell’OSCE e il suo Rappresentante speciale per le questioni di genere.

Tirana 2020, (Decisione N.7/20 sulla prevenzione ed eliminazione della tortura e di altre pene o trattamenti crudeli, inumani o degradanti) (…)

6.2 Prevenzione della tratta di esseri umani

Si veda anche: Parte I. 2.3.4 D: Segretariato, Rappresentante speciale per la lotta alla tratta di esseri umani

6.2.1 Disposizioni generali inerenti la prevenzione

Mosca 1991

(40) Gli Stati partecipanti (…)

(40.7) cercheranno di eliminare tutte (…) le forme di tratta delle donne e di sfruttamento della pro- stituzione femminile anche assicurando adeguati divieti legislativi contro tali atti e altre misure appropriate;

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

24. Adotteremo misure per (…) porre fine (…) allo sfruttamento sessuale e a tutte le forme di traf- 6 fico di esseri umani. Al fine di prevenire detti crimini, promuoveremo, fra l’altro, l’adozione o il rafforzamento di leggi che prevedano di processare le persone colpevoli di tali azioni, migliorando altresì la tutela delle vittime.

295 6.2.1 Disposizioni generali inerenti la prevenzione

Vienna 2000 (Decisione sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani)

Il Consiglio dei ministri, (…)

riconoscendo che il traffico di esseri umani rappresenta un problema di crescente gravità e convinti della necessità che l’OSCE intensifichi i propri sforzi per combattere il traffico di esseri umani in tutta la sua regione, anche in situazioni di conflitto e postconflittuali, e contribuisca alle inizia- tive intraprese a livello nazionale, regionale e internazionale contro tale traffico in difesa dei diritti dell’uomo e nella lotta contro il crimine transnazionale organizzato,

1. riafferma che il traffico di esseri umani rappresenta una violazione vergognosa dei diritti dell’uomo e un grave crimine che richiede una risposta più completa e coordinata degli Stati partecipanti e della comunità internazionale, nonché un approccio più coerente e cooperativo fra i paesi, in particolare quelli di origine, transito e destinazione di tale traffico;

2. accoglie con favore l’adozione, da parte dell’Assemblea Generale delle Nazioni Unite, del Pro- tocollo sulla prevenzione, repressione e punizione del traffico di persone, particolarmente donne e bambini, a integrazione della Convenzione delle Nazioni Unite contro il crimine transnazionale organizzato nonché la definizione del traffico di persone ivi contenuta e invita tutti gli Stati par- tecipanti a firmare e a ratificare il Protocollo delle Nazioni Unite e il Protocollo Opzionale della Convenzione sui diritti del bambino, sulla vendita di bambini, sulla prostituzione e la pornogra- fia infantile;

3. riconosce la primaria responsabilità degli Stati partecipanti nella lotta contro il traffico in base ad un approccio integrato e coordinato che comprende la prevenzione del traffico, la tutela delle vittime e il rinvio a giudizio dei trafficanti e dei loro complici;

4. sottolinea il ruolo svolto dai parlamenti nazionali nella promulgazione, fra l’altro, delle leggi necessarie a combattere il traffico di esseri umani e accoglie con favore gli articoli 106 e 107 della Dichiarazione sul traffico di persone emanata dall’Assemblea Parlamentare di Bucarest;

5. concorda di intensificare le attività dell’OSCE per combattere il traffico e sottolinea la necessità di intensificare la cooperazione tra le diverse istituzioni OSCE nonché tra l’OSCE e altre organiz- zazioni internazionali, quali le competenti agenzie delle Nazioni Unite, l’Organizzazione Interna- zionale per le Migrazioni, il Consiglio d’Europa, l’Unione Europea e l’Interpol;

6. appoggia il lavoro della Forza operativa del Patto di Stabilità sul traffico di esseri umani ed esorta in particolare i governi della regione interessata a svolgere un ruolo attivo nel quadro di tale Forza operativa; (…)

8. si impegna ad accrescere la consapevolezza su tutti gli aspetti del traffico illecito, anche con l’as- sistenza dell’ODIHR, di organizzazioni non governative e di altre istituzioni competenti, mediante, ove necessario, l’elaborazione di programmi di formazione per i funzionari pubblici, inclusi le forze dell’ordine, la magistratura, i funzionari consolari e gli addetti all’immigrazione;

296 6.2.1 Disposizioni generali inerenti la prevenzione

disposizioni per la tutela dei diritti umani delle vittime, assicurando che queste ultime non deb- bano essere perseguite per il semplice fatto di essere state oggetto di traffico;

11. incoraggia la nomina, se del caso, di rappresentanti governativi addetti ai problemi del traffico per coordinare le attività nazionali e per assicurare la cooperazione regionale e internazionale per rendere disponibili agli altri Stati partecipanti le informazioni risultanti da tali punti di contatto; (…)

Bucarest 2001 (Decisione N.6/01)

Il Consiglio dei Ministri,

ribadendo il suo impegno a combattere tutte le forme di traffico di esseri umani, che colpisce tutti gli Stati partecipanti,

affermando il suo impegno a sviluppare la cooperazione e l’interazione fra gli Stati partecipanti sulle misure per la lotta a tale traffico e ai crimini connessi,

invita gli Stati partecipanti a firmare e ratificare la Convenzione delle Nazioni Unite contro la Cri- minalità organizzata transnazionale e il relativo Protocollo per la prevenzione, la soppressione e la punizione del traffico di persone, in particolare di donne e bambini; (…)

incoraggia lo scambio di informazioni al fine di potenziare le capacità investigative, l’applicazione della legge e la prevenzione della criminalità;

invita gli Stati partecipanti ad accelerare l’adozione delle misure necessarie a ottemperare agli impegni del Consiglio dei Ministri di Vienna che includono la prevenzione del traffico di esseri umani, la protezione delle vittime e i procedimenti giudiziari contro i trafficanti e i loro complici.

Porto 2002 (Dichiarazione sul traffico di esseri umani)

Noi, i membri del Consiglio dei Ministri dell’OSCE, dichiariamo che il traffico di esseri umani rappresenta una minaccia pericolosa per la sicurezza nell’area OSCE ed oltre.

Dichiariamo che il traffico di esseri umani ed altre forme moderne di schiavitù costituiscono un’or- renda violazione della dignità e dei diritti dell’uomo.

Riconosciamo che il traffico di esseri umani rappresenta un settore della criminalità organiz- zata transnazionale grave e in rapida espansione, che genera enormi introiti per reti criminali che possono anche essere collegate ad attività illecite, quali il traffico di stupefacenti e di armi, non- ché di migranti.

Ricordiamo e reiteriamo il nostro pieno rispetto degli impegni dell’OSCE per la lotta al traffico 6 di esseri umani (…) e dichiariamo la nostra ferma volontà di rafforzare la cooperazione nella lotta al traffico di esseri umani nei paesi di origine, di transito e di destinazione.

297 6.2.1 Disposizioni generali inerenti la prevenzione

Dichiariamo che la ratifica e la piena attuazione di tali strumenti [Convenzione ONU contro la criminalità organizzata transnazionale e il suo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di esseri umani, in particolare di donne e bambini] rafforzerebbe il quadro giu- ridico internazionale e nazionale e le capacità di applicazione della legislazione per la lotta al traf- fico di esseri umani. Incoraggiamo vivamente gli Stati a valutare la ratifica e la piena attuazione contestuali del Protocollo contro il traffico di migranti per via terrestre, aerea e marittima, che integra altresì la suddetta Convenzione. (…)

Riconosciamo la necessità di affrontare le cause profonde del traffico e di ridurre le disparità e gli svantaggi economici e sociali, che spingono alla migrazione clandestina e che possono essere sfrut- tate dalle reti della criminalità organizzata a proprio vantaggio.

Riconosciamo inoltre l’esigenza di lottare contro la corruzione, che facilita il funzionamento di tali reti. (…)

Riconosciamo che, nei paesi di destinazione, la richiesta di attività svolte dalle persone oggetto di traffico a fini di sfruttamento sessuale, lavoro forzato, schiavitù ed altre pratiche assimilabili alla schiavitù costituisce un fattore integrante del traffico di esseri umani. Esortiamo i paesi di desti- nazione ad adottare misure volte a far fronte efficacemente a tale richiesta quale elemento chiave della loro strategia di prevenzione e lotta efficace al traffico di esseri umani, e di applicare tolle- ranza zero nei confronti dello sfruttamento sessuale, della schiavitù e di tutte le forme di sfrutta- mento del lavoro forzato, qualunque sia la sua natura.

Esprimiamo profonda preoccupazione circa le informazioni concernenti il coinvolgimento di alcuni membri delle missioni di organizzazioni internazionali in attività connesse al traffico di esseri umani, in particolare in paesi in situazione post-conflittuale. Reiteriamo l’importanza della Deci- sione N.426 del Consiglio Permanente del 12 luglio 2001 sul traffico di esseri umani ed inco- raggiamo l’adozione e l’attuazione delle relative misure, quali il “Codice di Condotta OSCE per i membri delle missioni”. Non tollereremo che i membri del personale internazionale siano coin- volti in attività illecite di alcun tipo, che alimentino tale commercio illecito o che contravvengano a tale Codice di Condotta. Ci impegniamo ad adottare tutte le misure attuabili al fine di garantire che i membri del personale internazionale rispondano di tali attività di fronte alle autorità nazio- nali e, ove opportuno, locali.

Esprimiamo la nostra preoccupazione circa l’aumento del traffico di minori e, riconoscendo le esi- genze particolari dei bambini, diamo il nostro sostegno ad una maggiore ricerca e scambio di infor- mazioni sul traffico di minori e, considerando gli interessi dei minori prioritari in tutte le iniziative che li riguardano, richiediamo l’elaborazione di misure speciali che impediscano l’ulteriore sfrut- tamento dei minori oggetto di traffico e che ne tutelino il benessere psico-fisico.

Ci adopereremo al fine di adottare misure adeguate per la prevenzione del traffico di esseri umani nei nostri paesi, anche attraverso campagne mirate di sensibilizzazione e di istruzione nei paesi di origine e di transito, rivolte in particolar modo ai giovani e ad altri gruppi a rischio, e cerche- remo di elaborare campagne adeguate nei paesi di destinazione, di organizzare corsi di formazione per i funzionari e i dipendenti statali competenti nei settori preposti all’applicazione della legge, al controllo delle frontiere, alla giustizia penale e ai servizi sociali, e di raccomandare la piena col- laborazione con le ONG in tale settore. (…)

Reiteriamo la necessità di strategie nazionali al fine di convogliare le iniziative per la lotta al traf- fico di esseri umani e di intensificare il coordinamento tra organizzazioni nazionali, internazionali

298 6.2.1 Disposizioni generali inerenti la prevenzione

e regionali in questo campo. E’ possibile rispondere a tale necessità attraverso misure quali la nomina di organi interministeriali e coordinatori nazionali o, ove opportuno, di altri organi o meccani- smi competenti.

III.

Conveniamo di intensificare la cooperazione, fondata su un approccio multidimensionale, tra le strutture e le istituzioni OSCE competenti, nonché tra l’OSCE e altre organizzazioni ed attori internazionali competenti, incluse le Nazioni Unite e le sue agenzie specializzate, il Consiglio d’Eu- ropa, l’Unione Europea e l’Organizzazione internazionale per le migrazioni, di incaricare il Consi- glio Permanente di esaminare modalità migliori per garantire tale cooperazione, al fine di lottare contro il traffico di esseri umani. (…)

Maastricht 2003 (Decisione N.2/03 sulla lotta alla tratta di esseri umani)

Il Consiglio dei Ministri, (…)

1. decide di approvare il Piano di azione dell’OSCE per la lotta alla tratta di esseri umani allegato alla presente Decisione;

2. istituisce, sotto l’egida del Consiglio Permanente, un meccanismo OSCE per fornire assistenza agli Stati partecipanti nella lotta alla tratta di esseri umani. Il meccanismo consisterà di due parti, che svolgono attività complementari: un Rappresentante speciale nominato dal Presidente in eser- cizio ed un’unità speciale presso il Segretariato dell’OSCE. (…)

Maastricht 2003 (Annesso alla Decisione N.2/03 sulla lotta alla tratta di esseri umani; Piano di azione OSCE per la lotta alla tratta di esseri umani)

IV. Prevenzione della tratta di esseri umani (…)

1. Raccolta di dati e ricerca 1.1 Raccolta di dati separati connessi alle donne, uomini e bambini vittime dei traffici e perfezio- namento della ricerca e dell’analisi di dati quali la natura e l’incidenza della tratta di esseri umani nonché dei meccanismi della tratta di esseri umani e dello sfruttamento adottati dai gruppi cri- minali organizzati, al fine di elaborare misure di prevenzione della tratta di esseri umani efficaci e opportunamente mirate. Promozione di ricerche più ampie e scambio di informazioni sulla tratta di bambini. 1.2 Individuazione delle fasce di popolazione più vulnerabili e sviluppo di campagne speciali per incrementare la sensibilizzazione a tale riguardo. 1.3 Svolgimento di analisi più ampie sulle cause originarie della tratta di esseri umani, sui fattori legati alla domanda e all’offerta, sue reti e conseguenze economiche, nonché suo collegamento con le migrazioni illegali.

2. Misure adottate alle frontiere 6 2.1 Senza pregiudizio per gli impegni internazionali relativi al libero movimento delle persone, rafforzamento, nella misura possibile, di controlli alle frontiere che possano rendersi necessari per prevenire e scoprire la tratta di esseri umani.

299 6.2.1 Disposizioni generali inerenti la prevenzione

2.2 Adozione di misure legislative o di altre misure appropriate per prevenire, per quanto possi- bile, che i mezzi di trasporto gestiti da vettori commerciali siano utilizzati per commettere reati, come definito dalle disposizioni contro la tratta di esseri umani. 2.3 Se del caso e senza pregiudizio per le convenzioni internazionali applicabili, obbligare i vettori commerciali, compresi qualsiasi società di trasporto o i proprietari o i gestori di qualsiasi mezzo di trasporto, ad accertare che tutti i passeggeri siano in possesso di documenti di viaggio validi. Conformemente alla legislazione nazionale, adottare le misure necessarie per prevedere sanzioni in caso di violazione.

3. Politiche economiche e sociali volte ad affrontare le cause originarie della tratta di esseri umani 3.1 Nei Paesi di origine: • considerare quali obiettivi prioritari: la promozione della stabilità socio-economica e politica, e la riduzione sia delle migrazioni causate da grave povertà che da fattori contingenti della tratta di esseri umani. Le politiche miranti a tali obiettivi dovrebbero inoltre promuovere sia lo svi- luppo economico che l’integrazione sociale; • migliorare l’accesso dei bambini ad opportunità educative e professionali e incrementare il livello della frequenza scolastica, in particolare da parte delle bambine e dei gruppi minoritari; • promuovere le opportunità di lavoro delle donne facilitando le opportunità imprenditoriali per le piccole e medie imprese (PMI). Organizzazione di corsi di formazione per le PMI, destinati in particolare a gruppi ad alto rischio.

3.2 Nei Paesi di destinazione: • attuare misure volte a ridurre “l’invisibilità dello sfruttamento”. Un programma che coinvolga le diverse agenzie di monitoraggio, i controlli amministrativi e la raccolta di informazioni sui mercati del lavoro e, se del caso, sull’industria del sesso, contribuirà notevolmente a tale obiettivo; • considerare la liberalizzazione dei mercati del lavoro da parte dei governi al fine di incremen- tare le opportunità di impiego per lavoratori in possesso di un’ampia gamma di professionalità; • affrontare il problema del lavoro non tutelato, informale e spesso illegale, per trovare un equili- brio fra la domanda di lavoro a bassa retribuzione e la possibilità di migrazioni regolari; • affrontare le attività economiche clandestine che minano le economie e intensificano la tratta di esseri umani.

3.3 Nei Paesi di origine o nei Paesi di destinazione: • adottare misure appropriate per elevare i livelli della tutela sociale e creare possibilità di impiego per tutti; • adottare misure appropriate per eliminare la discriminazione delle donne nel campo dell’oc- cupazione al fine di assicurare, in base alle pari opportunità, il diritto a retribuzioni uguali per lavori uguali e il diritto all’eguaglianza nelle diverse opportunità occupazionali; • affrontare tutte le forme di discriminazione delle minoranze; • elaborare programmi che offrano possibilità di sussistenza e comprendano un’istruzione di base, l’alfabetizzazione, la comunicazione e altre capacità e che riducano le barriere all’imprendito- rialità; • incoraggiare la sensibilizzazione nel campo delle pari opportunità e promuovere relazioni pari- tarie e di pieno rispetto fra i sessi, prevenendo in tal modo la violenza contro le donne;

300 6.2.1 Disposizioni generali inerenti la prevenzione

• assicurare l’esistenza di politiche che consentano alle donne un accesso paritario alle risorse economiche e finanziarie e il controllo di queste; • promuovere un finanziamento flessibile e l’accesso a crediti, compresi micro-crediti a interessi bassi; • promuovere il buon governo e la trasparenza nelle transazioni economiche; • adottare o potenziare le misure legislative, educative, sociali, culturali o di altro genere e, se del caso, una legislazione penale, anche mediante una cooperazione bilaterale e multilaterale, per scoraggiare la domanda che promuove tutte le forme di sfruttamento delle persone, in partico- lare delle donne e dei bambini, e che porta alla tratta di esseri umani.

4. Incremento della sensibilizzazione 4.1 Intraprendere, in cooperazione con la società civile e le ONG, campagne di informazione per sensibilizzare l’opinione pubblica sulla tratta di esseri umani nelle sue varie forme, inclusi i metodi impiegati dai trafficanti e i rischi delle vittime. 4.2 Incrementare la sensibilizzazione, riguardo alla tratta di esseri umani, delle autorità addette all’immigrazione e del personale consolare e diplomatico in modo che questi possano utilizzare tali conoscenze nei loro contatti quotidiani con le vittime potenziali. 4.3 Incoraggiare le ambasciate nazionali a diffondere informazioni sulla pertinente legislazione nazionale, come la legge sulla famiglia, la legge sul lavoro e la legge sull’immigrazione che riguar- dano i migranti potenziali, anche tramite le ONG. 4.4 Incrementare la sensibilizzazione alla tratta di esseri umani di altri gruppi pertinenti interes- sati, inclusi gli esponenti politici, i funzionari preposti all’applicazione della legge e altri profes- sionisti competenti fra cui funzionari sanitari, addetti ai servizi sociali e al collocamento nonché funzionari del settore privato, per promuovere la loro disponibilità ad affrontare adeguatamente tale problema e rafforzare la propria capacità istituzionale per contrastarlo. 4.5 Incoraggiare le sezioni consolari e quelle addette al rilascio di visti delle missioni diplomatiche a utilizzare materiali stampati e di altro genere nei contatti con individui a rischio. 4.6 Incrementare la sensibilizzazione dei media. La percezione del problema della tratta di esseri umani affrontata dai media dovrebbe includere una chiara spiegazione del fenomeno e una descri- zione realistica delle vittime. Per migliorare al massimo la conoscenza e la sensibilizzazione del pubblico si dovrebbero svolgere campagne anti-tratta di esseri umani con professionisti dei mezzi di informazione. 4.7 Indirizzare le campagne di incremento della sensibilizzazione anche ai gruppi più vulnerabili, inclusi persone appartenenti a minoranze nazionali, bambini, migranti e sfollati (IDP). 4.8 Estendere le campagne di incremento della sensibilizzazione alle città e ai villaggi più piccoli le cui popolazioni possono essere esposte a rischi particolari. 4.9 Operare nelle scuole e nelle università, nonché direttamente presso le famiglie per raggiun- gere i giovani e incrementare la loro sensibilizzazione in riferimento alla tratta di esseri umani. 4.10 Affrontare, anche mediante i mezzi di informazione, la necessità di ridurre la domanda di pre- stazioni di persone oggetto di tratta affini a sfruttamento sessuale, di lavoro forzato, di schiavitù o di altre pratiche riconducibili alla schiavitù e, a tale riguardo, promuovere la tolleranza zero per tutte le forme di tratta di esseri umani. 6 4.11 Creare ben pubblicizzati accessi telefonici gratuiti nei Paesi di origine, di transito e di destina- zione, che dovrebbero servire a tre scopi: agire quale fonte indipendente di consulenza e guida per le vittime potenziali che possano considerare opportunità di lavoro o altre offerte per recarsi all’e- stero; operare quale primo punto di contatto che fornisce l’accesso a un meccanismo di riferimento

301 6.2.1 Disposizioni generali inerenti la prevenzione

per le vittime della tratta di esseri umani e, infine, facilitare la comunicazione anonima di casi o di casi sospetti della tratta di esseri umani.

5. Misure legislative 5.1 Adottare o riesaminare leggi, controlli amministrativi e procedure relativi alla concessione di licenze e all’operatività di settori imprenditoriali che, secondo l’intelligence, possono essere coinvolti nella tratta di esseri umani, quali le agenzie di collocamento, turistiche, au pair, agen- zie di adozione o matrimoniali che operano per corrispondenza, nonché servizi alberghieri e di accompagnamento. 5.2 Assicurare che le misure adottate per prevenire e combattere la tratta di esseri umani non abbiano un’influenza negativa sui diritti e sulla dignità delle persone, inclusa la loro libertà di movimento. (…)

VI. Seguiti e meccanismi di coordinamento

Oltre a monitorare l’attuazione degli impegni OSCE da parte degli Stati partecipanti attraverso i meccanismi OSCE esistenti, incluse la Riunione annuale di attuazione nel quadro della dimen- sione umana, le Conferenze di riesame e i pertinenti eventi connessi con la dimensione umana, il Consiglio Permanente raccomanda di intraprendere le seguenti azioni a livello nazionale:

1. considerare la nomina di Relatori nazionali o altri meccanismi per il monitoraggio delle attività anti tratta di esseri umani delle istituzioni statali e dell’attuazione dei requisiti legislativi nazionali;

2. considerare l’istituzione di Commissioni per la lotta alla tratta di esseri umani (task force) o organi analoghi responsabili del coordinamento delle attività all’interno di un Paese fra le agenzie di Stato e le ONG, e della elaborazione di misure atte a prevenire la tratta di esseri umani, punire i perpe- tratori di tale crimine e proteggere le vittime;

3. migliorare la cooperazione fra le istituzioni statali e le ONG nazionali impegnate nell’assicu- rare protezione e assistenza alle vittime della tratta di esseri umani, nella lotta alla violenza contro le donne e i bambini, nella promozione delle pari opportunità e nella sensibilizzazione dell’opi- nione pubblica sulle questioni relative ai diritti dell’uomo;

Sofia 2004 (Decisione N.13/04 sulle esigenze specifiche di tutela e di assistenza dei minori vittime di tratta)

Il Consiglio dei ministri, (…)

ricordando i principi di tutela e rispetto dei diritti umani sanciti nella Convenzione delle Nazioni Unite sui diritti del fanciullo del 1989 e nel suo Protocollo facoltativo del 2000 sulla vendita di bam- bini, sulla prostituzione infantile e sulla pornografia infantile, il Protocollo delle Nazioni Unite del 2000 per prevenire, reprimere e punire il traffico di esseri umani, in particolare donne e bam- bini, aggiuntivo alla Convenzione delle Nazioni Unite contro la criminalità organizzata transna- zionale, nonché la Convenzione dell’Aja del 1993 sulla protezione dei minori e sulla cooperazione in materia di adozione internazionale,

consapevole che spetta agli Stati partecipanti la responsabilità primaria di combattere la tratta di esseri umani, basandosi su di un approccio integrato e coordinato che comprenda la prevenzione della tratta, la tutela delle vittime e l’azione penale nei confronti dei trafficanti e dei loro complici,

302 6.2.1 Disposizioni generali inerenti la prevenzione

riaffermando che i principi generali concernenti, tra l’altro, gli interessi superiori dei minori, la non discriminazione, la partecipazione, la sopravvivenza e lo sviluppo, forniscono il contesto di tutte le iniziative riguardanti i minori,

impegnato a rafforzare ulteriormente gli sforzi dell’OSCE volti a combattere la tratta di esseri umani e a proseguire con alacrità l’attuazione del Piano di azione per la lotta alla tratta di esseri umani nonché le attività di sostegno prestate dall’Organizzazione agli Stati partecipanti, su loro richiesta, per lo svolgimento delle loro rispettive attività nazionali in tale ambito,

tenendo conto in particolare delle raccomandazioni del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani conformemente alle quali l’OSCE accorderà particolare attenzione alla que- stione della tratta di bambini e riconoscendo, inoltre, la vulnerabilità dei minori non accompa- gnati e separati dalle famiglie,

ricordando che gli Stati partecipanti si sono impegnati a proteggere i minori da ogni forma di vio- lenza, ivi incluso lo sfruttamento sessuale, e sottolineando l’importanza di rispettare le speciali esigenze di tutela e di assistenza nonché la possibilità del minore di essere ascoltato,

sottolineando che le misure per combattere la tratta dei minori devono tenere conto di una pro- spettiva di parità fra i sessi ed essere non discriminatorie,

ribadendo che l’interesse superiore dei minori deve essere il criterio preminente nelle decisioni concernenti gli stessi quando sono oggetto di tratta, anche garantendo loro rappresentanza, ove appropriato,

consapevole della necessità di un’efficace quadro di assistenza e tutela dei minori nonché di sen- sibilizzazione per contrastare la domanda che favorisce tutte le forme di sfruttamento delle per- sone, in particolare di donne e bambini, e che rende i minori più esposti al rischio della tratta,

1. decide di potenziare gli sforzi dell’OSCE intesi a prevenire la tratta dei minori, a tutelare e assi- stere i bambini vittime di tratta e a perseguire coloro che commettono tale crimine, tenendo conto del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani;

2. incoraggia gli Stati partecipanti a rafforzare le pertinenti strutture governative di tutela dei minori. incoraggia inoltre gli Stati partecipanti a intensificare le iniziative, ove appropriato, e in linea con le pertinenti raccomandazioni agli Stati partecipanti formulate nel Piano di azione dell’O- SCE per la lotta alla tratta di esseri umani, volte a contrastare i fattori che contribuiscono a rendere i minori particolarmente esposti al rischio della tratta, tra cui: la discriminazione in base, tra l’al- tro, alla razza, al sesso, alla religione o al credo, alle origini nazionali o sociali, alla nascita o altra condizione; lo sfruttamento, come definito nel Piano di azione dell’OSCE per la lotta alla tratta di esseri umani; la povertà, la mancanza di istruzione e l’allontanamento dai luoghi di origine;

3. concorda di rafforzare le iniziative per contrastare la domanda, ivi inclusa la lotta al turismo ses- suale a danno di minori. In tale contesto, invita altresì gli Stati partecipanti a considerare, tra l’altro, l’elaborazione di misure giuridiche intese a perseguire i loro cittadini nei casi di sfruttamento ses- suale di minori, anche nel caso in cui tale sfruttamento abbia avuto luogo in un Paese diverso; (…)

303 6.2.1 Disposizioni generali inerenti la prevenzione

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

2. Gli Stati partecipanti all’OSCE riconfermano gli obblighi e gli impegni assunti in materie ine- renti alle frontiere a tutti i livelli: (…)

2.2 a livello dell’OSCE: gli Stati partecipanti riconfermano le norme, i principi, gli impegni e i valori sanciti nell’Atto finale di Helsinki, che si applicano indistintamente in modo uguale e senza riserve e che vengono interpretati singolarmente tenendo conto di tutti gli altri. Gli Stati parte- cipanti riconfermano i principi e gli impegni contenuti nel Documento di Copenaghen del 1990, nel Documento di Helsinki del 1992 e nella Carta per la sicurezza europea del 1999 e richiamano i piani d’azione, le decisioni ed altri pertinenti documenti concordati in seno all’OSCE che affron- tano le questioni inerenti alle frontiere. In particolare, il potenziamento delle capacità dell’OSCE di promuovere confini aperti e sicuri e il rafforzamento della cooperazione vicendevolmente utile fra gli Stati sono strumenti appropriati per affrontare le minacce (…) della tratta di esseri umani, come enunciato nel paragrafo 35 della Strategia dell’OSCE per far fronte alle minacce alla sicu- rezza e alla stabilità nel ventunesimo secolo; (…)

4.3 prevenire e reprimere la criminalità organizzata (…) nonché la tratta di esseri umani;

Lubiana 2005 (Decisione N.13/05 sulla lotta alla tratta di esseri umani)

Il Consiglio dei ministri, (…)

richiamando l’attenzione sulla necessità di migliorare le misure summenzionate, sviluppare potenti reti antitraffico operanti a livello multilaterale, regionale e bilaterale e di attuare efficacemente gli impegni assunti, fornendo pieno supporto e assistenza agli Stati partecipanti, su loro richiesta, attraverso le strutture, le istituzioni e le operazioni sul terreno dell’OSCE,

ribadendo il ruolo unico dell’OSCE come catalizzatore delle iniziative congiunte di organizzazioni internazionali volte a combattere la tratta di esseri umani in tutte le sue forme, ed encomiando le iniziative adottate dal Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani sotto gli auspici dell’“Alleanza contro la tratta di persone”,

decide di:

1. approvare l’Addendum al Piano d’azione dell’OSCE per la lotta alla tratta di esseri umani: affron- tare le esigenze specifiche di tutela e assistenza dei minori vittime della tratta, adottato con la Deci- sione del Consiglio permanente N.685 del 7 luglio 2005, rispondendo in tal modo, alle esigenze delle vittime più vulnerabili e più indifese della tratta di esseri umani;

304 6.2.1 Disposizioni generali inerenti la prevenzione

2. continuare a dedicare particolare attenzione alla crescente minaccia posta dalla tratta di esseri umani e di perseguire, nel quadro del concetto OSCE di sicurezza globale, un approccio multi- dimensionale e focalizzato sulle vittime nell’affrontare questioni concernenti la lotta alla tratta di esseri umani, quale aspetto del crimine organizzato, della criminalità e della corruzione; (…)

Lubiana 2005 (Decisione N.16/05 sul garantire i più elevati standard di condotta e di responsabilità del personale in servizio presso le missioni e le forze internazionali)

Il Consiglio dei ministri, (…)

ribadendo che la tratta di esseri umani, una forma contemporanea di schiavitù, pregiudica grave- mente il godimento dei diritti umani e delle libertà fondamentali,

esprimendo preoccupazione per il fatto che il personale civile e militare in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali, ivi incluse imprese appaltatrici, nonché presso le presenze sul terreno di organizzazioni internazionali, tra cui l’O- SCE, potrebbe costituire un fattore che contribuisce all’aumento della domanda nel contesto della tratta di esseri umani,

accogliendo con favore gli sforzi delle Nazioni Unite e di altre organizzazioni internazionali volti a sviluppare e applicare politiche di “tolleranza zero” che, insieme all’educazione e alla forma- zione, risultano necessarie per prevenire la tratta di esseri umani da parte del personale di dette forze e di altro personale, (…)

esprimendo preoccupazione per i rapporti sulla condotta scorretta di alcuni membri del personale civile e militare in servizio presso forze internazionali di mantenimento della pace o altre mis- sioni internazionali, inclusi i rapporti su casi di coinvolgimento nella tratta di esseri umani, come definita dal Protocollo delle Nazioni Unite per prevenire, reprimere e punire il traffico di esseri umani, in particolare di donne e bambini, condannando con fermezza tali atti e rilevando che essi pregiudicano l’adempimento dei mandati delle missioni,

esprimendo inoltre preoccupazione per i rapporti sulla condotta scorretta di alcuni membri del personale civile e militare in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali, inclusi i rapporti su casi di sfruttamento e di abuso sessuale nei confronti di popolazioni locali e di rifugiati, nonché su casi di lavoro forzato, condannando con fermezza tali atti e rilevando che essi pregiudicano l’adempimento dei mandati delle missioni,

insistendo sulla necessità di una maggiore informazione e sensibilizzazione al riguardo tra il per- sonale in servizio presso missioni internazionali,

prendendo atto degli sforzi compiuti dalle Nazioni Unite per assicurare che il personale in servizio presso le forze internazionali di mantenimento della pace o altre missioni internazionali osservi i più elevati standard di condotta e responsabilità,

1. esorta gli Stati partecipanti a migliorare, ove necessario, le misure intese a prevenire che i mem- 6 bri del personale militare e civile dislocati presso le forze internazionali di mantenimento della pace o altre missioni internazionali, ivi inclusi i funzionari dell’OSCE, svolgano attività connesse alla tratta di esseri umani o allo sfruttamento delle vittime. A tale riguardo, gli Stati partecipanti

305 6.2.1 Disposizioni generali inerenti la prevenzione

si adopereranno per assicurare che le norme, i regolamenti e altri pertinenti documenti nazionali possano essere applicati nei confronti di loro cittadini in servizio presso le forze di mantenimento della pace o altre missioni internazionali, al fine di garantire i più elevati standard di condotta e responsabilità;

2. sollecita gli Stati partecipanti che hanno dislocato personale militare e civile all’estero ad assi- stere, nei limiti delle loro competenze e nell’ambito dei rispettivi mandati, le autorità competenti del paese ospitante negli sforzi volti a combattere la tratta di esseri umani. Nell’istruire il proprio personale militare e civile da dislocare all’estero ciascuno Stato partecipante terrà conto delle poli- tiche e delle conseguenze riguardo alla tratta di esseri umani;

3. invita vivamente gli Stati partecipanti ad adottare appropriate azioni per prevenire lo sfrutta- mento e l’abuso sessuale, nonché i casi di lavoro forzato da parte del loro personale militare e civile in servizio presso le forze di mantenimento della pace o altre missioni internazionali, nonché ad applicare i pertinenti standard di condotta a tale riguardo e ad assicurare che qualsiasi violazione sia oggetto di appropriate indagini e sia punito in modo adeguato;

4. riafferma l’importanza di attuare il Codice di condotta per i funzionari dell’OSCE e l’Istru- zione 11 per il personale sulla tratta di esseri umani e incarica il Segretario generale dell’OSCE di aggiornare tali documenti, avvalendosi dell’esperienza del Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani e dell’Unità di assistenza contro la tratta, al fine di garantire la loro conformità con la presente decisione e di distribuirli, prima della pubblicazione, agli Stati partecipanti per eventuali osservazioni e discussioni;

5. invita anche i Governi dei Partner OSCE per la cooperazione ad impegnarsi rispetto ai prin- cipi esposti nella presente decisione e, a tal fine, incarica il Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani e il Segretario generale dell’OSCE di scambiare informazioni e materiale pertinente con i Partner OSCE per la cooperazione;

6. incarica il Rappresentante speciale dell’OSCE per la lotta alla tratta di esseri umani di scambiare con le pertinenti organizzazioni internazionali il materiale didattico dell’OSCE e altre informa- zioni che potrebbero essere utili ai fini di fornire assistenza nella lotta alla tratta di esseri umani;

7. incarica il Segretario generale di riferire annualmente al Consiglio permanente in merito all’at- tuazione della presente decisione con riguardo al Codice di condotta per i funzionari dell’OSCE e all’Istruzione 11 per il personale, conformemente alla disposizione III 11.1 del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani.

Bruxelles 2006 (Decisione N.14/06 sul potenziamento degli sforzi volti a combattere la tratta di esseri umani, incluso lo sfruttamento del lavoro, tramite un approccio globale e proattivo)

Il Consiglio dei ministri,

profondamente preoccupato dal fatto che tutte le forme di tratta di esseri umani, nonostante gli accresciuti sforzi a livello nazionale e internazionale per combattere tale fenomeno, permangono diffuse nella regione dell’OSCE e al di fuori di essa,

considerando che la tratta di esseri umani è un crimine grave ed efferato che viola la dignità umana e pregiudica il godimento dei diritti dell’uomo e delle libertà fondamentali, e che alimenta le reti della criminalità organizzata,

306 6.2.1 Disposizioni generali inerenti la prevenzione

riconoscendo che l’applicazione della legge, il perseguimento dei responsabili, la tutela, la riabili- tazione, l’integrazione e il reinserimento sociale delle vittime come appropriato, iv incluso il loro accesso effettivo alla giustizia, nonché la prevenzione, anche attraverso misure che colpiscano la domanda, sono fattori importanti per combattere efficacemente la tratta di esseri umani,

sottolineando che la complessità del fenomeno della tratta di esseri umani richiede una risposta multidimensionale da parte di più attori che dovrebbe essere coordinata a livello nazionale, regio- nale e internazionale, (…)

1. invita gli Stati partecipanti a continuare a impegnarsi al massimo livello politico con il Rap- presentante speciale per la lotta alla tratta di esseri umani, al fine di rafforzare l’attuazione degli impegni OSCE in materia di lotta alla tratta di esseri umani;

2. sollecita gli Stati partecipanti a promuovere un approccio globale per combattere tutte le forme di tratta attraverso accordi nazionali, regionali e internazionali, attività di cooperazione e coor- dinamento fra il personale delle istituzioni preposte all’applicazione della legge, gli ispettorati del lavoro, i centri di assistenza sociale, le istituzioni sanitarie, i funzionari dei servizi per l’im- migrazione e di frontiera, le organizzazioni della società civile, i centri di assistenza alle vittime, la comunità imprenditoriale e altri pertinenti attori, ivi incluso un approccio sensibile alle questioni attinenti alla parità fra i sessi. A tal fine, si raccomanda agli Stati partecipanti di istituire Mecca- nismi di riferimento nazionale (NRM), nonché di nominare coordinatori nazionali;

3. sollecita gli Stati partecipanti, con il sostegno delle strutture e delle istituzioni dell’OSCE, qua- lora richiesto, a migliorare la ricerca e il sistema di raccolta e analisi dei dati, con debito riguardo alla loro riservatezza e, ove possibile, a distinguere le statistiche a seconda del sesso, dell’età e di altri fattori pertinenti, come appropriato, al fine di meglio valutare la natura e la portata del pro- blema, nonché di elaborare politiche efficaci e mirate contro la tratta di esseri umani. A tal fine si raccomanda agli Stati partecipanti di considerare di nominare Relatori nazionali o analoghi mec- canismi indipendenti di monitoraggio; (…)

6. incoraggia gli Stati partecipanti a combattere in modo più efficace la tratta di esseri umani a fini di sfruttamento del lavoro anche attraverso le seguenti misure:

(a) assicurando che la loro legislazione penale nazionale in materia di tratta di esseri umani a fini di sfruttamento del lavoro sia conforme ai requisiti del Protocollo delle Nazioni Unite per preve- nire, reprimere e punire la tratta di esseri umani, in particolare di donne e bambini, aggiuntivo alla Convenzione ONU contro la criminalità organizzata transnazionale. A tal fine gli Stati parteci- panti sono incoraggiati ad assicurare che tali crimini siano adeguatamente individuati e perseguiti; (b) assicurando che il loro diritto nazionale del lavoro preveda standard minimi e che le relative leggi siano applicate al fine di ridurre il potenziale della tratta di esseri umani a fini di sfrutta- mento del lavoro; (c) svolgendo programmi di formazione per funzionari del settore, nonché per altre persone che possano venire a contatto con presunte vittime di tratta, come operatori sanitari, assistenti sociali, ispettori del lavoro e altri, al fine di migliorare la loro capacità di individuare le vittime di tratta 6 e di indirizzarle ai servizi di assistenza e protezione;

307 6.2.1 Disposizioni generali inerenti la prevenzione

(d) assicurando che le campagne di informazione volte a sensibilizzare l’opinione pubblica sul pro- blema della tratta non contribuiscano a stigmatizzare ulteriormente i gruppi vulnerabili di per- sone che potrebbero essere in tal modo esposti in misura maggiore a violazioni dei diritti umani; (e) promuovendo strategie divulgative, anche in cooperazione con pertinenti ONG, che informino le comunità di migranti e le persone con impieghi a bassa remunerazione e in settori particolar- mente vulnerabili come l’agricoltura, l’edilizia, l’industria dell’abbigliamento o della ristorazione o siano impiegati come collaboratori familiari, in merito alla tratta di esseri umani a fini di sfrut- tamento del lavoro, allo scopo di migliorare l’accesso delle vittime all’assistenza e alla giustizia e di incoraggiare persone in possesso di informazioni su possibili casi di tratta a indirizzare le vit- time a detta assistenza nonché informare le autorità competenti qualora vi siano motivi ragione- voli di credere che sia stato commesso un reato; (f) elaborando e impiegando metodologie investigative avanzate, in particolare al fine di indivi- duare e perseguire casi di tratta senza affidarsi esclusivamente alla testimonianza delle vittime; (…)

Madrid 2007 (Decisione N.8/07 sulla lotta alla tratta di esseri umani a fini di sfruttamento del lavoro)

Il Consiglio dei ministri, (…)

profondamente preoccupato per il fatto che la tratta di esseri umani resta un fenomeno diffuso nella regione dell’OSCE e al di fuori di essa, nonostante gli sforzi nazionali e internazionali volti a prevenirla e ad assicurare alla giustizia i responsabili,

riconoscendo la necessità di rafforzare ulteriormente il quadro degli impegni OSCE per far fronte alle sfide poste dalla tratta a fini di sfruttamento del lavoro,

riconoscendo la vulnerabilità dei minori vittime della tratta a fini di sfruttamento del lavoro non- ché le loro esigenze specifiche,

sottolineando che le politiche e le prassi per far fronte al problema della tratta a fini di sfrutta- mento del lavoro, che ha origine sia nell’economia formale che in quella informale, dovrebbero essere onnicomprensive e prevedere pertanto l’applicazione delle normative sul lavoro,

sottolineando che le misure per far fronte alla tratta a fini di sfruttamento del lavoro dovrebbero essere formulate prevedendo una maggiore partecipazione degli operatori del mondo del lavoro, comprese le organizzazioni dei lavoratori e dei datori di lavoro, gli amministratori e gli ispettori del lavoro, nonché incoraggiare tale partecipazione, (…)

riconoscendo che le persone che si trovano in una situazione di immigrazione irregolare possono essere maggiormente vulnerabili alla tratta a fini di sfruttamento del lavoro, (…)

riconoscendo le difficoltà che sono legate all’individuazione delle vittime e all’assistenza loro con- cessa, inclusa la loro incertezza sul loro eventuale status di residenza, e che potrebbero insorgere in seguito a intimidazioni e allo sfruttamento dei loro timori da parte di trafficanti, e riconoscendo la necessità di procedure di denuncia che incoraggino le vittime a farsi riconoscere,

308 6.2.1 Disposizioni generali inerenti la prevenzione

invita gli Stati partecipanti a: (…)

5. sostenere e promuovere partenariati fra la società civile, incluse le ONG e le agenzie statali incaricate di monitorare le condizioni di lavoro, al fine di fornire, fra l’altro, assistenza alle vit- time e prevenire la tratta a fini di sfruttamento del lavoro nonché violazioni delle leggi sul lavoro, anche attraverso programmi mirati di sensibilizzazione o codici di condotta su base volontaria; (…)

8. accrescere la cooperazione e l’interazione multiagenzia su questioni attinenti alla tratta ai fini di sfruttamento del lavoro fra funzionari del lavoro e dell’immigrazione, polizia, magistratura e addetti ai servizi sociali, anche attraverso la creazione o il rafforzamento, ove appropriato, dei mec- canismi di rinvio raccomandati nel Piano di azione dell’OSCE per la lotta alla tratta di esseri umani; (…)

11. prevedere efficaci procedure di denuncia tramite cui i singoli possano riferire con riservatezza in merito a circostanze riconducibili a un caso di tratta a fini di sfruttamento del lavoro, come condizioni di lavoro e di vita caratterizzate da sfruttamento;

12. elaborare indicatori che tengano in considerazione, come appropriato, quelli definiti dal Comi- tato di esperti dell’OIL, al fine di assicurare congruenza e trasparenza nell’individuazione delle vittime di tratta a fini di sfruttamento del lavoro e nell’accertamento di situazioni di tratta a fini di sfruttamento del lavoro;

13. considerare la possibilità di tenere ulteriori dibattiti di esperti sulle modalità per distinguere i casi di tratta a fini di sfruttamento del lavoro da altre situazioni di impiego irregolare; (…)

16. elaborare programmi per arginare le assunzioni irregolari cui fanno ricorso alcune agenzie di collocamento, che possono rendere le persone più vulnerabili alla tratta; (…)

19. organizzare campagne mirate di sensibilizzazione nei paesi di origine, di transito e di desti- nazione, rivolte in particolare a gruppi vulnerabili alla tratta a fini di sfruttamento del lavoro;

21. accrescere la cooperazione a livello internazionale condividendo informazioni e migliori prassi sulla lotta alla tratta a fini di sfruttamento del lavoro e valutando i modi per rafforzare la collabo- razione nel campo dell’applicazione della legge nonché della protezione delle vittime e dell’assi- stenza al reinserimento in caso di rimpatrio;

22. migliorare la raccolta dei dati e delle analisi sui legami fra la tratta a fini di sfruttamento del 6 lavoro e la migrazione e condividere tali informazioni con altri Stati partecipanti all’OSCE.

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Helsinki 2008 (Decisione N.5/08 sul potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale)

Il Consiglio dei ministri,

sottolineando la sua forte preoccupazione per la persistente diffusione della tratta di esseri umani nella regione dell’OSCE, (…)

riaffermando il nostro appoggio agli sforzi intrapresi dagli Stati partecipanti in cooperazione con organizzazioni internazionali e regionali, organizzazioni non governative e altri pertinenti orga- nismi per considerare un approccio globale, coordinato e integrato volto a contrastare la tratta di esseri umani, che preveda, tra l’altro, misure per prevenire la tratta di esseri umani, proteggere e assistere le vittime nel pieno rispetto dei diritti umani, perseguire i trafficanti, nonché per con- trastare le attività di organizzazioni criminali transnazionali e di altra natura che traggono van- taggio dalla tratta di esseri umani, (…)

Astana 2010

9. (…) Nel mondo complesso e interconnesso di oggi, dobbiamo raggiungere una maggiore unità d’intenti e di azione per affrontare le minacce transnazionali emergenti come (…) la tratta di esseri umani. Tali minacce possono avere origine all’interno o all’esterno della nostra regione.

Vilnius 2011 (Dichiarazione sulla lotta a tutte le forme di tratta di esseri umani)

1. Noi, (…), dichiariamo la nostra ferma e risoluta determinazione a combattere la tratta di esseri umani in tutte le sue forme.

Dichiariamo che la tratta di esseri umani costituisce un grave e efferato crimine che offende la dignità umana, pregiudica i diritti umani e le libertà fondamentali e alimenta le reti della cri- minalità organizzata.

2. Ribadiamo il nostro pieno impegno nei confronti della Dichiarazione universale dei diritti dell’uomo: “Nessun individuo potrà essere tenuto in stato di schiavitù o di servitù; la schiavitù e la tratta degli schiavi saranno proibite sotto qualsiasi forma.”

3. Riaffermiamo il sostegno degli Stati partecipanti alla ratifica e alla piena attuazione della Con- venzione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché del relativo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di persone, in particolare di donne e bambini, quale quadro internazionale per combattere la tratta di persone. Sottolineiamo inoltre l’importanza di adottare il Piano d’azione globale delle Nazioni Unite (GA 64/293) per la lotta alla tratta di persone, che promuove il miglioramento della cooperazione e del coordinamento tra tutti i pertinenti attori e incoraggia a fornire risposte globali, coordinate e coerenti a livello nazionale, regionale e internazionale al fine di contrastare la tratta di esseri umani, e accoglie di buon grado l’impegno dell’OSCE a favore della sua attuazione.

4. Riconosciamo i progressi compiuti finora dagli Stati partecipanti all’OSCE sul piano individuale e collettivo per far fronte a questo efferato crimine. Ribadiamo la nostra piena adesione all’impegno

310 6.2.1 Disposizioni generali inerenti la prevenzione

dell’OSCE di combattere la tratta di esseri umani e la nostra ferma determinazione a attuare tale impegno attraverso un approccio multidimensionale (…).

5. Esprimiamo la nostra profonda preoccupazione per il fatto che, nonostante la continua adozione di misure a livello internazionale, regionale e nazionale, la tratta rimanga un grave problema, che il numero delle vittime della tratta individuate e assistite rimanga relativamente esiguo e che pochi responsabili siano stati assicurati alla giustizia. Siamo profondamente preoccupati per il fatto che la tratta di esseri umani finalizzata al prelievo di organi, sfruttamento sessuale, e sfruttamento del lavoro, inclusa la servitù domestica, continui a rimanere un grave problema.

6. Encomiamo (…) i recenti sforzi dell’OSCE volti a mettere in evidenza la tratta a fini di sfrut- tamento del lavoro, inclusa la servitù domestica, nonché la tratta di minori e la tratta di persone per il prelievo di organi.

7. Promuoviamo e sosteniamo la cooperazione multidisciplinare, la formazione intersettoriale e il partenariato multilaterale. (…)

II.

8. Riconosciamo la necessità di rafforzare le risposte della giustizia penale alla tratta di esseri umani, compresa l’azione penale nei confronti dei trafficanti e dei loro complici, assicurando al tempo stesso il rispetto dei diritti umani nei confronti delle vittime e il loro accesso alla giustizia, all’as- sistenza legale e a rimedi efficaci, nonché ad altri servizi, se necessario. Esamineremo tecniche investigative quali indagini finanziarie, miglioreremo lo scambio di informazioni relative a gruppi di criminali organizzati e promuoveremo l’applicazione della legge e la collaborazione giudiziaria a livello transfrontaliero al fine di poter individuare efficacemente sia i responsabili che le poten- ziali vittime della tratta di esseri umani.

9. Riconosciamo la necessità di adottare misure adeguate per assicurare, ove necessario, che le vit- time della tratta individuate non siano penalizzate per essere state coinvolte in attività illegali, nella misura in cui vi siano state costrette. Esortiamo gli Stati partecipanti ad attuare misure globali e appropriate per offrire assistenza alle vittime della tratta di persone.

10. Rinnoveremo gli sforzi volti a individuare e assistere le vittime della tratta, tenendo conto in modo particolare delle popolazioni vulnerabili. Se necessario, promuoveremo campagne di sensi- bilizzazione rivolte alle persone a rischio di tratta, che affrontino i fattori sociali, economici, cultu- rali, politici e di altra natura che contribuiscono a rendere tali persone vulnerabili. Accresceremo e sosterremo le iniziative di prevenzione, concentrandoci sulla domanda che favorisce qualsiasi forma di tratta e sui beni e servizi che derivano dalla tratta di persone.

11. Riconosciamo il ruolo importante delle organizzazioni della società civile a favore delle vit- time della tratta, fornendo loro assistenza e la possibilità di prendere coscienza dei propri diritti.

12. Riconosciamo che è necessario rafforzare i sistemi di tutela dei minori per contribuire in modo efficace a prevenire, individuare e rispondere alla tratta di minori in tutte le sue forme, fornire ade- guata assistenza e protezione (…) dei minori vittime della tratta o a rischio di divenirne oggetto, anche attraverso servizi e misure appropriati per il loro benessere fisico e psicologico, nonché della loro istruzione, riabilitazione e reintegrazione. 6

13. Riconosciamo che, al fine di prevenire in modo efficace la tratta di esseri umani a fini di sfrut- tamento del lavoro, i diritti del lavoro devono essere rispettati. Raccomandiamo di elaborare

311 6.2.1 Disposizioni generali inerenti la prevenzione

e attuare misure per migliorare le prassi lavorative e promuovere l’effettiva applicazione dei diritti del lavoro internazionalmente riconosciuti, attraverso metodi quali ispezioni sui posti di lavoro, monitoraggio delle agenzie di impiego private ed elaborazione di altri programmi che sostengano i lavoratori nell’esercizio dei propri diritti.

14. Incoraggiamo gli Stati partecipanti a collaborare con le imprese affinché si applichino prin- cipi di debita diligenza e trasparenza nel valutare e far fronte ai rischi di sfruttamento in tutte le catene di approvvigionamento, nonché ad assicurare che i lavoratori abbiano accesso ai mec- canismi di risarcimento e tutela giuridica previsti per le pratiche abusive. Incoraggiamo la diffu- sione e l’attuazione dei Principi guida delle Nazioni Unite su imprese e diritti umani. Incoraggiamo parimenti i Governi a considerare la possibilità di introdurre standard analoghi, incluse politiche di “tolleranza zero”, per gli appalti governativi di beni e servizi.

III.

15. Sottolineiamo che l’OSCE fornisce una piattaforma estremamente valida per il dialogo e una migliore cooperazione tra gli Stati partecipanti al fine di prevedere una risposta globale alla tratta di esseri umani in tutte le sue forme. In questo spirito, riaffermiamo la nostra determinazione a attuare gli impegni dell’OSCE, incluso il Piano d’azione per la lotta alla tratta di esseri umani, di servirci appieno delle pertinenti strutture dell’OSCE e di rafforzare il partenariato dell’OSCE con altre organizzazioni internazionali e regionali, nonché con la società civile.

Vilnius 2011 (Decisione N.10/11 sulla promozione delle pari opportunità per le donne in ambito economico) (…)

Kiev 2013 (Decisione N.7/13 sulla lotta alla tratta di esseri umani)

Il Consiglio dei ministri,

riaffermando i pertinenti impegni OSCE degli anni 2000-2008 e la Dichiarazione ministeriale di Vilnius del 2011 sulla lotta a tutte le forme di tratta di esseri umani,

ribadendo il valore strategico del Piano d’azione dell’OSCE del 2003 per la lotta alla tratta di esseri umani, che offre agli Stati partecipanti una serie di raccomandazioni avanzate sulle misure da adot- tare a livello internazionale e nazionale in materia di azione penale, prevenzione e tutela, e guida le attività delle pertinenti strutture esecutive dell’OSCE,

profondamente preoccupato per il notevole aumento di tutte le forme di tratta di esseri umani (THB), sia transnazionali che interne, e ribadendo la particolare necessità di adottare misure più vigorose per far fronte alle attuali, emergenti e complesse tendenze e forme di tratta,

accoglie con favore l’adozione dell’Addendum al Piano d’azione dell’OSCE per la lotta alla tratta di esseri umani: dieci anni dopo, approvata dal Consiglio permanente con la Decisione N.1107, e considera l’Addendum: dieci anni dopo parte integrante del Piano d’azione dell’OSCE 2003 per la lotta alla tratta di esseri umani.

312 6.2.1 Disposizioni generali inerenti la prevenzione

Vienna 2017 (Decisione N.6/17 sul potenziamento degli sforzi volti a prevenire la tratta di esseri umani)

Il Consiglio dei ministri,

riaffermando che la tratta di esseri umani è un crimine grave e odioso che viola la dignità umana e che tutti gli aspetti della lotta alla tratta di esseri umani devono poggiare saldamente sullo stato di diritto e sul rispetto dei diritti umani,

riaffermando la nostra più ferma condanna di tutte le forme di tratta di esseri umani, anche a fini di sfruttamento sessuale e di manodopera, traffico di minori, induzione al crimine, nonché ai fini del prelievo di organi, e riconoscendo che la prevenzione di tale crimine rappresenta una priorità,

riaffermando inoltre il nostro impegno ad affrontare i fattori che rendono le persone più vulnera- bili alla tratta e sottolineando l’importanza di un approccio transdimensionale e globale alla lotta contro la tratta di esseri umani, che richiede un’attenzione particolare alla messa in atto di effi- caci misure di prevenzione, (…)

ricordando l’importanza ai fini della prevenzione e della lotta alla tratta di esseri umani dell’A- genda 2030 per lo sviluppo sostenibile e della Convenzione delle Nazioni Unite sui diritti del fan- ciullo (1989), qualora ne siano firmatari, (…)

riconoscendo il contributo della società civile, ivi incluse le organizzazioni religiose, nel prevenire la tratta di esseri umani e nel prestare assistenza alle vittime,

invita gli Stati partecipanti a:

1. elaborare politiche di prevenzione mirate che siano basate, come appropriato, sul potenziamento della ricerca e la raccolta sistematica di informazioni attendibili, anche con il supporto dei mecca- nismi nazionali come i relatori nazionali, ove essi esistano, al fine di massimizzare l’effetto e l’im- patto degli sforzi anti-tratta a livello nazionale e internazionale;

2. promuovere il dialogo e la cooperazione tra i governi, le organizzazioni internazionali, la società civile e il settore privato, comprese le imprese e i sindacati e le organizzazioni dei datori di lavoro come partner sociali, in vista di un potenziamento degli sforzi volti a prevenire la tratta di esseri umani attraverso, tra l’altro, una maggiore consapevolezza del ruolo di ciascun attore e la facili- tazione dello scambio di informazioni sulla tratta di esseri umani tra i paesi di origine, di tran- sito e di destinazione, inclusi i Partner per la cooperazione, e il riconoscimento dell’importanza di ascoltare la voce delle vittime di tratta nell’elaborazione di efficaci strategie anti-tratta;

3. continuare a utilizzare l’OSCE quale piattaforma per il dialogo sulla cooperazione giudiziaria e di polizia, la sicurezza e la gestione delle frontiere, in quanto elemento importante per prevenire la tratta di esseri umani;

4. promuovere programmi di rafforzamento delle capacità multi-agenzia, transettoriali e multina- 6 zionali che facilitino misure per prevenire la tratta di esseri umani in tutte le sue forme, con par- ticolare attenzione ai fattori che rendono le persone vulnerabili alla tratta;

313 6.2.1 Disposizioni generali inerenti la prevenzione

5. adottare misure adeguate per combattere efficacemente la tratta di esseri umani elaborando pro- cedure armonizzate e corsi di formazione, tra l’altro, sull’individuazione e la protezione delle vit- time di tratta, rivolti alle autorità competenti, alle organizzazioni della società civile, agli operatori sociali e sanitari nonché ad altri soggetti che possono entrare in contatto per primi con le vittime;

6. rafforzare le iniziative educative e di sensibilizzazione, compresa l’educazione ai diritti umani, e sviluppare e attuare programmi di responsabilizzazione che tengano conto delle particolari esi- genze delle donne, degli uomini, dei ragazzi e delle ragazze, al fine di migliorare la capacità di rico- noscere, prevenire e combattere la tratta di esseri umani nell’ambito delle comunità;

7. adottare un approccio incentrato sulla vittima e consapevole dei suoi traumi e (…) sensibile alle specificità di genere, che rispetti pienamente i diritti umani e le libertà fondamentali nell’ambito di tutte le iniziative di prevenzione e assistenza;

8. riconoscere l’importante contributo che i media possono apportare alla prevenzione della tratta di esseri umani, tra l’altro attraverso l’adozione volontaria di standard professionali attraverso cui affrontare i casi di tratta di esseri umani responsabilmente e con sensibilità;

9. individuare, sviluppare e condividere le migliori pratiche, (…), per partenariati nazionali e glo- bali di successo tra settore pubblico e privato nella lotta alla tratta di esseri umani, per promuo- vere il rispetto dei diritti umani e la responsabilità sociale delle imprese, anche attraverso iniziative pubbliche di sensibilizzazione circa il rischio di tratta di esseri umani nella produzione e origine dei beni e nell’offerta di servizi;

10. incoraggiare il settore privato ad adottare politiche e procedure per prevenire tutte le forme di tratta di esseri umani, a impegnarsi attivamente nelle iniziative di una pluralità di soggetti interessati, a sviluppare la consapevolezza circa i rischi della tratta di esseri umani e a tener conto delle migliori pratiche, come la creazione di meccanismi indipendenti di controllo, verifica e cer- tificazione al fine di documentare il rispetto e l’attuazione di codici di condotta o di standard etici di autoregolamentazione, anche attraverso incentivi per le imprese affinché operino con la dovuta diligenza e trasparenza per prevenire gli abusi e lo sfruttamento dei lavoratori in tutta le loro filiere, e allo scopo di consentire condizioni di concorrenza eque per le imprese responsabili;

promuovere politiche complementari alla legislazione nazionale che, nel considerare l’assegna- zione di contratti governativi per beni e servizi, tengano conto del fatto che le aziende stiano adot- tando o meno misure efficaci e adeguate per far fronte ai rischi di tratta di esseri umani, anche per quanto riguarda i loro subappaltatori e dipendenti;

11. adottare misure adeguate per individuare e sradicare le pratiche di assunzione e impiego abu- sive e fraudolente che possono condurre alla tratta a fini di sfruttamento del lavoro, sfruttamento sessuale, induzione al crimine o ad altre forme di tratta, comprese misure per promuovere criteri chiari per la registrazione formale delle agenzie di reclutamento e collocamento e attraverso il raf- forzamento del ruolo delle autorità competenti, come gli ispettori del lavoro;

12. promuovere misure per prevenire e affrontare l’impiego di lavoro forzato da parte delle rap- presentanze diplomatiche e di altri membri del personale delle missioni diplomatiche, degli uffici consolari e delle organizzazioni internazionali e promuovere una politica di tolleranza zero nei casi di tratta da parte di tali membri del personale, e tenere conto delle migliori pratiche a livello internazionale come raccolte, ad esempio, nel Manuale OSCE sulla prevenzione della tratta di esseri umani a fini di schiavitù domestica presso famiglie del personale diplomatico e la protezione dei lavoratori domestici, prendendo al contempo atto che molte di queste misure sono in linea con

314 6.2.1 Disposizioni generali inerenti la prevenzione

le Convenzioni di Vienna sulle relazioni diplomatiche e le relazioni consolari nonché con gli accordi sulla sede di organizzazioni internazionali e riconoscendo che le Convenzioni di Vienna inclu- dono il dovere di rispettare le leggi e i regolamenti dello Stato ospitante, compresi quelli miranti a prevenire e a far fronte alla tratta di esseri umani;

13. incaricare il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani ed eventualmente altre pertinenti strutture esecutive, in conformità con i loro mandati e in coordinamento con il Rappresentante speciale dell’OSCE, di proseguire la cooperazione con l’Alleanza contro la tratta di persone e con altre piattaforme regionali e globali, tra cui il Gruppo di coordinamento inter-agenzia contro la tratta di persone;

14. incoraggiare le pertinenti strutture esecutive, in conformità con i loro mandati e in coordi- namento con il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani, a proseguire le attività di ricerca, in consultazione con gli Stati partecipanti, a organizzare attività di rafforzamento delle capacità, ad assistere gli Stati partecipanti, su loro richiesta, nello svi- luppo di politiche e di linee guida per potenziare gli sforzi volti a prevenire la tratta di esseri umani; (…)

Vienna 2017 (Decisione N.7/17 sul potenziamento degli sforzi volti a combattere ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, nonché altre forme di sfruttamento sessuale di minori)

Il Consiglio dei ministri, (…)

profondamente allarmato per il persistere di ogni forma di tratta di minori, sia a livello transna- zionale che nazionale, inclusa la tratta di minori a fini di sfruttamento sessuale e del lavoro, e riba- dendo la necessità di adottare misure più rigorose contro tale fenomeno,

riaffermando che l’interesse superiore del minore sarà considerato preminente nelle decisioni adot- tate concernenti i minori oggetto di tratta o di sfruttamento sessuale, e l’importanza di rispettare le esigenze specifiche di tutela e assistenza dei minori e l’opportunità dei minori di essere ascoltati,

profondamente allarmato del fatto che lo sfruttamento sessuale dei minori possa comportare con- seguenze gravi e permanenti per lo sviluppo e il benessere fisico e psicologico di un minore e che, in molti casi, esso rappresenta una forma di tratta di esseri umani,

riconoscendo che ogni forma di tratta di esseri umani, anche a fini di sfruttamento sessuale, non- ché altre forme di sfruttamento sessuale di minori violano la dignità umana e pregiudicano l’eser- cizio dei diritti umani e delle libertà fondamentali,

considerando che ogni forma di tratta di esseri umani, anche a fini di sfruttamento sessuale, non- ché altre forme di sfruttamento sessuale di minori costituiscono reati gravi ed efferati, in molti casi con il coinvolgimento della criminalità organizzata, che devono essere prevenuti, indagati, perseguiti e puniti, (…)

riconoscendo che lo sfruttamento sessuale di minori nei viaggi e nel turismo, che possono com- 6 prendere anche viaggi da un paese a un altro, costituisce un reato grave e contribuisce all’incre- mento della domanda che favorisce la tratta di minori a fini di sfruttamento sessuale,

315 6.2.1 Disposizioni generali inerenti la prevenzione

encomiando gli Stati partecipanti che cooperano con l’industria dei viaggi e del turismo, incluse compagnie aeree e altri mezzi di trasporto, nonché hotel, le imprese ricettive in generale, la società civile, e pertinenti organizzazioni internazionali, al fine di prevenire ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, e altre forme di sfruttamento sessuale di minori, e di stabilire e applicare procedure per individuare, segnalare e gestire presunte tratte di minori,

sottolineando che le tecnologie dell’informazione e della comunicazione (TIC) possono svolgere un ruolo positivo in termini educativi, di sviluppo e di sensibilizzazione al problema per i minori, ma che possono essere anche usate impropriamente per facilitare contatti con minori a fini di sfrut- tamento o pubblicare annunci di minori a fini di sfruttamento sessuale, e che i social media pos- sono essere usati impropriamente a fini di adescamento di minori, che possono diventare oggetto di sfruttamento sessuale nonché di ogni forma di tratta,

ricordando che l’Addendum del 2013 al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani invita gli Stati partecipanti a formare funzionari di frontiera, funzionari di polizia, giudici, procuratori, funzionari addetti all’immigrazione e altri funzionari pertinenti all’uso di Internet e di altre tecnologie dell’informazione e della comunicazione a fini di tratta di esseri umani e reati correlati, inclusa ogni forma di tratta di minori e di sfruttamento sessuale di minori,

preoccupato che i minori che accedono a siti pornografici in Internet possano desensibilizzarsi e diventare con maggiore probabilità vittime o perpetratori di sfruttamento sessuale,

prendendo atto che nell’ultimo decennio sono state sviluppate nuove tecnologie per la verifica dell’età che potrebbero aiutare a impedire l’accesso dei minori a siti pornografici in Internet,

esprimendo preoccupazione per il fatto che i minori nei flussi migratori, in particolare i minori non accompagnati, possono essere particolarmente vulnerabili alla tratta di esseri umani e allo sfruttamento sessuale, e sottolineando che strutture specializzate, una sicurezza adeguata, la for- mazione e un quantitativo numerico sufficiente di personale nonché operatori di sesso femminile possono mitigare tali rischi,

1. incoraggia gli Stati partecipanti, le organizzazioni internazionali e la società civile a cooperare al fine di contrastare ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, non- ché altre forme di sfruttamento sessuale di minori, prendendo atto dei loro sforzi volti a contra- stare tali reati; (…)

8. incoraggia gli Stati partecipanti a esortare le società di tecnologie dell’informazione e della comu- nicazione e i social media a prevenire la diffusione online di contenuti con abusi sessuali di minori e a procedere alla rimozione degli stessi, e di proteggere i minori contrastando l’adescamento online da parte di trafficanti di esseri umani a fini di ogni forma di tratta di minori nonché di altre forme di sfruttamento sessuale di minori, anche attraverso lo sviluppo di nuovi strumenti e tecnologie; (…)

12. incarica le pertinenti strutture dell’OSCE conformemente ai loro mandati e in coordinamento con il Rappresentante speciale dell’OSCE e Coordinatore per la lotta alla tratta di esseri umani di continuare ad assistere gli Stati partecipanti, su loro richiesta, nell’attuazione dei loro impe- gni relativi a ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, nonché ad altre forme di sfruttamento sessuale di minori;

316 6.2.2 Indagini, applicazione della legge e azione penale

13. invita i Partner OSCE per la cooperazione a condividere volontariamente gli impegni degli Stati partecipanti sulla lotta a ogni forma di tratta di minori, anche a fini di sfruttamento sessuale, non- ché ad altre forme di sfruttamento sessuale di minori.

Milano 2018, (Decisione N.6/18 sul potenziamento degli sforzi volti a prevenire e combattere la tratta di bambini, inclusi i minori non accompagnati)

Il Consiglio dei ministri,

profondamente allarmato dalla diffusione della tratta di bambini, compresi quelli non accompa- gnati, in tutte le sue forme, anche a scopo di sfruttamento sessuale, lavoro forzato, criminalità for- zata, matrimonio forzato e prelievo di organi, (…)

profondamente preoccupato per l’elevato numero di bambini non accompagnati che negli ultimi anni sono diventati vulnerabili alla tratta di esseri umani, (…)

elogiando gli Stati partecipanti che adottano misure legislative speciali e di altro tipo per l’indivi- duazione precoce, l’accoglienza e la protezione dei minori vulnerabili alla tratta di esseri umani, compresi i minori non accompagnati,

riconoscendo l’importanza del contributo della società civile, incluse le organizzazioni religiose, tra l’altro nell’assistere le autorità nazionali nel prevenire e contrastare tutte le forme di tratta di bam- bini attraverso meccanismi nazionali di lotta contro la tratta, compresi i Meccanismi nazionali di rinvio, se del caso,

prendendo atto della 17a Conferenza dell’Alleanza contro la tratta di persone sulla “Tratta di bam- bini e l’interesse superiore del bambino” (2017) e della prima Riunione supplementare dell’OSCE nel quadro della dimensione umana sulla “Tratta di minori: dalla prevenzione alla protezione” (2018),

invita gli Stati partecipanti a: (…)

13. incaricare le strutture esecutive competenti dell’OSCE, conformemente ai loro mandati, nell’am- bito delle risorse disponibili e in coordinamento con il Rappresentante speciale dell’OSCE e Coor- dinatore per la lotta alla tratta di esseri umani, di continuare ad assistere gli Stati partecipanti, su loro richiesta, nell’affrontare tutte le forme di tratta di bambini, anche massimizzando le cono- scenze di base esistenti e assicurando al tempo stesso che non si verifichino duplicazioni degli sforzi e dei programmi finanziati.

6.2.2 Indagini, applicazione della legge e azione penale

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

24. Adotteremo misure per (…) porre fine (…) a tutte le forme di traffico di esseri umani. Al fine 6 di prevenire detti crimini, promuoveremo, fra l’altro, l’adozione o il rafforzamento di leggi che prevedano di processare le persone colpevoli di tali azioni (…).

317 6.2.2 Indagini, applicazione della legge e azione penale

Vienna 2000 (Decisione sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani)

Il Consiglio dei ministri, (…)

3. riconosce la primaria responsabilità degli Stati partecipanti nella lotta contro il traffico in base ad un approccio integrato e coordinato che comprende (…) il rinvio a giudizio dei trafficanti e dei loro complici; (…)

9. si impegna ad intraprendere le misure necessarie, anche adottando e applicando leggi che cri- minalizzino il traffico di esseri umani e che prevedano pene appropriate, allo scopo di assicurare una efficace risposta delle forze dell’ordine ed efficaci azioni penali. Tali leggi dovranno prendere in considerazione un approccio al problema del traffico conforme ai diritti umani e includere dispo- sizioni per la tutela dei diritti umani delle vittime, assicurando che queste ultime non debbano essere perseguite per il semplice fatto di essere state oggetto di traffico;

Bucarest 2001 (Decisione N.6/01)

Il Consiglio dei Ministri, (…)

incoraggia lo scambio di informazioni al fine di potenziare le capacità investigative, l’applicazione della legge e la prevenzione della criminalità;

Porto 2002 (Dichiarazione sul traffico di esseri umani)

Rivolgiamo un appello agli Stati partecipanti affinché rafforzino la cooperazione internazionale nella lotta alla criminalità organizzata transnazionale, inclusi atti illeciti quali il traffico di stupe- facenti e di armi, nonché quello di migranti. Tale cooperazione comprenderà gli organi preposti all’applicazione del diritto internazionale, quali Europol ed Interpol, nonché l’Iniziativa di Coo- perazione per l’Europa sudorientale (SECI), al fine di effettuare indagini e perseguire legalmente i responsabili del traffico di esseri umani, conformemente al diritto nazionale e, ove applicabile, agli obblighi internazionali. (…)

Maastricht 2003 (Annesso alla Decisione N.2/03 sulla lotta alla tratta di esseri umani; Piano di azione OSCE per la lotta alla tratta di esseri umani)

III. Indagini, applicazione della legge e azione penale (…)

Azione raccomandata a livello nazionale

1. Criminalizzazione 1.1 Adozione delle misure legislative e di altre misure che possano essere necessarie per considerare come reati il comportamento enunciato nell’Articolo 3 del Protocollo delle Nazioni Unite per la pre- venzione, la repressione e la punizione della tratta di esseri umani, in particolare donne e bambini, che integra la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale.

318 6.2.2 Indagini, applicazione della legge e azione penale

1.2 Adozione delle misure legislative o di altre misure che possano essere necessarie per definire come reati: • il tentativo di commettere tale reato; • la partecipazione a tale reato in veste di complice; • ordini impartiti ad altre persone o loro organizzazione per commettere tale reato. 1.3 Adozione delle misure che possano essere necessarie per stabilire la responsabilità di persone giuridiche per reati connessi con la tratta di esseri umani oltre alla responsabilità di persone fisi- che. Fermi restando i principi giuridici dello Stato partecipante, la responsabilità delle persone giuridiche può essere penale, civile e/o amministrativa. 1.4 Adozione di disposizioni legislative che prevedano pene efficaci e adeguate al crimine com- messo, inclusa la carcerazione, e che tengano conto della gravità di tale crimine. Se del caso, la legi- slazione dovrebbe prevedere pene supplementari da applicare a persone risultate colpevoli di tale tratta di esseri umani in circostanze aggravanti, come nel caso di reati che comprendono la tratta di bambini o reati commessi da funzionari statali o con la loro complicità. 1.5 Considerazione delle disposizioni legislative di confisca degli strumenti e degli introiti della tratta di esseri umani nonché dei relativi reati, specificando, qualora non incompatibili con la legi- slazione nazionale, che gli introiti della tratta di esseri umani confiscati saranno utilizzati a bene- ficio delle vittime. Considerazione dell’opportunità di costituire un fondo di compensazione per le vittime della tratta di esseri umani e l’utilizzazione dei beni confiscati per contribuire al finan- ziamento di tale fondo. 1.6 Assicurare che la tratta di esseri umani, i suoi atti costitutivi e i reati connessi costituiscano reati soggetti a estradizione in base alla legge nazionale e ai trattati di estradizione. 1.7 Adozione di misure legislative e di altro genere che qualifichino quali reati penali gli atti di cor- ruzione attiva o passiva commessi dai pubblici funzionari, di cui agli Articoli 8 e 9 della Conven- zione delle Nazioni Unite contro la criminalità organizzata transnazionale. 1.8 Assicurare che le vittime della tratta di esseri umani non siano soggette a procedimenti penali solamente quale risultato diretto dell’essere stati oggetto di tratta.

2. Interventi di ordine pubblico 2.1 Piena attuazione delle misure anti-tratta di esseri umani e delle misure connesse enunciate nella legislazione. 2.2 Costituzione di speciali unità anti-tratta, comprendenti sia donne che uomini con un alto grado di formazione per l’indagine di reati che riguardano la violenza sessuale o coinvolgono bambini, al fine di promuovere la competenza, la professionalità e l’integrità. 2.3 Formazione delle capacità nella lotta alla corruzione. 2.4 Elaborazione di programmi della polizia di prossimità: miglioramento dei livelli di fiducia fra la polizia e il pubblico al fine, tra l’altro, di contribuire all’acquisizione di informazioni relative alla tratta di esseri umani e di incrementare la disponibilità delle vittime a denunciare i reati subiti. 2.5 Intensificazione della cooperazione fra gli organi investigativi dell’ordine pubblico al fine di sta- bilire la possibile provenienza criminale, ovvero legata alla tratta di esseri umani di beni sospetti. 2.6 Previsione non solo delle risorse e della formazione per lo sviluppo di attività della polizia a carattere di intelligence per la gestione e l’analisi dei crimini e delle relative informazioni, ma 6 anche di altre capacità avanzate e attrezzature necessarie agli organi preposti alla tutela dell’or- dine pubblico per lo svolgimento dei loro compiti anti-tratta.

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2.7 Incoraggiare gli investigatori e i procuratori a condurre indagini e attuare azioni penali senza fidarsi solo ed esclusivamente delle testimonianze dei testi. Vagliare strategie investigative alter- native per evitare che sia necessario che le vittime debbano testimoniare dinanzi a una corte. 2.8 Adottare misure attuabili per assicurare che i membri delle missioni OSCE che violano il Codice di condotta OSCE per i membri delle missioni e altri regolamenti subiscano le sanzioni prescritte, inclusi, se del caso, procedimenti disciplinari e penali. 2.9 Trattare la corruzione degli organi responsabili dell’ordine pubblico locali quale materia pri- oritaria e assicurare che siano adottati adeguati procedimenti disciplinari e penali contro le auto- rità preposte all’applicazione della legge risultate coinvolte in atti di corruzione connessi alla tratta di esseri umani.

3. Cooperazione degli organi preposti all’applicazione della legge e scambio di informazioni tra gli Stati partecipanti 3.1 Stretta cooperazione reciproca e compatibile con i rispettivi sistemi giuridici e amministrativi nazionali, per potenziare l’efficacia dell’azione degli organi preposti all’applicazione della legge nella lotta contro i reati contemplati dal presente Piano di azione. Promozione di un’analoga coo- perazione e coordinamento fra le agenzie di applicazione della legge all’interno degli Stati. 3.2 Adozione, in particolare, di misure efficaci • per migliorare e, ove necessario, creare canali di comunicazione fra gli Stati partecipanti; • per cooperare nelle inchieste riguardanti i reati contemplati dal presente Piano di azione; • per fornire, se del caso, dati o prove necessarie per scopi analitici o investigativi; • per facilitare un coordinamento efficace fra le loro autorità, le agenzie e i servizi competenti e per promuovere lo scambio di personale e di altri esperti, inclusa la nomina di funzionari di col- legamento, fermi restando gli accordi o i patti bilaterali fra gli Stati partecipanti interessati; • per scambiare informazioni su mezzi e metodi specifici utilizzati da gruppi criminali organiz- zati, inclusi, se del caso, i percorsi e i mezzi di trasporto nonché l’uso di false identità, documenti falsificati o contraffatti o altri mezzi che servono ad occultare le loro attività; • per coordinare misure amministrative o d’altro genere considerate appropriate per la tempe- stiva individuazione dei reati contemplati dal presente Piano di azione. 3.3 Stipulazione di accordi sulla cooperazione bilaterale e multilaterale nel campo dell’applicazione della legge per facilitare lo scambio di informazioni. 3.4 Compiere sforzi per elaborare standard comuni per la raccolta di dati statistici.

4. Assistenza e tutela dei testimoni e delle vittime nel sistema giudiziario penale 4.1 Adozione di misure appropriate nell’ambito delle possibilità degli Stati partecipanti, incluse misure legislative, atte ad assicurare un’efficace tutela contro potenziali ritorsioni o intimidazioni dei testimoni per le testimonianze rese nei procedimenti penali riguardanti reati contemplati dal presente Piano di azione e, se del caso, dei loro parenti e di altre persone loro vicine. 4.2 Sensibilizzazione delle autorità e dei funzionari preposti all’applicazione della legge in merito alle loro responsabilità per assicurare l’incolumità delle vittime della tratta di esseri umani e la loro prima assistenza. 4.3 Assicurare la protezione dei dati e il diritto alla privacy della vittima, anche durante la rac- colta e l’analisi dei dati. 4.4 Facilitare la partecipazione della vittima, quale testimone, alle indagini e alle udienze o ad altri procedimenti penali assicurandole la possibilità di trasferimento quale forma di protezione.

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4.5 Fornire la consulenza legale alle vittime allorché esse debbano decidere se testimoniare o meno di fronte ad una corte. 4.6 Consentire alle ONG di sostenere le vittime nelle udienze, qualora ciò non sia incompatibile con la legislazione nazionale.

5. Formazione 5.1 Assicurare o migliorare la formazione dei funzionari addetti al controllo delle frontiere, dei funzionari di polizia, dei giudici, dei procuratori, dei funzionari addetti all’immigrazione e di altri funzionari competenti per tutti gli aspetti della tratta di esseri umani. 5.2 Dedicare attenzione, in tali programmi di formazione, ai diritti umani e alle questioni connesse all’infanzia e alle pari opportunità, nonché incoraggiare la cooperazione con organizzazioni non governative, altre organizzazioni pertinenti e altri elementi della società civile.

6. Misure adottate alle frontiere 6.1 Considerare l’adozione di misure che permettano, conformemente alle leggi nazionali, di negare l’entrata, revocare i visti o eventualmente incarcerare temporaneamente persone implicate in reati, come definito dalla legislazione in vigore. 6.2 Considerare il rafforzamento della cooperazione fra le agenzie di controllo delle frontiere, fra l’altro, istituendo e mantenendo canali di comunicazione diretti.

7. Sicurezza e controllo di documenti 7.1 Adottare le misure che possano essere necessarie per assicurare, con i mezzi disponibili, che i documenti di viaggio o di identità rilasciati da Stati partecipanti o a loro nome siano tali da non poter essere impropriamente utilizzati, facilmente falsificati o corretti, duplicati o rilasciati in modo illegittimo.

8. Legittimità e validità dei documenti 8.1 Su richiesta di un altro Stato partecipante e conformemente alle sue leggi nazionali, verificare entro un tempo ragionevole la legittimità e la validità dei documenti di viaggio o di identità rila- sciati o accertare se tali documenti sono stati rilasciati a nome di tale Stato, nel caso in cui esistano motivi fondati per sospettare che siano utilizzati per la tratta di esseri umani.

Sofia 2004 (Decisione N.13/04 sulle esigenze specifiche di tutela e di assistenza dei minori vittime di tratta)

Il Consiglio dei ministri, (…)

1. decide di potenziare gli sforzi dell’OSCE intesi a prevenire la tratta dei minori (…) e a perse- guire coloro che commettono tale crimine (…)

3. concorda di rafforzare le iniziative per contrastare la domanda, ivi inclusa la lotta al turismo ses- suale a danno di minori. In tale contesto, invita altresì gli Stati partecipanti a considerare, tra l’altro, l’elaborazione di misure giuridiche intese a perseguire i loro cittadini nei casi di sfruttamento ses- 6 suale di minori, anche nel caso in cui tale sfruttamento abbia avuto luogo in un Paese diverso; (…)

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Bruxelles 2006 (Decisione N.14/06 sul potenziamento degli sforzi volti a combattere la tratta di esseri umani, incluso lo sfruttamento del lavoro, tramite un approccio globale e proattivo)

Il Consiglio dei ministri, (…)

2. sollecita gli Stati partecipanti a promuovere un approccio globale per combattere tutte le forme di tratta attraverso accordi nazionali, regionali e internazionali, attività di cooperazione e coor- dinamento fra il personale delle istituzioni preposte all’applicazione della legge, gli ispettorati del lavoro, i centri di assistenza sociale, le istituzioni sanitarie, i funzionari dei servizi per l’immigra- zione e di frontiera (…) e altri pertinenti attori, ivi incluso un approccio sensibile alle questioni attinenti alla parità fra i sessi. A tal fine, si raccomanda agli Stati partecipanti di istituire Mecca- nismi di riferimento nazionale (NRM), nonché di nominare coordinatori nazionali; (…)

6. incoraggia gli Stati partecipanti a combattere in modo più efficace la tratta di esseri umani a fini di sfruttamento del lavoro anche attraverso le seguenti misure: (…)

(g) condividendo le attuali migliori prassi operative delle indagini di polizia sulla tratta di esseri umani a fini di sfruttamento del lavoro, e assicurando che le forze di polizia impegnate in indagini su casi di tratta abbiano contatti regolari con le loro controparti in altre agenzie preposte al moni- toraggio delle condizioni di lavoro, come appropriato, e che adottino un approccio multidisci- plinare per individuare e tutelare i diritti delle vittime di tratta a fini di sfruttamento del lavoro; (…)

Madrid 2007 (Decisione N.8/07 sulla lotta alla tratta di esseri umani a fini di sfruttamento del lavoro)

Il Consiglio dei ministri, (…)

invita gli Stati partecipanti a: (…)

4. intraprendere maggiori sforzi e applicare procedure più efficaci per individuare le vittime della tratta e, a tal fine, prevedere la formazione e le risorse necessarie per gli ispettori del lavoro e, ove appropriato, intensificare le ispezioni in settori suscettibili di sfruttamento del lavoro; (…)

6. considerare la possibilità di concedere, in conformità alle leggi nazionali, una rappresentanza alternativa alle vittime delle tratta a fini di sfruttamento del lavoro in procedimenti in cui la vit- tima non sia in grado di farlo di persona; (…)

14. assicurare sanzioni effettive e adeguate per coloro che favoriscono la tratta a fini di sfrutta- mento del lavoro, inclusi i datori di lavoro che sfruttano tali circostanze;

15. assicurare sanzioni effettive qualora datori di lavoro o agenzie di collocamento creino situa- zioni di servitù per debiti;

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(…)

17. considerare la possibilità di far sì che gli appaltatori che si avvalgono consapevolmente di subap- paltatori coinvolti in situazioni di tratta a fini di sfruttamento del lavoro possano essere ritenuti responsabili di tale reato;

18. considerare la possibilità di svolgere attività di formazione per giudici, avvocati, funzionari di polizia e ispettori del lavoro in materia di tratta a fini di sfruttamento del lavoro sia dal punto di vista dell’azione penale che della tutela delle vittime e, a tale riguardo, assicurare, ove necessa- rio, che siano messe a disposizione risorse adeguate; (…)

Helsinki 2008 (Decisione N.5/08 sul potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale)

Il Consiglio dei ministri, (…)

reiterando la sua preoccupazione per il fatto che, nonostante le misure adottate con continuità a livello internazionale e nazionale, (…) pochi trafficanti sono stati assicurati alla giustizia,

riconoscendo che la prestazione di assistenza e protezione adeguate alle vittime di tratta di esseri umani nonché il potenziamento della capacità di individuare le vittime rappresentano presupposti necessari per una risposta efficace della giustizia penale alla tratta di esseri umani, incluso il per- seguimento dei trafficanti e dei loro complici,

ribadendo che l’impegno di contrastare tale crimine si applica indistintamente ai paesi di origine, transito e destinazione,

riaffermando il nostro appoggio agli sforzi intrapresi dagli Stati partecipanti in cooperazione con organizzazioni internazionali e regionali, organizzazioni non governative e altri pertinenti orga- nismi per considerare un approccio globale, coordinato e integrato volto a contrastare la tratta di esseri umani, che preveda, tra l’altro, misure per prevenire la tratta di esseri umani, (…) per- seguire i trafficanti, nonché per contrastare le attività di organizzazioni criminali transnazionali e di altra natura che traggono vantaggio dalla tratta di esseri umani, (…)

determinato a potenziare l’efficacia delle risposte della giustizia penale alla lotta alla tratta di esseri umani,

1. incoraggia gli Stati partecipanti, che non l’abbiamo ancora fatto, ad assicurare che tutte le forme di tratta di esseri umani come definite nel Piano di azione dell’OSCE siano perseguite penalmente 6 ai sensi delle loro legislazioni nazionali e che gli autori di reati di tratta non godano di impunità;

2. incoraggia gli Stati partecipanti ad assicurare che i programmi di studio del personale responsa- bile dell’applicazione della legge comprendano una formazione in materia di lotta alla tratta e che

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sia prevista una formazione specifica sulla lotta alla tratta per funzionari competenti che operano presso servizi nazionali preposti all’azione penale e nella magistratura. Ciascuno Stato parteci- pante terrà in considerazione le politiche e le implicazioni riguardanti la tratta di esseri umani nella formazione del suo personale militare e civile da dispiegare all’estero;

3. esorta gli Stati partecipanti ad assicurare che le autorità preposte all’applicazione della legge e, ove appropriato, la magistratura, cooperino fra loro e con altri organismi, compresi i servizi sociali e, ove appropriato, con pertinenti organizzazioni della società civile al fine di potenziare le capa- cità d’individuazione delle vittime di tratta;

4. incoraggia gli Stati partecipanti, ove appropriato e ove previsto dalle loro rispettive leggi, ad assi- curare che organizzazioni della società civile per la tutela dei diritti delle vittime di tratta abbiano la possibilità di prestare assistenza e sostegno alle vittime anche durante i procedimenti giudiziari penali e, in tale contesto, a considerare di avviare una cooperazione fra autorità preposte all’appli- cazione della legge e organizzazioni della società civile;

5. invita gli Stati partecipanti ad assicurare che, se le autorità hanno ragionevoli motivi di credere che una persona sia stata vittima di tratta, tale persona non venga espulsa finché la procedura di individuazione sia stata adeguatamente completata e sia stata prestata a tale persona adeguata assistenza, compresi, ai sensi della legge nazionale, un adeguato periodo di recupero e di rifles- sione durante il quale l’espulsione non sarà applicata; (…)

8. esorta gli Stati partecipanti che non l’abbiano ancora fatto ad assicurare che le indagini e le azioni penali relative alla tratta non siano subordinate alla presenza di dichiarazioni o accuse for- mulate dalle vittime;

9. invita gli Stati partecipanti a proseguire i loro sforzi volti ad assicurare che le vittime siano trat- tate in modo che sia rispettato il pieno godimento dei diritti umani senza intimidazioni o vessa- zioni, e sia riconosciuta la necessità della vittima di disporre di tempo sufficiente per riprendersi dal trauma;

10. incoraggia gli Stati partecipanti ad adottare misure in conformità alle condizioni previste dalle loro rispettive leggi affinché le vittime di tratta abbiano la possibilità di ottenere un indennizzo equo e adeguato per il danno subito e di ottenere un risarcimento durante il procedimento giudi- ziario penale e/o civile come appropriato;

11. chiede una maggiore cooperazione dei servizi preposti all’applicazione della legge e delle auto- rità preposte all’azione penale nazionali con pertinenti organismi internazionali, comprese l’In- terpol e l’Europol, e con servizi preposti all’applicazione della legge di altri Stati partecipanti, ad esempio, attraverso l’impiego di ufficiali di collegamento o squadre investigative congiunte, ove ciò potenzi l’efficacia e l’efficienza delle risposte della giustizia penale;

12. esorta gli Stati partecipanti ad intensificare le misure per sopprimere le reti di tratta, anche attraverso indagini finanziarie, indagini relative al riciclaggio di denaro riconducibile ad attività di tratta e il congelamento o il sequestro di beni dei trafficanti;

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13. incarica il Rappresentante speciale, nell’ambito delle risorse esistenti, di raccomandare, in coo- perazione con gli Stati partecipanti, misure per potenziare ulteriormente le risposte della giustizia penale alla tratta di esseri umani, riferendone regolarmente al Consiglio permanente.

Vilnius 2011 (Dichiarazione sulla lotta a tutte le forme di tratta di esseri umani) (…)

9. Riconosciamo la necessità di rafforzare le risposte della giustizia penale alla tratta di esseri umani, compresa l’azione penale nei confronti dei trafficanti e dei loro complici, assicurando al tempo stesso il rispetto dei diritti umani nei confronti delle vittime e il loro accesso alla giustizia, all’as- sistenza legale e a rimedi efficaci, nonché ad altri servizi, se necessario. Esamineremo tecniche investigative quali indagini finanziarie, miglioreremo lo scambio di informazioni relative a gruppi di criminali organizzati e promuoveremo l’applicazione della legge e la collaborazione giudiziaria a livello transfrontaliero al fine di poter individuare efficacemente sia i responsabili che le poten- ziali vittime della tratta di esseri umani. (…)

13. Riconosciamo che è necessario rafforzare i sistemi di tutela dei minori per contribuire in modo efficace a prevenire, individuare e rispondere alla tratta di minori in tutte le sue forme, fornire ade- guata assistenza e protezione (…) dei minori vittime della tratta o a rischio di divenirne oggetto, anche attraverso servizi e misure appropriati per il loro benessere fisico e psicologico, nonché della loro istruzione, riabilitazione e reintegrazione.

Kiev 2013 (Dichiarazione ministeriale sul rafforzamento delle iniziative dell’OSCE per far fronte alle minacce transnazionali)

Noi, membri del Consiglio dei ministri dell’OSCE, riconoscendo il carattere evolutivo delle minacce transnazionali nella regione dell’OSCE e al di fuori di essa, nonché la necessità di fornire risposte internazionali collettive ed efficaci, coordinate e fondate su un approccio transdimensionale (…),

lodiamo le attività intraprese dagli Stati partecipanti all’OSCE volte a rafforzare la cooperazione per fronte alle minacce transnazionali in settori come la lotta al terrorismo, alla criminalità orga- nizzata, alla tratta di esseri umani (…), nonché per l’elaborazione di misure di rafforzamento della fiducia (CBM) (…), che insieme hanno contribuito ad accrescere il profilo dell’OSCE nella lotta contro le minacce transnazionali; (…)

incoraggiamo gli Stati partecipanti all’OSCE e le pertinenti strutture esecutive, nell’ambito dei loro mandati e delle procedure stabilite, a intensificare gli sforzi per raggiungere una maggiore unità di intenti e di azione nel far fronte alle minacce transnazionali attuali ed emergenti e a continuare il dialogo in questo campo, anche nel quadro di conferenze tematiche mirate e orientate ai risul- tati in tutta la regione dell’OSCE, se del caso, e preferibilmente con cadenza annuale;

invitiamo gli Stati partecipanti all’OSCE, ove necessario con il sostegno delle pertinenti strutture esecutive dell’OSCE, a sviluppare ulteriormente la cooperazione con le Nazioni Unite e con altre pertinenti organizzazioni internazionali e regionali, sulla base della Piattaforma per la sicurezza 6 cooperativa del 1999, nonché con i Partner OSCE mediterranei e asiatici per la cooperazione, al fine di rafforzare ulteriormente la capacità dell’OSCE di contrastare le minacce transnazionali, anche con il coinvolgimento della società civile.

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Basilea 2014 (Decisione N.7/14 sulla prevenzione e la lotta alla violenza contro le donne) (…)

(D) Procedimenti giudiziari

7. Incoraggia gli Stati partecipanti a:

rafforzare gli sforzi volti a indagare, perseguire e punire gli autori di tutte le forme di violenza con- tro le donne e fornire alle vittime protezione e rimedi appropriati;

Vienna 2017 (Decisione N.6/17 sul potenziamento degli sforzi volti a prevenire la tratta di esseri umani) (…)

3. invita tutti gli Stati partecipanti dell’OSCE che non lo abbiano già fatto a prendere in considera- zione misure giuridiche che consentano di perseguire i loro cittadini per gravi reati sessuali con- tro minori, anche quando siano commessi in un altro paese;

4. invita gli Stati partecipanti dell’OSCE a prevenire ogni forma di tratta di minori e di sfrutta- mento sessuale di minori, anche nelle destinazioni turistiche, attraverso campagne d’informazione e sensibilizzazione, e a cooperare con il settore privato e la società civile al fine di sensibilizzare l’industria del turismo al problema, nonché con viaggiatori d’affari e turisti per contribuire a eli- minare lo domanda che alimenta la tratta di minori e lo sfruttamento sessuale di minori;

5. invita gli Stati partecipanti dell’OSCE a rafforzare la cooperazione e il coordinamento tra le auto- rità competenti, quali le forze di polizia e i servizi per l’immigrazione e frontalieri degli Stati par- tecipanti, i Partner per la cooperazione e gli Stati di destinazione fuori dalla regione dell’OSCE, anche attraverso l’adozione di misure in piena conformità con le legislazioni nazionali e i quadri nazionali e internazionali per la protezione dei dati personali, quali ad esempio: (a) l’adozione di misure amministrative aggiuntive relative ai perpetratori, come ad esempio l’i- scrizione a un registro di autori di reati sessuali di persone condannate per sfruttamento o abuso sessuale di minori, come appropriato;

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(b) ove pertinente, un meccanismo transnazionale per lo scambio e/o la ricezione di informazioni tra le forze di polizia e/o le autorità giudiziarie riguardanti persone condannate per sfruttamento o abuso sessuale di minori;

6. invita gli Stati partecipanti a perseguire i trafficanti di esseri umani e gli autori di sfruttamento sessuale di minori, inclusi coloro che usano indebitamente le tecnologie dell’informazione e della comunicazione per reclutare minori o facilitano contatti con minori allo scopo di renderli oggetto di tratta o sfruttamento sessuale, e a imporre sanzioni che siano realmente dissuasive e commi- surate al reato;

7. invita gli Stati partecipanti che non lo abbiano già fatto a promuovere l’attuazione di tecnologie di verifica dell’età al fine di limitare l’accesso di minori a siti web pornografici;

9. invita gli Stati partecipanti a condividere dati, come appropriato e proteggendo nel contempo i dati personali da usi illegali, concernenti la tratta di minori e lo sfruttamento sessuale di minori con la Banca dati internazionale di immagini relative allo sfruttamento sessuale di bambini dell’In- terpol (ICSE) che funge da centro per l’individuazione delle vittime a livello mondiale e che può altresì contribuire a individuare i trafficanti e i loro collaboratori e rintracciare i flussi finanziari per smantellare le reti criminali;

10. invita gli Stati partecipanti a promuovere ulteriormente attività di formazione specializzata sulle tecnologie dell’informazione e della comunicazione per funzionari di frontiera, funzionari di poli- zia, giudici, procuratori, funzionari addetti all’immigrazione e altri funzionari pertinenti nonché insegnanti e personale medico, come appropriato, per combattere ogni forma di tratta di minori nonché altre forme di sfruttamento sessuale di minori;

11. incoraggia gli Stati partecipanti a sensibilizzare l’opinione pubblica sulle vulnerabilità dei minori nei flussi migratori a ogni forma di tratta di minori, anche a fini di sfruttamento ses- suale, nonché ad altre forme di sfruttamento sessuale, ad accrescere la capacità e ampliare il rag- gio di azione degli operatori di primo intervento di individuare i minori vittime di tratta e di altre forme di sfruttamento sessuale, e a garantire loro protezione e, ove necessario, assistenza e il rin- vio a centri di assistenza legale, nonché rimedi efficaci e altri servizi a seconda dei casi, in linea con le pertinenti disposizioni dell’Addendum del 2013 al Piano di azione dell’OSCE per la lotta alla tratta di esseri umani;

Milano 2018, (Decisione N.6/18 sul potenziamento degli sforzi volti a prevenire e combattere la tratta di bambini, inclusi i minori non accompagnati) (…)

9. incoraggiare le autorità preposte all’applicazione della legge o altre autorità competenti, a seconda dei casi, a cooperare raccogliendo e scambiando informazioni, conformemente alle rispettive legi- 6 slazioni nazionali, anche per quanto riguarda la protezione dei dati personali, sui minori vittime di tratta e su coloro che rischiano di essere vittime della tratta di esseri umani, al fine di raffor- zare la loro protezione e affrontare la questione dei minori scomparsi;

327 6.2.3 Tutela delle vittime e assistenza

10. rafforzare la cooperazione nazionale, regionale e internazionale per prevenire e combattere la tratta dei minori, in particolare per quanto riguarda la segnalazione e la condivisione di infor- mazioni sui minori vittime della tratta, compresi quelli non accompagnati, conformemente alle rispettive legislazioni nazionali, anche per quanto riguarda la protezione dei dati personali;

11. prendere in considerazione la nomina di un responsabile nazionale a cui i funzionari di altri paesi possano rivolgersi per richieste di informazioni sui minori vittime della tratta, compresi quelli scomparsi e/o quelli che intendono ritornare nei rispettivi paesi di origine;

12. promuovere gli sforzi volti a prevenire la tratta di bambini, contrastando la cultura dell’impunità e riducendo e affrontando la questione della domanda che favorisce tutte le forme di sfruttamento;

6.2.3 Tutela delle vittime e assistenza

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

24. Adotteremo misure per (…) porre fine alle violenze perpetrate contro le donne e i bambini nonché allo sfruttamento sessuale e a tutte le forme di traffico di esseri umani. Al fine di preve- nire detti crimini (…) [miglioreremo] (…) la tutela delle vittime.

Vienna 2000 (Decisione sull’intensificazione degli sforzi dell’OSCE nella lotta contro il traffico di esseri umani)

Il Consiglio dei ministri, (…)

3. riconosce la primaria responsabilità degli Stati partecipanti nella lotta contro il traffico in base ad un approccio integrato e coordinato che comprende (…) la tutela delle vittime (…); (…)

9. si impegna ad intraprendere le misure necessarie, anche adottando e applicando leggi che cri- minalizzino il traffico di esseri umani (…). Tali leggi dovranno prendere in considerazione un approccio al problema del traffico conforme ai diritti umani e includere disposizioni per la tutela dei diritti umani delle vittime, assicurando che queste ultime non debbano essere perseguite per il semplice fatto di essere state oggetto di traffico;

10. considererà l’adozione di misure legislative o di altre misure appropriate, quale la disponibi- lità di rifugi che permettano alle vittime del traffico di persone di rimanere, in casi appropriati, nei loro territori temporaneamente o permanentemente; misure che stabiliscano adeguate pro- cedure di rimpatrio per le vittime del traffico con particolare riguardo alla loro incolumità e che prevedano anche il rilascio dei documenti necessari, nonché misure che sviluppino politiche con- cernenti la concessione di benefici economici e sociali alle vittime e la loro riabilitazione e rein- tegrazione nella società;

Porto 2002 (Dichiarazione sul traffico di esseri umani)

Ci adopereremo al fine di fornire assistenza e tutela alle vittime del traffico, in particolar modo donne e bambini, e a tal fine, ove opportuno, di istituire meccanismi nazionali di riferimento efficaci e globali, che assicurino che le vittime del traffico non siano perseguibili solo per il fatto

328 6.2.3 Tutela delle vittime e assistenza

di essere state oggetto di traffico. La dignità e i diritti umani delle vittime devono essere rispet- tati in ogni momento. (…)

Riconosciamo che una cooperazione più intensa tra i principali attori nei paesi di origine, transito e destinazione svolge un ruolo fondamentale nei programmi di rimpatrio delle vittime del traffico e ne facilita il reinserimento. Incoraggiamo pertanto tutte le organizzazioni che forniscono assi- stenza alle vittime, incluse le ONG, a sviluppare ulteriormente tale cooperazione.

Prenderemo in considerazione l’adozione di misure legislative e di altra natura che consentano alle vittime del traffico di rimanere nel nostro territorio, temporaneamente o permanentemente, laddove appropriato, tenendo conto degli aspetti umanitari e assistenziali.

Maastricht 2003 (Annesso alla Decisione N.2/03 sulla lotta alla tratta di esseri umani; Piano di azione OSCE per la lotta alla tratta di esseri umani)

V. Protezione e assistenza (…)

1. Raccolta di dati e ricerca 1.1 Raccogliere dati mediante lo scambio e l’analisi delle prassi migliori e di altre informazioni riguardanti l’efficace protezione e assistenza alle vittime della tratta di esseri umani negli Stati partecipanti all’OSCE.

2. Misure legislative 2.1 Considerare la necessità di adottare una legislazione che fornisca la base giuridica per prestare assistenza e protezione alle vittime della tratta di esseri umani, in particolare durante le indagini preliminari e nei procedimenti giudiziari. 2.2 Ratificare o accedere e attuare pienamente il Protocollo delle Nazioni Unite per la preven- zione, la repressione e la punizione della tratta di esseri umani, in particolare donne e bambini, che integra la Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale.

3. Meccanismi di riferimento nazionale (NRM)* 3.1 Istituire meccanismi nazionali di riferimento con la creazione di un quadro cooperativo in cui gli Stati partecipanti adempiano ai loro obblighi per tutelare e promuovere i diritti umani delle vittime della tratta di esseri umani in coordinamento e partnership strategica con la società civile e altri attori che operano in tale campo. 3.2 Fornire una guida per facilitare l’accurata individuazione e un trattamento adeguato delle vit- time della tratta di esseri umani, in modo da rispettare i pareri e la dignità delle persone interessate. 3.3 Unire gli sforzi degli organi preposti all’applicazione della legge, incluse le unità anti-tratta di esseri umani speciali e la polizia a livello locale, i funzionari addetti alle migrazioni e i servizi di frontiera, le unità di tutela sociale, le istituzioni sanitarie, nonché le ONG e altre istituzioni della società civile quali principali attori da coinvolgere nelle attività degli NRM.

6 * Il Manuale ODIHR sulle linee guida e i principi per definire e attuare i meccanismi nazionali di riferimento può servire quale utile fonte di consulenza e informazione sul ruolo degli NRM nella prestazione di assistenza e protezione delle vittime della tratta di esseri umani

329 6.2.3 Tutela delle vittime e assistenza

3.4 Istituire meccanismi adeguati per armonizzare l’assistenza alle vittime con le azioni investi- gative e giudiziarie. 3.5 Dedicare particolare attenzione alla necessità di intensificare la cooperazione fra la polizia e le ONG nell’individuare, informare e proteggere le vittime della tratta di esseri umani. 3.6 Collegare le attività degli NRM con quelle degli organi interministeriali, dei coordinatori nazionali, delle ONG e di altre istituzioni nazionali pertinenti per costituire un nucleo intersetto- riale e multidisciplinare capace di sviluppare e monitorare l’attuazione delle politiche anti-tratta di esseri umani.

4. Alloggi protetti 4.1 Costituire alloggi protetti, gestiti da organi governativi, ONG o altre istituzioni della società civile per affrontare le necessità delle persone vittime della tratta; tali centri si propongono di garan- tire la sicurezza, l’accesso a consulenze indipendenti in una lingua conosciuta dalla vittima, l’as- sistenza sanitaria di pronto soccorso e l’opportunità di un periodo di riflessione dopo il trauma subito. Gli alloggi possono essere costituiti utilizzando strutture già esistenti come i centri di acco- glienza per le donne. 4.2 Assicurare l’accesso agli alloggi protetti a tutte le vittime della tratta di esseri umani, indipen- dentemente dalla loro disponibilità a cooperare con le autorità nelle indagini. 4.3 Dedicare particolare attenzione per garantire la sicurezza del personale di tali centri, la riser- vatezza delle informazioni ottenute, nonché l’incolumità e la privacy delle vittime della tratta di esseri umani. 4.4 Utilizzare gli alloggi protetti per assicurare le opportunità di formazione delle vittime della tratta di esseri umani in modo da facilitare il reinserimento, l’occupazione e l’indipendenza futuri, nonché migliorare le loro capacità complessive dopo il trauma subito.

5. Rilascio di documenti 5.1 Assicurare il rilascio di documenti, se necessario, come prima misura per chiarire l’identità e lo status della vittima nei Paesi di destinazione, rendendo così possibile procedere con diverse opzioni di assistenza nei casi appropriati, quali il rimpatrio, preferibilmente volontario, il rilascio di permessi di residenza temporanei o permanenti e/o la legalizzazione dell’impiego. 5.2 Intensificare la cooperazione fra gli organi preposti all’ordine pubblico nei Paesi di origine, di transito e destinazione e i funzionari responsabili di tutte le istituzioni coinvolte nel ripristino dei diritti delle vittime della tratta di esseri umani, incluso il personale delle ambasciate e dei con- solati degli Stati partecipanti al fine di facilitare la verifica tempestiva dei dati personali ed evitare ritardi indebiti o eccessivi. 5.3 Informare le vittime identificate della tratta di esseri umani del loro diritto di accedere alle rappresentanze diplomatiche e consolari del Paese di cui sono cittadini.

6. Prestazione di assistenza sociale 6.1 Sviluppare programmi di assistenza sociale e di integrazione, inclusa la consulenza giuridica in una lingua conosciuta dalla vittima, l’assistenza sanitaria e psicologica e l’accesso alle cure medi- che, rese disponibili negli alloggi protetti o in altre istituzioni pertinenti. 6.2 Considerare, qualora non incompatibili con la legislazione nazionale, misure giuridiche per consentire che i beni confiscati siano utilizzati per sovvenzionare il finanziamento governativo dei programmi che riguardano le esigenze delle vittime della tratta di esseri umani e compensare le vittime secondo la gravità del crimine commesso nei loro confronti.

330 6.2.3 Tutela delle vittime e assistenza

7. Rimpatrio, riabilitazione e reinserimento 7.1 Assistere le vittime della tratta di esseri umani nel rimpatrio, preferibilmente, volontario nel Paese di origine con riguardo alla loro incolumità e a quella dei loro familiari, e senza ritardi inde- biti o eccessivi. 7.2 Assicurare il regolare svolgimento di tutte le pratiche di rientro e trasferimento tenendo conto di un approccio umanitario e comprensivo. 7.3 Mirare a contribuire alla riabilitazione e al reinserimento sociale delle vittime della tratta di esseri umani assicurando loro agevolazioni sociali ed economiche. 7.4 Incrementare la sensibilizzazione dei media circa la necessità di salvaguardare la privacy evi- tando di rendere pubblica l’identità delle vittime della tratta di esseri umani o la pubblicazione di informazioni riservate nocive per la sicurezza delle vittime o per la causa della giustizia nei pro- cedimenti penali.

8. Concessione di un periodo di riflessione e di permessi di residenza temporanei o permanenti 8.1 Considerare l’introduzione di un periodo di riflessione per assicurare alla vittima il tempo necessario per decidere se rendere o meno testimonianza. 8.2 Considerare caso per caso, se appropriato, il rilascio di permessi di residenza temporanei o per- manenti, tenendo conto di fattori quali i rischi potenziali per l’incolumità delle vittime. 8.3 Considerare, se del caso, il rilascio di permessi di lavoro alle vittime durante la loro perma- nenza nel Paese di accoglienza.

9. Tutela del diritto di richiesta di asilo 9.1 Assicurare che le leggi, le politiche, i programmi e gli interventi anti-tratta di esseri umani non pregiudichino il diritto di tutte le persone, incluse le vittime della tratta di esseri umani, di chie- dere e godere dell’asilo in quanto perseguitati, conformemente al diritto internazionale sui rifu- giati, in particolare tramite l’effettiva applicazione del principio di non-refoulement.

10. Tutela del fanciullo 10.1 Assicurare che le particolari esigenze dei fanciulli e i loro interessi siano pienamente presi in considerazione quando si decide in merito ad alloggio, istruzione e cure adeguati. In casi appro- priati, qualora non esista una minaccia diretta all’incolumità dei fanciulli, assicurare loro l’accesso al sistema di istruzione statale. 10.2 Decidere il rimpatrio di un fanciullo vittima della tratta di esseri umani soltanto dopo avere preso in considerazione tutte le circostanze del caso specifico e se esiste nel Paese di origine una famiglia o un’istituzione speciale che possa assicurare al fanciullo l’incolumità, la tutela, la riabi- litazione e il reinserimento. 10.3 Considerare le disposizioni enunciate nelle Direttive sulla protezione di minori non accom- pagnati dell’Alto Commissario delle Nazioni Unite per i rifugiati nell’elaborare le politiche desti- nate a tale gruppo a rischio, e in particolare per coloro che non possiedono documenti di identità. 10.4 Utilizzare accordi bilaterali e/o regionali sui principi fondamentali di una buona accoglienza di fanciulli non accompagnati al fine di unire le iniziative destinate alla tutela dei fanciulli. 10.5 Ratificare o accedere al Protocollo opzionale della Convenzione dei diritti del fanciullo, sulla vendita di fanciulli, la prostituzione e la pornografia infantile, e attuarlo pienamente. 6

331 6.2.3 Tutela delle vittime e assistenza

14. Formazione (…)

14.2 Incaricare l’ODIHR di raccogliere e diffondere informazioni sulle misure, i programmi e i materiali di formazione già disponibili negli Stati partecipanti all’OSCE.

15. Misure legislative 15.1 In coordinamento con l’Ufficio delle Nazioni Unite per le droghe e la criminalità, il Consi- glio d’Europa e altri attori pertinenti, l’ODIHR continuerà ad assistere gli Stati partecipanti, su loro richiesta, per adeguare la loro legislazione nazionale in osservanza delle norme e degli stan- dard internazionali, in particolare promuovendo un approccio umanitario e comprensivo alle vit- time della tratta di esseri umani.

Sofia 2004 (Decisione N.13/04 sulle esigenze specifiche di tutela e di assistenza dei minori vittime di tratta)

Il Consiglio dei ministri, (…)

1. decide di potenziare gli sforzi dell’OSCE intesi a prevenire la tratta dei minori, a tutelare e assi- stere i bambini vittime di tratta (…);

Bruxelles 2006 (Decisione N.14/06 sul potenziamento degli sforzi volti a combattere la tratta di esseri umani, incluso lo sfruttamento del lavoro, tramite un approccio globale e proattivo)

Il Consiglio dei ministri, (…)

4. sollecita gli Stati partecipanti, in cooperazione con organizzazioni internazionali e ONG, ove appropriato, ad adoperarsi per ridurre il rischio che le vittime rimpatriate tornino ad essere oggetto di tratta, considerando in particolare i fattori che rendono le persone più esposte alla tratta di esseri umani, come la povertà, la discriminazione, la mancanza di accesso all’istruzione e alle opportu- nità economiche, l’abuso sessuale e la violenza domestica, e svolgendo valutazioni dei rischi per assicurare che il rimpatrio delle vittime avvenga con debito riguardo alla loro sicurezza;

332 6.2.3 Tutela delle vittime e assistenza

5. sottolinea l’importanza di assicurare alle vittime della tratta un effettivo accesso alla giusti- zia, anche nei settori della consulenza e delle informazioni sui loro legittimi diritti in una lingua a loro comprensibile, nonché di offrire loro la possibilità di ottenere un risarcimento per i danni subiti, e invita gli Stati partecipanti ad attuare i loro obblighi ai sensi delle disposizioni della Con- venzione ONU contro la criminalità organizzata transnazionale (Convenzione di Palermo) e il suo Protocollo aggiuntivo per prevenire, reprimere e punire la tratta di esseri umani, in partico- lare di donne e bambini; (…)

Madrid 2007 (Decisione N.8/07 sulla lotta alla tratta di esseri umani a fini di sfruttamento del lavoro)

Il Consiglio dei ministri, (…)

invita gli Stati partecipanti a:

1. garantire che le vittime della tratta a fini di sfruttamento del lavoro abbiano accesso alla giustizia;

2. concedere, in conformità alle leggi nazionali e agli obblighi internazionali, un periodo di rifles- sione nonché permessi di residenza temporanei o permanenti alle vittime della tratta; prevedere la concessione di permessi di lavoro durante la loro permanenza e informarle sull’esistenza di tali opportunità;

3. assicurare assistenza alle vittime della tratta a fini di sfruttamento del lavoro, con particolare riguardo a questioni quali l’accesso ad alloggi protetti, le cure mediche, l’assistenza legale e l’as- sistenza sociale, tenendo conto delle raccomandazioni esposte nella Parte V del Piano di azione dell’OSCE per la lotta alla tratta di esseri umani e nel suo Addendum “Affrontare le esigenze spe- cifiche di tutela e assistenza dei minori vittime della tratta”, e informarle in merito alla disponi- bilità di tali servizi;

7. considerare la possibilità di elaborare o rafforzare la loro legislazione in cui sia prevista per le vit- time della tratta a fini di sfruttamento del lavoro la possibilità di ottenere un risarcimento del danno subito, inclusa, ove appropriato, la restituzione di retribuzioni loro spettanti; 6 8. accrescere la cooperazione e l’interazione multiagenzia su questioni attinenti alla tratta ai fini di sfruttamento del lavoro fra funzionari del lavoro e dell’immigrazione, polizia, magistratura e addetti ai servizi sociali, anche attraverso la creazione o il rafforzamento, ove appropriato, dei mec- canismi di rinvio raccomandati nel Piano di azione dell’OSCE per la lotta alla tratta di esseri umani;

333 6.2.3 Tutela delle vittime e assistenza

9. assicurare che organizzazioni della società civile che prestano legalmente assistenza a vittime della tratta a fini di sfruttamento del lavoro non siano svantaggiate o criminalizzate per la natura stessa della loro attività;

10. prevedere la possibilità, conformemente ai principi fondamentali dei loro sistemi giuridici e ove appropriato, di non perseguire penalmente le vittime per il loro coinvolgimento in attività illegali, nella misura in cui esse vi siano state costrette; (…)

21. accrescere la cooperazione a livello internazionale condividendo informazioni e migliori prassi sulla lotta alla tratta a fini di sfruttamento del lavoro e valutando i modi per rafforzare la (…) pro- tezione delle vittime e dell’assistenza al reinserimento in caso di rimpatrio; (…)

Helsinki 2008 (Decisione N.5/08 sul potenziamento delle risposte della giustizia penale alla tratta di esseri umani attraverso un approccio globale)

Il Consiglio dei ministri, (…)

reiterando la sua preoccupazione per il fatto che, nonostante le misure adottate con continuità a livello internazionale e nazionale, il numero delle vittime di tratta individuate e assistite resta limitato (…), (…)

334 6.2.3 Tutela delle vittime e assistenza

6. incoraggia gli Stati partecipanti ad assicurare che le vittime di tratta abbiano immediato accesso ad un alloggio sicuro, a cure mediche e psicologiche e a consigli riguardanti i diritti che la legge riconosce loro e i servizi messi a loro disposizione;

Vilnius 2011 (Dichiarazione sulla lotta a tutte le forme di tratta di esseri umani) (…)

10. Riconosciamo la necessità di adottare misure adeguate per assicurare, ove necessario, che le vittime della tratta individuate non siano penalizzate per essere state coinvolte in attività ille- gali, nella misura in cui vi siano state costrette. Esortiamo gli Stati partecipanti ad attuare misure globali e appropriate per offrire assistenza alle vittime della tratta di persone.

11. Rinnoveremo gli sforzi volti a individuare e assistere le vittime della tratta, tenendo conto in modo particolare delle popolazioni vulnerabili. Se necessario, promuoveremo campagne di sensi- bilizzazione rivolte alle persone a rischio di tratta, che affrontino i fattori sociali, economici, cultu- rali, politici e di altra natura che contribuiscono a rendere tali persone vulnerabili. Accresceremo e sosterremo le iniziative di prevenzione, concentrandoci sulla domanda che favorisce qualsiasi forma di tratta e sui beni e servizi che derivano dalla tratta di persone.

12. Riconosciamo il ruolo importante delle organizzazioni della società civile a favore delle vit- time della tratta, fornendo loro assistenza e la possibilità di prendere coscienza dei propri diritti.

13. Riconosciamo che è necessario rafforzare i sistemi di tutela dei minori per contribuire in modo efficace a prevenire, individuare e rispondere alla tratta di minori in tutte le sue forme, fornire adeguata assistenza e protezione nel superiore interesse dei minori vittime della tratta o a rischio di divenirne oggetto, anche attraverso servizi e misure appropriati per il loro benessere fisico e psi- cologico, nonché della loro istruzione, riabilitazione e reintegrazione.

335 6.2.3 Tutela delle vittime e assistenza

Basilea 2014 (Decisione N.7/14 sulla prevenzione e la lotta alla violenza contro le donne) (…)

5. Incoraggia gli Stati partecipanti a:

promuovere programmi e attività che conferiscano poteri e forniscano sostegno alle donne vit- time di violenza.

6. Incarica le strutture esecutive dell’OSCE, nell’ambito dei loro mandati, di:

assistere gli Stati partecipanti, su loro richiesta, per rafforzare le loro capacità di protezione delle vittime di tutte le forme di violenza contro le donne;

facilitare lo scambio fra gli Stati partecipanti di informazioni, esperienze e migliori prassi rela- tive alla protezione;

fornire assistenza tecnica agli Stati partecipanti che la richiedano, attraverso l’organizzazione di ser- vizi di sostegno, quali linee telefoniche di emergenza, centri di crisi etc.;

Vienna 2017 (Decisione N.6/17 sul potenziamento degli sforzi volti a prevenire la tratta di esseri umani) (…)

336 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

2. incoraggia gli Stati partecipanti ad adottare un approccio incentrato sulla vittima e consape- vole dei suoi traumi che tenga conto delle problematiche di genere specifiche di maschi e femmine negli interessi superiori dei minori e che rispetti pienamente i diritti umani e le libertà fondamen- tali dei minori oggetto di tratta o di sfruttamento sessuale; (…)

6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

Si veda anche: II. 6.2: Prevenzione della tratta di esseri umani II. 6.4: Prevenzione del terrorismo

Parigi 1990 (Una nuova era di democrazia, pace e unità)

Ci uniremo (…) per combattere il traffico illecito degli stupefacenti.

Helsinki 1992 (Dichiarazione del Vertice)

27. Il traffico illecito della droga rappresenta un pericolo per la stabilità delle nostre società e delle istituzioni democratiche. Opereremo insieme al fine di rafforzare tutte le forme di cooperazione bilaterale e multilaterale nella lotta contro il traffico illecito della droga e altre forme di crimine organizzato internazionale.

Bucarest 2001 (Dichiarazione del Consiglio dei ministri)

4. (…) La criminalità organizzata, il traffico illecito di droga e armi e il traffico di esseri umani pregiudicano la sicurezza, l’economia e la struttura sociale di tutti gli Stati partecipanti. Il Con- siglio dei Ministri appoggia l’intensificazione degli sforzi e una maggiore cooperazione interna- zionale per affrontare tali sfide e sollecita gli Stati partecipanti, che non l’abbiano ancora fatto, ad accedere alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e ai relativi Protocolli. 6 Porto 2002 (Dichiarazione sul traffico di esseri umani)

337 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

e di armi, nonché quello di migranti. Tale cooperazione comprenderà gli organi preposti all’appli- cazione del diritto internazionale, quali Europol ed Interpol, nonché l’Iniziativa di Cooperazione per l’Europa sudorientale (SECI) (…).

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

31. L’OSCE intensificherà le sue attività volte a combattere la criminalità organizzata. Riunioni regolari di esperti di polizia degli Stati partecipanti all’OSCE e di rappresentanti di altre compe- tenti organizzazioni internazionali e regionali specializzate costituirebbero un importante con- tributo a tale riguardo. (…) Il Documento OSCE sulle SALW rimane uno strumento chiave per la lotta alla tratta di esseri umani e alla proliferazione di SALW in tutti i suoi aspetti. E la relativa attuazione verrà ulteriormente potenziata. L’OSCE proseguirà gli sforzi di collaborazione già intra- presi con l’UNODC, allo scopo di affrontare la questione del traffico di stupefacenti che richiede l’elaborazione di un approccio internazionale esauriente.

32. L’Unità strategica per le questioni di polizia è stata istituita per migliorare la capacità degli Stati partecipanti di affrontare le minacce costituite dall’attività criminale e di prestare loro assistenza nel sostenere lo stato di diritto. L’obiettivo è potenziare le capacità principali della polizia, com- preso il rispetto dei diritti dell’uomo e delle libertà fondamentali. L’OSCE, su richiesta degli Stati partecipanti, si focalizzerà maggiormente sull’assistenza alle autorità, anche a livello locale, sulla lotta alla criminalità e alle reti criminali, definendo e sviluppando altresì le competenze fonda- mentali delle attività di polizia, come le attività di formazione e di potenziamento delle capacità.

33. L’OSCE intensificherà i propri sforzi volti ad affrontare problemi quali il traffico di migranti e la migrazione illegale.

34. Al fine di prevenire e combattere la corruzione in tutte le sue forme è necessario un approc- cio globale e multidisciplinare. L’OSCE, in stretto coordinamento con l’UNODC e con altre com- petenti organizzazioni internazionali e istituzioni finanziarie, contribuirà a ridurre la corruzione in tutta la sua regione.

L’OSCE è impegnata ad affrontare tali problemi e a potenziare la sua capacità di promuovere frontiere aperte e sicure, anche tramite l’elaborazione di un Concetto OSCE per la sicurezza e la gestione delle frontiere, al fine di migliorare il potenziamento delle capacità e la proficua cooperazione tra Stati.

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

2. Gli Stati partecipanti all’OSCE riconfermano gli obblighi e gli impegni assunti in materie ine- renti alle frontiere a tutti i livelli: (…)

338 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

riserve e che vengono interpretati singolarmente tenendo conto di tutti gli altri. Gli Stati parte- cipanti riconfermano i principi e gli impegni contenuti nel Documento di Copenaghen del 1990, nel Documento di Helsinki del 1992 e nella Carta per la sicurezza europea del 1999 e richiamano i piani d’azione, le decisioni ed altri pertinenti documenti concordati in seno all’OSCE che affron- tano le questioni inerenti alle frontiere. In particolare, il potenziamento delle capacità dell’OSCE di promuovere confini aperti e sicuri e il rafforzamento della cooperazione vicendevolmente utile fra gli Stati sono strumenti appropriati per affrontare le minacce (…) della criminalità organiz- zata (…) e dei traffici illeciti di armi e di droga, nonché della tratta di esseri umani, come enun- ciato nel paragrafo 35 della Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo; (…)

4.3 prevenire e reprimere la criminalità organizzata transnazionale, l’immigrazione clandestina, la corruzione, il contrabbando, il traffico di armi e di stupefacenti, nonché la tratta di esseri umani;

Lubiana 2005 (Decisione N.3/05 sulla lotta alla criminalità organizzata transnazionale)

Il Consiglio dei ministri, (…) • sottolineando l’esistenza di legami tra la criminalità organizzata transnazionale e altre minacce, come la droga, il terrorismo, il commercio illecito di armi di piccolo calibro e leggere, nonché di materiali e tecnologie sensibili, la tratta di esseri umani, il traffico di migranti, la crimina- lità cibernetica, la corruzione e la migrazione clandestina nel contesto della criminalità orga- nizzata e il riciclaggio di denaro, • riconoscendo che la Convenzione delle Nazioni Unite contro la criminalità organizzata transna- zionale, adottata il 15 novembre 2000 a New York dall’Assemblea generale delle Nazioni Unite, unitamente ai suoi Protocolli, rappresenta un importante passo in avanti nel contesto della coo- perazione internazionale contro la criminalità organizzata transnazionale e offre l’opportunità di una risposta globale al riguardo, • prendendo atto dei lavori in corso in seno all’OSCE nei settori connessi con la lotta alla crimi- nalità organizzata, • con la convinzione che il concetto di sicurezza globale dell’OSCE sia particolarmente idoneo a potenziare la capacità di tutti gli Stati partecipanti di far fronte alla minaccia della crimina- lità organizzata e che l’OSCE possa offrire un contesto adeguato per promuovere la lotta alla criminalità organizzata, nonché prendendo atto dell’importante lavoro svolto da pertinenti organizzazioni e istituzioni internazionali, in particolare dall’Ufficio delle Nazioni Unite con- tro la droga e il crimine, • sollecita gli Stati partecipanti a potenziare la cooperazione reciproca, nonché con l’UNODC, con il Consiglio d’Europa e con altre organizzazioni internazionali pertinenti; 6 • invita gli Stati partecipanti all’OSCE che non l’abbiano ancora fatto a esaminare la possibilità di aderire alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazio- nale, adottata il 15 novembre 2000 a New York dall’Assemblea generale delle Nazioni Unite, nonché ai suoi Protocolli, e a dare piena attuazione ai loro obblighi ai sensi di tali strumenti;

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• incarica il Segretario generale di fornire agli Stati partecipanti che lo richiedano il sostegno necessario per mobilizzare l’assistenza tecnica delle pertinenti organizzazioni internazionali, ivi incluse le necessarie risorse e competenze, al fine di dare attuazione alla Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e ai suoi Protocolli, a sostegno della Conferenza delle Parti e dell’UNODC e in stretta consultazione con essi; • ricorda che la prevenzione e la lotta alla criminalità organizzata richiedono un approccio coe- rente da parte degli Stati partecipanti, al fine di promuovere l’attuazione della legislazione e dei programmi nazionali pertinenti, in particolare nel campo della giustizia penale, nel rispetto dello stato di diritto e degli impegni assunti dagli Stati partecipanti all’OSCE; • incarica il Consiglio permanente di proseguire le attività di cooperazione fra gli Stati parteci- panti e di elaborare, con l’appoggio del Segretario generale e delle pertinenti istituzioni dell’O- SCE, possibili misure e forme di assistenza che potrebbero essere messe a disposizione degli Stati partecipanti che ne facciano richiesta, finalizzate a migliorare e a promuovere il funzionamento dei sistemi di giustizia penale, compresa la legislazione, l’applicazione della legge, i procedimenti giudiziari, l’amministrazione della giustizia, la cooperazione giudiziaria internazionale, anche in materia di estradizione, nonché il sistema penale, in consultazione con l’UNODC, con il Con- siglio d’Europa e con altre organizzazioni internazionali pertinenti; (…)

Bruxelles 2006 (Decisione N.5/06 sulla criminalità organizzata)

Il Consiglio dei ministri, (…)

notando con inquietudine che la criminalità organizzata è sempre più efficiente nello sfruttare le nostre economie globalizzate e le nostre società aperte e che rappresenta una crescente sfida multidimensionale per tutti gli Stati partecipanti nell’intera area dell’OSCE,

esprimendo preoccupazione per il fatto che la criminalità organizzata dispone di vaste risorse finanziarie e può esercitare un enorme potere, pregiudicando potenzialmente i valori democra- tici delle nostre società e minacciando direttamente e indirettamente la sicurezza e l’incolumità dei comuni cittadini,

preoccupato, inoltre, delle minacce e sfide poste dai legami tra la criminalità organizzata, la tratta di esseri umani, il traffico di armi e di stupefacenti, la corruzione e il terrorismo, nonché altre forme di attività criminali transnazionali e nazionali,

convinto che la lotta alla criminalità organizzata debba rimanere un elemento centrale delle nostre politiche volte a garantire la sicurezza e l’incolumità dei nostri cittadini, sia a livello nazionale sia attraverso la cooperazione internazionale,

sottolineando che la lotta alla criminalità organizzata può essere condotta al meglio attraverso istituzioni democratiche che rispettano i diritti umani e lo stato di diritto e che sono responsabili nei confronti dei cittadini e della società civile,

evidenziando il ruolo fondamentale svolto da un sistema di giustizia penale efficiente ed efficace nel garantire la sicurezza e l’incolumità pubblica,

340 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

riconoscendo la persistente validità degli standard e delle norme ONU in materia di prevenzione dei crimini e di giustizia penale, nonché del ruolo dell’Ufficio delle Nazioni Unite contro la droga e il crimine (UNODC) nel sostenere il loro utilizzo e applicazione e accogliendo con favore la cre- scente cooperazione tra il Segretariato OSCE, l’UNODC e la Commissione ONU per la preven- zione del crimine e per la giustizia penale,

prendendo atto delle attività di altri organismi delle Nazioni Unite e di altri consessi internazio- nali nel settore dello stato di diritto,

riconoscendo l’importanza di dare attuazione agli obblighi ai sensi della Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale (Convenzione di Palermo) e, ove appro- priato, dei suoi protocolli supplementari, nonché della Convenzione delle Nazioni Unite contro la corruzione, quali mezzi per rispondere alla criminalità organizzata e alla corruzione e promuo- vere la cooperazione internazionale in materia penale, (…)

1. sollecita gli Stati partecipanti a continuare a rispondere alla criminalità organizzata quale seria minaccia e, ove possibile, a rafforzare l’attuazione dei rispettivi obblighi internazionali e impegni OSCE in tutti i settori dei loro sistemi di giustizia penale;

2. raccomanda di prendere in esame l’adozione, come appropriato, di piani nazionali che affrontino questioni concernenti la sicurezza nonché di applicare un approccio integrato, nella consapevolezza che ciascuna componente del sistema di giustizia penale esercita un’influenza sulle altre componenti;

3. invita gli Stati partecipanti a considerare la possibilità di intraprendere autovalutazioni dei loro sistemi di giustizia penale utilizzando, come appropriato, gli strumenti messi a disposizione da organizzazioni internazionali, come ad esempio gli strumenti di valutazione UNODC/OSCE e, se necessario, di fare il miglior uso di altri strumenti disponibili, ivi inclusi quelli del Consiglio d’Eu- ropa (CEPEJ) e di altre organizzazioni, accademie o associazioni forensi;

4. sollecita gli Stati partecipanti a prestare la dovuta attenzione all’integrità e professionalità delle istituzioni preposte all’applicazione della legge e delle autorità responsabili dell’azione penale, all’efficiente amministrazione della giustizia e alla corretta gestione del sistema giurisdizionale, 6 all’indipendenza della magistratura e al corretto funzionamento del sistema penitenziario, non- ché a esaminare alternative alla detenzione;

341 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

5. raccomanda, nel quadro della programmazione politica volta a prevenire e combattere la cri- minalità organizzata, di migliorare la raccolta e l’analisi dei dati, elaborare e impiegare a livello nazionale valutazioni dei rischi e delle minacce, nonché promuovere lo scambio di informazioni e di migliori prassi in misura superiore a quanto avvenuto finora;

6. raccomanda di intensificare gli sforzi nazionali orientati alla cooperazione, al coordinamento e allo scambio d’informazioni a livello internazionale come un importante passaggio per contra- stare la criminalità organizzata transnazionale;

7. sollecita gli Stati partecipanti a rafforzare la cooperazione giudiziaria internazionale in mate- ria penale considerando la possibilità, tra l’altro, di divenire parti della Convenzione ONU contro la criminalità organizzata transnazionale (Convenzione di Palermo), ove appropriato dei relativi protocolli supplementari, nonché della Convenzione ONU contro la corruzione, e dare attuazione agli impegni derivanti da tali strumenti e da altri in materia di cooperazione giuridica multilate- rale e bilaterale di cui sono parti, utilizzando altresì in modo appropriato i pertinenti articoli sulla reciproca assistenza giudiziaria e l’estradizione;

8. sollecita gli Stati partecipanti a considerare la possibilità di accedere alla Convenzione sul trasfe- rimento delle persone condannate (Strasburgo, 21 novembre 1983) e al suo Protocollo aggiuntivo del 1997, ove appropriato, e a considerare la possibilità di stipulare accordi bilaterali a integrazione di tale Convenzione, agevolando il trasferimento delle persone condannate;

9. appoggia la cooperazione internazionale delle forze di polizia e prende nota degli esiti della riu- nione dei capi di polizia dell’OSCE tenutasi a Bruxelles il 24 novembre 2006, ivi inclusa la proposta di tenere riunioni regolari ove tali riunioni siano organizzate in coordinamento con altre riunioni di capi di polizia e tengano delle stesse;

10. raccomanda di intraprendere iniziative volte a promuovere l’informazione e la divulgazione tra la popolazione, anche attraverso la cooperazione tra le autorità preposte all’applicazione della legge e le organizzazioni della società civile, in modo da consentire ai cittadini di acquisire una maggiore consapevolezza dei loro diritti civili, sviluppare una maggiore fiducia nel sistema di giu- stizia penale quale garante di tali diritti, nonché sentirsi a proprio agio quando si rivolgono alle autorità competenti;

10.(a) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati, di rivolgere maggiore attenzione nelle loro politiche e attività al ruolo fonda- mentale svolto dai sistemi di giustizia penale nel rafforzamento delle istituzioni e nella promozione dello stato di diritto, nonché di adoperarsi a favore di una cooperazione e di un coordinamento più stretti al fine di tenere maggiormente conto dell’interazione tra le componenti di tali sistemi; (b) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati, di rafforzare e consolidare le attuali conoscenze ed esperienze in materia di giu- stizia penale e di criminalità organizzata; (c) incarica il Segretario generale di sostenere e promuovere la cooperazione giudiziaria interna- zionale in materia penale tra gli Stati partecipanti, tenendo anche conto del quadro offerto dalla Convenzione ONU contro la criminalità organizzata transnazionale e fornendo sostegno alla sua Conferenza delle Parti, nonché di continuare a cooperare con l’UNODC nell’ambito di questioni che riguardano la lotta alla criminalità organizzata e gli stupefacenti; (d) incarica il Segretario generale e l’ODIHR di informare regolarmente gli Stati partecipanti e di presentare prima della pausa estiva del 2007 agli Stati partecipanti un rapporto scritto congiunto sull’attuazione dei summenzionati compiti;

342 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

(e) incarica il Consiglio permanente di tenere conto del sopraccitato rapporto e di prendere in con- siderazione, se del caso, eventuali azioni successive; (f) incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, ivi incluso l’O- DIHR, ove appropriato e in coordinamento e cooperazione con altre organizzazioni e istituzioni internazionali, di predisporsi a rispondere prontamente alle proposte di progetti e alle richie- ste di cooperazione avanzate dagli Stati partecipanti e considerare la possibilità di facilitare pro- grammi di formazione, nell’ambito dei rispettivi mandati e nella misura in cui siano disponibili contribuiti a tal fine; (g) sottolinea l’importanza di una maggiore coerenza e continuità nelle iniziative di tutti gli organi OSCE interessati nonché di una cooperazione rafforzata con le agenzie specializzate. A tale riguardo, incarica il Segretario generale di intensificare il coordinamento di tali attività, nell’am- bito delle risorse disponibili e dei mandati. Invita gli Stati partecipanti a fornire sostegno alle sopraccitate attività.

Astana 2010

(9) Nel mondo complesso e interconnesso di oggi, dobbiamo raggiungere una maggiore unità d’in- tenti e di azione per affrontare le minacce transnazionali emergenti come (…) la criminalità orga- nizzata (…) e i traffici illeciti di armi di piccolo calibro e leggere e di droghe (…). Tali minacce possono avere origine all’interno o all’esterno della nostra regione.

Kiev 2013 (Dichiarazione ministeriale sul rafforzamento delle iniziative dell’OSCE per far fronte alle minacce transnazionali) (…)

(…) riconoscendo il carattere evolutivo delle minacce transnazionali nella regione dell’OSCE e al di fuori di essa, nonché la necessità di fornire risposte internazionali collettive ed efficaci, coordi- nate e fondate su un approccio transdimensionale (…),

lodiamo le attività intraprese dagli Stati partecipanti all’OSCE volte a rafforzare la cooperazione per fronte alle minacce transnazionali in settori come la lotta al terrorismo, alla criminalità orga- nizzata, alla tratta di esseri umani e alle droghe illecite, le attività connesse alla polizia e la sicu- rezza e la gestione delle frontiere, nonché per l’elaborazione di misure di rafforzamento della fiducia (CBM) (…), che insieme hanno contribuito ad accrescere il profilo dell’OSCE nella lotta contro le minacce transnazionali; (…)

accogliamo inoltre con favore gli sforzi intrapresi dagli Stati partecipanti all’OSCE, sotto la guida della Presidenza in esercizio ucraina dell’OSCE e con il sostegno delle pertinenti strutture esecu- tive dell’OSCE, volti a conseguire progressi nell’attuazione del Concetto OSCE per la lotta con- tro la minaccia delle droghe illecite e la diversione dei precursori chimici, del Quadro strategico dell’OSCE per le attività connesse alla polizia, del Quadro consolidato dell’OSCE per la lotta con- tro il terrorismo, nonché del Concetto OSCE per la sicurezza e la gestione delle frontiere;

rileviamo che i predetti documenti assicurano una solida base per il lavoro dell’OSCE nel campo della lotta alle minacce transnazionali e sottolineiamo l’importanza della loro piena e costante 6 operatività e integrazione nelle attività dell’OSCE;

343 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

invitiamo gli Stati partecipanti all’OSCE, ove necessario con il sostegno delle pertinenti strutture esecutive dell’OSCE, a sviluppare ulteriormente la cooperazione con le Nazioni Unite e con altre pertinenti organizzazioni internazionali e regionali, sulla base della Piattaforma per la sicurezza cooperativa del 1999, nonché con i Partner OSCE mediterranei e asiatici per la cooperazione, al fine di rafforzare ulteriormente la capacità dell’OSCE di contrastare le minacce transnazionali, anche con il coinvolgimento della società civile.

Milano 2018, (Decisione N.6/18 sul potenziamento degli sforzi volti a prevenire e combattere la tratta di bambini, inclusi i minori non accompagnati) (…)

riconoscendo che l’adozione di un approccio incentrato sulla vittima e consapevole dei suoi traumi, che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi e dell’inte- resse superiore del bambino, è fondamentale per prevenire efficacemente che i bambini siano vit- time di tratta di esseri umani e per proteggerli da tale fenomeno,

riconoscendo che la collaborazione tra gli Stati, gli operatori di primo intervento e la società civile, può contribuire ulteriormente a prevenire che i bambini, compresi quelli non accompagnati, siano vittime di tratta di esseri umani,

ricordando che nella Decisione del Consiglio dei ministri N.7/17, gli Stati partecipanti hanno espresso preoccupazione per la vulnerabilità dei minori non accompagnati alla tratta di esseri umani e hanno incoraggiato gli Stati partecipanti a sensibilizzare l’opinione pubblica sulla vulne- rabilità dei minori nei flussi migratori a ogni forma di tratta di minori e ad accrescere la capacità e ampliare il raggio di azione degli operatori di primo intervento per individuare i minori vittime di tratta e garantire loro protezione e adeguata assistenza, nonché rimedi efficaci e altri servizi previsti dalla legislazione nazionale, (…)

invita gli Stati partecipanti a:

1. adottare misure pertinenti affinché tutti i bambini vittime della tratta di esseri umani siano trat- tati in linea con il principio di non discriminazione e conformemente alle loro esigenze individuali e tenendo conto del loro interesse superiore, offrendo loro l’opportunità di essere ascoltati, come appropriato, e garantendo e proteggendo i loro diritti umani;

2. adottare un approccio incentrato sulle vittime e informato sui traumi che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi e dell’interesse superiore del bambino, e rispetti pienamente i diritti umani e le libertà fondamentali dei bambini vittime della tratta di esseri umani;

3. fornire, se del caso, ai prestatori di servizi governativi e alle agenzie che entrano in contatto con i minori formazione e indicazioni adeguate su come individuare, segnalare, assistere e proteggere i minori vittime di tratta, in modo adeguato all’età e tenendo conto delle rispettive problematiche

344 6.3 Prevenzione del traffico illecito di droga e armi e di altre forme di criminalità organizzata internazionale

specifiche di genere di ragazze e ragazzi, e a prendere in considerazione offerte formative per attori del settore privato che entrano in contatto con i minori vittime della tratta;

4. adottare misure per fornire ai minori vittime della tratta in via prioritaria, se necessario, un tutore qualificato e idoneo o equivalente e/o un rappresentante legale al fine di salvaguardare gli interessi dei minori vittime della tratta, compresi quelli non accompagnati, e facendo in modo che i loro tutori e/o rappresentanti legali siano coinvolti nelle procedure riguardanti la loro assistenza e nella ricerca di soluzioni durature e sostenibili per loro;

5. affrontare la situazione dei minori vittime della tratta, compresi quelli non accompagnati, in un quadro di protezione dei minori;

6. promuovere meccanismi nazionali contro la tratta, compresi Meccanismi nazionali di rinvio, ove esistenti, e sistemi di protezione dei minori, ove opportuno, che riconoscano i bisogni e i diritti dei minori vittime della tratta, prevedere un’assistenza incentrata sulle vittime, informata sui traumi e adeguata all’età, applicare un approccio multidisciplinare, nel rispetto dei diritti umani, che tenga conto delle rispettive problematiche specifiche di genere di ragazze e ragazzi, e rispec- chi, se del caso, i contributi e le raccomandazioni delle vittime della tratta nel fornire assistenza immediata e nella ricerca di soluzioni durature e sostenibili, nonché istituire meccanismi di rin- vio appropriati per i minori;

7. prevedere che, nella misura possibile, qualsiasi valutazione dei bisogni di un minore vittima della tratta tenga conto dei suoi interessi e delle sue opinioni e delle necessità di assistenza, pro- tezione e sicurezza;

8. adottare misure appropriate nel momento in cui un minore è stato individuato come vittima della tratta o se vi sono ragionevoli motivi per ritenere che un minore possa essere stato vittima di tratta al fine di garantire la sicurezza del minore, in particolare prevenendo abusi sessuali e di altro tipo, e l’ulteriore vittimizzazione, conformemente alle leggi nazionali; prevedere la possibi- lità di non imporre sanzioni alle vittime per il loro coinvolgimento in attività illegali, nella misura in cui sono state costrette a farlo, e fornendo adeguati programmi di recupero, reinserimento e/o rimpatrio, se del caso;

Tirana 2020 (Dichiarazione sul rafforzamento della cooperazione nel contrasto alla criminalità organizzata transnazionale) (…)

3. Ribadiamo la nostra profonda preoccupazione per gli effetti negativi della criminalità organiz- zata transnazionale sulla stabilità e la sicurezza, incluso lo sfruttamento delle economie globaliz- zate e delle società aperte, l’erosione dei valori democratici e della governance e la minaccia per la sicurezza e l’incolumità dei cittadini, diretta o indiretta, nonché per i diritti umani e le libertà fondamentali.

4. Riaffermiamo il ruolo primario degli Stati partecipanti nella lotta alla criminalità organizzata transnazionale e sottolineiamo che essa può essere combattuta al meglio garantendo il rispetto dei diritti umani e le libertà fondamentali e salvaguardando lo Stato di diritto, e sottolineiamo il ruolo chiave svolto da un sistema di giustizia penale efficace, affidabile, professionale, indipen- 6 dente e responsabile nel salvaguardare la sicurezza e l’incolumità dei cittadini.

5. Riconosciamo il ruolo centrale delle Nazioni Unite nel contrasto alla criminalità organizzata transnazionale, nonché l’importanza del lavoro svolto da pertinenti organizzazioni internazionali.

345 6.4 Prevenzione del terrorismo

Ribadiamo che il concetto globale di sicurezza dell’OSCE è complementare agli sforzi globali volti a contrastare la complessa minaccia della criminalità organizzata transnazionale.

6. Sottolineiamo che il contrasto alla criminalità organizzata transnazionale, e alle sue cause pro- fonde, richiede istituzioni efficienti e democratiche, responsabili nei confronti dei cittadini, sistemi di giustizia penale basati sullo Stato di diritto e l’adozione di un approccio olistico, globale e coe- rente, al fine di prevenire e ridurre la possibilità che gruppi criminali organizzati operino o si infiltrino nel tessuto delle nostre società, delle economie lecite e delle istituzioni, o beneficino dei proventi dei loro crimini.

7. Ricordiamo i pertinenti strumenti e meccanismi internazionali che sono a disposizione degli Stati partecipanti per assisterli nello svolgimento di autovalutazioni e, ove necessario, nel miglio- ramento dei loro sistemi di giustizia penale.

8. Riconosciamo che la criminalità organizzata transnazionale può avere un impatto differenziato su diversi gruppi all’interno della società. Incoraggiamo la cooperazione tra tutti gli attori inte- ressati, compresa la società civile, al fine di contribuire a creare comunità resilienti e di elaborare risposte globali e misure preventive contro la criminalità organizzata transnazionale, che tengano conto delle esigenze, delle preoccupazioni e degli interessi di tutti i gruppi all’interno della società, proteggano le vittime di reati e forniscano loro accesso a rimedi adeguati, promuovendo nel con- tempo la piena, paritaria e significativa partecipazione delle donne agli sforzi volti a contrastare la criminalità organizzata transnazionale.

9. Sottolineiamo l’importanza di rafforzare il coordinamento nazionale e la cooperazione interna- zionale nel contrasto alla criminalità organizzata transnazionale, incluso, ove opportuno, attraverso il contatto diretto e l’impegno tra autorità competenti, lo scambio di informazioni e di migliori pratiche, nonché l’uso degli strumenti forniti dall’OSCE, dall’UNODC e da altre pertinenti orga- nizzazioni internazionali.

10. Rinnoviamo il nostro impegno a mantenere il contrasto alla criminalità organizzata trans- nazionale tra le priorità dell’OSCE rafforzando l’attuazione dei nostri rispettivi obblighi inter- nazionali e degli esistenti impegni dell’OSCE. Riaffermiamo il compito delle pertinenti strutture esecutive dell’OSCE di informare regolarmente gli Stati partecipanti sulle attività dell’Organizza- zione relative all’attuazione degli impegni OSCE esistenti per far fronte alla criminalità organiz- zata transnazionale, e incoraggiamo a proseguire i dibattiti su tale tema tra gli Stati partecipanti.

11. Invitiamo i Partner OSCE per la cooperazione a unirsi a noi nel sostenere questa dichiarazione.

6.4 Prevenzione del terrorismo

6.4.1 Condanna e impegno nella lotta al terrorismo

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi) (…)

Gli Stati partecipanti condannano il terrorismo, compreso il terrorismo nelle relazioni interna- zionali, in quanto mette a repentaglio o distrugge vite umane innocenti o attenta altrimenti ai

346 6.4.1 Condanna e impegno nella lotta al terrorismo

diritti dell’uomo e alle libertà fondamentali e sottolineano la necessità di adottare misure deci- sive per combatterlo.

Essi esprimono la loro determinazione di adottare misure efficaci per la prevenzione e la soppressione di atti di terrorismo, sia a livello nazionale che mediante la cooperazione internazionale, compresi accordi bilaterali e multilaterali appropriati, e di ampliare a rafforzare conformemente la coopera- zione reciproca per combattere tali atti. Essi convengono di agire in tal senso conformemente alla Carta delle Nazioni Unite, alla “Dichiarazione delle Nazioni Unite sui principi di diritto internazio- nale riguardanti le relazioni amichevoli e la cooperazione fra gli Stati” e all’Atto Finale di Helsinki. (…)

Gli Stati partecipanti confermano che si asterranno dal dare assistenza diretta o indiretta ad atti- vità terroristiche o sovversive o di altro genere dirette a rovesciare violentemente il regime di un altro Stato partecipante. In conseguenza essi si asterranno, fra l’altro, dal finanziare, fomentare o tollerare qualsiasi attività del genere.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(8) Gli Stati partecipanti condannano senza riserve come criminosi tutti gli atti, i metodi e le pra- tiche del terrorismo, ovunque e da chiunque siano commessi, inclusi quelli che mettano in peri- colo le relazioni amichevoli fra gli Stati e la loro sicurezza, e concordano che il terrorismo non può essere giustificato in alcuna circostanza.

(9) Essi esprimono la propria determinazione di adoperarsi per sradicare il terrorismo, sia bila- teralmente sia mediante la cooperazione multilaterale, particolarmente nelle sedi internazionali quali le Nazioni Unite, l’Organizzazione dell’Aviazione Civile Internazionale e l’Organizzazione Marittima Internazionale e conformemente alle pertinenti disposizioni dell’Atto Finale e del Docu- mento Conclusivo di Madrid.

(10) Convinti dell’esigenza di unire alle misure a livello nazionale una Maggiore cooperazione internazionale, gli Stati partecipanti esprimono la loro intenzione (10.1) di perseguire una politica di fermezza in risposta alle richieste terroristiche; (10.2) di rafforzare e sviluppare la cooperazione bilaterale e multilaterale fra loro per prevenire e combattere il terrorismo nonché per accrescere l’efficienza dell’attuale cooperazione a livello bila- terale o nell’ambito di gruppi di Stati, anche, se del caso, mediante lo scambio di informazioni; (…)

(10.4) di adottare misure efficaci per prevenire e reprimere atti terroristici diretti contro rappre- sentanti diplomatici o consolari e per combattere il terrorismo che implichi violazioni delle Con- venzioni di Vienna sulle Relazioni Diplomatiche e Consolari, in particolare le relative disposizioni concernenti privilegi ed immunità diplomatiche e consolari; (…)

(10.6) di considerare una loro adesione, qualora non lo abbiano già fatto, alle pertinenti conven- zioni internazionali relative alla lotta contro il terrorismo; 6 (10.7) di continuare ad adoperarsi in seno ai competenti organismi internazionali per migliorare ed ampliare le misure contro il terrorismo e per assicurare che gli accordi pertinenti siano accet- tati e rispettati da quanti più Stati possibile.

347 6.4.1 Condanna e impegno nella lotta al terrorismo

Helsinki 1992 (Dichiarazione del Vertice)

26. (…) Incoraggeremo lo scambio di informazioni concernenti attività terroristiche. Cercheremo ulteriori efficaci vie per la cooperazione, come opportuno. Prenderemo altresì le necessarie inizia- tive a livello nazionale per adempiere ai nostri obblighi internazionali in questo campo.

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

6. Gli Stati partecipanti non sosterranno in alcun modo atti terroristici e adotteranno misure appropriate per prevenire e combattere il terrorismo in tutte le sue forme. Essi coopereranno pie- namente per combattere la minaccia di attività terroristiche mediante l’attuazione di strumenti e impegni internazionali da essi concordati a tale riguardo. (…)

Istanbul 1999 (Carta per la sicurezza europea: I. Le nostre sfide comuni)

4. Terrorismo internazionale, estremismo violento, crimine organizzato e traffico di droga rap- presentano crescenti sfide alla sicurezza. Quale ne sia la motivazione, il terrorismo, in tutte le sue forme e manifestazioni, è inaccettabile. (…) L’accumulazione eccessiva e destabilizzante e la pro- liferazione incontrollata di armi portatili e leggere rappresentano una minaccia per la pace e la sicurezza. Ci impegniamo ad intensificare i nostri sforzi per tutelarci nei confronti di questi nuovi rischi e sfide: istituzioni democratiche solide e lo stato di diritto costituiscono il cardine di tale protezione. Siamo inoltre decisi a cooperare più attivamente e strettamente l’uno con l’altro per affrontare insieme tali sfide.

Bucarest 2001 (Dichiarazione del Consiglio dei ministri)

2. Condanniamo risolutamente tutti gli atti di terrorismo. Il terrorismo, qualunque ne sia la moti- vazione o l’origine, non ha giustificazione. Niente può giustificare un attacco deliberato contro persone innocenti. Nella lotta contro il terrorismo non esiste neutralità.

3. (…) Ribadiamo che la lotta al terrorismo non è una guerra contro religioni o popoli. (…)

Bucarest 2001 (Annesso alla Decisione N.1 sulla lotta al terrorismo)

I 55 Stati partecipanti dell’OSCE si schierano uniti contro il terrorismo, un flagello dei nostri tempi.

Gli Stati partecipanti all’OSCE condannano risolutamente gli atti di terrorismo barbarico commessi conto gli Stati Uniti l’11 settembre 2001, che hanno rappresentato un attacco all’intera comunità internazionale e ai popoli di ogni fede e cultura. Questi atroci atti, nonché altre azioni terroristi- che di ogni tipo e manifestazione, commessi in qualsiasi momento, dovunque o da chiunque rap- presentano una minaccia alla pace, alla sicurezza e alla stabilità internazionale e regionale. Coloro che promuovono, finanziano, accolgono o appoggiano in altro modo i responsabili di tali atti cri- minali non potranno essere sottratti alla giustizia. (…)

Gli Stati partecipanti all’OSCE non cederanno alle minacce del terrorismo ma lo combatteranno con qualsiasi mezzo, conformemente ai loro impegni internazionali. Ciò richiederà uno sforzo continuo e a lungo temine, ma essi prenderanno vigore dalla loro ampia coalizione, che si estende da Vancouver a Vladivostok. (…) Essi respingono risolutamente l’identificazione del terrorismo con qualsiasi nazionalità o religione (…).

348 6.4.1 Condanna e impegno nella lotta al terrorismo

Gli Stati partecipanti all’OSCE si impegnano a potenziare e sviluppare la cooperazione bilaterale e multilaterale dell’OSCE con le Nazioni Unite e con altre organizzazioni internazionali e regio- nali, al fine di combattere il terrorismo in tutte le sue forme e manifestazioni, perpetrato dovun- que e da chiunque. Quale accordo regionale ai sensi del Capitolo VIII dello Statuto delle Nazioni Unite, l’OSCE è determinata a contribuire all’adempimento degli obblighi internazionali sanciti, tra l’altro, nella Risoluzione 1373 (2001) del Consiglio di Sicurezza delle Nazioni Unite e agirà conformemente agli obiettivi e ai principi dello Statuto delle Nazioni Unite. Gli Stati partecipanti all’OSCE si impegnano ad accedere al più presto a tutti i Protocolli e Convenzioni delle Nazioni Unite in materia di terrorismo e auspicano la rapida conclusione dei negoziati per una Conven- zione globale delle Nazioni Unite sul terrorismo internazionale. (…)

(…) il Consiglio dei Ministri dell’OSCE adotta il Piano di azione di Bucarest per la lotta al terro- rismo, annesso alla presente decisione.

Bucarest 2001 (Annesso alla Decisione N.1 sulla lotta al terrorismo; Piano di azione di Bucarest per la lotta al terrorismo)

I. Obiettivo del Piano d’Azione

1. (…) Gli Stati partecipanti all’OSCE impegnano la loro volontà politica le loro risorse e i mezzi pratici per l’adempimento degli obblighi da loro assunti nelle vigenti convenzioni internazionali sul terrorismo (…).

3. Scopo del Piano d’Azione è creare un ambito per un’azione globale dell’OSCE che gli Stati par- tecipanti e l’Organizzazione nel suo complesso dovranno adottare per combattere il terrorismo, rispettando pienamente il diritto internazionale, incluso il diritto internazionale sui diritti dell’uomo ed altre pertinenti norme di diritto internazionale. (…)

II. Obblighi giuridici internazionali e impegni politici

4. (…) Deve essere perseguita ed assicurata la più ampia e globale sottoscrizione e attuazione degli strumenti e degli impegni di lotta al terrorismo da parte degli Stati partecipanti.

5. Gli Stati partecipanti: si impegnano a dispiegare sforzi per accedere possibilmente entro il 31 dicembre del 2002, alle 12 convenzioni delle Nazioni Unite e ai protocolli concernenti il terrori- smo riconoscendo l’importante ruolo che i parlamentari possono svolgere nella ratifica e in altri procedimenti legislativi di lotta al terrorismo. (…) Parteciperanno, in maniera costruttiva, ai nego- ziati in corso presso le Nazioni Unite su una Convenzione Globale contro il Terrorismo Interna- zionale e una Convenzione Internazionale per la Soppressione di Atti di Terrorismo Nucleare, per una loro pronta e positiva conclusione. (…)

7. Gli Stati partecipanti: esamineranno le modalità con cui l’OSCE potrà avvalersi delle migliori prassi e delle lezioni apprese da differenti gruppi, organizzazioni, istituzioni e fori competenti in settori quali la cooperazione con la polizia e la magistratura; la prevenzione e la soppressione del 6 finanziamento del terrorismo; il rifiuto di altri mezzi di supporto; i controlli alle frontiere inclusa la sicurezza dei visti e dei documenti; e l’accesso alle informazioni da parte delle autorità prepo- ste all’applicazione della legge.

349 6.4.1 Condanna e impegno nella lotta al terrorismo

8. Gli Stati partecipanti si avvarranno anche del Foro di Cooperazione per la Sicurezza (FSC) per potenziare i loro sforzi di lotta al terrorismo tramite una piena e tempestiva attuazione di tutte le pertinenti misure concordate dall’OSCE. A tal fine intensificheranno l’attuazione degli esistenti impegni e accordi politico-militari, in particolare il Codice di Condotta relativo agli aspetti poli- tico-militari della Sicurezza e il Documento sulle armi di piccolo calibro e leggere (SALW). (…)

III. Azione preventiva contro il terrorismo nell’area OSCE (…)

11. Promozione dei diritti dell’uomo, della tolleranza e del multiculturalismo: Gli Stati parteci- panti/Consiglio Permanente/ODIHR/Alto Commissario per le Minoranze Nazionali(ACMN)/ Rappresentante per la libertà dei mezzi di informazione: Promuoveranno e miglioreranno la tol- leranza, la coesistenza e le relazioni armoniose tra gruppi etnici, linguistici e altri gruppi, nonché la cooperazione costruttiva tra Stati partecipanti al riguardo. Prevederanno il preallarme della violenza, dell’intolleranza, dell’estremismo e della discriminazione nei confronti di tali gruppi e appropriate risposte a riguardo e, al tempo stesso, promuoveranno il rispetto da parte di que- sti gruppi dello stato di diritto, dei valori democratici e delle libertà individuali. si adopereranno per assicurare che le persone appartenenti a minoranze nazionali abbiano il diritto di esprimere liberamente, preservare e sviluppare la propria identità etnica, culturale, linguistica o religiosa. (…)

13. Fattori socioeconomici negativi: Gli Stati partecipanti /Segretariato: si adopereranno per indi- viduare questioni economiche e ambientali che pregiudicano la sicurezza, quali mediocre capacità di governo, corruzione, attività economiche illecite, elevata disoccupazione, povertà diffusa e note- voli disparità, fattori demografici, impiego non sostenibile di risorse naturali (…).

14. Prevenzione di conflitti violenti e promozione della soluzione pacifica delle controversie: l’O- SCE avvalendosi di tutte le sue capacità, proseguirà e intensificherà le attività di preallarme e di risposta appropriata, prevenzione dei conflitti, gestione delle crisi e ricostruzione postconflittuale; potenzierà la sua capacità soluzione dei conflitti, incrementerà gli sforzi per reperire soluzioni dure- voli a conflitti irrisolti, anche tramite la promozione dello stato di diritto e la prevenzione della criminalità in tali zone di conflitto attraverso una maggiore cooperazione con le Nazioni Unite, l’Unione Europea e altre organizzazioni internazionali e svilupperà ulteriormente la sua capacità di pronto dislocamento (REACT) in situazioni di conflitto.

16. Rafforzamento della legislazione nazionale antiterrorismo: Gli Stati partecipanti: si impegne- ranno ad adempiere a tutti gli obblighi da loro assunti nelle pertinenti convenzioni e nei proto- colli concernenti il terrorismo nonché nella Convenzione delle Nazioni Unite contro la criminalità organizzata transnazionale e nei relativi protocolli aggiuntivi, scambiando informazioni e condi- videndo metodi a riguardo ed esaminando i modi e i mezzi di cooperazione nell’attuazione in riu- nioni bilaterali, dell’intera OSCE e subregionali. (…)

350 6.4.1 Condanna e impegno nella lotta al terrorismo

24. Soppressione dei finanziamenti del terrorismo: Gli Stati partecipanti: nel quadro della Conven- zione delle Nazioni Unite sulla Soppressione dei finanziamenti del terrorismo e delll’UNSCR1373 (2001), adotteranno interventi per prevenire e sopprimere i finanziamenti del terrorismo, penaliz- zeranno la fornitura o la raccolta intenzionali di fondi a fini terroristici e congeleranno i patrimoni dei terroristi anche tenendo presente l’UNSCR 1267 (1999). Conformemente alla loro legislazione nazionale e agli obblighi di diritto internazionale, forniranno una pronta risposta alla richiesta di informazioni rivolta da un altro Stato partecipante e da altre competenti organizzazioni inter- nazionali.

25. Gli Stati partecipanti/Segretariato: (…) Esamineranno come l’OSCE possa contribuire, nell’am- bito della sua attività sulla trasparenza e sulla lotta alla corruzione, allo sforzo internazionale su vasta scala di lotta al terrorismo. Esaminerà la possibilità di assumere il ruolo di catalizzatore nel prevedere progetti mirati per la formazione del personale delle istituzioni finanziarie nazionali su settori di lotta al terrorismo, fra l’altro sul monitoraggio dei flussi di finanziamento e sulla preven- zione del riciclaggio di denaro sporco. Gli Stati partecipanti interverranno in maniera costruttiva agli imminenti negoziati presso le Nazioni Unite su uno strumento mondiale di lotta alla corru- zione, per realizzarne una pronta e positiva conclusione.

26. Prevenzione del movimento dei terroristi: Gli Stati partecipanti: impediranno il movimento di singoli terroristi o gruppi di terroristi tramite efficaci controlli delle frontiere e controlli del rilascio di carte di identità e documenti di viaggio nonché tramite misure volte ad assicurare la sicurezza delle carte di identità e dei documenti di viaggio e impedendone la contraffazione, la falsificazione e l’uso fraudolento. Applicheranno tali misure di controllo nel pieno rispetto del diritto internazionale sui rifugiati e delle leggi sui diritti dell’uomo. Con l’appropriata applicazione delle clausole esonerative contenute nella Convenzione del 1951 relativa allo Status dei Rifugiati e del relativo Protocollo del 1967, assicureranno che non venga concesso asilo a persone che hanno partecipato ad atti terroristici, conformemente agli obblighi da loro assunti in base al diritto inter- nazionale e alle leggi nazionali.

IV. Azione ai sensi della Piattaforma per la Sicurezza Cooperativa — Cooperazione con altre organizzazioni (…)

28. Gli Stati partecipanti /Segretariato: rafforzeranno la cooperazione e gli scambi di informa- zione, sia formalmente che informalmente, con gruppi, organizzazioni, e istituzioni competenti impegnai nella lotta al terrorismo. Incrementeranno la cooperazione con l’Unione Europea sulle analisi e il preallarme e realizzeranno una maggiore sinergia con il Patto di Stabilità per l’Europa Sudorientale e l’Iniziativa Centro Europea in settori riguardanti la lotta al terrorismo. Promuo- veranno il dialogo nell’area OSCE su questioni relative alle nuove minacce e sfide. Allargheranno il dialogo a partner al di fuori dell’area OSCE, quali i Partner mediterranei per la cooperazione e i Partner in Asia, l’Organizzazione di Cooperazione di Shanghai, la Conferenza sull’Interazione e le Misure di rafforzamento della Fiducia in Asia, l’Organizzazione della Conferenza Islamica, la Lega Araba, l’Unione Africana, e gli Stati confinanti con l’area OSCE, per scambiare le migliori prassi e le lezioni apprese negli sforzi di lotta al terrorismo per applicarle nell’area OSCE. (…)

Bucarest 2001 (Decisione N.9 sulle attività connesse alla polizia)

Il Consiglio dei Ministri, (…) 6 affermando che un’efficace servizio di polizia è essenziale per difendere lo stato di diritto e le isti- tuzioni democratiche;

351 6.4.1 Condanna e impegno nella lotta al terrorismo

(…)

3. Decide di ampliare e promuovere la cooperazione tra gli Stati partecipanti nella lotta alle nuove sfide alla sicurezza adoperandosi tra l’altro per: • prevedere e coordinare, su richiesta degli Stati partecipanti e con il loro accordo (…), corsi OSCE di formazione della polizia, anche a livello regionale al fine di: • migliorare le capacità operative e tattiche della polizia; • migliorare la professionalità della polizia in settori fondamentali, tra cui il rispetto dei diritti dell’uomo e delle libertà fondamentali e, ove necessario, trattare gli aspetti criminali delle migra- zioni illegali; e • accrescere le capacità dei servizi di polizia di quartiere, antidroga, anticorruzione e antiterro- rismo; e • su richiesta degli Stati partecipanti e con il loro accordo: — fornire consulenza diretta o avvalersi della consulenza di esperti relativamente ai fabbisogni di un efficace servizio di polizia (valuta- zione delle necessità) e al modo di soddisfarli, (…); e • incoraggiare, ove necessario, lo scambio di informazioni tra gli Stati partecipanti e tra stato e stato in merito alle lezioni apprese e alle migliori prassi della polizia utilizzate nella lotta con- tro queste nuove minacce alla sicurezza. (…)

5. In linea con le suddette iniziative gli Stati partecipanti si impegnano a: • realizzare una maggiore cooperazione bilaterale e multilaterale su questioni connesse alla poli- zia per affrontare nuovi rischi e nuove sfide alla propria sicurezza, e se appropriato, anche attra- verso maggiori contatti tra gli organi competenti; e • condividere l’esperienza dell’OSCE e le lezioni apprese nelle attività connesse alla polizia con altre competenti organizzazioni internazionali di cui sono membri al fine di promuovere una più efficace azione internazionale contro i nuovi rischi e le nuove sfide alla sicurezza.

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo)

Gli Stati partecipanti all’OSCE, fermamente impegnati nella lotta congiunta al terrorismo, (…)

2. (…) riaffermano che le iniziative antiterrorismo non sono dirette contro nessuna religione, nazione o popolo; (…)

4. Dichiarano che gli atti, i metodi e le prassi terroristiche, così come portare consapevolmente assistenza, tollerare, finanziare, pianificare e istigare tali atti, sono contrari alle finalità ed ai prin- cipi delle Nazioni Unite e dell’OSCE;

5. Ritengono estremamente importante integrare l’attuazione in corso degli impegni OSCE sul terrorismo con la riaffermazione dei principi fondamentali ed eterni in base ai quali le iniziative dell’OSCE sono state intraprese e continueranno ad essere intraprese, e che gli Stati partecipanti sottoscrivono pienamente; (…)

8. Riaffermano che ogni Stato è obbligato ad astenersi dal (…) organizzare, istigare, prestare sup- porto o assistenza attivi o passivi o sponsorizzare in altro modo atti terroristici in un altro Stato (…);

352 6.4.1 Condanna e impegno nella lotta al terrorismo

11. Riconoscono che le convenzioni e i protocolli delle Nazioni Unite in materia, e le risoluzioni del Consiglio di Sicurezza delle Nazioni Unite, in particolare la risoluzione 1373 (2001), costitui- scono il più importante quadro giuridico internazionale per la lotta al terrorismo;

12. Riconoscono l’importanza del lavoro svolto dal Comitato Anti-terrorismo del Consiglio di Sicu- rezza delle Nazioni Unite e riaffermano il dovere e la disponibilità degli Stati partecipanti e dell’O- SCE a collaborare con tale Comitato;

13. Richiamano il ruolo dell’OSCE quale intesa regionale ai sensi del Capitolo VIII della Carta delle Nazioni Unite, ed i suoi doveri in tale contesto, volti a contribuire alla lotta mondiale con- tro il terrorismo; (…)

15. Prendono atto con soddisfazione della Dichiarazione e del Programma d’Azione adottati in seno alla Conferenza Internazionale di Bishkek sul Rafforzamento della Sicurezza e della Stabilità in Asia Centrale: Potenziamento degli sforzi globali di lotta al terrorismo, tenutasi il 13 e 14 dicembre 2001; (…)

17. Sottolineano che la prevenzione e lotta al terrorismo devono fondarsi su un concetto di sicu- rezza comune e globale e su un approccio costante, e si impegnano ad avvalersi delle tre dimen- sioni e di tutti gli organismi e le istituzioni dell’OSCE per coadiuvare gli Stati partecipanti che lo richiedono a prevenire e combattere il terrorismo in tutte le sue forme;

18. Si impegnano ad onorare i loro obblighi, in conformità con le convenzioni, i protocolli e le riso- luzioni del Consiglio di Sicurezza delle Nazioni Unite, nonché con gli altri impegni internazionali, per garantire che gli atti terroristici e le attività che li sostengono, compreso il finanziamento al ter- rorismo, vengano contemplati come reati penali gravi nelle legislazioni nazionali;

19. Lavoreranno insieme per prevenire, reprimere, indagare e perseguire gli atti terroristici, anche attraverso una più intensa cooperazione e la piena attuazione delle convenzioni e dei protocolli internazionali in materia di terrorismo;

20. Sono convinti che sia necessario affrontare le condizioni che possono alimentare e sostenere il terrorismo, in particolare rispettando appieno la democrazia e lo stato di diritto, consentendo a tutti i cittadini di partecipare pienamente alla vita politica, prevenendo la discriminazione ed incoraggiando il dialogo inter-culturale e inter-religioso nelle loro società, coinvolgendo la società civile nel trovare una soluzione politica comune ai conflitti, promuovendo i diritti dell’uomo e la tolleranza e lottando contro la povertà;

21. Riconoscono il ruolo positivo che i mezzi di comunicazione possono svolgere nel promuovere la tolleranza e la comprensione fra religioni, credo, culture e popoli, nonché per accrescere la con- sapevolezza delle minacce del terrorismo;

22. Si impegnano a contrastare i discorsi di istigazione all’odio e ad adottare le misure necessa- rie a prevenire l’abuso dei mezzi di informazione e delle tecnologie informatiche a fini terroristici, garantendo che tali misure siano conformi al diritto internazionale e nazionale ed agli impegni dell’OSCE; 6 23. Impediranno la circolazione di terroristi, singoli o in gruppi, tramite efficaci controlli alle fron- tiere e sul rilascio di documenti di identità e titoli di viaggio;

353 6.4.1 Condanna e impegno nella lotta al terrorismo

(…)

25. Riaffermano il loro impegno a rispettare i loro obblighi internazionali, come enunciato nelle risoluzioni 1373 (2001) e 1390 (2002) del Consiglio di Sicurezza delle Nazioni Unite, e in partico- lare di congelare i beni di coloro che sono indicati dal Comitato istituito ai sensi della risoluzione 1267 del Consiglio di Sicurezza delle Nazioni Unite (1999);

26. Prendono atto con preoccupazione dei legami fra terrorismo e criminalità organizzata trans- nazionale, riciclaggio di denaro sporco, traffico di esseri umani, sostanze stupefacenti ed armi, e al riguardo sottolineano la necessità di promuovere il coordinamento e di elaborare approcci cooperativi a tutti i livelli al fine di rafforzare le loro risposte a tali gravi minacce e sfide alla sicu- rezza e alla stabilità; (…)

Porto 2002 (Decisione N.1 sull’attuazione degli impegni e delle attività dell’OSCE per la lotta al terrorismo)

Il Consiglio dei Ministri, (…)

decide che tutti gli Stati partecipanti dell’OSCE, i suoi organi e le sue istituzioni continueranno ad attuare con urgenza gli impegni di Bucarest e ad assicurarne l’efficacia;

ribadisce l’impegno assunto da tutti gli Stati partecipanti a diventare non appena possibile parte di tutte le 12 le Convenzioni delle Nazioni Unite in materia di terrorismo e relativi protocolli, e accoglie favorevolmente le iniziative intraprese dagli Stati partecipanti che hanno già termi- nato tali procedure;

si impegna a lavorare per una positiva conclusione dei negoziati sui nuovi strumenti universali in tale settore, attualmente in corso nell’ambito delle Nazioni Unite, e conferma la propria disponi- bilità ad esaminare le richieste di assistenza tecnica e rafforzamento delle capacità, in collabora- zione con il Comitato Anti-Terrorismo del Consiglio di Sicurezza delle Nazioni Unite, allo scopo di far progredire la ratifica e l’attuazione degli strumenti delle Nazioni Unite sul terrorismo e di altri strumenti in materia; (…)

richiama la raccomandazione inviata all’OSCE dal Rappresentante Personale del Presidente in Esercizio per la prevenzione e la lotta al terrorismo di perseguire le attività in materia, fra l’altro, di polizia, sicurezza delle frontiere, traffico illecito e repressione dei finanziamenti ai terroristi. (…)

decide che gli Stati partecipanti dell’OSCE, i suoi organismi e le sue istituzioni intensificheranno i loro sforzi e il loro impegno collettivo per la lotta al terrorismo, nonché le condizioni che possono promuoverli e sostenerli, sfruttando i suoi punti di forza e i suoi vantaggi comparati: l’approccio globale alla sicurezza; la competenza nei settori del preallarme, della prevenzione dei conflitti, della gestione delle crisi e della ricostruzione post-conflittuale; l’ampio repertorio di comprovate misure volte a rafforzare la fiducia e la sicurezza e l’esperienza in materia di rafforzamento delle capacità.

354 6.4.1 Condanna e impegno nella lotta al terrorismo

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

Minacce alla sicurezza e alla stabilità nel ventunesimo secolo

10. Il terrorismo è una delle più importanti cause di instabilità nell’attuale contesto di sicurezza. Esso cerca di minare gli stessi valori che uniscono gli Stati partecipanti nell’area dell’OSCE e con- tinuerà ad essere una delle principali sfide alla pace, alla stabilità e al potere statale, in particolar modo attraverso la sua capacità di utilizzare metodi asimmetrici per aggirare i sistemi di sicu- rezza e di difesa tradizionali. Non esiste alcuna giustificazione per il terrorismo. Nel contempo esso richiede un approccio globale che affronti le sue espressioni nonché il contesto sociale, eco- nomico e politico in cui si manifesta. (…)

Far fronte al terrorismo e alle minacce derivanti da altre attività criminali

28. Le convenzioni e i protocolli delle Nazioni Unite nonché le risoluzioni del Consiglio di Sicu- rezza delle Nazioni Unite costituiscono il quadro giuridico globale per la lotta al terrorismo. A sostegno di tali documenti, mediante varie decisioni adottate nel 2001 e nel 2002, l’OSCE ha cre- ato una struttura che prevede un’azione collettiva degli Stati partecipanti e dell’Organizzazione intesa ad affrontare, quale priorità essenziale, la minaccia del terrorismo, le sue manifestazioni e le condizioni che possono favorirlo e sostenerlo. (…)

29. (…) Sarà dedicata particolare attenzione al potenziamento delle capacità e ad altri tipi di assi- stenza nella sfera dell’antiterrorismo. (…) Tali norme includono misure quali il rifiuto di fornire rifugi sicuri ai terroristi e l’eliminazione delle condizioni che consentono ai terroristi di reclutare adepti e di ottenere sostegno. Esse mirano inoltre a prevenire che i terroristi accrescano le proprie capacità, impedendo ad esempio che essi abbiano accesso alle SALW e ad altre armi convenzionali, nonché ad armi di distruzione di massa (WMD) e alle connesse tecnologie. La stretta interazione con altre organizzazioni internazionali e con altri organi competenti, in particolare la Commissione antiterrorismo del Consiglio di Sicurezza delle Nazioni Unite (UN CTC) e l’Ufficio delle Nazioni Unite contro la droga e la criminalità (UNODC), viene promossa attraverso riunioni congiunte, contatti a tutti i livelli, programmi e progetti specifici.

30. L’OSCE ha inoltre deciso di creare una Rete antiterrorismo per promuovere un maggiore coor- dinamento delle misure antiterrorismo e dello scambio di informazioni tra gli Stati partecipanti all’OSCE, nonché per sostenere ed integrare il lavoro svolto dall’UN CTC nell’attuazione della risoluzione 1373 del Consiglio di Sicurezza. (…)

35. Le minacce del terrorismo e della criminalità organizzata sono spesso collegate; si esploreranno pertanto ulteriormente approcci sinergici per farvi fronte. Movimenti di persone, risorse e armi attraverso le frontiere, nonché la tratta di esseri umani destinata a finanziare e a fornire sostegno logistico, assumono un ruolo sempre più importante per le attività terroristiche. L’OSCE è impe- gnata ad affrontare tali problemi e a potenziare la sua capacità di promuovere frontiere aperte e sicure, anche tramite l’elaborazione di un Concetto OSCE per la sicurezza e la gestione delle frontiere, al fine di migliorare il potenziamento delle capacità e la proficua cooperazione tra Stati. 6

355 6.4.1 Condanna e impegno nella lotta al terrorismo

Sofia 2004 (Dichiarazione del Consiglio dei ministri sulla prevenzione e la lotta al terrorismo)

1. Noi, membri del Consiglio dei ministri dell’OSCE, (…) esprimiamo la nostra risoluta e incon- dizionata condanna degli atti terroristici, in particolare quelli commessi nel 2004 in Spagna, in Uzbekistan, in Turchia e in Russia, (…). Siamo addolorati per la perdita di centinaia di vite umane ed esprimiamo la nostra profonda solidarietà alle vittime degli atti di terrorismo e alle loro fami- glie. Tali atti hanno messo in chiara evidenza la natura disumana del terrorismo. Esprimiamo solidarietà anche agli Stati non partecipanti alla nostra Organizzazione che hanno subito attac- chi da parte di terroristi.

Ribadendo che il terrorismo rappresenta una delle più gravi minacce alla pace e alla sicurezza e considerando che gli atti terroristici pregiudicano gravemente il godimento dei diritti dell’uomo, riaffermiamo il nostro impegno a tutelare i diritti dell’uomo e le libertà fondamentali, in partico- lare il diritto alla vita, di ciascun individuo nell’ambito della nostra giurisdizione contro gli atti terroristici. (…)

2. Sottolineiamo il ruolo guida delle Nazioni Unite nella lotta globale al terrorismo.

Riaffermiamo gli obblighi e gli impegni assunti dai nostri Stati nel campo della lotta al terrori- smo in seno alle Nazioni Unite, (…) (…)

4. (…) Ribadiamo che gli sforzi dell’OSCE per contrastare le minacce del terrorismo dovrebbero essere intrapresi in tutte le dimensioni dell’OSCE, nella dimensione della sicurezza, ivi incluso il settore politico-militare, nella dimensione economica e ambientale e nella dimensione umana. Basandosi su un approccio alla sicurezza comune, globale e indivisibile, la nostra Organizzazione potrebbe apportare ulteriori contributi sostanziali agli sforzi globali di lotta al terrorismo.

Siamo convinti che il rispetto dei diritti dell’uomo e delle libertà fondamentali sia un elemento importante per garantire la pace e la stabilità e la prevenzione del terrorismo. Riconosciamo che l’efficace prevenzione e la lotta al terrorismo richiedono il coinvolgimento della società civile nei nostri Paesi.

(…) Coopereremo attivamente al fine di trovare e consegnare alla giustizia coloro che commet- tono, organizzano, sostengono e finanziano atti terroristici.

Continueremo inoltre a sviluppare l’interazione e il dialogo sulle questioni concernenti la preven- zione e la lotta al terrorismo con i Partner mediterranei e asiatici per la cooperazione.

Lubiana 2005 (Dichiarazione del Consiglio dei ministri sulla Convenzione internazionale per la repressione degli atti di terrorismo nucleare)

2. Ci impegniamo ad adoperarci con ogni mezzo per firmare tale Convenzione internazionale il giorno della sua apertura alla firma presso la sede centrale delle Nazioni Unite a New York il 14 settembre 2005.

356 6.4.1 Condanna e impegno nella lotta al terrorismo

3. Incoraggiamo l’attuazione di tutte le misure necessarie per ratificare, accettare, approvare o dive- nire parte di tale Convenzione internazionale nel più breve tempo possibile. (…)

Lubiana 2005 (Concetto per la sicurezza e la gestione delle frontiere: Quadro di cooperazione fra gli Stati partecipanti all’OSCE)

2. Gli Stati partecipanti all’OSCE riconfermano gli obblighi e gli impegni assunti in materie ine- renti alle frontiere a tutti i livelli: (…)

2.2 a livello dell’OSCE: gli Stati partecipanti riconfermano le norme, i principi, gli impegni e i valori sanciti nell’Atto finale di Helsinki, che si applicano indistintamente in modo uguale e senza riserve e che vengono interpretati singolarmente tenendo conto di tutti gli altri. Gli Stati parte- cipanti riconfermano i principi e gli impegni contenuti nel Documento di Copenaghen del 1990, nel Documento di Helsinki del 1992 e nella Carta per la sicurezza europea del 1999 e richiamano i piani d’azione, le decisioni ed altri pertinenti documenti concordati in seno all’OSCE che affron- tano le questioni inerenti alle frontiere. In particolare, il potenziamento delle capacità dell’OSCE di promuovere confini aperti e sicuri e il rafforzamento della cooperazione vicendevolmente utile fra gli Stati sono strumenti appropriati per affrontare le minacce del terrorismo, (…) come enun- ciato nel paragrafo 35 della Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo; (…)

4.2 ridurre la minaccia del terrorismo, anche prevenendo i movimenti attraverso le frontiere di per- sone, armi e capitali connessi ad attività terroristiche e ad altre attività criminali; (…)

Bruxelles 2006 (Dichiarazione del Consiglio dei ministri sul sostegno e la promozione del quadro giuridico internazionale per contrastare il terrorismo)

Noi, membri del Consiglio dei ministri dell’OSCE, riaffermiamo la nostra ferma determinazione a combattere il terrorismo in tutte le sue forme e manifestazioni, quale crimine che non ha giusti- ficazioni, qualunque ne sia la motivazione o l’origine, e a proseguire e rafforzare le attività dell’ 6 OSCE di lotta al terrorismo, conformemente agli esistenti impegni dell’Organizzazione. (…)

357 6.4.1 Condanna e impegno nella lotta al terrorismo

Siamo convinti dell’importanza di rafforzare il quadro giuridico internazionale per contrastare il terrorismo, incluse le convenzioni e i protocolli universali relativi alla prevenzione e alla repres- sione del terrorismo, le pertinenti risoluzioni del Consiglio di sicurezza delle Nazioni Unite, la Stra- tegia globale delle Nazioni Unite contro il terrorismo recentemente adottata, nonché gli strumenti giuridici regionali e bilaterali relativi al terrorismo.

Invitiamo gli Stati partecipanti all’OSCE ad attuare le pertinenti risoluzioni del Consiglio di sicu- rezza delle Nazioni Unite concernenti la lotta al terrorismo.

Esprimiamo apprezzamento per i notevoli progressi conseguiti dagli Stati partecipanti nell’adem- pimento dell’impegno assunto al Consiglio dei ministri di Bucarest di divenire parti delle 12 con- venzioni e protocolli contro il terrorismo, essendo 46 Stati partecipanti divenuti parti di tutti i 12 strumenti attualmente in vigore.

Invitiamo gli Stati partecipanti che non lo abbiano ancora fatto a intraprendere ogni sforzo al fine di divenire senza indugio parti delle convenzioni e protocolli universali attualmente in vigore con- tro il terrorismo, nonché di darvi applicazione, in particolare prevedendo nella loro legislazione nazionale che gli atti di terrorismo siano perseguiti penalmente.

Ribadiamo il nostro invito agli Stati partecipanti a considerare la possibilità di divenire parti della Convenzione internazionale per la repressione degli atti di terrorismo nucleare e della Conven- zione delle Nazioni Unite contro la criminalità organizzata transnazionale, nonché della Conven- zione delle Nazioni Unite contro la corruzione, e a sostenere i costanti sforzi volti a adottare una convenzione globale sul terrorismo internazionale al fine di far progredire gli obiettivi della comu- nità internazionale in materia di lotta al terrorismo.

Invitiamo gli Stati partecipanti a considerare la possibilità di divenire parti degli strumenti giuri- dici regionali e subregionali relativi al terrorismo o alla cooperazione giuridica in materia penale adottati dalle organizzazioni di cui siamo membri, nonché, ogni qualvolta sia opportuno al fine di colmare le lacune degli strumenti giuridici esistenti, a concludere accordi bilaterali sull’assi- stenza giuridica reciproca e sull’estradizione, al fine di poter cooperare pienamente, conforme- mente alle norme applicabili ai sensi del diritto nazionale e internazionale, nelle iniziative volte a trovare e consegnare alla giustizia gli esecutori, gli organizzatori, i sostenitori e i finanziatori di atti terroristici, sulla base del principio di estradare o perseguire.

Continueremo inoltre a sviluppare l’interazione e il dialogo sulle questioni concernenti la preven- zione e la lotta al terrorismo con i Partner mediterranei e asiatici per la cooperazione.

Madrid 2007 (Dichiarazione del Consiglio dei ministri sul sostegno alla strategia globale delle Nazioni Unite contro il terrorismo) (…)

3. Riconosciamo il ruolo guida delle Nazioni Unite nell’ambito degli sforzi internazionali di lotta al terrorismo e sosteniamo la loro Strategia globale contro il terrorismo adottata l’8 settembre 2006 dall’Assemblea generale, a cui ci ispiriamo quale orientamento per le attività dell’OSCE in questo ambito, poiché essa delinea un approccio globale e onnicomprensivo volto a far fronte non soltanto alle manifestazioni del terrorismo, ma anche alle condizioni che ne favoriscono la diffu- sione, entro un quadro fondato sui diritti dell’uomo e lo stato di diritto e sul rispetto di tutti gli obblighi derivanti dal diritto internazionale, in particolare del diritto internazionale in materia di diritti dell’uomo, dei rifugiati e del diritto umanitario.

358 6.4.1 Condanna e impegno nella lotta al terrorismo

4. Richiamiamo l’approccio globale e onnicomprensivo della Strategia volta a contrastare il terro- rismo facendo fronte non solo alle sue manifestazioni ma anche alle condizioni che ne favoriscono la diffusione, inclusi, tra l’altro, i conflitti irrisolti che si protraggono nel tempo, la disumaniz- zazione delle vittime del terrorismo in tutte le sue forme e manifestazioni, l’assenza dello stato di diritto e le violazioni dei diritti umani, la discriminazione su base etnica, nazionale e religiosa, l’esclusione politica, l’emarginazione socio-economica e l’assenza del buongoverno, riconoscendo nel contempo che nessuna delle suddette condizioni può legittimare o giustificare atti terroristici. (…)

6. Ricordiamo l’impegno ad attuare tutte le risoluzioni del Consiglio di sicurezza dell’ONU in materia di terrorismo internazionale, riconoscendo che molti Stati continuano a richiedere assi- stenza a tal fine. (…)

8. (…) L’OSCE e in particolare i suoi Stati partecipanti (…) continueranno ad attuare gli impegni in materia di lotta al terrorismo e si concentreranno, tra l’altro, sulle seguenti attività:

9. l’OSCE continuerà a promuovere il quadro giuridico internazionale contro il terrorismo, in par- ticolare le convenzioni e i protocolli universali per la lotta al terrorismo, incoraggiando gli Stati partecipanti a divenire parte di tali strumenti e ad attuare gli obblighi da essi derivanti; (…)

17. l’OSCE proseguirà le sue attività di lotta contro l’estremismo violento e la radicalizzazione che portano al terrorismo. Gli Stati partecipanti dell’OSCE e le strutture esecutive dell’Organizzazione, nell’ambito dei loro mandati, devono far fronte all’intolleranza e alla discriminazione. Nel 2008 il Consiglio permanente, con il sostegno del Segretariato e delle istituzioni, esaminerà i modi in cui l’OSCE, grazie ad un approccio multidimensionale, può contribuire a promuovere la migliore comprensione del fenomeno dell’estremismo violento e della radicalizzazione che portano al ter- rorismo attraverso la condivisione di esperienze nazionali; (…)

Helsinki 2008 (Decisione N.10/08 sull’ulteriore promozione dell’azione di contrasto al terrorismo da parte dell’OSCE)

Il Consiglio dei ministri, (…)

ribadendo gli impegni OSCE esistenti in materia di lotta al terrorismo e l’intenzione di mantenere le attività di contrasto al terrorismo tra le priorità dell’OSCE, (…)

ribadendo la necessità di affrontare le condizioni che possono alimentare e sostenere il terrorismo, in particolare rispettando appieno la democrazia e lo stato di diritto, consentendo a tutti i citta- dini di partecipare pienamente alla vita politica, impedendo la discriminazione e incoraggiando il dialogo interculturale ed interreligioso nelle loro società, coinvolgendo la società civile nella ricerca di una composizione politica comune ai conflitti, promuovendo i diritti umani e la tolle- ranza e lottando contro la povertà, 6 (…)

359 6.4.1 Condanna e impegno nella lotta al terrorismo

1. invita gli Stati partecipanti e le strutture esecutive dell’OSCE a proseguire gli sforzi volti a dare un contributo attivo all’attuazione della Strategia globale delle Nazioni Unite contro il terrorismo e degli altri documenti delle Nazioni Unite in materia di lotta al terrorismo;

2. invita gli Stati partecipanti a continuare a promuovere, nell’ambito del contrasto al terrorismo, partenariati pubblico-privati con la società civile, i mezzi d’informazione, la comunità impren- ditoriale e l’industria, anche, ove opportuno, attraverso la divulgazione delle lezioni apprese e lo scambio di informazioni e di migliori prassi nazionali sia a livello OSCE che a livello nazionale, sub-regionale e regionale; (…)

4. invita gli Stati partecipanti all’OSCE ad avvalersi delle strutture esecutive dell’OSCE nel con- trastare l’estremismo violento e la radicalizzazione che conducono al terrorismo nei loro rispettivi paesi. A tal fine, gli Stati partecipanti all’OSCE sono incoraggiati a proseguire lo scambio di idee e migliori prassi nazionali in merito alle loro strategie e misure di contrasto all’estremismo violento e alla radicalizzazione che conducono al terrorismo nonché a rafforzare la loro collaborazione con i mezzi d’informazione, la comunità imprenditoriale, l’industria e la società civile; (…)

Atene 2009 (Decisione N.3/09 sulle ulteriori misure volte a sostenere e promuovere il quadro giuridico internazionale contro il terrorismo)

Il Consiglio dei ministri, (…)

(…) salutando con favore i notevoli progressi compiuti nel quadro dell’adesione degli Stati parteci- panti alle 12 convenzioni e protocolli universali contro il terrorismo degli anni 1963-1999, nonché i progressi conseguiti con la firma e la ratifica della Convenzione internazionale per la repressione degli atti di terrorismo nucleare (2005), (…)

riconoscendo la necessità di recepire le disposizioni in materia di reati previste dalle convenzioni e dai protocolli universali contro il terrorismo nelle legislazioni penali e, ove applicabile, nelle legi- slazioni amministrative e civili nazionali, rendendo tali reati punibili con sanzioni appropriate, al fine di assicurare alla giustizia gli autori, gli organizzatori, i sostenitori e i finanziatori di atti ter- roristici nel rispetto dello stato di diritto, e di facilitare la cooperazione giudiziaria internazionale sulla base del principio “estradare o perseguire penalmente”, come previsto da pertinenti risolu- zioni del Consiglio di sicurezza delle Nazioni Unite e da strumenti universali di lotta al terrorismo,

riconoscendo inoltre che gli Stati partecipanti all’OSCE potrebbero avere bisogno di assistenza tecnica per realizzare quanto sopra menzionato,

riconoscendo il ruolo importante svolto dai parlamentari per la ratifica e il recepimento nelle legi- slazioni nazionali delle convenzioni e dei protocolli universali contro il terrorismo,

esorta gli Stati partecipanti all’OSCE che non l’abbiano ancora fatto a compiere ogni sforzo per aderire senza indugio alle 13 convenzioni e protocolli universali contro il terrorismo attualmente in vigore e di attuarne pienamente le disposizioni;

invita gli Stati partecipanti all’OSCE a considerare la possibilità di aderire all’Emendamento alla Convenzione sulla protezione fisica dei materiali nucleari (2005), al Protocollo alla Convenzione

360 6.4.1 Condanna e impegno nella lotta al terrorismo

per la repressione degli atti illeciti contro la sicurezza della navigazione marittima (2005), non- ché al Protocollo relativo al Protocollo per la repressione degli atti illeciti contro la sicurezza delle installazioni fisse sulla piattaforma continentale (2005) e di conseguenza, ad attuarne pienamente le disposizioni;

invita gli Stati partecipanti all’OSCE a considerare la possibilità di aderire agli strumenti giuridici regionali e subregionali in materia di terrorismo, inclusa la Convenzione del Consiglio d’Europa sulla prevenzione del terrorismo; (…)

invita gli Stati partecipanti all’OSCE a rafforzare la cooperazione interstatale nella promozione delle convenzioni e dei protocolli universali contro il terrorismo attraverso la condivisione di com- petenze tecniche, e incarica il Segretario generale di continuare a facilitare la cooperazione inter- statale anche coordinando le offerte e le richieste di assistenza tecnica tra gli Stati partecipanti;

incarica il Segretario generale e le pertinenti strutture esecutive dell’OSCE, nell’ambito delle risorse disponibili, di continuare a collaborare con l’UNODC nel rafforzamento del regime giuridico con- tro il terrorismo, promuovendo l’attuazione degli strumenti universali di lotta al terrorismo, con- tinuando in particolare a potenziare e ottimizzare il sostegno al Programma dell’UNODC per la prevenzione del terrorismo riguardo ai seguenti settori: • sensibilizzazione e sostegno alla creazione della volontà politica degli Stati partecipanti di ade- rire alle convenzioni e ai protocolli universali contro il terrorismo; • prestazione di assistenza tecnica a Stati partecipanti che la richiedono nella stesura di norme di diritto penale contro il terrorismo; • formazione di magistrati in merito alla cooperazione giudiziaria internazionale su questioni penali connesse al terrorismo; (…)

Astana 2010

9. (…) Nel mondo complesso e interconnesso di oggi, dobbiamo raggiungere una maggiore unità d’intenti e di azione per affrontare le minacce transnazionali emergenti come il terrorismo (…). Tali minacce possono avere origine all’interno o all’esterno della nostra regione.

Dublino2012 (Dichiarazione sul rafforzamento del buongoverno e la lotta alla corruzione, al riciclaggio di denaro e al finanziamento del terrorismo) (…)

(…) Confermiamo il nostro pieno impegno alla lotta contro la corruzione e il riciclaggio di denaro, il finanziamento del terrorismo e i reati connessi, facendone priorità politiche sostenute da appro- priati strumenti giuridici, adeguate risorse finanziarie, umane e istituzionali e, ove necessario, da appropriati strumenti per la loro concreta ed efficace applicazione. (…) 6 Riconosciamo che gli atti di terrorismo internazionale dipendono dal finanziamento che i terro- risti possono ottenere. Riteniamo che il finanziamento del terrorismo sia una questione di grave preoccupazione per la comunità internazionale nel suo insieme. Siamo convinti della necessità urgente di rafforzare la cooperazione internazionale tra gli Stati nella definizione e nell’adozione

361 6.4.1 Condanna e impegno nella lotta al terrorismo

di misure efficaci per la prevenzione del finanziamento del terrorismo, nonché per la sua soppres- sione attraverso il perseguimento e la condanna dei colpevoli.

Kiev 2013 (Dichiarazione ministeriale sul rafforzamento delle iniziative dell’OSCE per far fronte alle minacce transnazionali)

lodiamo le attività intraprese dagli Stati partecipanti all’OSCE volte a rafforzare la cooperazione per fronte alle minacce transnazionali in settori come la lotta al terrorismo (…);

Belgrado 2015 (Dichiarazione ministeriale sul potenziamento degli sforzi volti a contrastare il terrorismo a seguito dei recenti attentati terroristici)

Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, siamo inorriditi dai mortali attentati terroristici contro civili avvenuti in tutta l’area dell’OSCE e nei paesi limitrofi nel 2015; esprimiamo il nostro sentito cordoglio alle famiglie delle vittime, ai popoli e ai governi colpiti dagli attacchi, e auguriamo pronta guarigione a coloro che sono rimasti feriti.

Condanniamo senza riserve e con la massima fermezza tutti gli attentati terroristici, inclusi l’uc- cisione indiscriminata di civili e i deliberati attacchi contro individui e comunità, perpetrati tra l’altro sulla base della loro religione o del loro credo, in particolare dallo Stato Islamico in Iraq e nel Levante, noto anche come DAESH (ISIL/DAESH), dal Fronte Al-Nusrah (ANF) e da tutti gli altri soggetti, gruppi, iniziative ed entità associate con Al-Qaeda, che rappresentano una minac- cia globale e senza precedenti per la pace e la sicurezza internazionale.

Riaffermiamo che il terrorismo, in tutte le sue forme e manifestazioni, costituisce una delle più gravi minacce alla pace e alla sicurezza internazionali e che qualunque atto di terrorismo è un atto criminale e ingiustificabile, a prescindere dalla sua motivazione, ovunque e da chiunque sia com- messo, e che il terrorismo non può e non deve essere associato ad alcuna razza, religione, nazio- nalità o civiltà.

Siamo impegnati a potenziare i nostri sforzi volti ad affrontare la minaccia del terrorismo, compresa la minaccia dei combattenti terroristi stranieri, e a tal fine a continuare ad attuare pienamente gli impegni OSCE nel campo della prevenzione e della lotta al terrorismo, nonché le risoluzioni 2170, 2178, 2199 e 2249 del Consiglio di sicurezza delle Nazioni Unite.

Ricordiamo che gli Stati partecipanti devono prevenire e reprimere il finanziamento di atti ter- roristici, e astenersi dal fornire qualsiasi forma di sostegno, attivo o passivo, a entità o soggetti coinvolti in atti terroristici, anche reprimendo il reclutamento di membri di gruppi terroristici ed eliminando la fornitura di armi ai terroristi.

Riaffermiamo il nostro impegno a rimanere uniti nella lotta al terrorismo e a operare insieme per prevenire e reprimere gli atti terroristici, nonché a contrastare le condizioni che ne favoriscono la diffusione, attraverso una maggiore solidarietà e cooperazione internazionale, nel pieno ricono- scimento del ruolo centrale delle Nazioni Unite e in conformità con la Carta delle Nazioni Unite e altri obblighi derivanti dal diritto internazionale applicabile, in particolare il diritto interna- zionale in materia di diritti umani, il diritto internazionale dei rifugiati e il diritto umanitario

362 6.4.1 Condanna e impegno nella lotta al terrorismo

internazionale, nonché attraverso la piena attuazione delle risoluzioni del Consiglio di sicurezza delle Nazioni Unite e della Strategia globale delle Nazioni Unite contro il terrorismo.

Sottolineiamo che il rispetto dei diritti umani, le libertà fondamentali e lo stato di diritto sono com- plementari e sinergici a efficaci misure di lotta al terrorismo e che sono parte essenziale di un effi- cace sforzo contro il terrorismo, e rileviamo l’importanza del rispetto dello stato di diritto al fine di poter prevenire e combattere efficacemente il terrorismo.

Ribadiamo la nostra determinazione e il nostro impegno a cooperare pienamente nelle attività di prevenzione e lotta al terrorismo in linea con i nostri obblighi derivanti dal diritto internazio- nale al fine di individuare, negare rifugio e assicurare alla giustizia, sulla base del principio “estra- dare o perseguire”, chiunque sostenga, faciliti, partecipi o tenti di partecipare al finanziamento, alla pianificazione, alla preparazione o all’esecuzione di atti terroristici o offra rifugio agli esecutori.

Sottolineiamo che il terrorismo può essere sconfitto solo con un approccio determinato e globale che coinvolga la partecipazione attiva e la collaborazione di tutti gli Stati partecipanti e di perti- nenti organizzazioni internazionali e regionali, nonché, ove appropriato, della società civile, per impedire, indebolire, isolare e neutralizzare la minaccia terroristica. (…)

Siamo convinti che la lotta al terrorismo, nel rispetto dei principi e degli impegni dell’OSCE, richieda sforzi globali e sostenuti per affrontare le manifestazioni del terrorismo, nonché i diversi fattori sociali, economici, politici e di altro tipo che potrebbero creare le condizioni che consen- tono alle organizzazioni terroristiche di reclutare adepti e di acquisire sostegno, pur riconoscendo che nessuna condizione può scusare o giustificare atti di terrorismo.

Riaffermiamo la ferma determinazione degli Stati partecipanti a tutelare i principi fondamentali su cui si basa l’OSCE, ad attuare tutti gli impegni dell’OSCE, in particolare quelli relativi alla preven- zione e alla lotta al terrorismo, incluso il fenomeno dei combattenti terroristi stranieri, a contra- stare l’estremismo violento e la radicalizzazione che conducano al terrorismo, a rispettare i diritti umani e lo stato di diritto e a promuovere la tolleranza e la non discriminazione, il rispetto e la comprensione reciproci nelle nostre società.

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

sottolineando la nostra ferma e incondizionata condanna del terrorismo e dell’estremismo vio- lento, nonché la nostra profonda solidarietà a tutte le vittime del terrorismo,

ribadendo l’impegno degli Stati partecipanti a lavorare insieme al fine di prevenire, reprimere, investigare e perseguire gli atti connessi al terrorismo, incluso il loro finanziamento, e ponendo l’accento sulla loro ferma determinazione a combattere il terrorismo in tutte le sue forme e mani- festazioni, come crimine che non ha giustificazioni, qualsiasi ne sia la motivazione o l’origine, e che il terrorismo e l’estremismo violento non possono e non devono essere associati ad alcuna razza, etnia, nazionalità o religione, 6 (…)

363 6.4.1 Condanna e impegno nella lotta al terrorismo

riconoscendo il ruolo guida svolto dalle Nazioni Unite nell’ambito degli sforzi internazionali volti a prevenire e contrastare il terrorismo e l’estremismo violento, nonché l’impegno degli Stati par- tecipanti a dare piena attuazione alla Strategia globale delle Nazioni Unite contro il terrorismo,

guidati dalla nostra convinzione che la lotta al terrorismo e all’estremismo violento, confor- memente ai principi e agli impegni dell’OSCE, richiede sforzi globali e sostenuti nell’affrontare le manifestazioni di terrorismo nonché i diversi fattori sociali, economici, politici e di altro tipo che potrebbero creare le condizioni che favoriscono il reclutamento e l’ottenimento del sostegno da parte di organizzazioni terroristiche,

ribadendo l’impegno degli Stati partecipanti a scambiare idee e migliori prassi nazionali riguardo le loro strategie e misure per contrastare l’estremismo violento e la radicalizzazione che condu- cono al terrorismo, al fine di rafforzare la cooperazione pratica, (…)

Amburgo 2016 (Dichiarazione ministeriale sul rafforzamento degli sforzi dell’OSCE volti a prevenire e a contrastare il terrorismo)

1. Noi, Ministri degli affari esteri degli Stati partecipanti dell’Organizzazione per la sicurezza e la cooperazione in Europa, condanniamo nei termini più assoluti tutti gli attentati terroristici compiuti nell’intera area dell’OSCE, nelle regioni limitrofe e in tutto il mondo, in particolare nel 2016. Riaffermiamo la nostra solidarietà alle vittime del terrorismo e sottolineiamo la necessità di promuovere la solidarietà internazionale a loro sostegno e di garantire che esse siano trattate con dignità e rispetto. Esprimiamo il nostro più profondo cordoglio alle famiglie delle vittime e ai popoli e ai governi che sono stati colpiti.

2. Condanniamo senza riserve ed esprimiamo il nostro sdegno per l’uccisione indiscriminata e deli- berata di civili, per le numerose atrocità e per le persecuzioni contro individui e comunità perpe- trate tra l’altro sulla base della loro religione o del loro credo da organizzazioni terroristiche, in particolare dal cosiddetto Stato Islamico in Iraq e nel Levante, noto anche come DAESH (ISIL/ DAESH), Al-Qaeda, ANF/Jabhat Fatah al-Sham, e da soggetti, gruppi, iniziative ed entità associati.

3. Riaffermiamo che il terrorismo, in tutte le sue forme e manifestazioni, costituisce una delle più gravi minacce alla pace e alla sicurezza internazionali e che qualunque atto di terrorismo è un atto criminale e ingiustificabile, a prescindere dalla sua motivazione, e che il terrorismo non può e non deve essere associato ad alcuna razza, religione, nazionalità o civiltà.

4. Sottolineiamo il ruolo centrale delle Nazioni Unite nel prevenire e combattere il terrorismo e riaffermiamo con forza il nostro impegno a adottare le misure necessarie a proteggere chiunque rientri nella nostra giurisdizione da atti di terrorismo e la necessità di intraprendere ogni inizia- tiva nel rispetto della Carta delle Nazioni Unite e di tutti gli obblighi derivanti dal diritto inter- nazionale applicabile, in particolare il diritto internazionale in materia di diritti umani, il diritto internazionale dei rifugiati e il diritto umanitario internazionale, nonché delle pertinenti risolu- zioni del Consiglio di sicurezza delle Nazioni Unite. Conformemente a tali documenti, sottoline- iamo l’importanza dei nostri impegni ai sensi della Strategia globale delle Nazioni Unite contro il terrorismo. Prendiamo inoltre atto dei pertinenti documenti sulle buone prassi adottati dal Foro mondiale contro il terrorismo.

5. Richiamiamo tutti i pertinenti documenti OSCE adottati nel quadro della prevenzione e della lotta contro il terrorismo sotto le Presidenze precedenti. Prendiamo inoltre atto della Convenzione

364 6.4.1 Condanna e impegno nella lotta al terrorismo

del Consiglio d’Europa sulla prevenzione del terrorismo e incoraggiamo gli Stati partecipanti dell’OSCE a considerare la possibilità di aderire alla Convenzione e al suo Protocollo aggiuntivo.

6. Sottolineiamo il ruolo primario degli Stati partecipanti nel prevenire e contrastare il terrori- smo nonché l’estremismo violento e la radicalizzazione che conducono al terrorismo (VERLT), pur nel rispetto dei loro obblighi ai sensi del diritto internazionale, con particolare riguardo ai diritti umani e alle libertà fondamentali. Riaffermiamo con forza la nostra determinazione e il nostro impegno a rimanere uniti nel prevenire e combattere il terrorismo attraverso una maggiore solida- rietà e cooperazione internazionale e un approccio determinato e globale a tutti i livelli pertinenti, che coinvolga la partecipazione attiva e la collaborazione di tutti gli Stati partecipanti e delle per- tinenti organizzazioni internazionali e regionali. Riconosciamo che gli Stati partecipanti dovreb- bero adottare misure coerenti con i loro impegni OSCE e, pur mantenendo la titolarità nazionale, affrontare le condizioni che favoriscono la diffusione del terrorismo, riconoscendo al contempo che nessuna condizione può legittimare o giustificare atti di terrorismo. In questo contesto, rico- nosciamo la necessità di affrontare la minaccia posta dalle narrative utilizzate dai terroristi, tra cui la giustificazione pubblica del terrorismo, l’incitamento e il reclutamento, e sollecitiamo gli Stati partecipanti ad agire in modo cooperativo al fine di elaborare le più efficaci risposte a tale minaccia, nel rispetto del diritto internazionale, incluso il diritto internazionale in materia di diritti umani.

7. Accogliamo con favore il lavoro svolto dal Gruppo d’azione finanziaria (GAFI) e sottolineiamo che tutti gli Stati partecipanti dovranno adottare misure appropriate per prevenire e reprimere il finanziamento del terrorismo e astenersi da qualsiasi forma di sostegno finanziario, con partico- lare riguardo agli scambi commerciali diretti o indiretti con organizzazioni terroristiche nel campo delle risorse naturali, come petrolio e prodotti petroliferi, e in quello delle armi, delle munizioni e delle parti di ricambio, dei beni culturali nonché di altri oggetti di interesse archeologico, sto- rico, culturale e di rara importanza scientifica e religiosa. Sottolineiamo inoltre l’importanza della cooperazione tra gli Stati partecipanti dell’OSCE al fine di prevenire e contrastare il reclutamento di membri di gruppi terroristici, ivi inclusi i combattenti terroristi stranieri. Ridurremo ulterior- mente la minaccia del terrorismo prevenendo i movimenti transfrontalieri di persone, armi, fondi connessi ad attività terroristiche, in linea con gli impegni OSCE.

8. Ribadiamo che coloro che partecipano al finanziamento, alla pianificazione, alla facilitazione, alla preparazione o all’attuazione di atti terroristici devono rispondere di tali atti ed essere assi- curati alla giustizia sulla base del principio “estradare o perseguire”, conformemente agli obbli- ghi previsti dal diritto internazionale nonché dalle legislazioni nazionali applicabili. Ribadiamo la nostra determinazione e il nostro impegno a cooperare pienamente nelle attività di prevenzione e lotta al terrorismo, nel rispetto dei diritti umani e delle libertà fondamentali e in conformità con gli obblighi previsti dal diritto internazionale. Esortiamo gli Stati a cooperare negli sforzi per far fronte alla minaccia posta dai terroristi, ivi inclusi i combattenti terroristi stranieri e rimpatriati, tra l’altro sviluppando e attuando, dopo l’azione penale, strategie di riabilitazione e reinserimento.

9. Poniamo l’accento sull’importanza cruciale di condividere le informazioni, soprattutto per quanto riguarda i combattenti terroristi stranieri, i documenti di viaggio rubati e smarriti, le armi e i beni culturali saccheggiati o rubati come gli oggetti antichi, e incoraggiamo tutti gli Stati ad avvalersi pienamente dei meccanismi multilaterali e bilaterali e dei sistemi di scambio di dati disponibili.

365 6.4.2 Rispetto dei diritti umani e dello stato di diritto nella lotta al terrorismo

l’estremismo violento e la radicalizzazione che conducono al terrorismo (VERLT), tra l’altro, con- trastando i messaggi dei terroristi e dell’estremismo violento e offrendo alternative a tali narrative, anche su Internet, sui social media e sui mezzi d’informazione. Incoraggiamo i rappresentanti poli- tici e pubblici, tra cui la società civile e i leader religiosi a condannare fermamente e prontamente l’estremismo violento e la radicalizzazione che conducono al terrorismo;

11. Prendiamo positivamente nota dell’attuazione costante della campagna “OSCE unita nel contra- sto dell’estremismo violento” (#United CVE) e ricordiamo che l’Assemblea generale delle Nazioni Unite ha preso atto del Piano di azione per prevenire l’estremismo violento presentato dal Segre- tario generale delle Nazioni Unite in cui si suggerisce che gli Stati tengano in considerazione le sue pertinenti raccomandazioni nel corso dell’elaborazione, ove opportuno e come applicabile nel loro contesto nazionale, di piani nazionali e regionali di azione per prevenire l’estremismo violento che conduce al terrorismo.

12. Accogliamo con favore le attività svolte dalle strutture esecutive dell’OSCE, incluse le istitu- zioni dell’OSCE, nell’ambito dei mandati esistenti e delle risorse disponibili, a sostegno dell’at- tuazione degli impegni OSCE nel campo della prevenzione e del contrasto del terrorismo, in linea con l’approccio globale dell’OSCE alla sicurezza.

13. Invitiamo i Partner OSCE per la cooperazione a unirsi a noi nel sostenere questa dichiarazione.

6.4.2 Rispetto dei diritti umani e dello stato di diritto nella lotta al terrorismo

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Gli Stati partecipanti (…) esprimono la loro determinazione di adottare misure efficaci per la pre- venzione e la soppressione di atti di terrorismo (…). Essi convengono di agire in tal senso confor- memente (…) all’Atto Finale di Helsinki.

Copenhagen 1990

(6) Gli Stati partecipanti (…) riconoscono la responsabilità di garantire e proteggere, conforme- mente alle proprie leggi, agli obblighi internazionali relativi ai diritti dell’uomo e agli impegni internazionali assunti, l’ordinamento democratico liberamente stabilito attraverso la volontà del popolo contro le attività di persone, gruppi od organizzazioni impegnati in azioni terroristiche o che rifiutano di rinunciare al terrorismo o alla violenza miranti a rovesciare tale ordinamento o quello di un altro Stato partecipante.

Bucarest 2001 (Dichiarazione del Consiglio dei ministri)

3. (…) Ribadiamo che la lotta al terrorismo non è una guerra contro religioni o popoli. Riaffer- miamo il nostro impegno per la tutela dei diritti dell’uomo e delle libertà fondamentali.

4. Siamo decisi a proteggere i nostri cittadini dalle nuove minacce alla sicurezza, pur salvaguar- dando lo stato di diritto, le libertà individuali e il diritto all’uguaglianza di fronte alla legge.

366 6.4.2 Rispetto dei diritti umani e dello stato di diritto nella lotta al terrorismo

Bucarest 2001 (Decisione N.1/01 sulla lotta al terrorismo)

(…) Gli Stati partecipanti all’OSCE non cederanno alle minacce del terrorismo ma lo combatte- ranno con qualsiasi mezzo, conformemente ai loro impegni internazionali. (…) Essi difenderanno la libertà e proteggeranno i loro cittadini dagli atti di terrorismo, nel pieno rispetto del diritto internazionale e dei diritti dell’uomo. Essi respingono risolutamente l’identificazione del terrori- smo con qualsiasi nazionalità o religione e riconfermano le norme, i principi e i valori dell’OSCE.

Bucarest 2001 (Annesso alla Decisione N.1/01 sulla lotta al terrorismo: Piano di azione di Bucarest per la lotta al terrorismo)

26. Prevenzione del movimento dei terroristi: Gli Stati partecipanti: Impediranno la circolazione di terroristi, singoli o in gruppi, tramite efficaci controlli alle frontiere e sul rilascio di documenti di identità e titoli di viaggio; Applicheranno tali misure di controllo nel pieno rispetto del diritto internazionale sui rifugiati e delle leggi sui diritti dell’uomo.

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo)

Gli Stati partecipanti all’OSCE (…)

6. Riaffermano il loro impegno ad adottare le misure necessarie a proteggere i diritti dell’uomo e le libertà fondamentali — in particolar modo il diritto alla vita — di chiunque rientri nella loro giurisdizione, dagli atti terroristici;

7. Si impegnano ad applicare misure efficaci e decise contro il terrorismo, e ad attuare tutte le misure e la cooperazione anti-terrorismo in conformità con lo stato di diritto, la Carta delle Nazioni Unite e le disposizioni di diritto internazionale in materia, gli standard internazionali relativi ai diritti dell’uomo e, ove applicabile, il diritto internazionale umanitario;

Maastricht 2003 (Strategia dell’OSCE per far fronte alle minacce alla sicurezza e alla stabilità nel ventunesimo secolo)

29. (…) Sarà dedicata particolare attenzione al potenziamento delle capacità e ad altri tipi di assi- stenza nella sfera dell’antiterrorismo. Verrà ugualmente affrontata l’importante sfida di attuare efficaci misure contro il terrorismo nel pieno rispetto dello stato di diritto e del diritto internazio- nale, incluse le norme sui diritti dell’uomo. (…)

Sofia 2004 (Dichiarazione del Consiglio dei ministri sulla prevenzione e la lotta al terrorismo)

(…) Ribadiamo nuovamente la nostra determinazione a combattere il terrorismo in tutte le sue forme e manifestazioni (…), nonché a condurre tale lotta nel rispetto dello stato di diritto e con- formemente ai nostri obblighi ai sensi del diritto internazionale, in particolare del diritto interna- 6 zionale in materia di diritti dell’uomo, dei rifugiati e del diritto umanitario.

367 6.4.2 Rispetto dei diritti umani e dello stato di diritto nella lotta al terrorismo

2. Sottolineiamo il ruolo guida delle Nazioni Unite nella lotta globale al terrorismo (…) e appog- giamo la risoluzione 2004/87 della Commissione delle Nazioni Unite per i diritti dell’uomo. (…)

Sofia 2004 (Decisione N.3/04 sulla lotta all’uso di internet per scopi terroristici)

(…) preoccupato dalle proporzioni dell’utilizzo di Internet da parte di organizzazioni terroristiche (…) decide che gli Stati partecipanti si scambieranno informazioni sull’uso di Internet per scopi terroristici e individueranno possibili strategie per combattere tale minaccia, assicurando al con- tempo il rispetto degli obblighi e degli standard internazionali in materia di diritti dell’uomo, ivi inclusi quelli attinenti al diritto alla privacy e alla libertà di opinione e di espressione;

Bruxelles 2006 (Dichiarazione del Consiglio dei ministri sul sostegno e la promozione del quadro giuridico internazionale per contrastare il terrorismo) (…)

Sottolineiamo che le misure volte a condurre tale lotta devono essere adottate nel pieno rispetto dello stato di diritto e conformemente ai nostri obblighi ai sensi del diritto internazionale, in partico- lare del diritto internazionale in materia di diritti dell’uomo, dei rifugiati e del diritto umanitario. (…)

Madrid 2007 (Decisione N.5/07 sui partenariati pubblico-privati per contrastare il terrorismo) (…)

riaffermando l’importanza fondamentale, anche nell’ambito della risposta al terrorismo e alla paura del terrorismo, di rispettare tutti i diritti dell’uomo e le libertà fondamentali, nonché lo stato di diritto, e di attenersi ai pertinenti obblighi ai sensi del diritto internazionale, con particolare riguardo ai diritti dell’uomo, ai diritti dei rifugiati e al diritto umanitario, (…)

(…) A tale riguardo, si dovrebbero tenere in debita considerazione iniziative volte in particolare a:

(…) promuovere la tolleranza, i diritti dell’uomo, lo stato di diritto, la democrazia, il buon governo e il dialogo interculturale,

promuovere la sensibilizzazione dell’opinione pubblica e le attività di contatto attraverso i mezzi d’informazione e gli istituti di istruzione, nel rispetto della diversità culturale e religiosa,

(…) decide di:

1. incaricare il Segretario generale e le istituzioni OSCE di continuare a promuovere il coinvolgi- mento del settore privato (società civile e comunità imprenditoriale) nelle loro attività di contra- sto al terrorismo, ove sia pertinente e appropriato; (…)

368 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

Helsinki 2008 (Decisione N.7/08 sull’ulteriore rafforzamento dello stato di diritto nell’area dell’OSCE)

Il Consiglio dei ministri, (…)

Helsinki 2008 (Decisione N.10/08 sull’ulteriore promozione dell’azione di contrasto al terrorismo da parte dell’OSCE)

Il Consiglio dei ministri,

sottolineando nuovamente la determinazione degli Stati partecipanti all’OSCE a combattere il ter- rorismo in tutte le sue forme e manifestazioni, quale crimine privo di giustificazione, qualunque ne sia la motivazione o l’origine, e a condurre questa lotta nel rispetto dello stato di diritto e in conformità con i loro obblighi ai sensi del diritto internazionale, in particolar modo del diritto internazionale in materia di diritti umani, dei rifugiati e del diritto internazionale umanitario, (…)

6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

Madrid 1983 (Questioni relative alla sicurezza in Europa: Principi)

Nell’ambito della lotta contro gli atti di terrorismo essi prenderanno tutte le misure appropriate per impedire che i loro rispettivi territori vengano usati per preparare, organizzare o perpetrare attività terroristiche, comprese quelle dirette contro altri Stati partecipanti e i loro cittadini. Ciò include anche misure intese a proibire nei loro territori attività illegali di persone, gruppi e orga- nizzazioni che istigano, organizzano o perpetrano atti di terrorismo.

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(10) (…) gli Stati partecipanti esprimono la loro intenzione (…)

(10.3.) — di impedire nei loro territori attività illegali di persone, gruppi od organizzazioni che istigano, organizzano o perpetrano atti di terrorismo o attività sovversive o di altro genere dirette a rovesciare violentemente il regime di un altro Stato partecipante;

Istanbul 1999 (Carta per la sicurezza europea: I. Le nostre sfide comuni) 6

4. (…) Intensificheremo i nostri sforzi volti a prevenire la progettazione e il finanziamento di qual- siasi atto terroristico sui nostri territori e impediremo che i terroristi trovino rifugi sicuri. (…)

369 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

Bucarest 2001 (Annesso alla Decisione N.1/01 sulla lotta al terrorismo: Piano di azione di Bucarest per la lotta al terrorismo)

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo)

Gli Stati partecipanti all’OSCE, fermamente impegnati nella lotta congiunta al terrorismo,

8. Riaffermano che ogni Stato è obbligato ad astenersi dal fornire riparo ai terroristi, organizzare, istigare, prestare supporto o assistenza attivi o passivi o sponsorizzare in altro modo atti terrori- stici in un altro Stato, o tollerare che si svolgano attività organizzate all’interno del proprio terri- torio volte a commettere tali atti; (…)

24. Riconoscono che è necessario integrare la cooperazione internazionale adottando tutte le misure necessarie per prevenire e reprimere nei loro territori, tramite tutti i mezzi legali, l’assistenza, il finanziamento e la preparazione di qualsiasi atto terroristico, e rendere legalmente perseguibili la messa a disposizione o la raccolta intenzionali di fondi a fini terroristici, nel quadro degli obbli- ghi da essi assunti ai sensi della Convenzione Internazionale per la Repressione dei Finanziamenti al Terrorismo e delle risoluzioni del Consiglio di Sicurezza in materia; (…)

370 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

sottolineando la nostra ferma e incondizionata condanna del terrorismo e dell’estremismo vio- lento, nonché la nostra profonda solidarietà a tutte le vittime del terrorismo,

esprimendo profonda preoccupazione per il fatto che alcuni crimini gravi perpetrati da terroristi o da gruppi terroristici, inclusi i combattenti terroristi stranieri, siano stati diretti contro persone e gruppi a causa della loro etnia, religione o credo, e riconoscendo il ruolo che la discriminazione e l’intolleranza possono svolgere nell’alimentare l’estremismo violento e la radicalizzazione che conducono al terrorismo, sottolineando l’impegno degli Stati partecipanti a adottare le misure necessarie a proteggere chiunque rientri nella loro giurisdizione contro gli atti di terrorismo, e a intraprendere azioni risolute per contrastare il terrorismo e i combattenti terroristi stranieri, (…), a sostegno dei nostri impegni OSCE pertinenti e in ottemperanza alle disposizioni applicabili ai sensi del diritto internazionale, incluso il diritto internazionale in materia di diritti umani, il diritto internazionale sui rifugiati e il diritto internazionale umanitario,

371 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

ponendo l’accento sul ruolo primario degli Stati partecipanti nel prevenire e contrastare il terrorismo e l’estremismo violento, rispettando al contempo i loro obblighi ai sensi del diritto internazionale,

ponendo l’accento sul ruolo importante che i giovani, le famiglie, le donne, le vittime del terro- rismo, i capi religiosi, i responsabili dei settori culturali e educativi, la società civile, così come i mezzi di informazione possono svolgere per contrastare la narrativa divulgata dall’estremismo violento che può istigare a compiere atti terroristici, e per far fronte alle condizioni che favoriscono la diffusione del terrorismo, in particolare promuovendo il rispetto e la comprensione reciproci, la riconciliazione e la coesistenza pacifica tra le culture, e promuovendo e proteggendo i diritti umani, le libertà fondamentali, i principi di democrazia e lo stato di diritto, (…)

invitiamo gli Stati partecipanti:

1. ad accrescere ulteriormente i loro sforzi volti a prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo nei propri paesi, seguendo un approccio multidi- mensionale, e ad avvalersi a tale riguardo, ove appropriato e necessario, delle strutture esecutive dell’OSCE, incluse le operazioni sul terreno nell’ambito dei rispettivi mandati;

2. a rafforzare il loro impegno a contrastare e reprimere il finanziamento del terrorismo, in appli- cazione e conformemente alle pertinenti Risoluzioni del Consiglio di sicurezza delle Nazioni Unite (…) e a sostegno degli impegni OSCE (…);

3. a adottare le misure necessarie e appropriate, conformemente ai loro obblighi ai sensi del diritto internazionale, e nel rispetto dei diritti umani e delle libertà fondamentali, al fine di vietare per legge l’istigazione a commettere atti di terrorismo e di prevenire tale condotta;

4. a cooperare per prevenire e contrastare l’estremismo violento e la radicalizzazione che condu- cono al terrorismo, attraverso, tra l’altro, il rafforzamento delle capacità, il coordinamento dei piani e degli sforzi e la condivisione delle lezioni apprese, anche al fine di eliminare la fornitura di armi ai terroristi, prevenire la radicalizzazione al terrorismo, il reclutamento e la mobilitazione di sin- goli individui come terroristi, ivi inclusi i combattenti terroristi stranieri;

5. a prendere in considerazione, come appropriato, l’elaborazione e l’aggiornamento delle stra- tegie antiterroristiche e dei piani d’azione nazionali, ivi incluse politiche e misure specifiche per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, in applicazione degli impegni OSCE e conformemente ai loro obblighi ai sensi del diritto interna- zionale, incluse le norme sui diritti umani;

6. a promuovere un approccio onnicomprensivo a tutti i livelli per prevenire e contrastare l’estre- mismo violento e la radicalizzazione che conducono al terrorismo, ivi inclusi il coordinamento tra

372 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

le autorità nazionali, la cooperazione tra gli Stati partecipanti e la cooperazione con le organizza- zioni internazionali e regionali pertinenti;

7. a promuovere la ricerca e lo scambio di informazioni sulle condizioni che favoriscono la diffu- sione dell’estremismo violento e della radicalizzazione che conducono al terrorismo, e sui modi per contrastarle;

8. a incoraggiare i leader politici e le figure pubbliche, ivi inclusi la società civile e i leader religiosi, a contribuire alla prevenzione e al contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo, condannando fermamente e prontamente l’estremismo violento e la radi- calizzazione che conducono al terrorismo;

9. a promuovere ulteriormente i partenariati pubblico-privati nell’ambito del contrasto al terrori- smo, come appropriato, tra le autorità pubbliche, il settore privato, la società civile, i membri o i rappresentanti di comunità religiose e i mezzi di informazione, in linea, tra l’altro, con la Deci- sione del Consiglio dei ministri N.10/08, al fine di contrastare l’istigazione al terrorismo e all’e- stremismo violento e alla radicalizzazione che conducono al terrorismo;

10. a migliorare la cooperazione internazionale e i partenariati pubblico-privati al fine di elabo- rare misure pratiche per contrastare l’utilizzo di Internet e altri mezzi allo scopo di istigare all’e- stremismo violento e alla radicalizzazione che conducono al terrorismo e di reclutare combattenti terroristi stranieri. Detta cooperazione internazionale e detti partenariati pubblico-privati potreb- bero promuovere iniziative di comunicazione, anche attraverso i social media, per contrastare messaggi di estremismo violento, rispettando al contempo pienamente il diritto alla libertà di opi- nione ed espressione; (…)

12. a incoraggiare un dialogo e una cooperazione aperti e trasparenti, interculturali, interconfes- sionali e interreligiosi, al fine di contribuire, tra l’altro, ad accrescere la tolleranza, il rispetto e la comprensione reciproci a livello locale, nazionale, regionale e internazionale;

13. a tenere conto della prospettiva di genere nei loro sforzi volti a contrastare il terrorismo e a pre- venire l’estremismo violento e la radicalizzazione che conducono al terrorismo, concentrandosi sull’emancipazione delle donne e sulla partecipazione delle donne nonché degli uomini a tali sforzi;

14. a coinvolgere e fornire maggior potere ai giovani al fine di prevenire e contrastare l’estremi- smo violento e la radicalizzazione che conducono al terrorismo, tra l’altro: (a) creando un clima favorevole e opportunità per la partecipazione e l’impegno volontario e libero dei giovani nella vita pubblica e nella promozione dei diritti umani, delle libertà fondamentali, dei principi di democrazia, dello stato di diritto, della tolleranza, della non discriminazione, del dia- logo, del rispetto e della comprensione reciproci, facilitandone altresì l’accesso ai servizi sociali; (b) sostenendo i giovani che desiderano contribuire a tali sforzi attraverso la formazione scolastica e presso gli istituti di educazione superiore; (c) sostenendo iniziative di sensibilizzazione condotte dai giovani e incentrate sui giovani, anche su Internet e i social media, atte a prevenire e contrastare la loro radicalizzazione al terrorismo e a promuovere il rispetto per i diritti umani, le libertà fondamentali, la tolleranza e la non discri- 6 minazione; (d) promuovendo programmi che facilitino l’accesso dei giovani all’occupazione;

373 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

15. a prendere in considerazione l’opportunità di sostenere le attività dell’OSCE in tutte e tre le dimensioni della sicurezza, anche attraverso contributi finanziari volontari, che concorrono agli sforzi globali di prevenzione e contrasto dell’estremismo violento e della radicalizzazione che con- ducono al terrorismo, riconoscendo al contempo il ruolo guida delle Nazioni Unite;

16. a invitare i Partner per la cooperazione dell’OSCE a impegnarsi attivamente con noi per raffor- zare il nostro dialogo e la nostra cooperazione nella prevenzione e nel contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo, rispettando e proteggendo i diritti umani e le libertà fondamentali in tale contesto, prevenendo e contrastando le manifestazioni di intolleranza e discriminazione, incluse quelle basate sulla religione o sul credo, sulla xenofobia, sulla violenza, promuovendo altresì il dialogo interconfessionale, interreligioso e interculturale, (…), e a incoraggiare i Partner per la cooperazione a continuare ad avvalersi al meglio dei principi, delle norme e degli impegni dell’OSCE, così come dei suoi strumenti pertinenti;

17. incoraggiamo i parlamentari a continuare il dialogo al fine di rafforzare la legislazione che è essenziale per combattere il terrorismo, promuovendo la solidarietà con le vittime di terrorismo, e li incoraggiamo a condannare fermamente e prontamente l’intolleranza, la discriminazione, il ter- rorismo, l’estremismo violento e la radicalizzazione che conducono al terrorismo;

esortiamo le pertinenti strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati e delle risorse disponibili:

18. a continuare a sostenere gli Stati partecipanti, su richiesta, nel prevenire e contrastare l’estre- mismo violento e la radicalizzazione che conducono al terrorismo, seguendo un approccio multi- dimensionale, anche in relazione ai giovani, come appropriato;

19. a facilitare lo scambio di esperienze pratiche e buone prassi, e, su richiesta, fornire assistenza come appropriato, tra l’altro, al fine di: (a) promuovere la ricerca e lo scambio di informazioni sulle condizioni che favoriscono l’estremi- smo violento e la radicalizzazione che conducono al terrorismo e sulle modalità per contrastarle; (b) elaborare, come appropriato, strategie antiterroristiche e piani d’azione nazionali, incluse poli- tiche e misure volte a contrastare l’estremismo violento e la radicalizzazione che conducono al ter- rorismo; (c) integrare una prospettiva di genere nell’ambito della prevenzione e del contrasto dell’estremi- smo violento e della radicalizzazione che conducono al terrorismo, concentrandosi in particolare sull’emancipazione femminile e sulla partecipazione delle donne nonché degli uomini a tali sforzi; (d) assistere gli Stati partecipanti nello sviluppo di attività pratiche, in partenariato con la società civile e con il settore privato, come appropriato, e sostenere l’elaborazione di politiche, approcci e strategie per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo; (e) promuovere lo scambio di migliori prassi, come appropriato, ed esaminare la possibilità di ela- borare linee guide internazionali sulla riabilitazione, reintegrazione e prevenzione della radica- lizzazione nelle prigioni; (f) attuare approcci alla prevenzione del terrorismo e al contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo basati sulla polizia di prossimità; (g) promuovere la cooperazione tra esperti dei governi, della società civile, del mondo accademico, dei mezzi di informazione e del settore privato per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo;

374 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

(h) rafforzare il ruolo della società civile, delle donne, dei giovani e dei leader religiosi nella preven- zione e nel contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo; (i) promuovere e proteggere i diritti umani e le libertà fondamentali, così come lo stato di diritto, nell’ambito delle misure per prevenire il terrorismo e contrastare l’estremismo violento e la radi- calizzazione che conducono al terrorismo; (j) affrontare i fattori socioeconomici negativi nel contesto della prevenzione del terrorismo e del contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo; (k) incoraggiare iniziative iniziative educative e altre misure che promuovano la tolleranza e la non discriminazione e la non violenza, che sensibilizzino l’opinione pubblica e contrastino gli stereo- tipi xenofobi, l’intolleranza e la discriminazione, nell’ambito degli sforzi volti a prevenire e con- trastare l’estremismo violento e la radicalizzazione che conducono al terrorismo; (l) riconoscere il ruolo che i mezzi di informazione svolgono nel favorire il dibattito pluralistico e incoraggiare la professionalità e l’autoregolamentazione volontaria dei mezzi di informazione, al fine di promuovere la tolleranza per la diversità etnica, religiosa, linguistica e culturale, e preve- nire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, rispet- tando l’indipendenza e la libertà dei mezzi di informazione;

20. a cooperare con le Nazioni Unite e altre organizzazioni e iniziative internazionali e regionali pertinenti, al fine di evitare la duplicazione degli sforzi e massimizzare le sinergie per prevenire e contrastare l’estremismo violento e la radicalizzazione che conducono al terrorismo;

21. a sostenere i Partner per la cooperazione conformemente ai bisogni e alle priorità da loro indi- viduate, (…);

22 incarichiamo le operazioni sul terreno di riferire tramite il Segretariato al Consiglio perma- nente entro il 26 marzo 2016 sulle loro attività trascorse, presenti e possibili in conformità ai loro rispettivi mandati, intese specificamente a sostenere gli sforzi nei rispettivi paesi ospiti volti a con- trastare l’estremismo violento e la radicalizzazione che conducono al terrorismo, seguendo un approccio multidimensionale.

Amburgo 2016 (Decisione N.6/16 sul potenziamento dell’uso delle informazioni anticipate sui passeggeri) (…)

ribadendo la necessità di combattere il terrorismo, che costituisce una delle più gravi minacce per la pace e la sicurezza internazionali, in conformità con la Carta delle Nazioni Unite e con il diritto internazionale, incluso il diritto internazionale applicabile in materia di diritti umani, il diritto internazionale dei rifugiati e il diritto umanitario internazionale,

ricordando l’obbligo previsto nella risoluzione 2178 (2014) del Consiglio di sicurezza delle Nazioni Unite di impedire gli spostamenti di terroristi o di gruppi terroristici, in conformità con il diritto internazionale applicabile, attraverso, tra l’altro, efficaci controlli alle frontiere, e di intensificare e accelerare lo scambio di informazioni operative, in conformità con la legislazione nazionale e il diritto internazionale riguardanti le azioni o gli spostamenti di terroristi e di reti terroristiche, inclusi i combattenti terroristi stranieri, con i loro Stati di residenza o nazionalità, attraverso mec- canismi bilaterali o multilaterali, 6 (…)

375 6.4.3 Prevenzione delle attività legate al terrorismo sul territorio degli Stati partecipanti

dichiarando la nostra intenzione di individuare e prevenire lo spostamento di combattenti ter- roristi stranieri nel pieno rispetto delle risoluzioni del Consiglio di sicurezza delle Nazioni Unite 2178 (2014) e 2309 (2016), che esortano tutti gli Stati a “richiedere che le compagnie aeree che ope- rano sul loro territorio forniscano alle competenti autorità nazionali informazioni anticipate sui passeggeri al fine di rilevare la partenza dal loro territorio, o il tentativo di ingresso o di transito attraverso il loro territorio, utilizzando aeromobili civili, di persone indicate dal Comitato (…) (…)

decidiamo che gli Stati partecipanti dell’OSCE si impegnino a:

1. istituire sistemi di informazioni anticipate sui passeggeri (API) in conformità con le disposi- zioni contenute nell’Annesso 9 alla Convenzione sull’aviazione civile internazionale (Convenzione di Chicago) dell’ICAO e in linea con le linee guida OMD/IATA/ICAO sulle informazioni anti- cipate sui passeggeri (API), ivi incluse quelle relative alla riservatezza e alla protezione dei dati, al fine di raccogliere in modo efficace dati sui passeggeri e/o l’equipaggio di compagnie aeree ope- ranti sul loro territorio;

2. considerare la creazione a livello nazionale di un sistema interattivo per lo scambio di dati API (iAPI) al fine di prevenire gli spostamenti di combattenti terroristi stranieri, in linea con le riso- luzioni 2178 (2014) e 2309 (2016) del Consiglio di sicurezza delle Nazioni Unite;

3. aderire al documento ICAO 9082 “Politiche ICAO in materia di tariffe per gli aeroporti e i ser- vizi di navigazione aerea” nel contesto della creazione di un sistema API, riconoscendo che spetta agli Stati assicurare l’attuazione di adeguate misure di sicurezza agli aeroporti;

4. collaborare con tutte le pertinenti parti interessate nazionali nell’attuazione dei sistemi API a livello nazionale e considerare l’istituzione di un’autorità competente a ricevere, a nome di tutte le altre autorità, tutti i dati relativi ai passeggeri, nei diversi formati, attraverso uno sportello unico di raccolta dei dati;

5. accrescere il valore aggiunto dei dati API cercando di stabilire un controllo incrociato automa- tizzato di tali dati con le pertinenti liste di controllo delle autorità nazionali, regionali e interna- zionali, con particolare riguardo alle banche dati dell’INTERPOL e dell’elenco ONU delle parti soggette a sanzioni;

6. fornire assistenza finalizzata alla creazione di un sistema API da parte di Stati partecipanti che la richiedano;

incarichiamo le strutture esecutive dell’OSCE, nell’ambito dei rispettivi mandati e delle risorse disponibili, di:

7. sostenere gli sforzi globali di sensibilizzazione sui requisiti previsti dalle risoluzioni 2178 (2014) e 2309 (2016) del Consiglio di sicurezza delle Nazioni Unite in materia di informazioni anticipate sui passeggeri e determinare le necessità in materia di assistenza tecnica degli Stati partecipanti che la richiedano, nonché individuare potenziali donatori ai fini del rafforzamento delle capacità;

8. prestare sostegno agli Stati partecipanti che lo richiedano nella creazione di sistemi API, in coo- perazione con pertinenti organizzazioni internazionali e regionali.

376 6.4.4 Estradizione e procedimenti giudiziari nei confronti di soggetti implicati in atti terroristici

Amburgo 2016 (Dichiarazione ministeriale sul rafforzamento degli sforzi dell’OSCE volti a prevenire e a contrastare il terrorismo) (…)

10. Sottolineiamo l’importanza della cooperazione tra gli Stati partecipanti dell’OSCE, anche con il coinvolgimento, ove appropriato, della società civile, al fine di prevenire e combattere il terrori- smo. Sottolineiamo inoltre l’importante ruolo che la società civile, in particolare i giovani, le fami- glie, le donne, le vittime del terrorismo, i leader religiosi e i rappresentanti del mondo culturale e dell’istruzione, così come i mezzi d’informazione e il settore privato, può svolgere nel prevenire l’estremismo violento e la radicalizzazione che conducono al terrorismo (VERLT), tra l’altro, con- trastando i messaggi dei terroristi e dell’estremismo violento e offrendo alternative a tali narrative, anche su Internet, sui social media e sui mezzi d’informazione. Incoraggiamo i rappresentanti poli- tici e pubblici, tra cui la società civile e i leader religiosi a condannare fermamente e prontamente l’estremismo violento e la radicalizzazione che conducono al terrorismo;

6.4.4 Estradizione e procedimenti giudiziari nei confronti di soggetti implicati in atti terroristici

Vienna 1989 (Questioni relative alla sicurezza in Europa: Principi)

(10) (…) gli Stati partecipanti esprimono la loro intenzione (…)

(10.5) di assicurare che le persone implicate in atti terroristici siano estradate o processate e di attuare una stretta cooperazione qualora si verifichino conflitti di giurisdizione che coinvolgano più Stati, agendo, in ambedue i casi, conformemente ai pertinenti accordi internazionali;

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

6. Gli Stati partecipanti (…), in particolare, adotteranno iniziative volte a soddisfare il contenuto degli accordi internazionali in base ai quali sono tenuti a incriminare o estradare i terroristi.

Bucarest 2001 (Annesso alla Decisione N.1/01 sulla lotta al terrorismo: Piano di azione di Bucarest per la lotta al terrorismo)

19. Sostegno agli organi preposti all’applicazione della legge e alla lotta alla criminalità organiz- zata: Gli Stati partecipanti: (…) Offriranno, reciprocamente, il massimo grado di assistenza nel fornire informazioni relative a indagini criminali o nei procedimenti penali di estradizione con- cernenti atti terroristici, conformemente alle loro leggi nazionali e ai loro obblighi internazionali.

Porto 2002 (Carta dell’OSCE per la prevenzione e la lotta al terrorismo) 6

Gli Stati partecipanti all’OSCE, fermamente impegnati nella lotta congiunta al terrorismo, (…)

377 6.4.4 Estradizione e procedimenti giudiziari nei confronti di soggetti implicati in atti terroristici

10. Adotteranno adeguati provvedimenti per garantire che non venga concesso asilo a chiunque abbia pianificato o agevolato atti terroristici, o vi abbia partecipato, in conformità con le disposi- zioni di diritto internazionale e nazionale in materia (…); (…)

Lubiana 2005 (Decisione N.4/05 sul rafforzamento della cooperazione giudiziaria in materia penale per contrastare il terrorismo)

Il Consiglio dei ministri,

deciso a rafforzare le attività dell’OSCE nell’ambito della lotta al terrorismo, conformemente al diritto internazionale e agli esistenti impegni dell’OSCE,

richiamando le risoluzioni 1373 (2001), 1566 (2004) e 1624 (2005) del Consiglio di sicurezza delle Nazioni Unite, che esortano tutti gli Stati ad aderire quanto prima alle pertinenti convenzioni e protocolli internazionali in materia di terrorismo e a cooperare pienamente nella lotta al terro- rismo e ricordando inoltre i pertinenti impegni dell’OSCE in tale ambito,

ricordando altresì la risoluzione 1631 (2005) del Consiglio di sicurezza delle Nazioni Unite, in par- ticolare laddove si esortano “tutte le pertinenti organizzazioni regionali e subregionali ad accre- scere l’efficacia delle proprie iniziative antiterrorismo nell’ambito dei rispettivi mandati in vista, tra l’altro, di potenziare la capacità di coadiuvare gli Stati partecipanti nelle iniziative volte a con- trastare le minacce alla pace e alla sicurezza internazionale poste dagli atti di terrorismo”,

rallegrandosi degli sforzi in atto in seno alle Nazioni Unite per finalizzare tempestivamente il pro- getto di una convenzione globale sul terrorismo,

riconoscendo che le convenzioni e i protocolli sopraccitati rappresentano un regime giuridico universale contro il terrorismo e che, in assenza di trattati bilaterali di assistenza giudiziaria reci- proca e di estradizione, essi potrebbero, unitamente alla Convenzione delle Nazioni Unite con- tro la criminalità organizzata transnazionale (Convenzione di Palermo), costituire una base per la cooperazione giudiziaria, (…)

decide che gli Stati partecipanti coopereranno attivamente e pienamente fra di loro, in conformità con le norme applicabili ai sensi del diritto nazionale ed internazionale, nell’ambito di iniziative volte ad individuare e a portare in giudizio i responsabili, gli organizzatori, i sostenitori e i finan- ziatori di atti terroristici, sulla base del principio di estradare o giudicare, (…)

378 6.4.4 Estradizione e procedimenti giudiziari nei confronti di soggetti implicati in atti terroristici

incarica il Segretario generale di organizzare per gli Stati partecipanti che ne facciano richiesta, in stretta cooperazione con l’UNODC, seminari nazionali di formazione per magistrati e funzio- nari delle autorità giudiziarie su questioni riguardanti l’estradizione e la reciproca assistenza giu- diziaria in materia penale, in particolare nei casi connessi al terrorismo.

Bruxelles 2006 (Dichiarazione del Consiglio dei ministri sul sostegno e la promozione del quadro giuridico internazionale per contrastare il terrorismo) (…)

Madrid 2007 (Dichiarazione del Consiglio dei ministri sul sostegno alla strategia globale delle Nazioni Unite contro il terrorismo) (…)

13. Gli Stati partecipanti coopereranno pienamente alla lotta contro il terrorismo, in linea con i loro obblighi derivanti dal diritto internazionale, al fine di individuare, non accogliere e assicurare alla giustizia, conformemente al principio di estradare o perseguire, tutti coloro che sostengono o facilitano il finanziamento, la pianificazione, la preparazione o l’esecuzione di atti terroristici, vi partecipano o tentano di parteciparvi, nonché forniscono rifugio sicuro ai responsabili di tali atti. Gli Stati partecipanti adotteranno misure adeguate in conformità alle pertinenti disposi- zioni del diritto nazionale e internazionale, inclusi gli standard internazionali in materia di diritti dell’uomo, prima di concedere lo status di rifugiato, allo scopo di garantire che i richiedenti asilo non abbiano pianificato o facilitato l’esecuzione di atti terroristici o vi abbiano partecipato. Con- formemente al diritto internazionale essi faranno in modo che i responsabili, gli organizzatori o coloro che facilitano atti di terrorismo non si avvalgano dello status di rifugiato e che la rivendi- cazione di motivazioni politiche non sia riconosciuta come giustificazione per respingere le richie- ste di estradizione di presunti terroristi; (…)

Atene 2009 (Decisione N.3/09 sulle ulteriori misure volte a sostenere e promuovere il quadro giuridico internazionale contro il terrorismo)

Il Consiglio dei ministri, (…)

riconoscendo la necessità di recepire le disposizioni in materia di reati previste dalle convenzioni e dai protocolli universali contro il terrorismo nelle legislazioni penali e, ove applicabile, nelle legi- 6 slazioni amministrative e civili nazionali, rendendo tali reati punibili con sanzioni appropriate, al fine di assicurare alla giustizia gli autori, gli organizzatori, i sostenitori e i finanziatori di atti ter- roristici nel rispetto dello stato di diritto, e di facilitare la cooperazione giudiziaria internazionale

379 6.4.5 Lotta all’uso di Internet per scopi terroristici

sulla base del principio “estradare o perseguire penalmente”, come previsto da pertinenti risolu- zioni del Consiglio di sicurezza delle Nazioni Unite e da strumenti universali di lotta al terrorismo,

riconoscendo inoltre che gli Stati partecipanti all’OSCE potrebbero avere bisogno di assistenza tecnica per realizzare quanto sopra menzionato, (…)

Amburgo 2016 (Dichiarazione ministeriale sul rafforzamento degli sforzi dell’OSCE volti a prevenire e a contrastare il terrorismo) (…)

6.4.5 Lotta all’uso di Internet per scopi terroristici

Sofia 2004 (Decisione N.3/04 sulla lotta all’uso di internet per scopi terroristici)

Il Consiglio dei ministri,

(…) preoccupato dalle proporzioni dell’utilizzo di Internet da parte di organizzazioni terroristi- che per: • individuare e reclutare potenziali membri, • raccogliere e trasferire risorse finanziarie, • organizzare atti terroristici, • istigare ad atti terroristici in particolare attraverso l’uso della propaganda,

decide che gli Stati partecipanti si scambieranno informazioni sull’uso di Internet per scopi terro- ristici e individueranno possibili strategie per combattere tale minaccia (…).

Bruxelles 2006 (Decisione N.7/06 sul contrasto all’uso di Internet per scopi terroristici)

Il Consiglio dei ministri, (…)

continuando a nutrire profonda preoccupazione per il crescente uso di Internet per scopi terro- ristici (…),

ribadendo in tale contesto l’importanza del pieno rispetto del diritto alla libertà di opinione e alla libertà di espressione, che comprende la libertà di cercare, ricevere e divulgare informazioni, che sono vitali per la democrazia e che sono di fatto rafforzate da Internet (…) e dallo stato di diritto,

380 6.4.5 Lotta all’uso di Internet per scopi terroristici

riconoscendo che la risoluzione 1624 (2005) del Consiglio di sicurezza delle Nazioni Unite esorta gli Stati ad adottare misure necessarie ed appropriate e, in conformità ai loro obblighi di diritto interna- zionale, a vietare per legge l’istigazione a commettere atti di terrorismo e a prevenire tale condotta,

ribadendo il nostro impegno conformemente alla Strategia globale delle Nazioni Unite contro il ter- rorismo, in particolare “di coordinare gli sforzi a livello internazionale e regionale per contrastare il terrorismo in Internet in tutte le sue forme e manifestazioni” e “di usare Internet come stru- mento per contrastare la diffusione del terrorismo, riconoscendo nel contempo agli Stati la possi- bilità di richiedere assistenza a tale riguardo”, (…)

richiamando la Convenzione del Consiglio d’Europa sulla criminalità informatica (2001), l’unico strumento multilaterale giuridicamente vincolante che affronta specificatamente la criminalità informatica, fornendo tra l’altro un quadro giuridico comune per la cooperazione internazionale fra gli Stati Parte della Convenzione nella lotta alla criminalità informatica, nonché il suo Proto- collo aggiuntivo relativo alla configurazione come reato di atti di natura razzista e xenofoba com- messi tramite mezzi informatici,

riconoscendo l’impegno assunto al Vertice del G8 (San Pietroburgo, Federazione Russa, 16 luglio 2006) di contrastare efficacemente i tentativi di sfruttare lo spazio cibernetico a scopi terrori- stici, inclusa l’istigazione a commettere atti di terrorismo, a comunicare e pianificare atti di ter- rorismo, ivi compreso il reclutamento e l’addestramento di terroristi, e rilevando in particolare il ruolo della “Rete 24/7 sulla criminalità informatica” del G8 per contrastare comportamenti cri- minali nello spazio cibernetico, (…)

tenendo conto dei differenti approcci nazionali per definire “illecito” e “deplorevole” un contenuto, nonché dei differenti metodi di trattare un contenuto illecito e deplorevole nello spazio ciberne- tico, come ad esempio l’eventuale uso di informazioni riservate raccolte dal traffico Internet e dai relativi contenuti al fine di chiudere siti web di organizzazioni terroristiche e di loro sostenitori,

preoccupato dai continui attacchi di pirateria informatica che, benché non connessi con il terro- rismo, dimostrano l’esistenza di una competenza in tale campo, creando in tal modo la possibi- lità di lanciare attacchi terroristici cibernetici contro sistemi informatici, che colpiscono l’attività di importanti strutture, istituzioni finanziarie e altre reti vitali,

1. decide di intensificare l’azione dell’OSCE e dei suoi Stati partecipanti potenziando in particolare la cooperazione internazionale nella lotta all’uso di Internet per scopi terroristici;

2. invita gli Stati partecipanti a considerare la possibilità di adottare tutte le misure appropriate per proteggere importanti strutture e reti che trattano informazioni sensibili dalla minaccia di attac- chi di pirateria informatica;

3. invita gli Stati partecipanti a considerare la possibilità di divenire parti di strumenti giuridici internazionali e regionali esistenti e di attuarne gli obblighi, incluse le Convenzioni del Consiglio d’Europa sulla criminalità informatica (2001) e sulla prevenzione del terrorismo (2005); 6 4. incoraggia gli Stati partecipanti ad aderire alla “Rete 24/7 sulla criminalità informatica” del G8 e a nominare un’unità/persona di contatto appropriata per tale rete, al fine di ottimizzare la coo- perazione internazionale fra le istituzioni preposte all’applicazione della legge sull’utilizzo dello

381 6.4.5 Lotta all’uso di Internet per scopi terroristici

spazio cibernetico a fini criminali, nonché nei casi penali che implicano prove elettroniche, come appropriato;

5. esorta gli Stati partecipanti, quando sia loro richiesto, a trattare contenuti illeciti ai sensi della loro legislazione nazionale e ospitati da siti che rientrano nella loro giurisdizione, ad adottare tutte le misure appropriate contro tali contenuti e a cooperare con altri Stati interessati, conformemente alla loro legislazione nazionale e allo stato di diritto, nonché ai loro obblighi internazionali, incluso il diritto umanitario internazionale;

6. invita gli Stati partecipanti a intensificare il monitoraggio dei siti web di organizzazioni terrori- stiche e/o estremiste violente e di loro sostenitori e a potenziare lo scambio di informazioni in seno all’OSCE e ad altri fori pertinenti sull’uso di Internet a scopi terroristici e sulle misure adottate per contrastarlo, in conformità alla legislazione nazionale, assicurando nel contempo il rispetto degli obblighi e degli standard del diritto umanitario internazionale, inclusi quelli concernenti i diritti alla privacy e alla libertà di opinione e di espressione, nonché dello stato di diritto. Si dovranno evitare duplicazioni di sforzi con attività in corso in altri fori internazionali;

7. raccomanda agli Stati partecipanti di esplorare la possibilità di un più attivo coinvolgimento delle istituzioni della società civile e del settore privato nella prevenzione e nella lotta all’uso di Inter- net per scopi terroristici; (…)

9. incarica il Segretario generale di promuovere, in particolare tramite la Rete antiterrorismo dell’OSCE, lo scambio di informazioni sulla minaccia posta dall’uso di Internet per scopi terrori- stici, inclusi l’istigazione, il reclutamento, il reperimento di fondi, l’addestramento, la scelta degli obiettivi e la pianificazione di atti terroristici, nonché su misure legislative e di altro genere adot- tate per contrastare tale minaccia.

Madrid 2007 (Dichiarazione del Consiglio dei ministri sul sostegno alla strategia globale delle Nazioni Unite contro il terrorismo) (…)

14. rimanendo profondamente preoccupati per l’uso di Internet a scopi terroristici, gli Stati parte- cipanti continueranno a scambiare informazioni in merito a tale minaccia e adotteranno misure in linea con la Decisione del Consiglio dei ministri N.7/06 sulla lotta contro l’uso di Internet a scopi terroristici; (…)

Belgrado 2015 (Dichiarazione ministeriale sulla prevenzione e il contrasto dell’estremismo violento e della radicalizzazione che conducono al terrorismo) (…)

382 6.5 Gestione dei rischi legati all’uso improprio delle tecnologie dell’informazione e della comunicazione (ICT)

Detta cooperazione internazionale e detti partenariati pubblico-privati potrebbero promuovere iniziative di comunicazione, anche attraverso i social media, per contrastare messaggi di estremi- smo violento, rispettando al contempo pienamente il diritto alla libertà di opinione ed espressione;

6.5 Gestione dei rischi legati all’uso improprio delle tecnologie dell’informazione e della comunicazione (ICT)

Amburgo 2016 (Decisione N.5/16 sulle iniziative dell’OSCE relative alla riduzione dei rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione) (…)

Il Consiglio dei ministri (…),

ribadendo che le iniziative degli Stati partecipanti dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione saranno conformi al diritto internazionale, ivi incluse tra l’altro la Carta delle Nazioni Unite e la Convenzione internazionale sui diritti civili e politici, nonché all’Atto finale di Helsinki, e alle loro responsabilità di rispettare i diritti umani e le libertà fondamentali, (…)

9. accoglie con favore il lavoro intrapreso dalla Presidenza tedesca dell’OSCE del 2016 inteso a indi- viduare come le iniziative dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecno- logie informatiche e di comunicazione possano essere rese più efficaci e possano essere intensificate al fine di promuovere un clima aperto, sicuro, stabile, accessibile e pacifico delle tecnologie infor- matiche e di comunicazione in linea con i pertinenti impegni OSCE; (…)

10. sottolinea che le ulteriori attività dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione, incluse quelle delle pertinenti strutture esecutive dell’OSCE, dovrebbero basarsi sulle iniziative OSCE esistenti, essere in linea con i rispettivi man- dati e con gli impegni OSCE, integrare le iniziative delle Nazioni Unite, di organizzazioni inter- nazionali e di altri consessi regionali, ed essere organizzate nei limiti delle risorse disponibili;

Vienna 2017 (Decisione N.5/17 sul potenziamento delle iniziative dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie dell’informazione e della comunicazione)

Il Consiglio dei ministri (…),

rilevando le enormi possibilità offerte dalle tecnologie dell’informazione e della comunicazione per lo sviluppo sociale ed economico e la loro crescente importanza per la comunità internazionale,

riconoscendo che gli Stati partecipanti dell’OSCE traggono vantaggio da un contesto delle tecno- logie dell’informazione e della comunicazione aperto, sicuro, stabile, accessibile e pacifico, 6 ribadendo che le iniziative degli Stati partecipanti dell’OSCE volte a ridurre i rischi di conflitto derivanti dall’uso di tecnologie informatiche e di comunicazione saranno conformi al diritto internazionale, ivi incluse tra l’altro la Carta delle Nazioni Unite e la Convenzione internazionale

383 6.5 Gestione dei rischi legati all’uso improprio delle tecnologie dell’informazione e della comunicazione (ICT)

sui diritti civili e politici, nonché all’Atto finale di Helsinki, e alle loro responsabilità di rispettare i diritti umani e le libertà fondamentali,

esprimendo preoccupazione per il crescente numero di gravi incidenti aventi origine dall’uso doloso di tecnologie dell’informazione e della comunicazione, e sottolineando che tali tendenze negative comportano rischi per la sicurezza di tutti gli Stati partecipanti dell’OSCE e dei loro cit- tadini nonché per il settore pubblico e privato, (…)

riconoscendo la necessità di intensificare ulteriormente le iniziative dell’OSCE per continuare a rafforzare la fiducia e a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’infor- mazione e della comunicazione,

decide di:

1. continuare ad attuare tutte le decisioni sulle misure di rafforzamento della fiducia adottate dall’O- SCE volte a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione al fine di contribuire a un contesto delle tecnologie dell’informazione e della comu- nicazione aperto, sicuro, stabile, accessibile e pacifico, in linea con gli impegni OSCE;

2. individuare modi e mezzi per rafforzare e ottimizzare il lavoro dell’OSCE quale piattaforma pra- tica allo scopo di ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione e al contempo proseguire il lavoro del Gruppo di lavoro informale transdi- mensionale istituito ai sensi della Decisione N.1039 del Consiglio permanente;

3. incoraggiare le strutture esecutive dell’OSCE, nell’ambito dei loro mandati e delle risorse dispo- nibili, ad assistere gli Stati partecipanti che ne facciano richiesta nell’attuazione delle misure OSCE di rafforzamento della fiducia al fine di ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione e di potenziare le capacità e i processi nazionali pertinenti;

4. invitare i Partner OSCE per la cooperazione a rafforzare il dialogo sulle iniziative volte a ridurre i rischi di conflitto derivanti dall’uso delle tecnologie dell’informazione e della comunicazione.

Milano 2018 (Decisione N.4/18 sulla prevenzione e la lotta alla violenza contro le donne) (…)

invita gli Stati partecipanti a: (…)

5. adottare provvedimenti destinati ad affrontare la violenza, gli abusi, le minacce e le molestie, perpetrati anche attraverso l’uso delle tecnologie digitali, nei confronti delle donne;

384 7. Impegni relativi al Diritto internazionale umanitario 7. Impegni relativi al Diritto internazionale umanitario

Helsinki 1992 (Decisioni: VI. Dimensione Umana)

Gli Stati partecipanti

(47) Ricordano che il diritto umanitario internazionale si basa sulla dignità inerente alla persona umana.

(48) Rispetteranno e assicureranno il rispetto in ogni circostanza del diritto umanitario interna- zionale, inclusa la tutela della popolazione civile.

(49) Ricordano che coloro che violano il diritto umanitario internazionale sono ritenuti perso- nalmente responsabili.

(50) Riconoscono il ruolo essenziale del Comitato Internazionale della Croce Rossa nella promo- zione dell’attuazione e dello sviluppo del diritto umanitario internazionale, incluse le Convenzioni di Ginevra e i loro relativi Protocolli.

(51) Riaffermano il loro impegno di estendere il pieno sostegno al Comitato Internazionale della Croce Rossa nonché alle Società della Croce Rossa e della Mezzaluna Rossa, e alle organizzazioni delle Nazioni Unite, in particolare in periodi di conflitto armato, di rispettare i loro simboli pro- tettivi, di prevenire l’abuso di tali simboli e, come opportuno, di compiere ogni sforzo per garan- tire l’accesso alle zone interessate.

(52) Si impegnano ad adempiere il loro obbligo di insegnare e di diffondere le informazioni riguar- danti i loro obblighi ai sensi del diritto umanitario internazionale.

Stoccolma 1992 (Decisioni: 2. La CSCE quale comunità di valori)

Roma 1993 (Decisioni: X. Dichiarazione sul nazionalismo aggressivo, il razzismo, lo sciovinismo, la xenofobia e l’antisemitismo)

Budapest 1994 (Decisioni: IV Codice di condotta relativo agli aspetti politico-militari della sicurezza)

29. Gli Stati partecipanti renderanno ampiamente disponibile nei rispettivi paesi la legislazione sul diritto umanitario internazionale di guerra. Essi faranno in modo che, conformemente alla prassi

386 7. Impegni relativi al Diritto internazionale umanitario

nazionale, i propri impegni in tale campo figurino nei loro programmi e regolamenti di addestra- mento militare.

30. Ciascuno Stato partecipante istruirà il personale delle proprie forze armate sul diritto uma- nitario internazionale e sulle norme, le convenzioni e gli impegni ad esso relativi che regolano i conflitti armati e assicurerà che i membri di tale personale siano consapevoli di essere indivi- dualmente responsabili delle proprie azioni, in base alla legislazione nazionale e al diritto inter- nazionale.Impegni relativi al Diritto internazionale umanitario

31. Gli Stati partecipanti assicureranno che i membri del personale delle forze armate cui è confe- rita autorità di comando la esercitino conformemente alle norme di diritto interne e internazionali pertinenti e siano consapevoli del fatto che possono essere considerati individualmente respon- sabili, in base a tali norme, in caso di esercizio illegittimo della loro autorità e che non possono essere impartiti ordini contrari alle norme di diritto interne e internazionali. La responsabilità dei superiori non esime i subordinati da alcuna delle loro responsabilità individuali. (…)

34. Ciascuno Stato partecipante assicurerà che, in pace e in guerra, le sue forze armate siano coman- date, dotate di effettivi, addestrate ed equipaggiate secondo modalità conformi alle norme di diritto internazionale e ai suoi rispettivi obblighi e impegni relativi all’impiego delle forze armate in con- flitti armati, inclusi, se del caso, le Convenzioni dell’Aja del 1907 e del 1954, le Convenzioni di Gine- vra del 1949 e i relativi Protocolli aggiuntivi del 1977, nonché la Convenzione sull’uso di talune armi convenzionali del 1980.

35. Ciascuno Stato partecipante assicurerà che la propria politica e la propria dottrina di difesa siano conformi al diritto internazionale relativo all’impiego delle forze armate, anche in conflitti armati, e ai pertinenti impegni del presente Codice.

Budapest 1994 (Decisioni: VIII Dimensione Umana)

33. Gli Stati partecipanti deplorano vivamente la serie di flagranti violazioni del diritto umanitario internazionale verificatesi nella regione della CSCE negli ultimi anni e riaffermano il loro impegno di rispettare e assicurare il rispetto del diritto umanitario internazionale in generale e, in parti- colare, dei loro obblighi assunti in base ai pertinenti strumenti internazionali, inclusi le Conven- zioni di Ginevra del 1949 e i relativi protocolli aggiuntivi, di cui sono parte.

34. Essi sottolineano la potenziale importanza di una dichiarazione sugli standard umanitari minimi applicabili a tutte le situazioni e dichiarano la loro intenzione di partecipare attivamente alla sua preparazione nel quadro delle Nazioni Unite. S’impegnano ad assicurare informazioni e addestra- mento adeguati nell’ambito dei loro servizi militari per quanto riguarda le norme di diritto umani- tario internazionale e ritengono che dovrebbero essere rese disponibili le pertinenti informazioni.

35. Essi apprezzano vivamente l’intensificarsi della cooperazione fra la CSCE e il Comitato Interna- zionale della Croce Rossa (ICRC), in particolare nel caso delle missioni CSCE, esprimono compia- cimento per la disponibilità dell’ICRC a sviluppare ulteriormente tale cooperazione e si impegnano a fornire un sostegno ancora più ampio all’ICRC in particolare rafforzando i contatti già instau- rati fra le missioni CSCE e le delegazioni dell’ICRC sul terreno.

387 7 7. Impegni relativi al Diritto internazionale umanitario

Istanbul 1999 (Carta per la sicurezza europea: III. La nostra risposta comune)

22. Respingiamo qualsiasi politica di pulizia etnica o di espulsione di massa. (…) Allo scopo di migliorare la protezione dei civili in situazioni di conflitto ci adopereremo per rafforzare l’ap- plicazione del diritto umanitario internazionale.

Sofia 2004 (Dichiarazione del Consiglio dei ministri sul sessantesimo anniversario della fine della Seconda guerra mondiale)

(…) Condanniamo tutte le forme di pulizia etnica. 7 Invitiamo tutti gli Stati partecipanti ad intra- prendere tutte le iniziative possibili per garantire che i tentativi di perpetrare atti di genocidio siano prevenuti ora e in futuro. Gli autori di tali crimini dovranno essere consegnati alla giustizia.

Sofia 2004 (Decisioni: Annesso alla Decisione N.14/04; Piano di azione 2004 dell’OSCE per la promozione della parità fra i sessi) • sostenere gli sforzi nazionali ed internazionali volti a consegnare alla giustizia coloro che hanno perpetrato reati contro le donne, riconosciuti dalle norme applicabili del diritto internazionale come crimini di guerra o crimini contro l’umanità (…)

Helsinki 2008 (Dichiarazione ministeriale sul sessantesimo anniversario della Convenzione per la prevenzione e la repressione del reato di genocidio)

Noi, membri del Consiglio dei ministri dell’OSCE, celebriamo il sessantesimo anniversario della Convenzione per la prevenzione e la repressione del reato di genocidio, adottata dall’Assemblea generale delle Nazioni Unite il 9 dicembre 1948 (qui di seguito denominata Convenzione). (…)

Riaffermiamo il significato della Convenzione quale importante strumento internazionale per la prevenzione e la repressione del reato di genocidio.

Invitiamo gli Stati partecipanti, che non l’abbiano ancora fatto, a considerare di divenire quanto prima parte della Convenzione e di aderire a tale quadro globale volto a prevenire e reprimere il reato di genocidio. Invitiamo inoltre gli Stati Parte a potenziare e intensificare le loro attività volte alla piena attuazione dei loro obblighi ai sensi della Convenzione.

Rileviamo che, adottando la Convenzione, le Nazioni Unite hanno riconosciuto che il reato di geno- cidio costituiva una terribile piaga che aveva inflitto gravi perdite all’umanità e hanno convenuto sulla necessità di instaurare una cooperazione internazionale al fine di facilitare rapide misure di prevenzione e repressione del reato di genocidio.

Riconosciamo che il genocidio è uno dei reati più gravi ai sensi del diritto internazionale, condan- nato dall’intera comunità internazionale e che non può essere mai giustificato.

388 Indice

A B abolizione della pena capitale – cfr. pena bambini di morte generale 46, 49, 55, 199–203, 205, 207, 210, 211, 216, 224, 225, 238, 283, 296, 297, alloggio – cfr. diritti economici e sociali 298, 301–303, 310, 313, 317–319, 327, 328, alternative all’incarcerazione 118, 232 344, 371 educazione dei – cfr. Rom e Sinti Alto Commissario per le minoranze nazio- Protocollo opzionale della Convenzione nali – cfr. minoranze nazionali dei diritti del fanciullo, sulla vendita anti-corruzione – cfr. corruzione di fanciulli, la prostituzione e la porno- antisemitismo XVII, 12, 50, 52–57, 70, 71, grafia 296 205, 249–252, 257, 265, 270, 278, 280–283, sfruttamento sessuale dei 224, 225, 303, 386 315, 326, 336 traffico dei, tratta dei 58 anti-terrorismo – cfr. terrorismo anti-tratta – cfr. tratta di esseri umani C apolidi 211, 213, 256, 257 Carta delle Nazioni Unite 4, 6, 10, 25, 258, arresto arbitrario 353, 362, 367, 375, 383 generale 106, 117, 118, 124, 131–134, 136, circolazione, libertà di – cfr. libertà di circo- 232 lazione Codice di condotta delle Nazioni Unite per i funzionari responsabili dell’applica- cittadinanza – cfr. nazionalità/cittadinanza zione delle leggi 117, 123, 231 clausole in deroga 76, 77, 78, 236 Norme delle Nazioni Unite sugli standard minimi per il Trattamento dei dete- Codice di condotta relativo agli aspetti poli- nuti 117, 123, 231 tico-militari della sicurezza 94, 114, 137, 377, 386 arruolamento forzato 224 commercio di esseri umani – cfr. tratta asilo di esseri umani richiedenti asilo 252, 379 comunicazione, diritto alla – cfr. libertà Assemblea parlamentare dell’OSCE 28, 34, di espressione, informazione, libertà dei 293, 295 media assimilazione (di minoranze nazionali contro comunicazioni elettroniche, protezione la loro volontà) 143, 145, 184 delle 164 associazione, libertà di 30, 31, 111, 139, 142, condizioni lavorative 312 143, 145, 169, 177, 183 per i giornalisti 146 attuazione – cfr. obbligo di attuazione autoctone, popolazioni 211

389 Indice

Consiglio d’Europa, cooperazione con dimostrazione, diritto di – cfr. riunione, il XVIII, 13, 37, 38, 45, 56, 70, 95, 177, 296, diritto di 339, 340 diritti civili e politici contatti fra persone 159, 160, 161 generale 122 Convenzione Internazionale sui Diritti controterrorismo – cfr. terrorismo Civili e Politici 122, 240, 383 Convenzione Europea per la Tutela diritti culturali/patrimonio culturale dei Diritti dell’Uomo e delle Libertà creatività 155 Fondamentali XV, 12, 106, 135 libertà della creazione artistica 155, 156, Convenzione Europea per la Tutela dei Diritti 171 dell’Uomo e delle Libertà Fondamentali Patto internazionale relativo ai diritti eco- Sesto Protocollo della 123 nomici, sociali e culturali (ICESRC) 240 vita intellettuale e culturale 156, 171 corrispondenza, protezione della 164, 302 Diritti culturali/patrimonio culturale corruzione generale 170, 218 generale 96–104, 114, 128, 167, 173, 174, 245, 298, 319, 320, 338, 339, 342, 350, diritti d’autore 144, 145 351, 361, 370 diritti economici e sociali Convenzione delle Nazioni Unite contro generale 47, 167 la corruzione 97, 99 alloggio 158, 179, 216, 335 coscienza, libertà di – cfr. libertà di pensiero, giustizia sociale 4, 166, 167 di coscienza, di religione o di credo impiego 94, 167, 169, 173, 174, 204, 216, 245, 309, 312, 314, 350, 387 creatività – cfr. diritti culturali/patrimonio salute 115, 118, 167, 205, 210, 232 culturale diritti innati, diritti umani come VII credo, libertà di – cfr. libertà di pensiero, di coscienza, di religione o di credo diritti sociali – cfr. diritti economici e sociali crimine motivato dall’odio XII, XVII, 54, 55, diritti umani 70, 150, 151, 208, 218, 271, 281, 353 difensori dei 29 educazione ai – cfr. istruzione crimine organizzato 296, 337, 360, 378, 379 istituzioni per i – cfr. istituzioni nazionali per i diritti umani D diritto internazionale democrazia obblighi di – cfr. obblighi di diritto inter- generale VII, IX, XII, 3, 6, 13, 18, 24, 27, 34, nazionale 96, 105, 151, 239, 287, 292 diritto umanitario – cfr. diritto internazio- il diritto dei propri cittadini di partecipare nale umanitario al governo 30, 35, 86 istituzioni democratiche VII, VIII, IX, XV, diritto umanitario internazionale XVI, XVII, 4, 5, 34, 35, 37, 38, 55, 58, 73, generale IX, 40, 127, 130, 212, 249, 363, 367, 96, 115, 156, 171, 251, 337, 351 369, 371, 375, 386, 387 pluralismo politico 142, 167, 168, 176 Convenzioni di Ginevra del 1949 e i loro relativi Protocolli 129, 386, 387 deportazione di massa – cfr. tolleranza e non discriminazione disabilità, persone con 173 detenzione, arbitraria – cfr. arresto arbitrario discriminazione – cfr. genere, questioni di genere; Rom e Sinti; tolleranza e non Dichiarazione Universale dei Diritti discriminazione dell’Uomo 12, 76, 106, 111, 144 domicilio, protezione del 164

390 Indice

donne, diritti delle – cfr. genere, questioni giustizia sociale – cfr. diritti economici di genere e sociali giusto processo, diritto a un 112, 134, 136 E elezioni I generale IX, XVII, 16, 35, 36, 86, 87, 88, 178, imparzialità – cfr. indipendenza della magi- 179, 183, 213 stratura educazione degli elettori 51, 199 indipendenza della magistratura 111, 112, emergenza pubblica – cfr. clausole in deroga; 113, 341 stato di emergenza pubblica informazione, libertà di – cfr. libertà esilio, arbitrario – cfr. arresto arbitrario di espressione, informazione, libertà dei espansione, territoriale – cfr. espansionismo media territoriale integrità territoriale degli stati 177 estremismo 4, 29, 50, 61, 70, 172, 233, 250– Internet 252, 257, 258, 278, 284, 350, 359, 360, 363, lotta all’uso di internet per scopi terrori- 371–375, 377 stici 368, 380 promozione della tolleranza e della libertà F dei mezzi di informazione in 71, 265, 282 formazione professionale 173, 204, 216 Islamofobia – cfr. Musulmani, intolleranza verso; tolleranza e non discriminazione G istituzioni nazionali per i diritti umani 129, genere, questioni di genere 130 combattere tutte le forme di violenza 286, 293, 294 istruzione Convenzione sull’Eliminazione di tutte generale 30, 49, 55, 56, 98, 104, 111, 114, le forme di Discriminazione Contro 167, 172, 173, 183, 199, 202, 203, 205, 298, la Donna (CEDAW) 237 368 integrazione di genere XVII, 239, 242 accesso all’ 200–202, 216, 224, 237, 245, 294 parità di diritti tra uomini e donne 57, 71, con riferimento a tolleranza e non discri- 98, 199, 237, 286, 293, 303, 322, 388 minazione 57 Piano di azione 2004 dell’OSCE per la pro- con riferimento a tratta di esseri umani 311 mozione della parità fra i sessi 57, 71, istruzione, diritto all’ 172 239, 242, 286, 388 istruzione religiosa 139 sfruttamento sessuale 286, 292, 295, 298, nel campo dei diritti dell’uomo XII, 12, 13, 311, 313, 314, 315 29, 78, 95, 106, 163, 176

genocidio generale 279, 388 L giornalisti – cfr. condizioni lavorative; libertà lavoratori, diritti dei 217, 218 di espressione, informazione, libertà dei lavoratori migranti 215–219, 252 media lavoro forzato 168, 298, 301, 314 giovani, ragazzi VII, 13, 47, 49, 100, 103, 104, 173, 199, 203–205, 207, 210, 241, 242, 279, libertà dei media – cfr. libertà di espressione, 280, 283, 287, 293, 294, 298, 301, 314, 344, informazione, libertà dei media 345, 371–374, 377

391 Indice

libertà di associazione – cfr. associazione, Alto Commissario per le Minoranze libertà di Nazionali 14, 22, 34, 38, 62, 250, 350 Libertà di circolazione 156 Mosca, Meccanismo di – cfr. meccanismi della dimensione umana libertà di creazione artistica – cfr. diritti cul- turali/patrimonio culturale multi-culturalismo – cfr. tolleranza e non discriminazione libertà di espressione, informazione, libertà dei media 50, 70, 71, 78, 111, 145, 150–153, Musulmani, intolleranza verso XVII, 53, 54, 155, 248, 257, 271, 281, 284, 371 251, 257, 279 libertà di movimento 65, 156, 159, 162, 302 libertà di pensiero, coscienza, religione N o credo nazionalismo aggressivo 50, 70, 249–252, generale XII, 137, 250 257, 278, 386 istruzione religiosa 139 nazionalità/cittadinanza 13, 164, 213, 362, libertà di stampa/libertà dei media 367, 371, 375 diritto di conoscere i propri diritti XI giornalisti – cfr. condizioni lavorative Nazioni Unite Rappresentante OSCE per la libertà dei Convenzioni e protocolli delle – cfr. dati mezzi d’informazione 69, 70, 71, 72, 151, rilevanti 154, 155 Nazioni Unite, cooperazione con le XVIII, 9, limitazioni ai diritti umani, legittime – cfr. 13, 28, 41, 52, 53, 54, 70, 177, 296, 325, 344, clausole in deroga 350, 375 non-applicabilità del principio di non-inter- vento XIV, 6 M non-discriminazione – cfr. tolleranza e non magistratura, indipendenza della – cfr. indi- discriminazione pendenza della magistratura meccanismi della dimensione umana generale 17, 24, 33, 51, 302 O Comitato sulla dimensione umana 15 obblighi di diritto internazionale 119, 142, Meccanismo di Mosca XVI, 18, 22 168, 177, 351, 370 Meccanismo di Vienna XVI, 17 meccanismo OSCE per fornire assistenza obbligo attuativo 9 agli Stati partecipanti nella lotta alla obbligo di stato – cfr. obbligo attuativo tratta di esseri umani 72 obiezione di coscienza 137 – cfr. libertà media liberi – cfr. libertà di espressione, di pensiero, coscienza, religione o credo informazione, libertà dei media occupazione – cfr. diritti economici e sociali media, libertà dei – cfr. libertà di espressione, informazione, libertà dei media ODIHR, Ufficio per le Istituzioni Democratiche e i Diritti dell’Uomo VII, migrazione VII, 37, 163, 168, 171, 212, 215, XVI, XVII, 10, 13, 14, 16, 21, 22, 32, 34, 35, 258, 265, 283, 298, 304, 309, 338, 339, 357 37–41, 45–59, 61, 62, 65, 70, 71, 73, 87, 88, minoranze nazionali 191, 202, 211, 250, 257, 270, 281, 296, 329, generale IX, XIV, XIX, 4, 5, 18, 34, 62–65, 342, 343, 350 70, 87, 143–145, 161, 172, 176–179, 182– Olocausto 54, 57, 200, 279, 281 185, 236, 249–252, 256, 257, 301, 350

392 Indice

ONG/organizzazioni non-governative XVI, trattamento dei detenuti, diritti dei 29, 32, 33, 37, 39, 40, 54, 58, 95, 106, 134, detenuti – cfr. tortura e trattamenti 137, 143, 212, 272, 296, 310, 321, 334 o punizioni crudeli, inumani o degra- danti

P principio di non-intervento – cfr. non-appli- cabilità del principio di non-intervento parità di diritti tra i popoli – cfr. autodeter- minazione procedura penale 133

parità di diritti tra uomini e donne – cfr. professione forense, indipendenza della – cfr. genere, questioni di genere indipendenza della magistratura

partiti politici 36, 86, 142, 183, 243, 278 proprietà, diritti di 144, 156, 204, 244

patrimonio, culturale – cfr. diritti culturali/ proprietà intellettuale 144, 145, 156 patrimonio culturale prostituzione 224, 238, 286, 295, 296, 302 Patto Internazionale sui Diritti Civili protezione dei dati 320, 326–328, 376 e Politici – cfr. Convenzione Internazionale sui Diritti Civili e Politici pulizia etnica – cfr. tolleranza e non discri- minazione pena capitale – cfr. pena di morte Punto di contatto per i problemi dei Rom degradante – cfr. tortura e trattamenti e dei Sinti – cfr. Rom e Sinti o punizioni crudeli, inumani o degra- danti R pena di morte radicalizzazione – cfr. terrorismo generale 122 Secondo Protocollo Facoltativo della Rappresentante OSCE per la Libertà dei Convenzione Internazionale sui Diritti Mezzi d’Informazione – cfr. libertà Civili e Politici 122 di espressione, informazione, libertà dei Sesto Protocollo della Convenzione media Europea per la Tutela dei Diritti razzismo – cfr. tolleranza e non discrimina- dell’Uomo e delle Libertà zione Fondamentali 123 reclusione, arbitraria – cfr. arresto arbitrario pensiero, libertà di – cfr. libertà di pensiero, di coscienza, di religione o credo reclutamento forzato 224 persecuzione 287 religione, libertà di – cfr. libertà di pensiero, coscienza, religione o credo pluralismo politico – cfr. democrazia residenza, libertà di – cfr. libertà di circola- pratica psichiatrica o altra pratica medica, zione arbitrario 117, 123 ricorso, strumenti efficaci – cfr. rimedi effi- pratiche mediche, arbitrarie – cfr. tortura caci, diritto a presunzione di innocenza – cfr. processo rifugiati equo, diritto a generale XII, 163, 210, 211, 242, 287, 350, previdenza sociale – cfr. diritti economici 351, 357, 367, 370, 386 e sociali Convenzione del 1951 relativa allo status dei rifugiati 351, 370 prigione generale 111, 123, 125, 132, 319 rimedi efficaci, diritto a 135, 208, 210, 311, 325, 327, 337, 344

393 Indice

rimpatriati 211, 217, 380 stato di diritto IX, XII–XIV, XVII, XVIII, 3–6, 18, 24, 27, 33, 34, 37, 50, 71, 77, 85, 94–101, risarcimento, diritto al 114, 118, 128, 129, 103, 105–107, 110, 112–116, 119, 120, 125, 131, 169, 312, 333, 335 134, 136, 146, 167, 176, 177, 233, 237, 248, riunificazione delle famiglie 157, 158, 159, 250–252, 271, 272, 287, 313, 338, 340, 342, 217 345, 350, 351, 353, 358–360, 363, 367–369, 372, 373, 379 riunione, diritto di 87, 142 stato di emergenza pubblica 21, 38, 76, 77, riunione, libertà di – cfr. riunione, diritto di 78, 150 Rom e Sinti generale XVII, 45–47, 49, 50, 52, 55, 56, 71, 191, 192, 199, 200, 202–205, 207, 210 T Punto di contatto dell’OSCE per le que- tecnologie di informazione e comunica- stioni di, (CPRSI) XVII, 45, 46, 48, 191 zione VII, 29, 104, 152, 154, 224, 281, 293, 294, 316, 327, 339, 353, 355, 383, 384 S terrorismo generale XVII, 97, 99, 101, 114 salute – cfr. diritti economici e sociali Carta dell’OSCE per la prevenzione e la schiavitù 126, 297, 298, 301, 310, 314 lotta al terrorismo 281, 352, 367, 370, sciopero, diritto allo – cfr. associazione, 377 libertà di estremismo violento e radicalizzazione che conducono al 29, 61, 172, 233, 252, 258, separazione dei poteri – cfr. democrazia 284, 359, 360, 363 servizio militare, esenzione dal – cfr. obie- Piano di azione di Bucarest per la lotta zione di coscienza al terrorismo 70, 250, 367, 370, 377 Rete antiterrorismo 22, 23, 355 sfollati 210, 211, 213, 224, 242, 301 Unità OSCE di azione contro sfollati interni – cfr. migrazione; sfollati il Terrorismo 23

sfruttamento sessuale – cfr. bambini; genere, tolleranza e non discriminazione questioni di genere generale XVII, 52, 54, 183, 235, 238, 250, 252, 265, 283 sindacati – cfr. associazione, libertà di tortura e trattamenti o punizioni crudeli, Sinti e Rom – cfr. Rom e Sinti disumani o degradanti società civile VII, X, XVII, 4, 13, 27, 28, 33, 34, Relatore speciale sulla, 125 54–59, 94, 96–104, 110, 127, 129, 131, 146, tortura e trattamenti o punizioni crudeli, 154, 174, 200, 210, 251, 252, 256, 257, 270, inumani o degradanti 278, 279, 281, 283, 284, 293, 294, 301, 311, Commissione contro la Tortura 124, 130 312–314, 316, 321, 325, 326, 333–336, 342, Convenzione delle Nazioni Unite contro 344, 353, 356, 359, 360, 363, 368, 372–374, la Tortura e altri Trattamenti o Pene 377 Crudeli, Disumani o Degradanti 117, stampa, libertà di – cfr. libertà di espressione, 123, 124, 125, 129 informazione, libertà dei media Convenzione Europea per la Prevenzione della Tortura e dei Trattamenti o delle Pene Disumani o Degradanti 125 general 76, 115, 117, 123, 124–131, 233, 234, 295

394 Indice

tratta di esseri umani universalità dei diritti dell’uomo 3, 9, 12, 27, generale VII, XII, 46, 58, 72, 74, 169, 292, 29, 138 295, 304, 310, 312, 313, 315, 318, 322, 326, 327, 334, 335, 336, 337 Convenzione delle Nazioni Unite contro V la criminalità organizzata transnazio- Vienna Meccanismo di – cfr. meccanismi nale 302, 310, 318, 319, 337, 339, 340, della dimensione umana 350, 378 meccanismi nazionale di riferimento 59, violenza 329, 345 contro i bambini VII, 287, 292–294, 302 Piano di azione dell’OSCE per la lotta alla contro le donne VII, 57, 245, 286, 287, tratta di esseri umani 303, 327, 333, 337 292–294, 302, 326, 336, 384 Protocollo contro il traffico di migranti per contro le minoranze – cfr. tolleranza e non via terrestre, aerea e marittima 298 discriminazione Rappresentante speciale per la lotta alla vita, diritto alla – cfr. pena di morte tratta di esseri umani 72, 74 vita familiare, rispetto per la 164 trattamento, degradante – cfr. tortura e trat- tamenti o punizioni crudeli, inumani vita privata, rispetto della 152, 153, 164, 184 o degradanti tribunale, indipendente – cfr. tolleranza e non X discriminazione xenofobia 12, 29, 50, 52–54, 70, 71, 205, 218, 249, 250–252, 257, 258, 264, 265, 278, 282, U 283, 374, 386

Ufficio per le Libere Elezioni XVII, 35, 36, 87, 178 Z Unione Europea, cooperazione con 56, 296, zingari – cfr. Rom e Sinti 350, 351

395

Обязательства ОБСЕ в области человеческого измерения Том 1 Сборник документов в тематическом порядке

Четвертое издание Обязательства ОБСЕ в области человеческого измерения Том 1 Сборник документов в тематическом порядке

Четвертое издание

ОБСЕ/БДИПЧ с признательностью отмечает финансовую поддержку, оказанную Федеративной Республикой Германия для подготовки этой публикации. Обязательства ОБСЕ в области человеческого измерения, том 1, Сборник документов в тематическом порядке, четвертое издание

Опубликовано Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ) Ul. Miodowa 10 00-251 Warsaw, Poland www.osce.org/odihr

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Отпечатано в Польше: Centrum Poligrafii Содержание

Предисловие к четвертому изданию IX Введение – как использовать данный справочник XI Человеческое измерение ОБСЕ: введение XIII Документы ОБСЕ, упомянутые в настоящем сборнике документов XXII

Общие положения, касающиеся человеческого измерения 1

1. Введение в человеческое измерение 2 1.1 Сущность и значение человеческого измерения 3 1.2 Человеческое измерение как предмет непосредственного и законного интереса международного сообщества 7

2. Выполнение обязательств 8 2.1 Обязанность выполнять обязательства 9 2.2 Методы выполнения 11 2.2.1 Общие положения, включая образовательную деятельность в области прав человека 11 2.2.2 Обзор выполнения 14 2.2.3 Наблюдение за выборами 17 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере 17 A. Венский механизм 18 B. Московский механизм 19 C. Контртеррористическая сеть 24 D. Другие механизмы 26 2.3 Партнеры по выполнению 26 2.3.1 Правительства, правительственные органы и учреждения 26 2.3.2 Правительства других стран и международные организации 27 2.3.3 Частные лица, правозащитники и неправительственные организации 31 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению 37 A. Бюро по демократическим институтам и правам человека (БДИПЧ) 37 B. Верховный комиссар по делам национальных меньшинств 68 C. Представитель по вопросам свободы средств массовой информации 76 D. Секретариат, Специальный представитель по борьбе с торговлей людьми 81

3. Ограничения и отступления 84 3.1. Характер и рамки законных ограничений 85 3.2. Отступления от обязательств в условиях чрезвычайного положения 85

Отдельные обязательства по человеческому измерению 89

1. Обязательства, относящиеся к праву народов на самоопределение 90

2. Обязательства, относящиеся к структурным компонентам демократического общества 92 2.1 Общие положения 93 2.2 Выборы 96 2.3 Демократические институты 100 2.3.1 Общие положения 100 2.3.2 Децентрализация органов власти и специальные структуры и учреждения 104 2.3.3 Гражданский демократический контроль над вооруженными силами, военизированными формированиями, службами внутренней безопасности, и полицией 105 2.3.4 Независимые национальные институты в области прав человека 106 2.3.5 Неправительственные организации 107 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами 108 2.4 Верховенство закона 118 2.4.1 Общие положения 118 2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы 124 2.4.3 Отправление правосудия 128 A. Правоохранительные органы 128 B. Обращение с лицами, лишенными свободы 131 2.4.4 Выполнение международных обязательств 133 3. Обязательства по правам человека, принадлежащим каждому человеку 135 3.1 Гражданские и политические права 136 3.1.1 Общие положения 136 3.1.2 Право на жизнь/отмена смертной казни 136 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания 137 3.1.4 Право не подвергаться произвольному аресту или лишению свободы 148 3.1.5 Право на справедливое судебное разбирательство 149 3.1.6 Право на эффективные средства правовой защиты 151 3.1.7 Отказ от военной службы по убеждениям совести и альтернативная служба 154 3.1.8 Свобода мысли, совести, религии или убеждений 154 3.1.9 Свобода объединения и право на проведение мирных собраний 159 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации 161 A. Общие положения 161 B. Свобода СМИ и условия работы журналистов 164 C. Свобода культурного и художественного выражения 174 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи 175 3.1.12 Уважение частной и семейной жизни 184 3.1.13 Право на гражданство 184 3.1.14 Имущественные права 184 3.2 Экономические, социальные и культурные права 185 3.2.1 Общие положения 185 3.2.2 Экономические и социальные права 187 A. Общие положения 187 B. Права трудящихся 189 3.2.3 Культурные права/культурное наследие 191 3.2.4 Право на образование 193

4. Обязательства, относящиеся к правам человека, уделяющие особое внимание отдельным группам 197 4.1 Национальные меньшинства 198 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию 198 4.1.2 Эффективное участие в общественной и политической жизни 205 4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования 206 4.1.4 Контакты между людьми, свобода СМИ и доступ к информации 210 4.1.5 Роль организаций и объединений 212 4.1.6 Защита от преступлений на почве ненависти 213 4.2 Рома и синти 214 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию 214 4.2.2 Эффективное участие в общественной и политической жизни 221 4.2.3 Доступ к образованию 224 4.2.4 Социально-экономические проблемы 228 4.2.5 Расизм и дискриминация 230 A. Борьба с расизмом и негативными стереотипами 230 B. Защита от преступлений на почве ненависти 233 4.2.6 Кризисные и послекризисные ситуации 236 4.3 Коренное население 236 4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства 237 4.5 Рабочие-мигранты 241 4.6 Лица с ограниченными возможностями 248 4.7 Дети 250 4.8 Военнослужащие 258 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение 259

5. Обязательства, относящиеся к вопросам равенства, толерантности и недискриминации 263 5.1 Положения о равенстве и недискриминации 264 5.2 Равноправие мужчин и женщин 265 5.3 Борьба с действиями, мотивированными предубеждениями, нетерпимостью и ненавистью 277 5.3.1 Общие положения 277 5.3.2 Международные документы 293 5.3.3 Законодательство и применение законов и политики 293 5.3.4 Сбор информации и наблюдение 299 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти 303 5.3.6 Роль СМИ 315

6. Обязательства, относящиеся к особым угрозам человеческой безопасности 319 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве 320 (A) Legal framework 324 (B) Prevention 325 (C) Protection 325 (D) Prosecution 326 (E) Partnership 326 6.2 Предотвращение торговли людьми 331 6.2.1 Общие положения по поводу предотвращения 331 6.2.2 Расследование, правоприменение и судебное преследование 356 6.2.3 Защита жертв и оказание им помощи 368 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности 379 6.4 Предупреждение терроризма 389 6.4.1 Осуждение терроризма и обязательство бороться с ним 389 6.4.2 Уважение прав человека и верховенства закона при борьбе с терроризмом 412 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников 415 6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам 424 6.4.5 Противодействие использованию Интернета в террористических целях 428 6.5 Противодействие рискам, связанным с неправомерным использованием информационно-коммуникационных технологий (ИКТ) 431

7. Обязательства, относящиеся к международному гуманитарному праву 434

Указатель 439 Предисловие к четвертому изданию

Мне очень приятно представить данное четвертое издание сборника документов «Обя- зательства ОБСЕ в области человеческого измерения» и отметить прогресс, достигнутый в столь многих сферах при остром осознании проблем, которые стоят на пути развития демократии и прав человека во всех 57 государствах региона ОБСЕ.

В течение многих лет эта публикация – последний обновленный сборник обязательств ОБСЕ в области демократии и прав человека – является принципиально важным ресурсом не только для государственных должностных лиц и сотрудников ОБСЕ, но и для предста- вителей гражданского общества и всех лиц, работающих над укреплением прав человека в регионе ОБСЕ и за его пределами. Данный сборник документов в тематическом порядке сопровождается хронологическим обзором; и с тем и с другим также можно ознакомиться на веб-сайте Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ).

Хельсинский Заключительный акт и множество подписанных впоследствии документов стали широким набором стандартов, образующих основу того, что ОБСЕ называет чело- веческим измерением безопасности. В Парижской хартии для новой Европы 1990 года государства официально признали, что «права человека и основные свободы с рождения принадлежат всем людям, они неотъемлемы и гарантируются законом. Их защита и соде- йствие им – первейшая обязанность правительства».

Эти обязательства были разработаны и добровольно согласованы всеми государствами-у- частниками ОБСЕ, которые по собственной воле и и без принуждения взяли на себя обя- занность их соблюдать. Они подтверждают принятую ОБСЕ всеобъемлющую концепцию безопасности, в которой человеческому измерению придается такой же вес, как военно-по- литическому сотрудничеству и управлению в сфере экономики и окружающей среды.

С момента публикации последнего издания сборника документов «Обязательства ОБСЕ в области человеческого измерения» прошло более десяти лет. За это время произоши изменения в наших обществах и связях между ними, а также возникли различные новые вызовы в области прав человека, сопряженные как с возможностями, так и с угрозами. Государства-участники ОБСЕ рассматривали ряд этих вызовов на своих ежегодных встре- чах Совета министров, которые неизменно проходили в столицах стран, занимавших еже- годно переходящий пост Председателя ОБСЕ: в Вильнюсе, Дублине, Киеве, Базеле, Белграде, Гамбурге, Вене, Милане и Тиране.

Эти дополнительные документы приведены далее в настоящем сборнике документов. Тот факт, что приняты новые обязательства в таких областях, как миграция, торговля людьми, борьба с насилием в отношении женщин, роль молодежи в содействии культуре диалога,

IX Предисловие к четвертому изданию

демонстрирует наличие в регионе ОБСЕ осведомленности о необходимости борьбы с самыми чудовищными нарушениями прав человека и улучшения ситуации с их защитой.

Цифровые технологии помогают укрепить права человека и преодолеть географический разрыв, делая возможными существование демократических процессов в ранее немысли- мых масштабах, однако при этом мы видим, что цифровые платформы также с легкостью способствуют быстрому распространению ненависти, а инструментарий, созданный для борьбы с преступностью и пограничного контроля, может неправомерно использоваться с целью ограничить основные свободы, ввести ограничения в области прав человека, а ино- гда – заглушить критику. Вместе с тем глобальные тенденции в сфере миграции, изменение климата, пандемия и вооруженные конфликты оказываются критическим испытанием для наших обществ и для будущего принципов демократии, основанных на правах человека. Поэтому сейчас как никогда важно, чтобы в центре усилий по построению нашего общего будущего был подлинный диалог.

Надеюсь, что данное четвертое издание обязательств станет полезным рабочим инструмен- том для политических лидеров, должностных лиц, экспертов, активистов и всех лиц, рабо- тающих над преодолением разрыва между обязательствами и их выполнением. БДИПЧ, как один из ведущих институтов по правам человека в мире, продолжит оказывать содей- ствие на страновом и международном уровнях в деле построения более демократичных, более толерантных и более открытых для всех обществ. На протяжении последних трех десятилетий директора БДИПЧ работают над обеспечением будущего принципов демо- кратии и уважения прав человека, закрепленных в данных обязательствах. [Я выражаю искреннюю благодарность за идеи и преданность делу всем прошлым директорам, воз- главлявшим БДИПЧ: Лукино Кортезе (Luchino Cortese) (Италия, 1991–1994 гг.), Одри Гло- вер (Audrey Glover) (Соединенное Королевство, 1994–1997 гг.), Жерару Штудманну (Gerard Stoudmann) (Швейцария, 1997–2002 гг.), Кристиану Строхалю (Christian Strohal) (Австрия, 2003–2008 гг.), Янезу Ленарчичу (Janez Lenarčič) (Словения, 2008–2014 гг.), Михаэлю Георгу Линку (Michael Georg Link) (Германия, 2014–2017 гг.) и Ингибьёрге Сольрун Гисладоттир (Ingibjörg Sólrún Gísladóttir) (Исландия, 2017–2020 гг.).]

Впервые это издание сборника документов «Обязательства ОБСЕ в области человеческого измерения» публикуется на всех официальных языках ОБСЕ, во-первых, для осознания того, что для защиты прав каждого следует максимально широко распространять знания об этих новаторских обязательствах, и, во-вторых, в знак признания того, что ни одно госу- дарство-участник ОБСЕ не выполняет эти обязательства полностью. Нам всем предстоит проделать подготовительную работу.

Маттео Мекаччи Директор Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ)

X Введение – как использовать данный справочник

С момента подписания Заключительного акта Хельсинки в 1975 году теперь уже 57 госу- дарств-участников региона ОБСЕ приняли большое количество политических обязательств, относящихся к понятию, известному как человеческое измерение комплексной концепции безопасности, принятой ОБСЕ.

Подборка обязательств, содержащихся в тематическом и хронологическом томах этого издания, была сделана на основе определения человеческого измерения в том виде, как оно используется в настоящее время. Это охватывает все аспекты, относящиеся к правам чело- века и основным свободам, демократии, включая демократические выборы и демократи- ческое управление и институты, толерантности и недискриминации, верховенству закона и обязательства, затрагивающие вопросы национальных меньшинств, контактов между людьми и международное гуманитарное право*. Кроме того, в сборнике документов содер- жатся положения по поводу механизмов наблюдения за выполнением этих обязательств, а также описаны базовые мандаты институтов ОБСЕ, которые ведут деятельность в сфере человеческого измерения.

Документы, использованные при составлении этого справочника, были подписаны или иным образом приняты на различных мероприятиях высокого уровня, проводившихся СБСЕ/ОБСЕ. Несмотря на то, что в международном праве эти документы не считаются юридически обязательными соглашениями, они представляют собой политические обя- зательства, принятые в результате консенсуса и связывающие каждое участвующее госу- дарство. Поскольку они все были приняты в результате консенсуса, они незамедлительно вступают в силу, так сказать, и немедленно становятся применимыми, и могут использо- ваться любым гражданином или правительством государства-участника ОБСЕ в отноше- нии правительства любого другого государства-участника непосредственно. Более того, обязательства ОБСЕ подкрепляют, а не дублируют, обязательства, содержащиеся в меж- дународном законодательстве и соглашениях, поскольку в них содержится обязательство выполнять те и делать это добросовестно.

Содержащиеся в этом сборнике положения по человеческому измерению утверждены в доку- ментах, которые появились в результате саммитов, встреч в рамках дальнейших шагов, конференций по человеческому измерению и, где уместно, встреч Совета министров, про- водившихся с 1975 года. Также в данном сборнике содержатся документы, которые были разработаны на соответствующих совещаниях экспертов и в дальнейшем были включены в корпус обязательств СБСЕ/ОБСЕ на других форумах.

* Это определение также отражается в программе Совещания по рассмотрению выполнения обязательств ОБСЕ в области человеческого измерения.

XI Введение – как использовать данный справочник

Хотя целью издания этого справочника является комплексное объяснение нормативной базы ОБСЕ в области человеческого измерения, этот справочник не пытается предоста- вить полный перечень всех компонентов, которые могли бы иметь какое-либо отношение к какому-либо аспекту человеческого измерения. Необходимо подчеркнуть, что несмотря на то, что этот сборник уделяет основное внимание человеческому измерению и, следова- тельно, правам человека и демократии, обязательства ОБСЕ всегда должны рассматриваться и пониматься в контексте комплексной концепции безопасности, которая также охваты- вает вопросы военно-политического характера, экономические и социальные аспекты. Тот факт, что какое-либо положение было или не было включено в этот сборник, не означает, что оно не является важным. Исключительно из практических соображений в некоторых случаях нам приходилось делать выбор, поскольку мы хотели, чтобы данный справочник был скорее удобным для пользователя руководством, чем энциклопедией. Он предназначен для использования государственными служащими, организациями гражданского обще- ства, учеными, студентами и специалистами.

XII Человеческое измерение ОБСЕ: введение

В 2025 году Организация по безопасности и сотрудничеству в Европе (ОБСЕ) будет отме- чать 50-ю годовщину подписания основавшего ее документа – Заключительного акта Хель- синки. С 1975 года ОБСЕ разработала большой комплект норм и стандартов прав человека, которые в основном отражают традиционные нормы по правам человека и представления о них в том виде, как они закреплены в других соглашениях и декларациях по правам чело- века. На этой основе, однако, ОБСЕ разработала ряд стандартов, которые являются весьма инновационными как по форме, так и по содержанию.

Цель данной публикации – сделать обязательства ОБСЕ более доступными как для граж- дан, так и для государственных чиновников в соответствии с одним из наиболее важных выводов Хельсинкского процесса. Права человека начинаются с элемента получения прав или с «права знать свое право». В момент принятия Хельсинкского Заключительного акта государства-участники приняли на себя обязательство сделать этот документ широко доступным. Это дало толчок к созданию многочисленных крупных правозащитных групп, таких, как «Хельсинкские группы» или «Хартия 77», которые в своей деятельности опира- лись на Хельсинкский процесс и способствовали процессу преобразований в Центральной и Восточной Европе. Таким образом, спектр положений ОБСЕ, касающихся прав человека, является одним из наиболее эффективных среди существующих является одним из наибо- лее эффективных среди существующих основ прав человека и сегодня продолжает играть важную роль.

Это уникальная база, включающая набор документов, которые наряду с другими новаци- ями сделали права человека предметом законной озабоченности государств. Основы этого можно найти в Хельсинкском Заключительном акте, однако последующие документы, такие как Копенгагенский документ 1990 года и Парижская хартия для новой Европы 1990 года, позволили сформулировать ряд других важных положений, необходимых для понимания человеческого измерения ОБСЕ сегодня.

Цель настоящей статьи – дать рекомендации относительно того, как следует читать и исполь- зовать эти нормы, а также представить некоторые основные аспекты человеческого изме- рения ОБСЕ*.

* Совещание по безопасности и сотрудничеству в Европе (СБСЕ) было переименовано в Организацию по безопасности и сотрудничеству в Европе (ОБСЕ) в 1994 году. Для практических целей в настоящей статье используется лишь термин ОБСЕ. Человеческое измерение ОБСЕ: введение

А. Основы

1. Права человека и всеобъемлющая концепция безопасности ОБСЕ

ОБСЕ была создана как «организация по безопасности». Однако, она занимается не только вопросами военной безопасности, разоружения или границ. Основанная на широкой кон- цепции безопасности, Организация занимается также правами человека. ОБСЕ полагает, что безопасность – это нечто большее, чем просто отсутствие войны. Фактически госу- дарства-участники ОБСЕ стремились создать всеобъемлющие рамки для мира и стабиль- ности в Европе.

В Хельсинкском Заключительном акте в качестве одного из десяти руководящих прин- ципов признается «уважение прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений». Это стало краеугольным камнем в истории защиты прав человека. Впервые права человека были включены в качестве четко сформулированного составного элемента в рамки региональной безопасности на той же основе, что и военно-по- литические и экономические вопросы. Такое признание было затем подкреплено много- численными последующими документами. Поэтому сегодня данный факт можно считать свершившимся, и он не должен вызывать сомнений. Эти принципы не выстроены в соот- ветствии с какой-либо иерархией, и поэтому никакое правительство не может утверждать, что вначале им необходимо обеспечить политическую или экономическую безопасность, а уже после этого заниматься вопросами прав человека и демократии.

Недавняя история подтверждает обоснованность концепции ОБСЕ, которая гласит, что свободное общество, разрешающее каждому принимать полное участие в общественной жизни, является гарантией от конфликтов и нестабильности. Неуважение территориаль- ной целостности суверенных государств, произвольные аресты и лишение свободы мир- ных протестующих или социальная изоляция отдельных лиц или определенных групп по этническому или другому признаку нередко вели к возникновению напряженности и неста- бильности. Быстрый рост миграции и потоков беженцев, например, в связи с конфликтами изменением климата также оказывает серьезное воздействие на безопасность.

В терминологии ОБСЕ термин «человеческое измерение» используется для обозначения набора норм и видов деятельности, связанных с правами человека и демократией, кото- рые рассматриваются в ОБСЕ в качестве одного из трех измерений безопасности, наряду с военно-политическим и экономико-экологическим измерениями. Данный термин свиде- тельствует также о том, что нормы ОБСЕ, относящиеся к человеческому измерению, охва- тывают более широкую область, чем традиционное право прав человека.

2. «Процесс» ОБСЕ

С самого момента своего создания ОБСЕ подходила к своей деятельности как к процессу. В Хельсинкском Заключительном акте предусматривается проведение регулярных последу- ющих конференций и встреч. Это весьма важно для понимания базы прав человека в ОБСЕ.

Во-первых, это означает, что существует форум для обсуждения выполнения стандартов, согласованных на предыдущих встречах. Во-вторых, это позволило принять целую серию последовательных документов ОБСЕ, которые уточняют и развивают обязательства в обла- сти человеческого измерения, принятые в предыдущих документах. В результате этого ОБСЕ создало весьма гибкий и динамичный процесс нормотворчества в области прав человека

XIV Человеческое измерение ОБСЕ: введение

– процесс, который стал постоянным. Это привело к признанию торговли людьми, которая раньше, как правило, рассматривалась в контексте организованной преступности, пробле- мой нарушения прав человека и к признанию преступлений на почве ненависти в качестве потенциальной угрозы для внутренней и международной безопасности.

Обязательства ОБСЕ, как правило, принимают форму документов, принимаемых консенсу- сом на встречах на высшем уровне или на уровне министров государств-участников ОБСЕ. Каждая такая встреча проходит в конкретной политической атмосфере и контексте. По этой причине, неудивительно, что встречи на высшем уровне и министерские совещания ОБСЕ имели различное влияние на создание новых обязательств. И если одни встречи, особенно в начале 90-х годов, позволили разработать широкий набор важных новых норм, то другие ограничились внесением незначительных изменений и дополнений.

Такой «процессный» подход позволил принять большое число документов ОБСЕ. В резуль- тате практикующим специалистам не всегда легко определить, какие именно стандарты применяются в данной конкретной ситуации, особенно учитывая, что в каждом документе в той или иной степени содержатся как повторы, так и новшества. В качестве главного ори- ентира пользователю следует иметь в виду, что все эти документы в совокупности состав- ляют нормативную базу ОБСЕ. То есть с принятием новых документов уже существующие документы не теряют своей силы. Документы опираются один на другой и образуют то, что можно назвать «достоянием ОБСЕ». Они были приняты на основе консенсуса и, по этой причине, являются политически обязательными для всех государств-участников ОБСЕ. Это относится также и к вновь принятым в ОБСЕ государствам, которые при вступлении обязаны признать это «достояние».

Как следствие, пользователю не следует полагаться на какой-то один документ, а необходимо проверить целый ряд существующих документов, с тем, чтобы определить фактический объем обязательств по тому или иному праву или основной свободе. Часто в ранее приня- том документе лишь провозглашается общий принцип, который позднее получает разви- тие в последующих документах. Однако поскольку обязательства и документы построены один на другом, обязательства, зафиксированные в ранее принятом документе, не теряют своей силы, если в последующем документе содержится лишь общая ссылка на данное право.

В то же время каждый документ в целом отражает конкретный исторический контекст, а его структура следует определенной логике, которая включает различные части данного документа в более широкий контекст. Поэтому прочтение всего документа может также дать важную информацию в плане понимания и толкования соответствующих норм. Это, собственно, и объясняет двойной подход при составлении двух томов настоящего сбор- ника, один из которых представляет собой сборник документов в тематическом порядке, а другой – сборник документов в хронологическом порядке.

3. Обязательства в области человеческого измерения и плюралистическая демократия, основанная на верховенстве закона

В ряде случаев обязательства в области человеческого измерения ОБСЕ идут гораздо дальше, чем «традиционные» юридически обязательные инструменты в области прав человека. В традиционных договорах в области прав человека формулируются личные (или кол- лективные) права, а государство-участник обязуется соблюдать и/или гарантировать эти права. Однако в большинстве случаев порядок выполнения этих обязательств остается на усмотрение государств.

XV Человеческое измерение ОБСЕ: введение

Человеческое измерение ОБСЕ идет гораздо дальше по пути увязки прав человека с инсти- туциональной и политической системой государства. По сути государства-участники ОБСЕ, взяв на себя обязательства в области человеческого измерения, согласились с тем, что плю- ралистическая демократия, основанная на верховенстве закона, представляет собой един- ственную систему управления, способную эффективно гарантировать права человека.

Это объясняет, почему человеческое измерение ОБСЕ было названо общеевропейским обще- ственным порядком (ordre public). Другими словами, ОБСЕ – это не просто организация, объединяющая 57 государств, а это «общность ценностей». Эту связь отражает и активная приверженность верховенству закона и сама его формулировка: концепция, основанная на достоинстве человеческой личности и системе прав, реализуемых через законы и судеб- но-правовые структуры.

4. Политические обязательства

Процесс ОБСЕ в основном представляет собой политический процесс, который не создает юридически обязательных норм и принципов. В отличие от других документов, связанных с правами человека, обязательства в области человеческого измерения ОБСЕ являются ско- рее политически, чем юридически обязательными. Это очень важное отличие, поскольку оно ограничивает возможности использования правовых механизмов для соблюдения стандар- тов ОБСЕ. Другими словами, выполнение обязательств ОБСЕ нельзя обеспечить через суд.

Однако это не следует ошибочно понимать как свидетельство отсутствия у них обязатель- ной силы. Различие здесь между «юридически» и «политически», а не между «обязатель- ные» и «необязательные». Это означает, что обязательства ОБСЕ представляют собой нечто большее, чем простая декларация воли или добрых намерений: речь идет о политическом обещании соблюдать эти стандарты.

Если для обсуждения международно-правовых документов, как правило, требуется зна- чительное время, прежде чем удается согласовать окончательный текст, а заключительные документы являются предметом ратификации и оговорок, то к документам ОБСЕ это не относится. Их политическая природа позволяет создать уникальную ситуацию: после того, как между государствами был достигнут консенсус, решения вступают в силу немедленно и в принципе являются обязательными для всех государств-участников ОБСЕ (так назы- ваемый принцип универсальности).

Это позволяет ОБСЕ оперативно реагировать на новые потребности. Так, например, когда в начале 90-х годов участились случаи нарушений прав человека в отношении меньшинств, ОБСЕ первой отреагировала и разработала комплексный набор стандартов в области защиты меньшинств. Позднее эти политические стандарты послужили основой для юридически обязательной Рамочной конвенции Совета Европы о защите национальных меньшинств.

5. Человеческое измерение как предмет пристального международного внимания

Основополагающим аспектом человеческого измерения в ОБСЕ является то, что права чело- века и плюралистическая демократия не рассматриваются как внутреннее дело государства. Государства-участники подчеркнули, что вопросы, касающиеся прав человека, основных свобод, демократии и верховенства закона, носят международный характер, поскольку соблюдение этих прав и свобод составляет одну из основ международного порядка.

XVI Человеческое измерение ОБСЕ: введение

Фактически государства-участники «категорически и окончательно» заявили, что «обяза- тельства, принятые ими в области человеческого измерения ОБСЕ, являются вопросами, представляющими непосредственный и законный интерес для всех государств-участни- ков, и не относятся к числу исключительно внутренних дел соответствующего государ- ства» (Московский документ, 1991 г.). Поэтому государства-участники ОБСЕ не могут ссылаться на принцип невмешательства, чтобы не допустить обсуждения проблем прав человека в своих странах. Это объясняет, почему ОБСЕ является не только «общностью ценностей», но и «общностью ответственности». Следует подчеркнуть, что эта «ответствен- ность» предполагает не только право критиковать другие государства за нарушения обя- зательств в области человеческого измерения, но и накладывает обязательства помогать друг другу в решении конкретных проблем.

6. Ограничение и связь с международными договорами в области прав человека

Обязательства ОБСЕ отражают как традиционные права человека и свободы, так и некото- рые области, выходящие за сферу традиционных прав человека. Как и в других междуна- родных договорах, касающихся прав человека, важный вопрос заключается в том, до какой степени они могут ограничиваться. Это важно для любого практика, пытающегося опре- делить, было ли нарушено какое-либо определенное право. Некоторые провозглашенные ОБСЕ свободы содержат конкретные положения об ограничении. Однако в Копенгагенском документе ОБСЕ сформулировано важное общее правило в отношении упомянутых в этом документе прав. Они не должны быть объектом никаких ограничений, кроме тех, которые предусмотрены законом и соответствуют их обязательствам по международному праву, в частности по Международному пакту о гражданских и политических правах. Ограниче- ния не должны применяться произвольно и всегда должны приниматься как исключение из общего правила, гласящего, что личные свободы должны соблюдаться. Любое ограни- чение должно быть строго соразмерно целям закона. Такой тест на пропорциональность требует узкого толкования, тем более что любое вмешательство должно сопоставляться с огромной ценностью таких основных свобод для открытого и демократического обще- ства. Эти вопросы приобрели особую актуальность в связи с необходимостью обеспечить непрерывное функционирование демократических институтов и соблюдение прав чело- века на фоне пандемии Covid-19.

В. Институты и выполнение обязательств

1. Ответственность за выполнение обязательств в области человеческого измерения ОБСЕ

Описанная выше правовая база прав человека существует в интересах всех людей, прожи- вающих в регионе ОБСЕ, и неслучайно права человека и основные свободы в ней названы в качестве «прав всех людей от рождения». В первую очередь, ответственность за гаранти- рование этих прав возложена на государства-участники ОБСЕ. Обязательства в области человеческого измерения ОБСЕ адресованы, в соответствии с другими международными договорами в области прав человека, государствам-участникам. Обязательства еще более усиливают этот общий принцип, подчеркивая, что «защита и поощрение прав человека и основных свобод являются основополагающей целью правительства» (Парижская хар- тия 1990 года).

XVII Человеческое измерение ОБСЕ: введение

С самого начала было ясно, что сама по себе разработка стандартов не является достаточ- ной для эффективного осуществления обязательств в области человеческого измерения. Международные процедуры должны играть важную вспомогательную функцию в этом отношении. Поэтому ОБСЕ создала набор процедур, конференций и институтов, которые помогают контролировать и оказывать содействие в осуществлении обязательств ОБСЕ по человеческому измерению.

В отличие от других договоров в области прав человека*, ОБСЕ не учредило суда или иного органа для рассмотрения жалоб отдельных лица, с тем, чтобы обеспечить выполне- ние обязательств ОБСЕ. Это отражает политический характер процесса ОБСЕ и намерение не дублировать существующие механизмы. Напротив, ОБСЕ усиливает эти важные меха- низмы и призывает все государства-участники использовать существующие возможности и соблюдать стандарты, установленные другими международными организациями. Важно также отметить, что отсутствие механизма для рассмотрения индивидуальных жалоб не исключает возможности доведения этих случаев до сведения политических органов ОБСЕ.

2. Встречи на высшем уровне и другие последующие встречи

Как уже указывалось, Хельсинкский Заключительный акт предусматривает проведение регулярных последующих совещаний, исходя из того, что для реализации договоренностей требуется постоянный процесс. Такой подход, основанный на непрерывном процессе, со временем позволил создать отработанную систему политических встреч на высшем уровне и других совещаний, на которых обсуждаются вопросы, связанные с выполнением обяза- тельств ОБСЕ†.

Такая иногда комплексная структура встреч на высшем уровне – саммитов, совещаний, конференций и семинаров порождает два важных результата. Во-первых, она позволяет государствам-участникам включиться в гармоничный процесс нормотворчества. Государ- ства-участники могут оперативно реагировать на новые потребности и, опираясь на ранее принятые обязательства ОБСЕ, уточнять порядок их применения. Во-вторых, такая струк- тура предоставляет в распоряжение государств-участников ОБСЕ форум для обсуждения вопросов, связанных с фактическим выполнением обязательств в области человеческого измерения. Это отражает принцип, что обязательства ОБСЕ являются предметом прямой и законной озабоченности всех государств-участников ОБСЕ и не входят в число внутрен- них вопросов какого-либо конкретного государства.

Важной особенностью встреч ОБСЕ по вопросам человеческого измерения является то, что они открыты для активного участия неправительственных организаций (НПО). НПО могут таким образом принимать участие в решении проблем, связанных с фактическим

* См., например, Европейскую конвенцию о правах человека, в соответствии с которой создан Европей- ский суд по правам человека или Международный пакт о гражданских и политических правах ООН, в соответствии с которым создан Комитет ООН по правам человека. † Встречи на высшем уровне ОБСЕ и заседания Совета министров обычно принимают новые заявления и документы. Конференции по рассмотрению предшествуют встречам на высшем уровне ОБСЕ и слу- жат для обсуждения соблюдения стандартов ОБСЕ и готовят заключительные документы, которые затем принимаются на встречах на высшем уровне. Совещания по выполнению обязательств по чело- веческому измерению ОБСЕ должны проходить в годы, когда не проводятся встречи на высшем уровне ОБСЕ, и служат в качестве форума для обсуждения вопросов, связанных с выполнением обязательств в области человеческого измерения ОБСЕ. Кроме того, предусмотрено ежегодное проведение семина- ров по вопросам человеческого измерения и трех дополнительных встреч по человеческому измере- нию. Для получения дополнительной информации см. веб-сайт БДИПЧ www.osce.org/odihr.

XVIII Человеческое измерение ОБСЕ: введение

выполнением обязательств в области человеческого измерения, и предлагать пути реше- ния этих проблем.

3. Механизм человеческого измерения

Наряду с этими регулярными встречами ОБСЕ также создала так называемый механизм человеческого измерения, а именно Венский механизм* и Московский механизм†, причем последний частично представляет собой дальнейшее развитие Венского механизма. Вместе они образуют процесс для надзора за выполнением обязательств в области человеческого измерения, к помощи которого отдельные государства-участники ОБСЕ могут прибегать для рассмотрения конкретных ситуаций.

Венский механизм позволяет государствам-участникам использовать набор процедур для того, чтобы поднять вопросы, связанные с выполнением обязательств в области челове- ческого измерения другим государством-участником ОБСЕ. Московский механизм опи- рается на Венский механизм и дополнительно предоставляет возможность формировать специальные миссии независимых экспертов для оказания помощи в решении конкретных проблем, связанных с вопросами человеческого измерения. Это предполагает право рассле- дования сообщений о нарушениях обязательств в области человеческого измерения, причем в исключительных случаях это может делаться даже без согласия обвиняемого государства‡.

4. Институты ОБСЕ, деятельность которых связана с человеческим измерением

ОБСЕ отошла от «конференционного» подхода, применявшегося в прошлые годы, и соз- дала целый ряд постоянных институтов для оказания государствам-участникам помощи в выполнении своих обязательств в области человеческого измерения ОБСЕ. Эти инсти- туты играют все возрастающую роль. Ниже приводится краткий обзор основных инсти- тутов, занимающихся вопросами человеческого измерения, без детального рассмотрения их деятельности.

А. Бюро по демократическим институтам и правам человека

Первоначально созданное как Бюро по свободным выборам в 1991 году§, Бюро по демо- кратическим институтам и правам человека (БДИПЧ) ОБСЕ, расположенное в Варшаве, является основным институтом ОБСЕ для работы в области человеческого измерения. Хельсинкский документ 1992 года обозначил мандат БДИПЧ, заключающийся в оказании помощи государствам-участникам ОБСЕ в том, чтобы «обеспечить полное уважение прав человека и основных свобод, действовать на основе законности, проводить в жизнь прин- ципы демократии…, создавать, укреплять и защищать демократические институты, а также развивать принципы терпимого отношения в масштабах всего общества».

В соответствии со своим мандатом и задачами, содержащимися в многочисленных доку- ментах, БДИПЧ занимается поддержкой демократических процессов в области выборов

* Создан в соответствии с Венским Заключительным документом 1989 года. † Решение о создании Московского механизма было принято на последнем совещании Конференции по человеческому измерению ОБСЕ в Москве (1991 г.). ‡ Бюро по демократическим институтам и правам человека, ответственный институт ОБСЕ, ведет акту- альный список, как того требует Московский механизм. § Решение о создании Бюро по свободным выборам было принято на встрече на высшем уровне в Париже в 1990 г. Бюро было открыто в 1991 г.

XIX Человеческое измерение ОБСЕ: введение

посредством ведения всестороннего наблюдения за выборами и проведения проектов в области содействия выборам направленные на развитие реальной, всенародной демокра- тии. БДИПЧ также оказывает содействие государствам-участникам ОБСЕ в выполнении их обязательств по человеческому измерению при помощи мониторинга других демократиче- ских процессов и соблюдения прав человека, а также путем предоставления экспертного опыта и оказания практической поддержки в построении демократических институтов. Это делается посредством долгосрочных программ по укреплению верховенства закона, повышению демократического управления и развитию гражданского общества, с которым БДИПЧ тесно сотрудничает на постоянной основе. БДИПЧ также оказывает помощь мис- сиям ОБСЕ на местах в их деятельности в области человеческого измерения посредством проведения учебных секций, обмена опытом и путем ведения региональной координации, и способствует раннему предупреждению о конфликтах и их предотвращению при помощи мониторинга выполнения обязательств ОБСЕ в области человеческого измерения государ- ствами-участниками. В этой связи БДИПЧ также регулярно проводит учебные секции по правам человека для государственных служащих, представителей гражданского общества и для своих сотрудников.

БДИПЧ также помогает государствам-участникам в выполнении их международных пра- вовых обязательств и обязательств ОБСЕ по ведению борьбы с терроризмом с соблюдением международных стандартов по правам человека и помогает государствам в выполнении их обязательств по толерантности и недискриминации. В этом контексте БДИПЧ также под- держивает усилия по реагированию на преступления на почве ненависти и случаи расизма, антисемитизма и других форм нетерпимости, в том числе в отношении мусульман, а также поддерживает усилия по борьбе с подобными явлениями. БДИПЧ также служит Контракт- ным пунктом ОБСЕ по вопросам рома и синти и стремится к обеспечению полной интегра- ции рома и синти в общества, в которых они живут. Во всей своей деятельности БДИПЧ разрабатывает политику и мероприятия для систематического учета гендерной проблема- тики во всех сферах и предпринимает действия, призванные улучшить положение жен- щин в регионе ОБСЕ.

Для систематизации своей деятельности в области человеческого измерения БДИПЧ про- водит регулярные совещания, на которых рассматривается выполнение обязательств ОБСЕ по человеческому измерению и выносятся рекомендации по дальнейшим действиям. Во всей своей деятельности БДИПЧ опирается на сеть партнеров, которые работают в смеж- ных областях, включая международные и местные неправительственные организации по правам человека, а также международные правительственные организации, в частности Верховный Комиссар ООН по правам человека и Совет Европы.

B. Верховный комиссар по вопросам национальных меньшинств

В задачи Верховного комиссара ОБСЕ по вопросам национальных меньшинств (этот инсти- тут был создан в Гааге в 1992 году) входит выявление и скорейшее разрешение ситуаций, связанных с этнической напряженностью, которые могли бы создать угрозу для мира, ста- бильности или дружеских отношений между государствами-участниками ОБСЕ.

Действуя независимо от всех заинтересованных сторон, Верховный комиссар направ- ляет свои миссии на места и проводит политику превентивной дипломатии на раннем этапе возникновения напряженности. Верховный комиссар стремится не только получать информацию из первых рук, но и пытается способствовать укреплению диалога, доверия и сотрудничества.

XX Человеческое измерение ОБСЕ: введение

C. Представитель по вопросам свободы средств массовой информации

Представитель ОБСЕ по вопросам свободы СМИ оказывает государствам-участникам помощь в формировании свободных, независимых и плюралистических СМИ, как одного из основополагающих элементов в нормально функционирующей плюралистической демо- кратии. Представитель, офис которого находится в Вене, следит за событиями в области СМИ во всех государствах-участниках и отстаивает соответствующие принципы и обяза- тельства ОБСЕ, способствуя таким образом их выполнению.

5. Заключительные замечания

Государства-участники ОБСЕ создали впечатляющий «корпус» норм и принципов в обла- сти человеческого измерения. Документы ОБСЕ содержат множество важных обязательств в области человеческого измерения, которые позволили Организации играть ведущую и новаторскую роль в этой области. Хочется надеяться, что данное издание будет способ- ствовать дальнейшей пропаганде, а также выполнению этих многочисленных, зачастую весьма детализированных обязательств, которые взяли на себя государства-участники ОБСЕ в области прав человека и основных свобод, верховенства закона и демократии.

XXI Документы ОБСЕ, упомянутые в настоящем сборнике документов

Заключительный акт Совещания по безопасности и сотрудничеству в Европе, Хельсинки, 1 августа 1975 г. (далее Хельсинки, 1975 г.)

Итоговый документ мадридской встречи 1980 г. – Вторая Встреча в рамках дальнейших шагов, Мадрид, 6 сентября 1983 г. (далее Мадрид, 1983 г.)

Итоговый документ венской встречи 1986 г. – Третья Встреча в рамках дальнейших шагов, 15 января 1989 г. (далее Вена, 1989 г.)

Доклад о выводах и рекомендациях совещания по защите окружающей среды, Вена, 5 ноября 1990 г. (далее София, 1989 г.)

Документ боннской конференции по экономическому сотрудничеству в Европе, Бонн, 11 апреля 1990 г. (далее Бонн, 1990 г.)

Документ копенгагенского совещания Конференции по человеческому измерению СБСЕ, Копенгаген, 29 июня 1990 года (далее Копенгаген, 1990 г.)

Парижская Хартия для новой Европы, Париж, 21 ноября 1990 г. (далее Париж, 1990 г.)

Документ краковского Симпозиума по культурному наследию государств-участников СБСЕ, Краков, 6 июня 1991 г. (далее Краков, 1991 г.)

Доклад совещания экспертов СБСЕ по вопросам национальных меньшинств, Женева, 19 июля 1991 г. (далее Женева, 1991 г.)

Документ московского совещания Конференции по человеческому измерению СБСЕ, Москва, 3 октября 1991 г. (далее Москва, 1991 г.)

Документ второй Встречи Совета СБСЕ, Прага, 30–31 января 1992 г. (далее Прага, 1992 г.)

Итоговый документ хельсинкской встречи 1992 г. – четвертая Встреча в рамках дальнейших шагов, Хельсинки, 10 июля 1992 г. (далее Хельсинки, 1992 г.)

Документ третьей встречи Совета СБСЕ, Стокгольм, 14–15 декабря 1992 г. (далее Стокгольм, 1992 г.) Документы ОБСЕ, упомянутые в настоящем сборнике документов

Документ четвертой встречи Совета СБСЕ, Рим, 30 ноября – 1 декабря 1993 г. (далее Рим, 1993 г.)

Будапештский документ, Будапешт, 6 декабря 1994 г. (далее Будапешт, 1994 г.)

Лиссабонский документ, Лиссабон, 3 декабря 1996 г. (далее Лиссабон, 1996 г.)

Документ шестой встречи Совета министров, Копенгаген, 18–19 декабря 1997 г. (далее Копенгаген, 1997 г.)

Документ седьмой встречи Совета министров, Осло, 2–3 декабря 1998 г. (далее Осло, 1998 г.)

Стамбульский документ, Стамбул, 19 ноября 1999 г. (далее Стамбул, 1999 г.)

Документ восьмой встречи Совета министров, Вена, 27–28 ноября 2000 г. (далее Вена, 2000 г.)

Документ девятой встречи Совета министров, Бухарест, 3–4 декабря 2001 г. (далее Бухарест, 2001 г.)

Документ десятой встречи Совета министров, Порту, 6–7 декабря 2002 г. (далее Порту, 2002 г.)

Документ одиннадцатой встречи Совета министров, Маастрихт, 1–2 декабря 2003 г. (далее Маастрихт, 2003 г.)

Документ двенадцатой встречи Совета министров, София, 6–7 декабря 2004 г. (далее София, 2004 г.)

Документ тринадцатой встречи Совета министров, Любляна, 5–6 декабря 2005 г. (далее Любляна, 2005 г.)

Документ четырнадцатой встречи Совета министров, Брюссель, 4–5 декабря 2006 г. (далее Брюссель, 2006 г.)

Документ пятнадцатой встречи Совета министров, Мадрид, 29–30 ноября 2007 г. (далее Мадрид, 2007 г.)

Документ шестнадцатой встречи Совета министров, Хельсинки, 29–30 ноября 2008 г. (далее Хельсинки, 2008 г.)

Документ семнадцатой встречи Совета министров, Афины, 1–2 декабря 2009 г. (далее Афины, 2004 г.)

Астанинская юбилейная декларация, Астана, 2 декабря 2010 г. (далее Астана, 2010 г.)

Документ восемнадцатой встречи Совета министров, Вильнюс, 7 декабря 2011 г. (далее Вильнюс, 2011 г.)

XXIII Документы ОБСЕ, упомянутые в настоящем сборнике документов

Документ девятнадцатой встречи Совета министров, Дублин, 7 декабря 2012 г. (далее Дублин, 2012 г.)

Документ двадцатой встречи Совета министров, Киев, 6 декабря 2013 г. (далее Киев, 2013 г.)

Документ двадцать первой встречи Совета министров, Базель, 5 декабря 2014 г. (далее Базель, 2014 г.)

Документ двадцать второй встречи Совета министров, Белград, 4 декабря 2015 г. (далее Белград, 2015 г.)

Документ двадцать третьей встречи Совета министров, Гамбург, 9 декабря 2016 г. (далее Гамбург, 2016 г.)

Документ двадцать четвертой встречи Совета министров, Вена, 8 декабря 2017 г. (далее Вена, 2017 г.)

Документ двадцать пятой встречи Совета министров, Милан, 7 декабря 2018 г. (далее Милан, 2018 г.)

Документ двадцать седьмой встречи Совета министров, Тирана, 4 декабря 2020 г. (далее Тирана, 2020 г.)

XXIV Общие положения, касающиеся человеческого измерения 1. Введение в человеческое измерение 1 1.1 Сущность и значение человеческого измерения

1.1 Сущность и значение человеческого измерения

Хельсинки, 1975 г. (Вопросы, относящиеся к безопасности в Европе: 1.(a) Декларация принципов, которыми государства-участники будут руководствоваться во взаимных отношениях; принципы VII-IX)

Государства-участники признают всеобщее значение прав человека и основных свобод, уважение которых является существенным фактором мира, справедливости и благополу- чия, необходимых для обеспечения развития дружественных отношений и сотрудничества между ними, как и между всеми государствами. (…)

Они будут стремиться, развивая свое сотрудничество как равные, содействовать взаимопо- ниманию и доверию, дружественным и добрососедским отношениям между собой, между- народному миру, безопасности и справедливости. Они будут, равным образом, стремиться, развивая свое сотрудничество, повышать благосостояние народов и способствовать пре- творению в жизнь их чаяний, используя, в частности, выгоды, вытекающие из расширяю- щегося взаимного ознакомления и их прогресса и достижений в экономической, научной, технической, социальной, культурной и гуманитарной областях. Они будут предприни- мать шаги по содействию условиям, благоприятствующим тому, чтобы делать эти выгоды доступными для всех; они будут учитывать интересы всех в сокращении различий в уров- нях экономического развития и, в частности, интересы развивающихся стран во всем мире.

Копенгаген, 1990 г. (Преамбула)

Государства-участники выражают свою убежденность в том, что полное уважение прав человека и основных свобод и развитие обществ, основанных на плюралистической демо- кратии и верховенстве закона, является необходимым условием для обеспечения прогресса в деле создания стабильной обстановки прочного мира, безопасности, справедливости и сотрудничества, которую они стремятся утвердить в Европе.

I (1) Государства-участники выражают свою убежденность в том, что защита и поощрение прав человека и основных свобод является одной из основополагающих целей правления, и подтверждают, что признание этих прав и свобод является основой свободы, справед- ливости и мира. (…)

V (41) Государства-участники подтверждают свою приверженность человеческому измере- нию СБСЕ и подчеркивают его важность как составной части сбалансированного подхода к безопасности и сотрудничеству в Европе (…)

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы заявляем, что наше уважение прав человека и основных свобод неизменно (...)

3 1.1 Сущность и значение человеческого измерения

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

6. Мы приветствуем приверженность всех государств-участников нашим общим ценно- стям. Уважение прав человека и основных свобод, в том числе прав лиц, принадлежащих к национальным меньшинствам, демократия и верховенство закона, экономическая сво- бода, социальная справедливость и ответственное отношение к окружающей среде явля- ются нашими общими целями. Они непреложны (…)

7. Мы вновь подтверждаем, что руководящие принципы и общие ценности, изложенные в хельсинкском Заключительном акте и Парижской хартии, которые воплощают обязатель- ства государств друг перед другом и правительств перед своими народами, не утратили своей силы. Они отражают коллективную совесть нашего сообщества. (…)

21. Наш подход основывается на всеобъемлющей концепции безопасности, впервые изло- женной в Заключительном акте.

Эта концепция устанавливает взаимосвязь между поддержанием мира и уважением прав человека и основных свобод. Она увязывает экономическую и экологическую солидарность и сотрудничество с мирными межгосударственными отношениями. Все это было необхо- димо для ослабления конфронтации и не утратило своего актуального значения для управ- ления процессом перемен сегодня.

Глава VI: Человеческое измерение

(2) Государства-участники выражают свою твердую решимость обеспечить полное уважение прав человека и основных свобод, действовать на основе законности, проводить в жизнь принципы демократии и в этой связи создавать, укреплять и защищать демократические институты, а также развивать принципы терпимого отношения в масштабах всего общества.

Будапешт, 1994 г. (Декларация встречи на высшем уровне)

14. Мы подтверждаем важную роль человеческого измерения во всех видах деятельно- сти СБСЕ. Уважение прав человека и основных свобод, демократии и верховенства закона является необходимым компонентом безопасности и сотрудничества в регионе СБСЕ. Оно должно оставаться одной из главных целей деятельности СБСЕ (…) Мы подчеркиваем важ- ность контактов между людьми в преодолении наследия былых расколов.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

2. В рамках всеобъемлющей концепции безопасности права человека и основные свободы, верховенство закона и демократические институты, решающим образом способствуя пре- дотвращению конфликтов, служат основой мира и безопасности. Защита прав человека, в том числе прав лиц, принадлежащих к национальным меньшинствам, представляет собой краеугольный камень демократического гражданского общества. Пренебрежение этими правами, когда оно приобретало серьезный характер, становилось одной из причин экс- тремизма, региональной нестабильности и конфликтов (…)

4 1 1.1 Сущность и значение человеческого измерения

Стамбул, 1999 г. (Хартия европейской безопасности: II. Наши общие основы)

7. Мы вновь подтверждаем свою полную приверженность Уставу Организации Объеди- ненных Наций и хельсинкскому Заключительному акту, Парижской хартии и всем дру- гим принятым нами в рамках ОБСЕ документам. Эти документы воплощают наши общие обязательства и являются основой нашей работы (…) В них установлены четкие нормы обращения государств-участников друг с другом и со всеми людьми, находящимися на их территории (…) Их добросовестное выполнение является крайне важным для отношений между государствами, между их правительствами и народами, а также между организаци- ями, членами которых они являются (…) Мы рассматриваем эти обязательства как наше общее достижение (…) (…)

9. Мы будем строить наши отношения в соответствии с концепцией общей и всеобъемлю- щей безопасности, руководствуясь принципами равноправного партнерства, солидарно- сти и транспарентности. Безопасность каждого государства-участника неразрывно связана с безопасностью всех других. Мы будем рассматривать человеческое, экономическое и воен- но-политическое измерения безопасности как единое целое.

Порту, 2002 г. (Декларация встречи Совета министров)

3. (…) в условиях меняющегося характера угроз нашей безопасности наша организация должна вырабатывать на них новые ответы, охватывающие и укрепляющие все три изме- рения нашего всеобъемлющего подхода. Наши усилия по упрочению мира и стабильности должны идти рука об руку с нашей решимостью в полном объеме обеспечивать уважение прав человека, основных свобод и верховенства закона, а также укреплять необходимые предпосылки устойчивого развития во всех наших государствах.

Маастрихт, 2003 г. (I. Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке; Угрозы безопасности и стабильности в XXI веке)

4. Уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой ОБСЕ концепции всеобъемлющей безопасности. Прочные демократические институты и верховенство закона играют важную роль в предотвращении возникновения угроз. Если государственное управление поставлено слабо, а государство не обеспечивает надлежащих, работоспособных демократических институтов, которые укре- пляли бы стабильность, то это само по себе может создавать питательную среду для воз- никновения ряда угроз. Точно так же появлению целого ряда потенциальных угроз могут способствовать систематические нарушения прав человека и основных свобод, включая права лиц, принадлежащих к национальным меньшинствам. (…)

8. В этих условиях очевидно, что всеобъемлющий подход ОБСЕ к безопасности, охватыва- ющий военно-политическое, экономическое и экологическое, а также человеческое измере- ния, ни в коей мере не утратил своей актуальности и нуждается в сохранении и дальнейшем укреплении.

9. (…) За непосредственными причинами ведущих к насилию конфликтов стоят несоблю- дение положений международного права, норм и принципов ОБСЕ, а также ряд факторов,

5 1.1 Сущность и значение человеческого измерения

относящихся к военно-политическому, экономическому и экологическому, а также чело- веческому измерениям.

Астана, 2010 г.

1. Мы, главы государств и правительств 56 государств – участников ОБСЕ, собрались в Астане спустя 11 лет после предыдущей Встречи ОБСЕ на высшем уровне в Стамбуле, чтобы вновь заявить о своей приверженности идее свободного, демократического, общего и неделимого евроатлантического и евразийского сообщества безопасности на простран- стве от Ванкувера до Владивостока, основанного на согласованных принципах, совместных обязательствах и общих целях. Отмечая 35-ю годовщину хельсинкского Заключительного акта и 20-ю годовщину Парижской хартии для новой Европы, мы вновь подтверждаем акту- альность принципов, на которых основана эта Организация, и нашу приверженность им. Мы достигли значительного прогресса, но при этом также признаем, что необходимо сде- лать больше для обеспечения полного уважения и выполнения этих базовых принципов и обязательств, взятых нами на себя в области военно-политического, экономико-экологи- ческого и человеческого измерений, особенно в области прав человека и основных свобод.

2. Мы подтверждаем свою полную приверженность Уставу Организации Объединенных Наций и всем принятым в рамках ОБСЕ нормам, принципам и обязательствам, начиная с хельсинского Заключительного акта, Парижской хартии, Хартии европейской безопасно- сти, и всем другим согласованным нами документам ОБСЕ, а также свою ответственность за их добросовестное и полное выполнение. Мы вновь заявляем о своей приверженности концепции всеобъемлющей, основанной на сотрудничестве, равной и неделимой безопас- ности, начало которой положил Заключительный акт и которая сочетает поддержание мира с уважением прав человека и основных свобод и увязывает экономическое и экологическое сотрудничество с мирными межгосударственными отношениями. (…)

4. Эти нормы, принципы и обязательства позволили нам добиться прогресса в преодоле- нии былой конфронтации и еще более продвинуться на пути к демократии, миру и един- ству во всем регионе ОБСЕ. Они должны и далее служить нам ориентиром в XXI веке в нашей совместной работе по реализации намеченных в Хельсинки и Париже высоких целей в интересах всех наших народов. Эти и все другие документы ОБСЕ устанавливают для государств-участников четкие нормы обращения друг с другом и со всеми людьми, находящимися на их территории. (…) (…)

6. Всеобъемлющий и основанный на сотрудничестве подход ОБСЕ к вопросам безопас- ности, в рамках которого человеческое, экономико-экологическое и военно-политиче- ское измерения безопасности рассматриваются как единое целое, остается незаменимым. Будучи убеждены в том, что достоинство, присущее человеческой личности, является одним из центральных элементов всеобъемлющей безопасности, мы вновь заявляем, что права человека и основные свободы неотъемлемы и что их защита и поощрение являются нашей первейшей обязанностью. (…)

6 1 1.2 Человеческое измерение как предмет непосредственного и законного интереса международного сообщества

1.2 Человеческое измерение как предмет непосредственного и законного интереса международного сообщества

Москва, 1991 г. (Преамбула)

Государства-участники подчеркивают, что вопросы, касающиеся прав человека, основных свобод, демократии и верховенства закона, носят международный характер, поскольку соблюдение этих прав и свобод составляет одну из основ международного порядка Они категорически и окончательно заявляют, что обязательства, принятые ими в области чело- веческого измерения СБСЕ, являются вопросами, представляющими непосредственный и законный интерес для всех государств-участников и не относятся к числу исключительно внутренних дел соответствующего государства.

Лиссабон, 1996 г. (Декларация о модели общей и всеобъемлющей безопасности для Европы XXI века)

5. Мы признаем, что в ОБСЕ государства подотчетны своим гражданам и несут друг перед другом ответственность за выполнение своих обязательств в рамках Организации.

Стамбул, 1999 г. (Хартия европейской безопасности: II. Наши общие основы)

7. (…) Все без исключения обязательства, принятые в рамках ОБСЕ, в равной мере распро- страняются на каждое государство-участник (…) Мы рассматриваем эти обязательства как наше общее достижение и поэтому считаем, что они представляют непосредственный и законный интерес для всех государств-участников.

Астана, 2010 г.

3. (…) Мы далее вновь подтверждаем, что все без исключения принципы и обязательства, принятые в рамках ОБСЕ, в равной мере распространяются на каждое государство-участник (…) Мы рассматриваем эти обязательства как наше общее достижение и поэтому считаем, что они представляют непосредственный и законный интерес для всех государств-участников.

6. (…) Мы рассматриваем эти обязательства как наше общее достижение и поэтому счи- таем, что они представляют непосредственный и законный интерес для всех государств-у- частников. (…)

7 2. Выполнение обязательств 2.1 Обязанность выполнять обязательства

2.1 Обязанность выполнять обязательства

Хельсинки, 1975 г. (Вопросы, относящиеся к безопасности в Европе: 1.(a) Декларация 2 принципов, которыми государства-участники будут руководствоваться во взаимных отношениях – принципы VII-X)

[Государства-участники ] (…) будут постоянно уважать эти права и свободы в своих вза- имных отношениях и будут прилагать усилия, совместно и самостоятельно, включая сотрудничество с Организацией Объединенных Наций, в целях содействия всеобщему и эффективному уважению их. (…)

(…) При осуществлении своих суверенных прав, включая право устанавливать свои законы и административные правила, они будут сообразовываться со своими юридическими обяза- тельствами по международному праву; они будут, кроме того, учитывать должным образом и выполнять положения Заключительного акта Совещания по безопасности и сотрудни- честву в Европе. (…)

Все принципы, изложенные выше, имеют первостепенную важность, и, следовательно, они будут одинаково и неукоснительно применяться при интерпретации каждого из них с учетом других.

Государства-участники выражают свою решимость полностью уважать и применять эти принципы, как они изложены в настоящей Декларации, во всех аспектах к их взаимным отношениям и сотрудничеству с тем, чтобы обеспечить каждому государству-участнику преимущества, вытекающие из уважения и применения этих принципов всеми.

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: преамбула)

Государства-участники выражают свою решимость (…) • последовательно выполнять все положения Заключительного акта, и в частности строго и неукоснительно уважать и осуществлять на практике все десять принципов, содержа- щихся в Декларации принципов, которыми государства-участники руководствуются во взаимных отношениях, независимо от их политических, экономических и социальных систем, а также их размера, географического положения и уровня экономического раз- вития (…)

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Государства-участники подчеркивают свою решимость поощрять и развивать эффективное осуществление прав человека и основных свобод, которые все вытекают из достоинства, присущего человеческой личности, и являются существенными для ее свободного и полного развития, и обеспечивать постоянный и ощутимый прогресс в соответствии с Заключитель- ным актом в целях дальнейшего и устойчивого продвижения в этой области во всех госу- дарствах-участниках, независимо от их политических, экономических и социальных систем.

9 2.1 Обязанность выполнять обязательства

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы заявляем, что наше уважение прав человека и основных свобод неизменно. Мы будем полностью соблюдать и развивать положения, касающиеся человеческого измерения СБСЕ.

Москва, 1991 г. (Преамбула)

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

6. (…) Приверженность нашим обязательствам обеспечивает основу для участия и сотруд- ничества в СБСЕ, является залогом дальнейшего развития наших обществ.

Стамбул, 1999 г. (Хартия европейской безопасности: II. Наши общие основы)

7. Мы вновь подтверждаем свою полную приверженность Уставу Организации Объеди- ненных Наций и хельсинкскому Заключительному акту, Парижской хартии и всем другим принятым нами в рамках ОБСЕ документам. Эти документы воплощают наши общие обяза- тельства и являются основой нашей работы (…) Все без исключения обязательства, приня- тые в рамках ОБСЕ, в равной мере распространяются на каждое государство-участник. Их добросовестное выполнение является крайне важным для отношений между государствами, между их правительствами и народами, а также между организациями, членами которых они являются. Государства-участники подотчетны своим гражданам и несут ответствен- ность друг перед другом за выполнение ими обязательств, принятых ими в рамках ОБСЕ. Мы рассматриваем эти обязательства как наше общее достижение и поэтому считаем, что они представляют непосредственный и законный интерес для всех государств-участников.

Брюссель, 2006 г. (Решение № 19/06 Повышение эффективности ОБСЕ)

Совет министров, (…)

3. Напоминает государствам-участникам, что им следует сверять свое законодательство и правовую практику с обязательствами ОБСЕ;

4. Принимает к сведению оценку, касающуюся нынешнего состояния хода осуществления государствами-участниками существующих обязательств, и подчеркивает, в частности, что ответственность за эффективное исполнение обязательств, принятых ими в рамках ОБСЕ, лежит на самих государствах-участниках. В этой связи БДИПЧ играет важную роль, ока- зывая им помощь; (…)

10 2.2 Методы выполнения

Астана, 2010 г.

1. (…) Отмечая 35-ю годовщину хельсинкского Заключительного акта и 20-ю годовщину 2 Парижской хартии для новой Европы, мы вновь подтверждаем актуальность принципов, на которых основана эта Организация, и нашу приверженность им. Мы достигли значи- тельного прогресса, но при этом также признаем, что необходимо сделать больше для обе- спечения полного уважения и выполнения этих базовых принципов и обязательств, взятых нами на себя в области военно-политического, экономико-экологического и человеческого измерений, особенно в области прав человека и основных свобод.

3. (…) Мы далее вновь подтверждаем, что все без исключения принципы и обязательства, принятые в рамках ОБСЕ, в равной мере распространяются на каждое государство-участ- ник, и подчеркиваем свою подотчетность нашим гражданам и ответственность друг перед другом в том, что касается их выполнения в полном объеме. Мы рассматриваем эти обяза- тельства как наше общее достижение и поэтому считаем, что они представляют непосред- ственный и законный интерес для всех государств-участников.

6. (…) Будучи убеждены в том, что достоинство, присущее человеческой личности, явля- ется одним из центральных элементов всеобъемлющей безопасности, мы вновь заявляем, что права человека и основные свободы неотъемлемы и что их защита и поощрение явля- ются нашей первейшей обязанностью.

2.2 Методы выполнения

2.2.1 Общие положения, включая образовательную деятельность в области прав человека

Хельсинки, 1975 г. (Дальнейшие шаги после Совещания)

Государства-участники, (…)

11 2.2.1 Общие положения, включая образовательную деятельность в области прав человека

1. Заявляют о своей решимости, в период после Совещания, должным образом учитывать и выполнять положения Заключительного акта Совещания: (a) в одностороннем порядке во всех случаях, которые подходят для такого действия; (b) в двустороннем порядке путем переговоров с другими государствами-участниками; (c) в многостороннем порядке путем встреч экспертов государств-участников, а также в рамках существующих международных организаций, таких как Европейская экономи- ческая комиссия ООН и ЮНЕСКО в том, что касается сотрудничества в области образо- вания, науки и культуры;

2. Заявляют далее о своей решимости продолжать многосторонний процесс, начатый Сове- щанием: (a) путем проведения углубленного обмена мнениями как о выполнении положений Заклю- чительного акта и задач, определенных Совещанием (…) (…)

Текст настоящего Заключительного акта будет опубликован в каждом государстве-участ- нике, которое распространит его и обеспечит возможно более широкое ознакомление с ним.

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Они вновь подтверждают свою решимость полностью уважать и применять эти принципы и, соответственно, содействовать всеми мерами как в законодательном плане, так и на практике повышению их действенности. Они считают, что одной из таких мер могло бы явиться отражение в законодательстве – таким способом, который соответствует практике и процедурам каждой страны, – изложенных в Заключительном акте десяти принципов. (…)

Они подтверждают особое значение Всеобщей декларации прав человека, Международ- ных пактов о правах человека и других соответствующих международных документов в их совместных и самостоятельных усилиях по поощрению и развитию всеобщего уважения прав человека и основных свобод; они обращаются с призывом ко всем государствам-у- частникам действовать в соответствии с этими международными документами, а к тем государствам-участникам, которые этого еще не сделали, рассмотреть возможность при- соединения к Пактам.

Копенгаген, 1990 г.

12 2.2.1 Общие положения, включая образовательную деятельность в области прав человека

пакту о гражданских и политических правах, которые предусматривают процедуры пра- вовой защиты отдельных лиц в международных органах. 2 Москва, 1991 г.

(42) Государства-участники (42.1) подтверждают, что образование в области прав человека имеет основополагающее значение и что в этой связи крайне важно, чтобы их граждан просвещали относительно прав человека и основных свобод, а также обязательств уважать такие права и свободы, установленные в национальном законодательстве и международных договорах, участни- ками которых они могут являться; (42.2) признают, что эффективное образование в области прав человека способствует борьбе с нетерпимостью, религиозными, расовыми и этническими предрассудками и ненавистью, в том числе против роман, ксенофобией и антисемитизмом; (42.3) будут содействовать разработке их компетентными органами, занимающимися под- готовкой учебных программ, эффективных учебных планов и курсов по правам человека для студентов всех уровней, особенно студентов, изучающих право, управление и обще- ственные науки, а также учащихся военных и полицейских учебных заведений и институ- тов государственного управления; (42.4) будут предоставлять их преподавателям информацию о всех положениях человече- ского измерения СБСЕ; (42.5) будут поощрять сотрудничество между организациями и учебными заведениями в разработке и обмене программами в области прав человека на национальном и между- народном уровне; (42.6) будут стремиться к тому, чтобы в рамках мероприятий, осуществляемых в целях раз- вития образования в области прав человека в более широком смысле, учитывался опыт, программы и формы сотрудничества в существующих международных правительственных и неправительственных органах, таких как Организация Объединенных Наций и Совет Европы.

Любляна, 2005 г. (Решение № 11/05 Содействие учебно-просветительской деятельности по тематике прав человека в регионе ОБСЕ)

Совет министров, (…)

отмечая, что поощрение прав человека путем учебно-просветительской деятельности во всем регионе ОБСЕ может рассматриваться в контексте принятой в ОБСЕ всеобъемлющей концепции безопасности и является жизненно важным условием более полного обеспече- ния прав человека и основных свобод, а также содействия терпимости и недискриминации,

признавая особую ценность многопланового сотрудничества, включая консультации, сотрудничество и координацию действий с соответствующими международными и реги- ональными организациями, а также пользу, которую страны могут извлекать из опыта и возможностей друг друга в сфере учебно-просветительской деятельности в области прав человека,

13 2.2.2 Обзор выполнения

принимая во внимание усилия других международных организаций, в том числе в рам- ках Всемирной программы ООН по образованию в области прав человека, Программы Совета Европы по образованию для демократического гражданства и его Программы для молодежи «Все разные, все равные», Европейской инициативы Евросоюза «За демократию и права человека», а также программ, проводимых на национальном уровне,

признавая вклад БДИПЧ и других структур и институтов ОБСЕ и ее операций на местах в дело содействия учебно-просветительской деятельности в области прав человека в сотруд- ничестве с государствами-участниками,

будучи приверженным дальнейшей активизации усилий ОБСЕ по содействию учебно-про- светительским программам в области прав человека в регионе ОБСЕ, а также по оказанию Организацией поддержки государствам-участникам по их просьбе в осуществлении их национальных программ, касающихся просвещения в области прав человека,

предлагает государствам-участникам, привлекая гражданское общество, укреплять работу по систематическому осуществлению учебно-просветительских программ в области прав человека, разработанных с целью воспитания уважения к неотъемлемому достоинству человеческой личности, и обеспечивать реализацию прав человека для каждого индивида, принадлежащего к любой социальной группе, и в обществе в целом;

постановляет наращивать усилия ОБСЕ во взаимодействии с другими международными организациями и неправительственными организациями по принятию необходимых мер, имеющих целью содействие учебно-просветительской деятельности в области прав чело- века с особым акцентом на молодежь в регионе ОБСЕ; (…)

2.2.2 Обзор выполнения

Хельсинки, 1992 г. (Решения: I. Укрепление институтов и структур СБСЕ)

(26) Тщательный обзор выполнения обязательств по СБСЕ будет по-прежнему играть важ- ную роль в деятельности СБСЕ, укрепляя тем самым сотрудничество между государства- ми-участниками.

(27) Обзоры выполнения будут проводиться регулярно на конференциях по обзору и на специальных совещаниях, созываемых для этой цели в БДИПЧ и ЦПК (…) как это пред- усмотрено в соответствующих документах СБСЕ.

(28) Эти обзоры выполнения будут носить характер совместной деятельности, будут все- объемлющими по своему охвату и, в то же время, будут предоставлять возможность для рассмотрения конкретных проблем.

(29) Государствам-участникам будет предложено делать вклады, отражающие их опыт выпол- нения, с особым упором на встретившиеся в этой связи проблемы, а также сообщать свои мнения по вопросам выполнения в пределах всего региона СБСЕ. Государствам-участни- кам предлагается распространять материалы с описанием их вклада заблаговременно до проведения совещания.

14 2.2.2 Обзор выполнения

(30) Обзоры должны предоставлять возможность определения действий, которые могут потребоваться для рассмотрения проблем. Совещания, на которых будет проводиться обзор выполнения, могут обращать внимание КСДЛ на любые предложения по мерам, которые, по 2 их мнению, было бы целесообразно предпринять для улучшения выполнения обязательств.

Будапешт, 1994 г. (Декларация встречи на высшем уровне)

14. (…) Чрезвычайно важное значение в области человеческого измерения имеют перио- дические обзоры выполнения наших обязательств, с самого начала играющие кардиналь- ную роль в СБСЕ.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

5. Развивая предусмотренные в Хельсинкском документе 1992 года структуры для обзора выполнения, а также стремясь к совершенствованию выполнения обязательств в области человеческого измерения, государства-участники будут использовать Постоянный совет для более широкого диалога по вопросам человеческого измерения и для возможного при- нятия мер в случаях невыполнения обязательств. С этой целью государства-участники постановляют, что вопросы человеческого измерения будут регулярно рассматриваться Постоянным советом. (…)

6. Они призывают действующего Председателя информировать Постоянный совет о посту- пивших сигналах относительно серьезных случаев невыполнения обязательств в области человеческого измерения, в том числе на основе сведений, полученных от БДИПЧ, докла- дов и рекомендаций Верховного комиссара по делам национальных меньшинств (ВКНМ) или докладов руководителей миссий СБСЕ, а также информации, поступающей из соот- ветствующего государства.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

14. (…) Мы в индивидуальном порядке подтверждаем свое желание полностью выполнять принятые нами обязательства. Мы также несем совместную ответственность за то, чтобы отстаивать принципы ОБСЕ (…) Мы будем в духе солидарности и партнерства сотрудни- чать на постоянной основе при рассмотрении вопросов выполнения. (…)

Брюссель, 2006 г. (Решение № 17/06 Усовершенствование процесса консультаций)

Совет министров, (…)

постановляет учредить следующие комитеты в качестве неофициальных вспомогательных органов Постоянного совета: (…)

Комитет по человеческому измерению, который будет выполнять следующие задачи: • обсуждать вопросы человеческого измерения, в том числе выполнение обязательств государств-участников;

15 2.2.2 Обзор выполнения

• оказывать поддержку в подготовке совещаний по выполнению в области человеческого измерения и других совещаний в области человеческого измерения; • рассматривать по просьбе Председательства в консультации с государствами-участниками вопросы в области разных измерений в конкретной увязке с человеческим измерением; • обсуждать рекомендации Постоянному совету о программе работы, включая дальнейшие действия относительно рекомендаций совещаний в области человеческого измерения;

постановляет далее:

в начале каждого года Председательство в консультации с государствами-участниками будет далее уточнять задачи вышеупомянутых комитетов и определять программу работы, отражающую цели и приоритеты Организации, с учетом также необходимости обеспече- ния охвата рассматриваемых многомерных вопросов. (…)

Вышеупомянутые комитеты будут встречаться в неофициальном формате и будут отчиты- ваться, высказывать предложения и рекомендации и готовить соответствующие решения для Постоянного совета в рамках Подготовительного комитета. Соответствующие положения Правил процедуры ОБСЕ, в частности раздела V(A), будут применяться к работе комитетов. (…)

Как правило, каждый комитет будет собираться по крайней мере один раз в месяц. По ини- циативе Председательства или председателя комитета или по просьбе одного или более государств-участников каждый комитет может собираться так часто, как это требуется с учетом необходимости в консультациях или подготовке решений Постоянного совета. Председательство и председатели комитетов будут избегать одновременного проведения заседаний неофициальных вспомогательных органов.

Комитеты будут рассматривать вопросы в пределах своей компетенции по просьбе Пред- седательства, Постоянного совета или одного или более государств-участников.

Пункты 6-9 раздела V(А) Правил процедуры ОБСЕ будут применяться в отношении уча- стия в заседаниях трех новых учрежденных комитетов в той же мере, в какой они приме- няются к участию в заседании Подготовительного комитета.

Секретариат ОБСЕ будет обеспечивать поддержку в работе комитетов.

Настоящее решение будет применимо в течение одного года начиная с 1 января 2007 года. Оно будет подлежать рассмотрению Постоянного совета в конце 2007 года с целью приня- тия решения о его возможном продлении с учетом накопленного опыта в новой структуре.

Брюссель, 2006 г. (Решение № 19/06 Повышение эффективности ОБСЕ)

Совет министров, (…)

2. Признает, что БДИПЧ в ходе осуществления его мандата продемонстрировало свои воз- можности по оказанию содействия государствам-участникам в выполнении их обязательств в сфере человеческого измерения;

16 2.2.3 Наблюдение за выборами

3. Напоминает государствам-участникам, что им следует сверять свое законодательство и правовую практику с обязательствами ОБСЕ; 2 4. Принимает к сведению оценку, касающуюся нынешнего состояния хода осуществления государствами-участниками существующих обязательств, и подчеркивает, в частности, что ответственность за эффективное исполнение обязательств, принятых ими в рамках ОБСЕ, лежит на самих государствах-участниках. В этой связи БДИПЧ играет важную роль, ока- зывая им помощь;

5. Поручает Постоянному совету, принимая во внимание рекомендации БДИПЧ и других соответствующих институтов ОБСЕ, обратить внимание на проблемы выполнения обяза- тельств в областях, сформулированных в настоящем докладе, имея в виду более эффектив- ное использование помощи БДИПЧ; (…)

2.2.3 Наблюдение за выборами

Копенгаген, 1990 г.

(8) Государства-участники считают, что присутствие наблюдателей, как иностранных, так и национальных, может повысить авторитетность избирательного процесса для государств, в которых проводятся выборы. Поэтому они приглашают наблюдателей от любых других государств-участников СБСЕ и любых соответствующих частных учреждений и органи- заций, которые пожелают этого, наблюдать за ходом их национальных выборов в объеме, допускаемом законом. Они также будут стремиться содействовать такому же доступу к изби- рательным процессам, проводимым на более низком, чем общенациональный, уровне. Такие наблюдатели будут брать на себя обязательство не вмешиваться в избирательный процесс. (…)

(12) Государства-участники, желая обеспечить большую открытость в выполнении обя- зательств, взятых на себя в разделе о человеческом измерении СБСЕ венского Итогового документа, постановляют принять в качестве меры по укреплению доверия присутствие наблюдателей, направляемых государствами-участниками, и представителей неправитель- ственных организаций и других заинтересованных лиц на судебных процессах, как это предусматривается в национальном законодательстве и международном праве; при этом понимается, что судебные процессы могут быть закрытыми (in camera) лишь при наличии обстоятельств, предписанных законом и соответствующих обязательствам по междуна- родному праву и международным обязательствам.

2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

14. (…) Мы в индивидуальном порядке подтверждаем свое желание полностью выполнять принятые нами обязательства. Мы также несем совместную ответственность за то, чтобы отстаивать принципы ОБСЕ. Мы (…) готовы использовать имеющиеся у ОБСЕ инстру- менты, средства и механизмы (…) Мы будем в духе солидарности и партнерства сотрудни- чать на постоянной основе при рассмотрении вопросов выполнения.

17 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

A. Венский механизм

Вена, 1989 г. (Человеческое измерение СБСЕ)

Государства-участники,

Памятуя об обязательствах, взятых по Заключительному акту и другим документам СБСЕ относительно уважения всех прав человека и основных свобод, контактов между людьми и других связанных с этим вопросов гуманитарного характера,

Признавая необходимость улучшить выполнение своих обязательств по СБСЕ и их сотруд- ничество в этих областях, ниже именуемых как человеческое измерение СБСЕ,

На основе принципов и положений Заключительного акта и других соответствующих доку- ментов СБСЕ решили:

1. обмениваться информацией и отвечать на запросы об информации и на представления, сделанные им другими государствами-участниками по вопросам, относящимся к челове- ческому измерению СБСЕ. Такие обращения могут быть направлены по дипломатическим каналам или адресованы любому органу, назначенному для этих целей;

2. проводить двусторонние встречи с другими государствами-участниками, которые того пожелают, с целью изучения вопросов, относящихся к человеческому измерению СБСЕ, включая ситуации и конкретные случаи, имея в виду разрешить их. Время и место таких встреч будут определяться по взаимной договоренности по дипломатическим каналам;

3. что любое государство-участник, которое сочтет это необходимым, может привлекать внимание других государств-участников по дипломатическим каналам к ситуациям и слу- чаям, касающимся человеческого измерения СБСЕ, включая те, вопрос о которых был под- нят на двусторонних встречах, предусмотренных в пункте 2;

4. что любое государство-участник, которое сочтет это необходимым, может предоставлять информацию об обмене информацией и ответах на его запросы об информации и на пред- ставления (пункт 1) и о результатах двусторонних встреч (пункт 2), включая информацию относительно ситуаций и конкретных случаев на совещаниях Конференции по человече- скому измерению, а также на следующих основных встречах СБСЕ. (…)

Копенгаген, 1990 г.

(42) Государства-участники признают необходимость дальнейшего повышения эффектив- ности процедур, как они определены в пунктах 1-4 раздела о человеческом измерении СБСЕ венского Итогового документа, и с этой целью постановляют: (42.1) давать в как можно более короткие сроки, но не позднее чем через четыре недели, письменные ответы на запросы об информации и на представления, сделанные им в пись- менном виде другими государствами-участниками в соответствии с пунктом 1; (42.2) что двусторонние встречи, предусмотренные пунктом 2, будут проводиться по воз- можности скорее, как правило, в течение трех недель со дня представления запроса;

18 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

(42.3) воздерживаться в ходе двусторонних встреч, проводимых в соответствии с пунктом 2, от постановки вопроса о ситуациях и случаях, не связанных с предметом этих встреч, если только обе стороны не договорятся об этом. 2 B. Московский механизм

Москва, 1991 г. (Преамбула и глава I – с поправками, внесенными на римской встрече в 1993 году)

С целью укрепления и расширения механизма человеческого измерения, изложенного в разделе венского Итогового документа, посвященном человеческому измерению СБСЕ, а также развития и углубления обязательств, содержащихся в Документе Копенгагенского совещания Конференции по человеческому измерению СБСЕ, государства-участники при- нимают следующее: (…)

(1) Государства-участники подчеркивают, что механизм человеческого измерения, изло- женный в пунктах 1-4 посвященного человеческому измерению СБСЕ раздела венского Итогового документа, является важным достижением процесса СБСЕ, доказавшим свою ценность как средства обеспечения большего уважения прав человека, основных свобод, демократии и верховенства закона путем диалога и сотрудничества, а также содействия решению конкретных относящихся к этой области вопросов. В целях дальнейшего улуч- шения выполнения обязательств СБСЕ в области человеческого измерения они постано- вляют повысить эффективность этого механизма, а также укрепить и расширить его таким образом, как это изложено в следующих пунктах.

(2) Государства-участники вносят изменения в пункты 42.1 и 42.2 Документа Копенгаген- ского совещания в отношении того, что они будут давать в возможно короткий срок, но не позднее чем через десять дней, письменный ответ на запросы об информации и пред- ставления, с которыми к ним в письменном виде обратятся другие государства-участники согласно пункту 1 механизма человеческого измерения. Двусторонние встречи, о которых говорится в пункте 2 механизма человеческого измерения, проводятся, по возможности, в кратчайшие сроки, как правило, в течение недели после получения запроса.

(3) В институте СБСЕ* без задержек будет составлен список кандидатов, включающий до трех экспертов от каждого государства-участника. В качестве экспертов должны выступать известные специалисты, – в том числе, при возможности, обладающие опытом в вопро- сах, связанных с национальными меньшинствами, – желательно имеющие опыт в области человеческого измерения, которые могли бы беспристрастно выполнять свои функции.

Эксперты назначаются на срок от трех до шести лет по усмотрению назначающего государ- ства, при этом ни один эксперт не может выполнять свои функции более двух сроков под- ряд. В течение четырех недель после уведомления институтом СБСЕ о назначении любое государство-участник может сделать оговорки в отношении не более чем двух экспертов, подлежащих назначению другим государством-участником. В этом случае назначающее государство может в течение четырех недель с момента уведомления об этих оговорках пересмотреть свое решение и назначить другого эксперта или экспертов; если же оно под- твердит первоначально намеченное назначение, то соответствующий эксперт не может

* Решение относительно такого института будет принято Советом.

19 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

принимать участие в каких-либо процедурах в отношении сделавшего оговорку государ- ства без прямого согласия такого государства.

Использование списка кандидатов начинается после назначения 45 экспертов.

(4) Государство-участник может воспользоваться помощью миссии СБСЕ в составе до трех экспертов для рассмотрения или содействия решению на его территории вопросов, отно- сящихся к человеческому измерению СБСЕ. В этом случае государство выбирает из спи- ска кандидатов соответствующее лицо или лиц. В миссию экспертов не могут включаться собственные граждане или резиденты этого государства-участника, любые предложенные им в список кандидатов лица или же более одного гражданина или резидента любого кон- кретного государства.

Приглашающее государство без задержек информирует институт СБСЕ об образовании миссии экспертов, который в свою очередь уведомляет все государства-участники. Инсти- туты СБСЕ в необходимых случаях также оказывают такой миссии надлежащую поддержку.

(5) Целью миссии экспертов является содействие решению конкретного вопроса или про- блемы, относящихся к человеческому измерению СБСЕ. Такая миссия может собирать информацию, необходимую для выполнения ее задач, и в надлежащих случаях использо- вать добрые и посреднические услуги для содействия диалогу и сотрудничеству между заин- тересованными сторонами. Соответствующее государство четко согласовывает с миссией ее полномочия и таким образом может возлагать на миссию экспертов выполнение любых дополнительных функций, в частности установление фактов и консультативное обслужи- вание, в целях рекомендации путей и средств содействия соблюдению обязательств СБСЕ.

(6) Приглашающее государство в полной мере сотрудничает с миссией экспертов и облегчает ее работу. Оно создает для миссии все необходимые условия для независимого осуществле- ния ею своих функций. Оно, в частности, без задержек предоставляет миссии для выполне- ния ею своих задач возможность въехать на свою территорию, проводить там обсуждения и свободно передвигаться по ней, беспрепятственно встречаться с должностными лицами, неправительственными организациями и любыми группами или лицами, от которых она захочет получить информацию. Миссия может также конфиденциально получать инфор- мацию от любого лица, группы или организации по рассматриваемым ею вопросам. Члены такой миссии соблюдают конфиденциальный характер своей задачи.

Государства-участники воздерживаются от любых действий против лиц, организаций или институтов из-за их контактов с миссией экспертов или любой переданной ей открытой информации. Приглашающее государство выполняет любые просьбы миссии экспертов относительно сопровождения ее должностными лицами этого государства, если миссия сочтет это необходимым для облегчения своей работы или обеспечения своей безопасности.

(7) Миссия экспертов как можно скорее представляет свои соображения приглашающему государству, желательно в течение трех недель после образования миссии. Приглашающее государство направляет соображения миссии наряду с изложением любых мер, которые оно приняло или намеревается принять по этому вопросу, другим государствам-участникам через институт СБСЕ не позднее чем через две недели после представления соображений.

Эти соображения и любые замечания приглашающего государства могут обсуждаться Коми- тетом старших должностных лиц, который может рассмотреть вопрос о любых возможных последующих мерах. Конфиденциальный характер соображений и замечаний сохраняется

20 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

до тех пор, пока они не будут доведены до сведения старших должностных лиц. До распро- странения соображений и любых замечаний, по тому же вопросу не может быть назначена другая миссия экспертов. 2 (8) Кроме того, одно или несколько государств-участников, осуществившие пункты 1 или 2 механизма человеческого измерения, могут запросить институт СБСЕ выяснить у другого государства-участника, согласно ли оно пригласить миссию экспертов для рассмотрения на своей территории конкретного четко определенного вопроса, относящегося к человече- скому измерению СБСЕ. Если другое государство-участник соглашается пригласить мис- сию экспертов для указанной цели, то применяется процедура, изложенная в пунктах 4-7.

(9) Если какое-либо государство-участник (а) направило запрос в соответствии с пунктом 8 другому государству-участнику и это государство не образовало миссию экспертов в тече- ние десяти дней после поступления запроса или (b) считает, что рассматриваемый вопрос не был разрешен в результате направления миссии экспертов, оно может при поддержке не менее пяти других государств-участников приступить к формированию миссии в составе до трех докладчиков СБСЕ. Такое решение направляется институту СБСЕ, который без задер- жек уведомляет соответствующее государство, а также все другие государства-участники.

(10) Запрашивающее государство или государства могут назначить одного человека из списка кандидатов для выполнения функции докладчика СБСЕ. Запрашиваемое госу- дарство может, если оно примет такое решение, в течение шести дней после уведомления институтом СБСЕ о назначении докладчика, назначить из списка кандидатов еще одного докладчика. В этом случае оба назначенных докладчика, которые не могут быть гражда- нами или резидентами любого из соответствующих государств, а также лицами, предло- женными этими государствами в список кандидатов, по общему согласию без задержек назначают из списка кандидатов третьего докладчика. Если в течение восьми дней они не достигнут согласия, третий докладчик, который не может быть гражданином или рези- дентом любого из соответствующих государств или предложенным ими в список кандида- тов лицом, назначается из списка кандидатов высшим должностным лицом органа СБСЕ, назначенного Советом. Положения второй части пункта 4 и всего пункта 6 применяются также к миссии докладчиков.

(11) Докладчик(и) СБСЕ устанавливают факты, составляют по ним доклад и могут давать рекомендации относительно возможных решений поднятого вопроса. Доклад докладчика (докладчиков), содержащий изложение фактов, предложения или рекомендации, представ- ляется соответствующему государству-участнику или соответствующим государствам-у- частникам и, если все соответствующие государства не договорятся об ином, институту СБСЕ не позднее чем через две недели после назначения последнего докладчика. Запра- шиваемое государство представляет институту СБСЕ любые соображения по докладу, если все соответствующие государства не договорятся об ином, не позднее чем через две недели после его представления.

Институт СБСЕ без задержек направляет доклад, а также любые соображения запрашива- емого или любого другого государства-участника всем государствам-участникам. Вопрос о докладе будет включен в повестку дня следующего очередного заседания Комитета стар- ших должностных лиц или Постоянного комитета СБСЕ, которые могут принять решение о любых возможных последующих действиях. Конфиденциальный характер доклада сохра- няется до завершения этого заседания Комитета. До распространения доклада, по тому же вопросу не может быть назначено других докладчиков.

21 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

(12) Если какое-либо государство-участник сочтет, что в другом государстве-участнике выполнение положений, относящихся к человеческому измерению СБСЕ, находится под особо серьезной угрозой, оно может при поддержке не менее девяти других государств-у- частников использовать процедуру, установленную в пункте 10. В этом случае будут при- меняться положения пункта 11.

(13) По просьбе любого государства-участника Комитет старших должностных лиц или Постоянный комитет СБСЕ может постановить образовать миссию экспертов или доклад- чиков СБСЕ. В этом случае Комитет также определяет, будут ли применяться соответству- ющие положения предшествующих пунктов.

(14) Государство-участник или государства-участники, обратившиеся с просьбой об обра- зовании миссии экспертов или докладчиков, оплачивают расходы этой миссии. В случае назначения экспертов или докладчиков во исполнение решения Комитета старших долж- ностных лиц или Постоянного комитета СБСЕ расходы оплачиваются государствами-участ- никами в соответствии с обычной шкалой распределения расходов. Обзор этих процедур будет произведен на Хельсинкской встрече в рамках дальнейших шагов СБСЕ.

(15) Ничто из вышеизложенного никоим образом не затрагивает права государств-участ- ников поднимать в рамках процесса СБСЕ любые вопросы, относящиеся к выполнению любых обязательств СБСЕ, в том числе любых обязательств, относящихся к человеческому измерению СБСЕ.

(16) При рассмотрении вопроса о применении изложенных в пунктах 9 и 10 или 12 проце- дур в отношении какого-либо лица государства-участники должны надлежащим образом выяснить, не рассматривается ли уже дело такого лица в рамках какой-либо международ- ной судебной процедуры.

Прага, 1992 г. (Документ о дальнейшем развитии институтов и структур СБСЕ: III. Человеческое измерение)

14. Бюро по демократическим институтам и правам человека предназначено служить в каче- стве института СБСЕ, которому поручаются задачи, связанные с миссиями экспертов и докладчиков в соответствии с Документом Московского совещания Конференции по человеческому измерению СБСЕ.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

(5) Действуя под общим руководством КСДЛ (…) БДИПЧ в качестве главного института в области человеческого измерения, будет: (5a) оказывать помощь в наблюдении за выполнением обязательств в области человеческого измерения следующим образом: • выступая в качестве места проведения двусторонних встреч в соответствии с пунктом 2, а также в качестве канала для обмена информацией в соответствии с пунктом 3 раз- дела по Механизму человеческого измерения, как он изложен в Итоговом документе Вен- ской встречи; (…) (5b) выступать в качестве центра информации:

22 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

• касающейся чрезвычайного положения, как это предусмотрено в пункте 28.10 Документа Московского совещания Конференции по человеческому измерению; (…) 2 (7) В целях приведения Механизма человеческого измерения в соответствие с существую- щими структурами и институтами СБСЕ государства-участники принимают следующее решение:

Любое из государств-участников, если оно считает это необходимым, может предоставить государствам-участникам через БДИПЧ, которое также может служить местом проведе- ния двусторонних встреч в соответствии с пунктом 2, либо по дипломатическим каналам информацию о ситуациях и случаях, ставших предметом запросов по пунктам 1 и 2 главы Итогового документа Венской встречи, озаглавленной «Человеческое измерение СБСЕ», или о результатах этих процедур. Такая информация может обсуждаться на встречах КСДЛ, совещаниях по рассмотрению выполнения, посвященных вопросам человеческого изме- рения, и конференциях по обзору (…)

Совещания по рассмотрению выполнения обязательств, посвященные вопросам челове- ческого измерения

(8) Процедуры, касающиеся покрытия расходов на миссии экспертов и докладчиков в рам- ках Механизма человеческого измерения, могут быть рассмотрены в свете накопленного опыта на следующей конференции по обзору.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

23 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

C. Контртеррористическая сеть

Маастрихт, 2003 г. (Решение № 6/03 Положение о контртеррористической сети ОБСЕ)

Совет министров,

постановляет создать Контртеррористическую сеть (КТС) ОБСЕ в соответствии с Положе- нием об этой сети, приведенным в приложении к настоящему Решению.

(Приложение к Решению № 6/03: Положение о Контртеррористической сети ОБСЕ)

Главной задачей Контртеррористической сети (КТС) ОБСЕ является содействие улучше- нию координации контртеррористических мер и передачи информации между государ- ствами-участниками ОБСЕ. В частности, она призвана укрепить связь между делегациями государств-участников, должностными лицами, ответственными за контртеррористиче- скую деятельность в столицах государств, и Антитеррористическим подразделением (АТП) ОБСЕ*. Сеть облегчает своевременный обмен информацией о программах борьбы с терро- ризмом, подготовке кадров и изменениях в правовой сфере, осуществляемых по инициа- тиве ОБСЕ и государств-участников, а также анализ полученной из открытых источников информации о тенденциях в области терроризма. Основное внимание будет уделяться поддержке и дополнению работы Контртеррористического комитета Совета Безопасно- сти Организации Объединенных Наций по выполнению резолюции 1373 Совета Безопас- ности. КТС не предназначена в качестве канала для передачи разведывательной или иной чувствительной информации, а также не претендует на то, чтобы дублировать функции других международных и региональных правоохранительных сетей.

Каждое правительство назначит основного ответственного за поддержание связи, кото- рый будет через делегацию своего государства в ОБСЕ выполнять функции основного контактного лица при взаимодействии с АТП по вопросам борьбы с терроризмом. Основ- ной ответственный за поддержание связи будет обеспечивать передачу поступающих от АТП сообщений соответствующим государственным органам в столице данного государ- ства и аналогичное своевременное информирование АТП и делегаций о соответствую- щих событиях в данном государстве-участнике. В интересах координации сообщения по каналам Контртеррористической сети, направляемые АТП основному ответственному за поддержание связи и наоборот, будут, как правило, передаваться через делегацию соответ- ствующего государства в ОБСЕ.

Обязанности АТП

1. Информировать государства-участники о возможности проведения двусторонних, а также многосторонних мероприятий по подготовке кадров в связи с вопросами борьбы с терро- ризмом и взаимодействовать с основными ответственными за поддержание связи в целях полного использования возможностей, предоставляемых такими программами.

* Контртеррористический комитет Организации Объединенных Наций поддерживает формирование таких региональных сетей в целях усиления сотрудничества и координации. Секретариатом Межаме- риканского комитета по борьбе с терроризмом (МКБТ) в рамках Организации американских государств уже создана региональная сеть национальных контактных пунктов, охватывающая западное полуша- рие. АТП с признательностью отмечает консультации и содействие, полученные от МКБТ в процессе создания Контртеррористической сети ОБСЕ.

24 2.2.4 Механизмы человеческого измерения и другие механизмы, имеющие отношение к данной сфере

2. Координировать и облегчать контртеррористическую деятельность ОБСЕ, включая программы помощи в наращивании потенциала, семинары-практикумы по подготовке персонала и повышению готовности к чрезвычайным ситуациям, в целях эффективного 2 использования ресурсов и во избежание дублирования.

3. Своевременно реагировать на информацию и просьбы о принятии мер, поступающие от основных ответственных за поддержание связи.

4. Обеспечивать, чтобы основные ответственные за поддержание связи полностью инфор- мировались через делегации о событиях, связанных с существенными вопросами борьбы с терроризмом, затрагивающими регион ОБСЕ, посредством регулярного распростране- ния по электронной почте информационного бюллетеня АТП и регулярного обновления веб-страницы АТП ОБСЕ.

5. Обеспечивать через соответствующую делегацию координацию действий с основным лицом, ответственным за поддержание связи, при поездке кого либо из должностных лиц АТП ОБСЕ в то или иное государство-участник в связи с вопросами, касающимися тер- роризма.

Обязанности основных ответственных за поддержание связи

1. Обеспечивать доведение сообщений АТП до соответствующих государственных учреж- дений, а также своевременную передачу ответов, адресованных АТП.

2. Предоставлять АТП информацию о существенных событиях в стране, связанных с мерами по борьбе с терроризмом, включая принятие нового контртеррористического законодатель- ства*, подготовку кадров и программы помощи в области борьбы с терроризмом и примеры имеющейся в странах «наилучшей практики».

3. Сообщать информацию о семинарах, практикумах и конференциях, имеющих отноше- ние к проблемам борьбы с терроризмом, которые могут проводиться государствами-участ- никами и которые открыты для участия внешних сторон.

4. Выступать в роли основного координатора при проведении семинаров, практикумов и конференций ОБСЕ на темы борьбы с терроризмом, в которых принимает участие назна- чившее данного основного ответственного государство-участник.

5. Выполнять от имени соответствующего государства-участника задачи координации, определения приоритетности и информирования в связи с его потребностями и запросами, касающимися профессиональной подготовки и помощи в области борьбы с терроризмом, по которым ОБСЕ могла бы оказать поддержку или содействие (…)

* Наиболее точную информацию о процессах ратификации АТП ОБСЕ черпает из официальных уведом- лений о ратификации, размещаемых на веб-сайтах депозитариев соответствующих международно-пра- вовых инструментов о борьбе с терроризмом.

25 2.3 Партнеры по выполнению

D. Другие механизмы

Прага, 1992 г. (Документ о дальнейшем развитии институтов и структур СБСЕ: IV. Защита прав человека, демократии и верховенства закона)

16. В целях дальнейшего развития способности СБСЕ защищать права человека, демокра- тию и верховенство закона мирными средствами Совет решил, что Советом или Комитетом старших должностных лиц могут быть, если необходимо – и без согласия соответствующего государства, в случаях явного, грубого и неисправленного нарушения соответствующих обязательств по СБСЕ предприняты надлежащие действия. Такие действия будут состо- ять из политических заявлений или иных политических шагов, которые будут делаться за пределами территории такого государства. Настоящее решение не нарушает существую- щие механизмы СБСЕ.

Хельсинки, 1992 г. (Решения: I. Укрепление институтов и структур СБСЕ)

(22) При решении вопросов, связанных с кризисом или конфликтом, действующий Пред- седатель может по собственному усмотрению назначить личного представителя с чет- ким и конкретным мандатом для обеспечения поддержки. Действующий Председатель будет информировать КСДЛ о намерении назначить личного представителя и о его ман- дате. В свои отчеты Совету/КСДЛ действующий Председатель будет включать информа- цию о деятельности личного представителя, а также любые замечания или рекомендации, представленные последним.

София, 2004 г. (Решение № 12/04 Толерантность и недискриминация)

Совет министров (…)

5. Приветствует намерение Действующего председателя назначить в соответствии с Реше- нием № 8 встречи Совета министров в Порту трех личных представителей в рамках общих усилий ОБСЕ по борьбе с дискриминацией и содействию толерантности. Расходы личных представителей будут оплачиваться из внебюджетных взносов.

2.3 Партнеры по выполнению

2.3.1 Правительства, правительственные органы и учреждения

[Государства-участники] (…) подтверждают, что правительства, учреждения, организации и люди могут играть соответствующую и положительную роль в содействии достижению этих целей их сотрудничества.

26 2.3.2 Правительства других стран и международные организации

Копенгаген, 1990 г. (Преамбула)

[Государства-участники] признают, что сотрудничество между ними, а также активное уча- 2 стие отдельных лиц, групп, организаций и учреждений существенно необходимы для обе- спечения постоянного продвижения к их общим целям.

Москва, 1991 г. (Преамбула)

Государства-участники (…) заявляют о своей решимости выполнять все свои обязатель- ства в области человеческого измерения и решать мирными средствами, индивидуально или совместно, любые связанные с ними вопросы на основе взаимного уважения и сотруд- ничества. В этом контексте они признают, что активное участие отдельных лиц, групп, организаций и учреждений исключительно важно для обеспечения постоянного продви- жения в этом направлении.

2.3.2 Правительства других стран и международные организации

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

7. Мы вновь подтверждаем, что руководящие принципы и общие ценности, изложенные в хельсинкском Заключительном акте и Парижской хартии, которые воплощают обяза- тельства государств друг перед другом и правительств перед своими народами, не утра- тили своей силы. Они отражают коллективную совесть нашего сообщества. Мы признаем свою ответственность друг перед другом за их выполнение. Мы подчеркиваем демократи- ческое право граждан требовать от своих правительств уважения этих ценностей и норм.

Хельсинки, 1992 г. (Решения: IV. Отношения с международными организациями, отношения с неучаствующими государствами, роль неправительственных организаций (НПО))

(1) (…) Для того чтобы усилия по созданию прочного мирного и демократического порядка и по регулированию процесса перемен увенчались успехом, необходим более упорядочен- ный и содержательный вклад со стороны групп, отдельных лиц, государств и организаций, находящихся за рамками процесса СБСЕ.

С этой целью государства-участники постановили следующее:

Отношения с международными организациями

(2) Государства-участники, вновь подтверждая провозглашенную ими приверженность Уставу Организации Объединенных наций, заявляют о своем понимании того факта, что СБСЕ представляет собой региональное соглашение по смыслу Главы VII Устава Органи- зации Объединенных Наций и таким образом обеспечивает важную связь между безопас- ностью в Европе и во всем мире (…)

(3) Ссылаясь на соответствующие решения Пражского документа, государства-участники будут улучшать связи и совершенствовать практическое сотрудничество с соответствую- щими международными организациями. (…)

27 2.3.2 Правительства других стран и международные организации

Отношения с неучаствующими средиземноморскими государствами

(7) С учетом положений Заключительного акта и других соответствующих документов СБСЕ и в соответствии со сложившейся практикой неучаствующим средиземноморским государ- ствам будет по-прежнему предлагаться вносить вклад в деятельность СБСЕ. (…)

Отношения с другими неучаствующими государствами

(9) (…) государства-участники намереваются углублять свое сотрудничество и развивать прочные связи с неучаствующими государствами ... проявляющими интерес к СБСЕ, под- держивающими его принципы и цели и активно участвующими в европейском сотрудни- честве в рамках соответствующих организаций.

Лиссабон, 1996 г. (Декларация о модели общей и всеобъемлющей безопасности для Европы XXI века)

5. Мы признаем, что в ОБСЕ государства (…) несут друг перед другом ответственность за выполнение своих обязательств в рамках Организации.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

14. (…) Сегодня мы берем на себя обязательство предпринимать как в ОБСЕ, так и через организации, членами которых мы являемся, основанные на сотрудничестве совместные меры, с тем, чтобы предлагать государствам-участникам помощь в улучшении соблюдения ими принципов и выполнения обязательств, принятых в рамках ОБСЕ. Мы будем укреплять существующие и разрабатывать новые инструменты, основанные на сотрудничестве, с тем чтобы эффективно откликаться на просьбы государств-участников об оказании помощи (…)

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

Сотрудничество с другими международными организациями и институтами

52. (…) Взаимодействие ОБСЕ с другими организациями и институтами базируется на Платформе безопасности, основанной на сотрудничестве. В рамках этой Платформы госу- дарства-участники обязались стремиться поддерживать согласованность действий на поли- тическом и оперативном уровне между всеми структурами, занимающимися вопросами безопасности, как при реагировании на конкретные угрозы, так и при выработке мер в ответ на новые угрозы и вызовы (…)

53. Наше сотрудничество с другими организациями и институтами на данном этапе вклю- чает политический диалог, координацию и упорядоченное сотрудничество по тематиче- ским и региональным вопросам в различных частях региона ОБСЕ на базе наших общих ценностей и целей (…)

54. ОБСЕ стремится расширить отношения со всеми организациями и институтами, зани- мающимися укреплением всеобъемлющей безопасности в регионе ОБСЕ (…)

28 2.3.2 Правительства других стран и международные организации

Астана, 2010 г.

3. (…) Мы далее вновь подтверждаем, что все без исключения принципы и обязательства, 2 принятые в рамках ОБСЕ, в равной мере распространяются на каждое государство-участ- ник, и подчеркиваем свою (…) ответственность друг перед другом в том, что касается их выполнения в полном объеме. (…) (…)

10. Мы признаем, что безопасность региона ОБСЕ неразрывно связана с безопасностью сосед- них регионов, особенно в Средиземноморье и Азии. Поэтому нам следует повысить уровень взаимодействия с нашими партнерами по сотрудничеству. В частности, мы подчеркиваем необходимость внесения эффективного вклада – с учетом возможностей и национальных интересов каждого государства-участника – в коллективные усилия международного сооб- щества по содействию строительству стабильного, независимого, процветающего и демо- кратического Афганистана.

Вильнюс, 2011 г. (Решение № 5/11 Партнеры по сотрудничеству)

Совет министров, (…)

будучи абсолютно убежден, что безопасность региона ОБСЕ неразрывно связана с безо- пасностью в регионах партнеров по сотрудничеству, и вновь подтверждая обязательство активизировать свой диалог и сотрудничество со средиземноморскими и азиатскими пар- тнерами по сотрудничеству и укреплять свой потенциал, чтобы отвечать на определенные партнерами потребности и приоритеты на основе норм, принципов и обязательств, при- нятых в ОБСЕ,

признавая демократические переходные процессы, политические, экономические и соци- альные изменения, произошедших в некоторых странах – средиземноморских партнерах в 2011 году,

одобряя процессы добровольных реформ, осуществляемых некоторыми странами – сре- диземноморскими партнерами,

признавая, что каждая страна является отличной от других и имеет право развивать свою собственную политическую модель в соответствии со всеобщими ценностями прав чело- века и достоинства человеческой личности,

признавая, что опыт ОБСЕ в различных областях может представлять интерес и быть потен- циально полезным для партнеров, и при этом полностью принимая во внимание их главную ответственность за свой национальный политический выбор, а также их особое полити- ческое, социальное, культурное и религиозное наследие, и в соответствии с их потребно- стями, целями и национальными приоритетами,

вновь подтверждая готовность ОБСЕ (…) оказывать, по мере необходимости, партнерам по сотрудничеству помощь в добровольном соблюдении ими принятых в ОБСЕ норм, прин- ципов и обязательств,

29 2.3.2 Правительства других стран и международные организации

признавая важную роль, которую гражданское общество играет в странах – партнерах по сотрудничеству в продвижении демократии, верховенства права и полного уважения прав человека и основных свобод,

приветствуя достигнутый в последние годы прогресс в рамках диалога и сотрудничества с нашими средиземноморскими и азиатскими партнерами по сотрудничеству, в том числе их растущее участие в совещаниях и мероприятиях ОБСЕ, включая осуществление кон- кретных совместных проектов, (…)

вновь заявляя о поддержке сотрудничества Парламентской ассамблеи ОБСЕ с партнерами, в том числе путем проведения ее ежегодного парламентского форума по Средиземномо- рью, и принимая во внимание работу, проделанную в этом отношении Парламентской ассамблеей ОБСЕ,

1. Постановляет и далее углублять партнерство по сотрудничеству путем расширения диа- лога, активизации политических консультаций, укрепления практического сотрудниче- ства и продолжения обмена примерами передовой практики и опытом, приобретенным в процессе повышения всеобъемлющей, основанной на сотрудничестве и неделимой без- опасности в рамках трех измерений ОБСЕ согласно потребностям и приоритетам, опре- деленным партнерами;

2. Призывает исполнительные структуры ОБСЕ (…) участвовать в ориентированном на принятие конкретных мер сотрудничестве со странами-партнерами в рамках всех трех измерений с учетом также ежегодных конференций партнеров, предоставляя, когда это необходимо, по запросу партнеров экспертные рекомендации и информацию о передовой практике и опыте, исходя из соответствующих решений ОБСЕ, и предлагает партнерам повысить уровень своего участия в деятельности ОБСЕ;

3. Постановляет (…), по мере необходимости, активизировать усилия по ознакомлению с принятыми в ОБСЕ нормами, принципами и обязательствами путем контактов и при координации с другими соответствующими региональными и международными органи- зациями, в частности с Организацией Объединенных Наций, а именно путем обмена при- мерами передовой практики и опытом, а также путем осуществления совместных проектов и мероприятий в рамках всех трех измерений;

4. Призывает ОБСЕ (…) укреплять и продолжать совершенствовать регулярный диалог с партнерами по сотрудничеству на высоком уровне с целью повышения взаимопонимания и обеспечения партнерам по сотрудничеству политической поддержки и помощи высокого уровня с учетом их потребностей и приоритетов;

5. Рекомендует ОБСЕ (…) содействовать обеспечению более широкого участия должност- ных лиц и представителей гражданского общества партнеров по сотрудничеству в соответ- ствующих мероприятиях ОБСЕ, в том числе, в случае необходимости, путем использования Фонда партнерства;

6. Поручает Генеральному секретарю на основании консультаций с Председательством ОБСЕ изучить возможные варианты сотрудничества с партнерами, ориентированного на принятие конкретных мер и основанного на достижении конкретных результатов, при координации действий с Организацией Объединенных Наций и другими соответствую- щими региональными и международными организациями и институтами и представить,

30 2.3.3 Частные лица, правозащитники и неправительственные организации

при необходимости, предложения относительно дальнейших шагов со стороны Постоян- ного совета; 2 7. Просит Постоянный совет продолжать заниматься этим вопросом и рассмотреть возмож- ности будущего взаимодействия с партнерами по сотрудничеству по их запросу;

8. Призывает государства-участники и партнеров по сотрудничеству обмениваться своим опытом и содействовать деятельности ОБСЕ во всех трех измерениях, в том числе, при необходимости, путем внесения взносов в Фонд партнерства с целью обеспечения даль- нейшего взаимодействия с партнерами по сотрудничеству;

9. Вновь подтверждает свою открытость для рассмотрения будущих возможных заявлений о партнерстве со стороны заинтересованных стран (…).

Белград, 2015 г. (Декларация министров о предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им)

16. Предложить партнерам по сотрудничеству ОБСЕ активно взаимодействовать с нами с целью углубления нашего диалога и сотрудничества в предупреждении насильствен- ного экстремизма и радикализации, ведущих к терроризму, и противодействии им, уважая и защищая в этом контексте права человека и основные свободы, предупреждая прояв- ления и противодействуя проявлениям нетерпимости и дискриминации, в том числе на основе религии или убеждений, ксенофобии и насилия, а также в поощрении межконфес- сионального, межрелигиозного и межкультурного диалога (…), и рекомендовать партнерам по сотрудничеству и далее эффективно использовать принятые в ОБСЕ принципы, нормы и обязательства, а также ее соответствующий инструментарий;

Гамбург, 2016 г. (Решение № 5/16 Усилия ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий)

11. Предлагает партнерам ОБСЕ по сотрудничеству активизировать диалог на тему об уси- лиях по сокращению рисков возникновения конфликтов в результате использования инфор- мационных и коммуникационных технологий.

2.3.3 Частные лица, правозащитники и неправительственные организации

Государства-участники признают всеобщее значение прав человека и основных свобод (…) Они подтверждают право лиц знать свои права и обязанности в этой области и поступать в соответствии с ними. (…)

Они подтверждают, что (…) организации и люди могут играть соответствующую и поло- жительную роль в содействии достижению этих целей их сотрудничества.

31 2.3.3 Частные лица, правозащитники и неправительственные организации

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

[Государства-участники] напоминают о праве лиц знать свои права и обязанности в области прав человека и основных свобод и поступать в соответствии с ними, как оно воплощено в Заключительном акте, и будут принимать необходимые меры в своих странах в целях эффективного обеспечения этого права.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(12) [Государства-участники] выражают свою решимость гарантировать эффективное осу- ществление прав человека и основных свобод (…)

(13) В этой связи они будут: (…) (13.3) публиковать и распространять тексты Заключительного акта, мадридского Итогового документа и настоящего Документа, а также тексты любых соответствующих международ- ных инструментов в области прав человека с целью обеспечить наличие этих документов в их полном виде, возможно более широкое ознакомление с ними и доступ к ним всех лиц в своих странах, в частности через сеть публичных библиотек; (13.4) эффективно обеспечивать право лиц знать свои права и обязанности в этой области и поступать в соответствии с ними, и с этой целью публиковать и делать доступными все законы, административные правила и процедуры, относящиеся к правам человека и основ- ным свободам; (13.5) уважать право своих граждан, самостоятельно или совместно с другими, вносить активный вклад в развитие и защиту прав человека и основных свобод; (13.6) поощрять обсуждение в школах и других учебных заведениях вопросов развития и защиты прав человека и основных свобод; (…) (13.8) обеспечивать, чтобы ни лицо, осуществляющее, выражающее намерение осуществить или стремящееся осуществить эти права и свободы, ни кто-либо из членов его семьи не были вследствие этого подвергнуты дискриминации в какой-либо форме; (13.9) обеспечивать, чтобы эффективные средства правовой защиты, а также полная инфор- мация о них были доступны тем, кто заявляет, что их права человека и основные свободы были нарушены; они будут, в частности, эффективно применять следующие средства пра- вовой защиты: • право лица апеллировать к исполнительным, законодательным, судебным или админи- стративным органам; • право на справедливое и публичное разбирательство в разумные сроки в независимом и беспристрастном суде, включая право выдвигать юридическую аргументацию и быть представленным адвокатом по своему выбору; • право быть быстро и официально уведомленным о решении, принятом по любой апел- ляции, включая юридические основания, на которых основывалось решение. Эта инфор- мация будет предоставляться, как правило, в письменной форме и во всяком случае так, чтобы позволить лицу эффективно воспользоваться другими доступными средствами правовой защиты. (…)

32 2.3.3 Частные лица, правозащитники и неправительственные организации

(26) (…) С этой целью они будут уважать право лиц наблюдать за осуществлением и спо- собствовать выполнению положений документов СБСЕ и присоединяться к другим с этой целью. Они будут облегчать прямые контакты и связи между этими лицами, организаци- 2 ями и учреждениями внутри государств-участников и между государствами-участниками и устранять, там где они существуют, законодательные и административные препятствия, не совместимые с положениями документов СБСЕ. Они будут также принимать эффектив- ные меры с целью облегчения доступа к информации о выполнении положений докумен- тов СБСЕ и облегчения свободного выражения взглядов по этим вопросам.

Копенгаген, 1990 г.

[Государства-участники] признают, что сотрудничество между ними, а также активное уча- стие отдельных лиц, групп, организаций и учреждений существенно необходимы для обе- спечения постоянного продвижения к их общим целям. (…)

(10) Подтверждая свое обязательство эффективно обеспечивать право отдельного лица знать права человека и основные свободы и поступать в соответствии с ними и самосто- ятельно или совместно с другими вносить активный вклад в их развитие и защиту, госу- дарства-участники заявляют о своем обязательстве: (10.1) уважать право каждого самостоятельно или совместно с другими запрашивать, полу- чать и передавать свободно мнения и информацию о правах человека и основных свободах, включая право распространять и публиковать такие мнения и информацию; (10.2) уважать право каждого самостоятельно или совместно с другими изучать и обсуж- дать вопросы соблюдения прав человека и основных свобод и готовить и обсуждать сооб- ражения относительно улучшения защиты прав человека и более совершенных средств обеспечения соблюдения международных стандартов в области прав человека; (10.3) обеспечивать, чтобы отдельным лицам было разрешено осуществлять право на ассо- циацию, включая право создавать, присоединяться и эффективно участвовать в деятель- ности неправительственных организаций, которые стремятся поощрять и защищать права человека и основные свободы, включая профсоюзы и группы по наблюдению за соблюде- нием прав человека; (10.4) разрешать членам таких групп и организаций иметь беспрепятственный доступ и под- держивать связь с подобными органами в своих странах и за их пределами и с международ- ными организациями, обмениваться мнениями, поддерживать контакты и сотрудничать с такими группами и организациями и испрашивать, получать и использовать с целью поощрения и защиты прав человека и основных свобод добровольные финансовые взносы из национальных и международных источников, как это предусматривается законом.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы напоминаем о важной роли, которую неправительственные организации, религиоз- ные и иные группы и отдельные лица играют в достижении целей СБСЕ, и будем и впредь содействовать их деятельности, направленной на осуществление государствами-участ- никами обязательств по СБСЕ. Для выполнения своей важной задачи эти организации, группы и отдельные лица должны быть надлежащим образом вовлечены в деятельность и новые структуры СБСЕ.

33 2.3.3 Частные лица, правозащитники и неправительственные организации

Москва, 1991 г.

(43) Государства-участники будут признавать в качестве НПО организации, объявившие себя таковыми, согласно соответствующим национальным процедурам, и будут содейство- вать созданию условий для свободной деятельности таких организаций на своих террито- риях; в этих целях они будут (43.1) стремиться изыскивать возможности для дальнейшего улучшения условий для кон- тактов и обменов мнениями между НПО и соответствующими национальными органами и государственными учреждениями; (43.2) стремиться содействовать посещению их стран неправительственными организа- циями любого государства-участника с целью наблюдения за условиями в области чело- веческого измерения; (43.3) приветствовать деятельность НПО, включая, в частности, проверку выполнения обя- зательств в рамках СБСЕ в области человеческого измерения; (43.4) предоставлять НПО возможность, ввиду их важной роли в рамках человеческого измерения СБСЕ, доводить свои мнения до их собственных правительств и правительств всех других государств-участников во время будущей деятельности СБСЕ в области чело- веческого измерения. (43.5) Во время будущей деятельности СБСЕ в области человеческого измерения НПО будет предоставлена возможность распространять письменные вклады по конкретным пробле- мам человеческого измерения СБСЕ среди всех делегаций. (43.6) Секретариат СБСЕ в пределах имеющихся у него ресурсов будет удовлетворять просьбы НПО относительно предоставления им документов СБСЕ общего распространения.

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

(1) (…) Для того чтобы усилия по созданию прочного мирного и демократического порядка и по регулированию процесса перемен увенчались успехом, необходим более упорядоченный

34 2.3.3 Частные лица, правозащитники и неправительственные организации

и содержательный вклад со стороны групп, отдельных лиц, государств и организаций, нахо- дящихся за рамками процесса СБСЕ. 2 С этой целью государства-участники постановили следующее: (…)

Увеличение транспарентности в деятельности СБСЕ, содействие пониманию деятельно- сти СБСЕ, усиление роли НПО

(12) Государства-участники будут увеличивать транспарентность институтов и структур СБСЕ и обеспечивать широкое распространение информации об СБСЕ. (…)

(14) Государства-участники будут создавать возможности для более активного участия неправительственных организаций в деятельности СБСЕ.

(15) Они будут соответственно: • применять ко всем встречам СБСЕ ранее согласованные руководящие принципы, каса- ющиеся доступа НПО на определенные встречи СБСЕ; • предоставлять НПО доступ на все пленарные заседания конференций по обзору, семи- нары, практикумы и встречи БДИПЧ, заседания КСДЛ в тех случаях, когда он собирается как Экономический форум, а также на совещания по рассмотрению выполнения обяза- тельств в области прав человека и другие совещания экспертов. Кроме того, на каждой встрече может быть принято решение о допуске НПО на некоторые другие заседания; • давать указания директорам институтов СБСЕ и исполнительным секретарям встреч СБСЕ назначать из числа своих сотрудников «ответственного за связь с НПО»; • назначать по мере необходимости одного из сотрудников своих министерств иностранных дел и одного из членов своих делегаций на встречах СБСЕ ответственными за связь с НПО; • развивать контакты и обмены мнениями между НПО и соответствующими националь- ными органами и правительственными учреждениями в период между встречами СБСЕ; • способствовать проведению заседаний для неофициальных обсуждений между предста- вителями государств-участников и НПО во время встреч СБСЕ; • поощрять направление письменных представлений НПО институтам и встречам СБСЕ, названия которых могут сохраняться и предоставляться по запросу государствам-у- частникам; • оказывать поддержку НПО, организующим семинары по вопросам, связанным с СБСЕ; • уведомлять НПО через институты СБСЕ о сроках будущих встреч СБСЕ, указывая, в тех случаях, когда это возможно, предлагаемые для обсуждения вопросы, и предоставляя, при наличии запроса, информацию о случаях задействования механизмов СБСЕ, дове- денных до сведения всех государств-участников.

(16) Приведенные выше положения не будут применяться к тем лицам или организациям, которые применяют насилие, а также открыто поощряют терроризм или применение наси- лия.

35 2.3.3 Частные лица, правозащитники и неправительственные организации

(17) Государства-участники будут использовать все соответствующие средства для макси- мально возможно широкого распространения в рамках своих обществ знаний об СБСЕ, его принципах, обязательствах и деятельности.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

18. Государства участники подчеркивают (…) необходимость защиты тех, кто отстаивает права человека, и с заинтересованностью ожидают доработки и принятия в рамках ООН декларации о праве и обязанности лиц, групп и общественных органов укреплять и отста- ивать общепризнанные права человека и основные свободы.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

27. Неправительственные организации (НПО) могут играть чрезвычайно важную роль в содействии утверждению прав человека, демократии и верховенства закона. Они являются неотъемлемой составляющей сильного гражданского общества. Мы обязуемся расширять имеющиеся у НПО возможности вносить свой полновесный вклад в дальнейшее развитие гражданского общества и обеспечение прав человека и основных свобод.

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) (…)

Мы признаем, что полнее всего права человека соблюдаются в демократическом обще- стве, где процесс принятия решений проходит с максимальной транспарентностью и при широком участии населения. Мы поддерживаем плюралистическое гражданское общество и поощряем партнерские отношения между различными заинтересованными сторонами в деле поощрения и защиты прав человека. (…)

Астана, 2010 г.

6. (…) Мы ценим важную роль, которую играют гражданское общество и свободные СМИ, помогая нам в полном объеме обеспечить уважение прав человека, основных свобод, демо- кратии, включая свободные и честные выборы, и верховенства права.

Вильнюс, 2011 г.

(…) признавая важную роль, которую гражданское общество играет в странах – партне- рах по сотрудничеству в продвижении демократии, верховенства права и полного уваже- ния прав человека и основных свобод, (…)

36 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению 2 Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

14. (…) Мы в индивидуальном порядке подтверждаем свое желание полностью выполнять принятые нами обязательства. Мы также несем совместную ответственность за то, чтобы отстаивать принципы ОБСЕ. Поэтому мы преисполнены решимости сотрудничать в рам- ках ОБСЕ, а также с ее институтами и представителями ... Мы будем в духе солидарности и партнерства сотрудничать на постоянной основе при рассмотрении вопросов выполнения.

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

Реакция ОБСЕ

20. ОБСЕ будет продолжать играть активную роль в своем регионе, в полной мере исполь- зуя свои институты – Бюро по демократическим институтам и правам человека (БДИПЧ), Верховного комиссара по делам национальных меньшинств (ВКНМ) и Представителя по вопросам свободы средств массовой информации (ПССМИ), – свои операции на местах и свой Секретариат. Они являются важными инструментами содействия всем государ- ствам-участникам в выполнении их обязательств, включая уважение прав человека, демо- кратии и верховенства закона. В ходе всей соответствующей деятельности будут активно использоваться возможности укрепления сотрудничества с Парламентской ассамблеей и через нее – с национальными парламентами.

Астана, 2010 г.

5. (…) Мы подчеркиваем важность работы, проводимой Секретариатом ОБСЕ, Верховным комиссаром по делам национальных меньшинств, Бюро по демократическим институтам и правам человека и Представителем по вопросам свободы СМИ, а также структурами ОБСЕ на местах – в соответствии с их мандатами – в деле оказания государствам-участ- никам содействия в выполнении обязательств, принятых в рамках ОБСЕ. Мы исполнены решимости активизировать сотрудничество с Парламентской ассамблеей ОБСЕ и поощ- ряем ее усилия по укреплению безопасности и демократии и повышению благосостояния во всем регионе ОБСЕ и в государствах-участниках, а также по повышению взаимного дове- рия между государствами-участниками. (…)

A. Бюро по демократическим институтам и правам человека (БДИПЧ)

I. Основной мандат, включая дополнительные общие задачи

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы принимаем решение создать в Варшаве Бюро по свободным выборам для содействия контактам и обмену информацией о выборах в государствах-участниках.

37 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Париж, 1990 г. (Дополнительный документ об осуществлении определенных положений, содержащихся в Парижской хартии для новой Европы)

G. Бюро по свободным выборам

1. Функции Бюро по свободным выборам будут заключаться в содействии контактам и обмену информацией о выборах в государствах-участниках. Таким образом Бюро будет способствовать выполнению пунктов 6, 7 и 8 Документа Копенгагенского совещания Кон- ференции по человеческому измерению СБСЕ (соответствующие положения содержатся в приложении I).

2. С этой целью Бюро будет: • собирать информацию, в том числе информацию, предоставляемую компетентными орга- нами государств-участников, о времени проведения, процедуре и официальных резуль- татах запланированных национальных выборов в государствах-участниках, а также сообщения групп наблюдателей за выборами и предоставлять их по соответствующей просьбе правительствам, парламентам и заинтересованным частным организациям; • оказывать содействие контактам между правительствами, парламентами или частными организациями, желающими принять участие в наблюдении за выборами, и компетент- ными органами государств, в которых должны состояться выборы; • организовывать по просьбе государств-участников семинары или другие встречи, каса- ющиеся процедуры выборов и демократических институтов, и служить местом их про- ведения.

3. Бюро будет принимать во внимание деятельность других учреждений в этой области и сотрудничать с ними.

4. Бюро будет выполнять и другие задачи, порученные ему Советом.

Приложение 1 (Копенгаген, 1990 г.)

(6) Государства-участники заявляют, что воля народа, выражаемая свободно и честно в ходе периодических и подлинных выборов, является основой власти и законности любого прави- тельства. Государства-участники соответственно уважают право своих граждан принимать участие в управлении страной непосредственно или через представителей, избираемых ими свободно в ходе честного избирательного процесса. Они признают свою ответственность за защиту и охрану в соответствии со своими законами, своими обязательствами по меж- дународному праву в области прав человека и своими международными обязательствами свободно установленный путем волеизъявления народа демократический порядок от дея- тельности отдельных лиц, групп или организаций, которые используют или отказываются отвергнуть терроризм или насилие, направленные на свержение этого порядка или такого порядка в другом государстве-участнике.

38 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(7.3) гарантируют взрослым гражданам всеобщее и равное избирательное право; (7.4) обеспечивают, чтобы голосование проводилось тайно или применялась равноценная процедура свободного голосования и чтобы подсчет голосов и сообщение о нем были чест- 2 ными, а официальные результаты были опубликованы; (7.5) уважают право граждан добиваться политических или государственных постов в лич- ном качестве или в качестве представителей политических партий или организаций без дискриминации; (7.6) уважают право отдельных лиц и групп лиц создавать в условиях полной свободы свои политические партии или другие политические организации и предоставляют таким поли- тическим партиям и организациям необходимые юридические гарантии, позволяющие им соревноваться друг с другом на основе равенства перед законом и органами власти; (7.7) обеспечивают, чтобы закон и государственная политика допускали проведение полити- ческих кампаний в атмосфере свободы и честности, в которой никакие административные действия, насилие или запугивание не удерживали бы партии и кандидатов от свободного изложения своих взглядов и оценок, а также не мешали бы избирателям знакомиться с ними и обсуждать их или голосовать свободно, не опасаясь наказания; (7.8) обеспечивают, чтобы не устанавливались какие-либо юридические или администра- тивные барьеры для беспрепятственного доступа к средствам массовой информации на недискриминационной основе для всех политических группировок и отдельных лиц, жела- ющих принять участие в избирательном процессе; (7.9) обеспечивают, чтобы кандидаты, получившие необходимое число голосов, определен- ное законом, надлежащим образом вступали в должность и могли оставаться в должно- сти до истечения срока своих полномочий или до их прекращения иным образом, который регулируется законом в соответствии с демократическими парламентскими и конституци- онными процедурами.

Прага, 1992 г. (Документ о дальнейшем развитии институтов и структур СБСЕ: III. Человеческое измерение)

9. В целях расширения практического сотрудничества между государствами-участниками в области человеческого измерения министры решили придать дополнительные функции Бюро по свободным выборам, которое будет отныне именоваться Бюро по демократиче- ским институтам и правам человека.

10. Под общим руководством Комитета старших должностных лиц, Бюро, в частности, сле- дует: • организовывать краткую встречу СБСЕ в месте расположения Бюро по демократиче- ским институтам и правам человека для рассмотрения хода выполнения обязательств

39 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

по человеческому измерению СБСЕ каждый год, в котором не проходит встреча в рам- ках дальнейших шагов (…) • служить в качестве институционной основы для взаимного использования и обмена информацией о имеющейся в наличии технической помощи, опыта и национальных и международных программах, направленных на оказание помощи новым демократиям в становлении их институтов; • способствовать контактам между теми, кто предлагает такие ресурсы и теми, кто хочет их использовать; • наладить сотрудничество с Советом Европы с целью использования его базы данных о таких ресурсах и услугах; • устанавливать контакты с неправительственными организациями, действующими в обла- сти становления демократических институтов, с тем чтобы дать возможность заинтере- сованным государствам-участникам использовать их обширные ресурсы и опыт; • содействовать сотрудничеству в области профессиональной подготовки и обучения по дисциплинам, имеющим отношение к демократическим институтам; • организовывать совещания и семинары с участием всех государств-участников по вопро- сам, связанным со становлением и возрождением работы демократических институтов, такие как короткий семинар по свободным средствам массовой информации в подходя- щие сроки, а также один семинар по вопросам миграции. Такие совещания и семинары будут проведены в Варшаве, если не будет принято иного решения.

11. С тем чтобы избежать дублирования в работе, в особенности в вышеперечисленных областях, министры поручили Бюро тесно сотрудничать с другими учреждениями, дей- ствующими в области становления демократических институтов и прав человека, в част- ности с Советом Европы и Европейской комиссией «Демократия через закон».

12. Комитет старших должностных лиц будет на ежегодной основе рассматривать необхо- димость проведения совещаний и семинаров по человеческому измерению и демократи- ческим институтам и составлять рабочую программу. (…)

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

(2) Государства-участники выражают свою твердую решимость обеспечить полное ува- жение прав человека и основных свобод, действовать на основе законности, проводить в жизнь принципы демократии и в этой связи создавать, укреплять и защищать демокра- тические институты, а также развивать принципы терпимого отношения в масштабах всего общества. Для этого они будут расширять оперативную основу СБСЕ, в том числе путем дальнейшего укрепления БДИПЧ, с тем чтобы позволить осуществлять более конкретный и наполненный реальным содержанием обмен информацией, идеями и озабоченностями, включая раннее предупреждение о возникновении напряженности и о потенциальных кон- фликтах. При этом они сосредоточат свое внимание на вопросах человеческого измерения,

40 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

имеющих особое значение. Соответственно они будут постоянно следить за укреплением человеческого измерения, особенно в эпоху перемен. (…) 2 Концептуальная основа для наблюдения за выполнением обязательств по СБСЕ и содей- ствия сотрудничеству в области человеческого измерения

(4) В целях усиления процесса выполнения обязательств по СБСЕ и наблюдения за их выпол- нением, а также развития прогресса в области человеческого измерения государства-у- частники принимают решение укрепить концептуальную основу их сотрудничества и для осуществления этой задачи постановляют следующее:

Усиление роли БДИ ПЧ

(5) Действуя под общим руководством КСДЛ и в дополнение к своим существующим зада- чам, изложенным в Парижской хартии для новой Европы и в Пражском документе о даль- нейшем развитии институтов и структур СБСЕ, БДИПЧ в качестве главного института в области человеческого измерения, будет: (5a) оказывать помощь в наблюдении за выполнением обязательств в области человеческого измерения следующим образом: • выступая в качестве места проведения двусторонних встреч в соответствии с пунктом 2, а также в качестве канала для обмена информацией в соответствии с пунктом 3 раз- дела по Механизму человеческого измерения, как он изложен в Итоговом документе Вен- ской встречи; • получая комментарии от государств, в которых побывали имеющие отношение к челове- ческому измерению миссии СБСЕ, не являющиеся миссиями в рамках Механизма чело- веческого измерения: Бюро будет направлять доклады таких миссий, а также возможные комментарии всем государствам-участникам, имея в виду их обсуждение на следую- щем совещании по рассмотрению выполнения или следующей конференции по обзору; • принимая участие в миссиях или предпринимая их по поручению Совета или КСДЛ; (5b) выступать в качестве центра информации: • касающейся чрезвычайного положения, как это предусмотрено в пункте 28.10 Документа Московского совещания Конференции по человеческому измерению; • касающейся списков кандидатов и помощи, например в области переписи населения, или демократии на местном и региональном уровнях, а также проведения националь- ных семинаров по этим вопросам; (5c) оказывать помощь в других видах деятельности в области человеческого измерения, включая создание демократических институтов, следующим образом: • выполняя задачи, определенные в «Программе координированной помощи недавно при- нятым государствам-участникам»; • организуя «семинары по проблемам демократического процесса» в ответ на просьбы госу- дарств-участников. В отношении этих семинаров будут применяться те же процедурные положения, что и изложенные в «Программе координированной помощи недавно при- нятым государствам-участникам»; • содействуя в рамках ресурсов, имеющихся в его распоряжении, подготовке семинаров по просьбе одного или нескольких государств-участников;

41 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

• предоставляя, при необходимости, технические средства и возможности Верховному комиссару по делам национальных меньшинств; • осуществляя, при необходимости, контакты с соответствующими международными и неправительственными организациями; • проводя консультации и сотрудничество с соответствующими органами Совета Европы и связанными с ним организациями, а также изучая вопрос о том, как они могут, при необходимости, способствовать деятельности БДИПЧ. БДИПЧ будет также по просьбе государств-участников предоставлять им информацию об осуществляемых в рамках Совета Европы программах, открытых для всех государств-участников.

(6) Деятельность по вопросам человеческого измерения, осуществляемая БДИПЧ, может, в частности, способствовать раннему предупреждению в деле предотвращения конфликтов.

Механизм человеческого измерения

(7) В целях приведения Механизма человеческого измерения в соответствие с существую- щими структурами и институтами СБСЕ государства-участники принимают следующее решение:

Совещания по рассмотрению выполнения обязательств, посвященные вопросам челове- ческого измерения

(9) Каждый год, когда не будет проводиться конференция по обзору, БДИПЧ будет органи- зовывать у себя в штаб-квартире трехнедельное совещание всех государств-участников на уровне экспертов для обзора выполнения обязательств по СБСЕ в области человеческого измерения. Это совещание будет выполнять следующие задачи: (9a) Проводить подробный обмен мнениями о выполнении обязательств в области чело- веческого измерения, включая обсуждение информации, представленной в соответствии с пунктом 4 раздела по Механизму человеческого измерения, и тех аспектов докладов мис- сий СБСЕ, которые относятся к человеческому измерению, а также осуществлять рассмо- трение путей и средств совершенствования процесса выполнения; (9b) проводить оценку процедур наблюдения за выполнением обязательств.

(10) Совещание по рассмотрению выполнения может предложить вниманию КСДЛ меры, которые, по его мнению, необходимо принять для совершенствования процесса выполнения.

(11) На совещании по рассмотрению выполнения согласованный документ подготавли- ваться не будет.

42 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(12) Письменные вклады и информационные материалы будут предназначаться для общего или для ограниченного распространения в соответствии с указаниями представившего их государства. 2 (13) Заседания совещаний по рассмотрению выполнения будут официальными и неофици- альными. Все официальные заседания будут открытыми. Кроме того, государства-участ- ники могут, в зависимости от каждого конкретного случая, принять решение о том, чтобы сделать открытыми неофициальные заседания.

(14) Совещания по рассмотрению выполнения будут предлагать Совету Европы, Европей- ской Комиссии «Демократия через закон», Европейскому банку реконструкции и развития (ЕБРР), а также другим соответствующим международным организациям и учреждениям принять участие в заседаниях и внести вклад в их работу.

(15) Неправительственные организации, обладающие соответствующим опытом в обла- сти человеческого измерения, приглашаются делать письменные представления, напри- мер через БДИПЧ, совещанию по рассмотрению выполнения и, с учетом их письменных представлений, могут быть приглашены совещанием сделать в соответствующих случаях устные заявления по конкретным вопросам.

(16) В ходе совещания по рассмотрению выполнения будут выделены две половины рабочего дня, когда официальные заседания проводиться не будут, чтобы предоставить дополни- тельные возможности для потенциальных контактов с НПО. С этой целью в месте прове- дения совещания в распоряжение НПО будет предоставляться зал.

Семинары по человеческому измерению СБСЕ

(17) Под общим руководством КСДЛ БДИПЧ будет организовывать семинары по челове- ческому измерению СБСЕ, посвященные рассмотрению конкретных вопросов, имеющих непосредственное отношение к человеческому измерению и являющихся актуальными в политическом плане. КСДЛ будет принимать ежегодную программу работы семинаров, включая их названия и сроки проведения. Повестка дня и организационные условия каж- дого семинара будут утверждаться КСДЛ не позднее, чем за три месяца до его начала. При этом КСДЛ будет принимать во внимание мнения, высказанные БДИПЧ. В отсутствие иного решения семинары будут проводиться в штаб-квартире БДИПЧ, и их продолжительность будет составлять не более одной недели. Программа работы будет составляться с учетом работы соответствующих международных организаций и учреждений.

(18) Эти семинары будут организованы на принципах открытости и гибкости. Для участия в работе и внесения вклада на семинары могут быть приглашены соответствующие меж- дународные организации и институты, а также НПО, имеющие соответствующий опыт. Независимые эксперты, участвующие в работе семинара в качестве членов национальных делегаций, также будут иметь возможность выступить в личном качестве.

(19) Заседания на семинарах СБСЕ будут официальными и неофициальными. Все офици- альные заседания будут открытыми. Кроме того, государства-участники могут, в зависи- мости от каждого конкретного случая, принять решение о том, чтобы сделать открытыми неофициальные заседания.

(20) Согласованного документа либо программ дальнейших действий на семинарах СБСЕ вырабатываться не будет.

43 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(21) Вклады независимых экспертов будут предназначаться для общего распространения.

Рим, 1993 г. (Решения: IV. Человеческое измерение)

(3) Процесс политических консультаций и миссии СБСЕ (…) • В мандатах миссий СБСЕ, а также при дальнейшей деятельности на основе докладов миссий будет уделяться большее внимание вопросам человеческого измерения. С этой целью будет повышена роль БДИПЧ в подготовке миссий СБСЕ, в частности в том, что касается предоставления миссиям информации и рекомендаций на основе накопленных БДИПЧ знаний и опыта. (…)

4. Бюро по демократическим институтам и правам человека

Министры приняли решение об усилении роли и активизации деятельности БДИПЧ. В частности, БДИПЧ в соответствии со своим мандатом активизирует деятельность в сле- дующих областях: • создание расширенного банка данных об экспертах в областях, связанных с человече- ским измерением. К государствам-участникам и неправительственным организациям обращается просьба информировать БДИПЧ о наличии экспертов в областях, связан- ных с человеческим измерением; (…) • углубление сотрудничества с соответствующими международными организациями в целях координации деятельности и определения возможных областей для совмест- ных усилий; • получение информации от НПО, обладающих соответствующим опытом в области чело- веческого измерения; • выполнение роли контактного пункта для получения информации, предоставляемой государствами-участниками в соответствии с обязательствами в рамках СБСЕ; • распространение общей информации в области человеческого измерения и междуна- родного гуманитарного права.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

8. БДИПЧ, являющееся основным институтом в области человеческого измерения, будет по согласованию с действующим Председателем участвовать в качестве консультанта в обсуж- дениях, ведущихся в Руководящем совете и Постоянном совете, докладывая через регуляр- ные промежутки времени о своей деятельности и предоставляя информацию по вопросам выполнения. Оно будет предоставлять вспомогательные материалы для ежегодного обзора выполнения и при необходимости давать разъяснения по полученной информации или дополнять ее. На основе тесных консультаций с действующим Председателем директор БДИПЧ может вносить предложения о последующих мерах.

9. Государства-участники признают необходимость расширения сотрудничества через БДИПЧ с другими международными организациями и институтами, занимающимися вопросами человеческого измерения, в том числе с Верховным комиссаром ООН по правам

44 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

человека, в целях обмена информацией, включая доклады, а также дальнейшей разработки ориентированных на будущее мероприятий, таких, как те, о которых говорится в настоя- щем документе. 2 10. Государства-участники постановляют: (…) • возложить на БДИПЧ функции центра для обмена информацией, касающейся проблем средств массовой информации в регионе; они также выражают пожелание, чтобы пра- вительства, журналисты и НПО предоставляли БДИПЧ данные о положении средств информации.

11. Мандаты миссий СБСЕ будут утверждаться после консультаций с БДИПЧ, которое будет также вносить свой вклад в осуществление определенных Постоянным советом дальней- ших шагов на основе докладов миссий. При наборе персонала для миссий СБСЕ следует использовать имеющиеся в БДИПЧ сведения об экспертах по вопросам человеческого изме- рения. Эти миссии будут, кроме того, поручать одному из своих членов поддерживать связь с БДИПЧ и с НПО по вопросам человеческого измерения. (…)

13. Положения, содержащиеся в главе настоящего Документа, посвященной человеческому измерению, никоим образом не изменяют ни мандата БДИПЧ, ни мандата ВКНМ.

Семинары БДИПЧ

14. Число крупномасштабных семинаров по человеческому измерению будет сокращено в среднем до двух в год. В центре внимания на этих семинарах будут темы, представляю- щие самый широкий интерес.

Больший упор будет сделан на региональные семинары. Когда это целесообразно, они будут проводиться в качестве составной части Программы координированной помощи. Следует стремиться к обеспечению участия в этих семинарах всех государств того региона, в кото- ром они проводятся (…)

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

43. Они договорились о необходимости дальнейшего развития возможностей БДИПЧ по оказанию высококвалифицированной экспертной поддержки в вопросах человеческого измерения в соответствии с Программой координированной помощи. Стремясь отклик- нуться на просьбы заинтересованных новых независимых государств о предоставлении консультационных услуг по всем аспектам демократизации, они решили, что полезным дополнением к деятельности БДИПЧ было бы использование экспертов по особым пору- чениям в рамках Программы координированной помощи.

45 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Совет министров, (…)

поручает БДИПЧ, используя соответствующий экспертный потенциал и опыт, накоплен- ный структурами и институтами ОБСЕ и ее операциями на местах, а также государствами – участниками ОБСЕ: • подготовить для государств-участников сборник материалов по лучшей практике по наращиванию содействия учебно-просветительской деятельности в области прав чело- века, включая поощрение терпимости, взаимного уважения и взаимопонимания, а также недискриминации в регионе ОБСЕ.

Любляна, 2005 г. (Решение № 12/05 Обеспечение прав человека и верховенство закона в рамках систем уголовного правосудия)

Совет министров, (…)

поручает БДИПЧ и другим соответствующим структурам ОБСЕ: • оказывать государствам-участникам помощь в ознакомлении друг друга с успешными примерами, экспертными знаниями и положительным опытом в интересах совершен- ствования систем уголовного правосудия; • оказывать государствам-участникам помощь по их просьбе в укреплении организацион- ной базы адвокатуры в интересах защиты и отстаивания прав подзащитных.

Брюссель, 2006 г. (Решение № 5/06 Организованная преступность)

Совет министров, (…)

(d) поручает Генеральному секретарю и БДИПЧ регулярно информировать государства-у- частники и представить государствам-участникам совместный письменный доклад по вопросу о выполнении вышеупомянутых задач до летнего перерыва в 2007 году;

(e) поручает Постоянному совету принять к сведению вышеупомянутый доклад и рассмо- треть уместность возможных дальнейших шагов;

(f) поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, включая БДИПЧ, при необходимости координируя работу и сотрудничая с другими международными организациями и институтами, быть готовыми отреагировать на про- ектные предложения и просьбы о сотрудничестве от государств-участников и рассмотреть вопрос о развитии учебных программ, которые проводились бы в рамках их соответству- ющих мандатов и при наличии взносов на эту цель; (…)

46 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

II. Дополнительные задачи, относящиеся к выборам

Рим, 1993 г. (Решения: IV. Человеческое измерение) 2 4. Бюро по демократическим институтам и правам человека

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

12. БДИПЧ будет играть более значительную роль в наблюдении за процессом выборов до их начала, в ходе них и по их окончании. В этом контексте БДИПЧ следует оценивать нали- чие условий для свободной и независимой деятельности средств массовой информации.

Государства-участники предлагают различным организациям, осуществляющим наблю- дение за процессом выборов, улучшать координацию своих действий и поручают БДИПЧ проводить консультации со всеми соответствующими организациями, с тем, чтобы зало- жить основу для координации в этой области.

Кроме того, БДИПЧ в целях совершенствования подготовки и процедур наблюдения за процессом выборов составит пособие для наблюдателей за выборами и будет вести посто- янно обновляемый календарь предстоящих выборов.

Маастрихт, 2003 г. (Решение № 5/03 Выборы)

Совет министров (…)

поручает БДИПЧ рассмотреть пути повышения эффективности своего содействия госу- дарствам-участникам в принятии мер по рекомендациям, сформулированным в докладах БДИПЧ о наблюдении за выборами.

Брюссель, 2006 г. (Решение № 19/06 Повышение эффективности ОБСЕ)

Совет министров, (…)

1. Выражает благодарность БДИПЧ за работу, проделанную в соответствии с пунктом 2 Решения Совета министров № 17/05, и принимает к сведению его доклад, изданный 10 ноя- бря 2006 года;

47 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(…)

7. Признает, что БДИПЧ обладает экспертным опытом для оказания помощи государствам-у- частникам с помощью видов деятельности, связанных с электоральным процессом, вклю- чая обзор избирательного законодательства и проведение наблюдений за ходом выборов;

8. Обязуется и далее развивать деятельность ОБСЕ, связанную с электоральным процессом, (…)

10. Вновь подтверждает обязательства государств-участников приглашать для мониторинга выборов наблюдателей других государств-участников, БДИПЧ, Парламентской ассамблеи ОБСЕ и соответствующих институтов и организаций, желающих направить таких наблю- дателей; (…)

12. Признает существующую необходимость обеспечения подотчетности, объективности, транспарентности и профессионализма процесса наблюдения за выборами;

13. Соглашается с тем, что БДИПЧ следует внедрить в практику все усовершенствования и рекомендации о деятельности, связанной с выборами, в том числе рекомендации, содер- жащиеся в докладе и особенно в приводимом ниже перечне, и регулярно представлять доклады об их осуществлении, через своего Директора, для рассмотрения Постоянным советом, в зависимости от случая: • и далее укреплять методику наблюдения и программы оказания помощи; • обеспечить в рамках электоральной деятельности БДИПЧ максимально широкий гео- графический охват; • и далее диверсифицировать участие краткосрочных, долгосрочных и «основных» групп наблюдателей путем расширения поддержки идеи увеличения числа государств-участ- ников, поощрения государств-участников вносить взносы в фонд диверсификации, поддержки национальных усилий по подготовке кадров и развития сетей ОБСЕ, объе- диняющих специалистов-практиков по наблюдению за ходом выборов; • при поддержании наивысших профессиональных стандартов обеспечить дальнейшее повышение уровня транспарентности набора кандидатов в состав групп наблюдения, в том числе путем проведения активных рекламных кампаний, учебных мероприятий, конкурсных процедур и подготовки открытых списков для руководителей миссий по наблюдению за ходом выборов и членов «основных групп», которые должны регулярно доводиться до сведения государств-участников и распространяться через находящиеся в публичном доступе базы данных; • уделять максимальное внимание вопросам независимости, беспристрастности и про- фессионализма сотрудников БДИПЧ, осуществляющих наблюдение за ходом выборов; • расширять лингвистический охват и обеспечивать, чтобы используемые языки никоим образом не сказывались на эффективности наблюдений;

14. Подчеркивает, что наблюдение за ходом выборов является общей задачей для ОБСЕ/ БДИПЧ, Парламентской ассамблеи ОБСЕ и других парламентских институтов;

15. Признает, что тесное сотрудничество с Парламентской ассамблеей ОБСЕ существенно повышает авторитет усилий ОБСЕ по обеспечению наблюдения за ходом выборов,

48 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

и призывает БДИПЧ продолжать в рамках партнерства с Парламентской ассамблеей работу по организации миссий наблюдения за выборами на основе Соглашения о сотрудниче- стве 1997 года; 2 (…)

III. Контактный пункт БДИПЧ по вопросам рома и синти

Смотри также: I. 2.3.4.A.IV: Дополнительные задачи, относящиеся к толерантности и недискриминации, включая вопросы рома и синти

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

23. Государства-участники постановляют создать в БДИПЧ пункт для контактов по вопро- сам, касающимся народности рома и синти (цыган). БДИПЧ будет поручено: • действовать в качестве центра для обмена информацией по вопросам, связанным с рома и синти (цыганами), включая информацию о выполнении обязательств, касающихся рома и синти (цыган); • облегчать контакты по проблемам народности рома и синти (цыган) между государ- ствами участниками, международными организациями и институтами, а также НПО; • поддерживать и развивать контакты по этим вопросам между институтами СБСЕ и дру- гими международными организациями и институтами.

Для выполнения этих задач БДИПЧ будет в полной мере использовать имеющиеся ресурсы. В этом контексте они приветствуют заявление некоторых организаций, представляющих рома и синти (цыган), об их намерении внести добровольные взносы.

24. Государства-участники приветствуют мероприятия, проводимые другими международ- ными организациями и институтами, в частности Советом Европы, по вопросам, касаю- щимся рома и синти (цыган).

Хельсинки, 1998 г. (Решение о повышении потенциала ОБСЕ в вопросах, касающихся рома и синти)

Совет министров,

имея в виду действующие в рамках ОБСЕ обязательства в отношении рома и синти и напо- миная о принятом Будапештской встречей на высшем уровне решении создать в БДИПЧ пункт для контактов по вопросам, касающимся народности рома и синти (цыган),

1. Принимает решение повысить потенциал ОБСЕ в этих вопросах путем укрепления суще- ствующего пункта БДИПЧ для контактов по вопросам, касающимся народности рома и синти. Приоритетными в его деятельности будут следующие задачи: • укрепление взаимодействия ОБСЕ с правительствами государств-участников, представи- телями общин рома и синти, а также с международными организациями, инициативами и НПО, имеющими отношение к проблемам рома и синти, и в частности дальнейшего взаимно усиливающего сотрудничества с координатором Совета Европы по вопро- сам народности рома, с тем, чтобы избежать дублирования усилий – в том числе путем

49 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

налаживания регулярных консультаций с этими организациями, инициативами и НПО, направленных на достижение дополнительной отдачи от объединения усилий, а также выработку общих подходов в целях содействия полной социальной интеграции общин рома и синти в странах, где они проживают, при сохранении их самобытности; • наращивание сотрудничества между институтами ОБСЕ и ее миссиями/присутствиями на местах по вопросам рома и синти там, где это уместно; • разработка – на базе вкладов государств-участников, институтов ОБСЕ, и в частности ВКНМ, общин рома и синти, НПО, международных организаций и других институтов и инициатив – программы работы, которая должна включать, среди прочего, организа- цию семинаров, практикумов и центров обмена информацией; • сбор информации от государств-участников по законодательным и другим мерам, затра- гивающим положение рома и синти, на предмет предоставления ее в распоряжение сообщества ОБСЕ, равно как и других заинтересованных международных организаций, а также подготовки дополнительных докладов о положении рома и синти в регионе ОБСЕ.

2. Также принимает решение, что пункт для контактов должен заниматься исключительно вопросами, касающимися рома и синти.

Маастрихт, 2003 г. (Приложение к Решению № 2/03 Борьба с торговлей людьми; План действий ОБСЕ по борьбе с торговлей людьми)

Действия институтов и органов ОБСЕ

6. Сбор данных и исследования (…) 6.2 Поручить пункту БДИПЧ для контактов по вопросам, касающимся рома и синти, про- должать сбор данных о торговле людьми, и прежде всего детьми, а также о ее последствиях для общин рома и синти.

Маастрихт, 2003 г. (Приложение к Решению № 3/03 План действий по улучшению положения рома и синти в регионе ОБСЕ)

III. Борьба с расизмом и дискриминацией

Законодательство и правоохранительная деятельность

Рекомендуемые действия институтов и структур ОБСЕ: (…)

23. БДИПЧ/контактный пункт по вопросам рома и синти (КПРС) будет содействовать улуч- шению отношений между неправительственными организациями (НПО) рома и синти и государствами-участниками.

24. БДИПЧ-КПРС будет выполнять функцию координационного центра в связи с реализа- цией инициатив, с которыми выступают государства-участники, и облегчать обмен инфор- мацией о наилучшей практике.

50 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

25. БДИПЧ-КПРС будет – в тесном взаимодействии с государствами-участниками, общи- нами рома и синти и, там, где это возможно, другими международными организациями и при полном уважении законов о защите личных данных – осуществлять сбор докумен- 2 тации для целей разработки более адресной политики.

Полиция

Рекомендуемые действия институтов и структур ОБСЕ: (…)

34. БДИПЧ-КПРС и Группа по стратегическим вопросам полицейской деятельности под- готовят в рамках своих соответствующих мандатов сборник «лучшей практики» полицей- ских органов в регионе ОБСЕ, посвященный полицейской деятельности применительно к общинам рома и синти.

35. ВКНМ, БДИПЧ-КПРС и Группа по стратегическим вопросам полицейской деятельно- сти будут оказывать государствам-участникам помощь в разработке кодексов поведения, призванных не допустить утверждения расовых стереотипов и улучшить межэтнические отношения.

IV. Решение социально-экономических проблем

Жилье и условия жизни

Рекомендуемые действия институтов и структур ОБСЕ:

47. Представляется целесообразным, чтобы БДИПЧ-КПРС и Бюро Координатора деятель- ности ОБСЕ в области экономики и окружающей среды (БКДЭОС) взяли на себя более весомую роль в содействии получению информации и доступа к ресурсам, выделяемым иностранными донорами на конкретные проекты по социально-экономическому разви- тию цыганских общин, – особенно если они предложены объединениями рома и синти.

Безработица и экономические проблемы

Рекомендуемые действия институтов и структур ОБСЕ:

54. По просьбе государств-участников БДИПЧ-КПРС и БКДЭОС будут оказывать помощь в развитии у рома и синти профессиональных навыков, необходимых для работы по найму и в качестве предпринимателей, путем организации в государствах-участниках программ профессиональной подготовки и переподготовки. Успешные проекты, особенно касающи- еся обучения предпринимательским навыкам и развития малых и средних предприятий (МСП) (например, программа семинаров для молодых предпринимателей), могли бы быть адаптированы к нуждам рома и синти (…) (…)

56. БДИПЧ-КПРС и БКДЭОС будут использовать результаты работы ПРООН и других учреждений по изучению потребностей рома и синти в целях поддержки политики, учи- тывающей масштабы и характер их особых потребностей в каждом государстве-участнике.

51 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

57. Координируя свои действия с соответствующими международными организациями (в частности, ПРООН и Всемирным банком) БДИПЧ-КПРС и БКДЭОС рассмотрят способы расширения доступа рома и синти к обычным программам обучения. Могут быть орга- низованы семинары-практикумы или дискуссии за «круглым столом», ориентированные на потребности рома и синти, с целью информирования и просвещения членов их общин в том, что касается социально-экономических прав личности и прав предпринимателей.

Медицинское обслуживание

Рекомендуемые действия институтов и структур ОБСЕ: (…)

65. БДИПЧ-КПРС и, в соответствующих случаях, другие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут оказывать содействие государствам-участни- кам, предпринимающим информационно-просветительские инициативы, которые должны помочь рома и синти в полной мере использовать обычные услуги медицинских учрежде- ний. Они будут, в частности, заниматься сбором, подготовкой и распространением соот- ветствующей информации о надлежащей практике.

66. БДИПЧ-КПРС будет уделять особое внимание обеспечению доступа рома и синти к про- граммам, нацеленным на предупреждение и/или лечение наркомании и наркотической зависимости, а также СПИД и связанных с ним заболеваний.

VII. Рома и синти в кризисных и послекризисных ситуациях (…)

Рекомендуемые действия институтов и структур ОБСЕ: (…)

114. В соответствии со своим мандатом БДИПЧ-КПРС призван эффективно реагировать на кризисные ситуации, в том числе путем сотрудничества с правительствами соответствую- щих стран, межправительственными органами и международными организациями, в част- ности с УВКБ ООН, в целях защиты подвергающихся риску цыганских общин.

115. БДИПЧ-КПРС будет повышать осведомленность государственных должностных лиц, журналистов и других сторон о положении рома и синти в районах кризисов или кон- фликтов.

VIII. Углубление сотрудничества и координации действий с другими международными организациями и НПО

118. БДИПЧ-КПРС будет и впредь активно участвовать в неофициальной контактной группе представителей межправительственных организаций по делам народности рома*. (…)

* В неофициальной контактной группе представителей межправительственных организаций по делам народности рома участвуют ОБСЕ/БДИПЧ, Совет Европы, Европейская комиссия и Европейский союз.

52 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

121. БДИПЧ-КПРС будет стремиться к консолидации «Международной контактной группы по делам народности рома»* и будет вносить дальнейший вклад в инициативу Совета Европы, касающуюся возможного создания Европейского форума по делам цыган и стран- 2 ствующих лиц.

122. БДИПЧ-КПРС будет предоставлять информацию и координационные услуги соот- ветствующим национальным и международным институтам и будет облегчать их диалог между собой и с цыганскими НПО.

123. БДИПЧ-КПРС будет стремиться развивать отношения с организациями рома и синти и помогать им координировать свои усилия и ресурсы как внутри отдельных государств, так и на трансграничном уровне и в полной мере использовать возможности, которые открывает уже проводимая национальная и международная политика, затрагивающая рома и синти.

124. БДИПЧ-КПРС будет опираться на опыт и вклад существующих проектов в области мониторинга, разработанных другими международными организациями.

IX. Контактный пункт БДИПЧ по вопросам рома и синти

125. При необходимости БДИПЧ-КПРС будет облегчать обмен информацией между госу- дарствами-участниками ОБСЕ, разработавшими или стремящимися улучшить государ- ственную политику в отношении рома и синти.

126. По соответствующим запросам БДИПЧ-КПРС будет консультировать государства-у- частники относительно будущей политики в отношении рома и синти и будет стимулиро- вать дискуссии между правительствами и цыганскими НПО.

127. БДИПЧ-КПРС будет поддерживать усилия по повышению потенциала цыганских НПО.

128. БДИПЧ-КПРС создаст базу данных о лучшей практике, имеющейся в государствах-у- частниках ОБСЕ.

129. БДИПЧ-КПРС следует проявлять инициативу в том, что касается анализа мер, пред- принимаемых государствами-участниками, а также конкретных ситуаций и инцидентов, затрагивающих рома и синти. В этих целях КПРС будет устанавливать и развивать пря- мые контакты с государствами-участниками и предлагать им рекомендации и заключения.

130. Правительства соответствующих стран будут сотрудничать с БДИПЧ-КПРС в нахож- дении эффективных решений в кризисных ситуациях.

131. БДИПЧ-КПРС будет предоставлять общинам рома и синти дополнительную инфор- мацию о ресурсах и деятельности ОБСЕ.

132. Во взаимодействии с соответствующими институтами и структурами ОБСЕ БДИПЧ будет разрабатывать соответствующие меры, направленные на устранение первопричин

* Международная контактная группа по делам народности рома была учреждена в октябре 2000 года по инициативе контактного пункта БДИПЧ по вопросам рома и синти. В Контактную группу входят представители Международного союза рома, Национального конгресса рома, выборные представители народности рома, эксперты-цыгане и БДИПЧ-КПРС.

53 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

торговли людьми, особенно детьми, и повышать среди цыганского населения осведомлен- ность о ее последствиях. (…)

138. БДИПЧ-КПРС распространит информацию о настоящем Плане среди цыганского насе- ления и организаций рома и синти, а также направит ее другим международным органи- зациям.

Средства массовой информации

Рекомендуемые действия институтов и структур ОБСЕ: (…)

41. БДИПЧ-КПРС и ПССМИ будут организовывать «круглые столы» с участием журнали- стов, посвященные образу рома и синти в общественном сознании.

VI. Расширение участия в общественно-политической жизни

Рекомендуемые действия институтов и структур ОБСЕ: (…)

100. БДИПЧ-КПРС должен оказывать помощь в организации подготовки кадров для цыган- ских НПО, а также самими этими НПО, включая организации СМИ, в интересах цыганских общин в целом по тематике, касающейся демократических процессов и участия граждан. (…)

105. БДИПЧ-КПРС, а также, в соответствующих случаях, другие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут разрабатывать программы, поощряющие выдвижение кандидатур рома и синти в выборные органы, либо будут находить нестан- дартные подходы, обеспечивающие участие представителей рома и синти в процессах при- нятия подходы на национальном и местном уровне.

Киев, 2013 г. (Решение № 4/13 Наращивание усилий ОБСЕ по выполнению плана действий по улучшению положения рома и синти в регионе ОБСЕ с уделением особого внимания женщинам, подросткам и детям этих народностей)

5. Побуждать соответствующие исполнительные структуры ОБСЕ к наращиванию своей деятельности с целью укрепления потенциала женских и молодежных организаций рома и синти, имея в виду содействовать расширению прав и возможностей, повышению обра- зовательного уровня и борьбе с дискриминацией в отношении цыганских женщин и под- ростков, а также побуждать цыганских женщин к участию наравне с мужчинами в работе во всех интересующих их сферах жизни;

54 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

IV. Дополнительные задачи, относящиеся к толерантности и недискриминации, включая вопросы рома и синти 2 Смотри также: I. 2.3.4.A.III: Контактный пункт БДИПЧ по вопросам рома и синти

Рим, 1993 г. (Решения: X. Декларация об агрессивном национализме, расизме, шовинизме, ксенофобии и антисемитизме)

1. Напоминая о своих решениях, принятых на стокгольмской Встрече Совета, министры с глубокой озабоченностью отметили растущие проявления агрессивного национализма, такие, как территориальный экспансионизм, а также расизм, шовинизм, ксенофобия и анти- семитизм. (…)

6. Министры постановили уделять этому вопросу первоочередное внимание в рамках дея- тельности СБСЕ и в этой связи решили: (…)

предложить БДИПЧ обратить особое внимание на подобные явления и по мере необходи- мости использовать ресурсы для решения этих проблем.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

25. Государства-участники осуждают проявления нетерпимости, особенно – агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма, и будут оказывать даль- нейшее содействие эффективным мерам, направленным на их искоренение. Они предла- гают БДИПЧ и впредь уделять особое внимание этим явлениям, собирая информацию об их различных проявлениях в государствах участниках.

Бухарест, 2001 г. (Решение № 5/01)

Совет министров (…)

призывает институты ОБСЕ, в частности БДИПЧ, Верховного комиссара по делам нацио- нальных меньшинств и Представителя по вопросам свободы средств массовой информации уделять повышенное проявлениям агрессивного национализма, расизма, шовинизма, ксено- фобии, антисемитизма и воинствующего экстремизма, борьбе с нетерпимостью и дискрими- нацией по признаку расового или этнического происхождения, религиозных, политических или иных убеждений, а также содействию уважению верховенства закона, демократиче- ских ценностей, прав человека и основных свобод, включая свободу выражения мнений, свободу мысли, совести, религии или убеждений.

55 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

III Борьба с расизмом и дискриминацией

Законодательство и правоохранительная деятельность

Рекомендуемые действия институтов и структур ОБСЕ:

20. БДИПЧ и, в соответствующих случаях, другие институты и структуры ОБСЕ, вклю- чая операции ОБСЕ на местах, будут оказывать государствам-участникам по их просьбе помощь в разработке антидискриминационного законодательства, а также в учреждении органов по борьбе с дискриминацией. (…)

22. БДИПЧ будет по запросу давать рекомендации о том, каким образом можно задей- ствовать существующие в государстве-участнике механизмы, такие, как бюро омбудсмена, комиссии по борьбе с дискриминацией, дисциплинарные комиссии полицейских ведомств и другие соответствующие органы, в целях ослабления напряженности между рома и синти и нецыганским населением.

Полиция

Рекомендуемые действия институтов и структур ОБСЕ:

33. Группа по стратегическим вопросам полицейской деятельности в составе Секретариата, а также БДИПЧ будут оказывать государствам-участникам помощь в разработке программ и мер укрепления доверия, например, в области работы полиции с населением, призван- ных улучшать отношения между рома и синти и полицией, особенно на местном уровне.

Средства массовой информации

Рекомендуемые действия институтов и структур ОБСЕ:

39. Во взаимодействии с БДИПЧ и соответствующими международными организаци- ями Представителю по вопросам свободы средств массовой информации (ПССМИ) сле- дует рассмотреть вопрос о возможном вкладе ОБСЕ в создание Европейского цыганского радио с вещанием на всю Европу. БДИПЧ и ПССМИ следует организовывать обществен- ные диспуты, кампании против дискриминации и совместные учебные программы с уча- стием работников средств массовой информации и для них. (…)

Медицинское обслуживание

Рекомендуемые действия институтов и структур ОБСЕ:

64. БДИПЧ во взаимодействии с другими международными организациями и НПО будет использовать имеющиеся данные исследований для выявления социально-экономиче- ских, политических и культурных факторов, влияющих на состояние здоровья тех или иных цыганских общин, и будет консультировать государства-участники по вопросам

56 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

реализации программ в области здравоохранения, направленных на удовлетворение выяв- ленных потребностей. 2 VI. Расширение участия в общественно-политической жизни

Рекомендуемые действия институтов и структур ОБСЕ:

99. БДИПЧ и, где это целесообразно, другие институты и структуры ОБСЕ, включая опера- ции ОБСЕ на местах, будут разрабатывать программы, направленные на обеспечение реги- страции, которая необходима для полноправного участия в политической деятельности. (…)

101. БДИПЧ, а также, где это целесообразно, другие институты и структуры ОБСЕ, вклю- чая операции ОБСЕ на местах, будут разрабатывать и осуществлять просветительские про- граммы для электората и программы регистрации избирателей.

102. БДИПЧ будет выступать в роли катализатора обмена информацией и передовым опы- том между государствами-участниками и с другими международными организациями.

103. БДИПЧ будет продолжать и укреплять практику изучения участия цыган в голосова- нии и избирательных процессах, а также будет продолжать практику включения экспер- тов-цыган в состав своих миссий по наблюдению в регионе ОБСЕ. (…)

106. БДИПЧ будет уделять особое внимание деятельности, направленной на расширение доступа цыганских женщин ко всем сферам общественно-политической жизни.

VII. Рома и синти в кризисных и послекризисных ситуациях

Рекомендуемые действия институтов и структур ОБСЕ:

113. БДИПЧ будет использовать свои специфические функции в вопросах предотвраще- ния конфликтов и выявления потенциально кризисных областей, требующих вмешатель- ства на раннем этапе. (…)

116. БДИПЧ будет проявлять инициативу в деле анализа мер, предпринимаемых государства- ми-участниками в отношении рома и синти, и предлагать свои рекомендации в интересах более успешного преодоления элементов напряженности в конкретных местных условиях, которые, если этого не предотвратить, могут перерасти в ситуации открытого конфликта.

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров (…)

6. Побуждает все государства-участники собирать и хранить надежную информацию и ста- тистические данные о преступлениях на почве ненависти, включая формы воинствующего

57 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

проявления расизма, ксенофобии, дискриминации и антисемитизма, как это обсуждалось и было рекомендовано в ходе вышеупомянутых конференций. Признавая важное значение законодательства для борьбы с преступлениями на почве ненависти, государства-участники будут информировать БДИПЧ об имеющемся законодательстве относительно преступле- ний, мотивированных нетерпимостью и дискриминацией, и в соответствующих случаях обращаться к БДИПЧ за помощью в разработке и пересмотре такого законодательства;

7. Поручает БДИПЧ на основе всестороннего сотрудничества, в частности, с Комитетом Организации Объединенных Наций по ликвидации расовой дискриминации (ЮНСЕРД), Европейской комиссией по борьбе против расизма и нетерпимости (ЕКРН) и Европейским мониторинговым центром по вопросам расизма и ксенофобии (ЕКЦРК), а также с соответ- ствующими НПО выполнять функции центра по сбору информации и статистики, накапли- ваемых государствами-участниками, и регулярно представлять по этим вопросам доклады, в том числе используя формат Совещания по рассмотрению выполнения, посвященного человеческому измерению, в качестве основы для определения первоочередных задач даль- нейшей работы. БДИПЧ будет, в частности, способствовать внедрению наилучшей прак- тики и распространять информацию об уроках борьбы с нетерпимостью и дискриминацией; (…)

16. Поручает Постоянному совету, БДИПЧ, ВКНМ и ПССМИ в тесном сотрудничестве с Действующим председателем обеспечивать эффективные меры во исполнение соответ- ствующих положений настоящего решения и просит Постоянный совет рассмотреть вопрос о порядке организации и финансирования выполнения этого Решения.

София, 2004 г. (Приложение к Решению № 12/04 Толерантность и недискриминация; Решение Постоянного совета № 607: Борьба с антисемитизмом)

Постоянный совет, (…)

в целях наращивания наших совместных усилий по борьбе с антисемитизмом во всем регионе ОБСЕ

постановляет следующее. (…)

2. Поручить БДИПЧ: • на основе всестороннего сотрудничества с другими институтами ОБСЕ, а также с Коми- тетом ООН по ликвидации расовой дискриминации (ЮНСЕРД), Европейской комис- сией по борьбе против расизма и нетерпимости (ЕКРН), Европейским мониторинговым центром по вопросам расизма и ксенофобии (ЕМЦРК) и другими соответствующими международными институтами и НПО внимательно отслеживать инциденты антисе- митского характера в регионе ОБСЕ, используя при этом всю имеющуюся и заслужива- ющую доверия информацию; • докладывать о своих выводах Постоянному совету и Совещанию по рассмотрению выпол- нения, посвященному вопросам человеческого измерения, а также информировать о них общественность. Такие доклады должны также приниматься во внимание при определе- нии приоритетных направлений работы ОБСЕ по проблеме нетерпимости;

58 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

• систематически собирать и распространять в масштабах региона ОБСЕ информацию о лучшей практике предупреждения антисемитизма и реагирования на него, а также представлять государствам-участникам по их просьбе рекомендации в связи с их уси- 2 лиями по борьбе с антисемитизмом. (…)

София, 2004 г. (Приложение к Решению № 12/04 Толерантность и недискриминация; Решение Постоянного совета № 621: Толерантность и борьба с расизмом, ксенофобией и дискриминацией)

Постоянный совет, (…)

с целью наращивания наших общих усилий в борьбе с проявлениями нетерпимости во всем регионе ОБСЕ

постановляет следующее: (…)

2. Поручить БДИПЧ: • на основе всестороннего сотрудничества с другими институтами ОБСЕ, а также с Коми- тетом ООН по ликвидации расовой дискриминации (ЮНСЕРД), Управлением Верховного комиссара Организации Объединенных Наций по правам человека (УВКПЧ), Европейской комиссией по борьбе против расизма и нетерпимости (ЕКРН), Европейским мониторин- говым центром по вопросам расизма и ксенофобии (ЕКЦРК) и другими соответству- ющими международными институтами и НПО внимательно отслеживать инциденты, мотивированные расизмом, ксенофобией или связанной с ними нетерпимостью, в том числе в отношении мусульман, и антисемитизмом в регионе ОБСЕ, используя при этом имеющуюся и заслуживающую доверия информацию; • докладывать о своих выводах Постоянному совету и Совещанию по рассмотрению выпол- нения, посвященному вопросам человеческого измерения, а также информировать о них общественность. Такие доклады должны также приниматься во внимание при определе- нии приоритетных направлений работы ОБСЕ по проблеме нетерпимости; • систематически собирать и распространять в масштабах региона ОБСЕ информацию о лучшей практике предупреждения расизма, ксенофобии и дискриминации и реагиро- вания на них, а также представлять государствам-участникам по их просьбе рекомен- дации в связи с их усилиями по борьбе с расизмом, ксенофобией и дискриминацией; • поддерживать способность гражданского общества противодействовать расизму, ксе- нофобии, дискриминации и связанной с ними нетерпимости, в том числе в отношении мусульман, а также антисемитизму (…)

59 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

6. Поручает БДИПЧ: 6.1 оказывать содействие государствам-участникам по их просьбе в разработке соответству- ющей методики и потенциала по сбору и хранению надежной информации и статистики о преступлениях на почве ненависти и агрессивных проявлениях нетерпимости и дискри- минации с целью помочь им в сборе сопоставимых статистических сведений; 6.2 продолжать сотрудничать с другими структурами и институтами ОБСЕ, а также с Комитетом Организации Объединенных Наций по ликвидации расовой дискримина- ции (ЮНСЕРД), Управлением Верховного комиссара Организации Объединенных Наций по правам человека (УВКПЧ), Европейской комиссией по борьбе против расизма и нетер- пимости (ЕКРН), Европейским мониторинговым центром по вопросам расизма и ксенофо- бии (ЕМЦРК), Целевой группой по вопросам международного сотрудничества в области просвещения, памяти и исследований о Холокосте и с другими соответствующими инсти- тутами и гражданским обществом, включая неправительственные организации; 6.3 продолжать оказывать государствам-участникам в рамках его Консультативной группы экспертов по вопросам свободы религии и убеждений и по их просьбе поддержку в деятельности, направленной на содействие свободе религии и убеждений, и ознакомлять государства-участники ОБСЕ с выводами и соображениями Группы как на двусторонней основе, так и на соответствующих конференциях и мероприятиях ОБСЕ; (…)

Совет министров, (…)

60 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Брюссель, 2006 г. (Решение № 13/06 Борьба с нетерпимостью и дискриминацией и содействие взаимному уважению и пониманию) 2 Совет министров, (…)

14. Побуждает Бюро по демократическим институтам и правам человека (БДИПЧ), действуя на основе существующих обязательств, в том числе путем сотрудничества с соответствую- щими исполнительными структурами ОБСЕ: (a) укреплять далее работу в рамках его программы по борьбе с нетерпимостью и дискри- минацией, в частности его программ помощи, в целях оказания содействия государствам-у- частникам, по их просьбе, в осуществлении их обязательств; (b) укреплять далее работу консультативной группы экспертов БДИПЧ по свободе религии и вероисповедания в предоставлении поддержки и экспертной помощи государствам-у- частникам; (c) продолжать работать в тесном сотрудничестве с другими соответствующими межправи- тельственными учреждениями и гражданским обществом, действующим в области содей- ствия взаимному уважению и пониманию и борьбе с нетерпимостью и дискриминацией, в том числе путем сбора данных о преступлениях на почве ненависти; (d) продолжать служить пунктом сбора информации и статистики о преступлениях на почве ненависти и соответствующих законодательств, переданных государствами-участ- никами, и предавать гласности эту информацию через его систему информации о терпи- мости и недискриминации и доклад о вызовах и реакции на мотивированные ненавистью действия в регионе ОБСЕ; (е) укреплять в рамках существующих ресурсов его функцию раннего предупреждения, с тем чтобы идентифицировать, сообщать и предавать гласности мотивированные ненави- стью действия и тенденции, и предлагать рекомендации и содействие государствам-участ- никам по их просьбе в тех областях, где требуется более адекватная реакция; (…)

Хельсинки, 2008 г. (Решение № 6/08 Повышение эффективности усилий ОБСЕ по выполнению плана действий по улучшению положения рома и синти в регионе ОБСЕ)

Совет министров, (…)

имея твердое намерение повысить эффективность усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ, (…)

2. Призывает БДИПЧ, в рамках существующих ресурсов, оказывать государствам-участни- кам по их просьбе помощь в обеспечении доступа детей рома и синти к раннему образова- нию. В этой связи настоятельно призывает государства-участники, когда это целесообразно, предпринимать инициативы по повышению информированности общества, включая также общины рома и синти, о преимуществах раннего образования; (…)

61 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти

Совет министров, (…)

6. Поручает БДИПЧ в сотрудничестве и координации с ВКНМ и Представителем по вопро- сам свободы средств массовой информации и другими соответствующими исполнитель- ными структурами ОБСЕ, в рамках их мандатов и в пределах существующих ресурсов, продолжать оказывать государствам-участникам помощь в противодействии актам дис- криминации и насилия в отношении рома и синти, в борьбе с негативными стереотипами в отношении рома и синти в средствах массовой информации с учетом принятых в рамках ОБСЕ соответствующих обязательств относительно свободы СМИ и в полном выполнении принятых в рамках ОБСЕ обязательств, касающихся, в частности, выполнения Плана дей- ствий по улучшению положения рома и синти в регионе ОБСЕ, а также в решении проблем, связанных с устойчивой и успешной интеграцией рома и синти; (…)

8. Поручает БДИПЧ на основании консультаций с государствами-участниками и в тесном взаимодействии с другими соответствующими институтами ОБСЕ в рамках их мандатов разработать и осуществить соответствующие проекты, посвященные проблеме раннего образования рома и синти, такие как проекты по подготовке учителей и по борьбе с низ- кой посещаемостью школы;

9. Призывает соответствующие институты ОБСЕ активизировать свое сотрудничество и повысить координацию с другими соответствующими международными субъектами, такими, как Совет Европы и Европейский союз, когда это целесообразно, а также с субъ- ектами гражданского общества, занимающимися вопросами, связанными с рома и синти;

10. Предлагает Директору БДИПЧ постоянно информировать государства-участники о работе БДИПЧ по оказанию государствам-участникам помощи в обеспечении устой- чивой интеграции рома и синти во время его регулярных докладов Постоянному совету.

Афины, 2009 г. (Решение № 9/09 Борьба с преступлениями на почве ненависти)

Совет министров, (…)

12. Поручает БДИПЧ на основе консультаций с государствами-участниками и в сотрудни- честве с соответствующими международными организациями и партнерами из граждан- ского общества изучить потенциальную связь между пользованием Интернетом и насилием, мотивированным предрассудками, и наносимый в результате этого вред, а также возмож- ные практические меры, которые должны быть приняты для противодействия этому;

13. Предлагает Директору БДИПЧ держать государства-участники в курсе о деятельности БДИПЧ по оказанию государствам-участникам помощи в борьбе с преступлениями на почве ненависти в рамках его или ее регулярной отчетности перед Постоянным советом.

62 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Базель, 2014 г. (Декларация о наращивании усилий по борьбе с антисемитизмом)

Мы призываем БДИПЧ: 2 предлагать государствам-участникам информацию о наиболее эффективных мерах противо- действия антисемитизму, в том числе посредством консультаций с гражданским обществом, в целях эффективного выявления современных проявлений антисемитизма и противодей- ствия им;

облегчать сотрудничество между государственными должностными лицами и граждан- ским обществом по вопросам, касающимся антисемитизма, включая преступления на почве ненависти и сохранение памяти о Холокосте;

оказывать государствам-участникам помощь в их усилиях по сбору данных о преступле- ниях на почве ненависти антисемитского характера – в соответствующих случаях в сотруд- ничестве с гражданским обществом;

облегчать обмен между государствами-участниками примерами передового опыта в вопро- сах осуществления образовательных инициатив и других мер по повышению осведомлен- ности об антисемитизме и преодолению трудностей в осуществлении просветительской деятельности о Холокосте;

поощрять диалог и укреплять потенциал гражданского общества в культивировании вза- имного уважения и взаимопонимания, имея в виду содействовать укреплению сотрудни- чества между различными сообществами.

V. Дополнительные задачи, относящиеся к гендерному равенству

София, 2004 г. (Приложение к Решению № 14/04; План действий ОБСЕ 2004 года по поддержке гендерного равенства

V. Поддержка выполнения государствами-участниками ОБСЕ соответствующих обязательств по поддержке равенства между женщинами и мужчинами (…)

44. Приоритеты

(a) Разработка проектов в государствах ОБСЕ, где отсутствуют миссии • в странах, где нет миссий, БДИПЧ будет осуществлять подбор проектов для поддержки мер в таких областях, как недопущение насилия в отношении женщин, содействие уча- стию женщин в общественной, политической и экономической жизни и поддержка систе- матического учета гендерной проблематики на национальном уровне.

(b) Обеспечение недискриминационного характера правовых и политических систем • БДИПЧ в сотрудничестве с другими международными организациями и соответству- ющими национальными органами и институтами будет оказывать государствам-участ- никам ОБСЕ помощь в соблюдении положений международно-правовых документов, направленных на поддержку гендерного равенства и прав женщин, а также в пересмо- тре законодательства на предмет обеспечения соответствующих правовых гарантий

63 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

поддержки гендерного равенства в соответствии с обязательствами, принятыми в рам- ках ОБСЕ, и другими обязательствами; • БДИПЧ будет оказывать помощь в разработке и осуществлении конкретных программ и мероприятий по поддержке прав женщин, повышению роли женщин на всех уровнях принятия решений и содействию равенству между женщинами и мужчинами повсюду в регионе ОБСЕ, в частности посредством образования и повышения осведомленности о гендерных проблемах; • БДИПЧ будет содействовать осуществлению и оценке национальных стратегий и пла- нов действий, предусматривающих меры по поддержке гендерного равенства и система- тическому учету гендерной проблематики; (…)

(d) Обеспечение равных возможностей для участия женщин в политической и обществен- ной жизни • БДИПЧ будет содействовать государствам-участникам в разработке эффективных мер по обеспечению равноправного участия женщин в демократических процессах и оказы- вать помощь в разработке оптимальной практики их осуществления; • БДИПЧ и операции ОБСЕ на местах будут по мере необходимости содействовать наращи- ванию на местах экспертного и иного потенциала в гендерной области, а также формиро- ванию сетей, объединяющих лидеров местной общественности и политических деятелей; • БДИПЧ будет продолжать оказывать государствам-участникам содействие в вовлечении женщин в политическую жизнь. В рамках своих миссий по наблюдению за выборами оно будет и впредь отслеживать участие женщин в электоральных процессах и представлять информацию на эту тему. Кроме того, БДИПЧ будет по мере возможности обеспечивать подготовку и публикацию докладов, специально посвященных анализу положения жен- щин в контексте электоральных процессов;

(g) Создание национальных механизмов для улучшения положения женщин • БДИПЧ будет и впредь по мере необходимости предоставлять «ноу-хау» и оказывать под- держку в области построения демократических институтов для обеспечения гендерного равенства, таких, как бюро омбудсменов местного и национального уровня; • БДИПЧ будет облегчать диалог и сотрудничество между гражданским обществом, сред- ствами массовой информации и государством по вопросам учета гендерной проблематики.

VI. Дополнительные задачи, относящиеся к борьбе с торговлей людьми

Вена, 2000 г. (Решение об активизации усилий ОБСЕ по борьбе c торговлей людьми)

Совет министров (…)

7. Призывает институты ОБСЕ, и в частности БДИПЧ, а также операции на местах разра- батывать и осуществлять программы противодействия торговле людьми и способство- вать скоординированным усилиям в области предупреждения, судебного преследования и защиты совместно с неправительственными организациями, международными органи- зациями и другими соответствующими институтами;

64 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(…)

13. Призывает Секретариат ОБСЕ в сотрудничестве с БДИПЧ усилить подготовку по вопро- 2 сам борьбы с торговлей людьми в рамках вводных программ для персонала ОБСЕ на местах в целях повышения его способности следить за положением дел с торговлей людьми, докла- дывать об этом и предпринимать шаги по решению этой проблемы в рамках регулярной деятельности ОБСЕ; а также повышать в рамках институтов ОБСЕ и среди персонала ОБСЕ осведомленность о проблемах, связанных с торговлей людьми; доступ к этим учебным про- граммам должен быть предоставлен также государствам-участникам и другим междуна- родным организациям; (…)

III. Расследование, правоприменение и судебное преследование (…)

9. Обзор и реформа законодательства 9.1 БДИПЧ и, в соответствующих случаях, структуры на местах будут продолжать поощ- рять и поддерживать усилия по обзору и реформированию законодательства в соответ- ствии с международными стандартами. (…)

10.4 БДИПЧ в рамках оказываемого им содействия в разработке национальных механизмов передачи и рассмотрения дел будет продолжать поощрять сотрудничество между правоох- ранительными органами и гражданским обществом и способствовать ему. (…)

12. Подготовка кадров 12.1 БДИПЧ и Группа ОБСЕ по стратегическим вопросам полицейской деятельности будут продолжать разрабатывать учебные материалы для сотрудников правоохранительных орга- нов на тему расследования преступлений, связанных с торговлей людьми, и половых пре- ступлений, консультироваться с Международной правоохранительной академией (МПА) в Будапеште относительно возможностей включения такой учебы в программы МПА, под- бирать инструкторов для проведения занятий по вопросам правоохранительной работы и способствовать финансированию учебных занятий для сотрудников правоохранитель- ных органов в государствах-участниках ОБСЕ.

IV. Предупреждение торговли людьми

8. Повышение осведомленности 8.1 БДИПЧ и, где это целесообразно, операции на местах будут и далее вносить вклад в исследовательскую работу, наряду с поощрением и осуществлением инициатив по повы- шению осведомленности во взаимодействии с соответствующими партнерами повсюду в регионе ОБСЕ.

65 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

8.2 (…) БДИПЧ активизирует проведение учебных мероприятий, посвященных ответствен- ности средств массовой информации за тактичное освещение темы торговли людьми, не приводящее к укреплению негативных стереотипов. В ходе учебной подготовки акцент будет сделан на том, что торговля людьми представляет собой сложное явление и для про- тиводействия ей необходим комплексный подход.

V. Защита и помощь

11. Национальный механизм передачи и рассмотрения дел 11.1 Активизировать деятельность ОБСЕ, и особенно БДИПЧ, в целях оказания государ- ствам-участникам по их просьбе помощи в создании НМПР. 11.2 Поручить группе ОБСЕ по стратегическим вопросам полицейской деятельности совместно с БДИПЧ дальнейшую разработку руководства или пособия по выявлению предполагаемых жертв и сбору доказательств ТЛ в целях оказания, по мере необходимо- сти, помощи государствам-участникам. (…)

14. Подготовка кадров (…) 14.2 Поручить БДИПЧ сбор и распространение информации о мерах, учебных программах и материалах, уже существующих в государствах-участниках ОБСЕ.

15. Законодательные меры 15.1 Координируя свои действия с Управлением ООН по наркотикам и преступности, Советом Европы и другими соответствующими участниками, БДИПЧ будет продолжать оказывать государствам-участникам по их просьбе помощь в приведении их националь- ного законодательства в соответствие с международными нормами и стандартами, прежде всего за счет поощрения гуманного и основанного на сострадании подхода к жертвам ТЛ.

VI. Механизмы осуществления дальнейших шагов и координации действий

7. Поручает БДИПЧ оказывать государствам-участникам, когда это целесообразно, необ- ходимую техническую помощь в разработке национальных планов действий по борьбе с торговлей людьми, включая меры содействия в законодательной и иных областях, направ- ленные на эффективное предотвращение и пресечение торговли людьми и защиту ее жертв. (…)

9. Поручает БДИПЧ развивать далее его функции центра по обмену информацией, поддер- жанию контактов, распространению материалов и передового опыта, а также активизиро- вать его деятельность по проектам.

66 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

VII. Дополнительные задачи, относящиеся к борьбе с терроризмом

Бухарест, 2001 г. (Приложение к Решению № 1 о Борьбе c терроризмом; Бухарестский 2 план действий по борьбе с терроризмом)

II. Международные юридические и политические обязательства (…)

6. Бюро по демократическим институтам и правам человека (БДИПЧ): в тесном сотруд- ничестве с другими организациями, включая Управление ООН по контролю над наркоти- ками и предупреждению преступности (УКНПП ООН), будет на основании официальных запросов заинтересованных государств-участников и по мере необходимости оказывать техническую помощь/консультационные услуги по законодательному оформлению рати- фикации международных документов. (…)

III. Превентивные меры против терроризма в регионе ОБСЕ (…)

10. Построение институтов, укрепление верховенства закона и органов государственной власти. БДИПЧ: по просьбе государств будет продолжать и наращивать усилия по утверж- дению и содействию в построении демократических институтов, в частности, путем ока- зания помощи в укреплении административного потенциала, местных и центральных государственных и парламентских структур, судебной системы, институтов омбудсмена и гражданского общества; будет содействовать в этой связи обмену между государства- ми-участниками наилучшей практикой и опытом; будет и далее разрабатывать проекты по упрочению демократических институтов, гражданского общества и надлежащей прак- тики государственного управления; (…)

Укрепление национального антитеррористического законодательства: (…)

18. БДИПЧ: по просьбе заинтересованных государств-участников в соответствующих слу- чаях будет оказывать техническую помощь/консультационные услуги в вопросах осу- ществления международных конвенций и протоколов по борьбе с терроризмом, а также приведения этого законодательства в соответствие с международными нормами согласно решениям Постоянного совета и стремиться в этих целях к сотрудничеству с другими орга- низациями, особенно с УКНПП ООН; рассмотрит пути облегчения контактов между наци- ональными экспертами с целью содействия обмену информацией и наилучшей практикой, связанной с законодательством по противодействию терроризму. (…)

Поддержка правоохранительной деятельности и борьба с организованной преступностью (…)

22. БДИПЧ: будет и впредь консультировать государства-участники по их просьбе по вопросам укрепления обеспечивающих верховенство закона внутренних правовых меха- низмов и институтов, таких, как правоохранительные органы, суды и органы прокуратуры,

67 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

ассоциации юристов и адвокаты; будет расширять свою деятельность по борьбе с торговлей людьми и оказывать поддержку жертвам такой торговли; будет в соответствующих слу- чаях поддерживать проведение тюремной реформы и совершенствование уголовно-про- цессуальных норм.

Любляна, 2005 г. (Заявление министров о международной конвенции о борьбе с актами ядерного терроризма)

1. Мы, министры иностранных дел государств – участников ОБСЕ, приветствуем принятие Генеральной ассамблеей Организации Объединенных Наций Международной конвенции о борьбе с актами ядерного терроризма. (…)

4. Мы настоятельно призываем (…) Бюро ОБСЕ по демократическим институтам и пра- вам человека оказывать ходатайствующим государствам-участникам по их официальной просьбе и по мере необходимости техническое содействие/консультационные услуги по безотлагательной ратификации, принятию или утверждению этой Международной кон- венции, в тесном сотрудничестве с Управлением Организации Объединенных Наций по наркотикам и преступности. (…)

Мадрид, 2007 г. (Заявление Cовета министров о поддержке Глобальной контртеррористической стратегии Организации Объединенных Наций) (…)

22. Бюро по демократическим институтам и правам человека продолжит оказывать помощь государствам-участникам по их просьбе для обеспечения соответствия всех их инициатив по противодействию терроризму нормам по защите прав человека согласно их обязатель- ствам по ОБСЕ. БДИПЧ будет и далее предлагать техническую помощь и консультации по вопросам обеспечения соблюдения прав человека при разработке законопроектов и осу- ществлении национального законодательства, направленного на противодействие угро- зам, исходящим от терроризма, насильственного экстремизма и радикализации, которые приводят к терроризму, и продолжит оказывать содействие диалогу между государствами и негосударственными субъектами по поиску сфер для сотрудничества и взаимной помощи; (…)

B. Верховный комиссар по делам национальных меньшинств

Хельсинки, 1992 г. (Решения: II. Верховный комиссар СБСЕ по делам национальных меньшинств)

(1) Государства-участники принимают решение учредить пост Верховного комиссара по делам национальных меньшинств.

Мандат

(2) Верховный комиссар будет действовать под эгидой КСДЛ и, таким образом, способство- вать предотвращению конфликтов по возможности на самом раннем этапе.

68 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(3) Верховный комиссар будет обеспечивать, по возможности на самом раннем этапе, «ран- нее предупреждение» и, в соответствующих случаях, «срочные действия» в отношении свя- занных с проблемами национальных меньшинств напряженных ситуаций, которые еще не 2 вышли из стадии раннего предупреждения, но потенциально способны, по мнению Вер- ховного комиссара, перерасти в конфликт в регионе СБСЕ, затрагивающий мир, стабиль- ность или отношения между государствами-участниками, и требуют внимания и действий Совета или КСДЛ.

(4) В рамках этого мандата, основанного на принятых в СБСЕ принципах и обязательствах, Верховный комиссар будет проводить работу конфиденциально и действовать независимо от всех сторон, непосредственно вовлеченных в такие напряженные ситуации. (5а) Верховный комиссар будет рассматривать проблемы национальных меньшинств, возни- кающие в том государстве, гражданином которого он является или на территории которого он постоянно проживает, а также проблемы, затрагивающие национальное меньшинство, к которому он принадлежит, только при наличии согласия всех непосредственно причаст- ных сторон, включая государство, о котором идет речь. (5b) Верховный комиссар не будет рассматривать вопросы национальных меньшинств в ситуациях, связанных с организованными актами терроризма. (5с) Верховный комиссар не будет также рассматривать нарушения обязательств по СБСЕ в отношении отдельных лиц, принадлежащих к тому или иному национальному мень- шинству.

(6) При рассмотрении той или иной ситуации Верховный комиссар будет в полной мере учитывать наличие демократических средств и международных инструментов для целей ее урегулирования, а также их использование заинтересованными сторонами.

(7) В тех случаях, когда до сведения КСДЛ доводится конкретный вопрос, касающийся национального меньшинства, для подключения Верховного комиссара к рассмотрению данного вопроса потребуется соответствующая просьба и конкретный мандат от КСДЛ.

Общие сведения, назначение, поддержка

(8) Пост Верховного комиссара будут занимать видные международные деятели с соответ- ствующим обширным опытом, от которых можно ожидать беспристрастности в осущест- влении порученных функций.

(9) Назначение Верховного комиссара будет производиться Советом на основе консенсуса по рекомендации КСДЛ на период в три года, который может быть продлен не более чем на один трехлетний срок.

(10) Верховный комиссар будет использовать технические средства и возможности БДИПЧ в Варшаве и, в частности, имеющуюся в распоряжении БДИПЧ информацию по всем аспек- там проблемы национальных меньшинств.

Раннее предупреждение

(11) Верховный комиссар будет: (11а) собирать и получать из источников, о которых говорится ниже (см. пункты (23)-(25) Дополнения), информацию по вопросам национальных меньшинств;

69 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

(11b) осуществлять оценку, по возможности на самом раннем этапе, роли непосредственно заинтересованных сторон, характера напряженности и связанных с ней последний собы- тий, а также, когда это возможно, потенциальных последствий для мира и стабильности в регионе СБСЕ; (11с) с этой целью иметь возможность посещать в соответствии с пунктом (17), а также пун- ктами (27)-(30) Дополнения любое из государств-участников и лично вступать в контакт, с учетом положений пункта (25), с непосредственно заинтересованными сторонами для получения из первых рук информации о положении национальных меньшинств.

(12) Во время посещения государства-участника при получении из первых рук информации от всех непосредственно участвующих сторон Верховный комиссар может обсуждать со сторонами соответствующие вопросы, и при необходимости содействовать диалогу, укре- плению доверия и сотрудничеству между ними.

Обеспечение раннего предупреждения

(13) Если на основе обменов сообщениями и контактов с соответствующими сторонами Верховный комиссар приходит к выводу о том, что налицо опасность потенциального кон- фликта (как это изложено в пункте (3)), он/она может выступить с ранним предупрежде- нием, которое будет оперативно передано КСДЛ действующим Председателем.

(14) Действующий Председатель включит это раннее предупреждение в повестку дня следу- ющей встречи КСДЛ. Если какое-либо из государств решит, что такое раннее предупрежде- ние требует оперативного проведения консультаций, оно может прибегнуть к процедуре, изложенной в Приложении 2 Резюме выводов Берлинской встречи Совета («Чрезвычай- ный механизм»).

(15) Верховный комиссар разъяснит КСДЛ причины обращения с ранним предупреждением.

Срочные действия

(16) Верховный комиссар может рекомендовать предоставить ему/ей полномочия для установления дальнейших контактов и проведения более обстоятельных консультаций с заинтересованными сторонами с целью поиска возможных решений согласно мандату, утверждаемому КСДЛ. КСДЛ может принять соответствующее решение.

Подотчетность

(17) До поездки в какое-либо из государств-участников с целью рассмотрения напряжен- ной ситуации, связанной с национальными меньшинствами, Верховный комиссар проведет консультации с действующим Председателем. Действующий Председатель в конфиденци- альном порядке проконсультируется с соответствующим(и) государством-участником (госу- дарствами-участниками), а также может провести более широкие консультации.

(18) После посещения государства-участника Верховный комиссар представит действую- щему Председателю строго конфиденциальный отчет об установленных им фактах и ходе его работы по решению данного конкретного вопроса.

(19) После завершения своей работы над тем или иным конкретным вопросом Верховный комиссар представит действующему Председателю отчет об установленных им фактах, результатах и выводах. В месячный срок действующий Председатель в конфиденциальном

70 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

порядке проведет с соответствующим(и) государством-участником (государствами-участ- никами) консультации относительно установленных фактов, результатов и выводов, а также может провести более широкие консультации. После этого отчет вместе с возможными 2 замечаниями будет передан КСДЛ.

(20) Если Верховный комиссар придет к выводу, что ситуация перерастает в конфликт, либо сочтет, что возможности в плане приложения его усилий исчерпаны, он соответственно информирует об этом КСДЛ через действующего Председателя.

(21) В случае подключения КСДЛ к рассмотрению того или иного конкретного вопроса Вер- ховный комиссар предоставит информацию, а также, по запросу, рекомендацию КСДЛ или любому другому учреждению или организации, которым КСДЛ может предложить в соот- ветствии с положениями главы III настоящего документа предпринять шаги в отношении данной напряженной ситуации или конфликта.

(22) Верховный комиссар при наличии соответствующей просьбы со стороны КСДЛ и с должным учетом требования о конфиденциальности осуществления его/ее мандата будет предоставлять информацию о своей деятельности на совещаниях СБСЕ по рассмо- трению выполнения, посвященных вопросам человеческого измерения.

Дополнение

Источники информации по вопросам национальных меньшинств

(23) Верховный комиссар может: (23а) собирать и получать из любого источника, в том числе от средств массовой инфор- мации и неправительственных организаций, за исключением указанных в пункте (25), информацию о положении национальных меньшинств и роли причастных к нему сторон; (23b) получать конкретные доклады от непосредственно причастных сторон о событиях, связанных с вопросами национальных меньшинств. В их число могут входить доклады о нарушениях обязательств по СБСЕ в отношении национальных меньшинств, а также других нарушениях в связи с вопросами национальных меньшинств.

(24) Такие конкретные доклады, направляемые Верховному комиссару, должны отвечать следующим требованиям: • они должны быть представлены в письменном виде, адресованы лично Верховному комис- сару и подписаны, с указанием фамилии, имени и адреса полностью; • они должны содержать фактический отчет о недавних, в основном произошедших не более года назад событиях, которые касаются положения лиц, принадлежащих к националь- ным меньшинствам, а также роли причастных сторон. В докладах должна содержаться информация, которая может быть подкреплена достаточно убедительными фактами.

(25) Верховный комиссар не будет поддерживать контакты с любыми лицами или органи- зациями, прибегающими к терроризму или насилию либо открыто поддерживающими их, равно как и принимать представленные ими сообщения.

Непосредственно заинтересованные стороны

(26) Непосредственно заинтересованными сторонами, вовлеченными в напряженную ситуа- цию, которые могут представлять Верховному комиссару конкретные доклады и с которыми

71 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Верховный комиссар будет стремиться лично вступить в контакт во время посещения госу- дарства-участника, являются: (26а) правительства государств-участников, включая в соответствующих случаях регио- нальные и местные власти в районах проживания национальных меньшинств; (26b) представители ассоциаций, неправительственных организаций, религиозных и дру- гих групп непосредственно заинтересованных и находящихся в районе напряженности национальных меньшинств, уполномоченные лицами, принадлежащими к этим нацио- нальным меньшинствам, представлять их интересы. Условия поездок Верховного комиссара

(27) До осуществления намеченного посещения Верховный комиссар будет предоставлять соответствующему государству-участнику конкретную информацию о намеченной цели этого посещения. В двухнедельный срок соответствующее(ие) государство(а) проведет(ут) консультации с Верховным комиссаром в отношении задач этого посещения, которые могут включать содействие диалогу, укреплению доверия и сотрудничеству между сторонами. По прибытии Верховного комиссара соответствующее государство будет оказывать ему содей- ствие в обеспечении беспрепятственных поездок и общения с учетом положений пункта (25), который приводится выше.

(28) Если соответствующее государство не предоставит Верховному комиссару возмож- ность въезда в страну, а также беспрепятственного перемещения и общения, то Верхов- ный комиссар проинформирует об этом КСДЛ.

(29) В ходе такого посещения, с учетом положений пункта (25), Верховный комиссар может проводить консультации с участвующими сторонами и получать конфиденциально от любого из непосредственно заинтересованных лиц, групп или организаций информацию по вопросам, которыми занимается Верховный комиссар. Верховный комиссар будет соблю- дать конфиденциальный характер этой информации.

(30) Государства-участники будут воздерживаться от принятия каких-либо мер против лиц, организаций или учреждений по причине их контактов с Верховным комиссаром.

Верховный комиссар и участие экспертов

(31) Верховный комиссар может решить запросить помощь не более чем трех экспертов, обла- дающих соответствующим специальным опытом и знаниями по конкретным вопросам, для решения которых требуются краткое специализированное исследование и консультации.

(32) Если Верховный комиссар решит обратиться к экспертам, то он четко определит их мандат и сроки работы.

(33) Посещение экспертами государства-участника будет проходить исключительно в то же время, что и его посещение Верховным комиссаром. Их мандат будет являться неотъ- емлемой частью мандата Верховного комиссара, а их поездки будут осуществляться на тех же условиях.

(34) Консультативные заключения и рекомендации, запрошенные у экспертов, будут пред- ставляться Верховному комиссару в конфиденциальном порядке, и он будет нести ответ- ственность за деятельность и доклады экспертов и принимать решение о том, передавать ли консультативные заключения и рекомендации заинтересованным сторонам, и если да, то в какой форме. Консультативные заключения и рекомендации не будут носить обязательного

72 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

характера. Если Верховный комиссар решит передать такие консультативные заключения и рекомендации заинтересованному(ым) государству(ам), то им будет предоставлена воз- можность высказать по ним свои соображения. 2 (35) Эксперты будут отбираться Верховным комиссаром при содействии БДИПЧ из спи- ска кандидатов, составленного в БДИПЧ, как это предусмотрено в Документе Москов- ского совещания.

(36) В число экспертов не будут входить граждане заинтересованного государства-участ- ника или лица, постоянно проживающие на его территории, равно как и любое лицо, назна- ченное заинтересованным государством, или любой эксперт, в отношении которого этим государством-участником ранее высказывались оговорки. В число экспертов не будут вхо- дить собственные граждане этого государства-участника или лица, постоянно проживаю- щие на его территории, или же кто-либо из лиц, предложенных им для включения в список кандидатов, а также более одного гражданина конкретного государства или лица, посто- янно проживающего на территории любого конкретного государства.

Стокгольм, 1992 г. (Решения: 3. Верховный комиссар по делам национальных меньшинств)

(…) Министры высказались в поддержку Верховного комиссара и выразили готовность сотрудничать с ним при решении стоящей перед ним сложной, но весьма важной задачи выявления на возможно более ранней стадии и сдерживания масштабов трений по вопро- сам, которые связаны с национальными меньшинствами и потенциально могут перерасти в конфликт в районе СБСЕ.

Министры призвали Верховного комиссара вести тщательное изучение потенциальных районов напряженности, посещать любые государства-участники и проводить широкие обсуждения на всех уровнях со сторонами, непосредственно вовлеченными в такие ситу- ации. В этой связи Верховный комиссар может обсуждать стоящие вопросы со сторонами и, в соответствующих случаях, содействовать развитию диалога, доверия и сотрудничества между ними на всех уровнях с целью содействовать достижению политических решений в соответствии с принципами и обязательствами, принятыми в рамках СБСЕ.

Министры обязались предоставлять Верховному комиссару имеющуюся в их распоряже- нии соответствующую информацию по вопросам национальных меньшинств, полностью уважая независимость Верховного комиссара в соответствии с мандатом.

Рим, 1993 г. (Решения: III. Верховный комиссар по делам национальных меньшинств)

Учитывая тесную взаимосвязь между вопросами, касающимися национальных меньшинств и предотвращения конфликтов, министры предложили Верховному комиссару по делам национальных меньшинств (ВКНМ) продолжить свои усилия в рамках его мандата (…) Министры подчеркнули важность полного сотрудничества государств-участников с Вер- ховным комиссаром, а также поддержки в деятельности по осуществлению предложенных им рекомендаций (…)

73 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Бухарест, 2001 г. (Решение № 5/01)

Совет министров, (…)

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

III. Борьба с расизмом и дискриминацией

Законодательство и правоохранительная деятельность

Рекомендуемые действия институтов и структур ОБСЕ: (…)

21. ВКНМ в рамках своего мандата будет и впредь следить за разработкой антидискрими- национного законодательства и по мере необходимости консультировать государства-у- частники и оказывать им содействие в этом вопросе.

Полиция

Рекомендуемые действия институтов и структур ОБСЕ: (…)

Средства массовой информации

Рекомендуемые действия институтов и структур ОБСЕ: (…)

42. ВКНМ будет и далее разрабатывать и распространять адресованные директивным орга- нам руководства, касающиеся использования государственных вещательных компаний в поликультурном обществе – в частности, с целью усилить поддержку таких компаний, вещающих для меньшинств, в том числе для рома и синти, и расширить их доступ к сред- ствам массовой информации.

74 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

V. Улучшение доступа к образованию

Рекомендуемые действия институтов и структур ОБСЕ: 2 85. ВКНМ будет побуждать государства-участники к выполнению их обязательств, касаю- щихся обеспечения всем членам общества свободного и равного доступа к государствен- ному образованию, а также будет побуждать их принимать меры по улучшению положения рома и синти в этом плане.

86. ВКНМ будет продолжать формулировать руководящие принципы, касающиеся моде- лей образования, содержания учебных программ, обучения родным языкам и преподава- ния на этих языках, включая цыганский язык.

VI. Расширение участия в общественно-политической жизни

Рекомендуемые действия институтов и структур ОБСЕ: (…)

104. ВКНМ в рамках своего мандата будет продолжать консультировать государства отно- сительно соответствующих путей и средств содействия участию рома и синти во всех сфе- рах общественной жизни.

VII. Рома и синти в кризисных и послекризисных ситуациях (…)

Рекомендуемые действия институтов и структур ОБСЕ: (…)

117. ВКНМ будет продолжать осуществлять свой мандат по предотвращению конфликтов на возможно более раннем этапе.

София, 2004 г. (Приложение к Решению № 14/04, План действий ОБСЕ 2004 года по поддержке гендерного равенства)

(d) Обеспечение равных возможностей для участия женщин в политической и обществен- ной жизни (…) • Верховный комиссар по делам национальных меньшинств (ВКНМ) будет рассматри- вать конкретные вопросы, касающиеся роли женщин, принадлежащих к национальным меньшинствам, в общественной и частной жизни и будет в рамках политики и проек- тов, разрабатываемых его Бюро, предпринимать необходимые шаги для борьбы с двой- ной дискриминацией, которой подвергаются эти женщины, делая это в соответствующих случаях в контексте своего мандата по предотвращению конфликтов;

75 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

C. Представитель по вопросам свободы средств массовой информации

Копенгаген, 1997 г. (Приложение 1) Решение № 193 Постоянного совета, Мандат представителя ОБСЕ по вопросам свободы средств массовой информации)

1. Государства-участники вновь подтверждают принципы и обязательства, принятые ими в отношении свободы средств массовой информации (СМИ). Они, в частности, напоминают о том, что свобода выражения своего мнения является одним из основных международно признанных прав человека и основополагающих элементов демократического общества и что наличие свободных, независимых и плюралистичных средств массовой информации представляет собой необходимое условие существования свободного и открытого обще- ства и подотчетной ему системы правления. Принимая во внимание принципы и обяза- тельства, которые государства-участники приняли в рамках ОБСЕ, и будучи в полной мере приверженными выполнению положений пункта 11 Декларации Лиссабонской встречи на высшем уровне, они постановляют учредить под эгидой Постоянного совета пост Пред- ставителя ОБСЕ по вопросам средств массовой информации. Это делается с целью более полного выполнения соответствующих принципов и обязательств ОБСЕ, а также повыше- ния эффективности совместных действий государств-участников на базе их общих ценно- стей. Государства-участники подтверждают свое намерение в полной мере сотрудничать с Представителем ОБСЕ по вопросам свободы средств массовой информации. Он будет оказывать государствам-участникам помощь, в духе сотрудничества, в дальнейшем пре- творении в жизнь их приверженности развитию свободных, независимых и плюралистич- ных средств массовой информации.

2. Основываясь на принципах и обязательствах ОБСЕ, Представитель ОБСЕ по вопросам свободы средств массовой информации будет наблюдать за происходящим в этой связи в области средств массовой информации во всех государствах-участниках, а также, с уче- том этого и в тесном взаимодействии с Действующим председателем, будет поддерживать и поощрять полное соблюдение принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и свободы средств массовой информации. В этом отношении он будет выполнять функции раннего предупреждения. Он будет заниматься рассмо- трением серьезных проблем, связанных, помимо прочего, с созданием помех для работы средств массовой информации и неблагоприятных условий для деятельности журналистов. Он будет работать в тесном взаимодействии с государствами-участниками, Постоянным советом, Бюро по демократическим институтам и правам человека (БДИПЧ), Верховным комиссаром по делам национальных меньшинств и, в соответствующих случаях, с другими структурами ОБСЕ, а также с национальными и международными союзами журналистов.

3. Руководствуясь положениями данного пункта, Представитель ОБСЕ по вопросам сво- боды средств массовой информации будет направлять свои основные усилия на оперативное реагирование на случаи серьезного несоблюдения государствами-участниками принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и свободы средств массовой информации. Получив сигнал о серьезном несоблюдении этих принципов и обя- зательств, Представитель ОБСЕ по вопросам свободы средств массовой информации будет устанавливать в надлежащем порядке непосредственный контакт с представителями соот- ветствующего государства-участника и с другими заинтересованными сторонами, произ- водить анализ фактов, оказывать помощь государству-участнику и содействовать решению проблемы. Он будет систематически информировать Действующего председателя о своей деятельности и докладывать Постоянному совету о достигнутых результатах, своих заме- чаниях и рекомендациях.

76 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

4. Представитель ОБСЕ по вопросам свободы средств массовой информации не выполняет юридических функций, а его деятельность ни в коей мере не может предопределять приме- нение национальных или международных юридических процедур в связи с заявлениями 2 о нарушении прав человека. В свою очередь, совсем не обязательно, что применение нацио- нальных или международных процедур в связи с заявлениями о нарушении прав человека будет препятствовать выполнению им своих функций в соответствии с настоящим мандатом.

5. Представитель ОБСЕ по вопросам свободы средств массовой информации вправе собирать и получать сведения о положении средств массовой информации из всех заслуживающих доверия источников. Он, в частности, будет опираться на информацию и оценки, поступаю- щие от БДИПЧ. Представитель ОБСЕ по вопросам свободы средств массовой информации будет оказывать БДИПЧ помощь в оценке условий для работы свободных, независимых и плюралистичных средств массовой информации в период до, во время и после выборов.

6. Представитель ОБСЕ по вопросам свободы средств массовой информации вправе в любое время собирать и получать от государств-участников и других заинтересованных сторон (например, от организаций или институтов, СМИ и их представителей и соответствую- щих НПО) запросы, предложения и соображения, касающиеся укрепления и дальней- шего повышения эффективности соблюдения соответствующих принципов и обязательств ОБСЕ, в том числе в связи с сообщениями о серьезных проявлениях нетерпимости со сто- роны государств-участников, использующих СМИ в нарушение принципов, зафиксирован- ных в пункте 25 главы VIII Будапештского документа и части X Решений Римской встречи Совета СБСЕ. Он может передавать запросы, предложения и соображения на рассмотре- ние Постоянного совета, сопровождая их, в случае необходимости, рекомендациями отно- сительно дальнейших действий.

7. Кроме того, Представитель ОБСЕ по вопросам свободы средств массовой информации будет систематически проводить консультации с Действующим председателем и на регу- лярной основе представлять доклады Постоянному совету. Он может приглашаться на Постоянный совет для представления докладов в соответствии с настоящим мандатом по конкретным вопросам, касающимся свободы выражения своего мнения и свободных, неза- висимых и плюралистичных средств массовой информации. Он будет ежегодно представ- лять на совещании по рассмотрению выполнения, посвященном вопросам человеческого измерения, или на совещании ОБСЕ по обзору доклад о положении дел с выполнением принципов и обязательств ОБСЕ, касающихся свободы выражения своего мнения и сво- боды средств массовой информации, в государствах-участниках ОБСЕ.

8. Представитель ОБСЕ по вопросам свободы средств массовой информации не будет под- держивать контактов с любыми лицами или организациями, применяющими или публично оправдывающими террористические или насильственные методы, и не будет отвечать на их обращения.

9. Представителем ОБСЕ по вопросам свободы средств массовой информации будет видный международный деятель с многолетним опытом работы, связанной с данной областью, от которого будет ожидаться непредвзятое выполнение возложенных на него функций. При исполнении своих обязанностей Представитель ОБСЕ по вопросам свободы средств мас- совой информации будет руководствоваться своим самостоятельным и объективным тол- кованием соответствующих положений настоящего мандата.

10. Представитель ОБСЕ по вопросам свободы средств массовой информации будет рассматривать серьезные случаи, относящиеся к настоящему мандату и возникающие

77 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

в государстве-участнике, гражданином которого он является или в котором он проживает на постоянной основе, только при условии согласия на это всех непосредственно вовле- ченных сторон, включая заинтересованное государство-участник. При отсутствии такого согласия вопрос будет передаваться на рассмотрение Действующего председателя, который может назначить специального представителя по этому конкретному случаю.

11. Представитель ОБСЕ по вопросам свободы средств массовой информации будет сотрудничать – путем поддержания регулярных контактов – с соответствующими между- народными организациями, включая Организацию Объединенных Наций и ее специали- зированные учреждения, а также Совет Европы, в целях улучшения координации действий и избежания дублирования в работе.

12. Представитель ОБСЕ по вопросам свободы средств массовой информации будет назна- чаться в соответствии с процедурами ОБСЕ Советом министров по рекомендации Действу- ющего председателя по итогам консультаций с государствами-участниками. Назначение производится на срок в три года с возможным однократным продлением в том же порядке еще на три года. (…)

14. Бюро Представителя ОБСЕ по вопросам свободы средств массовой информации будет размещаться в Вене.

Бухарест, 2001 г. (Приложение к Решению № 1 о Борьбе c терроризмом; Бухарестский план действий по борьбе с терроризмом)

11. Утверждение прав человека, терпимости и поликультурности: (…)

12. Представитель по вопросам свободы средств массовой информации: рассмотрит вопрос о разработке проектов, направленных на утверждение терпимости по отношению к людям других убеждений и верований путем использования средств массовой информации; будет способствовать принятию мер по недопущению в средствах массовой информации про- явлений агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма и борьбе с ними; будет и далее стимулировать дискуссии в духе плюрализма и побуждать средства массовой информации уделять больше внимания пропаганде терпимого отно- шения к этническому, религиозному, языковому и культурному многообразию и в этом контексте будет способствовать широкому доступу общественности к средствам массо- вой информации, а также проявлять бдительность в отношении разжигания ненависти. (…)

19. Поддержка правоохранительной деятельности и борьба с организованной преступно- стью: (…)

23. Представитель по вопросам свободы средств массовой информации: будет по запросам участвовать в поддержке усилий по выработке законодательства о недопущении исполь- зования информационных технологий в целях террористической деятельности при обе- спечении соответствия таких законов обязательствам, касающимся свободы выражения мнений и свободы потоков информации.

78 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

Бухарест, 2001 г. (Решение № 5/01)

Совет министров, 2 (…)

Маастрихт, 2003 г. (Приложение к Решению № 3/03, План действий по улучшению положения рома и синти в регионе ОБСЕ)

Средства массовой информации

Рекомендуемые действия институтов и структур ОБСЕ:

40. ПССМИ следует рассмотреть вопрос об оказании содействия в проведении учебных семинаров для журналистов-цыган.

София, 2004 г. (Приложение к Решению № 12/04 Толерантность и недискриминация; Решение Постоянного совета № 633: Содействие толерантности и свободе СМИ в интернете)

4. Представитель ОБСЕ по вопросам свободы средств массовой информации будет и впредь играть активную роль в содействии обеспечению как свободы выражения, так и доступа в Интернет и будет продолжать наблюдать за развитием событий в этой связи во всех госу- дарствах-участниках. Представитель будет отстаивать принятые в рамках ОБСЕ принципы и обязательства и содействовать их реализации. Эта деятельность будет включать раннее предупреждение о случаях, когда законы или иные меры, направленные на запрет выска- зываний, мотивированных расистскими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками, применяются дискриминационно или избирательно в силу политических соображений, что может вести к созданию препятствий для выраже- ния альтернативных мнений и взглядов.

79 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

София, 2004 г. (Приложение к Решению № 14/04, План действий ОБСЕ 2004 года по поддержке гендерного равенства)

(d) Обеспечение равных возможностей для участия женщин в политической и обществен- ной жизни – Представитель ОБСЕ по вопросам свободы средств массовой информации (ПССМИ) будет чутко реагировать на сигналы о серьезных проявлениях нетерпимости по отношению к женщинам и о случаях подстрекательства к гендерной дискриминации в сред- ствах массовой информации государств-участников или со стороны этих СМИ, в соответ- ствии с главой 6 мандата ПССМИ. Представитель будет доводить такие случаи до сведения государств-участников в регулярно подготавливаемых им докладах.

Брюссель, 2006 г. (Решение № 13/06 Борьба с нетерпимостью и дискриминацией и содействие взаимному уважению и пониманию)

Совет министров, (…)

15. Побуждает Представителя по вопросам свободы средств массовой информации рассмо- треть в рамках имеющихся ресурсов наилучшую практику в вопросах его/ее компетенции, связанной с борьбой с нетерпимостью; (…)

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) (…)

По случаю 10-летия Бюро Представителя по вопросам свободы средств массовой инфор- мации мы признаем деятельность этого института в направлении продвижения незави- симых и плюралистических СМИ, являющихся важнейшим условием для существования свободного и открытого общества и подотчетных государственных институтов. Мы при- зываем государства-участники и партнеров по сотрудничеству к созданию условий, бла- гоприятствующих деятельности свободных и независимых СМИ. (…)

Милан, 2018 г. (Решение № 3/18 Безопасность журналистов) (…)

призывает государства-участники: (…)

13. В полной мере сотрудничать с Представителем ОБСЕ по вопросам свободы СМИ, в том числе по вопросу о безопасности журналистов;

80 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

14. Побуждать Представителя ОБСЕ по вопросам свободы СМИ и впредь выступать в соот- ветствии с его мандатом в защиту безопасности журналистов и за ее более эффективное обеспечение во всех государствах-участниках ОБСЕ. 2 D. Секретариат, Специальный представитель по борьбе с торговлей людьми

Брюссель, 2006 г. (Решение № 3/06 Борьба с торговлей людьми)

Совет министров, (…)

напоминая о решении № 2/03 одиннадцатой встречи Совета министров в Маастрихте о борьбе с торговлей людьми, согласно которому под эгидой Постоянного совета был учре- жден механизм ОБСЕ для оказания государствам-участникам помощи в борьбе с торгов- лей людьми,

вновь подтверждая важность наличия надлежащей структуры с адекватными администра- тивно-финансовыми ресурсами, которая может функционировать на политическом уровне,

1. Постановляет преобразовать механизм ОБСЕ для оказания государствам- участни- кам помощи в борьбе с торговлей людьми, учрежденный под эгидой Постоянного совета, в составную часть Секретариата. Эта структура, которую будет возглавлять видный дея- тель, выступающий в качестве специального представителя и представляющий ОБСЕ на политическом уровне, формируется из нанимаемых по контракту и прикомандированных сотрудников, включая тех, которые входят в состав нынешней Группы по содействию борьбе с торговлей людьми, назначаемых или направляемых на службу в соответствии с Положе- ниями и правилами о персонале ОБСЕ;

данная структура должна:

(a) оказывать государствам – участникам ОБСЕ содействие в выполнении обязательств и всемерном применении рекомендаций, содержащихся в Плане действий ОБСЕ по тор- говле людьми, включая Дополнение к нему, касающееся особых потребностей детей, явля- ющихся жертвами торговли людьми, в защите и помощи; (b) обеспечивать координацию усилий ОБСЕ в борьбе с торговлей людьми во всех трех изме- рениях ОБСЕ и действовать в качестве центрального звена в усилиях ОБСЕ в данной области; (c) усиливать сотрудничество между соответствующими властями государств-участников, а также между ОБСЕ и другими соответствующими организациями; (d) повышать общественно-политическую значимость борьбы с торговлей людьми; (e) действовать во всем регионе ОБСЕ и по мере необходимости оказывать государствам-у- частникам – в духе сотрудничества и после консультаций с соответствующими властями заинтересованных государств-участников – содействие в усилиях, направленных на осу- ществление их обязательств по борьбе с торговлей людьми;‑ (f) предоставлять и облегчать консультационное и техническое содействие в сфере разра- ботки законодательства и политики совместно, когда это необходимо, с другими структу- рами ОБСЕ, действующими в данной области; (g) быть готова предоставлять рекомендации органам высокого уровня, представляю- щим законодательную, судебную и исполнительную ветви власти государства-участников,

81 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

и обсуждать с ними осуществление Плана действий ОБСЕ по торговле людьми, включая Дополнение к нему, а также обязательств в области борьбы с торговлей людьми. В кон- кретных случаях, требующих особого внимания, стремиться должным образом вступать в прямые контакты с соответствующими государствами-участниками и обсуждать вопросы оказания при необходимости консультационных услуг и конкретного содействия; (h) сотрудничать с национальными координаторами, национальными докладчиками или иными национальными механизмами, учрежденными государствами- участниками в целях координации и мониторинга действий государственных учреждений в области борьбы с тор- говлей людьми. Она также будет сотрудничать с соответствующими неправительственными организациями в государствах-участниках. Кроме того, она возьмет на себя ответственность в рамках ОБСЕ за организацию и содействие проведению встреч по обмену информацией и опытом между национальными координаторами, представителями, назначенными госу- дарствами-участниками, или экспертами по борьбе с торговлей людьми; (i) тесно сотрудничать с Бюро по демократическим институтам и правам человека (БДИПЧ) и другими институтами ОБСЕ, соответствующими структурами Секретариата, вклю- чая Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), Группой по стратегическим вопросам полицейской деятельности (ГСПД), стар- шим советником по гендерным вопросам, а также, где это необходимо, со структурами ОБСЕ на местах, выполняя координирующую роль и полностью уважая их мандаты. Опи- раясь на существующий в ОБСЕ экспертный потенциал, структуры ОБСЕ, занимающи- еся деятельностью в данной области, будут тесно консультироваться друг с другом и со Специальным представителем во избежание дублирования усилий, для обеспечения их взаимодополняемости и последовательности, а также стремиться по мере необходимости выработать комплексный подход; (j) сотрудничать и стремиться к взаимодополнению усилий с соответствующими меж- дународными субъектами, включая региональные организации, межправительственные учреждения и неправительственные организации; продолжать созывать, организовывать и возглавлять совместные инициативы Союза борьбы с торговлей людьми;

2. Призывает Генерального секретаря и Действующего председателя консультироваться друг с другом относительно назначения видного деятеля, обладающего соответствующим профессиональным и политическим опытом: • Генеральный секретарь, с согласия Председательства и в соответствии с Решением № 15/04, принятым на двенадцатой встрече Совета министров в Софии, назначит указан- ного деятеля координатором (…); • Действующее председательство присвоит координатору функции и звание Специального представителя по борьбе с торговлей людьми, с тем чтобы он мог соответствующим обра- зом представлять ОБСЕ на политическом уровне. С государствами-участниками будут проведены консультации в соответствии с Решением № 8, принятым на десятой встрече Совета министров в Порту;

3. Устанавливает, что Специальный представитель будет политически подотчетен Посто- янному совету и будет на регулярной основе и по мере необходимости представлять ему доклады после консультаций с Действующим председателем и Генеральным секретарем, а также в соответствии с Решением № 13/05, принятым на тринадцатой встрече Совета министров в Любляне; (…)

82 2.3.4 Институты/структуры ОБСЕ, имеющие непосредственное отношение к человеческому измерению

5. Постановляет, что настоящее решение принимается во изменение Решения № 2/03, при- нятого на одиннадцатой встрече Совета министров в Маастрихте, и что Постоянный совет может при необходимости вносить в него изменения. 2 Хельсинки, 2008 г. (Решение № 5/08 Повышение эффективности борьбы с торговлей людьми в рамках уголовного правосудия на базе комплексного подхода)

Совет министров, (…)

13. Поручает Специальному представителю в рамках имеющихся ресурсов и как часть регу- лярной отчетности перед Постоянным советом в сотрудничестве с государствами-участни- ками подготовить рекомендации о путях дальнейшего повышения эффективности борьбы с торговлей людьми в рамках уголовного правосудия.

83 3. Ограничения и отступления 3.1. Характер и рамки законных ограничений

3.1. Характер и рамки законных ограничений

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(21) Государства-участники будут обеспечивать, чтобы осуществление вышеупомянутых прав не могло быть объектом никаких ограничений, кроме тех, которые предусмотрены законом и совместимы с их обязательствами по международному праву, в частности по Международному пакту о гражданских и политических правах, и их международными обя- зательствами, в частности по Всеобщей декларации прав человека. Эти ограничения носят 3 характер исключений. Государства-участники будут обеспечивать, чтобы этими ограниче- ниями не злоупотребляли и чтобы они применялись не произвольно, а так, чтобы обеспе- чивалось эффективное осуществление этих прав.

Копенгаген, 1990 г.

(16) Государства-участники (…) (16.3) подчеркивают, что никакие исключительные обстоятельства, будь то состояние войны или угроза войны, внутренняя политическая нестабильность или любое другое чрезвычай- ное положение, не могут служить оправданием пыток; (…)

(24) (…) Любое ограничение прав и свобод в демократическом обществе должно быть увя- зано с одной из целей применяемого закона и должно быть строго соразмерно предназна- чению этого закона.

3.2. Отступления от обязательств в условиях чрезвычайного положения

Копенгаген, 1990 г.

(16) Государства-участники (16.3) подчеркивают, что никакие исключительные обстоятельства, будь то состояние войны или угроза войны, внутренняя политическая нестабильность или любое другое чрезвычай- ное положение, не могут служить оправданием пыток; (…)

(25) Государства-участники подтверждают, что любое отступление от обязательств, отно- сящихся к правам человека и основным свободам, в условиях чрезвычайного положения должно оставаться строго в пределах, предусмотренных международным правом, в част- ности, соответствующими международными инструментами, участниками которых они

85 3.2. Отступления от обязательств в условиях чрезвычайного положения

являются, особенно в том, что касается прав, от которых не может быть отступлений. Они также подтверждают, что (25.1) меры, представляющие собой отступление от таких обязательств, должны приниматься в строгом соответствии с процедурными требованиями, изложенными в этих инструментах; (25.2) введение чрезвычайного положения должно быть объявлено официально, публично и в соответствии с положениями, закрепленными законом; (25.3) меры, представляющие собой отступление от обязательств, будут строго ограничи- ваться рамками, которых требует острота положения; (25.4) такие меры не повлекут за собой дискриминации исключительно на основе расовой принадлежности, цвета кожи, пола, языка, религии, социального происхождения или при- надлежности к меньшинству.

Москва, 1991 г.

(28) Государства-участники считают важным защищать права человека и основные сво- боды в условиях чрезвычайного положения, учитывать соответствующие положения Доку- мента Копенгагенского совещания и соблюдать международные конвенции, сторонами которых они являются. (28.1) Государства-участники подтверждают, что чрезвычайное положение оправдано лишь в исключительных и самых серьезных ситуациях в соответствии с международными обяза- тельствами этого государства и его обязательствами в рамках СБСЕ. Чрезвычайное поло- жение не может использоваться для свержения демократического конституционного строя и быть направленным на уничтожение международно признанных прав человека и основ- ных свобод. Если невозможно избежать применения силы, она должна применяться в раз- умных и в максимально возможной степени ограниченных пределах. (28.2) Чрезвычайное положение может быть объявлено лишь законным конституционным органом, наделенным соответствующими полномочиями. В тех случаях, когда решение о введении чрезвычайного положения может на законных основаниях приниматься орга- нами исполнительной власти, оно должно подлежать утверждению или контролю со сто- роны законодательного органа в кратчайшие сроки. (28.3) Решение о введении чрезвычайного положения должно быть объявлено официально, публично и в соответствии с положениями, закрепленными в законе. В этом решении, в тех случаях, когда это возможно, должны указываться территориальные рамки действия чрез- вычайного положения. Соответствующее государство без задержки будет предоставлять своим гражданам информацию о принятых мерах. Чрезвычайное положение отменяется как можно скорее и не может оставаться в силе дольше, чем это совершенно необходимо в конкретной ситуации. (28.4) Не допускается введение или продление чрезвычайного положения де-факто в нару- шение положений, закрепленных в законе. (28.5) Государства-участники стремятся обеспечить, чтобы в период действия чрезвычай- ного положения в максимально возможной степени гарантировалось нормальное функци- онирование законодательных органов. (…) (28.7) Государства-участники будут стремиться воздерживаться от любых отступлений от тех обязательств, от которых, в соответствии с международными конвенциями, участ- никами которых они являются, такие отступления в условиях чрезвычайного положения

86 3.2. Отступления от обязательств в условиях чрезвычайного положения

возможны. Меры в отступление от таких обязательств ... не будут ни ужесточаться, ни оста- ваться в силе дольше, чем это совершенно необходимо в конкретной ситуации; они по сво- ему характеру являются исключительными мерами и должны толковаться и применяться ограничительно (…) (28.8) Государства-участники будут стремиться обеспечить, чтобы правовые гарантии, необ- ходимые для поддержания верховенства закона, оставались в силе во время чрезвычайного положения. Они будут стремиться предусмотреть в своем законодательстве контроль за постановлениями, касающимися чрезвычайного положения, а также за их осуществлением. (28.9) Государства-участники будут стремиться обеспечить свободу слова и свободу инфор- 3 мации, совместимые с их международными обязанностями и обязательствами, с тем, чтобы общественность имела возможность обсуждать вопрос о соблюдении прав человека и основ- ных свобод и об отмене чрезвычайного положения. Они в соответствии с международными стандартами в отношении свободы слова не будут принимать каких-либо мер, с тем, чтобы воспрепятствовать журналистам законно осуществлять их профессиональные функции, кроме таких мер, которые совершенно необходимы в конкретной ситуации. (28.10) Если в государстве-участнике объявляется или отменяется чрезвычайное положе- ние, соответствующее государство будет немедленно информировать институт СБСЕ* об этом решении, а также о любом отступлении от международных обязательств этого госу- дарства в области прав человека. Институт без задержки информирует другие государ- ства-участники.

* Решение относительно такого института будет принято Советом.

87 Отдельные обязательства по человеческому измерению

89 1. Обязательства, относящиеся к праву народов на самоопределение 1. Обязательства, относящиеся к праву народов на самоопределение 1. Обязательства, относящиеся к праву народов на самоопределение

Государства-участники будут уважать равноправие и право народов распоряжаться своей судьбой, действуя постоянно в соответствии с целями и принципами Устава ООН и соот- ветствующими нормами международного права, включая те, которые относятся к терри- ториальной целостности государств. Исходя из принципа равноправия и права народов распоряжаться своей судьбой, все народы всегда имеют право в условиях полной свободы определять, когда и как они желают, свой внутренний и внешний политический статус без вмешательства извне и осуществлять по своему усмотрению свое политическое, экономи- ческое, социальное и культурное развитие. Государства-участники подтверждают всеобщее значение уважения и эффективного осуществления равноправия и права народов распоря- жаться своей судьбой для развития дружественных отношений между ними, как и между всеми государствами; они напоминают также о важности исключения любой формы нару- шения этого принципа. 1 Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(4) [Государства-участники] подтверждают также, что, исходя из принципа равноправия и права народов распоряжаться своей судьбой и согласно соответствующим положениям Заключительного акта, все народы всегда имеют право в условиях полной свободы опреде- лять, когда и как они желают, свой внутренний и внешний политический статус без вмеша- тельства извне и осуществлять по своему усмотрению свое политическое, экономическое, социальное и культурное развитие.

91 2. Обязательства, относящиеся к структурным компонентам демократического общества 2.1 Общие положения

2.1 Общие положения

Бонн, 1990 г. (Преамбула)

(…) государства-участники,

признавая взаимосвязь политического плюрализма и рыночной экономики и будучи привер- женными принципам, касающимся: • многопартийной демократии, основанной на свободных, периодических и истинных выборах; • правового государства и равной защиты со стороны закона для всех на основе уважения прав человека и эффективных, доступных и справедливых правовых систем; • экономической деятельности, которая соответственно утверждает человеческое достоин- ство и свободна от принудительного труда, от дискриминации трудящихся по призна- кам расы, пола, языка, по политическим взглядам или вероисповеданию или от лишения трудящихся права свободно создавать независимые профсоюзы или вступать в них;

будут стремиться достичь или придерживаться следующего (…)

Копенгаген, 1990 г. 2 [Государства-участники] признают, что плюралистическая демократия и правовое госу- дарство являются существенно необходимыми для обеспечения уважения всех прав чело- века и основных свобод, развития контактов между людьми и решения других связанных с этим вопросов гуманитарного характера. Поэтому они приветствуют выраженную всеми государствами-участниками приверженность идеалам демократии и политическому плю- рализму, а также их общую решимость строить демократические общества на основе сво- бодных выборов и верховенства закона. (…)

(6) Государства-участники заявляют, что воля народа, выражаемая свободно и честно в ходе периодических и подлинных выборов, является основой власти и законности любого пра- вительства (…) Они признают свою ответственность за защиту и охрану в соответствии со своими законами, своими обязательствами по международному праву в области прав человека и своими международными обязательствами свободно установленный путем воле- изъявления народа демократический порядок от деятельности отдельных лиц, групп или организаций, которые используют или отказываются отвергнуть терроризм или насилие, направленные на свержение этого порядка или такого порядка в другом государстве-у- частнике.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы обязуемся строить, консолидировать и укреплять демократию как единственную систему правления в наших странах. В этом начинании мы будем руководствоваться следующим:

Права человека и основные свободы с рождения принадлежат всем людям, они неотъ- емлемы и гарантируются законом. Их защита и содействие им – первейшая обязанность правительства. Их уважение – существенная гарантия против обладающего чрезмерной

93 2.1 Общие положения

властью государства. Их соблюдение и полное осуществление – основа свободы, справед- ливости и мира.

Демократическое правление основывается на воле народа, выражаемой регулярно в ходе свободных и справедливых выборов. В основе демократии лежит уважение человеческой личности и верховенства закона. Демократия является наилучшей гарантией свободы выра- жения своего мнения, терпимости по отношению ко всем группам в обществе и равенства возможностей для каждого человека.

Демократия, имеющая представительный и плюралистический характер, влечет за собой подотчетность избирателям, обязательство государственных властей соблюдать законы и беспристрастное отправление правосудия. Никто не должен стоять над законом. (…)

Наши государства будут сотрудничать и оказывать друг другу поддержку с целью сделать демократические завоевания необратимыми.

Москва, 1991 г.

(17) Государства-участники (17.1) безоговорочно осуждают силы, стремящиеся захватить власть у представительного правительства в любом государстве-участнике вопреки воле народа, выраженной в ходе свободных и справедливых выборов, и в нарушение законно установленного конституци- онного строя; (17.2) в случае свержения или попытки свержения демократически избранного законного правительства какого-либо государства-участника недемократическими средствами будут решительно поддерживать в соответствии с Уставом Организации Объединенных Наций законные органы этого государства, стоящие на страже прав человека, демократии и верхо- венства закона, признавая свои общие обязательства противодействовать любой попытке ограничить эти основополагающие ценности;

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

36. (…) Основываясь на своих обязательствах в области человеческого измерения, ОБСЕ стремится поощрять повсюду в своем регионе создание условий, позволяющих всем в пол- ной мере пользоваться своими правами человека и основными свободами под защитой эффективных демократических институтов, надлежащих судебных процедур и верховен- ства закона. Это включает обеспечение безопасной обстановки и соответствующих институ- тов для мирной дискуссии и выражения своих интересов всеми лицами и общественными группами. Важную роль в этом отношении призвано играть гражданское общество, и ОБСЕ будет продолжать поддерживать организации гражданского общества и содействовать их укреплению.

Маастрихт, 2003 г. (Документ-стратегия ОБСЕ в области экономического и экологического измерения)

2.2.1 Надлежащее государственное и корпоративное управление и крепкие институты являются важнейшими столпами здоровой экономики, способной привлечь инвесторов

94 2.1 Общие положения

и тем самым позволить государствам сократить масштабы нищеты и неравенства, повы- сить социальную сплоченность, расширить возможности для всех и сберечь окружающую среду. Надлежащее управление на всех уровнях способствует процветанию, стабильности и безопасности. Мир, добрые межгосударственные отношения, безопасность и стабиль- ность государства, а также безопасность граждан внутри государства, обеспечиваемая верховенством закона и уважением прав человека, имеют ключевое значение для установ- ления климата доверия, являющегося необходимым условием позитивного социально-э- кономического развития.

2.2.2 Надлежащее управление архиважно для всех государств-участников, и мы условились предпринимать на национальном уровне, при поддержке соответствующих международных институтов, усилия по утверждению надлежащего управления во всех ее аспектах и разра- батывать методы сотрудничества для оказания друг другу помощи в достижении этой цели.

2.2.3 Для внедрения надлежащего управления необходим комплексный, долгосрочный стра- тегический подход, при котором успехи на одном направлении не ослаблялись бы недора- ботками других. Мы будем сотрудничать в формировании наших стратегий, касающихся надлежащего управления, и обмениваться информацией о наиболее успешных примерах такой практики.

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) 2 (…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: (…) • роль конституционных судов или приравниваемых к ним институтов государств-участ- ников как инструмента, призванного содействовать соблюдению во всех государствен- ных институтах принципов верховенства закона, демократии и прав человека; (…)

95 2.2 Выборы

2.2 Выборы

Смотри также: I. 2.3.4 A: Бюро по демократическим институтам и правам человека (БДИПЧ)

Копенгаген, 1990 г.

(6) Государства-участники заявляют, что воля народа, выражаемая свободно и честно в ходе периодических и подлинных выборов, является основой власти и законности любого пра- вительства. Государства-участники соответственно уважают право своих граждан прини- мать участие в управлении страной непосредственно или через представителей, избираемых ими свободно в ходе честного избирательного процесса (…)

(7) Для того, чтобы воля народа служила основой власти правительства, государства-у- частники (7.1) проводят свободные выборы с разумной периодичностью, как это установлено законом; (7.2) допускают, чтобы все мандаты по крайней мере в одной палате национального зако- нодательного органа были объектом свободной состязательности кандидатов в ходе все- народных выборов; (7.3) гарантируют взрослым гражданам всеобщее и равное избирательное право; (7.4) обеспечивают, чтобы голосование проводилось тайно или применялась равноценная процедура свободного голосования и чтобы подсчет голосов и сообщение о нем были чест- ными, а официальные результаты были опубликованы; (7.5) уважают право граждан добиваться политических или государственных постов в лич- ном качестве или в качестве представителей политических партий или организаций без дискриминации; (7.6) уважают право отдельных лиц и групп лиц создавать в условиях полной свободы свои политические партии или другие политические организации и предоставляют таким поли- тическим партиям и организациям необходимые юридические гарантии, позволяющие им соревноваться друг с другом на основе равенства перед законом и органами власти; (7.7) обеспечивают, чтобы закон и государственная политика допускали проведение полити- ческих кампаний в атмосфере свободы и честности, в которой никакие административные действия, насилие или запугивание не удерживали бы партии и кандидатов от свободного изложения своих взглядов и оценок, а также не мешали бы избирателям знакомиться с ними и обсуждать их или голосовать свободно, не опасаясь наказания; (7.8) обеспечивают, чтобы не устанавливались какие-либо юридические или администра- тивные барьеры для беспрепятственного доступа к средствам массовой информации на

96 2.2 Выборы

недискриминационной основе для всех политических группировок и отдельных лиц, жела- ющих принять участие в избирательном процессе; (7.9) обеспечивают, чтобы кандидаты, получившие необходимое число голосов, определен- ное законом, надлежащим образом вступали в должность и могли оставаться в должно- сти до истечения срока своих полномочий или до их прекращения иным образом, который регулируется законом в соответствии с демократическими парламентскими и конституци- онными процедурами.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что без какой-либо дискриминации каждый имеет (…) право: (…) 2 участвовать в свободных и справедливых выборах (…)

Женева, 1991 г. (…)

Государства-участники будут благоприятно рассматривать, насколько это допускается законом, присутствие наблюдателей на выборах, проводимых на более низком, чем общена- циональный, уровне, включая выборы на территориях, населенных национальными мень- шинствами, и будут стремиться облегчать им доступ. (…)

Лиссабон, 1996 г. (Декларация встречи на высшем уровне)

9. (…) Среди острых проблем человеческого измерения угрозой для стабильности в реги- оне ОБСЕ остаются непрекращающиеся нарушения прав человека, в частности в форме (…) махинации на выборах (…) Мы твердо намерены продолжать усилия по решению этих проблем.

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

26. Учитывая большое число ожидающих нас выборов, мы полны решимости обеспечить их свободный и открытый характер, а также их соответствие принципам и обязательствам, принятым в рамках ОБСЕ. Это единственный путь, обеспечивающий надежную основу

97 2.2 Выборы

для демократического развития. Мы по достоинству оцениваем роль БДИПЧ в оказании различным странам содействия в разработке законодательства о выборах, отвечающего принципам и обязательствам, принятым в рамках ОБСЕ, и намерены незамедлительно реагировать на представляемые им заключения с оценкой проведения выборов и рекомен- дации. Мы ценим работу БДИПЧ и Парламентской ассамблеи ОБСЕ до, во время и после выборов, которая вносит дополнительный вклад в демократический процесс. Мы твердо намерены в полном объеме надежно обеспечить лицам, принадлежащим к меньшинствам, право голоса и создать условия для осуществления беженцами права на участие в выборах, проводимых в стране их первоначального проживания. Мы обязуемся обеспечить честное соперничество как между кандидатами, так и между партиями, в том числе путем предо- ставления им доступа к средствам массовой информации и уважения свободы собраний.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

25. Мы вновь подтверждаем свое обязательство проводить свободные и честные выборы согласно обязательствам, принятым в рамках ОБСЕ, и в частности Копенгагенскому доку- менту 1990 года. Мы признаем, что БДИПЧ может оказывать государствам-участникам помощь в разработке и осуществлении законодательства о выборах. Сообразуясь с этими обязательствами, мы будем приглашать на проводимые в наших странах выборы наблюда- телей из других государств-участников, БДИПЧ, Парламентской ассамблеи ОБСЕ и соот- ветствующих институтов и организаций, которые хотели бы наблюдать за их проведением. Мы соглашаемся незамедлительно реагировать на заключения БДИПЧ с оценкой проведе- ния выборов и его рекомендации.

Порту, 2002 г. (Решение № 7/2 Обязательства, касающиеся выборов)

Совет министров,

ссылаясь на положения Документа Копенгагенского совещания Конференции по челове- ческому измерению СБСЕ (1990 год),

отмечая, что эти положения были дополнены новыми обязательствами (…)

вновь подтверждая решимость выполнять эти обязательства,

отмечая, что демократические выборы могут проводиться в условиях разнообразных изби- рательных систем,

признавая экспертный потенциал БДИПЧ по содействию государствам-участникам в выпол- нении обязательств, связанных с выборами,

принимая во внимание Решение ПС № 509 «Международные нормы и обязательства: прак- тическое руководство по лучшей практике проведения демократических выборов»,

призывает государства-участники более действенно реагировать на рекомендации БДИПЧ по итогам наблюдения за выборами (…)

98 2.2 Выборы

Маастрихт, 2003 г. (Решение № 5/03 Выборы)

Совет министров, (…)

приветствуя продолжающееся эффективное сотрудничество между БДИПЧ и Парламент- ской ассамблеей ОБСЕ в области наблюдения за выборами,

приветствуя документ «Существующие обязательства относительно демократических выбо- ров в государствах-участниках ОБСЕ: доклад о ходе работы» (ODIHR. GAL/39/03), подго- товленный БДИПЧ и представленный государствам-участникам в июне этого года,

признавая, в частности, необходимость доверия электората ко всему процессу в целом, транспарентности избирательных процедур и подотчетности органов, занимающихся про- ведением выборов, призывает государства-участники и впредь углублять свое сотрудни- чество с БДИПЧ в этой области,

Брюссель, 2006 г. (Решение № 19/06 Повышение эффективности ОБСЕ) 2

Совет министров, (…)

6. Принимает к сведению содержащиеся в этом докладе предложения, касающиеся новых обязательств, и просит Постоянный совет вынести по ним свое заключение еще до начала встречи Совета министров в Мадриде в 2007 году; (…)

99 2.3 Демократические институты

8. Обязуется и далее развивать деятельность ОБСЕ, связанную с электоральным процес- сом, и в этой связи вновь подтверждает положения Документа Копенгагенского совеща- ния Конференции по человеческому измерению СБСЕ (1990 год) в качестве краеугольного камня общих обязательств ОБСЕ, принятых государствами-участниками в целях защиты и поддержки прав человека и основных свобод, включая те права и свободы, которые необ- ходимы для проведения демократических выборов;

9. Отмечает, что эти обязательства дополнены соответствующими положениями Декларации Будапештской встречи на высшем уровне (1994 год), Декларации Лиссабонской встречи на высшем уровне (1996 год), Декларации Стамбульской встречи на высшем уровне (1999 год), Хартии европейской безопасности (1999 год) и последующими решениями встреч Совета министров в Порту (2002 год) и Маастрихте (2003 год), дополнившими эти обязательства;

11. Подчеркивает, что сами государства-участники могут эффективно способствовать укре- плению добросовестности электорального процесса путем направления своих наблюдателей; (…)

Астана, 2010 г.

2.3 Демократические институты

2.3.1 Общие положения

Копенгаген, 1990 г.

(3) [Государства-участники] подтверждают, что демократия является неотъемлемым эле- ментом правового государства. Они признают важность плюрализма в отношении поли- тических организаций.

(4) Они подтверждают, что будут уважать право друг друга свободно выбирать и разви- вать в соответствии с международными стандартами в области прав человека свои поли- тические, социальные, экономические и культурные системы. Осуществляя это право, они будут обеспечивать, чтобы их законы, административные правила, практика и поли- тика сообразовывались с их обязательством по международному праву и были гармони- зированы с положениями Декларации принципов и другими обязательствами по СБСЕ.

100 2.3.1 Общие положения

(5.1) свободные выборы, проводимые через разумные промежутки времени путем тай- ного голосования или равноценной процедуры свободного голосования в условиях, кото- рые обеспечивают на практике свободное выражение мнения избирателями при выборе своих представителей; (5.2) представительная по своему характеру форма правления, при которой исполнитель- ная власть подотчетна избранным законодательным органам или избирателям; (5.3) обязанность правительства и государственных властей соблюдать конституцию и дей- ствовать совместимым с законом образом; (5.4) четкое разделение между государством и политическими партиями; в частности, поли- тические партии не будут сливаться с государством; (5.5) деятельность правительства и администрации, а также судебных органов осуществля- ется в соответствии с системой, установленной законом. Уважение такой системы должно быть обеспечено; (5.6) вооруженные силы и полиция находятся под контролем гражданских властей и подот- четны им; (…) (5.8) законы, принятые по завершении соответствующей гласной процедуры, и админи- стративные положения публикуются, что является условием их применения. Эти тексты будут доступны для всех; 2 (6) Государства-участники заявляют, что воля народа, выражаемая свободно и честно в ходе периодических и подлинных выборов, является основой власти и законности любого прави- тельства. Государства-участники соответственно уважают право своих граждан принимать участие в управлении страной непосредственно или через представителей, избираемых ими свободно в ходе честного избирательного процесса. Они признают свою ответственность за защиту и охрану в соответствии со своими законами, своими обязательствами по меж- дународному праву в области прав человека и своими международными обязательствами свободно установленный путем волеизъявления народа демократический порядок от дея- тельности отдельных лиц, групп или организаций, которые используют или отказываются отвергнуть терроризм или насилие, направленные на свержение этого порядка или такого порядка в другом государстве-участнике.

(7) Для того, чтобы воля народа служила основой власти правительства, государства-у- частники (…) (7.2) допускают, чтобы все мандаты по крайней мере в одной палате национального зако- нодательного органа были объектом свободной состязательности кандидатов в ходе все- народных выборов; (…) (7.9) обеспечивают, чтобы кандидаты, получившие необходимое число голосов, определен- ное законом, надлежащим образом вступали в должность и могли оставаться в должно- сти до истечения срока своих полномочий или до их прекращения иным образом, который регулируется законом в соответствии с демократическими парламентскими и конституци- онными процедурами. (…)

101 2.3.1 Общие положения

(26) Государства-участники признают, что жизнеспособная демократия зависит от существо- вания как составной части национальной жизни демократических ценностей и практики, а также широкого круга демократических институтов. Они будут поэтому поощрять, облег- чать и, там где это целесообразно, поддерживать совместные практические усилия и обмен информацией, идеями и опытом между ними и в рамках прямых контактов и сотрудни- чества между отдельными лицами, группами и организациями в областях, включающих следующее: • конституционные право, реформы и развитие, • законодательство о выборах, проведение выборов и наблюдении за ними, • создание судов и правовых систем и управление ими, • развитие беспристрастной и эффективной государственной службы, в рамках кото- рой прием на работу и продвижение по службе основываются на системе учета личных достоинств работников, • проведение законов в жизнь, • местное управление и децентрализация, • доступ к информации и обеспечение конфиденциальности, • формирующиеся политические партии и их роль в плюралистических обществах, • свободные и независимые профсоюзы, • кооперативные движения, • развитие других форм свободной ассоциации и групп, преследующих общественные интересы, • журналистика, независимые средства массовой информации, интеллектуальная и куль- турная жизнь, • преподавание знаний о демократических ценностях, институтах и практике в учебных заведениях, а также обеспечения атмосферы свободного познания.

Такие усилия могут охватывать спектр сотрудничества в рамках человеческого измере- ния СБСЕ, включая обучение, обмен информацией, книгами и учебными материалами, совместные программы и проекты, научные и профессиональные обмены и конференции, стипендии, субсидии на научные исследования, предоставление экспертных знаний и кон- сультативных услуг, деловые и научные контакты и программы.

(27) Государства-участники будут также содействовать созданию и укреплению независимых национальных институтов в области прав человека и верховенства закона, которые могут также выступать в качестве центров координации и сотрудничества между такими инсти- тутами в государствах-участниках. Они предлагают поощрять сотрудничество между пар- ламентариями государств-участников, в том числе через существующие межпарламентские ассоциации и, в частности, через совместные комиссии, телевизионные дебаты с участием парламентариев, встречи и обсуждения за «круглым столом». Они будут также поощрять существующие учреждения, такие как организации системы Организации Объединенных Наций и Совет Европы, к продолжению и расширению начатой ими работы в этой области.

102 2.3.1 Общие положения

Москва, 1991 г.

(18.1) Законодательство будет разрабатываться и приниматься в результате открытого про- цесса, отражающего волю народа либо непосредственно, либо через избранных им пред- ставителей.

Афины, 2009 г. (Решение № 7/09 Участие женщин в политической и общественной жизни)

Совет министров, (…)

принимая во внимание сохраняющуюся недопредставленность женщин на пространстве ОБСЕ в руководящих структурах законодательной, исполнительной, включая полицейские службы, и судебной ветвей власти,

будучи озабочен тем, что широко распространенная дискриминация в отношении жен- щин по-прежнему препятствует их действенному участию в политической и обществен- ной жизни на всех уровнях, (…) 2 призывает государства-участники:

1. Рассмотреть возможность принятия конкретных мер для достижения цели гендерной сбалансированности во всех органах законодательной, судебной и исполнительной власти, включая силовые структуры, такие, как полицейские службы;

2. Рассмотреть возможность принятия законодательных мер, которые содействовали бы более сбалансированному участию женщин и мужчин в политической и общественной жизни, и особенно в принятии решений;

3. Рекомендовать всем движущим политическим силам содействовать равному участию женщин и мужчин в политических партиях с целью достижения более сбалансированного гендерного представительства на выборных государственных должностях на всех уровнях принятия решений; (…)

5. Разрабатывать и внедрять, по мере необходимости, открытые и предполагающие активное участие процессы, которые обеспечивают более активную вовлеченность женщин и муж- чин во все этапы разработки законодательства, программ и политики; (…)

7. Предпринимать необходимые шаги для создания, когда это целесообразно, эффектив- ных национальных механизмов для оценки степени равенства участия и представитель- ства женщин;

103 2.3.2 Децентрализация органов власти и специальные структуры и учреждения

возникающих на пути участия женщин в политической и общественной жизни, и содей- ствии продвижению равенства возможностей женщин и мужчин;

9. Поощрять совместное выполнение мужчинами и женщинами трудовых и родительских обязанностей, с тем чтобы содействовать равенству возможностей женщин с целью обе- спечения их действенного участия в политической и общественной жизни.

2.3.2 Децентрализация органов власти и специальные структуры и учреждения

Женева, 1991 г. (IV)

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(53) В целях усиления процесса демократического участия и становления институтов и в порядке развития сотрудничества между собой будут стремиться к обмену их соответ- ствующим опытом по проблемам функционирования демократии на местном и региональ- ном уровне, и в этой связи приветствуют деятельность информационной и просветительской сети Совета Европы в этой области.

(54) Будут содействовать контактам и поощрять различные формы сотрудничества между соответствующими органами на местном и региональном уровнях.

104 2.3.3 Гражданский демократический контроль над вооруженными силами, военизированными формированиями

2.3.3 Гражданский демократический контроль над вооруженными силами, военизированными формированиями, службами внутренней безопасности, и полицией

Копенгаген, 1990 г.

(5.6) вооруженные силы и полиция находятся под контролем гражданских властей и подот- четны им;

Москва, 1991 г.

(25) Государства-участники будут (25.1) гарантировать, чтобы их вооруженные силы и военизированные формирования, службы внутренней безопасности и разведки, а также полиция находились под эффектив- ным управлением и контролем соответствующих гражданских властей; 2 (25.2) поддерживать и, там где это необходимо, укреплять контроль исполнительной вла- сти за использованием вооруженных сил и военизированных формирований, а также за деятельностью служб внутренней безопасности, разведки и полиции; (25.3) принимать надлежащие меры для создания, где этого еще не сделано, и поддержа- ния эффективных механизмов надзора законодательной власти над всеми такими силами, службами и видами деятельности.

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

20. Государства-участники рассматривают демократический политический контроль над военными и военизированными силами, силами внутренней безопасности, а также раз- ведывательными службами и полицией как незаменимый элемент стабильности и безо- пасности. Они будут содействовать интеграции своих вооруженных сил с гражданским обществом в качестве важного проявления демократии.

21. Каждое государство-участник будет постоянно обеспечивать и поддерживать эффектив- ное руководство и контроль над своими военными и военизированными силами и силами безопасности со стороны конституционно учрежденных органов власти, обладающих демо- кратической легитимностью. Каждое государство-участник будет создавать рычаги, позво- ляющие обеспечить выполнение такими органами возложенных на них конституционных и правовых обязанностей. Государства-участники будут четко определять функции и задачи таких сил, а также их обязанность действовать исключительно в конституционных рамках.

22. Каждое государство-участник будет предусматривать утверждение своим законода- тельным органом расходов на оборону. Каждое государство-участник, должным образом учитывая требования национальной безопасности, будет проявлять сдержанность в своих военных расходах и обеспечивать транспарентность и открытый доступ к информации, касающейся вооруженных сил.

105 2.3.4 Независимые национальные институты в области прав человека

23. Каждое государство-участник, предоставляя каждому военнослужащему возможность осуществлять свои гражданские права, будет обеспечивать, чтобы его вооруженные силы как таковые сохраняли политический нейтралитет.

24. Каждое государство-участник будет предусматривать и сохранять в силе меры предот- вращения случайного или несанкционированного использования военных средств.

25. Государства-участники не будут допускать существования сил, неподотчетных их кон- ституционно учрежденным органам власти или не контролируемых ими, и не будут под- держивать такие силы. В случае если государство-участник не в состоянии осуществлять свою власть в отношении таких сил, оно может обратиться с просьбой о проведении кон- сультаций в рамках СБСЕ для рассмотрения необходимых мер. (…)

36. Каждое государство-участник будет обеспечивать, чтобы любое решение о направлении его вооруженных сил для выполнения задач в области внутренней безопасности принима- лось в соответствии с конституционными процедурами. В таких решениях будут опреде- ляться задачи, поставленные перед вооруженными силами, и будет обеспечиваться, чтобы эти задачи выполнялись под эффективным контролем конституционно учрежденных орга- нов власти и с соблюдением принципа верховенства закона.

2.3.4 Независимые национальные институты в области прав человека

Копенгаген, 1990 г.

(27) Государства-участники будут (…) содействовать созданию и укреплению независимых национальных институтов в области прав человека и верховенства закона, которые могут также выступать в качестве центров координации и сотрудничества между такими инсти- тутами в государствах-участниках. Они предлагают поощрять сотрудничество между пар- ламентариями государств-участников, в том числе через существующие межпарламентские ассоциации и, в частности, через совместные комиссии, телевизионные дебаты с участием парламентариев, встречи и обсуждения за «круглым столом». Они будут также поощрять существующие учреждения, такие как организации системы Организации Объединенных Наций и Совет Европы, к продолжению и расширению начатой ими работы в этой области.

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

10. Рекомендует государствам-участникам, которые еще не сделали этого, создать националь- ные институты или специализированные органы для борьбы с нетерпимостью и дискри- минацией (…) полагаясь на экспертный потенциал и помощь со стороны соответствующих институтов ОБСЕ на основе существующих обязательств и, при необходимости, со стороны соответствующих международных учреждений; (…)

106 2.3.5 Неправительственные организации

2.3.5 Неправительственные организации

Смотри также: I. 2.3.3: Частные лица, правозащитники и неправительственные организации

Москва, 1991 г.

(43) Государства-участники будут признавать в качестве НПО организации, объявившие себя таковыми, согласно соответствующим национальным процедурам, и будут содейство- вать созданию условий для свободной деятельности таких организаций на своих террито- риях; в этих целях они будут (43.1) стремиться изыскивать возможности для дальнейшего улучшения условий для кон- тактов и обменов мнениями между НПО и соответствующими национальными органами и государственными учреждениями; (43.2) стремиться содействовать посещению их стран неправительственными организа- циями любого государства-участника с целью наблюдения за условиями в области чело- веческого измерения; (43.3) приветствовать деятельность НПО, включая, в частности, проверку выполнения обя- зательств в рамках СБСЕ в области человеческого измерения; (43.4) предоставлять НПО возможность, ввиду их важной роли в рамках человеческого 2 измерения СБСЕ, доводить свои мнения до их собственных правительств и правительств всех других государств-участников во время будущей деятельности СБСЕ в области чело- веческого измерения.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

107 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

Астана, 2010 г.

2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

33. Мы подтверждаем свою приверженность верховенству закона. Мы признаем, что кор- рупция представляет собой большую угрозу общим ценностям ОБСЕ. Она порождает неста- бильность и затрагивает многие аспекты безопасности, экономического и человеческого измерений. Государства-участники обязуются наращивать свои усилия по борьбе с корруп- цией и порождающими ее условиями, а также содействовать формированию позитивной основы для надлежащей практики государственного управления и должностной порядоч- ности. Они будут лучше использовать существующие международные инструменты и ока- зывать взаимную помощь в борьбе с коррупцией. В рамках своих усилий по утверждению верховенства закона ОБСЕ будет взаимодействовать с НПО, которые борются за формиро- вание атмосферы единодушного неприятия обществом и деловыми кругами коррупции.

Маастрихт, 2003 г. (Документ-стратегия ОБСЕ в области экономического и экологического измерения)

Содействие транспарентности и борьба с коррупцией

2.2.4 Транспарентность в государственных делах является одним из существенно важных условий подотчетности государств и активного участия гражданского общества в эконо- мических процессах. Транспарентность повышает предсказуемость и доверие к экономике, которая функционирует на основе адекватного законодательства и полного уважения вер- ховенства закона. Важная роль в обеспечении такой транспарентности принадлежит сво- бодным и плюралистичным средствам массовой информации, редакционная политика которых в максимальной степени независима от политического и финансового давления.

2.2.5 Мы будем повышать транспарентность наших государственных органов посредством дальнейшего развития процедур и институтов, предназначенных для предоставления сред- ствам массовой информации, деловым кругам, гражданскому обществу и гражданам сво- евременной информации, включая надежные статистические данные, по представляющим интерес для общества вопросам экономического и экологического характера, в целях соз- дания условий для диалога между хорошо информированными сторонами, восприимчи- выми к мнению друг друга. Это совершенно необходимо для принятия решений с учетом меняющихся условий, а также потребностей и пожеланий населения.

2.2.6 Транспарентность важна также для разоблачения и судебного преследования всех видов коррупции, которая подрывает экономику и общество в наших странах. Помимо транспарентности борьба с коррупцией требует от государств-участников принятия ком- плексной долгосрочной стратегии в этой области.

108 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

2.2.7 Мы согласились сделать ликвидацию всех форм коррупции одной из приоритетных задач. Мы рассмотрим вопрос о присоединении к международным конвенциям и другим правовым документам в области борьбы с коррупцией, в частности к тем, которые были разработаны Советом Европы и Организацией экономического сотрудничества и разви- тия (ОЭСР), и будем поощрять их ратификацию и поддерживать их выполнение в полном объеме. Мы приветствуем принятие Конвенции ООН против коррупции и рассчитываем на ее скорейшее подписание, ратификацию и вступление в силу.

Совершенствование управления государственными ресурсами

2.2.8 Еще одним компонентом надлежащего управления является эффективное управление государственными ресурсами с помощью крепких, отлаженно функционирующих инсти- тутов, профессиональной и действенной государственной службы и рациональных бюд- жетных процедур. Надлежащее управление государственными ресурсами, включая сбор налогов, составление и исполнение бюджета и государственные закупки, особенно важно с точки зрения обеспечения наивысшего качества работы государственных и социальных служб. Мы будем стремиться заложить солидную финансовую основу для наших систем государственного управления и добиваться дальнейшего повышения их эффективности и действенности на всех уровнях.

София, 2004 г. (Решение № 11/04 Борьба с коррупцией) 2 Совет министров, (…)

признавая, что Конвенция Организации Объединенных Наций против коррупции, при- нятая 31 октября 2003 года Генеральной ассамблеей ООН в Нью Йорке, является крупным достижением в области международного сотрудничества по борьбе с коррупцией и создает возможность для глобальных действий по решению этой проблемы,

призывает государства-участники ОБСЕ, еще не сделавшие этого, в возможно краткие сроки подписать и ратифицировать Конвенцию Организации Объединенных Наций про- тив коррупции с целью ее скорого вступления в силу и выполнять ее в полном объеме (…)

Дублин, 2012 г. (Декларация о совершенствовании надлежащего управления и борьбе с коррупцией, отмыванием денег и финансированием терроризма)

(…)

Мы вновь заявляем, что надлежащее управление на всех уровнях является фундаменталь- ной предпосылкой экономического роста, политической стабильности и безопасности. Надлежащее государственное и корпоративное управление, верховенство права и сильные институты являются важнейшими опорными элементами стабильной экономики, с помо- щью которой наши государства способны сократить масштабы бедности и неравенства, повысить социальную интеграцию, расширить благоприятные возможности для всех, при- влекать инвестиции и обеспечивать охрану окружающей среды.

Мы вновь подтверждаем, что мир, добрые межгосударственные отношения, безопасность и стабильность государства, а также безопасность граждан внутри государства, обеспе- чиваемая верховенством права и уважением прав человека, имеют ключевое значение для

109 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

установления климата доверия, являющегося необходимым условием позитивного соци- ально-экономического развития.

Транспарентность в государственных делах является одним из существенно важных усло- вий подотчетности государств и активного участия гражданского общества и частного сектора в экономических процессах и процессах развития. Транспарентность повышает предсказуемость и доверие к институтам и экономическим механизмам, которые функци- онируют на основе адекватного законодательства и полного уважения верховенства права.

Мы согласны, что проблемы в сфере управления, включая коррупцию и отмывание денег, лишают государства-участники способности эффективно обеспечивать устойчивое эконо- мическое, социальное и экологическое развитие и подрывают социальную сплоченность, стабильность и безопасность. (…) Поэтому мы вновь подтверждаем нашу полную привержен- ность делу противодействия коррупции и отмыванию денег, финансированию терроризма и связанным с ними преступлениям, выдвигая это в качестве приоритетной политической задачи, решение которой подкреплено надлежащими правовыми инструментами, адекват- ными финансовыми, кадровыми и организационными ресурсами и, при необходимости, надлежащим инструментарием, позволяющим найти практическое эффективное решение.

(…) Мы твердо считаем, что политические обязательства в рамках ОБСЕ, касающиеся над- лежащего управления и транспарентности, охватывают все три измерения, и вновь под- тверждаем нашу полную приверженность задаче выполнения этих обязательств на основе всеобъемлющего подхода, изложенного в настоящем и других соответствующих докумен- тах ОБСЕ.

Надлежащее управление и транспарентность

Мы рассматриваем наличие государственного сектора, основанного на принципах добросо- вестности, открытости, транспарентности, подотчетности и верховенства права, в качестве важного фактора устойчивого экономического роста и признаем, что такой государствен- ный сектор служит важным элементом укрепления доверия граждан к государственным институтам и органам власти. Соответственно, мы подчеркиваем необходимость проводить просветительские и учебные мероприятия для государственных чиновников по вопросам профессиональной этики, разрабатывать и внедрять в практику соответствующие кодексы поведения и законодательные положения, касающиеся конфликта интересов, а также разра- батывать и внедрять всеобъемлющие системы декларирования соответствующими чинов- никами своих доходов и активов. В частности, мы отмечаем, что и разработка, и соблюдение кодексов поведения, предназначенных для государственных учреждений, имеют ключевое значение для укрепления надлежащего управления, профессиональной этики в государ- ственном секторе и верховенства права, а также для установления строгих этических норм поведения государственных должностных лиц. (…)

Мы отмечаем, что успехов в утверждении надлежащего управления и борьбе с коррупцией не добиться без полновесного и равноправного участия женщин и мужчин в политических и экономических процессах и деятельности институтов, как отмечено в ряде документов ОБСЕ. Мы подчеркиваем необходимость расширить права и возможности женщин, с тем чтобы они могли активно участвовать и вносить свой вклад в осуществление политики и мероприятий, касающихся надлежащего управления, с пользой в равной мере и для муж- чин, и для женщин.

110 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

(…)

II. Борьба с коррупцией, отмыванием денег и финансированием терроризма (…)

Мы отмечаем, что для борьбы с коррупцией требуется долгосрочный всесторонний стра- тегический подход и сильные институты. Мы убеждены в недопустимости оказания непо- добающего давления на тех, на кого возложены функции по профилактике, выявлению, расследованию и судебному преследованию коррупционных преступлений и по вынесе- нию приговоров виновным. В частности, мы подчеркиваем ключевую роль правоохрани- тельных и судебных органов в борьбе с коррупцией и обеспечении верховенства права. Мы признаем крайне важным обеспечить независимость судей для наделения их спо- собностью выполнять эту функцию и считаем необходимым наращивать усилия на этом направлении. Мы также отмечаем важность и необходимость выделения таким институ- там надлежащих ресурсов. (…)

III. Гражданское общество и частный сектор

Мы побуждаем ОБСЕ и далее следовать своему всеобъемлющему подходу к безопасности и продолжать укреплять диалог и сотрудничество между правительствами, гражданским 2 обществом и частным сектором в целях поддержки предпринимаемых в государствах-у- частниках усилий по утверждению надлежащего управления, включая борьбу с корруп- цией, отмыванием денег и финансированием терроризма. (…)

Мы побуждаем деловые круги учитывать в своей деятельности социальные, экологические и гуманитарные нужды государств-участников, а также их нужды в сфере безопасности. (…)

IV. Совместная работа во имя прогресса

Мы отмечаем, что ОБСЕ обеспечивает форум для политического диалога, обмена информа- цией и сотрудничества в вопросах надлежащего управления, а также платформу для фор- мирования необходимого политического консенсуса и взаимопонимания относительно важности предупреждения и пресечения коррупции, отмывания денег и финансирования терроризма на всех уровнях в интересах устойчивого социально-экономического разви- тия и стабильности. Мы вновь подтверждаем наше обязательство сотрудничать в форми- ровании стратегий, касающихся надлежащего управления, и обмениваться информацией о наиболее успешных примерах такой практики. (…)

Базель, 2014 г. (Решение № 5/14 Предупреждение коррупции) (…)

111 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

признавая, что коррупция на всех уровнях является потенциальным источником поли- тической напряженности, подрывающей стабильность и безопасность государств- участ- ников, угрожающей общим ценностям ОБСЕ и облегчающей преступную деятельность, (…)

приветствуя тот факт, что почти все государства-участники ратифицировали Конвенцию ООН против коррупции (КПК ООН) или присоединились к ней и работают над выполне- нием своих обязательств, вытекающих из этой конвенции,

подчеркивая важность сотрудничества с другими профильными международными орга- низациями в предупреждении коррупции и борьбе с ней,

рекомендует государствам-участникам: • продолжать разрабатывать и осуществлять превентивные антикоррупционные законы и политику, принимать и продвигать практические меры и инструменты противодействия всем формам коррупции на всех уровнях как в частном, так и государственном секторах, а также для использования их другими заинтересованными сторонами; • принимать меры к повышению транспарентности, подотчетности и более полному обеспе- чению верховенства права в государственном управлении в соответствии с основопола- гающими принципами своих правовых систем, в том числе путем введения эффективных мер, облегчающих доступ общественности к информации, и содействия эффективному предоставлению государственных услуг; (…) • культивировать добросовестность, прозрачность и подотчетность во всех сегментах общества в целях содействия предупреждению коррупции; • признавать важную роль тех, кто сигнализирует о правонарушениях, в выявлении и предупреждении коррупции и защите общественных интересов, а также активизиро- вать предпринимаемые странами на национальном уровне усилия по обеспечению адек- ватной защиты таких лиц; • способствовать усилению информационно-просветительской работы со всеми слоями общества по проблеме коррупции путем осуществления соответствующей кадровой под- готовки и образовательных программ по вопросам предупреждения коррупции и куль- тивирования моральной чистоплотности, с уделением особого внимания молодежи и признавая ту роль, которую в этом отношении играют заинтересованное и хорошо информированное гражданское общество и независимые, свободные и плюралистич- ные СМИ; • осуществлять в соответствии с основополагающими принципами своих правовых систем необходимые шаги по созданию или укреплению надлежащих систем государственных закупок, которые основаны на принципах прозрачности, конкурентности и на объектив- ных критериях принятия решений и эффективно предотвращают коррупцию; • поддерживать меры по повышению добросовестности судей и недопущению возможно- сти коррупции среди представителей судебных и прокурорских органов; (…) • использовать имеющиеся у ОБСЕ инструменты, руководящие принципы и проекты в борьбе с коррупцией и ее предупреждении;

112 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

• (…) поручает исполнительным структурам ОБСЕ (…) заниматься в пределах имеющихся у них ресурсов и в рамках их мандатов (…) популяризацией существующих инструментов и руководящих принципов ОБСЕ в области борьбы с коррупцией и ее предупреждения;

Гамбург, 2016 г. (Решение № 4/16 Совершенствование надлежащего управления и повышение взаимосвязанности)

Совет министров, (…)

признавая, что надлежащее управление, транспарентность и подотчетность являются необ- ходимыми условиями для экономического роста, торговли, инвестиций и устойчивого раз- вития, способствуя тем самым обеспечению стабильности, безопасности и уважения прав человека в регионе ОБСЕ,

признавая, что коррупция и отсутствие надлежащего управления являются потенциаль- ными источниками политической напряженности, которая подрывает стабильность и без- опасность государств-участников,

сознавая, что надлежащее управление, верховенство права, предотвращение коррупции, отмывания денег и финансирования терроризма и борьба с ними; надежная нормативная база, включая надлежащую защиту информаторов; государственный сектор, основанный 2 на принципах добросовестности, открытости, транспарентности и подотчетности, а также надлежащее корпоративное управление на основе эффективного менеджмента, должного аудита, отчетности и соблюдения и уважения законов, правил и положений, деловой этики и кодексов поведения, выработанных на основе тесных консультаций с деловыми кругами и гражданским обществом, являются важнейшими компонентами для развития позитив- ного делового и инвестиционного климата в регионе ОБСЕ,

приветствуя тот факт, что почти все государства-участники ратифицировали Конвенцию Организации Объединенных Наций против коррупции (КПК) или присоединились к ней и работают над выполнением вытекающих из Конвенции обязательств, (…)

утверждая, что важными компонентами надлежащего управления являются транспарент- ное распоряжение государственными ресурсами через сильные и отлаженно действующие институты, профессиональная и эффективная гражданская служба, а также разумные про- цедуры составления и исполнения бюджета и государственных закупок,

признавая важность активного участия частного сектора, включая малые и средние пред- приятия, гражданского общества и средств массовой информации в предупреждении кор- рупции и борьбе с ней и в создании здорового делового и инвестиционного климата, (…)

ссылаясь на Повестку дня в области устойчивого развития на период до 2030 года и постав- ленные в ней цели и задачи устойчивого развития, а также на принятое в декабре 2015 года Парижское соглашение, включая роль, которую надлежащее управление, среди прочих фак- торов, играет в их осуществлении,

113 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

признавая важность полного соблюдения государственным и частным сектором трудовых, социальных и экологических стандартов и его вклада в надлежащее управление и устой- чивое развитие, (…)

подтверждая принятые в рамках ОБСЕ существующие обязательства в области надлежа- щего управления, подчеркивая свою решимость бороться с торговлей людьми во всех ее формах и отмечая роль, которую транспарентность и подотчетность в процессе государ- ственных закупок могут играть в предупреждении и пресечении торговли людьми и тру- довой эксплуатации,

Совершенствование надлежащего управления, повышение транспарентности и улучше- ние делового климата

1. Рекомендует государствам-участникам присоединиться к Конвенции Организации Объ- единенных Наций против коррупции (КПК), ратифицировать и выполнять ее и обмени- ваться информацией и примерами лучшей практики в отношении второго цикла процесса обзора хода осуществления КПК, согласно изложенному в КПК;

2. Рекомендует государствам-участникам, когда это целесообразно, осуществлять и соблю- дать другие соответствующие международные стандарты, такие, как стандарты, пред- усмотренные Конвенцией ОЭСР о борьбе с подкупом иностранных государственных должностных лиц в международных коммерческих сделках, и «Международные стан- дарты по противодействию отмыванию денег, финансированию терроризма и финансиро- ванию распространения ОМУ» Группы разработки финансовых мер борьбы с отмыванием денег (ФАТФ), и способствовать более активному участию всех соответствующих заинте- ресованных сторон, включая гражданское общество и деловое сообщество, в их осущест- влении, согласно изложенному в этих международных документах;

3. Рекомендует государствам-участникам поощрять обмен между всеми соответствующими заинтересованными сторонами примерами лучшей практики, способствующей надлежа- щему государственному и корпоративному управлению, повышение транспарентности и предупреждение коррупции и борьбу с ней также в области экологии;

4. Призывает государства-участники и далее поощрять добросовестность, подотчетность и экономичность в процессе государственных закупок, обеспечивая также, чтобы частные интересы не оказывали ненадлежащего влияния на решения на соответствующих уровнях управления, и обеспечить для участвующих в открытых торгах компаний адекватные тре- бования в отношении транспарентности;

5. Призывает государства-участники упростить доступ к соответствующей правительствен- ной информации путем повышения подотчетности государственного сектора и стимули- рования участия общественности с помощью электронного управления;

6. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые опе- рации, в рамках их мандатов и имеющихся ресурсов, содействовать наращиванию сотруд- ничества между государствами-участниками, частным сектором и гражданским обществом и активно вовлекать частный сектор и гражданское общество в свою деятельность по совер- шенствованию надлежащего управления, повышению транспарентности и улучшению дело- вого и инвестиционного климата;

114 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

(…)

18. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые операции, в рамках их существующих мандатов и имеющихся ресурсов, оказывать госу- дарствам-участникам поддержку в обмене примерами лучшей практики по повышению осведомленности о значении международно признанных трудовых, социальных и эколо- гических стандартов и по совершенствованию надлежащего управления и повышению транспарентности в процессе государственных закупок;

Укрепление государственно-частного партнерства в борьбе с коррупцией, отмыванием денег и финансированием терроризма

19. Рекомендует государствам-участникам обеспечить сотрудничество между правоохрани- тельными и судебными органами и органами финансовой разведки и другими соответству- ющими субъектами, а также между государственным и частным сектором и гражданским обществом, включая средства массовой информации, в борьбе с коррупцией, отмыванием денег и другими финансовыми преступлениями;

20. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые операции, в рамках их мандатов и имеющихся ресурсов, содействовать диалогу и сотруд- ничеству между правительствами, частным сектором и гражданским обществом с целью поддержки усилий по надлежащему управлению, включая борьбу с коррупцией, отмыва- 2 нием денег и финансированием терроризма, а также с целью устранения препятствий на пути экономического роста и устойчивого развития; (…)

Тирана, 2020 г. (Решение № 6/20 Предупреждение коррупции и борьба с ней путем цифровизации и повышения транспарентности)

Совет министров,

напоминая о важности содействия надлежащему управлению, в частности, путем повыше- ния транспарентности, а также важности профилактики коррупции и борьбы с ней в деле повышения безопасности, стабильности и ускорения экономического роста (…),

(…) и признавая предоставляемые цифровой трансформацией возможности для предупреж- дения коррупции и борьбы с ней, а также для преодоления новых вызовов в этой области, (…)

отдавая себе отчет в необходимости наращивания усилий с целью эффективного преду- преждения коррупции и борьбы с ней, в том числе посредством цифровизации, при одно- временном обеспечении верховенства права и защиты прав человека,

признавая роль ОБСЕ в поддержке усилий государств-участников по предупреждению коррупции и борьбе с ней,

признавая, что государственный сектор, основанный на принципах добросовестно- сти, открытости, транспарентности, подотчетности, чуткого реагирования и верховен- ства права, имеет важнейшее значение для предупреждения коррупции и борьбы с ней, а также для обеспечения устойчивого экономического роста и развития, улучшения делового

115 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

и инвестиционного климата и содействия усилиям государств-участников по повышению социальной интеграции и расширению возможностей для всех, в том числе для женщин и молодежи,

признавая важность участия частного сектора, гражданского общества и средств массовой информации, а также научных кругов в усилиях по предупреждению коррупции и борьбе с ней и укреплению надлежащего управления, включая реализацию принципов транспа- рентности и подотчетности,

признавая, что доступные, безопасные и надежные услуги электронного правительства, ориентированные на удовлетворение потребностей пользователей, могут играть ключевую роль в повышении эффективности и прозрачности государственного управления и укре- плении доверия к нему,

признавая важность открытых государственных данных как инструмента, который может способствовать предупреждению коррупции и борьбе с ней путем повышения подотчет- ности и транспарентности, позволяя гражданам в соответствии с внутренним законо- дательством лучше контролировать использование государственных средств и процесс выработки политики,

признавая важность разработки и использования, в соответствии с внутренним законода- тельством, методик и объективных показателей, а также дезагрегированных данных для оценки степени коррупции и конкретного воздействия антикоррупционных мер и для при- нятия более эффективной, фактологически обоснованной антикоррупционной политики, (…)

1. Призывает государства-участники предупреждать коррупцию и бороться с ней путем: (a) укрепления надлежащего управления, включающего в себя принципы транспарентно- сти и подотчетности, и поощрения добросовестности и надзора; (b) применения цифрового инструментария с целью повышения добросовестности и подот- четности поставщиков государственных услуг, чтобы способствовать предупреждению кор- рупции и борьбе с ней, а также обеспечивать устойчивый экономический рост и развитие, улучшать деловой и инвестиционный климат и содействовать усилиям государств-участ- ников по поощрению социальной вовлеченности и равноправного участия женщин и моло- дежи в экономической жизни; (c) повышения прозрачности в области государственного управления путем перевода в циф- ровой формат бумажных и других аналоговых систем, особенно в сфере государственных закупок, а также, где это целесообразно, в рамках существующих механизмов деклариро- вания доходов и имущества государственными чиновниками и политическими деятелями, в той мере, в какой это допускается внутренним законодательством, с должным уважением к секретным и персональным данным; (d) содействия использованию цифровых инструментов для раннего выявления и преду- преждения коррупции путем совершенствования национальных и международных про- цедур защищенной электронной идентификации в соответствии с применимыми нормами внутреннего законодательства; (e) внедрения, где это целесообразно, цифровых технологий для уменьшения администра- тивных барьеров и бремени и облегчения взаимодействия между гражданами, бизнес-струк- турами, предприятиями и органами государственного управления;

116 2.3.6 Содействие транспарентности, борьба с коррупцией и повышение эффективности управления государственными ресурсами

(f) содействия созданию более прозрачных, подотчетных, надежных и доступных порта- лов электронного государственного управления в целях облегчения открытого доступа к информации и эффективного оказания государственных услуг; (g) продвижения и использования цифровых технологий в целях усиления и расширения антикоррупционной подготовки кадров в сотрудничестве, где это целесообразно, с соот- ветствующими международными организациями в этой области; (h) поощрения создания и совершенствования механизмов, призванных обеспечивать про- зрачность информации о бенефициарных владельцах, в соответствии с внутренним зако- нодательством; (i) поддержки просвещения молодежи – в соответствии с национальными системами обра- зования – на предмет важности надлежащего управления, включая принцип прозрачности, и предупреждения коррупции и борьбы с ней, а также путем развития навыков использо- вания цифровых технологий и усиления информационно-просветительских мер, включая поощрение совместных действий и сотрудничества между государственным и частным сек- торами и гражданским обществом; (j) сокращения существующего цифрового разрыва за счет поощрения и поддержки циф- ровой грамотности и повышения доступности онлайновых ресурсов и прикладных про- грамм органов государственного управления; (k) принятия надлежащих мер по обеспечению наличия легкодоступных каналов для без- опасной передачи информации лицами, сигнализирующими о нарушениях, созданию 2 и применению правовых механизмов эффективной защиты таких лиц от преследования, а также побуждению соответствующих организаций к внедрению и применению необхо- димых защитных мер, в соответствии с внутренним законодательством; (l) принятия – в соответствии с внутренним законодательством – целостного подхода с участием разных заинтересованных сторон в целях повышения эффективности и совер- шенствования координации антикоррупционных мер и инициатив, включая содействие осуществлению норм корпоративной социальной ответственности; (m) содействия полноценному, равноправному и целесообразному участию женщин в раз- работке и осуществлении соответствующих антикоррупционных мероприятий в целях достижения гендерного равенства и с учетом того, что коррупция в непропорциональной степени затрагивает женщин и уязвимых лиц; (…)

3. Побуждает государства-участники максимально эффективно использовать ОБСЕ в каче- стве платформы для диалога, сотрудничества, обмена информацией и передовым опытом в области предупреждения коррупции и борьбы с ней посредством цифровизации и повы- шения транспарентности;

4. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые присут- ствия, оказывать, в рамках их мандатов и имеющихся ресурсов, содействие государствам-у- частникам по их просьбе в выполнении положений настоящего решения, в частности, на основе сотрудничества с соответствующими региональными и международными органи- зациями; (…)

117 2.4 Верховенство закона

2.4 Верховенство закона

Смотри также: I. 3: Ограничения и отступления II. 3.1.4: Право не подвергаться произвольному аресту или лишению свободы II. 3.1.5: Право на справедливое судебное разбирательство II. 3.1.6: Право на эффективные средства правовой защиты

2.4.1 Общие положения

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(13) (…) [Государства-участники] будут (…) (13.4) эффективно обеспечивать право лиц знать свои права и обязанности в этой области и поступать в соответствии с ними, и с этой целью публиковать и делать доступными все законы, административные правила и процедуры, относящиеся к правам человека и основ- ным свободам;

Копенгаген, 1990 г.

(2) [Государства-участники] преисполнены решимости поддерживать и развивать эти прин- ципы справедливости, которые составляют основу правового государства. Они считают, что правовое государство означает не просто формальную законность, которая обеспечи- вает регулярность и последовательность в достижении и поддержании демократического порядка, но и справедливость, основанную на признании и полном принятии высшей цен- ности человеческой личности и гарантируемую учреждениями, образующими структуры, обеспечивающие ее наиболее полное выражение.

(3) Они подтверждают, что демократия является неотъемлемым элементом правового госу- дарства (…) (…)

(5) Они торжественно заявляют, что к числу элементов справедливости, которые суще- ственно необходимы для полного выражения достоинства, присущего человеческой лич- ности, и равных и неотъемлемых прав всех людей относятся следующие: (…) (5.3) обязанность правительства и государственных властей соблюдать конституцию и дей- ствовать совместимым с законом образом; (…) (5.5) деятельность правительства и администрации, а также судебных органов осуществля- ется в соответствии с системой, установленной законом. Уважение такой системы должно быть обеспечено; (…) (5.7) права человека и основные свободы будут гарантироваться законом и соответствовать обязательствам по международному праву;

118 2.4.1 Общие положения

(5.8) законы, принятые по завершении соответствующей гласной процедуры, и админи- стративные положения публикуются, что является условием их применения. Эти тексты будут доступны для всех; (5.9) все люди равны перед законом и имеют право без какой бы то ни было дискримина- ции на равную защиту со стороны закона. В этой связи закон запрещает любую дискри- минацию и гарантирует всем лицам равную и эффективную защиту от дискриминации по какому бы то ни было признаку; (…) (5.15) каждое арестованное или задержанное по уголовному обвинению лицо имеет право, с тем, чтобы можно было вынести решение относительно законности его ареста или задер- жания, быть в срочном порядке доставленным к судье или другому должностному лицу, уполномоченному законом осуществлять такую функцию; (…) (5.18) никто не будет обвинен, судим или осужден за какое-либо уголовное преступление, если только оно не предусмотрено законом, который ясно и четко определяет элементы этого преступления; (5.19) каждый считается невиновным, пока виновность его не будет доказана согласно закону; (5.20) считая важным вклад международно-правовых инструментов в области прав человека в обеспечение верховенства закона на национальном уровне, государства-участники под- тверждают, что они рассмотрят вопрос о присоединении к Международному пакту о граж- 2 данских и политических правах, к Международному пакту об экономических, социальных и культурных правах и к другим соответствующим международно-правовым инструмен- там, если они еще не сделали этого; (5.21) с тем чтобы дополнить внутренние меры правовой защиты и лучше обеспечивать уважение государствами-участниками принятых на себя международных обязательств, государства-участники рассмотрят вопрос о присоединении к региональной или универ- сальной международной конвенции, касающейся защиты прав человека, такой как Евро- пейская конвенция о правах человека или Факультативный протокол к Международному пакту о гражданских и политических правах, которые предусматривают процедуры пра- вовой защиты отдельных лиц в международных органах. (…)

(24) Государства-участники будут обеспечивать, чтобы осуществление всех прав человека и основных свобод, изложенных выше, не могло быть объектом никаких ограничений, кроме тех, которые предусмотрены законом и соответствуют их обязательствам по между- народному праву, в частности по Международному пакту о гражданских и политических

119 2.4.1 Общие положения

правах, и их международными обязательствами, в частности по Всеобщей декларации прав человека. Эти ограничения носят характер исключений. Государства-участники будут обе- спечивать, чтобы этими ограничениями не злоупотребляли и чтобы они применялись не произвольно, а так, чтобы обеспечивалось эффективное осуществление этих прав. Любое ограничение прав и свобод в демократическом обществе должно быть увязано с одной из целей применяемого закона и должно быть строго соразмерно предназначению этого закона.

Москва, 1991 г.

(27) Государства-участники (27.1) выражают намерение сотрудничать в областях, относящихся к государственному, административному, торговому, гражданскому праву и праву социального обеспечения и в других соответствующих областях в целях развития правовых систем, основанных на уважении прав человека, верховенстве закона и демократии, особенно в тех государствах, где таких систем пока не существует; (27.2) в этих целях предусматривают продолжение и расширение двустороннего и мно- гостороннего сотрудничества в области права и управления, в том числе по следующим направлениям: • создание эффективной административной системы; • содействие в разработке законов и положений; • подготовка персонала в области управления и права; • обмен научными работами и периодическими изданиями в области права.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

18. Государства-участники подчеркивают, что все действия органов государственной вла- сти должны соответствовать принципу верховенства закона, что служит гарантией пра- вовой защищенности личности.

Совет министров,

признавая, что полное уважение прав человека и основных свобод и развитие общества на основе плюралистической демократии и верховенства закона являются одной из пред- посылок для достижения прочного мира, безопасности, справедливости и стабильности, (…)

вновь заявляя о том, что деятельность правительства и администрации, а также судебных органов будет осуществляться в соответствии с системой, установленной законом, и соот- ветствующими принятыми в ОБСЕ обязательствами и международными юридическими

120 2.4.1 Общие положения

обязательствами государств-участников, и что уважение такой системы должно быть обе- спечено,

считая, что правовое государство означает не просто формальную законность, которая обеспечивает регулярность и последовательность в достижении и поддержании демокра- тического порядка, но и справедливость, основанную на признании и полном принятии высшей ценности человеческой личности и гарантируемую учреждениями, образующими структуры, обеспечивающие ее наиболее полное выражение.

признавая, что верховенство закона должно основываться на уважении международно признанных прав человека, включая право на справедливое судебное разбирательство, право на эффективные средства правовой защиты и право не быть подвергнутым произ- вольному аресту или задержанию, (…)

постановляет: • в 2006 году уделять повышенное внимание и принимать дальнейшие меры по вопросам верховенства закона и надлежащей юридической процедуры в рамках систем уголовного правосудия, в частности, побуждая государства-участники совершенствовать выполне- ние существующих обязательств, в том числе используя экспертный потенциал БДИПЧ и в тесном взаимодействии с другими соответствующими международными организа- циями в целях недопущения ненужного дублирования усилий; 2 (…)

Брюссель, 2006 г. (Решение № 5/06 Организованная преступность)

Совет министров, (…)

подчеркивая ключевую роль, которую играет действенная и эффективная система уголов- ного правосудия для поддержания общественного спокойствия и безопасности,

признавая, что политика и деятельность, касающиеся системы уголовного правосудия, должны включать в себя и охватывать, среди прочего, предупреждение преступности, пра- воохранительную деятельность, полицию, судебную систему, уголовное преследование, адвокатов и уголовно-пенитенциарные системы,

признавая, что надежные и эффективные системы уголовного правосудия могут созда- ваться лишь на основе верховенства закона и защиты прав человека, и что верховенство закона само по себе требует защиты таких систем уголовного правосудия,

признавая, что эффективные и действенные системы уголовного правосудия, основанные на верховенстве закона, являются предпосылкой для борьбы с организованной преступно- стью, торговлей людьми, незаконным оборотом наркотиков и оружия, терроризмом, кор- рупцией и другими формами транснациональной и внутринациональной криминальной деятельности и что требуются квалифицированные ответы на эти вызовы безопасности в общих рамках системы уголовного правосудия, (…)

121 2.4.1 Общие положения

признавая необходимость того, чтобы ОБСЕ сфокусировалась на укреплении международ- ного правового сотрудничества и совершенствовании систем уголовного правосудия как части своей общей повестки дня в области безопасности в сотрудничестве с Организацией Объединенных Наций и другими многосторонними форумами, (…)

4. Настоятельно призывает государства-участники уделять надлежащее внимание добро- совестности и профессионализму правоохранительных учреждений и органов уголовного преследования, эффективному отправлению правосудия и надлежащей работе судебной системы, независимости судов и должному функционированию пенитенциарной системы и изучить альтернативы лишению свободы;

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия)

(…)

Мы призываем все государства-участники полностью выполнять свои обязательства и меж- дународные обязательства для обеспечения справедливого и эффективного действия их систем уголовного правосудия.

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

подчеркивая то значение, которое мы придаем правам человека, верховенству закона и демо- кратии, с учетом их взаимосвязанного и взаимоусиливающего характера,

подчеркивая также важность верховенства закона как вопроса на стыке всех измерений для обеспечения соблюдения прав человека и демократии, безопасности и стабильности, надлежащего управления, взаимных экономических и торговых отношений, гарантиро- ванности инвестиций и благоприятного делового климата, а также его роль в борьбе с кор- рупцией, организованной преступностью и всеми формами незаконного оборота, в том числе наркотических средств и оружия, а также с торговлей людьми, которое, таким обра- зом, служит основой политического, экономического, социального и экологического раз- вития государств-участников, (…)

2. Призывает государства-участники, при необходимости, вносить вклад в выполнение про- ектов и программ ОБСЕ в поддержку верховенства закона; (…)

122 2.4.1 Общие положения

• (…) эффективное отправление правосудия, право на справедливое разбирательство, доступ к судам, подотчетность государственных институтов и должностных лиц, уваже- ние верховенства закона в государственном управлении, право на правовую помощь (…); (…) • приверженность принципу урегулирования споров мирными средствами; (…) • эффективное законодательство и судебно-административная база в целях содействия эко- номической деятельности, торговле и инвестициям в государствах-участниках и между ними; • соблюдение верховенства закона в сфере защиты природной среды в регионе ОБСЕ; • повышение осведомленности в вопросах, связанных с верховенством закона, в рамках судов, правоохранительных ведомств, полицейских органов и систем отбывания нака- заний, а также систем подготовки профессиональных юристов; • образование по вопросам верховенства закона, а также создание возможностей для вза- имодействия и обмена профессиональными юристами, учеными и студентами юридиче- ских факультетов из различных государств-участников региона ОБСЕ; • роль конституционных судов или приравниваемых к ним институтов государств-участ- ников как инструмента, призванного содействовать соблюдению во всех государствен- ных институтах принципов верховенства закона, демократии и прав человека; • предоставление эффективных средств правовой защиты, когда это необходимо, и доступ 2 к ним; • соблюдение стандартов и практики верховенства закона в системе уголовного правосудия; • борьба с коррупцией; (…)

Афины, 2009 г. (Решение № 7/09 Участие женщин в политической и общественной жизни)

Совет министров, (…)

призывает государства-участники:

1. Рассмотреть возможность принятия конкретных мер для достижения цели гендерной сбалансированности во всех органах (…) судебной и исполнительной власти (…)

123 2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы

Астана, 2010 г.

2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы

Копенгаген, 1990 г.

Москва, 1991 г.

(19) Государства-участники (19.1) будут соблюдать международно признанные нормы, касающиеся независимости судей и юристов-практиков и беспристрастного функционирования государственной судебной службы, включая, в частности, Всеобщую декларацию прав человека и Международный пакт о гражданских и политических правах; (19.2) при осуществлении соответствующих норм и обязательств будут обеспечивать, чтобы независимость судебных органов была гарантирована и закреплена в конституции или зако- нодательстве страны и соблюдалась на практике, обращая особое внимание на Основные принципы независимости судебной системы, в которых, в частности, предусматривается: (i) запрещение неправомерного влияния на суд; (ii) недопущение пересмотра судебных решений административными органами, за исклю- чением прав компетентных властей в соответствии с законом уменьшать строгость при- говоров, вынесенных судьями, или смягчать их; (iii) защита свободы слова и ассоциаций сотрудников судебных органов с учетом лишь таких ограничений, которые совместимы с осуществлением ими своих функций; (iv) обеспечение того, чтобы судьи обладали надлежащей квалификацией и подготовкой и выбирались на недискриминационной основе; (v) обеспечение гарантии несменяемости и надлежащих условий службы, в том числе в вопросах продвижения по службе судей, где это применимо; (vi) соблюдение условий неприкосновенности; (vii) обеспечение того, чтобы дисциплинарные санкции, временное отстранение от долж- ности и увольнение судей осуществлялось в соответствии с законом.

124 2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы

(20) Для обеспечения независимости судебных органов государства-участники будут: (20.1) признавать важную роль, которую национальные и международные ассоциации судей и адвокатов могут сыграть в деле обеспечения большего уважения независимости своих членов, а также образования и профессиональной подготовки в вопросах роли судебных органов и юристов в обществе; (20.2) содействовать и способствовать диалогу, обменам и сотрудничеству между нацио- нальными ассоциациями и другими группами, заинтересованными в обеспечении уваже- ния независимости судебных органов и защиты адвокатов; (20.3) сотрудничать между собой, в частности путем диалога, контактов и обменов, с целью выявления проблемных областей в вопросах защиты независимости судей и юристов-прак- тиков и определения путей и средств рассмотрения и разрешения таких проблем; (20.4) сотрудничать на постоянной основе в таких областях, как образование и про- фессиональная подготовка судей и юристов-практиков, а также разработка и принятие законодательства, направленного на обеспечение большего уважения их независимости и беспристрастного функционирования государственной судебной службы.

Стамбул, 1999 г. (Хартия европейской безопасности: IV. Наши общие инструменты)

45. Мы будем также способствовать развитию независимых судебных систем, играющих клю- чевую роль в предоставлении правовой защиты от нарушений прав человека, а также оказы- 2 вать консультационные услуги и помощь в реформировании пенитенциарной системы (…)

Совет министров, (…)

признавая, что беспристрастная и независимая судебная система играет жизненно важ- ную роль в обеспечении надлежащей юридической процедуры и защиты прав человека до, в ходе и после судебного разбирательства,

признавая, что адвокатам принадлежит важнейшая роль в обеспечении права на справед- ливое судебное разбирательство и в поощрении и защите других прав человека в рамках системы уголовного правосудия, (…)

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия) (…)

Мы ссылаемся на обязательство государств-участников обеспечивать независимость судеб- ной системы. (…)

Мы считаем, что: • судебная независимость является предпосылкой для верховенства закона и служит осно- вополагающей гарантией справедливого судебного разбирательства;

125 2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы

• беспристрастность жизненно необходима для надлежащего исполнения судебной долж- ности; • беспристрастность жизненно необходима для надлежащего исполнения судебной долж- ности; • обоснованность и доказательство обоснованности являются жизненно необходимыми для любой деятельности судьи; • гарантия равного обращения со всеми в судах являются жизненно необходимыми для должной деятельности судебной инстанции; • компетентность и усердие являются предпосылкой для должной деятельности судеб- ной инстанции.

Мы считаем, что: • обвинители должны быть лицами, наделенными добросовестностью и способностями, и должны обладать надлежащей профессиональной подготовкой и квалификацией; • обвинители должны в любой момент времени поддерживать честь и достоинство своей профессии и уважать верховенство закона; • должность обвинителя должна быть четко отделена от судебных функций и обвинители должны уважать независимость и беспристрастность судей; • в соответствии с законом обвинители должны выполнять свои обязанности справед- ливым, последовательным и оперативным образом, уважать и защищать человеческое достоинство и поддерживать права человека, содействуя таким образом обеспечению над- лежащего процессуального порядка и беспрепятственного функционирования системы уголовного правосудия. (…)

Мы считаем, что: • следует принимать все необходимые меры, с тем чтобы уважать, защищать и развивать свободу осуществления профессии адвоката без какой-либо дискриминации или неу- местного вмешательства со стороны властей или публики; • решения, касающиеся выдачи разрешения практиковать в качестве адвоката или при- соединиться к профессии должны приниматься независимым органом. Такие решения, независимо от того приняты они независимым органом или нет, должны подлежать рас- смотрению независимым и беспристрастным органом правосудия; • адвокаты не должны подвергаться каким-либо санкциям или давлению или их угрозе, действуя в соответствии со своими профессиональными стандартами; • адвокаты должны иметь доступ к своим клиентам, в том числе, в частности, к лицам, лишенным свободы, с тем чтобы иметь возможность беседовать с ними наедине и пред- ставлять своих клиентов в соответствии с установленными профессиональными стан- дартами; • должны быть приняты все необходимые и разумные меры для обеспечения уважения кон- фиденциальности отношений адвоката и клиента. Исключения из этого правила позво- лительны только в случаях их совместимости с верховенством закона; • адвокатам не должны отказывать в доступе к суду, в котором они правомочны появляться, и они должны иметь доступ ко всем соответствующим свидетельствам и протоколам

126 2.4.2 Независимость судей и адвокатов, беспристрастное функционирование государственной судебной службы

при защите прав и интересов своих клиентов в соответствии со своими профессиональ- ными стандартами. (…)

Брюссель, 2006 г. (Решение № 5/06 Организованная преступность)

Совет министров, (…)

4. Настоятельно призывает государства-участники уделять надлежащее внимание добро- совестности и профессионализму (…) органов уголовного преследования, эффективному отправлению правосудия и надлежащей работе судебной системы, независимости судов и должному функционированию пенитенциарной системы (…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- 2 ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: • независимость судебной системы, эффективное отправление правосудия, право на спра- ведливое разбирательство, доступ к судам, подотчетность государственных институтов и должностных лиц, уважение верховенства закона в государственном управлении, право на правовую помощь и соблюдение прав человека лиц, взятых под стражу; (…)

Дублин, 2012 г. (Декларация о совершенствовании надлежащего управления и борьбе с коррупцией, отмыванием денег и финансированием терроризма) (…)

Мы отмечаем, что для борьбы с коррупцией требуется долгосрочный всесторонний стра- тегический подход и сильные институты. Мы убеждены в недопустимости оказания непо- добающего давления на тех, на кого возложены функции по профилактике, выявлению, расследованию и судебному преследованию коррупционных преступлений и по вынесению приговоров виновным. В частности, мы подчеркиваем ключевую роль правоохранительных и судебных органов в борьбе с коррупцией и обеспечении верховенства права. Мы признаем крайне важным обеспечить независимость судей для наделения их способностью выпол- нять эту функцию и считаем необходимым наращивать усилия на этом направлении. (…)

127 2.4.3 Отправление правосудия

2.4.3 Отправление правосудия

A. Правоохранительные органы

Москва, 1991 г.

(21) Государства-участники будут (21.1) принимать все необходимые меры для обеспечения того, чтобы сотрудники право- охранительных органов при наведении общественного порядка действовали в обществен- ных интересах, с учетом конкретных потребностей и законных целей, а также использовали соразмерные обстоятельствам методы и средства, не превышающие потребностей право- охранительных действий; (21.2) обеспечивать, чтобы правоохранительные действия подлежали судебному контролю, чтобы сотрудники правоохранительных органов несли ответственность за такие действия и чтобы жертвы действий, квалифицированных как нарушение вышеуказанных обяза- тельств, могли в соответствии с национальным правом требовать надлежащей компенсации. (22) Государства-участники примут необходимые меры для обеспечения того, чтобы в курс подготовки сотрудников правоохранительных органов включались учебные предметы и информация относительно запрещения использования сотрудниками правоохранитель- ных органов чрезмерной силы, а также соответствующие международные и национальные кодексы поведения.

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

37. Государства-участники не будут использовать вооруженные силы в целях ограничения мирного и законного осуществления прав человека и гражданских прав лицами, действую- щими в личном качестве либо в качестве представителей групп, или в целях лишения этих лиц их национальной, религиозной, культурной, языковой или этнической самобытности.

Стамбул, 1999 г. (Хартия европейской безопасности: IV. Наши общие инструменты)

45. (…) ОБСЕ будет также работать с другими международными организациями с целью создания политических и правовых условий, позволяющих полиции выполнять свои задачи в соответствии с принципами демократии и верховенства закона.

Бухарест, 2001 г. (Решение № 9/01 Деятельность, связанная с полицейскими функциями)

Совет министров, (…)

подтверждая, что для утверждения верховенства закона и защиты демократических инсти- тутов необходима эффективная полицейская деятельность; (…)

128 2.4.3 Отправление правосудия

1. Постановляет, что при разработке планов деятельности ОБСЕ, связанной с полицейскими функциями, с целью (…) активизации полицейской деятельности ОБСЕ, (…) ОБСЕ будет: (…) • изучать и развивать роль работы по подготовке полицейских кадров, особенно комплекс- ной, в создании полицейских служб, которые могли бы пользоваться доверием всего насе- ления, а также в укреплении доверия (…)

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия) (…)

Мы считаем, что: • сотрудники правоохранительных органов должны в любой момент времени исполнять долг, возложенный на них законом, служа обществу и защищая все лица от незаконных актов в соответствии с высокой степенью ответственности, требуемой их профессией; • при исполнении своего долга сотрудники правоохранительных органов обязаны ува- жать и защищать человеческое достоинство и поддерживать и охранять права человека всех лиц; • сотрудникам правоохранительных органов следует использовать силу только сообразно необходимости и целесообразности для выполнения своей задачи и обеспечения безо- пасности населения; 2 • сотрудники правоохранительных органов, будучи членами более широкой группы госу- дарственных служащих или других лиц, действующих в официальном качестве, не должны применять, провоцировать, поощрять или терпеть любой акт пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания; • никакой сотрудник правоохранительных органов не должен подлежать наказанию за то, что он не выполнил приказы о совершении или сокрытии актов, равнозначных пыт- кам и другим жестоким, бесчеловечным или унижающим достоинство видам обраще- ния и наказания; • сотрудники правоохранительных органов должны проявлять интерес и внимание к здо- ровью лиц, содержащихся под их стражей, и, в частности, должны принимать неотлож- ные меры для обеспечения, в случае необходимости, медицинской помощи; (…)

Брюссель, 2006 г. (Решение № 5/06 Организованная преступность)

Совет министров, (…)

4. Настоятельно призывает государства-участники уделять надлежащее внимание добро- совестности и профессионализму правоохранительных учреждений и органов уголовного преследования, эффективному отправлению правосудия и (…) должному функциониро- ванию пенитенциарной системы (…) (…)

129 2.4.3 Отправление правосудия

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: (…) • повышение осведомленности в вопросах, связанных с верховенством закона, в рамках судов, правоохранительных ведомств, полицейских органов и систем отбывания нака- заний, а также систем подготовки профессиональных юристов; (…)

Афины, 2009 г. (Решение № 7/09 Участие женщин в политической и общественной жизни)

Совет министров, (…)

призывает государства-участники:

4. Рассмотреть возможность принятия мер для создания, где это необходимо, равных воз- можностей внутри силовых структур, в том числе в вооруженных силах, позволяющих обеспечивать сбалансированное комплектование личным составом, продолжение службы и продвижение по службе мужчин и женщин; (…)

130 2.4.3 Отправление правосудия

B. Обращение с лицами, лишенными свободы

Смотри также: II. 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(23) Государства-участники будут (23.1) обеспечивать, чтобы никто не подвергался произвольному аресту, содержанию под стражей или ссылке; (23.2) обеспечивать, чтобы со всеми лицами, содержащимися под стражей или в заключе- нии, обращались гуманно и с уважением достоинства, присущего человеческой личности; (23.3) соблюдать принятые ООН минимальные стандартные правила обращения с заклю- ченными, а также принятый ООН Кодекс поведения должностных лиц по поддержанию правопорядка; (23.4) запрещать пытки и другие виды жестокого, бесчеловечного или унижающего чело- веческое достоинство обращения и наказания и принимать эффективные законодатель- ные, административные, судебные и другие меры по предотвращению такой практики и наказанию за нее; (23.5) рассматривать вопрос о присоединении к Конвенции против пыток и других жесто- 2 ких, бесчеловечных или унижающих достоинство видов обращения или наказания, если они этого еще не сделали; (23.6) защищать лиц от любой психиатрической или другой медицинской практики, кото- рая нарушает права человека и основные свободы, и принимать эффективные меры по предупреждению такой практики и наказанию за нее.

(24) (…) В государствах-участниках, в которых смертная казнь не отменена, смертный при- говор может быть вынесен только за самые тяжкие преступления в соответствии с зако- ном, действовавшим в момент совершения преступления, и не вопреки их международным обязательствам (…)

Москва, 1991 г.

131 2.4.3 Отправление правосудия

или задержания, и чтобы в случае незаконного ареста оно было безотлагательно осво- бождено; (v) любое лицо, обвиненное в совершении уголовного преступления, имело право защи- щать себя самостоятельно или с помощью адвоката по его собственному выбору или в том случае, если это лицо не располагает достаточными средствами для оплаты услуг адво- ката, чтобы эти услуги были предоставлены ему бесплатно, когда того требуют интересы справедливости; (vi) любое арестованное или задержанное лицо имело право без неоправданных задер- жек уведомить или просить компетентный орган уведомить соответствующих лиц по его выбору о его аресте, задержании, тюремном заключении и месте нахождения; любые ограничения в осуществлении этого права будут устанавливаться законом и соответ- ствовать международным стандартам; (vii) были приняты, если этого еще не сделано, эффективные меры по обеспечению того, чтобы содержание под стражей или заключение не использовалось правоохранитель- ными органами в целях принуждения лица к признанию, самооговору или даче показа- ний против другого лица; (viii) продолжительность любого допроса и перерывов между допросами заносилась в протокол и удостоверялась в соответствии с национальным правом; (ix) задержанное лицо или его адвокат имели право заявить ходатайство или жалобу по поводу обращения с ним, в частности в случае пыток или другого жестокого, бесчеловеч- ного или унижающего достоинство обращения, в органы, ответственные за управление местом содержания под стражей, и в вышестоящие инстанции, а в случае необходимо- сти – соответствующему органу, обладающему надзорными или иными полномочиями по исправлению положения; (х) такое ходатайство или жалоба оперативно рассматривались и без необоснованной задержки на них давался ответ; в случае отклонения ходатайства или жалобы или в слу- чае неправомерной задержки заявитель будет иметь право обратиться с ней в судебный или другой орган; ни задержанное или находящееся в заключении лицо, ни любой дру- гой заявитель не должны пострадать в связи с обращением с ходатайством или жалобой; (xi) любое лицо, ставшее жертвой незаконного ареста или задержания, имело обеспечен- ное судебной защитой право требовать компенсации. (23,2) Государства-участники будут (i) стремиться принимать необходимые меры для улучшения условий, в которых нахо- дятся лица, содержащиеся под стражей или в заключении; (ii) обращать особое внимание на проблему альтернатив тюремному заключению.

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия) (…)

Мы считаем, что: (…) • сотрудники правоохранительных органов должны проявлять интерес и внимание к здо- ровью лиц, содержащихся под их стражей, и, в частности, должны принимать неотлож- ные меры для обеспечения, в случае необходимости, медицинской помощи; (…)

132 2.4.4 Выполнение международных обязательств

Мы считаем, что исполнение наказания, связанного с лишением свободы, и обращение с заключенными должны учитывать требования охраны, безопасности и дисциплины при одновременном обеспечении условий заключения, не нарушающих человеческое достоин- ство и обеспечивающих заключенным возможность разумной профессиональной деятельно- сти и надлежащих программ обращения, готовя их тем самым к реинтеграции в общество. (…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: • (…) эффективное отправление правосудия, (…) право на правовую помощь и соблюде- ние прав человека лиц, взятых под стражу; (…) 2 2.4.4 Выполнение международных обязательств

Государства-участники будут добросовестно выполнять свои обязательства по междуна- родному праву, как и те обязательства, которые вытекают из общепризнанных принципов и норм международного права, так и те обязательства, которые вытекают из соответству- ющих международному праву договоров или других соглашений, участниками которых они являются.

При осуществлении своих суверенных прав, включая право устанавливать свои законы и административные правила, они будут сообразовываться со своими юридическими обяза- тельствами по международному праву; они будут, кроме того, учитывать должным образом и выполнять положения Заключительного акта Совещания по безопасности и сотрудни- честву в Европе.

Государства-участники подтверждают, что в том случае, когда обязательства членов Орга- низации Объединенных Наций по Уставу Организации Объединенных Наций окажутся в противоречии с их обязательствами по какому-либо договору или другому международ- ному соглашению, преимущественную силу имеют их обязательства по Уставу, в соответ- ствии со статьей 103 Устава ООН.

133 2.4.4 Выполнение международных обязательств

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия)

(…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

1. Призывает все государства – участники ОБСЕ соблюдать свои международно-правые обязательства и выполнять принятые в рамках ОБСЕ обязательства относительно верхо- венства закона как на международном, так и на национальном уровнях, в том числе во всех аспектах деятельности своих законодательной, административной и судебной ветвей власти; (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: (…) • соблюдение международно-правовых обязательств как ключевой элемент укрепления верховенства закона в регионе ОБСЕ; (…)

134 3. Обязательства по правам человека, принадлежащим каждому человеку 3.1 Гражданские и политические права

3.1 Гражданские и политические права

3.1.1 Общие положения

[Государства-участники] будут поощрять и развивать эффективное осуществление граж- данских, политических (…) и других прав и свобод, которые все вытекают из достоинства, присущего человеческой личности, и являются существенными для ее свободного и пол- ного развития.

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

[Государства-участники] равным образом подчеркивают свою решимость совершенство- вать свои законы и административные правила в области гражданских, политических (…) и других прав человека и основных свобод; они также подчеркивают свою решимость обе- спечивать эффективное осуществление этих прав и свобод.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(12) [Государства-участники] (…) признают, что все гражданские, политические (…) и дру- гие права и свободы имеют первостепенное значение и должны полностью осуществляться всеми надлежащими способами.

(13) В этой связи они будут: (…) (13.2) рассматривать вопрос о присоединении к Международному пакту о гражданских и политических правах (…) Факультативному протоколу к Пакту о гражданских и поли- тических правах и другим соответствующим международным инструментам, если они этого еще не сделали; (…)

3.1.2 Право на жизнь/отмена смертной казни

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(24) В том, что касается вопроса о смертной казни, государства-участники отмечают, что в некоторых из них смертная казнь была отменена. В государствах-участниках, в которых смертная казнь не отменена, смертный приговор может быть вынесен только за самые тяж- кие преступления в соответствии с законом, действовавшим в момент совершения престу- пления, и не вопреки их международным обязательствам. Этот вопрос будет оставаться на рассмотрении. В этом контексте государства-участники будут сотрудничать в рамках соответствующих международных организаций.

136 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

Копенгаген, 1990 г.

(17) Государства-участники (…) (17.2) напоминают в этом контексте о принятии Генеральной Ассамблеей Организации Объ- единенных Наций 15 декабря 1989 года второго Факультативного протокола к Международ- ному пакту о гражданских и политических правах, имеющего целью отмену смертной казни; (17.3) отмечают ограничения и гарантии в отношении применения смертной казни, кото- рые были приняты международным сообществом, в частности в статье 6 Международного пакта о гражданских и политических правах; (17.4) отмечают положения шестого Протокола к Европейской конвенции о защите прав человека и основных свобод, касающиеся отмены смертной казни; (17.5) отмечают принятые в последнее время рядом государств-участников меры по отмене смертной казни; (17.6) отмечают деятельность некоторых неправительственных организаций по вопросу о смертной казни; (17.7) будут обмениваться информацией в рамках Конференции по человеческому изме- рению по вопросу об отмене смертной казни и продолжать рассматривать этот вопрос; (17.8) будут предоставлять общественности информацию относительно применения смерт- ной казни.

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) (…) 3 Мы подчеркиваем, что каждый человек имеет право на жизнь, свободу и личную непри- косновенность; никто не должен содержаться в рабстве, и никто не должен подвергаться пыткам или жестоким, бесчеловечным или унижающим его достоинство видам обраще- ния или наказания. (…)

3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(23) Государства-участники будут (…) (23.2) обеспечивать, чтобы со всеми лицами, содержащимися под стражей или в заключе- нии, обращались гуманно и с уважением достоинства, присущего человеческой личности; (23.3) соблюдать принятые ООН минимальные стандартные правила обращения с заклю- ченными, а также принятый ООН Кодекс поведения должностных лиц по поддержанию правопорядка;

137 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

(23.4) запрещать пытки и другие виды жестокого, бесчеловечного или унижающего чело- веческое достоинство обращения и наказания и принимать эффективные законодатель- ные, административные, судебные и другие меры по предотвращению такой практики и наказанию за нее; (23.5) рассматривать вопрос о присоединении к Конвенции против пыток и других жесто- ких, бесчеловечных или унижающих достоинство видов обращения или наказания, если они этого еще не сделали; (23.6) защищать лиц от любой психиатрической или другой медицинской практики, кото- рая нарушает права человека и основные свободы, и принимать эффективные меры по предупреждению такой практики и наказанию за нее.

Копенгаген, 1990 г.

(16) Государства-участники (…) (16.2) намереваются в срочном порядке рассмотреть вопрос о присоединении к Конвен- ции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, если они еще не сделали этого, и признании компетенции Коми- тета против пыток в соответствии со статьями 21 и 22 Конвенции и снятии оговорок отно- сительно компетенции Комитета в соответствии со статьей 20; (16.3) подчеркивают, что никакие исключительные обстоятельства, будь то состояние войны или угроза войны, внутренняя политическая нестабильность или любое другое чрезвычай- ное положение, не могут служить оправданием пыток; (16.4) будут обеспечивать, чтобы образование и информация относительно запрещения пыток полностью включались в подготовку работников гражданских и военных право- охранительных органов медицинского персонала, государственных служащих и других лиц, которые могут иметь дело с содержанием под стражей, ведением допроса или обра- щением с любым лицом, подвергшимся какой-либо форме ареста, задержания или тюрем- ного заключения; (16.5) будут систематически рассматривать правила, инструкции, методы и практику ведения допроса, а также условия содержания под стражей и обращения с лицами, подвергшимися какой-либо форме ареста, задержания или тюремного заключения на любой территории под их юрисдикцией, с тем, чтобы не допустить каких-либо случаев пыток; (16.6.) будут в первоочередном порядке принимать для рассмотрения и проведения надле- жащих действий, отвечающих согласованным мерам и процедурам эффективного выпол- нения обязательств, относящихся к человеческому измерению СБСЕ, любые случаи пыток и других бесчеловечных или унижающих достоинство видов обращения и наказания, о которых им стало известно по официальным каналам или из какого-либо иного надеж- ного источника информации; (16.7) будут действовать при том понимании, что сохранение и гарантия жизни и безопас- ности любого лица, подвергающегося какой-либо форме пыток и других бесчеловечных или унижающих человеческое достоинство видов обращения и наказания, будет един- ственным критерием при определении срочности и первоочередности при применении надлежащих средств для исправления положения; и поэтому рассмотрение любых случаев пыток и других бесчеловечных или унижающих достоинство видов обращения и наказания в рамках любого другого международного органа или механизма не может служить основа- нием для того, чтобы воздержаться от рассмотрения и проведения надлежащих действий

138 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

в соответствии с согласованными мерами и процедурами эффективного выполнения обя- зательств, относящихся к человеческому измерению СБСЕ.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что без какой-либо дискриминации (…) никто не будет: (…)

подвергаться пыткам или другим видам жестокого, бесчеловечного или унижающего чело- веческое достоинство обращения и наказания; (…)

Москва, 1991 г.

(23.1) Государства-участники будут обеспечивать, чтобы: (…) (vii) были приняты, если этого еще не сделано, эффективные меры по обеспечению того, чтобы содержание под стражей или заключение не использовалось правоохранительными органами в целях принуждения лица к признанию, самооговору или даче показаний про- тив другого лица; (viii) продолжительность любого допроса и перерывов между допросами заносилась в про- токол и удостоверялась в соответствии с национальным правом; (ix) задержанное лицо или его адвокат имели право заявить ходатайство или жалобу по поводу обращения с ним, в частности в случае пыток или другого жестокого, бесчеловеч- ного или унижающего достоинство обращения, в органы, ответственные за управление местом содержания под стражей, и в вышестоящие инстанции, а в случае необходимо- 3 сти – соответствующему органу, обладающему надзорными или иными полномочиями по исправлению положения; (х) такое ходатайство или жалоба оперативно рассматривались и без необоснованной задержки на них давался ответ; в случае отклонения ходатайства или жалобы или в слу- чае неправомерной задержки заявитель будет иметь право обратиться с ней в судебный или другой орган; ни задержанное или находящееся в заключении лицо, ни любой дру- гой заявитель не должны пострадать в связи с обращением с ходатайством или жалобой;

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

20. Государства-участники решительно осуждают все формы пыток как одно из грубей- ших нарушений прав человека и человеческого достоинства. Они обязуются вести дело к их искоренению.

Они признают важность в этом отношении международных норм, закрепленных в между- народных договорах о правах человека, в частности в Конвенции ООН против пыток и дру- гих жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, а также в Европейской конвенции о предотвращении пыток и бесчеловечного или унижа- ющего достоинство обращения и наказания. Они также признают важность националь- ного законодательства, направленного на искоренение пыток. Они обязуются расследовать все заявления о случаях применения пыток и преследовать виновных в судебном порядке.

139 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

Они, кроме того, обязуются включать в свои программы обучения и подготовки личного состава сил по поддержанию правопорядка и полиции конкретные положения, имеющие целью искоренение пыток. Они считают, что существенно необходимым условием явля- ется обмен информацией по данной проблеме. Государства-участники должны иметь воз- можность получать такую информацию. В этом контексте СБСЕ следует также опираться на опыт Специального докладчика по вопросам пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, назначенного Комиссией ООН по правам человека, а также использовать информацию, предоставляемую неправи- тельственными организациями.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

21. Мы твердо намерены искоренить пытки, а также жестокие и бесчеловечные или унижа- ющие достоинство виды обращения и наказания во всем регионе ОБСЕ. С этой целью мы будем поощрять принятие законодательства, обеспечивающего процедурные и существен- ные гарантии и средства для борьбы с подобной практикой. Мы будем в той мере, в какой это целесообразно, оказывать помощь потерпевшим и сотрудничать с соответствующими международными организациями и неправительственными организациями.

Совет министров, (…)

подчеркивая необходимость открыто выступать против пыток и памятуя о том, что все формы пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания находятся и должны оставаться под запретом всегда и повсюду и следовательно не могут быть оправданы ни при каких обстоятельствах, и потребность в укреплении процедурных гарантий недопущения пыток, а также уголовного преследова- ния тех, кто к ним прибегает, и тем самым, недопущения безнаказанности за применение пыток и призывая государства-участники к скорейшему рассмотрению вопроса о подпи- сании и ратификации Факультативного протокола к Конвенции против пыток, (…)

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) (…)

Мы подчеркиваем, что каждый человек имеет право на жизнь, свободу и личную непри- косновенность; никто не должен содержаться в рабстве, и никто не должен подвергаться пыткам или жестоким, бесчеловечным или унижающим его достоинство видам обраще- ния или наказания. (…)

140 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

Афины, 2009 г. (Декларация встречи министров по случаю 25-й годовщины принятия Конвенции против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания)

1. Мы, члены Совета министров ОБСЕ, вновь заявляем о своей глубокой приверженно- сти Конвенции против пыток и других жестоких, бесчеловечных или унижающих досто- инство видов обращения и наказания, принятой Генеральной ассамблеей ООН 10 декабря 1984 года, сторонами которой стали все государства – участники ОБСЕ.

2. По случаю 25-й годовщины принятия этой Конвенции мы вновь заявляем, что, как было провозглашено также во Всеобщей декларации прав человека, никто не должен подвер- гаться пыткам или жестоким, бесчеловечным или унижающим его достоинство видам обращения и наказания.

3. Мы признаем, что пытки являются одним из самых тяжких преступлений и утверждаем, что свобода от пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания является не допускающим отступлений правом, которое защищает присущие человеку честь и достоинство личности.

4. Мы решительно осуждаем все формы пыток и другие жестокие, бесчеловечные или уни- жающие достоинство виды обращения и наказания, которые запрещены и должны оста- ваться под запретом всегда и везде и поэтому никогда не могут иметь оправдания.

5. У нас вызывает серьезную озабоченность тот факт, что пытки и другие жестокие, бесче- ловечные или унижающие достоинство виды обращения и наказания по-прежнему имеют место во многих районах мира, в том числе в государствах – участниках ОБСЕ.

6. В этой связи мы обязуемся поддерживать абсолютный запрет на пытки и другие жесто- кие, бесчеловечные или унижающие достоинство виды обращения и наказания, который 3 провозглашен в Конвенции, с тем чтобы в полном объеме и добросовестно выполнять ее положения и действовать в полном соответствии со всеми ее принципами.

7. Мы призываем государства – участники, которые еще не сделали этого, как можно ско- рее рассмотреть возможность присоединения к Факультативному протоколу к Конвенции.

8. Мы также подтверждаем нашу решимость в полном объеме выполнять свои общие при- нятые в рамках ОБСЕ обязательства по искоренению пыток и других жестоких, бесчело- вечных или унижающих достоинство видов обращения и наказания.

9. Мы обязуемся активизировать наши усилия с целью принятия решительных, сфокусиро- ванных и эффективных мер по предупреждению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними и обеспечи- вать полную реабилитацию жертв пыток.

10. Мы признаем ценный вклад ОБСЕ в продвижение принципов и положений, заложен- ных в Конвенции.

11. Мы считаем необходимым полностью сотрудничать на этом направлении с соответ- ствующими международными межправительственными органами.

141 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

12. Мы воздаем должное настойчивым усилиям гражданского общества, ведущего работу с целью предупреждения пыток и других жестоких, бесчеловечных или унижающих досто- инство видов обращения и наказания и облегчения страданий жертв.

Тирана, 2020 г. (Решение № 7/20 Недопущение и искоренение пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания)

Совет министров,

решительно осуждая все формы пыток и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания как одно из наиболее вопиющих нарушений прав человека и человеческого достоинства и вновь подтверждая, что пытки и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания запрещаются и всегда и всюду будут запрещаться, (…)

будучи глубоко обеспокоен все еще существующей практикой применения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания во многих частях планеты, в том числе в регионе ОБСЕ, которая является следствием, в част- ности, неполного выполнения соответствующих обязательств по международному праву и обязательств в рамках ОБСЕ и все еще имеющей место безнаказанности виновных, кото- рая зачастую обусловлена непроведением скорого, независимого и эффективного рассле- дования таких преступлений и судебного преследования за них,

будучи глубоко обеспокоен актами пыток и других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, совершаемыми в отношении лиц за осу- ществление ими своих прав человека и основных свобод,

будучи глубоко обеспокоен тем, что пытки и другие жестокие, бесчеловечные или унижа- ющие достоинство виды обращения и наказания используются для получения сведений или признания, (…)

будучи глубоко обеспокоен тем, что в регионе ОБСЕ все еще имеют место случаи насиль- ственных исчезновений, что является серьезным нарушением прав человека, (…)

признавая, что во время конфликтных ситуаций, включая вооруженные конфликты, а также гражданских беспорядков и массовых протестов, следует уделять особое внимание недо- пущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,

вновь подтверждая, что все государства-участники должны в полной мере выполнять свои обязательства по международному гуманитарному праву и международному праву прав человека, (…)

напоминая всем государствам-участникам о том, что продолжительное содержание под стра- жей без связи с внешним миром или содержание в тайных местах заключения может спо- собствовать совершению пыток и других видов жестокого, бесчеловечного или унижающего

142 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

достоинство обращения и наказания и может само по себе быть разновидностью такого обращения,

признавая, что распространенность коррупции, в том числе в правоохранительной и судеб- ной системах, может оказывать негативное воздействие на борьбу против пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, в том числе подрывая основные гарантии и мешая жертвам пыток и других жестоких, бесчеловеч- ных или унижающих достоинство видов обращения и наказания эффективно добиваться правосудия, возмещения и компенсации ущерба в рамках системы отправления правосудия,

подчеркивая важность эффективных правовых и процессуальных гарантий на всех этапах содержания под стражей, в том числе на ранних стадиях содержания под стражей в поли- ции, как эффективных мер по недопущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,

признавая, что женщины и девочки сталкиваются с повышенным риском подвергнуться пыткам и другим жестоким, бесчеловечным или унижающим достоинство видам обраще- ния и наказания в условиях лишения свободы, и отмечая важность применения в борьбе с пытками и другими видами жестокого, бесчеловечного или унижающего достоинство обращения и наказания подхода, ориентированного на гендерные аспекты, который учи- тывает такой повышенный риск и особые потребности женщин и девочек, с уделением, в частности, особого внимания сексуальному насилию в отношении женщин и девочек, а также гендерному насилию в отношении женщин и девочек, и принимая во внимание Правила Организации Объединенных Наций, касающиеся обращения с женщинами-за- ключенными и мер наказания для женщин-правонарушителей, не связанных с лишением свободы (Бангкокские правила),

признавая важность применения ориентированного на интересы жертв подхода в ходе борьбы против пыток и других жестоких, бесчеловечных или унижающих достоинство 3 видов обращения и наказания с уделением особого внимания мнениям и особым потреб- ностям жертв и их ближайших родственников при разработке политики и осуществлении других мероприятий, касающихся реабилитации, профилактических мер и привлечения к ответственности виновных в совершении пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,

отмечая, что эффективная борьба с пытками и другими жестокими, бесчеловечными или унижающими достоинство видами обращения и наказания требует комплексного и ориен- тированного на интересы жертв подхода, охватывающего профилактические меры, доступ к правосудию, привлечение к ответственности, возмещение ущерба и подкрепляемое пра- вовой санкцией право на справедливую и адекватную компенсацию, включая средства для возможно более полной реабилитации,

отмечая, что государства-участники в соответствии со своими международными обяза- тельствами должны гарантировать права и защищать права человека всех лиц, лишенных свободы, включая тех, кому грозит смертная казнь,

вновь подтверждая, что все лица, лишенные свободы, имеют право на гуманное обраще- ние и уважение достоинства, присущего человеческой личности, и отмечая важность при- нятия государствами-участниками на постоянной основе надлежащих мер для улучшения условий содержания под стражей в интересах более строгого соблюдения прав человека и достоинства таких лиц, в том числе принимая во внимание выполнение принятых ООН

143 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

Минимальных стандартных правил обращения с заключенными (Правила Нельсона Ман- делы) или аналогичных стандартов,

подчеркивая содержащиеся в КПП ООН требования о том, чтобы все акты пыток, попытки подвергнуть пытке, а также акты соучастия или участия в пытке квалифицировались в качестве преступлений по национальному уголовному праву, влекущих за собой надле- жащие наказания, отражающие их тяжкий характер, и что никакие сведения или призна- ния, которые, как установлено, были получены под пыткой, не использовались в качестве доказательства в ходе любого судебного разбирательства ни при каких обстоятельствах, кроме как в качестве доказательства факта совершения пыток лицом, обвиняемым в дан- ном правонарушении,

отмечая роль, которую международные, региональные и национальные превентивные механизмы или другие соответствующие органы, включая национальные правозащитные учреждения, способны играть в деле эффективного недопущения актов пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, а также важность сотрудничества с международными экспертами, уполномоченными ока- зывать государствам-участникам содействие в их усилиях по недопущению пыток и дру- гих жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания,

подчеркивая необходимость недопущения того, чтобы какой-либо орган или должностное лицо назначало, применяло, разрешало и допускало какие-либо санкции, карательные меры или запугивание в отношении любого лица, группы лиц или объединения за поддержание контактов, вступление или попытку вступления в контакт с любым компетентным наци- ональным или международным органом или механизмом, занимающимся недопущением пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбой с ними,

подчеркивая, что национальные правовые системы должны обеспечивать, чтобы жертвы пыток либо другого жестокого, бесчеловечного или унижающего достоинство обращения и наказания имели эффективный доступ к правосудию, включая незамедлительное про- ведение беспристрастного и эффективного расследования, не подвергаясь наказанию за жалобы или дачу показаний, и чтобы в их отношении была восстановлена справедливость, а сами они обладали обеспеченным правовой санкцией правом на справедливую и надле- жащую компенсацию, включая средства для максимально полной реабилитации,

высоко оценивая настойчивые усилия, предпринимаемые гражданским обществом на наци- ональном и международном уровнях в интересах эффективного недопущения пыток и дру- гих жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними, а также облегчения страданий жертв,

подчеркивая важность сотрудничества между ОБСЕ и другими международными и регио- нальными организациями и механизмами в интересах развития многостороннего сотруд- ничества и достижения синергетического эффекта от взаимодействия без ненужного дублирования, что может способствовать эффективному недопущению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбе с ними, (…)

144 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

призывает государства-участники:

1. Отстаивать провозглашенный в КПП ООН абсолютный запрет на любые виды пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения и нака- зания, добросовестно выполнять в полном объеме ее положения и действовать в полном соответствии со всеми провозглашенными в ней принципами;

2. Полностью выполнять свои обязательства по Факультативному протоколу к КПП ООН (ФПКПП), когда это применимо, и безотлагательно рассмотреть вопрос о присоединении к ФПКПП, если они еще не сделали этого;

3. Полностью выполнять свои обязательства по МКЗЛНИ, когда это применимо;

4. Полностью выполнять свои обязательства по Женевским конвенциям 1949 года в отно- шении запрещения пыток и жестокого, бесчеловечного, оскорбительного и унижающего достоинство обращения в контексте вооруженного конфликта;

5. Отказаться и воздерживаться от применения методов допроса, представляющих собой пытки и другие жестокие, бесчеловечные или унижающие достоинство виды обращения и наказания, в том числе для получения сведений или признания;

6. Обеспечивать соблюдение эффективных правовых и процессуальных гарантий на всех этапах содержания под стражей, в том числе на ранних стадиях содержания под стражей в полиции;

7. Уважать гарантии, касающиеся свободы, безопасности и достоинства человека, и обеспе- чивать отмену длительного содержания под стражей без связи с внешним миром или отказ от тайных мест содержания под стражей и проведения допросов при том понимании, что такое содержание может способствовать совершению пыток и других жестоких, бесчело- 3 вечных или унижающих достоинство видов обращения и наказания и может само по себе составлять форму такого обращения;

8. Квалифицировать любые акты пыток, попытки подвергнуть пытке, а также акты соуча- стия или участия в пытке в качестве преступлений по национальному уголовному праву, включив в него определение пыток, содержащееся в статье 1 КПП ООН, и предусмотрев надлежащие наказания, отражающие их тяжкий характер, и запретить использование све- дений или признания, полученных под пытками или другими видами жестокого, бесчело- вечного или унижающего достоинство обращения и наказания, в качестве доказательства в ходе любого судебного разбирательства, кроме как в качестве доказательства факта совер- шения пыток лицом, обвиняемым в данном правонарушении;

9. Обеспечить, чтобы любое задержанное или находящееся в заключении лицо либо его адвокат имели право обратиться в соответствующие органы с просьбой или жалобой отно- сительно обращения с задержанным или находящимся в заключении лицом, в частности в случае возможного применения пыток или других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, чтобы такая просьба или жалоба была оперативно, без неоправданного промедления рассмотрена с направлением соответствую- щего ответа и чтобы ни задержанное или находящееся в заключении лицо, ни любой зая- витель или свидетель не стали объектом санкций или карательных мер в результате их обращения с просьбой, жалобой или дачи тех или иных показаний;

145 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

10. Включить информационно-просветительские материалы, касающиеся запрещения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, в программы подготовки сотрудников правоохранительных органов, граж- данского, военного и медицинского персонала, государственных служащих и других лиц, которые могут быть причастны к содержанию под стражей, допросам или обращению с любым лицом, подвергаемым аресту, задержанию или тюремному заключению в любой форме, с включением в эти программы, в соответствующих случаях, вопросов соразмер- ного применения силы, сведений о всех доступных современных научных методах рас- следования преступлений и наставлений об исключительной важности информирования вышестоящих органов о случаях пыток или других жестоких, бесчеловечных или унижа- ющих достоинство видов обращения и наказания;

11. Поддерживать усилия соответствующих национальных субъектов, таких, как нацио- нальные превентивные механизмы, национальные правозащитные учреждения или дру- гие национальные органы или механизмы, занимающиеся недопущением пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания; а ратифицировавших ФПКПП – выполнить свое обязательство, касающееся назначения или учреждения независимых, наделенных достаточными ресурсами и эффективных наци- ональных превентивных механизмов;

12. Обеспечить, чтобы государственные органы, во исполнение своих соответствующих международно-правовых обязательств, в полной мере на постоянной основе сотрудни- чали с соответствующими международными превентивными органами или механизмами, такими, как Комитет Организации Объединенных Наций против пыток, Подкомитет по предупреждению пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания и Европейский комитет по предупреждению пыток и бесче- ловечного или унижающего достоинство обращения или наказания, а также с соответству- ющими национальными органами, такими, как национальные правозащитные учреждения, в том числе посредством предоставления неограниченного доступа к местам содержания под стражей, если государство-участник связано международно-правовым обязательством его предоставить;

13. В полной мере сотрудничать с Международным комитетом Красного Креста (МККК) в соответствии с обязательствами государств-участников по международному гуманитар- ному праву;

14. Обеспечивать, чтобы по всем утверждениям о совершении пыток или других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, а также во всех случаях, когда имеются разумные основания полагать, что такое деяние было совер- шено, компетентными и независимыми национальными органами проводилось безот- лагательное, эффективное, тщательное и беспристрастное расследование, а также чтобы заявители и свидетели были защищены от жестокого обращения и запугивания вследствие их обращения с жалобой или дачи ими показаний;

15. Обеспечивать, чтобы лица, поощряющие, подстрекающие, отдающие распоряжение, мирящиеся, допускающие, соглашающиеся или совершающие акты пыток либо других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания, привлекались к ответственности и подвергались наказанию, соразмерному тяжести пре- ступления; к их числу относятся должностные лица, руководящие любым местом содержа- ния под стражей или другим местом лишения свободы, в котором, согласно установленным фактам, было совершено запрещенное деяние;

146 3.1.3 Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания

16. Обеспечивать устранение негативных последствий для жертв пыток или других жесто- ких, бесчеловечных или унижающих достоинство видов обращения и наказания, включая предоставление им эффективных средств правовой защиты и адекватного, эффективного и скорого возмещения ущерба, которое должно включать реституцию, справедливую и адек- ватную компенсацию, реабилитацию, удовлетворение претензий и гарантии неповторения, в полной мере учитывая конкретные потребности жертвы;

17. Обеспечивать возможность оперативного предоставления всем жертвам без какой-либо дискриминации соответствующих реабилитационных услуг и принимать эффективные меры, обеспечивающие жертвам пыток безопасные и благоприятные условия для доступа к реабилитационным услугам и их предоставления;

18. Рассмотреть вопрос о разработке мер по оказанию поддержки всем лицам, пострадав- шим от пыток или других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания, включая их детей и других ближайших родственников;

19. Содействовать распространению информации для жертв о возможности воспользо- ваться реабилитационными услугами и обеспечивать прозрачность процедур получения реабилитации;

20. Поддерживать усилия организаций гражданского общества, занимающихся недопуще- нием пыток и других жестоких, бесчеловечных или унижающих достоинство видов обраще- ния и наказания и борьбой с ними, создавать условия для внесения ими активного вклада в соответствующих случаях и использовать представленную ими информацию в предпо- лагаемых случаях применения пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания;

21. Принимать надлежащие эффективные законодательные, административные, судеб- ные и иные меры в целях недопущения и запрещения производства, торговли, экспорта, 3 импорта и использования оборудования, которое не предназначено ни для какого иного практического применения, кроме пыток и других видов жестокого, бесчеловечного или унижающего достоинство обращения и наказания;

22. Продолжать пользоваться предоставляемыми БДИПЧ консультационными, эксперт- ными услугами и технической помощью в области недопущения пыток и других жесто- ких, бесчеловечных или унижающих достоинство видов обращения и наказания и борьбы с ними или рассмотреть возможность обращения за ними.

147 3.1.4 Право не подвергаться произвольному аресту или лишению свободы

3.1.4 Право не подвергаться произвольному аресту или лишению свободы

Смотри также: II. 2.4.1: Верховенство закона > Общие положения II. 2.4.3 B: Обращение с лицами, лишенными свободы II. 3.1.3: Запрет пыток и другого жестокого, бесчеловечного или унижающего достоинство обращения или наказания II. 3.1.5: Право на справедливое судебное разбирательство II. 3.1.6: Право на эффективные средства правовой защиты

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(23) Государства-участники будут (23.1) обеспечивать, чтобы никто не подвергался произвольному аресту, содержанию под стражей или ссылке; (…)

Копенгаген, 1990 г.

(5.15) каждое арестованное или задержанное по уголовному обвинению лицо имеет право, с тем, чтобы можно было вынести решение относительно законности его ареста или задер- жания, быть в срочном порядке доставленным к судье или другому должностному лицу, уполномоченному законом осуществлять такую функцию; (…)

Москва, 1991 г.

(23.1) Государства-участники будут обеспечивать, чтобы: (i) лицо могло быть лишено свободы лишь на таких основаниях и в соответствии с такими процедурами, какие установлены законом; (ii) любое лицо, подвергающееся аресту, было информировано без задержек на доступ- ном ему языке о причине его ареста и любых выдвигаемых против него обвинениях; (iii) любое лишенное свободы лицо было без задержек информировано о его правах в соот- ветствии с национальным законодательством; (iv) любое арестованное или задержанное лицо имело право без задержек предстать перед судьей или другим должностным лицом, правомочным определять законность его ареста или задержания, и чтобы в случае незаконного ареста оно было безотлагательно осво- бождено; (…) (vi) любое арестованное или задержанное лицо имело право без неоправданных задер- жек уведомить или просить компетентный орган уведомить соответствующих лиц по его выбору о его аресте, задержании, тюремном заключении и месте нахождения; любые ограничения в осуществлении этого права будут устанавливаться законом и соответ- ствовать международным стандартам; (vii) были приняты, если этого еще не сделано, эффективные меры по обеспечению того, чтобы содержание под стражей или заключение не использовалось правоохранительными

148 3.1.5 Право на справедливое судебное разбирательство

органами в целях принуждения лица к признанию, самооговору или даче показаний про- тив другого лица; (viii) продолжительность любого допроса и перерывов между допросами заносилась в протокол и удостоверялась в соответствии с национальным правом; (ix) задержанное лицо или его адвокат имели право заявить ходатайство или жалобу по поводу обращения с ним, в частности в случае пыток или другого жестокого, бесчеловеч- ного или унижающего достоинство обращения, в органы, ответственные за управление местом содержания под стражей, и в вышестоящие инстанции, а в случае необходимо- сти – соответствующему органу, обладающему надзорными или иными полномочиями по исправлению положения; (х) такое ходатайство или жалоба оперативно рассматривались и без необоснованной задержки на них давался ответ; в случае отклонения ходатайства или жалобы или в слу- чае неправомерной задержки заявитель будет иметь право обратиться с ней в судебный или другой орган; ни задержанное или находящееся в заключении лицо, ни любой дру- гой заявитель не должны пострадать в связи с обращением с ходатайством или жалобой; (xi) любое лицо, ставшее жертвой незаконного ареста или задержания, имело обеспечен- ное судебной защитой право требовать компенсации.

3.1.5 Право на справедливое судебное разбирательство

Смотри также: II. 2.4: Верховенство закона II. 3.1.4: Право не подвергаться произвольному аресту или лишению свободы II. 3.1.6: Право на эффективные средства правовой защиты

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы) 3 [Государства-участники] (…) будут: (…)

(13.9) обеспечивать, чтобы эффективные средства правовой защиты, а также полная инфор- мация о них были доступны тем, кто заявляет, что их права человека и основные свободы были нарушены; они будут, в частности, эффективно применять следующие средства пра- вовой защиты: • право лица апеллировать к исполнительным, законодательным, судебным или админи- стративным органам; • право на справедливое и публичное разбирательство в разумные сроки в независимом и беспристрастном суде, включая право выдвигать юридическую аргументацию и быть представленным адвокатом по своему выбору; • право быть быстро и официально уведомленным о решении, принятом по любой апел- ляции, включая юридические основания, на которых основывалось решение. Эта инфор- мация будет предоставляться, как правило, в письменной форме и во всяком случае так, чтобы позволить лицу эффективно воспользоваться другими доступными средствами правовой защиты.

149 3.1.5 Право на справедливое судебное разбирательство

Копенгаген, 1990 г.

(5) [Государства-участники] торжественно заявляют, что к числу элементов справедливо- сти, которые существенно необходимы для полного выражения достоинства, присущего человеческой личности, и равных и неотъемлемых прав всех людей относятся следующие: (…) (5.12) независимость судей и беспристрастное функционирование государственной судеб- ной службы обеспечиваются; (5.13) независимость адвокатов признается и защищается, в частности в том, что касается условий их приема на работу и практики; (5.14) нормы, касающиеся уголовного процесса, будут содержать четкое определение ком- петенции в отношении разбирательства и мер, которые предшествуют и сопровождают такое разбирательство; (5.15) каждое арестованное или задержанное по уголовному обвинению лицо имеет право, с тем, чтобы можно было вынести решение относительно законности его ареста или задер- жания, быть в срочном порядке доставленным к судье или другому должностному лицу, уполномоченному законом осуществлять такую функцию; (5.16) каждый человек имеет право при рассмотрении любого предъявленного ему уголов- ного обвинения или при определении его прав и обязанностей в каком-либо гражданском процессе на справедливое и открытое разбирательство компетентным, независимым и бес- пристрастным судом, созданным на основании закона; (5.17) любое лицо, преследуемое в судебном порядке, имеет право защищать себя лично или без промедления через посредство выбранного им самим защитника, или, если это лицо не располагает достаточными средствами для оплаты услуг защитника, на безвозмездное получение таких услуг, когда этого требуют интересы правосудия; (5.18) никто не будет обвинен, судим или осужден за какое-либо уголовное преступление, если только оно не предусмотрено законом, который ясно и четко определяет элементы этого преступления; (5.19) каждый считается невиновным, пока виновность его не будет доказана согласно закону; (…)

150 3.1.6 Право на эффективные средства правовой защиты

Совет министров, (…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- 3 ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: • (…) эффективное отправление правосудия, право на справедливое разбирательство, доступ к судам, подотчетность государственных институтов и должностных лиц, уваже- ние верховенства закона в государственном управлении, право на правовую помощь (…)

3.1.6 Право на эффективные средства правовой защиты

Смотри также: II. 2.4: Верховенство закона II. 3.1.4: Право не подвергаться произвольному аресту или лишению свободы II. 3.1.5: Право на справедливое судебное разбирательство

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(13) (…) [Государства-участники] будут (…)

(13.9) обеспечивать, чтобы эффективные средства правовой защиты, а также полная инфор- мация о них были доступны тем, кто заявляет, что их права человека и основные свободы

151 3.1.6 Право на эффективные средства правовой защиты

были нарушены; они будут, в частности, эффективно применять следующие средства пра- вовой защиты: • право лица апеллировать к исполнительным, законодательным, судебным или админи- стративным органам; • право на справедливое и публичное разбирательство в разумные сроки в независимом и беспристрастном суде, включая право выдвигать юридическую аргументацию и быть представленным адвокатом по своему выбору; • право быть быстро и официально уведомленным о решении, принятом по любой апел- ляции, включая юридические основания, на которых основывалось решение. Эта инфор- мация будет предоставляться, как правило, в письменной форме и во всяком случае так, чтобы позволить лицу эффективно воспользоваться другими доступными средствами правовой защиты.

Копенгаген, 1990 г.

(11) Государства-участники заявляют далее, что в случаях, когда, как утверждается, имело место нарушение прав человека и основных свобод, имеющиеся эффективные средства правовой защиты включают (11.1) право отдельного лица запрашивать и получать адекватную юридическую помощь; (11.2) право отдельного лица запрашивать и получать помощь от других в защите прав человека и основных свобод и помогать другим в защите прав человека и основных свобод; (11.3) право отдельных лиц или групп, действующих от их имени, поддерживать связь с меж- дународными органами, наделенными компетенцией получать и рассматривать информа- цию, касающуюся утверждений о нарушении прав человека. (…)

(40) Государства-участники (…) будут

152 3.1.6 Право на эффективные средства правовой защиты

(…) (40.5) – признавать право каждого лица на эффективные средства правовой защиты и будут стремиться признавать, в соответствии с национальным законодательством, право заинте- ресованных лиц и групп выступать с жалобами и поддерживать жалобы по поводу актов дискриминации, включая акты расизма и ксенофобии.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы будем обеспечивать, чтобы каждый человек пользовался доступом к эффективным средствам правовой защиты, национальным или международным, против любого нару- шения его прав.

Москва, 1991 г.

(18.2) Каждый человек будет обладать эффективными средствами правовой защиты от административных решений, с тем чтобы гарантировалось уважение основных прав и обе- спечивалось ненанесение ущерба правовой системе.

(18.3) С этой же целью будут предусмотрены эффективные средства правовой защиты для лиц, понесших ущерб в результате действия административных положений.

(18.4) Государства-участники будут стремиться обеспечить судебный контроль за такими положениями и решениями.

Любляна, 2005 г. (Решение № 12/05 Обеспечение прав человека и верховенство закона в рамках систем уголовного правосудия) 3 Совет министров, (…)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

153 3.1.7 Отказ от военной службы по убеждениям совести и альтернативная служба

• предоставление эффективных средств правовой защиты, когда это необходимо, и доступ к ним; (…)

3.1.7 Отказ от военной службы по убеждениям совести и альтернативная служба

Копенгаген, 1990 г.

(18) Государства-участники (18.1) отмечают, что Комиссия по правам человека Организации Объединенных Наций при- знала право каждого отказываться от военной службы по убеждениям совести; (18.2) отмечают меры, принятые в последнее время рядом государств-участников, с тем чтобы разрешать освобождать от обязательной военной службы на основании отказа по убеждениям совести; (18.3) отмечают деятельность некоторых неправительственных организаций в связи с отка- зом от обязательной военной службы по убеждениям совести; (18.4) соглашаются рассмотреть вопрос о введении, где это еще не было сделано, различ- ных форм альтернативной службы, которые совместимы с мотивами отказа по убежде- ниям совести, причем такие формы альтернативной службы в принципе не будут связаны со службой в боевых частях или будут иметь гражданский характер, будут общественно полезными и не будут носить характера какого- либо наказания; (18.5) сделать информацию по этому вопросу доступной общественности; (18.6) оставят на рассмотрении в рамках Конференции по человеческому измерению соот- ветствующие вопросы, связанные с освобождением от обязательной военной службы, где таковая существует, отдельных лиц на основании отказа от службы в вооруженных силах по убеждениям совести и будут обмениваться информацией по этим вопросам.

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

28. Государства-участники будут отражать в своих законах или других соответствую- щих документах права и обязанности личного состава вооруженных сил. Они рассмотрят вопрос о введении практики освобождения от военной службы или прохождения альтер- нативной службы.

3.1.8 Свобода мысли, совести, религии или убеждений

Государства-участники будут уважать права человека и основные свободы, включая свободу мысли, совести, религии и убеждений, для всех, без различия расы, пола, языка и религии. (…)

154 3.1.8 Свобода мысли, совести, религии или убеждений

В этих рамках государства-участники будут признавать и уважать свободу личности испо- ведовать, единолично или совместно с другими, религию или веру, действуя согласно веле- нию собственной совести.

Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях)

Государства-участники (…) подтверждают, что религиозные культы, учреждения и орга- низации, действующие в конституционных рамках государств-участников, и их пред- ставители могут в сфере их деятельности осуществлять между ними контакты и встречи и обмениваться информацией.

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Государства-участники (…) кроме того, соглашаются принимать меры, необходимые для обеспечения свободы личности исповедовать, единолично или совместно с другими, рели- гию или веру, действуя согласно велению собственной совести.

В этом контексте они будут проводить консультации во всех случаях, когда это необходимо, с религиозными культами, учреждениями и организациями, которые действуют в консти- туционных рамках своих стран.

Они будут благожелательно рассматривать ходатайства религиозных объединений верую- щих, исповедующих или готовых исповедовать свою веру в конституционных рамках своих государств, о предоставлении статуса, предусматриваемого в их странах для религиозных культов, учреждений и организаций.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы) 3 (…)

(11) [Государства-участники] подтверждают, что будут уважать права человека и основные свободы, включая свободу мысли, совести, религии и убеждений, для всех, без различия расы, пола, языка и религии. Они также подтверждают всеобщее значение прав человека и основных свобод, уважение которых является существенным фактором мира, справед- ливости и безопасности, необходимых для обеспечения развития дружественных отноше- ний и сотрудничества между ними, как и между всеми государствами. (…)

(16) С целью обеспечить свободу личности и исповедовать религию или веру государства-у- частники будут, среди прочего: (16.1) принимать эффективные меры по предотвращению и ликвидации дискриминации лиц или объединений на почве религии или убеждений в отношении признания, осущест- вления и пользования правами человека и основными свободами во всех областях граж- данской, политической, экономической, социальной и культурной жизни и по обеспечению действительного равенства между верующими и неверующими; (16.2) способствовать климату взаимной терпимости и уважения между верующими раз- личных объединений, а также между верующими и неверующими;

155 3.1.8 Свобода мысли, совести, религии или убеждений

(16.3) предоставлять по их просьбе объединениям верующих, исповедующих или готовых исповедовать свою веру в конституционных рамках своих государств, признание статуса, предусмотренного для них в их соответствующих странах; (16.4) уважать право этих религиозных объединений: • основывать и содержать свободно доступные места богослужений или собраний; • организовываться в соответствии со своей собственной иерархической и институцион- ной структурой; • выбирать, назначать и заменять свой персонал согласно своим соответствующим тре- бованиям и стандартам, а также любым свободно достигнутым договоренностям между ними их государством; • испрашивать и получать добровольные финансовые и другие пожертвования; (16.5) вступать в консультации с религиозными культами, учреждениями и организациями с целью достижения лучшего понимания потребностей религиозных свобод; (16.6) уважать право каждого давать и получать религиозное образование на языке по сво- ему выбору или индивидуально, или совместно с другими; (16.7) в этом контексте уважать, среди прочего, свободу родителей обеспечивать религи- озное и нравственное воспитание своих детей в соответствии со своими собственными убеждениями; (16.8) разрешать подготовку религиозного персонала в соответствующих заведениях; (16.9) уважать право верующих и религиозных объединений приобретать и использовать священные книги, религиозные издания на языке по своему выбору и другие предметы и материалы, относящиеся к исповедованию религии или веры, и владеть ими; (16.10) разрешать религиозным культам, учреждениям и организациям производить, импор- тировать и распространять религиозные издания и материалы; (16.11) благожелательно рассматривать заинтересованность религиозных объединений в уча- стии в общественном диалоге, в том числе через средства массовой информации.

(17) Государства-участники признают, что осуществление вышеупомянутых прав, отно- сящихся к свободе религии или убеждений, может подлежать лишь таким ограничениям, которые установлены законом и совместимы с их обязательствами по международному праву и их международными обязательствами. Они будут обеспечивать в своих законах и административных правилах и при их применении полное и эффективное осуществле- ние свободы мысли, совести, религии или убеждений. (…)

(32) Они будут разрешать верующим, религиозным культам и их представителям, на группо- вой или индивидуальной основе, устанавливать и поддерживать прямые личные контакты и общение друг с другом в их собственных и других странах, в частности посредством поез- док, паломничества и участия в собраниях и других религиозных мероприятиях. В этом контексте и в той мере, в которой это соизмеримо с такими контактами и мероприятиями, тем, о ком идет речь, будет разрешаться приобретать, получать и везти с собой религиоз- ные публикации и предметы культа, относящиеся к исповедованию их религии или веры.

156 3.1.8 Свобода мысли, совести, религии или убеждений

Копенгаген, 1990 г.

Государства-участники подтверждают, что

(9.4) каждый человек имеет право на свободу мысли, совести и религии. Это право вклю- чает свободу менять религию или убеждения и свободу исповедовать свою религию или веру как индивидуально, так и совместно с другими, публично или частным образом путем отправления культа, обучения и выполнения религиозных и ритуальных обрядов. Осу- ществление этих прав подлежит лишь таким ограничениям, которые предписаны законом и соответствуют международным стандартам; (…)

(32) (…) Лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать свою этническую культурную, языковую или религиозную самобытность и поддерживать и развивать свою культуру во всех ее аспектах, не подверга- ясь каким-либо попыткам ассимиляции вопреки своей воли. В частности, они имеют право: (…) (32.3) исповедовать свою религию, в том числе приобретать, обладать и использовать рели- гиозные материалы и осуществлять религиозную деятельность в области образования на своем родном языке; (…)

(33) Государства-участники будут защищать этническую, культурную, языковую и рели- гиозную самобытность национальных меньшинств на своей территории и создавать усло- вия для поощрения этой самобытности. Они будут принимать необходимые меры с этой целью после проведения надлежащих консультаций, включая контакты с организациями или ассоциациями таких меньшинств, в соответствии с процедурой принятия решений 3 каждого государства.

Любые такие меры будут соответствовать принципам равенства и недискриминации в отно- шении других граждан соответствующих государств-участников. (…)

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

27. Вновь подтверждая свое обязательство обеспечивать свободу совести и религии и спо- собствовать созданию климата взаимной терпимости и уважения между верующими раз- личных общин, а также между верующими и неверующими, они выразили озабоченность в связи с использованием религии в агрессивных националистических целях.

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

9. Заявляет о важности свободы мысли, совести, религии и убеждений и осуждает любую дискриминацию и насилие, в том числе против любых религиозных групп или отдельных верующих. Обязуется обеспечивать и поощрять свободу личности исповедовать и прак- тиковать, единолично или совместно с другими, религию или веру – при необходимости посредством транспарентных и недискриминационных законов, правил, практики и поли- тики. Рекомендует государствам-участникам обращаться за помощью к БДИПЧ и его группе

157 3.1.8 Свобода мысли, совести, религии или убеждений

экспертов по вопросам свободы религии и убеждений. Подчеркивает важность продолже- ния и укрепления межконфессионального и межкультурного диалога в интересах большей толерантности, взаимного уважения и взаимопонимания.

Астана, 2010 г.

7. На нашем пути остаются серьезные угрозы и вызовы. (…)Следует наращивать усилия по утверждению свободы религии и убеждений и по борьбе с нетерпимостью и дискри- минацией. (…)

Киев, 2013 г. (Решение № 3/13 Свобода мысли, совести, религии и убеждений) (…)

вновь подтверждая ранее принятые СБСЕ/ОБСЕ решения, касающиеся свободы мысли, совести, религии и убеждений (…),

будучи привержен цели обеспечения уважения и реализации на практике свободы мысли, совести, религии и убеждений всеми людьми,

подчеркивая, что каждый человек имеет право на свободу мысли, совести, религии и убежде- ний, которая включает свободу иметь или принимать религию или убеждения по сво- ему выбору, а также не иметь и не исповедовать никакой религии, менять свою религию или убеждения, а также исповедовать свою религию или убеждения как единолично, так сообща с другими, публичным или частным порядком, через учение, выполнение риту- альных и религиозных обрядов и отправление культа. Свобода исповедовать свою рели- гию или убеждения подлежит лишь ограничениям, установленным законом и отвечающим международным нормам,

вновь подтверждая обязательства государств-участников уважать, защищать и обеспечи- вать право каждого на свободу мысли, совести, религии и убеждений,

подчеркивая взаимосвязь между безопасностью и полным уважением свободы мысли, совести, религии и убеждений,

будучи глубоко озабочен продолжающимися повсюду в мире актами нетерпимости и наси- лия в отношении лиц и религиозных либо объединенных теми или иными убеждениями сообществ по соображениям мысли, совести, религии или убеждений,

подчеркивая взаимозависимый, взаимосвязанный и взаимоподкрепляющий характер сво- боды мысли, совести, религии и убеждений и всех других прав человека и основных свобод,

подчеркивая важность содействия формированию атмосферы взаимной терпимости и ува- жения между верующими различных сообществ, а также между верующими и неверующими,

призывает государства-участники: • выполнять в полном объеме принятые в рамках ОБСЕ обязательства, касающиеся сво- боды мысли, совести, религии и убеждений; • выполнять в полном объеме свои обязательства, касающиеся обеспечения права всех людей исповедовать свою религию или убеждения и выполнять требуемые ими обряды

158 3.1.9 Свобода объединения и право на проведение мирных собраний

как единолично, так и сообща с другими, публичным или частным порядком, а также исповедовать свою религию или убеждения через учение, выполнение ритуальных и рели- гиозных обрядов и отправление культа, в частности, путем реализации транспарентных и недискриминационных законов, правил, практики и политических установок, • воздерживаться от введения несовместимых с принятыми в рамках ОБСЕ политиче- скими обязательствами и международно-правовыми обязательствами ограничений на отправление частными лицами и религиозными сообществами религиозного культа или следование своим убеждениям; • стимулировать и облегчать открытый и транспарентный межконфессиональный и межре- лигиозный диалог и партнерские связи; • стремиться к предупреждению нетерпимости, насилия и дискриминации на почве рели- гии и убеждений, в том числе в отношении христиан, иудеев, мусульман и приверженцев других религий, а также против неверующих, осудить насилие и дискриминацию на почве религии и пытаться предупреждать нападения на людей и группы лиц по соображениям мысли, совести, религии и убеждений и обеспечивать защиту их от таких нападений; • содействовать своевременному включению религиозных сообществ или сообществ, объе- диненных теми или иными убеждениями, в процесс обсуждения общественностью соот- ветствующих законодательных инициатив; • содействовать диалогу между религиозными либо объединенными теми или иными убежде- ниями сообществами и государственными органами, в том числе, при необходимости, по вопросам, касающимся использования места отправления культа и религиозного имущества; • принимать эффективные меры по предупреждению и пресечению дискриминации в отно- шении лиц, а также религиозных и объединенных теми или иными убеждениями сооб- ществ на почве религии или убеждений, в том числе в отношении неверующих, со стороны государственных должностных лиц в контексте исполнения ими своих служебных обя- занностей; 3 • проводить политику, направленную на воспитание уважения и защиту мест отправле- ния культа и религиозных объектов, религиозных памятников, кладбищ и святынь от вандализма и уничтожения.

3.1.9 Свобода объединения и право на проведение мирных собраний

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Государства-участники будут обеспечивать право трудящихся свободно создавать и всту- пать в профессиональные союзы, право профессиональных союзов свободно осуществлять свою деятельность и другие права, как они изложены в соответствующих международных актах. Они отмечают, что эти права будут осуществляться при соблюдении законодатель- ства государства и в соответствии с обязательствами государства по международному праву. Они будут поощрять должным образом прямые контакты и связь между такими профес- сиональными союзами и их представителями.

София, 1989 г. (Преамбула)

159 3.1.9 Свобода объединения и право на проведение мирных собраний

публиковать и распространять информацию об этих проблемах, без правовых и адми- нистративных препятствии, несовместимых с положениями СБСЕ. Эти отдельные лица, группы и организации имеют право участвовать в публичном обсуждении проблем окру- жающей среды, а также устанавливать и поддерживать прямые и независимые контакты на национальном и международном уровнях.

Бонн, 1990 г. (Преамбула)

признавая взаимосвязь политического плюрализма и рыночной экономики и будучи привер- женными принципам, касающимся: (…) • экономической деятельности, которая соответственно утверждает человеческое досто- инство и свободна от (…) лишения трудящихся права свободно создавать независимые профсоюзы или вступать в них; будут стремиться достичь или придерживаться следующего (…)

Копенгаген, 1990 г.

(7) (…) государства-участники (7.6) уважают право отдельных лиц и групп лиц создавать в условиях полной свободы свои политические партии или другие политические организации (…) (…)

(9) Государства-участники подтверждают, что (9.2) каждый человек имеет право на мирные собрания и демонстрации. Любые ограниче- ния, которые могут быть установлены в отношении осуществления этих прав, предписы- ваются законом и соответствуют международным стандартам; (9.3) право на ассоциацию гарантируется. Право создавать и, в зависимости от общего права профсоюза определять свое членство, свободно вступать в профсоюз, гарантируется. Эти права исключают любой предварительный контроль. Свобода ассоциации для рабочих, включая свободу забастовок, гарантируется с ограничениями, предписанными законом и соответствующими международным стандартам; (…)

(10) (…) государства-участники заявляют о своем обязательстве: (10.3) обеспечивать, чтобы отдельным лицам было разрешено осуществлять право на ассо- циацию, включая право создавать, присоединяться и эффективно участвовать в деятель- ности неправительственных организаций, которые стремятся поощрять и защищать права человека и основные свободы, включая профсоюзы и группы по наблюдению за соблюде- нием прав человека; (…)

160 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

(…) (32.6) создавать и поддерживать организации или ассоциации в пределах своей страны и участвовать в деятельности международных неправительственных организаций.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что без какой-либо дискриминации каждый человек имеет право на: (…) свободу ассоциации и мирных собраний (…)

Хельсинки, 2008 г. (Заявление Совета министров по случаю 60-летия принятия Всеобщей декларации прав человека) (…)

Мы вновь заявляем, что каждый человек имеет право на свободу мысли, совести, религии или вероисповедания; свободу мнения и его выражения, свободу мирных собраний и ассо- циаций. При осуществлении этих прав каждый человек может подвергаться только таким ограничениям, которые установлены законом и соответствуют нашим международным обязательствам, как юридически обязывающим, так и политическим. (…)

3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

A. Общие положения

Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях) 3 Государства-участники,

сознавая потребность во все более широком знании и понимании различных аспектов жизни других государств-участников,

отмечая вклад этого процесса в рост доверия между народами,

желая с развитием взаимопонимания между государствами-участниками и с дальней- шим улучшением отношений между ними продолжать и дальше усилия с целью прогресса в этой области,

отмечая важное значение распространения информации из других государств- участни- ков и лучшего ознакомления с такой информацией, (…)

161 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(34) (…) согласно Международному пакту о гражданских и политических правах, Всеобщей декларации прав человека и их соответствующим международным обязательствам относи- тельно поиска, получения и распространения всех форм информации [государства-участ- ники] будут обеспечивать, чтобы отдельные лица могли свободно выбирать свои источники информации. В этом контексте они будут: (…) • разрешать отдельным лицам, учреждениям и организациям при уважении прав на интел- лектуальную собственность, включая авторское право, получать, обладать, воспроизво- дить и распространять информационные материалы всякого рода.

С этой целью они будут устранять любые ограничения, не совместимые с вышеупомяну- тыми обязательствами по международному праву и международными обязательствами.

(35) Они будут использовать все возможности, предоставляемые современными средствами связи, включая кабельную и спутниковую, для обеспечения более свободного и более широ- кого распространения всех форм информации. Они будут также поощрять сотрудничество и обмены между их соответствующими учреждениями, организациями и техническими экспертами и работать в направлении гармонизации технических стандартов и норм.

(36) Они будут обеспечивать на практике, чтобы официальные информационные бюллетени могли свободно распространяться на их территории дипломатическими и другими офици- альными миссиями и консульскими представительствами других государств-участников. (…)

(45) Они будут обеспечивать на практике, чтобы лица, принадлежащие к национальным меньшинствам или региональным культурам на их территории, могли распространять информацию на своем родном языке, иметь к ней доступ и обмениваться ею.

София, 1989 г. (Преамбула)

Государства-участники вновь заявляют о своем уважении права отдельных лиц, групп и организаций, занимающихся проблемами окружающей среды, свободно выражать свои мнения, объединяться с другими, проводить мирные собрания, а также получать, публи- ковать и распространять информацию об этих проблемах, без правовых и администра- тивных препятствии, несовместимых с положениями СБСЕ. Эти отдельные лица, группы и организации имеют право участвовать в публичном обсуждении проблем окружающей среды, а также устанавливать и поддерживать прямые и независимые контакты на нацио- нальном и международном уровнях.

Копенгаген, 1990 г.

(7) (…) государства-участники (…) (7.7) обеспечивают, чтобы закон и государственная политика допускали проведение поли- тических кампаний в атмосфере свободы и честности, в которой никакие администра- тивные действия, насилие или запугивание не удерживали бы партии и кандидатов от свободного изложения своих взглядов и оценок, а также не мешали бы избирателям зна- комиться с ними и обсуждать их (…)

162 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

(…)

(9) Государства-участники подтверждают, что (9.1) каждый человек имеет право на свободу выражения своего мнения, включая право на общение. Это право включает свободу придерживаться своего мнения и получать и рас- пространять информацию и идеи без вмешательства со стороны государственных властей и независимо от государственных границ. Осуществление этого права может быть пред- метом лишь таких ограничений, которые предписаны законом и соответствуют междуна- родным стандартам. В частности, не будет установлено никаких ограничений на доступ к средствам для размножения документов всех видов и на их использование при соблюдении, тем не менее, прав, касающихся интеллектуальной собственности, включая авторское право; (…)

(10) (…) государства-участники заявляют о своем обязательстве: (10.1) уважать право каждого самостоятельно или совместно с другими запрашивать, полу- чать и передавать свободно мнения и информацию о правах человека и основных свободах, включая право распространять и публиковать такие мнения и информацию; (10.2) уважать право каждого самостоятельно или совместно с другими изучать и обсуж- дать вопросы соблюдения прав человека и основных свобод и готовить и обсуждать сооб- ражения относительно улучшения защиты прав человека и более совершенных средств обеспечения соблюдения международных стандартов в области прав человека; (…)

(32) (…) Лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать свою этническую культурную, языковую или религиоз- ную самобытность и поддерживать и развивать свою культуру во всех ее аспектах, не под- вергаясь каким-либо попыткам ассимиляции вопреки своей воли. 3

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

36. Государства-участники вновь подтверждают, что свобода выражения своего мнения является основным правом человека и одним из основополагающих элементов демокра- тического общества.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

26. Мы вновь подтверждаем значение (…) и свободных потоков информации, а также доступа общественности к информации. Мы берем на себя обязательство предпринять все необхо- димые меры по созданию необходимой основы (…) беспрепятственного трансграничного и внутригосударственного потоков информации (…)

Астана, 2010 г.

163 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

B. Свобода СМИ и условия работы журналистов

Смотри также: I. 2.3.4 C: Представитель по вопросам свободы средств массовой информации

Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях)

(…) отмечая важное значение распространения информации из других государств-участ- ников и лучшего ознакомления с такой информацией,

подчеркивая поэтому существенную и влиятельную роль печати, радио, телевидения, кино и телеграфных агентств и журналистов, работающих в этих областях;

ставят своей целью облегчать более свободное и широкое распространение всех форм информации, поощрять сотрудничество в области информации и обмен информацией с другими странами и улучшать условия, в которых журналисты из одного государства-у- частника осуществляют свою профессиональную деятельность в другом государстве-у- частнике, и выражают свое намерение, в частности:

(a) Улучшение распространения, доступа и обмена информацией (…) (ii) Печатная информация Способствовать улучшению распространения на их территории газет и печатных изде- лий, периодических и непериодических, из других государств-участников. (…) Способствовать улучшению доступа общественности к [импортируемым] печатным изда- ниям, периодическим и непериодическим (…) (iii) Кино-, радио- и телевизионная информация Способствовать улучшению распространения кино-, радио- и телевизионной информа- ции (…) г осударства-участники отмечают расширение распространения радиоинформации и выражают надежду на продолжение этого процесса, так чтобы это отвечало интере- сам взаимопонимания между народами и целям, определенным настоящим Совещанием.

(b) Сотрудничество в области информации

Поощрять сотрудничество в области информации на основе кратко- или долгосрочных соглашений или договоренностей. В частности: • они будут способствовать более широкому сотрудничеству между органами массовой информации, в том числе между телеграфными агентствами, издательствами и изда- тельскими организациями; • они будут способствовать сотрудничеству между радиовещательными и телевизионными организациями, как государственными, так и частными, национальными и международ- ными, в частности путем обмена прямыми или в записи радио- и телевизионными про- граммами, совместного производства и распространения таких программ;

164 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

• они будут поощрять встречи и контакты как между журналистскими организациями, так и между журналистами государств-участников; • они будут благоприятно относиться к возможности достижения договоренностей между периодическими изданиями, включая газеты, государств-участников об обмене статьями и их публикации; • они будут поощрять обмен технической информацией, а также организацию совместных исследований и проведение встреч специалистов по обмену опытом и мнениями в обла- сти печати, радио и телевидения.

Государства-участники, стремясь к улучшению условий, в которых журналисты одного из государств-участников осуществляют свою профессиональную деятельность в другом государстве-участнике, имеют в виду, в частности: • изучать в благожелательном духе в подходящие и разумные сроки просьбы журнали- стов о выдаче виз; • предоставлять постоянно аккредитованным журналистам государств-участников на основе договоренности многократные въездные-выездные визы на определенный срок; • облегчать выдачу аккредитованным журналистам государств-участников разрешений на проживание в стране их временного пребывания и, если и когда таковые необходимы, других полагающихся им официальных документов; • облегчать на основе взаимности процедуры оформления поездок журналистов госу- дарств-участников по стране, в которой они осуществляют свою профессиональную деятельность, и постепенно предоставлять большие возможности для таких поездок при соблюдении правил, связанных с наличием районов, закрытых по соображениям безопасности; 3 • обеспечивать, чтобы на просьбы таких журналистов о подобных поездках давался ответ по возможности быстро, с учетом срока запроса; • увеличивать возможности личного общения журналистов государств-участников с источ- никами их информации, включая организации и официальные учреждения; • предоставлять журналистам государств-участников право ввоза, лишь при условии после- дующего вывоза, технического оборудования (фото-, кино-, магнитофонного, радио- и телевизионного, необходимого для выполнения их профессиональной деятельности*;) • предоставлять журналистам других государств-участников, будь то постоянно или временно аккредитованным, возможность передавать полностью, в обычном порядке и быстро через признанные государствами-участниками каналы в представляемые ими органы информации результаты их профессиональной деятельности, включая магни- тофонные записи и непроявленную пленку, с целью опубликования или передачи по радио или телевидению.

* Признавая, что во многих случаях иностранными журналистами используется соответствующий мест- ный персонал, государства-участники отмечают, то изложенные выше положения применялись бы при соблюдении подходящих правил к лицам из других государств-участников, которые регулярно и в силу своей профессии работают в качестве техников, фотографов и операторов печати, радио, телевидения или кино.

165 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

Государства-участники подтверждают, что журналисты не могут подвергаться выдворе- нию или иным образом наказываться в результате законного осуществления их профес- сиональной деятельности. В случае выдворения аккредитованного журналиста он будет информирован о причинах этого и может обращаться с просьбой о пересмотре его дела.

Мадрид, 1983 г. (Сотрудничество в гуманитарных и других областях)

[Государства-участники] будут благоприятствовать дальнейшему расширению сотрудни- чества между средствами массовой информации и их представителями, особенно между редакциями агентств печати, газет, радио и телевизионных организаций, а также киноком- паний. Они будут поощрять более регулярный обмен новостями, статьями, приложени- ями, радиопередачами, а также обмен между редакциями с целью лучшего ознакомления с соответствующей практикой. На основе взаимности они будут улучшать материальные и технические средства, предоставляемые постоянно или временно аккредитованным кор- респондентам телевидения и радио. Помимо этого, они будут облегчать непосредственные контакты между журналистами так же, как контакты в рамках профессиональных орга- низаций.

Они будут принимать без чрезмерной задержки решения по просьбам о визах для журна- листов и вновь рассматривать в разумные сроки просьбы, в которых было отказано. Кроме того, на журналистов, желающих совершить поездку по личным причинам, а не с целью профессиональной деятельности, распространяется тот же режим, что и на других посе- тителей из той же страны.

Они будут предоставлять постоянно аккредитованным корреспондентам и членам их семей, живущим с ними, многократные въездные и выездные визы сроком на один год.

Государства-участники будут изучать возможность предоставления на основе, где это необ- ходимо, двусторонних договоренностей аккредитации и соответствующих условий журна- листам из других государств-участников, постоянно аккредитованным в третьих странах.

Они будут способствовать поездкам журналистов из других государств-участников по своей территории, в частности, принимая конкретные меры, где это необходимо, чтобы предо- ставлять им более широкие возможности для поездок, за исключением районов, закрытых по соображениям безопасности. Они будут информировать журналистов заранее, когда это возможно, если новые районы будут закрываться по соображениям безопасности.

Они будут и далее расширять возможности и, когда необходимо, улучшать условия для журналистов из других государств-участников для установления и поддержания личных контактов и связей с их источниками информации.

Они будут, как правило, разрешать, чтобы журналисты радио и телевидения по их просьбе сопровождались собственными звуко- и кинооператорами и использовали собственное оборудование.

Равным образом, журналисты могут иметь с собой справочные материалы, включая личные заметки и досье, которые будут использоваться строго для их профессиональных целей*.

* В этом контексте существует понимание, что ввоз печатных материалов может регулироваться мест- ными правилами, которые будут применяться с должным учетом потребности журналистов в соответ- ствующих рабочих материалах.

166 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(34) (…) Они будут предпринимать дальнейшие усилия для облегчения более свободного и широкого распространения всех форм информации, поощрения сотрудничества в обла- сти информации и улучшения условий работы журналистов. (…)

(…) они будут: • обеспечивать, чтобы в их государствах мог осуществляться прямой и нормальный прием передач радиослужб, действующих в соответствии с правилами радиовещания МСЭ (…)

(37) Они будут поощрять радио- и телевизионные организации осуществлять на основе договоренностей между ними, особенно в странах проведения, прямую передачу программ и дискуссий с участием представителей различных государств, а также трансляцию высту- плений и интервью политических и других деятелей государств-участников.

(38) Они будут поощрять радио- и телевизионные организации освещать различные аспекты жизни в других государствах-участниках и увеличивать число телемостов между их стра- нами.

(39) Напоминая, что законное осуществление журналистами своей профессиональной дея- тельности не поставит их перед угрозой выдворения и не приведет каким-либо другим обра- зом к их наказанию, они будут воздерживаться от принятия ограничительных мер, таких, как лишение журналиста аккредитации или выдворение его из-за содержания репортажей журналиста или его органа информации.

(40) Они будут обеспечивать, чтобы журналисты, включая тех, которые представляют сред- ства массовой информации других государств-участников, при осуществлении ими такой 3 деятельности могли свободно искать доступ к общественным и частным источникам инфор- мации и поддерживать контакты с ними, а также чтобы уважалась их потребность в про- фессиональной конфиденциальности.

(41) Они будут уважать авторское право журналистов.

(42) На основе соглашений между ними там, где это необходимо, и в целях регулярного поступления репортажей они будут предоставлять аккредитацию, где это потребуется, и многократные въездные визы журналистам из других государств-участников, незави- симо от их постоянного места проживания. На этой основе они сократят до максимум двух месяцев период для предоставления как аккредитации, так и многократных въезд- ных виз журналистам.

(43) Они будут облегчать работу иностранных журналистов, предоставляя по просьбе соответствующую информацию относительно практических вопросов, таких, как пра- вила ввоза, налоги и жилье.

(44) Они будут обеспечивать, чтобы официальные пресс-конференции и, в случае целесоо- бразности, другие подобные официальные мероприятия для прессы были также открыты для иностранных журналистов после их аккредитации, где она требуется.

167 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

Копенгаген, 1990 г.

(7) (…) государства-участники (…) (7.8) обеспечивают, чтобы не устанавливались какие-либо юридические или администра- тивные барьеры для беспрепятственного доступа к средствам массовой информации на недискриминационной основе для всех политических группировок и отдельных лиц, жела- ющих принять участие в избирательном процессе;

Москва, 1991 г.

(26) Государства-участники вновь подтверждают право на свободу выражения своего мнения, включая (…) право средств информации собирать, передавать и распространять информацию, новости и мнения. Любые ограничения, касающиеся осуществления этого права, будут предусматриваться законом и соответствовать международным стандартам. Они признают далее, что независимые средства информации являются важнейшим усло- вием для свободного и открытого общества и ответственных за свои действия государ- ственных систем и играют особую роль в деле охраны прав человека и основных свобод. (26.1) Они считают, что средства печати и телерадиовещания на их территории должны иметь неограниченный доступ к иностранным источникам новостей и информационным службам. Общественность будет пользоваться аналогичной свободой получения и передачи информации и идей без вмешательства со стороны государственных властей, независимо от границ, в том числе через иностранные публикации и программы телерадиовещания. Любые ограничения в осуществлении этого права будут устанавливаться законом и соот- ветствовать международным стандартам. (26.2) Государства-участники не будут допускать дискриминации в отношении независи- мых средств информации, в том, что касается их доступа к информации, материалам и тех- ническим средствам. (…) (28.9) Государства-участники будут стремиться обеспечить свободу слова и свободу инфор- мации, совместимые с их международными обязанностями и обязательствами, с тем, чтобы общественность имела возможность обсуждать вопрос о соблюдении прав человека и основ- ных свобод и об отмене чрезвычайного положения. Они в соответствии с международными стандартами в отношении свободы слова не будут принимать каких-либо мер, с тем, чтобы воспрепятствовать журналистам законно осуществлять их профессиональные функции, кроме таких мер, которые совершенно необходимы в конкретной ситуации. (…)

(34) Государства-участники будут принимать в надлежащих случаях все возможные меры для защиты журналистов, находящихся в опасных профессиональных командировках, осо- бенно в случаях вооруженных конфликтов, и будут сотрудничать в этих целях. Такие меры будут включать поиск пропавших журналистов, выяснение их судьбы, оказание необходи- мой помощи и содействие их возвращению в свои семьи.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

36. Государства-участники вновь подтверждают, что свобода выражения своего мнения явля- ется основным правом человека и одним из основополагающих элементов демократического

168 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

общества. В свете этого независимость и плюрализм средств массовой информации чрез- вычайно важны для свободного и открытого общества и обеспечения подотчетности орга- нов государственного управления. Их руководящим принципом будет защита этого права.

37. Они осуждают все случаи нападения на журналистов и целенаправленно враждебного поведения по отношению к ним и будут стремиться привлекать к ответственности лиц, непосредственно виновных в таких нападениях и в таком поведении.

38. Они отмечают также, что действия, особенно со стороны правительств, по разжига- нию ненависти и нагнетанию межэтнической напряженности с помощью средств массо- вой информации могут служить ранним предупреждением о назревающем конфликте.

Лиссабон, 1996 г. (Декларация встречи на высшем уровне)

9. (…) Среди острых проблем человеческого измерения угрозой для стабильности в реги- оне ОБСЕ остаются непрекращающиеся нарушения прав человека, в частности в форме (…) угрозы в адрес независимых средств массовой информации (…) Мы твердо намерены продолжать усилия по решению этих проблем. (…)

11. Свобода печати и средств массовой информации является одной из главных предпосы- лок построения подлинно демократического гражданского общества (…)

1. Государства-участники (…) напоминают о том, что свобода выражения своего мнения является одним из основных международно признанных прав человека и основополагаю- 3 щих элементов демократического общества и что наличие свободных, независимых и плю- ралистичных средств массовой информации представляет собой необходимое условие существования свободного и открытого общества и подотчетной ему системы правления. Принимая во внимание принципы и обязательства, которые государства-участники при- няли в рамках ОБСЕ (…) они постановляют учредить под эгидой Постоянного совета пост Представителя ОБСЕ по вопросам средств массовой информации. Это делается с целью более полного выполнения соответствующих принципов и обязательств ОБСЕ, а также повышения эффективности совместных действий государств-участников на базе их общих ценностей. Государства-участники подтверждают свое намерение в полной мере сотруд- ничать с Представителем ОБСЕ по вопросам свободы средств массовой информации. Он будет оказывать государствам-участникам помощь, в духе сотрудничества, в дальнейшем претворении в жизнь их приверженности развитию свободных, независимых и плюрали- стичных средств массовой информации (…)

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

27. (…) Мы глубоко обеспокоены злоупотреблением средствами массовой информации в зонах конфликтов для разжигания ненависти и межэтнической напряженности, а также использованием правовых ограничений и нападок, чтобы лишить граждан свободных средств массовой информации. Мы подчеркиваем необходимость обеспечения свободы выражения мнений, которая является одним из важнейших элементов политического диа- лога в любом демократическом обществе. Мы поддерживаем усилия Бюро Представителя

169 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

по вопросам свободы средств массовой информации по содействию развитию свободных и независимых средств массовой информации.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

26. Мы вновь подтверждаем значение независимых средств массовой информации и свобод- ных потоков информации, а также доступа общественности к информации. Мы берем на себя обязательство предпринять все необходимые меры по созданию необходимой основы для функционирования свободных и независимых средств массовой информации и бес- препятственного трансграничного и внутригосударственного потоков информации (…)

Милан, 2018 г. (Решение № 3/18 Безопасность журналистов)

Совет министров,

вновь подтверждая все принятые в ОБСЕ соответствующие обязательства, касающиеся права на свободу выражения мнений, свободы средств массовой информации и свобод- ного потока информации (…),

памятуя о том, что каждый человек имеет право на свободу убеждений и на их свободное выражение (…) и что оно является одним из важнейших устоев демократического обще- ства и одним из основополагающих условий для его прогресса и развития, (…)

вновь подтверждая, что независимые средства информации являются важнейшим условием для свободного и открытого общества и ответственных за свои действия государственных систем и играют особую роль в деле охраны прав человека и основных свобод, (…)

признавая, что журналистика и технологии эволюционируют и что это вносит свой вклад в общественные дискуссии и в то же время может также расширить диапазон рисков, кото- рым подвергается безопасность журналистов,

констатируя важность обеспечения и отстаивания безопасности журналистов для осу- ществления соответствующей цели в области устойчивого развития и задач, предусмотрен- ных Повесткой дня Организации Объединенных Наций в области устойчивого развития на период до 2030 года,

признавая, что работа журналистов может подвергнуть их самих и членов их семей опасно- сти стать объектом насилия, а также запугивания и преследования, в том числе с использо- ванием цифровых технологий, что может вынудить журналистов отказаться от продолжения своей работы или привести к самоцензуре,

с озабоченностью отмечая, что применение неоправданных ограничительных мер в отно- шении журналистов может сказаться на их безопасности, не позволяет им информировать общественность и тем самым оказывает негативное воздействие на осуществление права на свободу выражения мнений,

вновь подтверждая, что средства массовой информации на их территории должны иметь неограниченный доступ к иностранным источникам новостей и информационным служ- бам, что общественность будет пользоваться аналогичной свободой получения и передачи

170 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

информации и идей без вмешательства со стороны государственных властей, независимо от границ, в том числе через иностранные публикации и программы телерадиовещания, и что любые ограничения в осуществлении этого права будут устанавливаться законом и соответствовать международным стандартам, (…)

будучи озабочен тем, что нарушения и ущемления права быть защищенным от произ- вольного или незаконного вмешательства в личную жизнь могут сказаться на безопасно- сти журналистов,

будучи глубоко обеспокоен всеми нарушениями прав человека и противоправными дей- ствиями в ущерб безопасности журналистов, сопряженными, в частности, с убийствами, пытками, насильственным исчезновением, произвольным арестом, произвольным задер- жанием и произвольным выдворением, запугиванием, преследованием и угрозами в любой форме, в том числе физической, юридической, политической, технологической или эконо- мической, и нацеленными на подавление проводимой ими работы,

будучи обеспокоен особым риском, которому подвергаются женщины- журналисты в связи со своей работой и который, в частности, связан с использованием цифровых технологий, а также подчеркивая важность обеспечения максимальной безопасности женщин-журна- листов и эффективного учета их опыта и проблем,

признавая решающую роль журналистов в освещении выборов, в частности в информи- ровании общественности о кандидатах, их платформах и проходящих дебатах, и выражая серьезную обеспокоенность по поводу угроз и сопряженных с насилием нападений, кото- рым в этой связи могут подвергаться журналисты,

признавая важность журналистских расследований и что способность средств массовой информации проводить расследования и публиковать их результаты, в том числе в Интер- нете, не опасаясь репрессий, может играть важную общественную роль в наших странах, 3 в том числе в плане привлечения государственных институтов и должностных лиц к ответу,

будучи встревожен ростом целенаправленных кампаний, подрывающих работу журнали- стов, доверие общества и его уверенность в достоверности журналистики, и признавая, что это может повысить риск угроз и насилия в отношении журналистов,

будучи также встревожен случаями, когда политические лидеры, государственные долж- ностные лица и/или органы власти прибегают к запугиванию журналистов, угрозам в их адрес, потворствуют насилию в отношении них или не осуждают его,

выражая глубокое беспокойство в связи с нарастанием угрозы безопасности журналистов, в частности, со стороны террористических групп и преступных организаций,

подчеркивая также особые риски для безопасности журналистов в эпоху цифровых техно- логий, в том числе особую подверженность журналистов риску стать объектами хакерских атак, незаконного или произвольного наблюдения или перехвата сообщений, что подры- вает осуществление ими своего права на свободу выражения мнений и права быть защи- щенным от произвольного или незаконного вмешательства в личную жизнь,

вновь повторяя, что государства-участники осуждают все случаи нападения на журналистов и целенаправленно враждебного поведения по отношению к ним и будут стремиться при- влекать к ответственности лиц, непосредственно виновных в таких нападениях и в таком

171 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

поведении, как это было заявлено на Будапештской встрече СБСЕ на высшем уровне 1994 года, а также признавая, что привлечение к ответственности виновных в преступлениях, совершенных в отношении журналистов, является одним из ключевых элементов преду- преждения нападений в будущем,

подчеркивая важность того, чтобы 2 ноября отмечался провозглашенный Генеральной Ассамблеей ООН Международный день прекращения безнаказанности за преступления против журналистов (МДПБ),

с беспокойством отмечая царящую атмосферу безнаказанности, в условиях которой без- наказанными остаются сопряженные с насилием нападения на журналистов, и признавая роль правительств, законодателей и судебной системы в создании безопасных условий для работы журналистов и обеспечении их безопасности, в частности, путем публичного осу- ждения и привлечения к судебной ответственности всех виновных в преступлениях про- тив журналистов,

напоминая о резолюциях 1738 (2006) и 2222 (2015) Совета Безопасности ООН, в которых осуждаются все нарушения и злоупотребления, совершаемые в отношении журналистов, работников средств массовой информации и связанного с ними персонала в условиях воо- руженного конфликта, и которые гласят, что журналисты, работники средств массовой информации и связанный с ними персонал, находящиеся в опасных профессиональных командировках в районах вооруженного конфликта, рассматриваются как гражданские лица и пользуются защитой в качестве таковых, при условии, что они не совершают ника- ких действий, несовместимых с их статусом гражданских лиц,

призывает государства-участники:

1. В полном объеме выполнять все принятые в ОБСЕ обязательства и их международные обязательства, касающиеся свободы выражения мнений и свободы средств массовой инфор- мации, в том числе путем уважения, поощрения и защиты свободы искать, получать и рас- пространять информацию независимо от государственных границ;

2. Привести свои законы, политику и практику, касающиеся свободы средств массовой информации, в полное соответствие с их международно-правовыми и иными обязатель- ствами, заново рассмотрев их и, где это необходимо, отменив или внеся в них поправки, с тем чтобы они не ограничивали способность журналистов осуществлять свою работу независимо и без неоправданного вмешательства;

3. Публично и безоговорочно осуждать все нападения на журналистов и акты насилия в отношении них, такие, как убийства, пытки, насильственное исчезновение, произвольный арест, произвольное задержание и произвольное выдворение, запугивание, преследование и угрозы в любой форме, в том числе физической, юридической, политической, технологи- ческой или экономической, используемые для подавления их работы и/или неправомер- ного силового закрытия их редакций, в том числе в условиях конфликта;

4. Публично и безоговорочно осуждать также нападения на женщин-журналистов в связи с их работой, включая сексуальные домогательства, надругательства, запугивание, угрозы и насилие, в том числе с использованием цифровых технологий;

172 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

5. Выступить с настоятельным призывом к незамедлительному и безусловному освобо- ждению всех журналистов, подвергшихся произвольному аресту или задержанию, взятых в заложники или ставших жертвами насильственного исчезновения;

6. Принять эффективные меры с целью положить конец безнаказанности за преступления, совершаемые в отношении журналистов, путем обеспечения привлечения к ответствен- ности в качестве одного из ключевых элементов предупреждения нападений в будущем, в том числе путем обеспечения проведения правоохранительными органами незамедли- тельного, эффективного и беспристрастного расследования актов насилия и угроз в отно- шении журналистов, с тем чтобы привлечь виновных к суду и обеспечить жертвам доступ к надлежащим средствам правовой защиты;

7. Выступить с настоятельным призывом к политическим лидерам, государственным долж- ностным лицам и/или органам власти воздерживаться от запугивания, угроз или потворства насилию в отношении журналистов и безоговорочно осудить его, с тем чтобы уменьшить риски или угрозы, которым могут подвергаться журналисты, и не допускать подрыва дове- рия к правдивости журналистов, а также подрыва уважительного отношения к важности независимой журналистики;

8. Воздерживаться от произвольного или незаконного воспрепятствования использова- нию журналистами технологий шифрования и анонимизации, а также воздерживаться от использования методов незаконного или произвольного наблюдения, отмечая, что подоб- ные действия являются посягательством на осуществление журналистами своих прав чело- века и могут подвергнуть их потенциальному риску стать объектом насилия и поставить под угрозу их безопасность;

9. Побуждает государственные учреждения и правоохранительные органы заниматься информационно-просветительской работой и профессиональной подготовкой, связанными с необходимостью обеспечения безопасности журналистов, и способствовать, где это целе- 3 сообразно, вовлечению гражданского общества в такую деятельность;

10. По мере возможности наладить или усилить национальную систему сбора и анализа дан- ных и сигнализирования о случаях нападения на журналистов и насилия в отношении них;

11. Во исполнение обязательств государств-участников согласно нормам международного права прав человека обеспечить, чтобы законы о диффамации не предусматривали чрез- мерных санкций или наказаний, которые могли бы нанести ущерб безопасности журна- листов и/или фактически подвергнуть их цензуре и помешать осуществлению ими своей миссии по информированию общественности, а также, где это необходимо, пересмотреть и отменить такие законы;

12. Более эффективно выполнять применимые нормы правовой базы, касающиеся защиты журналистов, и все соответствующие обязательства, принятые в ОБСЕ;

173 3.1.10 Свобода выражения мнения, свобода СМИ и доступа к информации

C. Свобода культурного и художественного выражения

Смотри также: II. 3.2.3: Культурные права/культурное наследие

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы признаем важнейший вклад нашей общей европейской культуры и разделяемых нами ценностей в преодоление раскола на континенте. Поэтому мы подчеркиваем свою привер- женность свободе творчества, а также защите и развитию нашего культурного и духовного наследия во всем его богатстве и разнообразии.

Краков, 1991 г. (I. Культура и свобода)

1. Государства-участники особо подчеркивают, что уважение прав человека и основных свобод является необходимым условием всестороннего развития культурного творчества.

2. Государственные и общественные органы будут воздерживаться от посягательства на свободу художественного творчества.

3. Государства-участники обязуются содействовать свободному и беспрепятственному раз- витию художественного творчества и защищать его; они признают важную роль отдельных деятелей культуры в обществе и будут уважать и защищать целостность творческого труда.

4. Они признают, что правительствам необходимо обеспечивать равновесие между их двой- ной обязанностью оказывать содействие деятельности в области культуры и гарантировать свободу такой деятельности.

5. Они признают далее, что, учитывая разнообразие деятельности в области культуры в госу- дарствах-участниках, существует много путей, которые имеются в распоряжении прави- тельств для эффективного решения проблем, касающихся культурного наследия.

6. Государства-участники подтверждают свою приверженность свободе самовыражения и в связи с осуществлением этой свободы в области искусства и культуры заявляют сле- дующее: 6.1. Издание письменных материалов, исполнение и трансляция музыкальных, театральных и аудиовизуальных произведений, а также проведение выставок живописи и скульптуры не будут являться объектом ограничений или вмешательства со стороны государства за исключением тех случаев, когда такие ограничения предписываются внутренним законо- дательством и полностью соответствуют международным нормам. 6.2. Они выражают свое убеждение в том, что существование в области искусства и куль- туры различных независимых от государства средств распространения, таких, как изда- тельства, радиовещательные, кинематографические и телевизионные организации, театры и галереи, способствует обеспечению плюрализма и свободы художественного и культур- ного выражения.

7. Государства-участники подтверждают свою приверженность обеспечению беспрепят- ственного доступа к культуре и договариваются о следующем:

174 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

7.1. При условии надлежащего соблюдения прав интеллектуальной собственности любое лицо или независимая организация пользуется правом иметь в собственности, использо- вать и воспроизводить любые виды материалов культурного характера, такие как книги, издания и аудиовизуальные записи, а также средства их воспроизведения.

Москва, 1991 г.

(35) Государства-участники подтверждают, что гарантия свободы творчества и сохранение культурного наследия являются составной частью человеческого измерения СБСЕ. Они считают, что независимая интеллектуальная и культурная жизнь играет решающую роль для существования свободных обществ и демократических институтов. Они будут выпол- нять свои обязательства в сфере культуры, изложенные в Документе Краковского симпо- зиума по культурному наследию (…)

3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

Смотри также: II. 4.4: Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства II. 4.5: Рабочие-мигранты

Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях)

Государства-участники,

рассматривая развитие контактов в качестве важного элемента в укреплении дружествен- ных отношений и доверия между народами, 3 (…)

ставят своей целью облегчать более свободное передвижение и контакты на индивидуаль- ной и коллективной, неофициальной и официальной основе между людьми, учреждениями и организациями государств-участников и содействовать решению вопросов гуманного характера, возникающих в данной области,

заявляют о своей готовности принимать в этих целях меры, которые они сочтут подходя- щими, а также заключать между собой, в случае необходимости, соглашения или достигать договоренностей и выражают свое намерение в настоящее время приступить к осущест- влению следующего:

(a) Контакты и регулярные встречи на основе семейных связей

Имея в виду содействовать дальнейшему развитию контактов на основе семейных связей, государства-участники будут благожелательно рассматривать просьбы о поездках с целью разрешения лицам въезда на их территорию или выезда с нее на временной и, если этого пожелают, регулярной основе для встреч с членами своих семей.

Заявления о временных поездках для встреч с членами своих семей будут рассматри- ваться безотносительно к стране выезда или въезда; существующий порядок оформления проездных документов и виз будет приняться в этом духе. Оформление и выдача таких

175 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

документов и виз будут осуществляться в разумные сроки; в случаях срочной надобности – таких, как серьезная болезнь, смерть – во внеочередном порядке. Они предпримут шаги, которые могут оказаться необходимыми, для обеспечения приемлемого уровня сборов за выдачу официальных проездных документов и виз.

Они подтверждают, что подача просьбы, относящейся к контактам на основе семейных связей, не будет приводить к изменению прав и обязанностей лица, подавшего просьбу, или членов их семьи.

(b) Воссоединение семей

Государства-участники будут в позитивном и гуманном духе рассматривать просьбы лиц, которые желают воссоединиться с членами своей семьи, уделяя особое внимание ходатай- ствам срочного характера, таким как ходатайства, поступающие от больных или преста- релых.

Они будут рассматривать эти просьбы по возможности быстрее. Они будут в случае необ- ходимости снижать сборы, взимаемые в связи с этими просьбами, чтобы обеспечить их умеренный уровень.

Неудовлетворенные просьбы о воссоединении семей могут быть поданы вновь на соот- ветствующем уровне и будут рассматриваться через непродолжительный период времени властями соответственно страны проживания или принимающей страны; при таких обсто- ятельствах сборы будут взиматься только в случае удовлетворения просьбы.

Лица, просьбы которых о воссоединении семей удовлетворены, могут привозить с собой или отправлять вещи домашнего обихода и личного потребления; с этой целью государства-у- частники будут использовать все возможности, содержащиеся в существующих правилах.

Пока члены одной и той же семьи не воссоединятся, встречи и контакты между ними могут осуществляться в соответствии с порядком для контактов на основе семейных связей.

Государства-участники будут поддерживать усилия обществ Красного Креста и Красного Полумесяца, занимающихся проблемами воссоединения семей.

Они подтверждают, что подача просьбы о воссоединении семей не будет приводить к изме- нению прав и обязанностей лица, подавшего просьбу, или членов его семьи.

Принимающее государство-участник будет проявлять соответствующую заботу о трудоу- стройстве лиц из других государств-участников, приезжающих в это государство на посто- янное жительство в рамках воссоединения семей с его гражданами, и заботиться о том, чтобы им предоставлялись равные с собственными гражданами возможности для полу- чения образования, медицинской помощи и социального обеспечения.

Государства-участники будут благожелательно и на основе гуманных соображений изучать просьбы о разрешениях на выезд и въезд лиц, которые решили вступить в брак с гражда- нином другого государства-участника.

176 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

Оформление и выдача документов, требуемых для указанных выше целей и для вступле- ния в брак, будут осуществляться в соответствии с положениями, принятыми в отноше- нии воссоединения семей.

При рассмотрении просьб от уже вступивших в брак супругов из различных государств-у- частников о предоставлении возможности им и несовершеннолетним детям от их брака переносить их постоянное местожительство в государство, в котором обычно проживает один из них, государства-участники будут также применять положения, принятые в отно- шении воссоединения семей.

(d) Поездки по личным или профессиональным причинам

Государства-участники намереваются способствовать более широким возможностям осу- ществления их гражданами поездок по личным или профессиональным причинам, и в этих целях они намерены, в частности: • постепенно упрощать и гибко применять порядок выезда и въезда; • облегчать порядок передвижения граждан из других государств-участников по их тер- ритории с должным учетом требований безопасности.

Они будут стремиться постепенно снижать, где это необходимо, сборы за визы и офици- альные проездные документы.

Они намереваются изучать, в случае необходимости, средства совершенствования дву- сторонней практики консульского обслуживания, в том числе юридической и консуль- ской помощи, включая, насколько это целесообразно, заключение многосторонних или двусторонних консульских конвенций или других соответствующих соглашений и дого- воренностей. 3 Мадрид, 1983 г. (Сотрудничество в гуманитарных и других областях)

Государства-участники будут благожелательно рассматривать просьбы, относящиеся к кон- тактам и регулярным встречам на основе семейных связей, воссоединению семей и бра- кам между гражданами различных государств, и принимать по ним решения в таком духе.

Они будут принимать решения по таким просьбам в срочных случаях для семейных встреч по возможности быстрее, в случаях воссоединения семей и браков между гражданами раз- личных государств – в обычном порядке в течение шести месяцев, в случаях других семей- ных встреч – в постепенно сокращающиеся сроки.

Они подтверждают, что подача или возобновление просьбы в этих случаях не будет при- водить к изменению прав и обязанностей лиц, подавших просьбу, или членов их семей, в частности, что касается трудоустройства, жилья, местожительства, заботы об иждивен- цах, в вопросах получения социальных, экономических или образовательных льгот, а также иных прав и обязанностей, вытекающих из законов и административных правил соответ- ствующего государства-участника.

Государства-участники будут предоставлять необходимую информацию о процедуре, пред- назначенной для лиц, подающих заявления в этих случаях, и о правилах, которые подле- жат соблюдению, а также по просьбе заявителя, предоставлять соответствующие формы.

177 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

Они будут, где это необходимо, постепенно снижать сборы, взимаемые в связи с подачей ука- занных просьб, включая стоимость виз и паспортов, с тем, чтобы довести их до умеренного уровня в отношении к среднемесячному доходу в соответствующем государстве-участнике.

Лица, подавшие просьбы, будут информированы так быстро, как это возможно, о приня- том решении. В случаях отказа лица, подавшие просьбы, будут также информированы об их праве возобновить подачу просьбы через разумно непродолжительный период времени.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(20) Государства-участники будут полностью уважать право каждого: • на свободу передвижения и местожительства в пределах границ каждого государства и • покидать любую страну, включая свою собственную, и возвращаться в свою страну.

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(1) При выполнении положений Заключительного акта, мадридского Итогового документа и настоящего Документа о контактах между людьми [государства-участники] будут полно- стью уважать свои обязательства по международному праву, как указывается в подразделе настоящего Документа, посвященном принципам, в частности о том, что каждый свободен покидать любую страну, включая свою собственную, и возвращаться в свою страну, а также их международные обязательства в этой области.

(2) Они будут обеспечивать, чтобы их политика в отношении въезда на их территорию была в полной мере совместима с целями, изложенными в соответствующих положениях Заклю- чительного акта, мадридского Итогового документа и настоящего Документа.

(3) Они предпримут необходимые шаги с целью найти по возможности быстрее, но в любом случае в течение шести месяцев, решения в отношении всех ходатайств, основанных на положениях Заключительного акта и мадридского Итогового документа о контактах между людьми, по которым не будут приняты решения к завершению Венской встречи.

(4) Впоследствии они будут проводить регулярные обзоры, с тем, чтобы обеспечить такое положение, при котором все ходатайства, основанные на положениях о контактах между людьми Заключительного акта и других вышеуказанных документов СБСЕ, рассматрива- лись сообразно с этими положениями.

(5) Они будут принимать решения в отношении ходатайств, касающихся встреч на основе семейных связей в соответствии с Заключительным актом и другими вышеупомянутыми документами СБСЕ, в возможно кратчайшие сроки и в рамках обычной практики в тече- ние одного месяца.

(6) Таким же образом они будут принимать решения в отношении ходатайств, касающихся воссоединения семей или заключения браков между гражданами различных государств, в рамках обычной практики в течение трех месяцев.

(7) Благожелательно рассматривая ходатайства, касающиеся встреч на основе семейных свя- зей, они будут должным образом учитывать пожелания заявителя, в особенности в отноше- нии сроков и достаточной продолжительности таких встреч и в отношении поездок вместе с другими членами его семьи с целью совместных семейных встреч.

178 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

(8) Благожелательно рассматривая ходатайства, касающиеся встреч на основе семейных свя- зей, они будут также разрешать поездки менее близких родственников и поездки к менее близким родственникам.

(9) Благожелательно рассматривая ходатайства, касающиеся воссоединения семей или заключения браков между гражданами различных государств, они будут уважать пожела- ния заявителей в отношении страны назначения, которая готова их принять.

(10) Они будут уделять особое внимание решению проблем, касающихся воссоединения несовершеннолетних детей с их родителями. В этой связи и на основе соответствующих положений Заключительного акта и других вышеупомянутых документов СБСЕ они будут обеспечивать: • чтобы ходатайство об этом, поданное в то время, пока ребенок является несовершенно- летним, рассматривалось благожелательно и быстро с целью осуществить воссоедине- ние без задержки; и • чтобы были приняты соответствующие меры с целью защиты интересов и благососто- яния таких детей.

(11) Они будут рассматривать возможности для постепенного уменьшения и в конечном итоге отмены любых возможных требований относительно получения лицами, совер- шающими поездки, местной валюты в количестве, превышающем фактические расходы, отдавая предпочтение лицам, совершающим поездки с целью семейных встреч. Они будут предоставлять таким лицам возможность на практике ввозить или вывозить с собой лич- ные вещи или подарки.

(12) Они будут уделять незамедлительное внимание ходатайствам о поездках неотлож- ного гуманитарного характера и рассматривать их благожелательно следующим образом: • они будут принимать в течение трех рабочих дней решения по ходатайствам, касаю- 3 щимся поездок к серьезно больному или находящемуся при смерти члену семьи, поездок для участия в похоронах члена семьи или поездок лиц, нуждающихся в срочном меди- цинском лечении, необходимость которого засвидетельствована, или лиц, критическое состояние или неизлечимая болезнь которых могут быть установлены; • они будут принимать по возможности быстрее решения по ходатайствам, касающимся поездок серьезно больных или престарелых, а также других поездок срочного гумани- тарного характера. • Они будут наращивать усилия своих местных, региональных и центральных властей, занимающихся осуществлением вышеизложенного, и обеспечивать, чтобы сборы за пре- доставление режима первоочередности таким ходатайствам не превышали фактически понесенных расходов.

(13) При рассмотрении ходатайств о поездках с целью семейных встреч, воссоединения семей или браков между гражданами различных государств они будут обеспечивать, чтобы действия или упущения со стороны членов семьи заявителя не сказывались негативно на правах заявителя, как они изложены в соответствующих международных инструментах.

(14) Они будут обеспечивать, чтобы все документы, необходимые для ходатайств, основан- ных на положениях о контактах между людьми Заключительного акта и других вышеупомя- нутых документов СБСЕ, были легко доступны для заявителя. Документы будут оставаться в силе на протяжении всей процедуры рассмотрения ходатайства. В случае возобновления

179 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

ходатайства документы, ранее поданные заявителем в связи с предыдущими ходатайствами, будут приниматься во внимание.

(15) Они будут упрощать практику и постепенно сокращать административные требования в отношении ходатайств, основанных на положениях о контактах между людьми Заклю- чительного акта и других вышеупомянутых документов СБСЕ.

(16) Они будут обеспечивать, чтобы в тех случаях, когда ходатайства, основанные на поло- жениях о контактах между людьми Заключительного акта и других вышеупомянутых документов СБСЕ, отклоняются по причинам, определенным в соответствующих междуна- родных инструментах, заявителю было быстро предоставлено в письменной форме офици- альное извещение о том, на каких основаниях было вынесено такое решение. Как правило и во всех случаях, когда об этом попросит заявитель, ему будет предоставлена необходи- мая информация о процедуре использования любых действующих административных или судебных средств правовой защиты в отношении принятого решения, доступных ему согласно вышеупомянутым международным инструментам. В случаях, касающихся выезда за границу для постоянного проживания, такая информация будет предоставляться как часть вышеупомянутого официального извещения.

(17) Если в этом контексте ходатайство отдельного лица о поездке за границу было откло- нено по соображениям государственной безопасности, они будут обеспечивать, чтобы в пределах строго обоснованных сроков любое ограничение на поездку этого лица было как можно более кратковременным и не применялось произвольным образом. Они будут также обеспечивать, чтобы заявитель имел возможность для того, чтобы отказ был вновь рассмотрен в течение шести месяцев и, в случае необходимости, через регулярные проме- жутки времени впоследствии, так чтобы любые изменения в обстоятельствах, связанных с отказом, таких, как период времени, прошедший с момента, когда заявитель в последний раз выполнял работу или обязанности, связанные с государственной безопасностью, при- нимались во внимание. Прежде чем приступить к выполнению такой работы или таких обязанностей, лицо будет официально извещено о том, может ли это сказаться и каким образом на возможном ходатайстве о такой поездке.

(18) В течение одного года после завершения Венской встречи они опубликуют и сделают легко доступными, где это еще не сделано, все их законы и подзаконные акты, касающиеся передвижения отдельных лиц по их территории и поездок между государствами.

(19) Благожелательно рассматривая ходатайства, основанные на положениях о контактах между людьми Заключительного акта и других вышеупомянутых документов СБСЕ, они будут обеспечивать их своевременное рассмотрение для того, в частности, чтобы должным образом учитывать важные семейные, личные или профессиональные соображения, име- ющие значение для заявителя.

(20) Они будут благожелательно рассматривать ходатайства о поездках за границу без раз- личия какого-либо рода, как-то: расы, цвета кожи, пола, языка, религии, политических или иных убеждений, национального или социального происхождения, имущественного поло- жения, рождения, возраста или иного обстоятельства. Они будут обеспечивать, чтобы отказ не сказывался на ходатайствах, поданных другими лицами.

(21) Они будут в большей мере содействовать поездкам на индивидуальной или коллектив- ной основе по личным или профессиональным причинам и в туристических целях, таким,

180 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

как поездки делегаций, групп и отдельных лиц. С этой целью они будут сокращать до мини- мума время рассмотрения ходатайств о таких поездках.

(22) Они будут уделять серьезное внимание предложениям о заключении соглашений отно- сительно выдачи многократных въездных виз и взаимного упрощения визовых формаль- ностей, а также изучать возможности для взаимного упразднения въездных виз на основе соглашений между ними.

(23) Они будут рассматривать возможности присоединения к соответствующим многосто- ронним инструментам, а также заключения, если это необходимо, дополнительных или других двусторонних соглашений с целью совершенствования мер по обеспечению эффек- тивной консульской, юридической и медицинской помощи гражданам других государств-у- частников, временно находящимся на их территории.

(24) Они будут принимать любые необходимые меры с целью обеспечить, где это еще не сделано, чтобы гражданам других государств-участников, временно находящимся на их территории по личным или профессиональным причинам, в том числе с целью участия в мероприятиях в области культуры, науки и образования, была гарантирована должная личная безопасность. (…)

(31) Они будут обеспечивать, чтобы статус лиц, принадлежащих к национальным меньшин- ствам или региональным культурам на их территориях, был равным тому статусу, которым пользуются другие граждане в том, что касается контактов между людьми в соответствии с Заключительным актом и другими вышеупомянутыми документами СБСЕ, и чтобы эти лица могли устанавливать и поддерживать такие контакты посредством поездок и других средств общения, включая контакты с гражданами других государств, с которыми их объ- единяет общее национальное происхождение или культурное наследие. 3 (32) Они будут разрешать верующим, религиозным культам и их представителям, на группо- вой или индивидуальной основе, устанавливать и поддерживать прямые личные контакты и общение друг с другом в их собственных и других странах, в частности посредством поез- док, паломничества и участия в собраниях и других религиозных мероприятиях. В этом контексте и в той мере, в которой это соизмеримо с такими контактами и мероприятиями, тем, о ком идет речь, будет разрешаться приобретать, получать и везти с собой религиоз- ные публикации и предметы культа, относящиеся к исповедованию их религии или веры.

Копенгаген, 1990 г.

(9) Государства-участники подтверждают, что (…) (9.5) они будут уважать право каждого человека покидать любую страну, включая свою собственную, и возвращаться в свою страну в соответствии с международными обязатель- ствами государства по международному праву и обязательствами по СБСЕ. Ограничения этого права будут носить характер весьма редких исключений, будут считаться необхо- димыми лишь в тех случаях, когда они отвечают конкретной общественной потребности, преследуют законную цель и соразмерны этой цели и не будут предметом злоупотребле- ния или произвольного применения; (…)

181 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

(10.4) разрешать членам таких групп и организаций иметь беспрепятственный доступ и под- держивать связь с подобными органами в своих странах и за их пределами и с международ- ными организациями, обмениваться мнениями, поддерживать контакты и сотрудничать с такими группами и организациями (…) (…)

(19) Государства-участники подтверждают, что более свободное передвижение и контакты между их гражданами имеют важное значение в контексте защиты и развития прав чело- века и основных свобод. Они будут обеспечивать, чтобы их политика в отношении въезда на их территории в полной мере соответствовала целям, изложенным в соответствующих положениях Заключительного акта, мадридского Итогового документа и венского Итого- вого документа. Подтверждая свою решимость не отступать от обязательств, содержащихся в документах СБСЕ, они обязуются полностью выполнять и совершенствовать нынешние обязательства в области контактов между людьми, в том числе на двусторонней и много- сторонней основе. В этом контексте они будут: (19.1) стремиться осуществлять процедуры въезда на их территории, включая выдачу виз, паспортный и таможенный контроль, добросовестно и без неоправданных задержек. Там, где это необходимо, они будут сокращать сроки принятия решений о выдаче виз, а также упрощать практику и сокращать административные требования в отношении ходатайств о получении виз; (19.2) обеспечивать при рассмотрении ходатайств о получении виз, чтобы этот процесс проходил как можно быстрее для того, чтобы, в частности, должным образом учитыва- лись важные семейные, личные или профессиональные соображения, особенно в случаях срочного гуманитарного характера; (19.3) стараться, там где это необходимо, снижать сборы, связанные с ходатайствами о выдаче виз до самого низкого возможного уровня.

Париж, 1990 г. (Новая эра демократии, мира и единства)

В соответствии с нашими обязательствами по СБСЕ мы подчеркиваем, что свободное пере- движение наших граждан и контакты между ними, а также свободный поток информации и идей имеют важнейшее значение для сохранения и развития свободных обществ и про- цветающих культур (…)

Москва, 1991 г.

(33) Государства-участники устранят все правовые и другие ограничения в отношении передвижения своих и иностранных граждан в пределах их территорий и местожитель- ства лиц, имеющих право на постоянное проживание, за исключением тех ограничений, которые могут быть необходимы и официально объявлены исходя из военных интересов, интересов безопасности, экологии или других законных государственных интересов, в соот- ветствии с их национальными законами, совместимыми с обязательствами в рамках СБСЕ и международными обязательствами в области прав человека. Государства-участники обя- зуются сводить такие ограничения к минимуму.

182 3.1.11 Свобода передвижения, контактов между людьми и право на воссоединение семьи

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

40. Они будут поощрять полное выполнение административными органами, соприкасаю- щимися в своей деятельности с гражданами других государств, принятых в рамках СБСЕ обязательств относительно поездок и воздерживаться от унизительного обращения и дру- гих посягательств на достоинство личности.

Любляна, 2005 г. (Концепция в области безопасности границ и пограничного режима: Рамки для сотрудничества государств – участников ОБСЕ)

2. Государства – участники ОБСЕ вновь подтверждают свои юридические и политические обязательства по вопросам, касающимся границ, принятые ими на всех уровнях: 2.1 На глобальном уровне: по вопросам безопасности границ и пограничного режима госу- дарства-участники вновь подтверждают свои обязательства согласно международному праву, в частности международным стандартам в области прав человека, беженскому праву и гуманитарному праву, и могут также учитывать стандарты и рекомендации Всемирной таможенной организации, Международной организации по вопросам миграции, Между- народной организации труда, Управления Верховного комиссара Организации Объединен- ных Наций по делам беженцев и других соответствующих международных организаций; (…)

4. Государства-участники будут развивать сотрудничество между своими пограничными и таможенными службами, ведомствами, отвечающими за выдачу документов на въезд и выезд и виз, правоохранительными органами и миграционными службами, а также дру- гими компетентными национальными ведомствами в интересах достижения следующих целей: 4.1 Содействовать свободному и безопасному передвижению людей (…) через границы 3 в рамках соответствующих правовых норм, международного права и принятых в ОБСЕ обя- зательств, в частности, путем повышения надежности документов на въезд и выезд и содей- ствия формированию, в необходимых случаях, условий, благоприятных для либерализации визовых режимов, в духе обязательств, зафиксированных в вышеупомянутых документах; (…) 4.5 Содействовать обеспечению достойного обхождения со всеми лицами, желающими пересекать границы, согласно соответствующим национальным правовым нормам, меж- дународному праву, в частности, международным стандартам в области прав человека, беженскому праву и гуманитарному праву, а также соответствующим обязательствам, при- нятым в рамках ОБСЕ;

Гамбург, 2016 г. (Решение № 4/16 Совершенствование надлежащего управления и повышение взаимосвязанности) (…)

призываем государства-участники содействовать свободному и безопасному передвиже- нию через границы людей, товаров, услуг и инвестиций в рамках соответствующих пра- вовых норм международного права и принятых в ОБСЕ обязательств, (…)

183 3.1.12 Уважение частной и семейной жизни

3.1.12 Уважение частной и семейной жизни

Смотри также: II. 3.1.11: Свобода передвижения, контактов между людьми и право на воссоединение семьи

Москва, 1991 г.

(24) Государства-участники подтверждают право на охрану личной семейной жизни, жилища, тайны переписки и электронных сообщений. Во избежание любого неправомер- ного или произвольного вмешательства государства в жизнь индивидуума, что могло бы нанести ущерб любому демократическому обществу, осуществление этого права будет огра- ничиваться только в случаях, предусмотренных законом и совместимых с международно признанными стандартами в области прав человека. В частности, государства-участники обеспечат, чтобы обыски и аресты лиц, а также частных помещений и имущества произ- водились лишь в соответствии с такими нормами, которые обеспечены судебной защитой.

3.1.13 Право на гражданство

Смотри также: II. 4.4: Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(55) Признают, что каждый человек имеет право на гражданство и что никто не может быть произвольно лишен своего гражданства.

(56) Подчеркивают, что все аспекты гражданства будут регулироваться законодательным процессом. При необходимости они будут принимать меры, соответствующие конститу- ционному устройству их стран, с тем, чтобы число лиц без гражданства не увеличивалось.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

19. (…) Мы вновь подтверждаем, что каждый человек имеет право на гражданство и что никто не может быть произвольно лишен своего гражданства. Мы обязуемся продолжать наши усилия с целью обеспечить, чтобы каждый смог воспользоваться этим правом. Мы также твердо намерены сделать более надежной международную защиту лиц без гражданства.

3.1.14 Имущественные права

Бонн, 1990 г.

Государства-участники (…) будут стремиться достичь или придерживаться следующего: (…) • полного признания и защиты всех форм собственности, в том числе частной собствен- ности, и права граждан владеть и пользоваться ими, а также прав на интеллектуальную собственность;

184 3.2 Экономические, социальные и культурные права

• права на быструю, справедливую и эффективную компенсацию в случае изъятия част- ной собственности для использования в интересах общества; (…)

Копенгаген, 1990 г.

(9) Государства-участники подтверждают, что (…) (9.6) каждый человек имеет право на мирное использование своей собственности инди- видуально либо совместно с другими. Никто не может быть лишен своей собственности, за исключением случаев, определяемых общественными интересами, и на условиях, пред- усмотренных законом и соответствующих международным обязательствам и обязатель- ствам по международному праву.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что без какой-либо дискриминации (…) каждый имеет (…) право: (…)

владеть собственностью единолично или совместно с другими и заниматься индивидуаль- ным предпринимательством (…)

3.2 Экономические, социальные и культурные права 3 3.2.1 Общие положения

[Государства-участники] будут поощрять и развивать эффективное осуществление (…) эко- номических, социальных, культурных и других прав и свобод, которые все вытекают из достоинства, присущего человеческой личности, и являются существенными для ее сво- бодного и полного развития. (…)

Они будут, равным образом, стремиться, развивая свое сотрудничество, повышать благо- состояние народов и способствовать претворению в жизнь их чаяний, используя, в част- ности, выгоды, вытекающие из расширяющегося взаимного ознакомления и их прогресса и достижений в экономической, научной, технической, социальной, культурной и гума- нитарной областях. Они будут предпринимать шаги по содействию условиям, благопри- ятствующим тому, чтобы делать эти выгоды доступными для всех; они будут учитывать интересы всех в сокращении различий в уровнях экономического развития и, в частности, интересы развивающихся стран во всем мире.

185 3.2.1 Общие положения

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

[Государства-участники] равным образом подчеркивают свою решимость совершенствовать свои законы и административные правила в области (…) экономических, социальных, куль- турных и других прав человека и основных свобод; они также подчеркивают свою реши- мость обеспечивать эффективное осуществление этих прав и свобод.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(12) (…) [Государства-участники] признают, что (…) экономические, социальные, культур- ные и другие права и свободы имеют первостепенное значение и должны полностью осу- ществляться всеми надлежащими способами.

(13) В этой связи они будут: (13.1) совершенствовать свои законы, административные правила и политику в области (…) экономических, социальных, культурных и других прав человека и основных свобод и применять их на практике с тем, чтобы гарантировать эффективное осуществление этих прав и свобод; (13.2) рассматривать вопрос о присоединении к (…) Международному пакту об экономи- ческих, социальных и культурных правах и другим соответствующим международным инструментам, если они этого еще не сделали; (…)

(14) Государства-участники признают, что содействие развитию экономических, социаль- ных, культурных прав, так же как и гражданских и политических прав, имеет первосте- пенное значение для человеческого достоинства и для достижения законных стремлений каждой личности.

Они будут поэтому продолжать свои усилия с целью обеспечить постепенно полное осу- ществление экономических, социальных и культурных прав всеми надлежащими спосо- бами, в частности путем принятия законодательных мер. В этой связи они будут уделять особое внимание проблемам в области занятости, жилья, социального обеспечения, здра- воохранения, образования и культуры. Они будут содействовать постоянному прогрессу в осуществлении всех прав и свобод в своих странах, равно как и в развитии отношений между собой и с другими государствами с тем, чтобы каждый действительно пользовался в полной мере своими экономическими, социальными и культурными правами, а также своими гражданскими и политическими правами.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что без какой-либо дискриминации (…) каждый имеет (…) право: (…)

пользоваться своими экономическими, социальными и культурными правами.

186 3.2.2 Экономические и социальные права

3.2.2 Экономические и социальные права

A. Общие положения

Бонн, 1990 г.

[Государства-участники] будут стремиться достичь или придерживаться следующего: (…) • политики, способствующей установлению социальной справедливости и улучшению условий жизни и труда; (…)

Париж, 1990 г. (Новая эра демократии, мира и единства)

Экономическая свобода, социальная справедливость и ответственное отношение к окру- жающей среде абсолютно необходимы для процветания.

Свободная воля личности, осуществляемая в условиях демократии и защищаемая верховен- ством закона, составляет необходимую основу для успешного экономического и социального развития. Мы будем поощрять такую экономическую деятельность, которая осуществля- ется при уважении и утверждении человеческого достоинства.

Свобода и политический плюрализм являются необходимыми элементами нашей общей цели – развития рыночной экономики в направлении устойчивого экономического роста, процветания, социальной справедливости, увеличения занятости и эффективного исполь- зования экономических ресурсов. Успешный переход к рыночной экономике стран, пред- 3 принимающих усилия в этом направлении, имеет важное значение и отвечает интересам всех нас. Он позволит нам подняться на более высокий уровень благосостояния, что явля- ется нашей общей целью. Мы будем сотрудничать в решении этой задачи.

Стамбул, 1999 г. (Хартия европейской безопасности: II. Общие для нас вызовы)

5. Серьезными последствиями для нашей безопасности чреваты острые экономические про- блемы и деградация окружающей среды (…) Мы будем более решительно реагировать на подобные угрозы путем проведения дальнейших экономических и экологических реформ, обеспечения стабильных и транспарентных рамок для экономической деятельности, а также путем содействия развитию рыночной экономики с уделением должного внимания соци- ально-экономическим правам (…)

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

14. К числу экономических факторов, угрожающих стабильности и безопасности, относятся углубление социально-экономического неравенства, отсутствие верховенства закона, сла- бость государственного и корпоративного управления, коррупция, массовая нищета и высо- кий уровень безработицы. Они могут создавать питательную среду для других серьезных угроз. Деградация окружающей среды, неустойчивое потребление природных ресурсов, без- ответственное обращение с отходами и загрязнение воздействуют на экосистемы и влекут

187 3.2.2 Экономические и социальные права

за собой существенные негативные последствия для здоровья населения, благосостояния, стабильности и безопасности государств. К таким последствиям могут приводить и экологи- ческие бедствия. Связанные с этими факторами проблемы управления причиняют прямой ущерб и одновременно сокращают потенциал устойчивого экономического и социального развития, а также эффективного противодействия экономическим и экологическим вызо- вам и угрозам безопасности и стабильности.

Маастрихт, 2003 г. (Документ-стратегия ОБСЕ в области экономического и экологического измерения)

2.2 Утверждение надлежащего управления (…)

Социальные условия

2.2.13 Надлежащее управление и устойчивое развитие предполагают наличие политики и систем, укрепляющих социальное партнерство и сплоченность. Мы будем прилагать усилия по расширению для всех доступа к базовым социальным услугам, таким, как меди- цинское обслуживание по приемлемым ценам, пенсионное обеспечение и образование, по адекватной защите социально уязвимых групп и недопущению социальной изоляции.

2.2.14 Мы преисполнены решимости принимать меры по улучшению социальных условий, в том числе путем выявления и целенаправленной поддержки уязвимых групп в обществе, создания адекватных и эффективных сетей социальной защиты, укрепления системы меди- цинского обслуживания, расширения возможностей трудоустройства и осуществления программ реабилитации. (…)

2.3 Обеспечение устойчивого развития

2.3.3 Мы поддерживаем усилия государств-участников по реализации политики сокраще- ния масштабов нищеты и обеспечения устойчивого развития, включая национальные про- граммы сокращения масштабов нищеты в странах с переходной экономикой. Мы будем приветствовать оказание международными организациями и институтами, обладающими соответствующим опытом и ресурсами, необходимой консультационной и иной помощи.

4.6 Создавать благоприятные условия для социально-экономического развития в пригра- ничных районах, а также для процветания и культурного развития лиц, принадлежащих

188 3.2.2 Экономические и социальные права

к любым общинам, проживающим в приграничных районах, с обеспечением доступа ко всем возможностям;

B. Права трудящихся

Смотри также: II. 4.5: Рабочие-мигранты

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Бонн, 1990 г. (Преамбула)

(…) государства-участники,

признавая взаимосвязь политического плюрализма и рыночной экономики и будучи привер- женными принципам, касающимся: (…) • экономической деятельности, которая соответственно утверждает человеческое достоин- 3 ство и свободна от принудительного труда, от дискриминации трудящихся по призна- кам расы, пола, языка, по политическим взглядам или вероисповеданию или от лишения трудящихся права свободно создавать независимые профсоюзы или вступать в них;

будут стремиться достичь или придерживаться следующего (…)

Копенгаген, 1990 г.

(9) Государства-участники подтверждают, что (...) (9.3) право на ассоциацию гарантируется. Право создавать и, в зависимости от общего права профсоюза определять свое членство, свободно вступать в профсоюз, гарантируется. Эти права исключают любой предварительный контроль. Свобода ассоциации для рабочих, включая свободу забастовок, гарантируется с ограничениями, предписанными законом и соответствующими международным стандартам;

Вильнюс, 2011 г. (Декларация о борьбе со всеми формами торговли людьми)

14. Мы признаем, что обязательным условием эффективного предупреждения торговли людьми в целях трудовой эксплуатации является уважение трудовых прав. Мы рекомендуем разрабатывать и применять меры по совершенствованию организации труда и содействию

189 3.2.2 Экономические и социальные права

эффективной принудительной реализации международно-признанных трудовых прав с помощью таких методов, как проверки условий труда, мониторинг деятельности частных агентств по трудоустройству и разработка других программ, призванных помочь работни- кам в осуществлении их трудовых прав.

15. Мы призываем государства-участники работать с бизнес-сообществом в целях приме- нения принципов надлежащей комплексной проверки и транспарентности при осущест- влении оценки рисков эксплуатации и их устранении во всех звеньях сетей поставки и при обеспечении трудящимся доступа к механизмам правовой защиты и пресечения практики нарушения их прав. Мы призываем к распространению и выполнению недавно принятых Руководящих принципов ООН по вопросу о бизнесе и правах человека. Аналогичным образом, мы призываем правительства рассмотреть возможность внедрения подобных стандартов, в том числе политики «абсолютной нетерпимости», в практику государствен- ных закупок товаров и услуг.

Гамбург, 2016 г. (Решение № 4/16 Совершенствование надлежащего управления и повышение взаимосвязанности) (…)

Совершенствование надлежащего управления путем соблюдения трудовых, социальных и экологических стандартов (…)

15. Рекомендует государствам-участникам обеспечить безопасные перевозки и торговлю и предотвратить незаконную торговлю согласно соответствующим положениям междуна- родного права и соглашений, сторонами которых являются государства – участники ОБСЕ, и наращивать усилия, направленные на решение таких проблем, как трудовая эксплуата- ция и неэффективность контроля и инспектирования рабочих мест;

16. Предлагает государствам-участникам стремиться к более эффективному применению международно признанных трудовых, социальных и экологических стандартов, принятых в ООН, МОТ и, в соответствующих случаях, в ОЭСР;

17. Рекомендует государствам-участникам во взаимодействии с частным сектором продви- гать рациональные модели потребления и производства, основанные на международно при- знанных трудовых, социальных и экологических стандартах;

190 3.2.3 Культурные права/культурное наследие

3.2.3 Культурные права/культурное наследие

Смотри также: II. 3.1.10 C: Свобода культурного и художественного выражения II. 4.1: Национальные меньшинства II. 4.2: Рома и синти II. 5.3.5: Поощрение толерантности, понимания и уважения, включая уважение памяти Том 2: Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях > 3. Сотруд- ничество и обмены в области культуры) Том 2: Мадрид, 1983 г. (Сотрудничество в гуманитарных и других областях > Сотрудниче- ство и обмены в области культуры) Том 2: Вена, 1989 г. (Сотрудничество в гуманитарных и других областях > Сотрудничество и обмены в области культуры) Том 2: Краков, 1991 г. (Основные области сохранения и сотрудничества)

Краков, 1991 г. (Преамбула)

[Государства-участники] принимают к сведению взаимозависимость между культурной жизнью и благосостоянием своих народов, а также особую важность этой взаимозависи- мости для демократических стран в том, что касается перехода к рыночной экономике. Они поощряют оказание поддержки в соответствии с уже принятыми обязанностями и непре- рывной помощи этим странам в сохранении и охране их культурного наследия. (…)

Региональное культурное многообразие является отражением богатства общей культур- ной самобытности государств-участников. Ее сохранение и охрана способствуют созда- нию демократической, мирной и объединенной Европы. 3 (…)

II. Культура и наследие

10. Государства-участники выражают свою глубокую убежденность в том, что культурное наследие каждого из них представляет собой неотъемлемую часть их цивилизации, памяти и общей истории, которая должна быть передана будущим поколениям.

11. Государства-участники принимают к сведению определения археологических ценно- стей культурного наследия и архитектурного наследия, содержащиеся в соответствующих международных документах Совета Европы и ЮНЕСКО.

12. Одним из важнейших элементов культурного наследия, который может быть передан будущим поколениям, является полное и регулярное документальное отражение досто- примечательных мест, структур, культурных ландшафтов, объектов и культурных систем, включая исторические, религиозные и культурные памятники в том виде, в котором они существуют в настоящее время.

13. Государства-участники признают также в качестве важнейших элементов своего общего культурного наследия наследие тех культур, которые по причине языковых барьеров, кли- мата или географической отдаленности, малочисленности населения или поворотов исто- рии и политических обстоятельств не имели к себе широкого доступа.

191 3.2.3 Культурные права/культурное наследие

14. Государства-участники будут делать все возможное для охраны культурного наследия в соответствии с международными договоренностями и своим внутренним законодатель- ством в этой области.

15. Государства-участники будут уделять внимание сохранению, развитию и восстанов- лению культурного наследия при разработке мероприятий в области культуры, экологии и регионального и городского планирования. Они отмечают далее важность увязки отдель- ных проектов сохранения с их аутентичным городским или сельским окружением в тех случаях, когда это необходимо и возможно.

16. Государства-участники признают важность обеспечения наиболее широкого доступа к их культурному наследию. При этом, в частности, они будут уделять внимание потреб- ностям инвалидов. 16.1. Они будут делать все возможное для защиты культурного наследия от ущерба, кото- рый может быть нанесен ему в результате его использования и доступа к нему широкой общественности. 16.2. Они будут способствовать осознанию общественностью значения наследия и необ- ходимости его охраны. 16.3. Они будут стремиться во всех возможных случаях облегчать доступ исследователей и ученых к соответствующим основополагающим документам и архивным материалам.

17. Государства-участники с признательностью отмечают роль неправительственных ассоци- аций в расширении осведомленности и культурном наследии и необходимости его охраны.

18. Для обеспечения эффективного и всестороннего сохранения культурного наследия большую роль играет партнерство на местном, региональном и национальном уровнях между различными группами как частного, так и государственного сектора. Сохранению и разъяснению важности культурных ценностей и культурного наследия различных групп будет способствовать привлечение этих групп к этой работе, что позволит обеспечить тер- пимое и уважительное отношение к различным культурам, имеющее огромное значение.

19. Государства-участники признают полезность и важность обмена информацией о сохра- нении культурного наследия и отмечают, что использование на национальном и многона- циональном уровнях банков данных может внести большой вклад в эту работу.

Москва, 1991 г.

4. Государства-участники будут развивать сотрудничество между своими пограничными и таможенными службами, ведомствами, отвечающими за выдачу документов на въезд

192 3.2.4 Право на образование

и выезд и виз, правоохранительными органами и миграционными службами, а также дру- гими компетентными национальными ведомствами в интересах достижения следующих целей: (…) 4.6 Создавать благоприятные условия для социально-экономического развития в пригра- ничных районах, а также для процветания и культурного развития лиц, принадлежащих к любым общинам, проживающим в приграничных районах, с обеспечением доступа ко всем возможностям;

Белград, 2015 г. (Декларация министров о предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им) (…)

решительно осуждая уничтожение объектов культурного наследия и религии, включая целенаправленное уничтожение объектов всемирного наследия ЮНЕСКО, террористами, иностранными боевиками-террористами, связанными с ИГИЛ и другими террористиче- скими группами, (…)

3.2.4 Право на образование

Смотри также: Том 2: Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях > 4. Сотруд- ничество и обмены в области образования) Том 2: Мадрид, 1983 г. (Сотрудничество в гуманитарных и других областях > Сотрудниче- ство и обмены в области образования) 3 Том 2: Вена, 1989 г. (Сотрудничество в гуманитарных и других областях > Сотрудничество и обмены в области образования)

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(63) [Государства-участники] будут обеспечивать для всех доступ к различным видам и уров- ням образования без дискриминации по признаку расы, цвета кожи, пола, языка, религии, политических или иных убеждений, национального или социального происхождения, иму- щественного положения, рождения или иного обстоятельства.

Копенгаген, 1990 г.

В контексте преподавания истории и культуры в учебных заведениях они также будут учи- тывать историю и культуру национальных меньшинств.

193 3.2.4 Право на образование

Милан, 2018 г. (Решение № 5/18 Развитие человеческого капитала в цифровую эпоху)

Совет министров, (…)

ссылаясь на обязательства в области развития человеческого капитала, (…)

(…) и сознавая, что инвестиции в человеческий капитал и углубление знаний и умений содействуют расширению участия в экономической жизни, социальной включенности и устойчивому росту, которые зависят друг от друга и способствуют обеспечению процве- тания, доверия, стабильности, безопасности и сотрудничества в регионе ОБСЕ,

принимая во внимание возникающие и динамично изменяющиеся последствия цифровой трансформации, ведущей к прогрессу и процветанию, с одной стороны, но также к усугу- блению имеющихся или возникновению возможных новых угроз и вызовов,

сознавая, что перемены на рынках труда, порождаемые цифровой трансформацией, потен- циально способны углублять социально-экономическое неравенство, и что ощущается необ- ходимость сильнее акцентировать задачу развития человеческого капитала, в особенности в отношении женщин, молодежи и инвалидов, а также в секторах экономики, для которых характерны высокая трудозатратность и малоквалифицированный труд,

сознавая, что развитие человеческого капитала, в том числе в условиях цифровизации, спо- собно внести позитивный вклад в повышение невосприимчивости экономики и общества к коррупции за счет его позитивного воздействия на процесс формирования осведомлен- ных и квалифицированных трудовых ресурсов, устойчивого развития, создания новых рабочих мест и материальных благ,

будучи исполнены решимости продвигать обучение на протяжении всей жизни, а также профессионально-техническое образование на протяжении всей трудовой жизни в качестве важнейших инструментов развития человеческого капитала и сокращения существующего цифрового разрыва, особенно в отношении женщин и девочек в области науки, техноло- гии, инженерного дела и математики,

сознавая, что с новыми формами трудовой деятельности, возникающими в результате циф- ровой трансформации экономики, сопряжены новые возможности и трудности и что, хотя эти перемены на рынке труда и могут способствовать экономическому росту и созданию новых рабочих мест, некоторые из этих трудностей могут сказываться на устойчивости занятости и социальной стабильности, (…)

сознавая необходимость, в контексте цифровизации экономики, повышения адаптацион- ной способности трудовых ресурсов и пересмотра политических установок в отношении рынка труда в интересах: создания новых рабочих мест при полном уважении человече- ского достоинства и прав человека; содействия устойчивому и инклюзивному экономиче- скому росту; а также создания для женщин и мужчин равных возможностей на рынке труда,

сознавая, что развитие человеческого капитала способно содействовать выполнению при- нятой Организацией Объединенных Наций Повестки дня в области устойчивого разви- тия на период до 2030 года,

194 3.2.4 Право на образование

1. Призывает государства-участники поддержать развитие человеческого капитала в целях управления процессом перехода ко все более автоматизированной и цифровизованной эко- номике, в том числе посредством налаживания частно- государственных партнерских свя- зей и многостороннего сотрудничества;

2. Побуждает государства-участники продвигать обучение на протяжении всей жизни, начиная с образования в раннем возрасте с его продолжением на протяжении всей трудо- вой жизни, в качестве одной из ключевых опор для управления этим переходом;

3. Призывает государства-участники расширять доступ к качественному образованию, учеб- ной подготовке и возможностям для повышения квалификации и прохождения перепод- готовки с целью сделать работников более пригодными для трудоустройства, тем самым расширяя недискриминационный доступ для женщин, молодежи и инвалидов с уделением особого внимания лицам, занятым в отраслях с повышенной трудозатратностью;

4. Побуждает государства-участники в соответствующих случаях развивать образование, профессионально-техническую подготовку и переподготовку, в частности для женщин и девочек и в особенности в области науки, технологии, инженерного дела и математики, в качестве одной из ключевых мер по сокращению цифрового разрыва и расширению прав и возможностей женщин через создание более благоприятных условий, в том числе в эко- номической сфере;

5. Предлагает государствам-участникам укреплять политическую и организационную базу, облегчающую внедрение новаторских бизнес-моделей и формирование благоприят- ного инвестиционного климата, создание новых рабочих мест и обеспечение устойчивого инклюзивного роста экономики;

6. Побуждает государства-участники вовлекать частный сектор, гражданское общество, профсоюзы, научные круги и другие соответствующие заинтересованные стороны в работу 3 по выявлению и рассмотрению потребностей, касающихся развития человеческого капи- тала, и совместными усилиями разрабатывать и проводить в жизнь соответствующие стра- тегии и нормы;

7. Призывает государства-участники дополнительно изучить возможности и трудности, сопряженные с новыми формами занятости, возникающими в результате цифровой транс- формации экономики, в том числе с целью обеспечения надлежащей социальной защиты;

8. Побуждает государства-участники наращивать усилия по борьбе с коррупцией в секто- рах образования и подготовки кадров, а также содействовать открытому, равному и некор- рупционному доступу к образованию, овладению цифровой грамотностью и возможностям для обучения;

9. Призывает государства-участники использовать ОБСЕ для стимулирования обмена наи- лучшей практикой и продвигать инициативы по укреплению потенциала в русле положе- ний настоящего решения;

10. Побуждает государства-участники наращивать сотрудничество, в том числе с соответ- ствующими международными организациями, в вопросах развития человеческого капитала в таких областях, как облегчение и расширение доступа к образовательным, научно-иссле- довательским и учебным заведениям, с уделением особого внимания повышению цифро- вой грамотности;

195 3.2.4 Право на образование

11. Поручает соответствующим исполнительным структурам ОБСЕ, включая полевые при- сутствия, оказывать, в рамках их мандатов и имеющихся ресурсов, содействие государ- ствам-участникам по их просьбе в выполнении положений настоящего решения;

12. Призывает партнеров ОБСЕ по сотрудничеству в добровольном порядке выполнять положения настоящего решения.

196 4. Обязательства, относящиеся к правам человека, уделяющие особое внимание отдельным группам 4.1 Национальные меньшинства

4.1 Национальные меньшинства

Смотри также: I. 2.3.4 B: Верховный комиссар по делам национальных меньшинств II. 4.2: Рома и синти II. 5: Обязательства, относящиеся к вопросам равенства, толерантности и недискриминации

4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

Государства-участники, на чьей территории имеются национальные меньшинства, будут уважать право лиц, принадлежащих к таким меньшинствам, на равенство перед законом, будут предоставлять им полную возможность фактического пользования правами чело- века и основными свободами и будут таким образом защищать их законные интересы в этой области.

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

[Государства-участники] также подчеркивают важность постоянного прогресса в обеспече- нии уважения прав лиц, принадлежащих к национальным меньшинствам, и их фактического пользования этими правами, а также в защите их законных интересов, как предусматри- вается в Заключительном акте.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(18) Государства-участники будут предпринимать непрерывные усилия по осуществлению положений Заключительного акта и мадридского Итогового документа, касающихся нацио- нальных меньшинств. Они будут принимать все необходимые законодательные, администра- тивные, юридические и другие меры, а также применять соответствующие международные инструменты, которыми они могут быть связаны, для обеспечения защиты прав человека и основных свобод лиц, принадлежащих к национальным меньшинствам на их террито- рии. Они будут воздерживаться от любой дискриминации в отношении таких лиц и спо- собствовать осуществлению их законных интересов и чаяний в области прав человека и основных свобод.

Копенгаген, 1990 г.

(30) Государства-участники признают, что вопросы, относящиеся к национальным мень- шинствам, могут быть удовлетворительным образом решены только в демократических политических рамках, основанных на верховенстве закона, в условиях функционирова- ния независимой судебной системы. Эти рамки гарантируют полное уважение прав чело- века и основных свобод, равные права и положение всех граждан, свободное выражение всех их законных интересов и чаяний, политический плюрализм, социальную терпимость и выполнение правовых норм, ставящих эффективные препятствия на пути злоупотребле- ния государственной властью.

198 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

(…)

Они далее подтверждают, что уважение прав лиц, принадлежащих к национальным мень- шинствам, как части общепризнанных прав человека, является существенным фактором мира, справедливости, стабильности и демократии в государствах-участниках.

(31) Лица, принадлежащие к национальным меньшинствам, имеют право полностью и эффективно осуществлять свои права человека и основные свободы без какой-либо дис- криминации и в условиях полного равенства перед законом.

Государства-участники примут, в случае необходимости, специальные меры с целью гаран- тировать лицам, принадлежащим к национальным меньшинствам, полное равенство с дру- гими гражданами в осуществлении прав человека и основных свобод и пользовании ими.

(32) Принадлежность лица к национальному меньшинству является предметом его лич- ного выбора, и никакие неблагоприятные последствия не могут возникать из осуществле- ния такого выбора. (…)

Лица, принадлежащие к национальным меньшинствам, могут осуществлять свои права и пользоваться ими на индивидуальной основе, а также совместно с другими членами своей группы. Для лица, принадлежащего к национальному меньшинству, не может воз- никать никаких неблагоприятных последствий по причине осуществления или неосущест- вления любого из таких прав. (…)

(35) Государства-участники будут уважать право лиц, принадлежащих к национальным меньшинствам, на эффективное участие в государственных делах, включая участие в делах, относящихся к защите и поощрению самобытности таких меньшинств. (…)

(36) Государства-участники признают особую важность развития конструктивного сотруд- ничества между ними по вопросам национальных меньшинств. Такое сотрудничество имеет своей целью содействие взаимопониманию и доверию, дружественным и добрососедским 4 отношениям, международному миру, безопасности и справедливости.

Каждое государство-участник будет содействовать климату взаимного уважения, понима- ния, сотрудничества и солидарности между всеми лицами, проживающими на его терри- тории, без различия этнического или национального происхождения или религии и будут поощрять решение проблем с помощью диалога, основанного на принципах верховенства закона.

(37) Ни одно из этих положений не может толковаться как подразумевающее какое-либо право заниматься любой деятельностью или осуществлять любое действие вопреки целям и принципам Устава Организации Объединенных Наций, другим обязательствам по меж- дународному праву или положениям Заключительного акта, включая принцип территори- альной целостности государств.

(38) Государства-участники в своих усилиях по защите и поощрению прав лиц, принадле- жащих к национальным меньшинствам, будут в полной мере соблюдать свои обязательства

199 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

согласно существующим конвенциям по правам человека и другим соответствующим меж- дународным инструментам и рассмотрят вопрос о присоединении к соответствующим кон- венциям, если они этого еще не сделали, включая конвенции, предусматривающие право отдельных лиц на жалобу.

(39) Государства-участники будут тесно сотрудничать в компетентных международных орга- низациях, членами которых они являются, включая Организацию Объединенных Наций и, в соответствующих случаях, Совет Европы, с учетом проводимой ими работы в отно- шении вопросов, касающихся национальных меньшинств.

Париж, 1990 г. (Новая эра демократии, мира и единства)

(…) Мы признаем далее, что права лиц, принадлежащих к национальным меньшинствам, должны полностью уважаться как часть всеобщих прав человека (…)

Женева, 1991 г.

II.

Государства-участники подчеркивают необходимость дальнейшего тщательного обзора выполнения их обязательств по СБСЕ в отношении лиц, принадлежащих к националь- ным меньшинствам.

Они подчеркивают, что права человека и основные свободы составляют основу защиты и поощрения прав лиц, принадлежащих к национальным меньшинствам (…)

Вопросы, касающиеся национальных меньшинств, а также соблюдение обязательств по международному праву и международных обязательств в отношении прав принадлежа- щих к ним лиц, являются вопросами, вызывающими законную международную озабочен- ность и, следовательно, не являются исключительно внутренним делом соответствующего государства.

Они отмечают, что не все этнические, культурные, языковые или религиозные различия обязательно ведут к возникновению национальных меньшинств.

III.

(…) государства-участники считают, что в тех случаях, когда вопросы, касающиеся положе- ния национальных меньшинств, обсуждаются в их странах, им самим следует предостав- лять возможность эффективно участвовать в этом процессе в соответствии с процедурами принятия решений каждого государства (…)

Они признают, что содействие диалогу между государствами и между государствами и лицами, принадлежащими к национальным меньшинствам, окажется наиболее успеш- ным при наличии свободного потока информации и идей между всеми сторонами. Они

200 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

поощряют односторонние, двусторонние и многосторонние усилия правительств по изу- чению возможностей повышения эффективности выполнения ими обязательств по СБСЕ, касающихся национальных меньшинств.

Государства-участники считают далее, что уважение прав человека и основных свобод должно осуществляться на недискриминационной основе в рамках всего общества. На территориях, населенных в основном лицами, принадлежащими к национальному мень- шинству, будут равным образом защищены права человека и основные свободы лиц, принадлежащих к этому меньшинству, лиц, принадлежащих к большинству населения соответствующего государства, и лиц, принадлежащих к другим национальным меньшин- ствам, проживающим на этих территориях. (…)

Они будут разрешать компетентным органам информировать Бюро по свободным выборам о всех запланированных выборах в государственные органы на их территориях, включая выборы, проводимые на более низком, чем общенациональный, уровне. Государства-участ- ники будут благоприятно рассматривать, насколько это допускается законом, присутствие наблюдателей на выборах, проводимых на более низком, чем общенациональный, уровне, включая выборы на территориях, населенных национальными меньшинствами, и будут стремиться облегчать им доступ.

IV.

Государства-участники будут создавать условия для обеспечения равной возможности лицам, принадлежащим к национальным меньшинствам, эффективно участвовать в госу- дарственной жизни, экономической деятельности и развитии их обществ.

В соответствии с пунктом 31 Копенгагенского документа государства-участники примут необходимые меры для предотвращения дискриминации в отношении отдельных лиц, особенно в том, что касается занятости, жилья и образования, по причине принадлежно- сти или непринадлежности к какому-либо национальному меньшинству. В этом контексте они обеспечат возможность, если они еще не сделали этого, для использования эффектив- ных средств правовой защиты отдельными лицами, подвергшихся дискриминационному обращению по причине их принадлежности или непринадлежности к какому-либо наци- 4 ональному меньшинству, включая предоставление конкретным жертвам дискриминации широкого круга административных и судебных средств правовой защиты. (…)

Государства-участники подтверждают, что лица, принадлежащие к национальным мень- шинствам, будут иметь такие же права и такие же обязанности граждан, как и остальная часть населения. (…)

Они признают, что такие меры, учитывающие, в частности, исторические и территори- альные условия национальных меньшинств, особенно важны там, где демократические институты еще консолидируются, а вопросы национальных меньшинств вызывают осо- бую озабоченность.

Учитывая разнообразие и различие своих конституционных систем, в результате чего использование одного какого-либо общего подхода не является обязательным,

201 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

государства-участники отмечают с интересом, что некоторыми из них достигнуты соот- ветствующим демократическим путем положительные результаты посредством, в частности, (…) • двусторонних и многосторонних соглашений и других договоренностей, касающихся национальных меньшинств; (…) • создания государственных исследовательских учреждений для рассмотрения законода- тельства и распространения информации, касающейся равных прав и недискриминации; (…) • государственной помощи для преодоления местных трудностей, связанных с дискри- минационной практикой (например, служба взаимоотношений между гражданами); • поощрения усилий по установлению межобщинных отношений на низовом уровне между общинами меньшинств, между общинами большинства населения и меньшинств, и между соседними общинами в приграничных районах с целью содействия предотвращению воз- никновения напряженности на местах и мирного урегулирования конфликтов в случае их возникновения; и • поощрения создания постоянных смешанных комиссий, либо межгосударственных, либо региональных, с целью поддержки постоянного диалога между соответствующими при- граничными районами.

Государства-участники считают, что эти и другие подходы, индивидуально или в соче- тании, могли бы содействовать улучшению положения национальных меньшинств на их территориях.

Государства-участники уважают право лиц, принадлежащих к национальным мень- шинствам, осуществлять свои права и пользоваться ими на индивидуальной основе или совместно с другими гражданами, создавать и поддерживать организации и ассоциации в пределах своей страны и участвовать в деятельности международных неправительствен- ных организаций (…)

VI.

Государства-участники, будучи обеспокоены ростом числа проявлений расовой, этнической и религиозной ненависти, антисемитизма, ксенофобии и дискриминации, подчеркивают свою решимость неизменно осуждать такие проявления в отношении кого бы то ни было.

В этом контексте они вновь заявляют о своем признании особых проблем роман (цыган). Они готовы принять эффективные меры для достижения полного равенства возможно- стей между лицами, принадлежащими к романам, обычно проживающим в их государстве, и остальным населением. Они будут также поощрять исследования и изыскания, касаю- щиеся роман и тех особых проблем, с которыми они сталкиваются. Они будут принимать эффективные меры для поощрения терпимости, взаимопонимания и равенства возмож- ностей, и добрых взаимоотношений между имеющими различное происхождение отдель- ными лицами в пределах их страны (…)

202 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

Москва, 1991 г.

(37) Государства-участники подтверждают положения и обязательства, относящиеся к про- блемам национальных меньшинств и правам принадлежащих к ним лиц, содержащиеся во всех документах СБСЕ, в частности в Документе Копенгагенского совещания Конфе- ренции по человеческому измерению СБСЕ и в Докладе Женевского совещания экспертов СБСЕ по вопросам национальных меньшинств, и призывают к их полному и скорейшему выполнению. Они полагают, что, в частности, применение новых и расширенных механиз- мов и процедур СБСЕ будет способствовать дальнейшей защите и поощрению прав лиц, принадлежащих к национальным меньшинствам.

Хельсинки, 1992 г. (Решения: II. Верховный комиссар СБСЕ по делам национальных меньшинств)

(1) Государства-участники принимают решение учредить пост Верховного комиссара по делам национальных меньшинств (…)

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(23) Подтверждают самым решительным образом свое намерение выполнять без промед- ления и добросовестно все свои обязательства по СБСЕ (…) в отношении вопросов, каса- ющихся национальных меньшинств и прав принадлежащих к ним лиц.

(25) Будут продолжать изучение на основе усилий в одностороннем, двустороннем и мно- гостороннем порядке дальнейших возможностей более эффективного выполнения своих соответствующих обязательств по СБСЕ, включая обязательства, связанные с защитой 4 и созданием условий для поощрения этнической, культурной, языковой и религиозной самобытности национальных меньшинств.

(26) Будут решать проблемы национальных меньшинств в конструктивном духе, мирными средствами и путем диалога между всеми заинтересованными сторонами на основе прин- ципов и обязательств СБСЕ.

(27) Будут воздерживаться от практики переселения и осуждать все попытки осуществить переселение, прибегая к угрозе силой или ее применению, с целью изменения этнического состава районов в пределах их территорий (…)

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

21. Государства-участники подтверждают свою решимость последовательно способствовать выполнению положений Заключительного акта и всех других документов СБСЕ, касающихся

203 4.1.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

защиты прав лиц, принадлежащих к национальным меньшинствам. Они высоко оценивают работу, проводимую ВКНМ в этой области.

22. Государства-участники приветствуют международные усилия по улучшению защиты прав лиц, принадлежащих к национальным меньшинствам. Они отмечают принятие в Совете Европы Рамочной конвенции о защите национальных меньшинств, которая осно- вывается на нормах СБСЕ в этой области и развивает их. Они подчеркнули, что данная Конвенция также открыта для подписания по приглашению государствами, не являющи- мися членами Совета Европы; они могут рассмотреть вопрос об изучении возможности присоединения к ней.

Лиссабон, 1996 г. (Декларация о модели общей и всеобъемлющей безопасности для Европы XXI века)

(10) (…)

– в качестве важного вклада в укрепление безопасности мы вновь подтверждаем нашу решимость в полной мере уважать и выполнять все свои обязательства, касающиеся прав лиц, принадлежащих к национальным меньшинствам. Мы вновь подтверждаем свое намерение всецело сотрудничать с Верховным комиссаром по делам националь- ных меньшинств. Мы готовы откликнуться на просьбу любого государства-участника, стремящегося к решению проблем меньшинств на своей территории;

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

30. Мы вновь подтверждаем свое твердое намерение обеспечить, чтобы законы и полити- ческие установки предусматривали полное уважение прав лиц, принадлежащих к наци- ональным меньшинствам (…) Мы также выступаем за принятие и полное применение всеобъемлющего антидискриминационного законодательства, обеспечивающего полное равенство возможностей для всех (…) Мы вновь подтверждаем, что будем наращивать свои усилия по выполнению рекомендаций Верховного комиссара по делам националь- ных меньшинств.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

Защита и содействие осуществлению прав лиц, принадлежащих к национальным мень- шинствам, являются важнейшими факторами обеспечения демократии, мира, справедли- вости и стабильности в государствах-участниках и в отношениях между ними (…) Полное уважение прав человека, включая права лиц, принадлежащих к национальным меньшин- ствам, помимо того, что является самоцелью, не может подрывать, но может укреплять тер- риториальную целостность и суверенитет (…) Мы осуждаем насилие в отношении любого меньшинства. Мы обязуемся принимать меры по воспитанию терпимости и построению плюралистических обществ, где всем, независимо от их этнического происхождения, обе- спечено полное равенство возможностей (…)

204 4.1.2 Эффективное участие в общественной и политической жизни

4.1.2 Эффективное участие в общественной и политической жизни

Копенгаген, 1990 г.

Государства-участники отмечают усилия, предпринятые с целью защиты и создания усло- вий для поощрения этнической, культурной, языковой и религиозной самобытности опре- деленных национальных меньшинств путем создания в качестве одного из возможных средств для достижения этих целей, в соответствии с политикой заинтересованного госу- дарства, надлежащих местных или автономных органов управления, отвечающих конкрет- ным историческим и территориальным условиям таких меньшинств.

Женева, 1991 г.

III.

Уважая право лиц, принадлежащих к национальным меньшинствам, на эффективное уча- стие в государственных делах, государства-участники считают, что в тех случаях, когда вопросы, касающиеся положения национальных меньшинств, обсуждаются в их странах, им самим следует предоставлять возможность эффективно участвовать в этом процессе в соответствии с процедурами принятия решений каждого государства. Они считают далее, что важным элементом эффективного участия в государственных делах является соответ- ствующее демократическое участие лиц, принадлежащих к национальным меньшинствам, или их представителей в работе директивных или консультативных органов.

Они считают, что должны быть предприняты специальные усилия с целью решения кон- кретных проблем конструктивным образом и на основе диалога посредством переговоров и консультаций, с тем, чтобы улучшить положение лиц, принадлежащих к национальным меньшинствам. Они признают, что содействие диалогу между государствами и между госу- дарствами и лицами, принадлежащими к национальным меньшинствам, окажется наиболее успешным при наличии свободного потока информации и идей между всеми сторонами (…) 4

IV.

205 4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования

• выборных органов и ассамблей по делам национальных меньшинств; • местных и автономных органов управления, а также автономии на территориальной основе, включая существование консультативных, законодательных и исполнительных органов, избираемых на основе свободных и периодических выборов; • самоуправления национального меньшинства в тех аспектах, которые касаются его само- бытности, в ситуациях, когда не существует автономии на территориальной основе; • децентрализованных или местных форм правления; (…)

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники (…)

(24) В этой связи они активизируют свои усилия по обеспечению свободного осуществле- ния принадлежащими к национальным меньшинствам лицами, на индивидуальной основе и совместно с другими, своих прав человека и основных свобод, включая право участвовать в полной мере в соответствии с демократическими процедурами принятия решений каж- дого государства в политической, экономической, социальной и культурной жизни своих стран, в том числе на основе демократического участия в работе директивных и консуль- тативных органов на национальном, региональном и местном уровнях, в частности, в рам- ках политических партий и ассоциаций (…)

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров, (…)

4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования

Хельсинки, 1975 г. (Сотрудничество в гуманитарных и других областях)

(…) Государства-участники, признавая вклад, который национальные меньшинства или региональные культуры могут вносить в сотрудничество между ними в различных обла- стях культуры, намерены в случае, когда на их территории имеются такие меньшинства или культуры, способствовать этому вкладу с учетом законных интересов их членов.

206 4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(19) [Государства-участники] будут защищать и создавать условия для поощрения этниче- ской, культурной, языковой и религиозной самобытности национальных меньшинств на своей территории. (…)

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(45) [Государства-участники] будут обеспечивать на практике, чтобы лица, принадлежащие к национальным меньшинствам или региональным культурам на их территории, могли рас- пространять информацию на своем родном языке, иметь к ней доступ и обмениваться ею. (…)

(59) [Государства-участники] будут обеспечивать, чтобы лица, принадлежащие к националь- ным меньшинствам или региональным культурам на их территории, могли сохранять и раз- вивать свою собственную культуру во всех ее аспектах, включая язык, литературу и религию, и чтобы они могли сохранять свои культурные и исторические памятники и объекты. (…)

(68) [Государства-участники] будут обеспечивать, чтобы лица, принадлежащие к нацио- нальным меньшинствам или региональным культурам на их территориях, могли давать или получать знания о своей собственной культуре, в том числе посредством передачи родите- лями своим детям языковой, религиозной и культурной самобытности.

Копенгаген, 1990 г.

(32) (…) Лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать свою этническую культурную, языковую или религиозную самобытность и поддерживать и развивать свою культуру во всех ее аспектах, не подверга- ясь каким-либо попыткам ассимиляции вопреки своей воли. В частности, они имеют право: (32.1) свободно пользоваться своим родным языком в личной и общественной жизни; 4 (32.2) создавать и поддерживать свои собственные образовательные, культурные и рели- гиозные учреждения, организации или ассоциации, которые могут искать добровольную финансовую и другую помощь, а также государственную поддержку в соответствии с наци- ональным законодательством; (…)

(32.3) исповедовать свою религию, в том числе приобретать, обладать и использовать рели- гиозные материалы и осуществлять религиозную деятельность в области образования на своем родном языке; (…)

207 4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования

или ассоциациями таких меньшинств, в соответствии с процедурой принятия решений каждого государства.

Любые такие меры будут соответствовать принципам равенства и недискриминации в отно- шении других граждан соответствующих государств-участников.

(34) Государства-участники будут стремиться гарантировать, чтобы лица, принадлежащие к национальным меньшинствам, вне зависимости от необходимости изучать официальный язык или официальные языки соответствующего государства, имели надлежащие возмож- ности для обучения своему родному языку или на своем родном языке, а также, там где это возможно и необходимо, для его использования в государственных органах в соответ- ствии с применяемым национальным законодательством.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы подтверждаем, что этническая, культурная, языковая и религиозная самобытность национальных меньшинств будет защищена, и что лица, принадлежащие к национальным меньшинствам, имеют право свободно выражать, сохранять и развивать эту самобытность без какой-либо дискриминации и в условиях полного равенства перед законом. (…)

Исполненные решимости способствовать богатому вкладу национальных меньшинств в жизнь наших обществ, мы обязуемся и впредь улучшать их положение. Мы вновь под- тверждаем нашу глубокую убежденность в том, что дружественные отношения между нашими народами, а также мир, справедливость, стабильность и демократия требуют того, чтобы этническая, культурная, языковая и религиозная самобытность национальных мень- шинств была защищена и чтобы создавались условия для поощрения этой самобытности (…)

Женева, 1991 г. (IV)

Государства-участники убеждены, что сохранение ценностей и культурного наследия наци- ональных меньшинств требует участия лиц, принадлежащих к таким меньшинствам, и что терпимость и уважение различных культур имеют в этой связи важнейшее значение. С уче- том этого они подтверждают важность воздерживаться от создания препятствий в обла- сти производства культурных материалов, касающихся национальных меньшинств, в том числе лицами, принадлежащими к ним.

208 4.1.3 Культурная, языковая и религиозная самобытность и вопросы образования

Учитывая разнообразие и различие своих конституционных систем, в результате чего использование одного какого-либо общего подхода не является обязательным, государ- ства-участники отмечают с интересом, что некоторыми из них достигнуты соответствую- щим демократическим путем положительные результаты посредством, в частности, • консультативных и директивных органов, в которых представлены меньшинства, в част- ности, в том, что касается образования, культуры и религии; (…) • самоуправления национального меньшинства в тех аспектах, которые касаются его само- бытности, в ситуациях, когда не существует автономии на территориальной основе; (…) • предоставления лицам, принадлежащим к национальным меньшинствам, доступа к соот- ветствующим видам и уровням обучения на их родном языке с уделением должного вни- мания численности, географическим структурам расселения и культурным традициям национальных меньшинств; • предоставления финансовой и технической помощи лицам, принадлежащим к нацио- нальным меньшинствам, которые желают этого, для осуществления их права на создание и поддержание своих собственных образовательных, культурных и религиозных учреж- дений, организаций или ассоциаций; • в тех случаях, когда обучение по какой-либо конкретной дисциплине не может быть обе- спечено на их территории на всех уровнях на языке меньшинств, путем принятия необ- ходимых мер для определения способов признания дипломов, выданных за границей по завершении обучения на этом языке; (…) • предоставления финансовой и технической помощи лицам, принадлежащим к нацио- нальным меньшинствам, которые желают этого, для осуществления их права на создание и поддержание своих собственных образовательных, культурных и религиозных учреж- дений, организаций или ассоциаций; (…)

Государства-участники считают, что эти и другие подходы, индивидуально или в соче- тании, могли бы содействовать улучшению положения национальных меньшинств на их 4 территориях.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники (…)

(25) Будут продолжать изучение на основе усилий в одностороннем, двустороннем и мно- гостороннем порядке дальнейших возможностей более эффективного выполнения своих соответствующих обязательств по СБСЕ, включая обязательства, связанные с защитой и созданием условий для поощрения этнической, культурной, языковой и религиозной самобытности национальных меньшинств (…)

209 4.1.4 Контакты между людьми, свобода СМИ и доступ к информации

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

30. Мы вновь подтверждаем свое твердое намерение обеспечить, чтобы законы и политиче- ские установки предусматривали полное уважение прав лиц, принадлежащих к националь- ным меньшинствам, особенно в том, что касается вопросов, затрагивающих культурную самобытность. В частности, мы подчеркиваем требование о соответствии применимым международным стандартам и конвенциям законов и политических установок, касающихся образовательных и языковых прав лиц, принадлежащих к национальным меньшинствам, а также их права на участие в жизни общества (…)

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

19. (…) Различные концепции автономии, а также другие … подходы, которые соответствуют принципам ОБСЕ, являются средствами защиты и развития этнической, культурной, язы- ковой и религиозной самобытности национальных меньшинств в рамках существующего государства (…)

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров,

10. Обеспечивает дальнейшее продвижение в деле выполнения обязательств ОБСЕ, касаю- щихся национальных меньшинств, и признает важность рекомендаций Верховного комис- сара по делам национальных меньшинств, касающихся образования (…) и вопросов языка, включая его использование на радио и телевидении, а также соответствующих рекоменда- ций Представителя по вопросам свободы средств массовой информации в этой области;

4.1.4 Контакты между людьми, свобода СМИ и доступ к информации

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях)

(31) [Государства-участники] будут обеспечивать, чтобы статус лиц, принадлежащих к наци- ональным меньшинствам или региональным культурам на их территориях, был равным тому статусу, которым пользуются другие граждане в том, что касается контактов между людьми в соответствии с Заключительным актом и другими вышеупомянутыми доку- ментами СБСЕ, и чтобы эти лица могли устанавливать и поддерживать такие контакты посредством поездок и других средств общения, включая контакты с гражданами других государств, с которыми их объединяет общее национальное происхождение или культур- ное наследие. (…)

Копенгаген, 1990 г.

(32) (…) Лица, принадлежащие к национальным меньшинствам (…) имеют право: (…)

210 4.1.4 Контакты между людьми, свобода СМИ и доступ к информации

(32.4) устанавливать и поддерживать беспрепятственные контакты между собой в преде- лах своей страны, а также через границы с гражданами других государств, с которыми они имеют общее этническое или национальное происхождение, культурное наследие или религиозные верования; (...)

Женева, 1991 г.

IV.

VII.

Будучи убеждены, что для защиты прав лиц, принадлежащих к национальным мень- 4 шинствам, необходим свободный поток информации и обмен идеями, государства-участ- ники подчеркивают значение общения между лицами, принадлежащими к национальным меньшинствам, без вмешательства со стороны государственных властей и независимо от государственных границ. Осуществление таких прав может подвергаться лишь тем ограни- чениям, которые предусмотрены по закону и соответствуют международным стандартам. Они вновь подтверждают, что ни одно лицо, принадлежащее к национальному меньшин- ству, не будет подвергнуто уголовным или административным санкциям, только лишь в силу своей принадлежности к такому меньшинству, за контакты в его/ее собственной стране или за ее пределами.

В области доступа к средствам информации они не будут проводить дискриминацию в отно- шении кого-либо на основании этнической, культурной, языковой или религиозной при- надлежности. Они будут предоставлять информацию, которая будет помогать электронным средствам массовой информации учитывать в своих программах этническую, культурную, языковую и религиозную самобытность национальных меньшинств.

211 4.1.5 Роль организаций и объединений

Они вновь подтверждают, что установление и поддержание беспрепятственных контактов между лицами, принадлежащими к национальному меньшинству, а также контактов через границы лицами, принадлежащими к национальному меньшинству, с лицами, с которыми они имеют общее этническое или национальное происхождение, культурное наследие или религиозные верования, способствуют взаимопониманию и содействуют добрососедским отношениям.

Поэтому они будут поощрять договоренности о трансграничном сотрудничестве на наци- ональном, региональном и местном уровне, в частности, по вопросам пересечения границ местными жителями, сохранения и посещения культурных и исторических памятников и мест, туризма, улучшения транспортного сообщения, экономики, молодежных обменов, защиты окружающей среды и создания региональных комиссий.

Они также будут поощрять создание неофициальных рабочих структур (например, семи- наров, комитетов, как в рамках государств-участников, так и между государствами-участ- никами) там, где проживают национальные меньшинства, для обсуждения, обмена опытом и представления предложений по вопросам, касающимся национальных меньшинств.

С целью улучшения своей информации о фактическом положении национальных мень- шинств государства-участники будут на добровольной основе направлять через Секре- тариат СБСЕ информацию другим государствам-участникам о фактическом положении национальных меньшинств на их соответствующих территориях, а также заявления по вопросам национальной политики в этом отношении.

Государства-участники сдадут на хранение в Секретариат СБСЕ экземпляры вкладов, сде- ланных в ходе пленарных заседаний Совещания экспертов СБСЕ по вопросам националь- ных меньшинств, которые они хотят сделать доступными для общественности.

4.1.5 Роль организаций и объединений

Копенгаген, 1990 г.

(30) (…) [Государства-участники] также признают важную роль неправительственных орга- низаций, включая политические партии, профсоюзы, организации по правам человека и религиозные группы, в поощрении терпимости, культурного многообразия и в решении вопросов, относящихся к национальным меньшинствам. (…)

Лица, принадлежащие к национальным меньшинствам (…) имеют право: (32.2) создавать и поддерживать свои собственные образовательные, культурные и рели- гиозные учреждения, организации или ассоциации, которые могут искать добровольную финансовую и другую помощь, а также государственную поддержку в соответствии с наци- ональным законодательством; (…) (32.6) создавать и поддерживать организации или ассоциации в пределах своей страны и участвовать в деятельности международных неправительственных организаций.

212 4.1.6 Защита от преступлений на почве ненависти

Женева, 1991 г.

IV.

Государства-участники считают, что эти и другие подходы (…) могли бы содействовать улучшению положения национальных меньшинств на их территориях.

Государства-участники вновь подтверждают право лиц, принадлежащих к националь- ным меньшинствам, создавать и поддерживать свои собственные образовательные, куль- турные и религиозные учреждения, организации и ассоциации и не будут препятствовать осуществлению этого права.

В этой связи они признают ту жизненно важную роль, которую играют отдельные лица, неправительственные организации и религиозные и другие группы в деле оказания содей- 4 ствия взаимопониманию между различными культурами и улучшения отношений на всех уровнях общества, а также через международные границы.

Они считают, что непосредственные наблюдения и опыт таких организаций, групп и отдель- ных лиц могут оказаться весьма полезными для поощрения выполнения обязательств по СБСЕ, касающихся лиц, принадлежащих к национальным меньшинствам. Поэтому они будут поддерживать работу таких организаций, групп и отдельных лиц, не будут препят- ствовать ей и будут приветствовать их вклады в этой области.

4.1.6 Защита от преступлений на почве ненависти

Женева, 1991 г.

213 4.2 Рома и синти

свою решимость неизменно осуждать такие проявления в отношении кого бы то ни было. В этом контексте они вновь заявляют о своем признании особых проблем роман (цыган) (…)

Государства-участники будут также принимать эффективные меры, включая принятие, в соответствии с их конституционным правом и их международными обязательствами, если они еще не сделали этого, законов, которые запрещали бы акты, представляющие собой подстрекательство к насилию, основанному на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти, включая антисемитизм, проводить политику, направленную на обеспечение соблюдения таких законов.

Кроме того, с целью более полного осознания общественностью предрассудков и ненависти, совершенствования соблюдения законов о преступлениях, связанных с ненавистью, а также с целью осуществления иных дальнейших усилий по преодолению ненависти и предрассуд- ков в обществе, они будут прилагать усилия с целью сбора, издания на регулярной основе и предоставления в распоряжение общественности данных о преступлениях на своих соот- ветствующих территориях, в основе которых лежат предрассудки в отношении расы, этни- ческого происхождения или религии, включая руководящие принципы, используемые для сбора таких данных. Эти данные не должны содержать информации о конкретных лицах.

Они будут консультироваться и обмениваться мнениями и информацией на международ- ном уровне, в том числе на будущих совещаниях СБСЕ, о преступлениях, которые свиде- тельствуют о наличии предрассудков и ненависти.

4.2 Рома и синти

Смотри также: I. 2.3.4 A: Бюро по демократическим институтам и правам человека (БДИПЧ) I. 2.3.4 A. III: Контактный пункт БДИПЧ по вопросам рома и синти II. 5: Обязательства, относящиеся к вопросам равенства, толерантности и недискриминации

4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

Женева, 1991 г. (VI)

[Государства-участники] готовы принять эффективные меры для достижения полного равенства возможностей между лицами, принадлежащими к романам, обычно прожива- ющим в их государстве, и остальным населением. Они будут также поощрять исследова- ния и изыскания, касающиеся роман и тех особых проблем, с которыми они сталкиваются.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

23. Государства-участники постановляют создать в БДИПЧ пункт для контактов по вопро- сам, касающимся народности рома и синти (цыган) (…)

214 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

31. (…) Мы обязуемся обеспечить, чтобы законодательство и политические установки пред- усматривали полное уважение прав рома и синти, и там, где это необходимо, содействовать принятию соответствующего антидискриминационного законодательства. (…)

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

20. Мы признаем особые трудности, с которыми сталкиваются рома и синти, и необхо- димость принятия эффективных мер, чтобы добиться полного равенства возможностей для лиц, принадлежащих к рома и синти, соответствующего принятым в ОБСЕ обяза- тельствам. Мы будем наращивать свои усилия для обеспечения того, чтобы рома и синти могли стать полноправными членами общества, а также для искоренения дискриминации в их отношении.

Маастрихт, 2003 г. (Решение № 3/03, План действий по улучшению положения рома и синти в регионе ОБСЕ)

Совет министров, (…)

признавая особые трудности, с которыми сталкиваются рома и синти, и необходимость принятия эффективных мер с целью искоренить дискриминацию против них и обеспечить равенство возможностей в соответствии с принятыми в ОБСЕ обязательствами,

признавая достижение прогресса в области национального законодательства и программ действий, а также существенные усилия, предпринятые с этой целью государствами-у- частниками,

сознавая в то же время, что для улучшения повсюду в регионе ОБСЕ положения населе- ния, принадлежащего к народностям рома и синти, по прежнему необходимы решитель- ные действия, (…) 4 будучи убежден, что рома и синти должны во все возрастающей степени принимать на себя ответственность за формирование адресованной им политики,

постановляет одобрить План действий по улучшению положения рома и синти в регионе ОБСЕ, принятый Решением № 566 Постоянного совета от 27 ноября 2003 года и приводи- мый в Приложении к настоящему Решению.

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

II. Общий контекст: в интересах народности рома, вместе с ними

4. В каждой из стран политика и стратегия должны: 1) откликаться на реальные проблемы, нужды и приоритеты общин рома и синти; 2) носить комплексный характер; 3) предус- матривать сбалансированный и поддающийся систематическому применению подход,

215 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

увязывающий правозащитные цели с социальной политикой; и 4) максимально повышать роль цыган в определении затрагивающей их политики. (…) Кроме того, в стратегиях осу- ществления должны быть предусмотрены механизмы, обеспечивающие проведение в жизнь общегосударственной политики на местном уровне.

5. Государствам-участникам и соответствующим институтам ОБСЕ следует руководство- ваться в своих усилиях тем принципом, что любая политика и стратегия осуществления должны разрабатываться и реализовываться при активном участии общин рома и синти. В разработке этих стратегий рома и синти должны участвовать рука об руку с представи- телями местных, национальных и международных органов. Что не менее важно, цыган- ские общины должны выступать в качестве равноправных партнеров и нести свою долю ответственности за повышение своего благосостояния.

6. При разработке и реализации любой политики и программ должно учитываться особое положение цыганских женщин. Там, где существуют совещательные и иные механизмы содействия участию рома и синти в таком процессе определения политики, женщины должны иметь возможность участвовать в этой работе наравне с мужчинами. Проблемы цыганских женщин должны систематически учитываться в любых соответствующих поли- тических решениях, касающихся всего населения.

III. Борьба с расизмом и дискриминацией

Законодательство и правоохранительная деятельность

Рекомендуемые действия государств-участников: (…)

8. Принять и применять эффективное антидискриминационное законодательство в целях борьбы с дискриминацией по расовому и этническому признаку во всех сферах, включая, в частности, доступ к жилью, вопросы гражданства и постоянного проживания, образо- вание, занятость, медицинское обслуживание и социальные услуги. Привлекать предста- вителей рома и синти к работе по концептуализации, реализации и оценке.

9. Антидискриминационное законодательство должно предусматривать: • запрет как прямой, так и косвенной расовой дискриминации; • введение эффективных и пропорциональных санкций, достаточных для предупрежде- ния актов или практики дискриминации; (…) • равный доступ к эффективной средствам правовой защиты (судебным или администра- тивным процедурам, процедурам примирения или посредничества).

10. Необходимо обеспечить, чтобы национальное законодательство запрещало любые акты дискриминации, а также чтобы все случаи предположительной дискриминации тщательно и объективно расследовались.

216 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

транспарентности. Побуждать представителей рома и синти к участию в работе таких орга- нов, которая должна быть доступной для общественности.

12. Разрабатывать там, где это необходимо, всеобъемлющие национальные стратегии или планы действий по улучшению положения рома и синти, включающие конкретные меры по противодействию дискриминации во всех областях жизни.

13. Регулярно оценивать – особенно на местном уровне – результаты осуществления таких стратегий и привлекать общины рома и синти к процессу оценки. (…)

15. Документально регистрировать с соблюдением национальных и международных норм защиты данных все виды и соответствующие случаи дискриминации, с тем, чтобы иметь возможность лучше оценивать ситуацию и откликаться на нужды рома и синти. (…)

17. Не допускать безнаказанности виновных в актах дискриминации … в частности, путем незамедлительного принятия полицией эффективных мер по расследованию и наказанию соответствующих лиц.

18. Облегчать рома и синти доступ к правосудию с помощью таких мер, как правовая помощь и предоставление информации на цыганском языке.

19. При разработке всех мер и программ принимать во внимание положение цыганских женщин, которые зачастую становятся жертвами дискриминации, мотивированной и их этническим происхождением, и полом. (…)

Средства массовой информации

Рекомендуемые действия государств-участников:

37. В целях содействия свободе выражения мнений поощрять профессиональную подго- товку журналистов-цыган и их прием на работу в органы массовой информации в целях 4 расширения доступа рома и синти к средствам массовой информации.

IX. Контактный пункт БДИПЧ по вопросам рома и синти (…)

136. В целях облегчения процесса обзора выполнения приветствуются представление госу- дарствами-участниками ОБСЕ в ходе совещаний по рассмотрению выполнения, посвящен- ных человеческому измерению, перед конференциями по обзору, а также на заседаниях Постоянного совета – в зависимости от того, что целесообразно, – информации о недавних событиях, влияющих на положение рома и синти, и/или о мерах, принятых в духе насто- ящего Плана действий.

137. Все соответствующие институты и структуры ОБСЕ, включая операции ОБСЕ на местах, будут продолжать тесно взаимодействовать с государствами-участниками в целях оказа- ния им помощи в выполнении Плана действий.

217 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

Совет министров, (…)

4. Рекомендует государствам-участникам принимать во внимание вопросы, касающиеся рома и синти, при рассмотрении своего законодательства и политики, затрагивающих рома и синти, особенно в приоритетных областях Плана действий по улучшению положе- ния рома и синти в регионе ОБСЕ 2003 года;

5. Призывает соответствующие национальные органы, влияющие на положение рома и синти, такие, как органы, имеющие отношение к меньшинствам, доступу к услугам здра- воохранения, образованию, жилью, антидискриминационной работе, полиции и средствам массовой информации, наращивать свои усилия по обеспечению выполнения обязательств ОБСЕ в рамках национального законодательства о равенстве и недискриминации. В этом контексте особое внимание следует уделять положению цыганских женщин и девочек;

6. Рекомендует государствам-участникам, которые еще не сделали этого, создать на соот- ветствующих уровнях организационные механизмы с участием цыган и профильных государственных органов, с тем чтобы облегчить осуществление политики и программ, направленных на улучшение положения рома и синти;

7. Призывает государства-участники наращивать свои усилия по активному вовлечению общин рома и синти в процесс выработки политики, касающейся рома и синти (…);

8. Призывает к дальнейшей координации и сотрудничеству, в пределах существующих ресурсов, в рамках ОБСЕ и, когда это необходимо, с соответствующими субъектами меж- дународных отношений, такими, как Совет Европы и Европейский союз: (…)

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти)

Совет министров,

вновь подтверждая принятые в рамках ОБСЕ обязательства, касающиеся рома и синти, в том числе те, которые содержатся в Плане действий по улучшению положения рома и синти в регионе ОБСЕ 2003 года,

признавая, что государствами-участниками были с этой целью предприняты определен- ные усилия,

отмечая, что был достигнут ограниченный прогресс в ликвидации сохраняющегося в неко- торых областях серьезного разрыва в положении рома и синти и остального населения,

218 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

принимая к сведению Доклад БДИПЧ о положении дел с выполнением Плана действий по улучшению положения рома и синти в регионе ОБСЕ 2008 года,

подчеркивая, что для улучшения положения рома и синти во всем регионе ОБСЕ необхо- димы решительные действия,

будучи убежден, что государства-участники должны стремиться к максимальному повы- шению роли цыган в определении затрагивающей их политики и что общины рома и синти должны быть партнерами и разделять ответственность за реализацию такой политики, призванной способствовать их интеграции,

признавая особые трудности, с которыми сталкиваются рома и синти, и необходимость принятия эффективных мер с целью искоренения дискриминации в отношении них и обе- спечения их устойчивой интеграции в соответствии с обязательствами, принятыми в рам- ках ОБСЕ,

будучи обеспокоен тем, что рома и синти принадлежат к общинам, которые продолжают страдать от расизма и дискриминации, а также ростом предрассудков и жестоких прояв- лений нетерпимости в отношении к рома и синти,

отмечая, что в периоды глобального экономического спада рома и синти принадлежат к тем, кто является особенно уязвимым и может стать объектом иррациональной враждебности и общественного осуждения,

сознавая, что проявления нетерпимости в отношении рома и синти могут не только при- вести к росту их изоляции и маргинализации, но и поставить под угрозу общественное согласие и мирное сосуществование в обществе в целом, (…)

подчеркивая значение соответствующих институтов и структур ОБСЕ в осуществлении их мандатов путем поддержки выполнения Плана действий по улучшению положения рома и синти в регионе ОБСЕ, а также эффективной координации и сотрудничества в рамках ОБСЕ с этой целью,

1. Призывает государства-участники активизировать свои усилия по выполнению Плана 4 действий по улучшению положения рома и синти в регионе ОБСЕ и продвигать процесс устойчивой интеграции рома и синти;

2. Призывает государства-участники продолжать представлять БДИПЧ информацию о достигнутом прогрессе в выполнении Плана действий по улучшению положения рома и синти в регионе ОБСЕ; (…)

4. Призывает государства-участники надлежащим образом активизировать участие рома и синти в выработке, осуществлении и оценке затрагивающей их политики, а также поощ- рять диалог между рома и синти и остальным обществом с целью повышения информи- рованности о той угрозе общественному согласию, стабильности и безопасности, которую могут нести нетерпимость и дискриминация;

219 4.2.1 Защита прав человека и основных свобод, включая равенство возможностей и недискриминацию

5. Призывает государства-участники в сотрудничестве с рома и синти определить и изу- чить проблемы миграции рома и синти, имеющие отношение к их устойчивой интеграции в пределах региона ОБСЕ;

вновь подтверждая принятые в рамках ОБСЕ обязательства, касающиеся рома и синти, (…)

признавая, что в регионе ОБСЕ предпринимаются различные усилия по улучшению поло- жения рома и синти, такие, как разработка и осуществление национальных планов действий и стратегий, а также принятие специальных программ и политических мер, и что для их осуществления крайне важна реализация этих инициатив на местном уровне, (…)

будучи обеспокоен тем, что рома и синти в регионе ОБСЕ по-прежнему подвергаются наси- лию на почве расизма и предубеждений, (…)

призывает государства-участники:

1. Наращивать усилия по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ, в частности, посредством совершенствования работы по мони- торингу и анализу стратегий, политики и мер, нацеленных на интеграцию рома и синти; (…)

5. Побуждать соответствующие исполнительные структуры ОБСЕ к наращиванию своей деятельности с целью укрепления потенциала женских и молодежных организаций рома и синти, имея в виду содействовать расширению прав и возможностей, повышению образова- тельного уровня и борьбе с дискриминацией в отношении цыганских женщин и подростков,

220 4.2.2 Эффективное участие в общественной и политической жизни

а также побуждать цыганских женщин к участию наравне с мужчинами в работе во всех интересующих их сферах жизни;

Призывает обеспечить дальнейшую координацию действий в рамках ОБСЕ и сотрудниче- ство с соответствующими международными партнерами с целью наращивания усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ;

Побуждает ПА ОБСЕ продолжить свои усилия, нацеленные на улучшение положения рома и синти в регионе ОБСЕ.

4.2.2 Эффективное участие в общественной и политической жизни

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

[Государства-участники]

(35) вновь подтверждают (…) необходимость разработки соответствующих программ, направленных на решение проблем их граждан, принадлежащих к общинам рома и другим группам, традиционно называемым цыганами, а также необходимость создания условий, в которых эти лица будут иметь равные возможности в полной мере участвовать в жизни общества, и изучат пути сотрудничества для достижения этой цели.

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

VI. Расширение участия в общественно-политической жизни

Рекомендуемые действия государств-участников:

87. Государства-участники должны проявлять инициативу в обеспечении того, чтобы у рома и синти, как и у всех других жителей, имелись все необходимые документы, включая сви- детельства о рождении, удостоверения личности и полисы медицинского страхования. Проблемы, связанные с отсутствием основных документов, государствам-участникам насто- ятельно рекомендуется решать на основе партнерского взаимодействия с общественными 4 организациями рома и синти.

88. Желательно, чтобы государства-участники принимали во внимание следующие основ- ные предпосылки обеспечения эффективного участия рома и синти в общественно-поли- тической жизни: • вовлечение на раннем этапе: любая инициатива, касающаяся рома и синти, должна предусматривать их как можно раннее вовлечение в нее на этапах разработки, осуществления и оценки; • всеобщий охват: рома и синти должны быть охвачены формальными процессами консультаций, причем эффективность механизмов, созданных для их участия в выработке важнейших поли- тических инициатив, должна обеспечиваться за счет их вовлечения в процесс, характе- ризующийся широкой представительностью; • транспарентность:

221 4.2.2 Эффективное участие в общественной и политической жизни

программы и предложения должны распространяться за достаточно долгое время до наступления сроков принятия решений, с тем, чтобы представители общин рома и синти могли подвергнуть их содержательному анализу и внести в них свой вклад; • реальное участие рома и синти в государственном управлении на всех уровнях: участие рома и синти в местных органах государственного управления совершенно необ- ходимо для эффективного осуществления затрагивающей их политики; • собственная ответственность: рома и синти играют важнейшую и незаменимую роль в обеспечении практического соблюдения их права на участие в политическом процессе.

89. Выборные должностные лица должны устанавливать тесные рабочие контакты с общи- нами рома и синти.

90. Создавать механизмы для обеспечения равноправного, прямого и открытого диалога между представителями рома и синти и государственными властями, включая совещатель- ные и консультативные органы.

91. Облегчать взаимодействие между политическими лидерами местного и национального уровня и различными цыганскими объединениями.

92. Организовывать кампании по повышению осведомленности о выборах в целях расши- рения участия в них цыганского электората.

93. Обеспечить избирателям-цыганам возможность делать свободный и информирован- ный выбор.

94. Принимать меры, гарантирующие женщинам равное право голоса, в том числе обеспе- чивая соблюдение запретов на так называемое «семейное голосование».

95. Поощрять рома и синти к более активному участию в работе государственных и обще- ственных служб, включая, при необходимости, специальные меры, способствующие их привлечению на работу в государственный аппарат.

96. Поощрять представительство рома и синти на выборных должностях и постах, замеща- емых путем назначения, на всех уровнях государственного управления.

97. Повышать гражданский потенциал рома и синти и вовлекать их в процессы принятия решений государственного и местного уровня в качестве выборных представителей своих общин и граждан своих стран.

98. Способствовать участию цыганских женщин в общественно-политической жизни; цыганские женщины должны иметь возможность наравне с мужчинами участвовать в кон- сультативных и иных механизмах, призванных расширять доступ ко всем сферам обще- ственно-политической жизни.

Совет министров,

222 4.2.2 Эффективное участие в общественной и политической жизни

(…)

7. Призывает государства-участники наращивать свои усилия по активному вовлечению общин рома и синти в процесс выработки политики, касающейся рома и синти, и поощрять эффективное участие рома и синти в общественной и политической жизни; (…)

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти)

Совет министров, (…)

признавая ключевую роль образования в расширении возможностей для равноправного участия рома и синти, включая цыганских женщин, подростков и детей, в особенности девочек, в социальной, политической, экономической и культурной жизни, в осуществле- нии ими своих прав и содействии их полной интеграции,

будучи убежден в том, что государствам-участникам следует стремиться к обеспечению цыганам возможности вносить свой вклад в разработку затрагивающих их стратегий и что цыган следует рассматривать в качестве партнеров по выполнению этих стратегий, при- званных содействовать и облегчать их интеграцию, и делить с ними ответственность за это,

признавая, что государство через свою политику и институты должно поддерживать и поощ- рять права цыганских женщин, и в частности принцип равноправия мужчин и женщин, при активном участии самих цыганских женщин,

223 4.2.3 Доступ к образованию

(…)

2.7. расширения участия рома и синти в процессе выработки, осуществления и оценки затрагивающих их политических мер, в том числе через поощрение участия рома и синти в политической жизни и поддержку просветительской работы с избирателями из числа рома и синти; (…) 2.11. принятия необходимых мер по повышению активности и роли рома и синти в деле углубления их социальной интеграции; (…)

4. Принять активные меры в поддержку расширения прав и возможностей цыганских детей, в том числе посредством: 4.1 наращивания усилий, призванных обеспечить цыганским женщинам возможность осу- ществления своих прав человека, наращивания усилий по борьбе с дискриминацией в их отношении, в том числе, при необходимости, в сферах образования, занятости, медицин- ского обслуживания и обеспечения жильем, и налаживания с этой целью партнерских связей с цыганскими объединениями гражданского общества и цыганским населением; 4.2 содействия эффективному и равноправному участию цыганских женщин в обществен- ной и политической жизни, в том числе через обеспечение женщинам более широкого доступа к выборным должностям, государственным административным органам и руко- водящим постам; 4.3 содействия обеспечению цыганским женщинам равного доступа к рабочим местам и программам стажировки и наставничества; (…)

4.2.3 Доступ к образованию

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

V. Улучшение доступа к образованию

Образование является одной из предпосылок участия рома и синти в политической и соци- ально-экономической жизни своих стран на равноправной с другими основе. Незамед- лительное принятие в этой области действенных мер, особенно способствующих лучшей посещаемости школьных занятий и направленных на борьбу с неграмотностью, должно рассматриваться в качестве одного из наивысших приоритетов как руководством, так и цыганскими общинами. Политика в области образования должна быть нацелена на инте- грацию рома и синти в общую систему образования путем предоставления полного и рав- ного доступа к нему на всех уровнях при сохранении внимания к культурной специфике.

Рекомендуемые действия государств-участников:

67. Обеспечить, чтобы национальное законодательство включало надлежащие положения о запрете расовой сегрегации и дискриминации в области образования и предусматривало эффективные меры правовой защиты при нарушениях такого законодательства.

224 4.2.3 Доступ к образованию

68. Консультироваться с представителями рома и синти при выработке затрагивающей их политики в области образования.

69. Активно способствовать предоставлению детям рома и синти равных возможностей в области образования, особенно путем оказания им языковой или иной помощи.

70. Принимать особые меры к повышению качества и эффективности образования для детей рома и синти. Поощрять более широкую представленность рома и синти в препода- вательском составе школ.

71. Включать в учебные пособия материалы по истории и культуре цыган, уделяя особое внимание судьбе рома и синти в период Холокоста.

72. Рассмотреть вопрос о принятии мер, обеспечивающих организацию преподавания, уважение, защиту и распространение цыганского языка, а также цыганской культуры как неотъемлемой части культурного наследия рома и синти.

73. Разрабатывать и осуществлять всеобъемлющие программы десегрегации в школах, направленные на: 1) прекращение практики систематического направления цыганских детей в специальные школы или классы (например, в школы для умственно отсталых, в школы и классы, предназначенные исключительно для детей рома и синти); и 2) перевод цыган- ских детей из специальных школ в общие.

74. Выделять средства для финансирования перевода цыганских детей в общую систему образования и разработки программ школьной поддержки, призванных облегчить такой переход в общую систему образования.

75. Облегчать цыганским детям доступ в общую систему образования путем принятия таких мер, как: (a) меры по искоренению в школах случаев проявления предрассудков в отношении рома и синти; (b) подготовка педагогических кадров в области поликультурного образования и работы с этнически неоднородными классами; (c) разработка стратегии обеспечения более широкой поддержки местной общественно- 4 стью мер по десегрегации школ; (d) оказание поддержки усилиям по преодолению разрыва между детьми рома и синти и дру- гими учениками, в том числе путем осуществления программ для дошкольников, рассчи- танных на подготовку детей рома и синти к поступлению в начальную школу; (e) оказание поддержки в целях увеличения числа посредников/воспитателей и учителей из числа членов цыганских общин.

76. Разрабатывать и реализовывать учебные программы антирасистской направленно- сти для школ, а также кампании по борьбе с расизмом для средств массовой информации.

77. Выработать политику противодействия всему комплексу факторов, способствующих низкой посещаемости школьных занятий детьми рома и синти. Это, в частности, включает обеспечение семей рома и синти необходимой документацией, позволяющей им регистри- роваться наравне со всеми другими жителями.

225 4.2.3 Доступ к образованию

78. Рассмотреть вопрос о выработке программ социальной поддержки малообеспеченных цыганских семей, имеющих детей школьного возраста.

79. Поощрять регулярное посещение детьми рома и синти школьных занятий и, в частно- сти, вовлекать в это дело членов семей и социальных посредников, содействуя осознанию родителями из числа рома и синти и цыганскими старейшинами своей ответственности за создание условий для посещения детьми школьных занятий и особенно за предоставле- ние девочкам равного доступа к образованию.

80. Уделять особое внимание обеспечению цыганским девочкам равных возможностей для получения образования и приобщения к социальной жизни и разрабатывать программы по снижению процента бросающих учебу, который среди них особенно высок.

81. Рассмотреть вопрос о разработке соответствующих программ для не закончивших начальную школу и неграмотных.

82. Разрабатывать, там где это необходимо, программы предоставления стипендий студен- там-цыганам и поощрять их более широкое участие в существующих программах предо- ставления стипендий.

83. Способствовать повышению компьютерной грамотности среди рома и синти путем соз- дания информационных веб-сайтов.

84. Проводить периодическую оценку эффективности политики в области образования.

Совет министров, (…)

имея твердое намерение повысить эффективность усилий ОБСЕ по выполнению Плана действий по улучшению положения рома и синти в регионе ОБСЕ,

1. Настоятельно призывает государства-участники обеспечить равный доступ к образованию и поощрять раннее образование детей рома и синти в качестве инструмента предотвращения социальной изоляции и маргинализации, а также достижения долгосрочного улучшения положения рома и синти. В этом контексте подчеркивает, что политика в области образо- вания должна быть нацелена на интеграцию рома и синти в общую систему образования;

3. Призывает государства-участники в сотрудничестве с рома и синти наращивать свои уси- лия по повышению информированности рома и синти о важности поступления в школу и постоянного её посещения; (…)

226 4.2.3 Доступ к образованию

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти)

Совет министров, (…)

7. Призывает государства-участники комплексно решить вопрос обеспечения раннего обра- зования для рома и синти с уделением особого внимания обеспечению равного доступа к образованию и интеграции рома и синти в общую систему образования;

учитывая, что цыганская молодежь и дети станут в будущем основными заинтересован- ными сторонами в деле содействия интеграции цыган и их общин, а также в деле содействия их полномасштабному участию в общественной, гражданской, политической, экономиче- ской и культурной жизни общества, в котором они живут, 4 призывает государства-участники:

3. Нацелить свои усилия и необходимые ресурсы на образование в качестве важного фак- тора, позволяющего улучшить положение рома и синти и добиться их более глубокой соци- ально-экономической интеграции, используя для этого следующие возможные способы: 3.1 принятие активных мер, обеспечивающих цыганским подросткам и детям равный доступ к образованию на всех уровнях в государственных учебных заведениях, в том числе в заведениях, предназначенных для детей младшего возраста, а также в начальных и сред- них школах, и возможность пройти в них обучение; 3.2 поиск путей противодействия высокому уровню отсева цыганских детей, обучающихся в средних школах, и уделение надлежащего внимания особым проблемам, с которыми стал- киваются в этой связи цыганские девочки, при одновременном принятии активных мер по поощрению обучения цыганских подростков в учебных заведениях более высокого уровня;

227 4.2.4 Социально-экономические проблемы

3.3 содействие обеспечению учащимся-цыганам более широкого доступа к учебным заве- дениям третичного уровня и принятие надлежащих мер по упрощению их приема в такие заведения, в том числе с помощью программ выплаты стипендий; 3.4 содействие разработке на общенациональном и местном уровне программ интеграции рома и синти, включая образовательные программы и дополнительные учебные курсы, посвященные, в частности, цыганской культуре и истории; 3.5 возобновление усилий по пресечению сегрегации рома и синти в учебных заведениях всех уровней; (…)

4.4 принятия, при необходимости, целенаправленных конкретных мер, содействующих обеспечению цыганским девочкам более широкого равного доступа к учебным заведениям всех уровней и возможности пройти в них обучение;

4.2.4 Социально-экономические проблемы

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

31. (…) Мы подчеркиваем необходимость уделять пристальное внимание проблеме соци- альной изоляции рома и синти. Ответственность в этих вопросах лежит главным образом на соответствующих государствах-участниках.

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

Жилье и условия жизни

Рекомендуемые действия государств-участников:

43. Создать механизмы и административно-правовые процедуры, призванные конкрети- зировать имущественные права, разрешить вопросы собственности и упорядочить пра- вовой статус рома и синти в тех случаях, когда вопрос о законности их проживания не урегулирован (например, поселения цыган в отсутствие прав на землю или поселения, не включенные в земельный план основного населенного пункта; не имеющие узаконенного жилищного статуса семьи и дома в поселениях, где соответствующие лица фактически про- живают уже десятки лет).

44. Привлекать рома и синти к определению жилищной политики, а также к реализации проектов по строительству, восстановлению и/или содержанию в должном порядке госу- дарственного жилья, осуществляемых в их интересах. Не допускать, чтобы жилищные про- екты способствовали этнической и/или расовой сегрегации.

45. Рассмотреть возможность предоставления гарантий по ссудам, которые могут быть полу- чены государствами-участниками от международных организаций и финансовых учреж- дений на нужды строительства жилья для малоимущих.

46. Поощрять кооперативное строительство жилья для цыганских общин и обеспечивать необходимое обучение содержанию таких объектов в должном порядке.

228 4.2.4 Социально-экономические проблемы

Безработица и экономические проблемы

Рекомендуемые действия государств-участников:

48. Содействовать увеличению числа обладающих должной квалификацией рома и синти среди работников государственного сектора.

49. Разработать учебные программы для подготовки слабо представленных групп населе- ния, таких, как рома и синти, к работе в местных органах государственного управления и в других сферах и политику поощрения найма на гражданскую службу выпускников этих программ.

50. Произвести переоценку результатов осуществления программ субсидированного тру- доустройства, уделяя особое внимание тем их компонентам, которые касаются образова- ния, с тем, чтобы обеспечить их направленность на повышение конкурентоспособности рома и синти на рынке труда.

51. Разработать политику и программы, в том числе в области профессионально-техни- ческого обучения, призванные повышать у рома и синти – особенно из числа молодежи и женщин – пользующиеся рыночным спросом профессиональные навыки и пригодность к трудоустройству.

52. Проводить социальную политику, нацеленную на увеличение стимулов к поиску работы, в качестве надежного способа избежания зависимости от социальных выплат.

Медицинское обслуживание

Рекомендуемые действия государств-участников:

58. Обеспечить рома и синти доступ к медицинскому обслуживанию на недискримина- ционной основе.

59. Повышать осведомленность медицинского персонала об особых нуждах цыганского населения. 4 60. Принять меры по преодолению высокой заболеваемости и недоедания в цыганских общинах.

61. Поощрять расширение доступа рома и синти к общим службам здравоохранения на раннем этапе путем: (а) информирования рома и синти о наличии таких служб и о том, как воспользоваться их услугами; (b) повышения доверия рома и синти к государственным медицинским учреждениям, в частности посредством наказания виновных в прямой или косвенной дискриминации по отношению к рома и синти; улучшения понимания работниками медицинских учреж- дений соответствующих аспектов цыганской культуры; и оказания поддержки посредни- кам, которые могут играть важную роль в преодолении отчужденности между цыганскими общинами и учреждениями здравоохранения.

62. Уделять особое внимание здоровью женщин и девочек, в частности, путем:

229 4.2.5 Расизм и дискриминация

(a) поддержки и/или разработки программ распространения информации по вопросам здравоохранения (включая питание, уход за новорожденными, бытовое насилие и т. п.); (b) расширения доступа к гинекологической помощи, включая медицинскую помощь в предродовой период, при родах и после родов, в частности путем распространения инфор- мации и обучения.

63. Уделять особое внимание здоровью детей рома и синти путем предоставления соответ- ствующей педиатрической помощи, включая профилактические меры – такие, как добро- вольная вакцинация в цыганских поселениях.

4.2.5 Расизм и дискриминация

A. Борьба с расизмом и негативными стереотипами

Копенгаген, 1990 г.

(40) Государства-участники четко и безоговорочно осуждают тоталитаризм, расовую и этни- ческую ненависть, антисемитизм, ксенофобию и дискриминацию против кого бы то ни было, а также преследование по религиозным и идеологическим мотивам. В этом контек- сте они также признают особые проблемы роман (цыган).

Женева, 1991 г. (VI)

В этом контексте они вновь заявляют о своем признании особых проблем роман (цыган). Они готовы принять эффективные меры для достижения полного равенства возможностей

230 4.2.5 Расизм и дискриминация

между лицами, принадлежащими к романам, обычно проживающим в их государстве, и остальным населением. Они будут также поощрять исследования и изыскания, касаю- щиеся роман и тех особых проблем, с которыми они сталкиваются.

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

31. Мы с сожалением констатируем акты насилия и другие проявления расизма и дискри- минации в отношении меньшинств, включая рома и синти (…)

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

Законодательство и правоохранительная деятельность

Рекомендуемые действия государств-участников:

7. Рассмотреть вопрос о ратификации в возможно кратчайшие сроки – если этого еще не было сделано – соответствующих международных договоров, и в частности Международ- ной конвенции о ликвидации всех форм расовой дискриминации. (…)

14. Стремиться путем поощрения подлинного диалога или консультаций либо иными соответствующими средствами к улучшению отношений между рома и синти и другими жителями, руководствуясь целью повышения толерантности, преодоления предубеждений и изжития негативных стереотипов с обеих сторон. (…)

Полиция

Рекомендуемые действия государств-участников:

26. Разработать политику повышения осведомленности сотрудников правоохранительных органов о положении рома и синти и преодоления предубеждений и негативных стереотипов. 4 27. Разработать программы профессиональной подготовки, ориентированной на предотвра- щение чрезмерного применения силы, более глубокое понимание и уважение прав человека.

28. Разработать политику, призванную: (1) улучшить отношения между общинами рома и синти и полицией, с тем, чтобы предупредить жестокое обращение и насилие в отноше- нии рома и синти со стороны полиции; и (2) повысить веру в полицию и доверие к ней со стороны рома и синти. (…)

30. Произвести – на основе консультаций с национальной полицией, НПО и представи- телями общин рома и синти – оценку расхождений между существующей национальной практикой и международными нормами в области полицейской деятельности.

231 4.2.5 Расизм и дискриминация

31. Разработать – там, где это необходимо, и в тесном партнерстве с международными орга- низациями и цыганскими НПО – директивные установки, кодексы поведения, практиче- ские руководства и программы подготовки кадров.

32. Побуждать рома и синти к поступлению на работу в правоохранительные органы в каче- стве надежного средства повышения толерантности и разнообразия.

Средства массовой информации

Рекомендуемые действия государств-участников:

36. Развернуть информационно-пропагандистские кампании, нацеленные на борьбу с пре- дубеждениями против рома и синти и преодоление связанных с ними негативных стере- отипов. (…)

38. Побуждать средства массовой информации освещать позитивные стороны жизни цыган и сбалансированно подавать соответствующие материалы, не допуская создания стерео- типных представлений о рома и синти и нагнетания напряженности между различными этническими группами. Организовывать в этих целях «круглые столы» с участием пред- ставителей средств массовой информации и рома и синти.

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти)

Совет министров, (…)

3. Настоятельно призывает государства-участники наращивать свои усилия по поощрению терпимости и борьбе с предрассудками в отношении рома и синти с целью предотвраще- ния их дальнейшей маргинализации и изоляции (…);

4. Призывает государства-участники (…) поощрять диалог между рома и синти и остальным обществом с целью повышения информированности о той угрозе общественному согла- сию, стабильности и безопасности, которую могут нести нетерпимость и дискриминация; (…)

отмечая (…), что цыганские женщины и девочки особенно уязвимы перед лицом множе- ственной дискриминации, а также насилия и притеснений,

232 4.2.5 Расизм и дискриминация

(…)

призывает государства-участники: (…)

2. Не допускать дальнейшей маргинализации и изоляции рома и синти и противодейство- вать дискриминации и сопряженным с насилием проявлениям нетерпимости в отношении рома и синти, в том числе в отношении цыган-мигрантов, посредством: 2.1 наращивания усилий по воспитанию терпимости и борьбе с предубеждениями в отно- шении рома и синти; 2.2 однозначного публичного осуждения любого насилия, направленного против рома и синти; 2.3 противодействия формированию через средства массовой информации негативных стереотипных представлений о рома и синти с учетом принятых в рамках ОБСЕ соответ- ствующих обязательств, касающихся свободы СМИ; (…) 2.8 развития широкого диалога в обществе с целью привлечь внимание к тому, как нетер- пимость и дискриминация в отношении рома и синти могут угрожать социальной спло- ченности, стабильности и безопасности; 2.9 принятия мер по устранению первопричин дискриминации и нетерпимости в отно- шении рома и синти, следуя, в частности, путем наращивания комплексной информаци- онно-просветительской работы с целью противодействия предубеждениям и воспитания взаимного уважения и понимания;

B. Защита от преступлений на почве ненависти

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

Законодательство и правоохранительная деятельность

9. Антидискриминационное законодательство должно предусматривать: 4 (…) • применение более строгих мер наказания за преступления на расовой почве, совершае- мые как частными лицами, так и государственными чиновниками; • равный доступ к эффективной средствам правовой защиты (судебным или администра- тивным процедурам, процедурам примирения или посредничества). (…)

11. Создать в соответствующих случаях специализированные институты, обеспечиваю- щие применение такого законодательства, а также национальные механизмы наблюде- ния за ходом его применения и регулярного представления об этом докладов в условиях транспарентности. Побуждать представителей рома и синти к участию в работе таких орга- нов, которая должна быть доступной для общественности. (…)

233 4.2.5 Расизм и дискриминация

16. Обеспечивать активное и эффективное расследование актов насилия в отношении рома и синти, особенно в случаях, когда имеются достаточные основания подозревать, что они совершены на расовой почве, и осуществлять судебное преследование виновных согласно национальному законодательству и при соблюдении соответствующих правоза- щитных норм.

17. Не допускать безнаказанности виновных в актах … насилия, в частности, путем неза- медлительного принятия полицией эффективных мер по расследованию и наказанию соот- ветствующих лиц.

Полиция

Рекомендуемые действия государств-участников: (…)

27. Разработать программы профессиональной подготовки, ориентированной на предотвра- щение чрезмерного применения силы, более глубокое понимание и уважение прав человека.

29. Разработать политику и процедуры, обеспечивающие принятие полицией эффектив- ных мер в ответ на насилие на расовой почве в отношении рома и синти.

Афины, 2009 г. (Решение № 8/09 Активизация усилий ОБСЕ по обеспечению устойчивой интеграции рома и синти)

Совет министров, (…)

234 4.2.5 Расизм и дискриминация

3. Настоятельно призывает государства-участники наращивать свои усилия по поощрению терпимости и борьбе с предрассудками в отношении рома и синти с целью (…) противо- действия росту жестоких проявлений нетерпимости в отношении рома и синти, а также безоговорочно и публично осуждать любое насилие, направленное против рома и синти, и принять все необходимые меры для обеспечения доступа к эффективным средствам пра- вовой защиты в соответствии с национальными судебными, административными, согла- сительными и примирительными процедурами, а также обеспечить в этом отношении координацию между ответственными структурами на всех уровнях; (…)

2.4 принятия или, при необходимости, ужесточения законодательства и политических мер, нацеленных против дискриминации и преступлений на почве предубеждений в отноше- нии рома и синти;

2.5 наращивания потенциала правоохранительных органов и их сотрудников по части выявления, сбора данных, расследования и судебного преследования преступлений на почве ненависти против рома и синти;

2.6 принятия необходимых мер, обеспечивающих жертвам дискриминации и сопряженных с насилием проявлений нетерпимости в отношении рома и синти доступ к эффективным средствам правовой защиты с использованием процедур судебного и административного производства, а также посредничества и примирения; (…) 4 2.10 поддержки гражданского общества в его усилиях по представлению интересов цыган, пострадавших от преступлений на почве ненависти и дискриминации, и оказанию им помощи;

2.11 принятия необходимых мер по повышению активности и роли рома и синти в деле углубления их социальной интеграции;

2.12 принятия мер, обеспечивающих безопасность, благополучие и здоровье цыганских женщин, подростков и детей, в том числе на путях противодействия бытовому насилию, ранним бракам и торговле людьми, включая, при необходимости, обеспечение доступа к реабилитационным службам;

235 4.2.6 Кризисные и послекризисные ситуации

4.2.6 Кризисные и послекризисные ситуации

Маастрихт, 2003 г. (Приложение к Решению № 3/03: План действий по улучшению положения рома и синти в регионе ОБСЕ)

VII. Рома и синти в кризисных и послекризисных ситуациях (…)

Рекомендуемые действия государств-участников:

107. Консультироваться с цыганским населением при определении кризисных ситуаций в целях облегчения надлежащих процедур и выявления конкретных географических рай- онов, из которых имеет место отток беженцев и внутренне перемещенных лиц, а также в целях учета специфического положения рома и синти.

108. Обеспечивать, чтобы цыганское население, подвергшееся вынужденному перемеще- нию (беженцы и ВПЛ), должным образом регистрировалось и чтобы ему выдавались соот- ветствующие документы.

109. Государства-участники должны обеспечивать наличие программ, облегчающих бежен- цам и ВПЛ из числа рома и синти обоснованный выбор долгосрочного решения по поводу своего будущего, включая осуществление их права на безопасное, достойное и устойчивое возвращение. Такие программы должны обеспечивать предоставление конкретной инфор- мации по каждому вопросу, имеющему значение для беженцев и ВПЛ, которая должна пред- лагаться на соответствующих языках.

110. Обеспечить, чтобы обращение с беженцами из числа рома и синти отвечало соответ- ствующим международным нормам и стандартам защиты и носило недискриминацион- ный характер.

111. Использовать функции БДИПЧ по предотвращению конфликтов и выявлению обла- стей, требующих вмешательства на раннем этапе, опираясь при этом на опыт ВКНМ ОБСЕ.

112. Уделять особое внимание потребностям цыганских женщин и детей в кризисных и послекризисных ситуациях, в первую очередь предоставляя им доступ к медицинскому обслуживанию, возможность получения жилья и школьного обучения.

4.3 Коренное население

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(29) Отмечая, что лица, принадлежащие к коренному населению, могут сталкиваться с осо- быми проблемами при осуществлении своих прав, соглашаются, что их обязательства по СБСЕ в отношении прав человека и основных свобод в полной мере и без дискриминации применимы к таким лицам.

236 4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

Смотри также: II. 3.1.11: Свобода передвижения, контактов между людьми и право на воссоединение семьи II. 3.1.13: Право на гражданство II. 4.2: Рома и синти II. 4.5: Рабочие-мигранты II. 7: Обязательства, относящиеся к международному гуманитарному праву

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(22) [Государства-участники] (…) будут разрешать всем беженцам, которые того пожелают, возвращаться в безопасности домой.

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

14. В период конфликтов наибольшей угрозе подвергается удовлетворение элементарных потребностей человека (…) Мы признаем, что проблемы беженцев, возникшие в результате этих конфликтов, требуют от всех нам сотрудничества. Мы заявляем о своей поддержке тех стран, на которые легла основная тяжесть проблемы беженцев, возникшей в результате этих конфликтов, и выражаем солидарность с этими странами. В этой связи мы признаем необходимость сотрудничества и согласованных действий.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(39) выражают свою озабоченность в отношении проблемы беженцев и перемещенных лиц.

(40) Указывают на важность предотвращения ситуаций, которые могут привести к мас- совым потокам беженцев и перемещенных лиц, и подчеркивают необходимость выявле- ния и рассмотрения коренных причин перемещения и вынужденной миграции населения. 4 (41) Признают необходимость в международном сотрудничестве, направленном на решение проблем, связанных с массовыми потоками беженцев и перемещенных лиц.

(42) Признают, что случаи перемещения часто являются результатом нарушений обяза- тельств по СБСЕ, в том числе обязательств, связанных с человеческим измерением.

(43) Вновь подтверждают важность существующих международных стандартов и докумен- тов, касающихся защиты беженцев и оказания им помощи, и рассмотрят вопрос о присо- единении к Конвенции о статусе беженцев и к Протоколу, если они еще не сделали этого.

(44) Признают важное значение деятельности Верховного комиссара Организации Объеди- ненных Наций по делам беженцев и Международного Комитета Красного Креста, а также неправительственных организаций, занимающихся оказанием помощи, для обеспечения защиты беженцев и перемещенных лиц и оказания им содействия.

237 4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

(45) Приветствуют и поддерживают нацеленные на поиск долговременных решений односто- ронние, двусторонние и многосторонние усилия по обеспечению защиты беженцев и пере- мещенных лиц и оказанию им помощи.

Стокгольм, 1992 г. (Решения: 2. СБСЕ как система общих ценностей)

Обостряющаяся проблема беженцев и перемещенных лиц является вопросом, вызывающим серьезную озабоченность всех государств-участников, особенно удовлетворение основных человеческих потребностей. Министры выразили сожаление в связи с тяготами граждан- ского населения, наиболее пострадавшего в результате подобных конфликтов, и обрати- лись с призывом ко всем государствам-участникам внести вклад в согласованные усилия по разделению этого общего бремени. Правительства всех стран несут ответственность друг перед другом за свое поведение в отношении своих граждан и своих соседей. Отдельные лица должны нести личную ответственность за военные преступления и действия в нару- шение международного гуманитарного права.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

32. Государства-участники выражают свою озабоченность в связи с происходящей в реги- оне СБСЕ массовой миграцией, в том числе с появлением миллионов беженцев и переме- щенных лиц главным образом в результате войн, вооруженных конфликтов, социальной вражды и грубых нарушений прав человека (…) они постановляют расширить сотрудни- чество в этой области с соответствующими международными организациями (…)

Лиссабон, 1996 г. (Декларация встречи на высшем уровне)

9. (…) Среди острых проблем человеческого измерения угрозой для стабильности в регионе ОБСЕ остаются непрекращающиеся нарушения прав человека, в частности в форме вынуж- денной миграции (…) Мы твердо намерены продолжать усилия по решению этих проблем.

10. Памятуя о трагедиях, постигших за последнее время беженцев в различных частях реги- она ОБСЕ, и принимая во внимание проблему насильственной миграции, мы вновь заявляем о своем осуждении любой политики «этнических чисток» или массового изгнания населе- ния и обязуемся воздерживаться от подобной политики. Наши государства будут создавать условия для безопасного и достойного возвращения беженцев и внутренне перемещенных лиц в соответствии с международными нормами. Следует добиваться их социальной реин- теграции в местах первоначального проживания на недискриминационной основе (…)

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

Мы твердо намерены (...) создать условия для осуществления беженцами права на участие в выборах, проводимых в стране их первоначального проживания.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

238 4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

также твердо намерены сделать более надежной международную защиту лиц без граж- данства. (…)

22. Мы отвергаем любую политику этнических чисток или массового изгнания. Мы вновь подтверждаем свою приверженность уважению права на поиск убежища и обеспечению международной защиты беженцев в соответствии с Конвенцией о статусе беженцев 1951 года и Протоколом к ней 1967 года, а также содействию добровольному, достойному и без- опасному возвращению беженцев и внутренне перемещенных лиц. Мы будем добиваться социальной реинтеграции на недискриминационной основе беженцев и внутренне пере- мещенных лиц в местах их первоначального проживания. С целью усиления защиты граж- данских лиц во время конфликта мы будем вести поиск путей более активного применения международного гуманитарного права.

Бухарест, 2001 г. (Приложение к Решению № 1 Борьба c терроризмом: Бухарестский план действий по борьбе с терроризмом)

15. Решение проблемы затянувшегося перемещения. Государства-участники/ БДИПЧ/ВКНМ/ Представитель по вопросам свободы средств массовой информации: будут изучать воз- можности укрепления потенциала ОБСЕ по поиску надежных решений, поддержке дру- гих соответствующих организаций, в первую очередь Управления Верховного комиссара ООН по делам беженцев, и тесному сотрудничеству с ними; будут внимательно следить за ситуациями, связанными с затянувшимся перемещением.

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров, (…)

12. Обязуется в этой связи, при соблюдении национального законодательства и международ- ных обязательств, вести борьбу с дискриминацией лиц, ищущих убежища, а также беженцев, там, где она существует, и призывает БДИПЧ укреплять свою деятельность в этой области;

13. Принимает во внимание Руководящие принципы ООН касательно внутреннего пере- 4 мещения как полезную основу для работы ОБСЕ и усилий государств-участников по реше- нию проблем внутреннего перемещения;

София, 2004 г. (Приложение к Решению № 14/04, План действий ОБСЕ 2004 года по поддержке гендерного равенства)

в соответствии с рекомендациями, изложенными в Руководящих принципах по вопро- сам международной защиты, касающимся преследования по гендерному признаку, в кон- тексте статьи 1А (2) Конвенции 1951 года о статусе беженцев и/или Протокола 1967 года к ней, касающегося статуса беженцев, ввести в государствах, которые еще не сделали этого, процедурную практику, обеспечивающую надлежащее рассмотрение ходатайств женщин в процессе определения статуса беженцев, а также уделение надлежащего внимания всему спектру жалоб на преследования на гендерной почве;

239 4.4 Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства

4.5 Содействовать обеспечению достойного обхождения со всеми лицами, желающими пересекать границы, согласно соответствующим национальным правовым нормам, меж- дународному праву, в частности, международным стандартам в области прав человека, беженскому праву и гуманитарному праву, а также соответствующим обязательствам, при- нятым в рамках ОБСЕ;

Гамбург, 2016 г. (Решение № 3/16 Роль ОБСЕ в управлении перемещением больших групп мигрантов и беженцев)

Совет министров,

признавая весомость связанных с безопасной, упорядоченной и регулируемой миграцией выгод и благоприятных возможностей, которые зачастую недооцениваются, отмечая при этом, что нерегулируемое перемещение больших групп мигрантов нередко порождает сложные вызовы, а также признавая весомый экономический и социальный вклад, кото- рый мигранты и беженцы способны внести в обеспечение инклюзивного роста и устой- чивого развития,

признавая ведущую роль Организации Объединенных Наций,

приветствуя предпринятые сербским и немецким председательствами ОБСЕ с 2015 года усилия по поиску в ОБСЕ путей решения проблем, связанных с более эффективным управ- лением этими перемещениями,

отмечая многие конкретные меры, касающиеся миграции и беженцев, которые уже были предприняты исполнительными структурами ОБСЕ в рамках их существующих мандатов, а также государствами-участниками в порядке выполнения действующих обязательств в рамках ОБСЕ, соответствующих документов Организации Объединенных Наций и наци- ональных стратегий,

опираясь на итоги углубленных дискуссий, проведенных в ОБСЕ, особенно в ходе слу- шаний, состоявшихся весной 2016 года на заседаниях неофициальной рабочей группы по вопросу о потоках мигрантов и беженцев и на специальном заседании Постоянного совета ОБСЕ, состоявшемся 20 июля 2016 года,

1. Отмечает работу неофициальной рабочей группы по вопросу о потоках мигрантов и беженцев и ее итоги, обсужденные на специальном заседании Постоянного совета ОБСЕ 20 июля 2016 года;

2. Побуждает исполнительные структуры ОБСЕ продолжить в рамках имеющихся у них мандатов и ресурсов свою работу по проблеме миграции, в том числе путем наращивания

240 4.5 Рабочие-мигранты

деятельности, ведущей к обмену передовым опытом и активизации диалога и сотрудниче- ства с партнерами по сотрудничеству, так чтобы эта работа дополняла деятельность, которая ведется другими соответствующими международными организациями и учреждениями;

3. Побуждает государства-участники использовать, среди прочего, площадку ОБСЕ, в том числе соответствующие рабочие органы Организации, для дальнейшей работы над пробле- мами, связанными с миграцией, там, где ОБСЕ наработан собственный экспертный потен- циал, и активизировать диалог по вопросам, касающимся миграции, в части разработки возможных эффективных мер и совместных подходов к их решению.

4.5 Рабочие-мигранты

Смотри также: II. 3.1.11: Свобода передвижения, контактов между людьми и право на воссоединение семьи II. 3.2.2: Экономические и социальные права II. 4.2: Рома и синти II. 5.3: Борьба с действиями, мотивированными предубеждениями, нетерпимостью и нена- вистью

Хельсинки, 1975 г. (Сотрудничество в области экономики, науки и техники и окружающей среды)

Государства-участники,

принимая во внимание, что перемещение рабочих-мигрантов в Европе приняло большие размеры и что оно является важным экономическим, социальным и гуманитарным фак- тором как в принимающих странах, так и в странах происхождения,

признавая, что миграция рабочих порождает также ряд экономических, социальных, гума- нитарных и иных проблем как в принимающих странах, так и в странах происхождения,

учитывая надлежащим образом деятельность в этой области компетентных международ- 4 ных организаций, в частности Международной организации труда, считают, что проблемы, возникающие в двустороннем плане в связи с миграцией рабочих в Европе, а также между государствами-участниками, должны рассматриваться непосредственно заинтересован- ными сторонами с тем, чтобы решать эти проблемы в их обоюдных интересах, в свете стрем- ления каждого заинтересованного государства учитывать должным образом потребности, вызываемые его социально-экономическим положением, принимая во внимание обязан- ность каждого государства действовать в соответствии с двусторонними и многосторон- ними соглашениями, стороной которых оно является, и имея в виду следующие цели: • поощрять усилия стран происхождения, направленные на расширение возможностей занятости для своих граждан на своей территории, в частности путем развития эконо- мического сотрудничества, отвечающего этой цели и приемлемого для заинтересован- ных стран происхождения и принимающих стран; • обеспечивать, путем сотрудничества между принимающей страной и страной происхож- дения, создание условий, в которых могло бы происходить упорядоченное перемещение рабочих, ограждая при этом их личное и социальное благосостояние, и организовывать

241 4.5 Рабочие-мигранты

в соответствующих случаях набор и элементарную языковую и профессиональную под- готовку рабочих-мигрантов; • обеспечивать равноправие между рабочими-мигрантами и гражданами принимаю- щих стран в том, что касается условий найма и труда, а также социального обеспечения, и следить за тем, чтобы для рабочих-мигрантов создавались удовлетворительные усло- вия жизни, особенно в отношении жилья; • следить, насколько это возможно, за тем, чтобы рабочие-мигранты пользовались теми же возможностями, что и граждане принимающей страны, в отношении получения под- ходящей работы в случае безработицы; • относиться благожелательно к тому, чтобы рабочие-мигранты получали профессиональ- ную подготовку и, насколько это возможно, бесплатно обучались языку принимающей страны по месту работы; • закрепить право рабочих-мигрантов по возможности регулярно получать информа- цию на своем родном языке как о стране происхождения, так и о принимающей стране; • обеспечить детям рабочих-мигрантов, проживающих в принимающей стране, доступ к обычному для этой страны образованию на тех же условиях, что и для детей этой страны, и позволить, кроме того, преподавание родного языка, национальной культуры, истории и географии; • иметь в виду, что рабочие-мигранты, особенно получившие квалификацию, возвраща- ясь в свою страну по прошествии некоторого времени, могут способствовать восполне- нию нехватки квалифицированной рабочей силы в стране происхождения; • облегчать, насколько это возможно, воссоединение семей рабочих-мигрантов; • относиться благожелательно к усилиям стран происхождения по привлечению сбереже- ний рабочих-мигрантов с тем, чтобы в рамках их экономического развития расширить соответствующие возможности для занятости, способствуя тем самым реинтеграции этих рабочих по их возвращении.

Мадрид, 1983 г. (Сотрудничество в области экономики, науки и техники и окружающей среды)

Государства-участники, в контексте положений Заключительного акта, касающихся мигри- рующей рабочей силы в Европе, отмечают, что развитие мировой экономики в послед- нее время затронуло положение рабочих-мигрантов. В этой связи государства-участники выражают пожелание, чтобы принимающие страны и страны происхождения, руковод- ствуясь духом взаимной заинтересованности и сотрудничества, интенсифицировали свои контакты, имея в виду дальнейшее улучшение общего положения рабочих-мигрантов и их семей, в частности в том, что касается защиты прав человека, включая их экономические, социальные и культурные права, принимая особенно во внимание специальные проблемы мигрантов второго поколения. Они будут также стремиться обеспечивать или содейство- вать – в тех случаях, когда существуют разумные потребности, – соответствующему пре- подаванию языка и культуры страны происхождения.

Государства-участники рекомендуют, чтобы, наряду с другими мерами по облегчению соци- альной и экономической реинтеграции возвращающихся рабочих-мигрантов, была обе- спечена соответствующими законодательными средствами или взаимными соглашениями выплата пенсий, полагающихся или установленных в соответствии с системами социаль- ного обеспечения, к которым такие рабочие допущены в стране пребывания.

242 4.5 Рабочие-мигранты

Вена, 1989 г. (Сотрудничество в области экономики, науки и техники и окружающей среды)

(40) Государства-участники подчеркивают необходимость эффективного осуществления положений Заключительного акта и мадридского Итогового документа, касающихся рабо- чих-мигрантов и их семей в Европе. Они просят принимающие страны и страны происхож- дения предпринять усилия с тем, чтобы улучшать в дальнейшем экономические, социальные, культурные и другие условия жизни рабочих-мигрантов и их семей, законно проживаю- щих в принимающих странах. Они рекомендуют, чтобы принимающие страны и страны происхождения содействовали двустороннему сотрудничеству между ними в соответству- ющих областях с целью способствовать реинтеграции рабочих-мигрантов и их семей, воз- вращающихся в страну происхождения.

(41) Государства-участники (…) будут благожелательно рассматривать ходатайства о вос- соединении семей, а также о семейных контактах и поездках рабочих-мигрантов из других государств-участников, законно проживающих в принимающих странах.

(42) Государства-участники будут обеспечивать, чтобы рабочие-мигранты из других госу- дарств-участников и их семьи могли свободно пользоваться благами своей национальной культуры, сохранять ее и иметь доступ к культуре принимающей страны.

(43) С целью обеспечения эффективного равенства возможностей между детьми рабочих-ми- грантов и детьми своих граждан в отношении доступа ко всем видам и уровням образова- ния, государства-участники подтверждают свою готовность принять меры, необходимые для более полного использования и улучшения возможностей получения образования. Кроме того, они будут поощрять или облегчать там, где имеется разумная потребность, дополни- тельное преподавание для детей рабочих-мигрантов на их родных языках.

(44) Государства-участники признают, что вопросы рабочих-мигрантов имеют свое чело- веческое измерение.

Копенгаген, 1990 г.

(22) Государства-участники подтверждают, что защита и поощрение прав рабочих-мигран- тов имеют свое человеческое измерение. В этом контексте они 4 (22.1) соглашаются, что защита и поощрение прав рабочих-мигрантов является задачей всех государств-участников и как таковые они должны рассматриваться в рамках процесса СБСЕ;

(22.2) подтверждают свое обязательство полностью обеспечивать в своем внутреннем зако- нодательстве права рабочих-мигрантов, предусмотренные международными соглашени- ями, участниками которых они являются;

(22.3) считают, что в будущих международных инструментах, касающихся прав рабо- чих-мигрантов, они должны учитывать тот факт, что данный вопрос важен для них всех;

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы признаем, что проблемы рабочих-мигрантов и их семей, законно проживающих в при- нимающих странах, имеют экономические, культурные и социальные аспекты, а также свое человеческое измерение. Мы вновь подтверждаем, что защита их прав и содействие

243 4.5 Рабочие-мигранты

им, а также выполнение соответствующих международных обязательств является нашим общим делом.

Москва, 1991 г.

(38) Государства-участники признают необходимость обеспечить уважение прав трудя- щихся-мигрантов и их семей, законно проживающих в государствах-участниках, и особо отметить их право на свободное проявление их национальных, культурных, религиозных и языковых особенностей. Осуществление таких прав может подлежать лишь таким огра- ничениям, которые установлены законом и соответствуют международным стандартам. (38.1) Они осуждают все акты дискриминации по признаку расы, цвета кожи и этнического происхождения, нетерпимости и ксенофобии в отношении трудящихся-мигрантов. Они будут принимать в соответствии с национальным законодательством и международными обязательствами эффективные меры для поощрения терпимости, понимания, равенства возможностей и уважения основных прав человека трудящихся-мигрантов; и примут, если они еще не сделали этого, меры по запрещению актов, представляющих собой подстрека- тельство к насилию, основанному на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти. (38.2) Они примут соответствующие меры, которые бы позволили трудящимся-мигрантам принимать участие в общественной жизни государств-участников. (38.3) Они отмечают, что вопросы, связанные с человеческим измерением трудящихся-ми- грантов, проживающих на их территории, как и любые другие вопросы, относящиеся к чело- веческому измерению, могли бы быть подняты в рамках механизма человеческого измерения.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(36) Вновь заявляют, что права человека и основные свободы являются всеобщими и что рабочие-мигранты также пользуются этими правами и свободами, независимо от места их проживания, а также подчеркивают важность выполнения всех обязательств по СБСЕ в отношении рабочих-мигрантов и их семей, законно проживающих на территории госу- дарств-участников.

(37) Будут способствовать созданию условий для развития более гармоничных отношений между рабочими-мигрантами и обществом государства-участника, в котором они законно проживают. С этой целью они будут, в частности, принимать меры, направленные на то, чтобы способствовать освоению рабочими-мигрантами и их семьями языков и ознаком- лению с общественной жизнью соответствующего государства-участника, в котором они законно проживают, с тем, чтобы предоставить им возможность участвовать в жизни обще- ства принимающей страны.

(38) Будут в соответствии со своей внутренней политикой, своими внутренними законами и международными обязательствами стремиться в соответствующих случаях к созданию для законно проживающих и работающих рабочих-мигрантов условий, способствующих обеспечению равных возможностей в том, что касается условий труда, образования, соци- ального обеспечения и здравоохранения, обеспечения жильем, возможности участия в про- фсоюзной деятельности, а также культурных прав.

244 4.5 Рабочие-мигранты

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

29. Они постановили, что должны приниматься надлежащие меры для более эффективного предотвращения расистских вылазок и других насильственных проявлений нетерпимости в отношении рабочих-мигрантов и их семей. (…)

31. Они будут продолжать содействовать социальной интеграции рабочих-мигрантов в тех странах, где они законно проживают. Они признают, что успех процесса интеграции также зависит от его активного осуществления самими мигрантами, и, соответственно, приняли решение поощрять их в этом отношении.

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров (…)

11. Принимает обязательство бороться с дискриминацией против рабочих-мигрантов. Обя- зуется также облегчать социальную интеграцию рабочих-мигрантов в тех странах, где они законно проживают.

Государства-участники обязуются: (…) • принимать в соответствии со своим внутренним законодательством и международными обязательствами меры против дискриминации, нетерпимости и ксенофобии в отноше- нии мигрантов и рабочих-мигрантов; • рассмотреть вопрос о принятии мер по повышению осведомленности общественности относительно обогащающего вклада мигрантов и рабочих-мигрантов в жизнь общества; 4 (…)

245 4.5 Рабочие-мигранты

беженскому праву и гуманитарному праву, а также соответствующим обязательствам, при- нятым в рамках ОБСЕ;

Любляна, 2005 г. (Решение № 2/05 Миграция)

Совет министров,

вновь подтверждая обязательства, касающиеся миграции, и в частности рабочих-мигран- тов, а также другие обязательства в этой области (…)

отмечая растущее значение миграции, а также сопряженные с нею как вызовы, так и бла- гоприятные возможности для государств-участников,

отмечая далее, что явление миграции становится по своему характеру более разноплано- вым и сложным и в силу этого требует всестороннего рассмотрения и, соответственно, межизмеренческого подхода на национальном, региональном и международном уровнях,

отмечая, что всем государствам следует принять на национальном уровне эффективные нормы по регулированию миграции,

подчеркивая, что миграция – это, по существу, транснациональная проблема, требующая сотрудничества между государствами,

признавая, что миграция является важным социально-экономическим и гуманитарным фактором не только для стран происхождения, но и для принимающих стран,

признавая также, что успешная политика интеграции, предполагающая, в частности, ува- жение культурного и религиозного многообразия и поощрение и защиту прав человека и основных свобод, является фактором укрепления стабильности и общественного согла- сия в наших странах, (…)

приветствуя существующее сотрудничество между ОБСЕ, и в частности Бюро по демо- кратическим институтам и правам человека (БДИПЧ) и Бюро Координатора деятельности ОБСЕ в области экономики и окружающей среды (БКДЭОС), и соответствующими меж- дународными организациями и институтами,

считая, что ОБСЕ в рамках ее всеобъемлющего подхода к безопасности могла бы вносить свой вклад, в частности, путем: • плотного взаимодействия и налаживания более тесных партнерских связей с междуна- родными организациями, предметно занимающимися проблемой миграции, • облегчения диалога и сотрудничества между государствами-участниками, включая страны происхождения, транзита и назначения в регионе ОБСЕ, а также партнерами ОБСЕ по сотрудничеству и ее средиземноморскими партнерами по сотрудничеству, • оказания государствам-участникам по их просьбе помощи в разработке эффективной политики в области миграции и в выполнении их соответствующих обязательств, при- нятых в ОБСЕ, • побуждения государств-участников к рассмотрению вопроса о присоединении к соот- ветствующим международным документам,

246 4.5 Рабочие-мигранты

Афины, 2009 г. (Решение № 5/09 Управление миграционными процессами)

Совет министров, (…)

признавая растущее значение и выгоды эффективного управления миграционными про- цессами для социально-экономического развития, общественного согласия, безопасности и стабильности во всех странах, в том числе в странах происхождения, транзита и назначе- ния, и в полной мере признавая права человека за мигрантами и членами их семей,

подчеркивая важность интеграции миграционной политики в стратегии по решению эко- номических и социальных задач, природоохране, развитию и безопасности и управления миграционными процессами с использованием основанных на сотрудничестве, всеобъем- лющих и межизмеренческих подходов,

подчеркивая необходимость облегчения законной миграции и борьбы с незаконной мигра- цией,

учитывая многообразие подходов государств – участников ОБСЕ к проблемам миграции и обращаясь к их опыту и примерам наилучшей практики,

подчеркивая необходимость углубления диалога и сотрудничества на всех уровнях внутри государств и между всеми государствами, а также со всеми соответствующими заинтере- сованными сторонами, в том числе социальными партнерами, представителями делового мира, гражданского общества и академических кругов, в целях эффективного использо- вания благоприятных возможностей и нахождения ответов на вызовы, связанные с ком- плексным управлением миграционными процессами,

подтверждая, что сотрудничество, диалог и обмен положительной практикой и информа- цией по вопросам управления миграцией по-прежнему являются важным компонентом принятого в ОБСЕ всеобъемлющего подхода к безопасности, который пользуется долж- ной поддержкой в рамках соответствующих мандатов, возможностей и ресурсов во всех трех измерениях,

1. Рекомендует государствам-участникам продолжать деятельность в сфере управления 4 миграционными процессами и для этого: • уделять особое внимание устранению первопричин миграции; • обеспечивать, чтобы их национальная практика в области миграции соответствовала их международно-правовым обязательствам и обязательствам в рамках ОБСЕ; • продолжать, по мере необходимости, разработку и активизировать осуществление все- объемлющей и эффективной национальной миграционной политики и планов действий; • совершенствовать сбор сопоставимых данных о миграции с целью содействия диалогу и обмену лучшей практикой на уровне ОБСЕ; • укреплять сотрудничество и партнерство между странами происхождения и назначе- ния путем содействия реализации эффективных систем законной миграции, таких, как маятниковая миграция и другие формы добровольных программ содействия мобильно- сти трудовых ресурсов на благо развития стран происхождения и назначения;

247 4.6 Лица с ограниченными возможностями

• уважать права человека применительно к мигрантам и прилагать более решительные уси- лия для борьбы с дискриминацией, нетерпимостью и ксенофобией в отношении мигран- тов и членов их семей;

2. Рекомендует государствам-участникам включать гендерные аспекты в свою миграцион- ную политику с учетом рекомендаций, содержащихся в подготовленном ОБСЕ Руководстве по учитывающим гендерный фактор стратегиям в области трудовой миграции;

3. Призывает государства-участники совершенствовать управление миграционными пото- ками путем повышения программной согласованности стратегий в области миграции и эко- номического и социального развития, природоохраны и безопасности с использованием, при необходимости, консультаций, партнерства и сотрудничества между правительствами на двустороннем, региональном и межрегиональном уровнях;

4. Рекомендует государствам-участникам принимать необходимые меры для сведения к минимуму отрицательных последствий глобального финансово-экономического кризиса для мигрантов путем активизации экономического сотрудничества, создания привлека- тельных условий для инвестиций и развития бизнеса и облегчения денежных переводов;

5. Поручает Постоянному совету, его неофициальным вспомогательным органам и испол- нительным структурам ОБСЕ в соответствии с их надлежащими мандатами по всем изме- рениям, в рамках принятого в Организации всеобъемлющего подхода к безопасности и в пределах существующих ресурсов, среди прочего: • обеспечить широкую региональную платформу для поддержания диалога по вопросам миграции и безопасности как между государствами-участниками ОБСЕ, так и между госу- дарствами-участниками и партнерами по сотрудничеству с привлечением других надле- жащих заинтересованных сторон в полном соответствии с Правилами процедуры ОБСЕ; • продолжать работать над гендерными аспектами миграции; • помогать государствам-участникам, по их запросу, совершенствовать миграционное зако- нодательство и разрабатывать и эффективно осуществлять национальные программы путем оказания консультационного содействия и подготовки кадров в сотрудничестве с соответствующими международными и региональными организациями; • вносить вклад в международные усилия по оценке возможного влияния ухудшения состояния окружающей среды на интенсивность миграционных потоков, которые может усилить изменение климата, для обеспечения лучшей подготовленности в этой сфере; • продолжать оказывать государствам-участникам, по их запросу, содействие во внедре- нии эффективных методов управления миграционными процессами, в том числе путем обмена примерами лучшей практики, в облегчении законной миграции и в борьбе с неза- конной миграцией, уделяя при этом повышенное внимание двустороннему и многосто- роннему сотрудничеству в этой сфере.

4.6 Лица с ограниченными возможностями

Москва, 1991 г.

(41) Государства-участники принимают решение

248 4.6 Лица с ограниченными возможностями

(41.1) обеспечивать защиту прав человека лиц, имеющих инвалидность; (41.2) принимать меры по обеспечению таким лицам равных возможностей в полном объ- еме участвовать в жизни общества; (41.3) содействовать соответствующему участию таких лиц в принятии решений в обла- стях, имеющих к ним отношение; (41.4) развивать услуги и содействовать подготовке социальных работников по професси- ональной и социальной реабилитации лиц, имеющих инвалидность; (41.5) создавать благоприятные условия, обеспечивающие лицам, имеющим инвалидность, доступ к общественным зданиям и видам обслуживания, жилым постройкам, транспорту, культурной жизни и отдыху.

Милан, 2018 г. (Решение № 5/18 Развитие человеческого капитала в цифровую эпоху) (…)

сознавая необходимость, в контексте цифровизации экономики, повышения адаптацион- ной способности трудовых ресурсов и пересмотра политических установок в отношении рынка труда в интересах: создания новых рабочих мест при полном уважении человече- ского достоинства и прав человека; содействия устойчивому и инклюзивному экономиче- 4 скому росту; а также создания для женщин и мужчин равных возможностей на рынке труда, (…)

249 4.7 Дети

4.7 Дети

Смотри также: II. 3.1.11: Свобода передвижения, контактов между людьми и право на воссоединение семьи II. 3.2.4: Право на образование II. 4.2: Рома и синти II. 4.4: Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства II. 4.5: Рабочие-мигранты II. 6.2: Предотвращение торговли людьми

Копенгаген, 1990 г.

(13) Государства-участники принимают решение уделять особое внимание признанию прав ребенка, его гражданских прав и личных свобод, его экономических, социальных и куль- турных прав и его права на особую защиту от всех видов насилия и эксплуатации. Они рассмотрят вопрос о присоединении, если они еще не сделали этого, к Конвенции о правах ребенка, которая была открыта для подписания государствами 26 января 1990 года. Они признают в своем внутреннем законодательстве права ребенка, зафиксированные в меж- дународных соглашениях, сторонами которых они являются.

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

28. В год десятилетия с момента принятия Конвенции о правах ребенка и претворения в жизнь обязательств по ОБСЕ, зафиксированных в Документе Копенгагенского совещания, мы обязуемся активно отстаивать права и интересы детей, особенно в условиях конфликтов и постконфликтных условиях. В работе ОБСЕ мы будем регулярно уделять внимание вопросу о правах детей (…) Мы будем уделять особое внимание вопросам физического и психоло- гического благополучия детей, вовлеченных в вооруженный конфликт или затронутых им.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

24. Мы будем принимать меры по (…) прекращению насилия в отношении (…) детей, а также сексуальной эксплуатации и всех форм торговли людьми. Для предотвращения подобных преступлений мы будем, среди прочего, содействовать принятию или укреплению зако- нодательства для привлечения виновных в таких действиях к ответственности и усиления защиты потерпевших. Мы будем также совершенствовать и осуществлять меры по обеспе- чению прав и интересов детей в вооруженных конфликтах и постконфликтных ситуациях, включая детей-беженцев и детей, перемещенных внутри государства. Мы будем изучать пути недопущения принудительного или обязательного рекрутирования для использова- ния в вооруженных конфликтах лиц младше 18-летнего возраста.

Брюссель, 2006 г. (Решение № 15/06 Борьба с сексуальной эксплуатацией детей)

Совет министров,

признавая, что сексуальная эксплуатация детей является серьезной и крупномасштабной проблемой во всем регионе ОБСЕ и за его пределами, для которой характерны множествен- ные, взаимосвязанные проявления всех форм сексуальной эксплуатации детей, включая

250 4.7 Дети

проституцию, детскую порнографию, торговлю детьми в целях их сексуальной эксплуата- ции, секс-туризм и принуждение детей к браку,

признавая, что сексуальная эксплуатация детей унижает человеческое достоинство и под- рывает основы для осуществления прав человека и основных свобод,

считая, что сексуальная эксплуатация детей представляет собой тяжкое и гнусное престу- пление, совершаемое во многих случаях с участием организованной преступности, и что подобные преступления должны предотвращаться, расследоваться, преследоваться и нака- зываться по закону с помощью всех имеющихся средств,

подчеркивая необходимость решения широкого круга проблем, в силу которых дети стано- вятся жертвами сексуальной эксплуатации, включая экономическое неравенство, отсутствие доступа к образованию и дискриминацию, в том числе по признаку пола, а также необхо- димость противодействовать спросу на детскую порнографию и секс-туризм и предупреж- дать действия правонарушителей,

считая, что сексуальная эксплуатация детей приобретает все более широкие масштабы и распространяется с помощью новых технологий, таких как Интернет, (…)

1. Осуждает сексуальную эксплуатацию детей во всех ее формах, в частности: (a) с помощью детской проституции и детской порнографии, в том числе путем предложе- ния, получения, обеспечения, предоставления или вербовки ребенка для подобных целей, или получения выгоды от эксплуатации ребенка в подобных целях; (b) когда используются принуждение, сила, мошенничество или угрозы, злоупотребление доверием, власть или влияние на ребенка или когда предлагаются или даются деньги или применяются иные формы вознаграждения/оплаты в обмен на сексуальные действия, в том числе в периоды вооруженных конфликтов или в постконфликтных ситуациях; (c) производство, распространение, рассылка или передача, предложение или иные способы предоставления всех форм детской порнографии (через компьютерные системы, Интернет или с помощью других средств); (d) намеренное приобретение и хранение детской порнографии; 4 (e) торговля детьми для целей сексуальной эксплуатации;

2. Призывает государства-участники привести свое законодательство по этому вопросу в соответствие с действующими международными обязательствами и нормами;

3. Настоятельно призывает государства-участники принять всесторонний подход к про- блеме сексуальной эксплуатации детей, обращаясь к первопричинам и способствующим факторам, в том числе к проблеме спроса, которая порождает все формы сексуальной экс- плуатации детей, и разработать всеобъемлющие и наступательные стратегии и меры, направ- ленные на предупреждение сексуальной эксплуатации детей и борьбу с ней;

4. Настоятельно и со всей решимостью призывает государства-участники принять все правовые меры, необходимые для осуществления уголовного преследования за сексуаль- ную эксплуатацию детей, с применением таких санкций, которые являются эффектив- ными и соразмерными и которые оказывают сдерживающее воздействие. В этой связи побуждает государства-участники рассмотреть такие правовые меры, которые позволят

251 4.7 Дети

им осуществлять уголовное преследование граждан за совершение серьезных сексуаль- ных преступлений в отношении детей даже в том случае, если эти преступления соверша- ются в другой стране;

5. Призывает государства-участники укреплять возможности правоохранительных орга- нов в целях активного проведения ими расследований и уголовного преследования пра- вонарушителей;

6. Призывает государства-участники содействовать разработке программ по правовой защите, вспомоществованию, оказанию соответствующей медицинской помощи, реаби- литации и реинтеграции для детей – жертв сексуальной эксплуатации и, если это уместно, обеспечивать безопасное возвращение жертв торговли детьми;

7. Призывает государства-участники повысить степень пропагандистско-просветительской работы на всех уровнях общества для освещения проблемы сексуальной эксплуатации детей;

8. Рекомендует государствам-участникам разработать сопоставимые системы регистрации и обмена данными, непосредственно относящимися к сексуальной эксплуатации детей, уделяя при этом должное внимание конфиденциальности личных данных, и содейство- вать созданию всеобъемлющих механизмов сбора данных и проведения исследований по проблеме сексуальной эксплуатации детей;

9. Поддерживает меры, принимаемые государствами-участниками во взаимодействии с неправительственными организациями (НПО) и надлежащими представителями соот- ветствующих секторов экономики, такими как индустрия туризма и отдыха или средства массовой информации, с целью ликвидации спроса на сексуальную эксплуатацию детей;

10. Настоятельно призывает наращивать сотрудничество среди государств-участников в деле отслеживания, проведения расследований, уголовного преследования и вынесения наказаний лицам, виновным в сексуальной эксплуатации детей;

11. Рекомендует государствам-участникам разработать учебные программы по проблеме сексуальной эксплуатации детей для персонала, работающего, в частности, в системе пра- восудия, в полиции, в индустрии туризма, на транспорте, в социальной сфере, в системе здравоохранения, а также для представителей гражданского общества, религиозных орга- низаций и системы образования;

12. Выступает за то, чтобы соответствующие органы в государствах-участниках, руковод- ствуясь национальным законодательством, касающимся защиты личных данных, работали во взаимодействии с провайдерами Интернет-услуг, компаниями, обслуживающими кре- дитные карты, банками и другими юридическими лицами, а также с соответствующими НПО, с целью обеспечения отслеживания и сообщения информации, связанной с сексу- альной эксплуатацией детей;

13. Рекомендует создавать телефоны или Интернет-адреса «доверия», по возможности во взаимодействии с НПО, по которым граждане могут сообщать о случаях сексуальной экс- плуатации детей в условиях конфиденциальности, с тем чтобы правоохранительные органы могли проводить расследования по таким сообщениям и чтобы потерпевшие и их семьи могли получать соответствующую поддержку; (…)

252 4.7 Дети

15. Поручает исполнительным структурам ОБСЕ, в рамках их существующих мандатов, изучить пути обеспечения соответствующей подготовки и повышения осведомленности по проблеме сексуальной эксплуатации детей для должностных лиц ОБСЕ, руководству- ясь Кодексом поведения для сотрудников ОБСЕ и должностной инструкцией № 11, посвя- щенными проблеме торговли людьми;

16. Призывает соответствующие исполнительные структуры ОБСЕ, в рамках их существу- ющих мандатов, уделять внимание проблеме сексуальной эксплуатации детей, в том числе ее связи с торговлей людьми, и подчеркивает необходимость для них и государств-участ- ников сотрудничать с другими международными организациями, НПО и гражданским обществом для борьбы с сексуальной эксплуатацией детей.

Мадрид, 2007 г. (Решение № 8/07 Борьба с торговлей людьми в целях трудовой эксплуатации)

Совет министров, (…)

призывает государства-участники: (…)

20. Активизировать усилия по предотвращению детского труда путем рассмотрения вопроса о подписании и ратификации Конвенции МОТ о наихудших формах детского труда 1999 года, если они еще не сделали этого, а если они уже являются ее сторонами, – путем осу- ществления ее положений; (…)

Мадрид, 2007 г. (Решение № 9/07 Борьба с сексуальной эксплуатацией детей в Интернете)

Совет министров,

будучи обеспокоен тем, что развитие Интернета вызвало во всем мире огромное расшире- 4 ние масштабов просмотра и распространения детской порнографии и извлечения из нее прибыли, в том числе криминальными структурами, (…)

будучи преисполнен решимости бороться с этим растущим явлением, в том числе путем активизации деятельности ОБСЕ на этом направлении, постановляет:

1. Рекомендовать государствам-участникам, которые еще не сделали этого, создать нацио- нальный оперативный центр или иную надлежащую структуру для улучшения координации и как можно более широкого задействования государственно-частного партнерства в целях более эффективного решения вопросов, связанных с сексуальной эксплуатацией детей;

2. Обратиться с призывом к государствам-участникам, которые еще не сделали этого, в соот- ветствии с национальными положениями о защите персональных данных наладить сбор и хранение информации относительно лиц, признанных виновными в сексуальной эксплу- атации детей или насилии над ними, с тем чтобы содействовать их задержанию и контролю

253 4.7 Дети

над прохождением ими испытательного срока, и создать при необходимости механизмы, которые позволяют вести обмен информацией на международном уровне между правоох- ранительными органами в отношении осуждения и поражения в правах лиц, виновных в сексуальных преступлениях;

3. Рекомендовать государствам-участникам, которые еще не сделали этого, создать систему, которая позволяет правоприменительным структурам использовать каналы публичного вещания и, когда это необходимо, оперативно оповещать население о пропаже детей;

4. Обратиться с настоятельным призывом к государствам-участникам, которые еще не сде- лали этого, рассмотреть возможность объявления уголовно-наказуемыми деяниями пред- намеренное приобретение и хранение детской порнографии с учетом того, что просмотр и хранение детской порнографии стимулирует рост этого преступного бизнеса;

5. Побудить государства-участники, которые еще не сделали этого, к созданию специаль- ных национальных «горячих линий» для сообщения о случаях насилия над детьми, вклю- чая сексуальную эксплуатацию детей в Интернете;

6. Призвать государства-участники оказывать поддержку, когда это необходимо, более активному сбору данных и исследованию явления сексуальной эксплуатации детей и дет- ской порнографии в Интернете, с тем чтобы лучше понять масштабы и тенденции этой про- блемы и тем самым повысить эффективность программ по борьбе с ней;

7. Побудить государства-участники в соответствии с национальным законодательством о защите персональных данных сотрудничать не только на национальной, но и на меж- дународной основе с поставщиками услуг в Интернете, компаниями-эмитентами кредит- ных карт, банками и другими соответствующими корпорациями в целях предотвращения использования Интернета для сексуальной эксплуатации детей и усложнения систем пла- тежей, с тем чтобы сделать эту преступную деятельность менее прибыльной и тем самым снизить спрос на детскую порнографию в Интернете;

8. Вновь призвать государства-участники содействовать правовой защите, помощи, над- лежащему медицинскому уходу, реабилитации и реинтеграции детей, ставших жертвами сексуальной эксплуатации, и там, где это необходимо, обеспечить безопасное возвращение домой детей, ставших объектом международной торговли;

9. Настоятельно призвать государства – участники ОБСЕ и далее повышать уровень специ- альной подготовки сотрудников правоприменительных структур, педагогов и медицинских работников, где это необходимо, в вопросах борьбы с детской порнографией в Интернете, в том числе используя возможности существующих программ, таких, как программы Меж- дународного центра по проблеме исчезновения и эксплуатации детей, и поручить соответ- ствующим исполнительным структурам ОБСЕ содействовать контактам в этом отношении;

10. Поручить соответствующим исполнительным структурам ОБСЕ оказывать содействие государствам – участникам ОБСЕ по их просьбе в деле осуществления этого Решения и Решения № 15/06 Совета министров в рамках имеющихся ресурсов и без ущерба для уже проводимых мероприятий;

11. Поручить Секретариату ОБСЕ в рамках имеющихся ресурсов создать на вебсайте POLIS своей Группы по стратегическим вопросам полицейской деятельности многоязычный раз- дел, посвященный борьбе с сексуальной эксплуатацией детей в Интернете, в связи с чем

254 4.7 Дети

секция по системе POLIS должна наладить форум экспертов, призванный содействовать доступу правоохранительных структур государств- участников к лучшей практике и имею- щимся методикам или компьютерным программам для ведения следствия, а также к источ- никам оказания содействия в разработке законодательства или к типовому законодательству, и обеспечить доступ общественности к информации, повышающей ее осведомленность, и к ссылкам на соответствующие вебсайты; (…)

Хельсинки, 2008 г. (Решение № 5/08 Повышение эффективности борьбы с торговлей людьми в рамках уголовного правосудия на базе комплексного подхода)

Совет министров, (…)

7. Призывает государства-участники, которые еще не сделали этого, к принятию специаль- ных мер по защите и оказанию содействия детям-жертвам торговли людьми в рамках уго- ловного процесса в соответствии с принципами действия в наилучших интересах ребенка, недискриминации, участия и возможности ребенка дать свои показания; (…)

Базель, 2014 г. (Декларация о молодежи)

Мы (…) напоминаем о принятых в ОБСЕ обязательствах, касающихся молодежи и детей, которые закреплены в хельсинском Заключительном акте и других соответствующих реше- ниях ОБСЕ, и отмечаем усилия на этом направлении, прилагаемые другими м международ- ными организациями, и в частности Организацией Объединенных Наций.

Мы признаем, что молодежь и дети нуждаются в особом внимании и что заниматься их нуждами, озабоченностями и интересами следует на основе всестороннего подхода.

Мы признаем, что молодежь обладает потенциалом вносить вклад в экономическое, поли- тическое и социальное развитие и может оказывать государствам-участникам поддержку в выполнении обязательств во всех трех измерениях ОБСЕ. 4 (…)

выражая особую озабоченность тем, что молодежь, включая детей, подвергается радика- лизации, ведущей к терроризму, и вербуется в качестве иностранных боевиков- террори- стов, и признавая важность работы с молодежью с целью предупреждения радикализации молодежи, ведущей к терроризму, и противодействия ей, (…)

призываем государства-участники: (…)

255 4.7 Дети

14. Привлекать молодежь и расширять ее права и возможности в предупреждении насиль- ственного экстремизма и радикализации, ведущих к терроризму, и противодействии им, в частности, путем: (а) создания для молодежи благоприятных условий и возможностей для добровольного и свободного участия в общественной жизни и в деятельности по поощрению прав чело- века, основных свобод, демократических принципов, верховенства права, терпимости, недискриминации, диалога, взаимного уважения и взаимопонимания и для облегчения их доступа к социальным услугам; (b) поддержки молодежи, которая готова вносить свой вклад в эту деятельность, с исполь- зованием учебно-просветительских программ в школах и высших учебных заведениях; (c) поддержки молодежных и ориентированных на молодежь информационно- просве- тительских инициатив по предупреждению и противодействию ее радикализации, веду- щей к терроризму, и поощрению уважения прав человека, основных свобод, терпимости и недискриминации, в том числе с использованием Интернета и социальных СМИ; (d) содействия развитию программ по облегчению доступа молодежи к занятости;

Белград, 2015 г. (Декларация о молодежи и безопасности)

Мы (…) напоминаем о принятых в рамках ОБСЕ обязательствах, касающихся молодежи, которые основаны на соответствующих положениях хельсинкского Заключительного акта.

Мы принимаем к сведению предпринятые нынешним и предыдущими председательствами ОБСЕ усилия и подчеркиваем важность содействия выполнению принятых в рамках ОБСЕ обязательств, касающихся молодежи, особенно в сфере образования, и повышения той роли, которую способна сыграть молодежь в деле оказания государствам-участникам поддержки в выполнении принятых в рамках ОБСЕ обязательств во всех трех измерениях ОБСЕ.

Мы сознаем, что молодежь и дети нуждаются в особом внимании и что следует всесторонне учитывать их нужды, озабоченности и интересы.

Милан, 2018 г. (Решение № 5/18 Развитие человеческого капитала в цифровую эпоху) (…)

256 4.7 Дети

Милан, 2018 г. (Декларация о роли молодежи в содействии усилиям по обеспечению мира и безопасности)

1. Мы, министры иностранных дел государств – участников Организации по безопасно- сти и сотрудничеству в Европе, признаем, что молодежь является важной частью общества, а также ту роль, которую она может играть в поддержке государств-участников в выпол- нении обязательств во всех трех измерениях.

2. Мы напоминаем о принятых в рамках ОБСЕ обязательствах в отношении молодежи, вытекающих из соответствующих положений хельсинкского Заключительного акта, Декла- рации базельской встречи Совета министров 2014 года о молодежи и Декларации белград- ской встречи Совета министров 2015 года о молодежи и безопасности.

3. Мы принимаем к сведению резолюции (…) Совета Безопасности Организации Объеди- ненных Наций о роли молодежи в поддержании международного мира и безопасности.

4. Мы принимаем к сведению предпринятые нынешним и предыдущим председательствами ОБСЕ усилия и проделанную государствами-участниками работу по развитию деятельности, касающейся молодежи, мира и безопасности, – такой, как проведение конференции ОБСЕ на тему «Работа с молодежью и в интересах молодежи: укрепление безопасности и сотруд- 4 ничества в онлайновом режиме», состоявшейся в Малаге, Испания, 25–26 мая 2017 года.

5. Мы признаем роль, которую молодежь может играть в содействии формированию куль- туры мира, диалогу, правосудию и мирному сосуществованию, доверию и примирению.

6. Мы предлагаем партнерам по сотрудничеству добровольно присоединиться к нам в под- тверждении этой декларации.

Тирана, 2020 г. (Решение 6/20 Предупреждение коррупции и борьба с ней путем цифровизации и повышения транспарентности) (…)

257 4.8 Военнослужащие

1. Призывает государства-участники предупреждать коррупцию и бороться с ней путем: (…) (i) поддержки просвещения молодежи – в соответствии с национальными системами обра- зования – на предмет важности надлежащего управления, включая принцип прозрачности, и предупреждения коррупции и борьбы с ней, а также путем развития навыков использо- вания цифровых технологий и усиления информационно-просветительских мер, включая поощрение совместных действий и сотрудничества между государственным и частным сек- торами и гражданским обществом;

4.8 Военнослужащие

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

27. Каждое государство-участник будет обеспечивать, чтобы набор или призыв личного состава на службу в его военных и военизированных силах и силах безопасности осущест- влялся в соответствии с его правовыми и иными обязательствами в отношении прав чело- века и основных свобод.

32. Каждое государство-участник будет обеспечивать, чтобы личный состав военных и вое- низированных сил и сил безопасности мог пользоваться правами человека и основными свободами и осуществлять их, как они отражены в документах СБСЕ и международном праве, согласно соответствующим конституционным и правовым положениям и требо- ваниям службы.

33. Каждое государство-участник будет обеспечивать принятие соответствующих админи- стративно правовых процедур для защиты прав личного состава всех его сил.

258 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

Смотри также: II. 2.4: Верховенство закона II. 3.1.4: Право не подвергаться произвольному аресту или лишению свободы

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Государства-участники будут: (…)

(23.2) обеспечивать, чтобы со всеми лицами, содержащимися под стражей или в заключе- нии, обращались гуманно и с уважением достоинства, присущего человеческой личности;

(23.3) соблюдать принятые ООН минимальные стандартные правила обращения с заклю- ченными, а также принятый ООН Кодекс поведения должностных лиц по поддержанию правопорядка;

Копенгаген, 1990 г.

(15) Государства-участники будут действовать таким образом, чтобы облегчать передачу осужденных лиц и побуждать те государства-участники, которые не являются сторонами Конвенции о передаче осужденных лиц, подписанной в Страсбурге 21 ноября 1983 года, рассмотреть вопрос о присоединении к этой Конвенции.

Москва, 1991 г.

(23) Государства-участники будут обращаться со всеми лишенными свободы лицами гуманно и с уважением достоинства, присущего человеческой личности, и будут соблю- дать международно признанные стандарты, относящиеся к отправлению правосудия и пра- вам человека задержанных лиц. 4 (…) (vi) любое арестованное или задержанное лицо имело право без неоправданных задер- жек уведомить или просить компетентный орган уведомить соответствующих лиц по его выбору о его аресте, задержании, тюремном заключении и месте нахождения; любые ограничения в осуществлении этого права будут устанавливаться законом и соответ- ствовать международным стандартам; (vii) были приняты, если этого еще не сделано, эффективные меры по обеспечению того, чтобы содержание под стражей или заключение не использовалось правоохранитель- ными органами в целях принуждения лица к признанию, самооговору или даче показа- ний против другого лица; (viii) продолжительность любого допроса и перерывов между допросами заносилась в протокол и удостоверялась в соответствии с национальным правом; (ix) задержанное лицо или его адвокат имели право заявить ходатайство или жалобу по поводу обращения с ним, в частности в случае пыток или другого жестокого, бесчеловеч- ного или унижающего достоинство обращения, в органы, ответственные за управление

259 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

местом содержания под стражей, и в вышестоящие инстанции, а в случае необходимо- сти – соответствующему органу, обладающему надзорными или иными полномочиями по исправлению положения; (х) такое ходатайство или жалоба оперативно рассматривались и без необоснованной задержки на них давался ответ; в случае отклонения ходатайства или жалобы или в слу- чае неправомерной задержки заявитель будет иметь право обратиться с ней в судебный или другой орган; ни задержанное или находящееся в заключении лицо, ни любой дру- гой заявитель не должны пострадать в связи с обращением с ходатайством или жалобой; (…)

(23.2) Государства-участники будут (i) стремиться принимать необходимые меры для улучшения условий, в которых нахо- дятся лица, содержащиеся под стражей или в заключении; (ii) обращать особое внимание на проблему альтернатив тюремному заключению.

Брюссель, 2006 г. (Брюссельская декларация о системах уголовного правосудия)

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам (…) продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частно- сти, в следующих областях: • (…) право на правовую помощь и соблюдение прав человека лиц, взятых под стражу; (…)

260 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

отмечая тот факт, что радикализация, ведущая к терроризму, и вербовка террористами могут происходить в тюрьмах, и поэтому подтверждая важность, соответственно, разра- ботки международных руководящих принципов в отношении реинтеграции, реабилита- ции и предупреждения радикализации, ведущей к терроризму, в тюрьмах и обмена ими, (…)

Тирана, 2020 г. (Решение № 7/20 Недопущение и искоренение пыток и других жестоких, бесчеловечных или унижающих достоинство видов обращения и наказания) (…)

7. Уважать гарантии, касающиеся свободы, безопасности и достоинства человека, и обе- спечивать отмену длительного содержания под стражей без связи с внешним миром или отказ от тайных мест содержания под стражей и проведения допросов при том понима- нии, что такое содержание может способствовать совершению пыток и других жестоких,

261 4.9 Лица, содержащиеся под стражей или отбывающие тюремное заключение

бесчеловечных или унижающих достоинство видов обращения и наказания и может само по себе составлять форму такого обращения; (…)

262 5. Обязательства, относящиеся к вопросам равенства, толерантности и недискриминации 5.1 Положения о равенстве и недискриминации

5.1 Положения о равенстве и недискриминации

Государства-участники будут уважать права человека и основные свободы (…) для всех, без различия расы, пола, языка и религии.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(13.7) обеспечивать в пределах своей территории каждому, подлежащему их юрисдикции, права человека и основные свободы без какого бы то ни было различия, как то в отноше- нии расы, цвета кожи, пола, языка, религии, политических или иных убеждений, нацио- нального или социального происхождения, имущественного положения, рождения или иного обстоятельства;

(13.8) обеспечивать, чтобы ни лицо, осуществляющее, выражающее намерение осуществить или стремящееся осуществить эти права и свободы, ни кто-либо из членов его семьи не были вследствие этого подвергнуты дискриминации в какой-либо форме;

Копенгаген, 1990 г.

(25.3) меры, представляющие собой отступление от обязательств, будут строго ограничи- ваться рамками, которых требует острота положения; (25.4) такие меры не повлекут за собой дискриминации исключительно на основе расовой принадлежности, цвета кожи, пола, языка, религии, социального происхождения или при- надлежности к меньшинству. (…)

264 5.2 Равноправие мужчин и женщин

5.2 Равноправие мужчин и женщин

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

[Государства-участники] подчеркивают важность обеспечения равноправия мужчин и жен- щин; соответственно, они соглашаются принимать все необходимые меры для поощрения одинаково эффективного участия мужчин и женщин в политической, экономической, соци- альной и культурной жизни.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(15) Государства-участники подтверждают свою решимость обеспечивать мужчинам и жен- щинам равные права. Соответственно они будут принимать все необходимые меры, вклю- чая законодательные, в целях поощрения равно эффективного участия мужчин и женщин в политической, экономической, социальной и культурной жизни. Они рассмотрят возмож- ность присоединения к Конвенции о ликвидации всех форм дискриминации в отношении женщин, если они этого еще не сделали.

Москва, 1991 г.

(40) Государства-участники признают, что полное и подлинное равенство между мужчи- нами и женщинами является существенно важным элементом справедливого и демокра- тического общества, основанного на верховенстве закона. Они признают, что целостное развитие общества и повышение благополучия всех его членов требуют равных возмож- ностей для полного и равного участия мужчин и женщин. В этом контексте они будут: (40.1) обеспечивать, чтобы все обязательства в рамках СБСЕ, относящиеся к защите и поощ- рению прав человека и основных свобод, применялись в полном объеме и без какой-либо дискриминации по признаку пола; (40.2) полностью соблюдать Конвенцию о ликвидации всех форм дискриминации в отно- шении женщин, если они являются ее участниками, а если они еще не стали таковыми, они рассмотрят вопрос о ратификации этой Конвенции или о присоединении к ней; государ- ства, которые ратифицировали эту Конвенцию или присоединились к ней с оговорками, рассмотрят вопрос об их снятии; (40.3) эффективно осуществлять обязательства по международным договорам, сторонами которых они являются, и принимать надлежащие меры по осуществлению Найробийских перспективных стратегий Организации Объединенных Наций в области улучшения поло- жения женщин; (40.4) подтвердят, что их целью является достижение не только юридического, но и фак- тического равенства возможностей для мужчин и женщин, а также содействие принятию 5 эффективных мер в этом направлении; (40.5) создадут или укрепят соответствующий национальный механизм по улучшению поло- жения женщин, с тем, чтобы обеспечить проведение оценки влияния программ и поли- тики на их положение; (40.6) эффективно поощрять меры по обеспечению всех экономических возможностей для женщин, включая отсутствие дискриминации в политике и практике найма, равный доступ к образованию и профессиональной подготовке и меры, облегчающие трудящимся женщинам и мужчинам совмещение работы и семейных обязанностей; и будут стремиться

265 5.2 Равноправие мужчин и женщин

обеспечить, чтобы любая политика или программы, предусматривающие структурную перестройку, не имели для женщин дискриминационных последствий; (40.7) стремиться покончить со всеми формами насилия в отношении женщин и со всеми формами торговли женщинами и эксплуатации женской проституции, в том числе путем принятия соответствующих юридических запретов в отношении подобных действий и дру- гих соответствующих мер; (40.8) способствовать и содействовать равенству и самому широкому участию женщин во всех аспектах политической и общественной жизни и процессах принятия решений, а также в международном сотрудничестве в целом; (40.9) признавать жизненно важную роль, которую женщины и женские организации играют в национальных и международных усилиях, направленных на развитие и расширение прав женщин, путем предоставления, в частности, прямых услуг, а также поддержки и содей- ствия полноценному партнерству между правительствами и указанными организациями с целью обеспечения большего равенства женщин; (40.10) признавать ценный вклад женщин во все аспекты политической, культурной, обще- ственной и экономической жизни и содействовать более широкому признанию этого вклада, в том числе в неформальном и неоплачиваемом секторах; (40.11) принимать меры с целью содействовать обеспечению свободного доступа к инфор- мации в отношении женщин и их прав согласно международному и внутригосударствен- ному праву; (40.12) разрабатывать совместимую с их конституционными системами политику в обла- сти образования, содействовать участию женщин во всех сферах обучения и трудовой дея- тельности, включая нетрадиционные области, и способствовать и содействовать большему пониманию вопросов, имеющих отношение к равенству мужчин и женщин; (40.13) обеспечивать сбор и анализ данных, с тем, чтобы надлежащим образом оценить, взять под контроль и улучшить положение женщин; эти данные не должны содержать никакой информации личного характера.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

23. Полное и равное осуществление женщинами своих прав человека имеет важнейшее зна- чение для укрепления мира, процветания и демократии в регионе ОБСЕ. Мы обязуемся сде- лать обеспечение равенства между мужчинами и женщинами неотъемлемой частью своей политики как на уровне наших государств, так и в рамках Организации. (…)

24. Мы будем принимать меры по ликвидации всех форм дискриминации женщин и пре- кращению насилия в отношении женщин и детей, а также сексуальной эксплуатации и всех форм торговли людьми (…)

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров (…)

2. Постановляет наращивать усилия, предпринимаемые для расширения участия и повыше- ния роли женщин в содействии демократизации и экономическому развитию и рассматривать

266 5.2 Равноправие мужчин и женщин

там, где это применимо, вопрос об учете в государственной политике положений Плана действий ОБСЕ по гендерным вопросам. Постановляет также наращивать свои усилия по достижению в ОБСЕ гендерного баланса на всех уровнях, полностью принимая в связи с этим во внимание также принцип найма на работу сотрудников из всех государств-у- частников на справедливой основе (…)

София, 2004 г. (Решение № 14/04 План действий ОБСЕ 2004 года по поддержке гендерного равенства)

Совет министров, (…)

признавая, что равноправие женщин и мужчин и защита их прав человека являются важ- нейшим условием обеспечения мира, устойчивой демократии, экономического развития, а следовательно – безопасности и стабильности в регионе ОБСЕ, (…)

сознавая необходимость надлежащим образом учитывать гендерную проблематику в меро- приятиях, проводимых под эгидой ОБСЕ, а также то, что государствам-участникам над- лежит принять все необходимые меры, способствующие повышению осведомленности о гендерной проблематике и обеспечению равноправия и полноправного участия женщин и мужчин в жизни общества, в интересах более широкого практического обеспечения ген- дерного равенства и учета гендерной проблематики* в регионе ОБСЕ в качестве одного из важнейших условий всеобъемлющей безопасности, (…)

постановляет одобрить План действий 2004 года по поддержке гендерного равенства, при- нятый Решением № 638 Постоянного совета от 2 декабря 2004 года и изложенный в Прило- жении к настоящему Решению.

София, 2004 г. (Приложение к Решению № 14/04: План действий ОБСЕ 2004 года по поддержке гендерного равенства) (…)

3. Эффективный учет гендерной проблематики во имя достижения равноправия мужчин и женщин имеет важное значение для полновесного задействования человеческого капитала в регионе ОБСЕ. Гендерное равенство способствует обеспечению всеобъемлющей безопасно- сти – той цели, на достижение которой направлены усилия ОБСЕ во всех трех измерениях. Систематический учет гендерной проблематики – один из способов достижения этой цели. 5

* Учет гендерной проблематики представляет собой процесс оценки возникающих для женщин и муж- чин последствий любых планируемых мер, включая законодательство, политику или программы, во всех областях и на всех уровнях. Речь идет о стратегии, благодаря которой проблемы, встающие перед женщинами и мужчинами, и накопленный ими опыт должны стать одним из неотъемлемых направ- лений деятельности в процессе разработки, осуществления, контроля и оценки политики и программ во всех сферах политической, экономической и общественной жизни, с тем чтобы и женщины, и муж- чины в равной степени пользовались плодами таких усилий, и для неравенства не оставалось места. Конечная цель состоит в обеспечении равенства между женщинами и мужчинами». См. Официаль- ные отчеты Генеральной ассамблеи, пятьдесят вторая сессия, дополнение № 3 (А/52/3/Rev.1), глава IV, пункт 4.

267 5.2 Равноправие мужчин и женщин

Соответственно, эта проблематика должна приниматься во внимание во всех мероприя- тиях, проектах и программах Организации, с тем, чтобы добиться гендерного равенства в деятельности самой Организации, равно как и в государствах-участниках. Эти государ- ства, Действующего председателя, Генерального секретаря и руководителей институтов и миссий объединяет ответственность за утверждение равноправия между женщинами и мужчинами в качестве неотъемлемого элемента политики и практики ОБСЕ. Проводя такую работу, следует иметь ввиду, что благоприятные последствия претворения в жизнь гендерного равенства в любом регионе и на любом уровне в обществе будут ощутимы как для женщин, так и для мужчин. (…)

8. Учет гендерной проблематики предполагает последовательное и систематическое отра- жение гендерных аспектов (…) на основе подхода, охватывающего все измерения, а также адекватные механизмы мониторинга и рассмотрения (…)

IV. Поддержка гендерного равенства в государствах-участниках

41. Государства-участники индивидуально и коллективно несут основную ответственность и подотчетны своим гражданам в том, что касается выполнения их обязательств относи- тельно равенства прав и равных возможностей для женщин и мужчин. Они обязались сде- лать равенство между женщинами и мужчинами неотъемлемой частью политики как на государственном уровне, так и в рамках Организации. Они обеспечат всемерное исполь- зование соответствующих форумов ОБСЕ для обзора выполнения принятых в ОБСЕ обя- зательств, касающихся равенства между женщинами и мужчинами.

42. Соответственно, государствам-участникам рекомендуется: • обеспечить разработку Организацией политики, эффективно способствующей гендер- ному равенству, а также учет гендерных аспектов в новых предложениях и инициативах; • создать или укрепить существующие механизмы для обеспечения гендерного равенства, в том числе путем предоставления доступа к услугам непредвзятого и независимого лица или органа – такого, как омбудсмен/комиссар по правам человека – в целях рассмотре- ния вопросов о дискриминации отдельных граждан на гендерной почве; • соблюдать и в полном объеме воплощать в жизнь принятые ими международные нормы и обязательства, касающиеся равенства, недопущения дискриминации, а также прав женщин и девочек; • соблюдать Конвенцию о ликвидации всех форм дискриминации в отношении женщин (КЛДЖ), если они являются ее сторонами, либо рассмотреть вопрос о ратификации этой конвенции или присоединении к ней, если они еще не сделали этого. Государства, ратифи- цировавшие данную конвенцию или присоединившиеся к ней с оговорками, рассмотрят возможность снятия этих оговорок. Государствам, являющимся сторонами КЛДЖ, пред- лагается также рассмотреть вопрос о ратификации Факультативного протокола к Кон- венции о ликвидации всех форм дискриминации в отношении женщин; • если они являются сторонами Конвенции о ликвидации всех форм дискриминации в отно- шении женщин (КЛДЖ), Международного пакта о гражданских и политических правах (МПГПР) и/или Международного пакта об экономических, социальных и культурных правах (МПЭСКП), регулярно и своевременно представлять отчеты соответствующим органам и привлекать к подготовке своих отчетов женские организации;

268 5.2 Равноправие мужчин и женщин

• предпринимать, где это необходимо, дальнейшие действия по обеспечению своим гражда- нам безопасных условий жизни и права на равную защиту в соответствии с законом (…) (…) • опираясь на опыт ОБСЕ, разработать политику и стратегии обеспечения гендерного равенства во всех измерениях и включить в число мер по осуществлению такой поли- тики, среди прочего, применение механизмов гендерного анализа и мониторинга для оценки эффективности политики и стратегий в гендерной области в интересах выявле- ния и устранения факторов, препятствующих их полному осуществлению.

Любляна, 2005 г. (Решение № 14/05 Роль женщин в предотвращении конфликтов, регулировании кризисов и постконфликтном восстановлении)

Совет министров, (…)

отмечая, что знания, мастерство и опыт как женщин, так и мужчин относятся к важней- шим факторам мира, устойчивой демократии, экономического развития и, тем самым, без- опасности и стабильности в регионе ОБСЕ,

отмечая далее, что в резолюции 1325 (2000) Совета Безопасности Организации Объединен- ных Наций о женщинах, мире и безопасности провозглашается взаимосвязь гендерного равенства и безопасности и делается акцент на роли женщин в обеспечении мира и безо- пасности на всех уровнях; (…)

подчеркивая важность полного и равноправного вовлечения женщин в работу на всех эта- пах предотвращения и разрешения конфликтов и миростроительства,

признавая необходимость принятия со стороны ОБСЕ конкретных мер по вовлечению жен- щин в проводимую ей работу по предотвращению конфликтов, регулированию кризисов и постконфликтному восстановлению, в частности, посредством:

1. Обеспечения инициативного выполнения в масштабах всей Организации Плана дей- ствий ОБСЕ 2004 года по поддержке гендерного равенства, принятого Решением Постоян- ного совета № 638 от 2 декабря 2004 года,

2. Учета в деятельности ОБСЕ, в необходимых случаях, соответствующих положений резо- люции 1325 (2000) Совета Безопасности ООН, посвященных роли женщин в работе на всех уровнях по предотвращению конфликтов, регулированию и разрешению кризисов и пост- конфликтному восстановлению, 5

3. Побуждения государств-участников к составлению национальных списков потенциаль- ных кандидатов из числа женщин (в соответствии с требованиями пункта 22 Плана дей- ствий ОБСЕ 2004 года по поддержке гендерного равенства) и к принятию активных мер к тому, чтобы широко информировать женщин и побуждать их участвовать в конкурсах на заполнение должностей в сфере предотвращения конфликтов и постконфликтного восста- новления, и в частности, должностей уровня старшего управленческого звена,

269 5.2 Равноправие мужчин и женщин

4. Обращения к государствам-участникам с призывом чаще выдвигать кандидатуры жен- щин на пост руководителей институтов или миссий и на другие должности старшего звена в ОБСЕ,

5. Активного содействия найму женщин для работы в присутствиях ОБСЕ на местах, в част- ности на руководящих должностях, добиваясь того, чтобы значительное число присутствий на местах возглавлялись женщинами,

6. Обращения к государствам-участникам и, в соответствующих случаях, к структурам ОБСЕ с призывом оказывать поддержку и содействие в осуществлении учебно-просвети- тельских программ, ориентированных на женщин и девушек, а также проектов, нацелен- ных на обеспечение участия женщин в построении прочного мира; расширять возможности женских организаций; обеспечивать поддержку женских мирных инициатив в средствах массовой информации и проводя семинары, посвященные правам человека и гендерному равенству; а также повышать осведомленность женщин относительно важности их уча- стия в политической жизни,

7. Обращения к государствам-участникам и, в соответствующих случаях, к структурам ОБСЕ с призывом разрабатывать конкретную политику, ставящую целью полное и равно- правное участие женщин и женских организаций в работе по предотвращению и разреше- нию конфликтов и постконфликтному восстановлению, поощрять и поддерживать обмен опытом и примерами наилучшей практики, а также взаимодействовать с женскими мир- ными инициативами,

8. Обращения к государствам-участникам с призывом учитывать важную роль и особые потребности женщин и девушек в реализации правительственных программ, касающихся их защиты и долгосрочных решений по таким вопросам, как добровольное возвращение, обустройство, восстановление, (ре)интеграция или репатриация беженцев и внутренне перемещенных лиц в безопасных и достойных условиях,

9. Принятия рекомендации о том, чтобы государства-участники регулярно подвергали ана- лизу свои усилия по учету гендерной проблематики в деятельности по предотвращению и регулированию конфликтов и восстановлению и предавали результаты такого анализа гласности с целью их использования для подготовки кадров с учетом гендерной специ- фики, а также в связи с выполнением соответствующих обязательств и в интересах повы- шения информированности об их важности,

постановляет: • поручить Генеральному секретарю включить в свой ежегодный доклад о ходе выполнения Решения № 638 Постоянного совета о Плане действий ОБСЕ 2004 года по поддержке ген- дерного равенства конкретные пассажи, посвященные выполнению в рамках Организа- ции актуальных для ОБСЕ положений резолюции 1325 (2000) Совета Безопасности ООН; • поручить Секретариату, руководствуясь задачами, поставленными в Плане действий ОБСЕ 2004 года по поддержке гендерного равенства, разработать во взаимодействии с государ- ствами-участниками дальнейшие меры по значительному увеличению численности жен- щин в составе Секретариата и институтов ОБСЕ и ее операций на местах, в частности, на уровне старшего и определяющего политику звена; • поручить структурам и институтам ОБСЕ разработать или скорректировать соответству- ющие проекты, стратегии и инициативы и вести иную работу, включая обмен информа- цией с ООН, в порядке выполнения обязательств, изложенных в настоящем решении;

270 5.2 Равноправие мужчин и женщин

• предложить государствам – участникам ОБСЕ и институтам ОБСЕ доложить Ежегодной конференции по обзору проблем в области безопасности, в частности, о проделанной работе по выполнению обязательств, изложенных в настоящем решении.

Афины, 2009 г. (Решение № 7/09 Участие женщин в политической и общественной жизни)

Совет министров, (…)

ссылаясь на резолюцию 1325 (2000) Совета Безопасности ООН, в которой содержится призыв к полному и равному участию женщин в принятии решений, касающихся преду- преждения конфликтов, а также постконфликтного восстановления, и подчеркивая необ- ходимость их полного и равного участия и вовлеченности во все усилия по поддержанию и содействию укреплению международного мира и безопасности,

принимая к сведению резолюцию 1889 (2009) Совета Безопасности ООН, которая насто- ятельно призывает международные и региональные организации продолжать принимать меры для расширения участия женщин на всех этапах мирного процесса,

обращая внимание на тот факт, что 18 декабря 2009 года знаменует собой 30-ю годов- щину принятия Конвенции о ликвидации всех форм дискриминации в отношении жен- щин (КЛДЖ), которая направлена на искоренение дискриминации в отношении женщин в политической и общественной жизни, и, отмечая, что 10 декабря знаменует собой 10-ю годовщину со дня открытия для подписания Протокола к этой Конвенции,

признавая, что помимо препятствий гендерного характера женщины могут встречать и дру- гие барьеры на пути своего участия в политической и общественной жизни,

призывает государства-участники: 5 1. Рассмотреть возможность принятия конкретных мер для достижения цели гендерной сбалансированности во всех органах законодательной, судебной и исполнительной власти, включая силовые структуры, такие, как полицейские службы;

3. Рекомендовать всем движущим политическим силам содействовать равному участию женщин и мужчин в политических партиях с целью достижения более сбалансированного

271 5.2 Равноправие мужчин и женщин

гендерного представительства на выборных государственных должностях на всех уровнях принятия решений;

6. Создавать возможности для внесения женщинами и мужчинами равного вклада в ини- циативы по миростроительству;

8. Оказывать поддержку, где это необходимо, неправительственным и научно-исследова- тельским организациям в подготовке целевых исследований и реализации инициатив по повышению осведомленности общественности с целью выявления конкретных вызовов, возникающих на пути участия женщин в политической и общественной жизни, и содей- ствии продвижению равенства возможностей женщин и мужчин;

Вильнюс, 2011 г. (Решение № 10/11 Обеспечение равенства возможностей женщин в экономической сфере) (…)

признавая, что участие женщин в экономической сфере деятельности вносит значитель- ный вклад в оживление экономики, устойчивый рост и создание сплоченного общества и поэтому имеет важнейшее значение для безопасности и стабильности в регионе ОБСЕ,

с озабоченностью отмечая сохраняющееся неравенство, с которым женщины в регионе ОБСЕ сталкиваются на рынке труда, включая сегрегацию в трудовой сфере; неравенство в доступе к социальной защите, а также к качественной и полной занятости; и медленный прогресс в усилиях по преодолению неравенства в оплате за равный труд, что ведет на про- тяжении всей жизни к более низким заработкам и пенсиям и росту нищеты среди женщин,

будучи озабочен сохраняющейся недопредставленностью женщин среди экономических лидеров и руководителей, принимающих решения, в государственном и частном секторах,

будучи озабочен также сохранением ограничений на эффективное участие женщин в эко- номической сфере деятельности, в частности, в отношении доступа к таким финансо- во-экономическим ресурсам, как кредиты, имущественные права и права наследования, и контроля над ними,

272 5.2 Равноправие мужчин и женщин

признавая необходимость более совершенного и систематического сбора дезагрегирован- ных по признаку пола данных и проведения исследований о равных возможностях в эко- номической сфере в качестве базы для планирования политики и деятельности,

ссылаясь на потребность в экономической и социальной политике, нацеленной на ликви- дацию коренных причин незаконной торговли людьми, в особенности на искоренение дис- криминации в отношении женщин в сфере труда, и на устранение экономических факторов, повышающих уязвимость женщин для незаконной торговли людьми,

признавая необходимость постоянного мониторинга хода выполнения существующих обя- зательств по искоренению дискриминации в отношении женщин и обеспечения равенства возможностей женщин в экономической сфере с целью выявления примеров передовой практики и обмена ими, а также выработки эффективных подходов, в том числе в рамках Организации и ее исполнительных структур, (…)

признавая, что женщины могут сталкиваться с дополнительными барьерами, помимо тех, которые основаны на гендерном факторе, в своем участии в экономической сфере дея- тельности,

призывает государства-участники:

1. Собирать и анализировать данные для выявления и устранения препятствий, которые мешают женщинам реализовать свой потенциал в экономической сфере и (…) оказывать поддержку неправительственным и исследовательским организациям в подготовке адрес- ных исследований, в том числе по передовой практике;

2. Проводить оценку ассигнования бюджетных средств на обеспечение гендерного равен- ства в экономической сфере и принимать конкретные меры, которые способствуют созда- нию равных возможностей для участия женщин в экономической сфере и равного доступа к социальной защите и содействуют достижению качественной и полной занятости и/или самозанятости;

3. Содействовать формированию у женщин предпринимательских и других трудовых навы- ков и включать гендерные аспекты, с уделением особого внимания женщинам, в миграци- онную политику, с тем чтобы, среди прочего, предотвращать торговлю людьми и повторную их продажу;

4. Инициировать или активизировать политику и правовые меры, в том числе, при необ- ходимости, позитивные действия, которые способствовали бы обеспечению равенства воз- можностей женщин на рынке труда и его защите, в том числе посредством расширения 5 сферы услуг по уходу за детьми и новорожденными;

5. Выявлять конкретные виды деятельности, которые направлены на обеспечение равенства возможностей женщин в экономической сфере и, при необходимости, создавать эффектив- ные национальные механизмы мониторинга прогресса в этой области, такие, как в отно- шении сокращения неравенства в оплате труда;

6. Поощрять равное участие супругов в работе по дому и выполнении родительских и воспи- тательных функций путем расширения практики отпуска по причине отцовства; содействие недискриминационной политике и практике в сфере труда и равного доступа к образованию

273 5.2 Равноправие мужчин и женщин

и профессиональной подготовке; принятие мер, направленных на содействие сочетанию трудовой деятельности с выполнением семейных обязанностей; и стремление обеспечить, чтобы любая политика и программы структурной корректировки не оказывали отрица- тельного, дискриминирующего влияния на женщин;

7. Поддерживать создание необходимых условий для успешной выработки и реализации политики путем проведения адресных мероприятий по информированию и повышению осведомленности о преимуществах предпринимаемых мер по обеспечению равных воз- можностей для участия женщин в экономической сфере деятельности и борьбе с социаль- ной изоляцией и дискриминацией женщин;

8. Принимать меры и налаживать диалог с частным сектором с целью обеспечения равенства возможностей для профессионального роста женщин и сокращения разрыва в оплате труда;

9. Разрабатывать и наращивать, по мере возможности, меры, направленные на повыше- ние диверсификации в секторах занятости, в которых традиционно доминируют муж- чины или женщины;

10. Рекомендовать партнерам по сотрудничеству на добровольной основе выполнять поло- жения этого Решения.

Мы отмечаем, что успехов в утверждении надлежащего управления и борьбе с корруп- цией не добиться без полновесного и равноправного участия женщин и мужчин в поли- тических и экономических процессах и деятельности институтов (…). Мы подчеркиваем необходимость расширить права и возможности женщин, с тем чтобы они могли активно участвовать и вносить свой вклад в осуществление политики и мероприятий, касающихся надлежащего управления, с пользой в равной мере и для мужчин, и для женщин.

Базель, 2014 г. (Решение № 7/14 Недопущение и пресечение насилия в отношении женщин)

вновь подтверждая обязательство уважать права человека и основные свободы для всех без различия расы, пола, языка или религии, как это закреплено в положении хельсинк- ского Заключительного акта 1975 года,

напоминая, что полное и равное осуществление женщинами своих прав человека является непременным условием формирования более мирного, процветающего и демократического пространства ОБСЕ и что государства – участники ОБСЕ обязуются сделать обеспечение равенства между мужчинами и женщинами неотъемлемой частью своей политики как на уровне своих государств, так и в рамках исполнительных структур ОБСЕ, как было заяв- лено на Стамбульской встрече ОБСЕ на высшем уровне в 1999 году, (…)

будучи глубоко обеспокоен продолжающимся насилием в отношении женщин как одним из наиболее распространенных нарушений прав человека в регионе ОБСЕ, проявляющемся в виде физического, сексуального и психологического насилия, и вновь заявляя об особой необходимости принятия более решительных мер по недопущению и пресечению насилия

274 5.2 Равноправие мужчин и женщин

в отношении женщин, которому в качестве одного из основных факторов может способ- ствовать гендерное неравенство, (…)

призывает государства-участники обеспечить для всех женщин защиту и полное уважение прав человека и основных свобод; (…)

Милан, 2018 г. (Решение № 4/18 Недопущение и пресечение насилия в отношении женщин)

вновь подтверждая, что поощрение и защита принципа равных прав и возможностей для всех крайне важны для обеспечения демократии и экономического развития, а следова- тельно безопасности, стабильности и прочного мира в регионе ОБСЕ,

исполненный решимости обеспечить реализацию женщинами и девочками в полном объ- еме и на равной основе прав человека и основных свобод, (…)

сознавая, что первопричиной насилия в отношении женщин и девочек является неравен- ство между мужчинами и женщинами и что, в частности, дискриминация и экономическое неравенство, в том числе отсутствие экономической независимости, могут делать женщин более уязвимыми перед лицом насилия, (…)

3. Принимать, по мере необходимости, меры по поощрению просветительской деятельности по вопросам гендерного равенства, прав человека и ненасильственного поведения, содей- ствуя тем самым недопущению всех форм насилия в отношении женщин и девочек, к кото- рым могут относиться: вредные обычаи, сексуальное насилие, бытовое насилие, а также сексуальные домогательства; (…)

Милан, 2018 г. (Решение № 5/18 Развитие человеческого капитала в цифровую эпоху) (…)

сознавая, что перемены на рынках труда, порождаемые цифровой трансформацией, потен- циально способны углублять социально-экономическое неравенство, и что ощущается необ- ходимость сильнее акцентировать задачу развития человеческого капитала, в особенности 5 в отношении женщин, молодежи и инвалидов, а также в секторах экономики, для которых характерны высокая трудозатратность и малоквалифицированный труд, (…)

275 5.2 Равноправие мужчин и женщин

(…)

Тирана, 2020 г. (Решение № 6/20 Предупреждение коррупции и борьба с ней путем цифровизации и повышения транспарентности) (…)

1. Призывает государства-участники предупреждать коррупцию и бороться с ней путем: (…) (m) содействия полноценному, равноправному и целесообразному участию женщин в раз- работке и осуществлении соответствующих антикоррупционных мероприятий в целях достижения гендерного равенства и с учетом того, что коррупция в непропорциональной степени затрагивает женщин и уязвимых лиц; (…)

276 5.3 Борьба с действиями, мотивированными предубеждениями, нетерпимостью и ненавистью

5.3 Борьба с действиями, мотивированными предубеждениями, нетерпимостью и ненавистью

5.3.1 Общие положения

Копенгаген, 1990 г.

Они заявляют о своем твердом намерении активизировать усилия по борьбе с этими явле- ниями во всех их формах и поэтому (…)

(40.2) возьмут на себя обязательство принять надлежащие и соответствующие меры для защиты лиц или групп, которые могут подвергаться угрозам или актам дискриминации, враждебности или насилия в результате их расовой, этнической, культурной, языковой или религиозной самобытности, и для защиты их собственности.

Париж, 1990 г. (Парижская хартия для новой Европы) (…)

Мы выражаем свою решимость бороться против всех форм расовой и этнической нена- висти, антисемитизма, ксенофобии и дискриминации в отношении кого бы то ни было, а также преследования по религиозным и идеологическим мотивам. (…)

Краков, 1991 г. (…)

Государства-участники выражают свою глубокую убежденность в том, что они совместно пользуются общими ценностями, созданными историей и основанными, среди прочего, на уважении личности, свободы совести, религии или вероисповедания, свободы самовыра- жения, признании важности духовных и культурных ценностей, приверженности верхо- венству закона, терпимости и открытости для диалога с представителями других культур. (…) 5 Государства-участники уважают незаменимую самобытность всех своих культур и будут стремиться содействовать непрерывному культурному диалогу между собой и с другими странами мира. Они вновь подтверждают свою убежденность в том, что уважение куль- турного многообразия способствует взаимопониманию и проявлению терпимости отдель- ных людей и их групп. (…)

277 5.3.1 Общие положения

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

12. (…) мы отвергаем расовую, этническую и религиозную дискриминацию в любой форме. Свободе и терпимому отношению необходимо учиться, и их надо применять на практике.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(30) Выражают свою обеспокоенность в связи с недавними вопиющими проявлениями нетерпимости, дискриминации, агрессивного национализма, ксенофобии, антисемитизма и расизма и подчеркивают важнейшую роль терпимости, взаимопонимания и сотрудни- чества в деле создания и сохранения устойчивых демократических обществ.

Рим, 1993 г. (Решения: X. Декларация об агрессивном национализме, расизме, шовинизме, ксенофобии и антисемитизме)

2. Министры также отметили, что эти явления могут привести к проявлению насилия, стремлению к отделению с применением силы и к раздорам на этнической почве, а в наи- худших случаях к варварской практике массовых депортаций, этнических чисток и наси- лию в отношении невинных гражданских лиц.

3. Агрессивный национализм, расизм, шовинизм, ксенофобия и антисемитизм создают обстановку этнической, политической и социальной напряженности в государствах и в отно- шениях между ними. Они также подрывают международную стабильность и предпри- нимаемые во всем мире усилия с целью прочного закрепления всеобщих прав человека.

4. Министры сосредоточили внимание на необходимости срочных действий с целью прочного обеспечения строгого соблюдения норм международного гуманитарного права, включая преследование и наказание виновных в военных преступлениях и в других пре- ступлениях против человечества.

5. Министры согласились с тем, что СБСЕ должно играть важную роль в этих усилиях. Ясные стандарты поведения, отраженные в обязательствах СБСЕ, включают активную поддержку обеспечения равных прав каждого человека в соответствии с международным правом, а также защиты национальных меньшинств.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение: Терпимость и недискриминация)

25. Государства участники осуждают проявления нетерпимости, особенно – агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма, и будут оказывать дальнейшее содействие эффективным мерам, направленным на их искоренение (…) Они осуждают все преступления, совершенные в целях так называемой этнической чистки,

278 5.3.1 Общие положения

и будут продолжать оказывать эффективную поддержку находящемуся в Гааге Междуна- родному трибуналу по военным преступлениям для бывшей Югославии.

26. Они положительно оценивают принятый Советом Европы план действий в отноше- нии расизма, ксенофобии, антисемитизма и нетерпимости. Предпринимая дальнейшие шаги в свете Декларации римской Встречи Совета, институты СБСЕ будут изучать воз- можности для совместной работы с Советом Европы, а также с ООН и другими междуна- родными организациями.

Лиссабон, 1996 г. (Декларация встречи на высшем уровне)

9. (…) Среди острых проблем человеческого измерения угрозой для стабильности в реги- оне ОБСЕ остаются непрекращающиеся нарушения прав человека, в частности в форме (…) проявления агрессивного национализма, расизма, шовинизма, ксенофобии и антисе- митизма. Мы твердо намерены продолжать усилия по решению этих проблем.

Стамбул, 1999 г. (Хартия европейской безопасности: IV. Наш общий ответ)

19. (…) Мы берем на себя обязательство противостоять таким угрозам безопасности, как нарушения прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений, и проявления нетерпимости, агрессивного национализма, расизма, шови- низма, ксенофобии и антисемитизма. (…)

22. Мы отвергаем любую политику этнических чисток или массового изгнания. (…)

11. Утверждение прав человека, терпимости и поликультурности. Государства-участники/ Постоянный совет/БДИПЧ/Верховный комиссар по делам национальных меньшинств (ВКНМ)/Представитель по вопросам свободы средств массовой информации: будут пропа- гандировать и укреплять терпимость, сосуществование и гармоничные отношения между этническими, религиозными, языковыми и другими группами, а также конструктивное 5 сотрудничество между государствами-участниками в этом отношении; будут обеспечивать раннее предупреждение о возможности насилия, нетерпимости, экстремизма и дискрими- нации в отношении этих групп, адекватно реагировать на такие случаи и в то же время способствовать проявлению этими группами уважения к верховенству закона, демокра- тическим ценностям и свободе личности; будут добиваться того, чтобы лица, принадле- жащие к национальным меньшинствам, обладали правом свободно выражать, сохранять и развивать свою этническую, культурную, языковую или религиозную самобытность.

279 5.3.1 Общие положения

Порту, 2002 г. (Решение № 6 Толерантность и недискриминация)

Совет министров, (…)

вновь заявляя, что демократия и защита прав человека и основных свобод являются важ- нейшими гарантиями толерантности и недискриминации и важными факторами стабиль- ности, безопасности, сотрудничества и мирного развития в масштабах всего региона ОБСЕ и что в свою очередь толерантность и недискриминация являются важными элементами утверждения прав человека, (…)

отмечая, что утверждение толерантности и недискриминации может способствовать также ликвидации основы для разжигания ненависти, для агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма,

признавая, что государства-участники ответственны за утверждение толерантности и недискриминации,

1.(a) самым решительным образом осуждает все проявления агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и воинствующего экстремизма, а также пропаганду ненависти и случаи дискриминации на почве религии или убеждений; (…)

2. Постановляет активизировать усилия, направленные на поддержание и укрепление толерантности и недискриминации, при содействии институтов ОБСЕ и в сотрудничестве с соответствующими международными организациями и гражданским обществом, напри- мер, путем обмена информацией и лучшей практикой; (…)

5. Осуждает, в частности, дискриминацию по религиозному признаку и обязуется пред- принимать усилия по недопущению и защите от посягательств, направленных против любой религиозной группы, – будь то против отдельных лиц, религиозных святынь или предметов культа;

6. Осуждает, в частности, участившиеся в последнее время антисемитские выходки в реги- оне ОБСЕ, признавая, что на всем протяжении истории явление антисемитизма было источ- ником серьезной угрозы свободе;

7. Также осуждает участившиеся в последнее время акты дискриминации и насилия в отно- шении мусульман в регионе ОБСЕ и категорически не приемлет отождествление терроризма и экстремизма с какой-либо конкретной религией или культурой;

8. Постановляет твердо и во всеуслышание выступать против разжигания ненависти и дру- гих проявлений агрессивного национализма, расизма, шовинизма, ксенофобии, антисеми- тизма и воинствующего экстремизма, а также против случаев дискриминации по признаку религии или убеждений;

280 5.3.1 Общие положения

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

Угрозы безопасности и стабильности в XXI веке (…)

12. Практика, связанная с дискриминацией и нетерпимостью, не только угрожает безопас- ности отдельных лиц, но и способна служить причиной более широкомасштабных кон- фликтов и насилия. Она может корениться в таких явлениях, как этническая и религиозная напряженность, агрессивный национализм, шовинизм и ксенофобия, а также возникать на почве расизма, антисемитизма, агрессивного экстремизма и отсутствия уважения к пра- вам лиц, принадлежащих к национальным меньшинствам.

13. Мобильность мигрантов как группы населения и возникновение во всех частях региона ОБСЕ обществ, характеризующихся сосуществованием многих культур, создают не только все более широкие возможности, но и растущие вызовы. Отсутствие интеграции в обще- стве, а также отсутствие у каждого проживающего в нем уважения к правам всех других могут вести к подрыву стабильности. (…)

Противодействие угрозам, связанным с дискриминацией и нетерпимостью

36. Дискриминация и нетерпимость относятся к числу факторов, которые способны прово- цировать конфликты, подрывающие безопасность и стабильность. Основываясь на своих обязательствах в области человеческого измерения, ОБСЕ стремится поощрять повсюду в своем регионе создание условий, позволяющих всем в полной мере пользоваться своими правами человека и основными свободами под защитой эффективных демократических институтов, надлежащих судебных процедур и верховенства закона. Это включает обеспече- ние безопасной обстановки и соответствующих институтов для мирной дискуссии и выра- жения своих интересов всеми лицами и общественными группами. Важную роль в этом отношении призвано играть гражданское общество, и ОБСЕ будет продолжать поддержи- вать организации гражданского общества и содействовать их укреплению. (…)

38. Государства-участники, органы и институты ОБСЕ твердо намерены наращивать свои усилия по противодействию угрозам, порождаемым дискриминацией и нетерпимостью. Гармоничные отношения между этническими, религиозными, языковыми и иными груп- пами, а также права лиц, принадлежащих к национальным меньшинствам, будут активно поощряться (…) Насилию, нетерпимости, экстремизму и дискриминации по отношению к этим группам, включая рабочих-мигрантов, лиц, ищущих убежища, и других иммигран- 5 тов, необходимо давать отпор, а лиц, виновных в таких действиях, привлекать к ответ- ственности. В то же время важнейшее значение имеет уважение принадлежащими к таким группам лицами верховенства закона, демократических ценностей и свобод личности.

281 5.3.1 Общие положения

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров, (…)

вновь подтверждая свое обязательство способствовать толерантности и бороться с дискри- минацией, а также свою озабоченность всеми проявлениями агрессивного национализма, расизма, шовинизма, ксенофобии, антисемитизма и сопровождающегося насилием экс- тремизма во всех государствах-участниках, равно как и дискриминацией, в частности, по признаку расы, цвета кожи, пола, языка, религии или убеждений, политических или иных взглядов, национального или социального происхождения, имущественного, сословного или иного положения,

настоятельно призывая соответствующие органы власти во всех государствах- участни- ках продолжать выступать на соответствующем уровне и надлежащем образом с публич- ным осуждением актов насилия, совершенных на почве дискриминации и нетерпимости,

утверждая приверженность наращиванию своих усилий по содействию толерантности и недискриминации во всех областях (…)

8. Признает необходимость бороться с преступлениями на почве ненависти, к которым может подталкивать пропаганда расизма, ксенофобии и антисемитизма в Интернете (…)

11. Принимает обязательство бороться с дискриминацией против рабочих-мигрантов. Обязуется также облегчать социальную интеграцию рабочих-мигрантов в тех странах, где они законно проживают. Призывает БДИПЧ укреплять свою деятельность в этой области;

13. Принимает во внимание Руководящие принципы ООН касательно внутреннего пере- мещения как полезную основу для работы ОБСЕ и усилий государств-участников по реше- нию проблем внутреннего перемещения (…)

15. Постановляет активизировать сотрудничество ОБСЕ с соответствующими междуна- родными организациями, такими, как Организация Объединенных Наций, Совет Европы и Европейский союз, а также с гражданским обществом и соответствующими неправитель- ственными организациями в целях утверждения толерантности и недискриминации (…)

282 5.3.1 Общие положения

София, 2004 г. (Декларация министров о шестидесятой годовщине окончания второй мировой войны)

История учит нас тому, какой угрозой чреваты нетерпимость, дискриминация, экстре- мизм и ненависть на этнической, расовой и религиозной почве. Мы твердо намерены вести борьбу с этими опасными явлениями, в том числе через ОБСЕ, и отвергаем любые попытки их оправдания.

Мы решительно осуждаем любое отрицание холокоста. Мы осуждаем все формы этниче- ской чистки. Мы подтверждаем свою приверженность принятой 9 декабря 1948 года Кон- венции ООН о предупреждении преступления геноцида и наказании за него. Мы призываем государства-участники предпринять все возможные действия для недопущения попыток совершения геноцида, как в наши дни, так и в будущем. Виновные в подобных преступле- ниях должны привлекаться к ответственности.

София, 2004 г. (Решение № 12/04 Толерантность и недискриминация)

Совет министров, (…)

2. Одобряет решения Постоянного совета о борьбе с антисемитизмом (PC. DEC/607) и о толе- рантности и борьбе с расизмом, ксенофобией и дискриминацией (PC.DEC/621), а также Решение Постоянного совета о содействии толерантности и свободе СМИ в Интернете (PC. DEC/633), прилагаемые к настоящему решению;

3. Постановляет также активизировать усилия по выполнению этих трех решений, содер- жащих обязательства, в частности, в таких областях, как образование, средства массовой информации, законодательство, охрана правопорядка, миграция и свобода религии; (…)

Постоянный совет, (…) 5 в целях наращивания наших совместных усилий по борьбе с антисемитизмом во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются: • стремиться к тому, чтобы их правовые системы способствовали безопасной среде, сво- бодной от антисемитской травли, насилия или дискриминации в какой бы то ни было сфере жизни;

283 5.3.1 Общие положения

• бороться с преступлениями, совершаемыми на почве ненависти, разжигать которую может расистская, ксенофобская и антисемитская пропаганда в средствах массовой информации и в Интернете; • поощрять и поддерживать усилия международных организаций и НПО в этих обла- стях (…) (…) • взаимодействовать с Парламентской ассамблеей ОБСЕ в определении подходящих спо- собов периодического рассмотрения проблемы антисемитизма; • поощрять развитие неофициального обмена мнениями между экспертами в рамках соот- ветствующих форумов относительно лучшей практики и опыта в области правоприме- нения и правового образования; (…)

Постоянный совет, (…) с целью наращивания наших общих усилий в борьбе с проявлениями нетерпимости во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются: (…) • принимать меры по пресечению актов дискриминации и насилия в отношении мусуль- ман в регионе ОБСЕ; • принимать в соответствии со своим внутренним законодательством и международными обязательствами меры против дискриминации, нетерпимости и ксенофобии в отноше- нии мигрантов и рабочих-мигрантов; • рассмотреть вопрос о принятии мер по повышению осведомленности общественности относительно обогащающего вклада мигрантов и рабочих-мигрантов в жизнь общества; • бороться с преступлениями на почве ненависти, разжигать которую может расистская, ксенофобская и антисемитская пропаганда в Интернете, и надлежащим образом публично осуждать такие преступления в тех случаях, когда они совершаются; (…) • поощрять и поддерживать усилия международных организаций и НПО на этих направ- лениях; (…) • изучить возможность учреждения внутри стран соответствующих органов, отвечающих за поддержку толерантности и борьбу с расизмом, ксенофобией и дискриминацией и свя- занной с ними нетерпимостью, в том числе в отношении мусульман, и с антисемитизмом; (…)

284 5.3.1 Общие положения

• взаимодействовать с Парламентской ассамблеей ОБСЕ в определении подходящих спосо- бов для периодического рассмотрения проблем расизма, ксенофобии и дискриминации; • поощрять развитие неофициального обмена мнениями между экспертами в рамках соот- ветствующих форумов относительно лучшей практики и опыта в области правоприме- нения и правового образования; (…)

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию

Совет министров, (…)

напоминая о важности развития и облегчения межкультурного и межконфессионального диалога и партнерства, направленного на повышение терпимости, взаимного уважения и понимания, как на национальном, так и на международном уровнях, (…)

3. Считает недопустимым ассоциировать терроризм и насильственный экстремизм с любой религией или вероисповеданием, культурой, этнической группой, национальностью или расой; (…)

4. Постановляет, что ОБСЕ следует и далее повышать осведомленность и разрабатывать меры по противодействию предрассудкам, нетерпимости и дискриминации при уважении прав человека и основных свобод, включая свободу мысли, совести, религии и убеждений, для всех, без различия, в частности, расы, цвета кожи, пола, языка, религии и верований, политических или иных убеждений, национального или социального происхождения, иму- щественного, сословного или иного положения; (…)

Совет министров, (…)

отмечая, что содействие культуре взаимного уважения, понимания и равенства и обеспе- 5 чение равных возможностей для эффективного участия в демократических обществах тре- буют системного, всеобъемлющего и долгосрочного подхода,

будучи глубоко обеспокоен расистскими, ксенофобскими и дискриминационными публич- ными выступлениями, (…)

вновь подтверждая необходимость в проявлении государствами-участниками решимо- сти в борьбе со всеми актами и проявлениями ненависти, в том числе преступлениями на

285 5.3.1 Общие положения

почве ненависти, признавая, что усилия, необходимые для борьбы с ними, часто требуют общего подхода, и признавая одновременно своеобразие проявлений и исторического фона каждой формы, (…)

отмечая ключевую роль гражданского общества, которую то может сыграть в борьбе с нетер- пимостью и дискриминацией и в содействии взаимному уважению и пониманию,

будучи встревожен любым усилением политических партий, движений и групп, пропа- гандирующих насилие,

будучи также обеспокоен в этом контексте проявлениями насильственного экстремизма, связанного с расизмом, ксенофобией, антисемитизмом, агрессивным национализмом и нео- нацизмом,

напоминая о вкладе ОБСЕ в инициативу ООН «Альянс цивилизаций» в целях укрепления коллективной политической воли и мобилизации совместных действий на институциональ- ном уровне и уровне гражданского общества для содействия взаимному уважению и пони- манию и отмечая доклад Группы высокого уровня, представленный Генеральному секретарю ООН 13 ноября 2006 года в Стамбуле, имеющий целью создание под эгидой ООН партнерств между международными организациями, которые разделяют цели «Альянса цивилизаций», (…)

3. Побуждает государства-участники признать тот позитивный вклад, который все лица могут внести в гармоничный плюралистический характер наших обществ путем развития политики с упором на равенство возможностей, правах, доступе к правосудию и обще- ственным службам и развитие диалога и эффективного участия; (…)

8. Осуждает расистские, ксенофобские и дискриминационные публичные выступления и подчеркивает, что политические представители могут играть позитивную роль в общем содействии взаимному уважению и пониманию и оказывать существенное влияние на разрядку напряженности внутри обществ, выступая против актов и инцидентов, мотиви- рованных ненавистью, и признавая, что все лица могут внести позитивный вклад в гармо- ничное плюралистическое общество; (…)

12. Постановляет, что государства-участники должны более активно участвовать в поощ- рении деятельности гражданского общества путем развития эффективного партнерства и укрепления диалога и сотрудничества между гражданским обществом и государствен- ными властями в области содействия взаимному уважению и пониманию, равенству воз- можностей и активизации всего общества и борьбы с нетерпимостью, включая создание там, где это необходимо, местных, региональных или национальных механизмов консультаций; (…)

16. Ожидает действий ООН в связи с докладом Группы высокого уровня инициативы «Альянс цивилизаций» в целях изучения надлежащего вклада ОБСЕ в его выполнение.

286 5.3.1 Общие положения

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

подчеркивая, что основная ответственность за противодействие проявлениям нетерпи- мости и дискриминации лежит на государствах-участниках, в том числе их политических представителях, (…)

признавая, что проявления нетерпимости и дискриминации могут подрывать усилия, направленные на защиту прав индивидов, включая мигрантов, беженцев и лиц, принад- лежащих к национальным меньшинствам, и лиц без гражданства, (…)

признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов (…) с тем чтобы эффективно бороться со всеми формами дискрими- нации,

1. Призывает политических представителей, в том числе парламентариев, и впредь реши- тельно отвергать и осуждать проявления расизма, ксенофобии, антисемитизма, дис- криминации и нетерпимости, в том числе в отношении христиан, иудеев, мусульман и представителей других религий, а также жестокие проявления экстремизма, ассоцииру- емые с воинствующим национализмом и неонацизмом, соблюдая при этом свободу выра- жения мнений;

2. Подчеркивает сохраняющуюся необходимость того, чтобы государства-участники (…) укрепляли сотрудничество с гражданским обществом; (…)

5. Призывает государства-участники активизировать свои усилия в сотрудничестве с граж- данским обществом по противодействию подстрекательству, неизбежно ведущему к наси- лию и преступлениям на почве ненависти, в том числе через Интернет, в рамках своего национального законодательства, соблюдая при этом свободу выражения мнений, и подчер- кивает в то же время необходимость в полной мере использовать возможности, открывае- мые Интернетом, для продвижения демократии, прав человека и воспитания терпимости; (…) 5 7. Призывает государства-участники защищать мигрантов, на законных основаниях про- живающих в принимающих странах, и лиц, принадлежащих к национальным меньшин- ствам, лиц без гражданства и беженцев от расизма, ксенофобии, дискриминации и жестоких проявлений нетерпимости и разрабатывать или усиливать национальные стратегии и про- граммы в направлении интеграции легальных мигрантов, для чего необходимо также про- явление активных усилий со стороны последних. (…)

287 5.3.1 Общие положения

9. Обязуется обеспечить принятие эффективных последующих мер в развитие итогов работы, уже проделанной государствами-участниками, и соответствующими институтами ОБСЕ, в том числе БДИПЧ в рамках его Программы по вопросам терпимости и недискриминации, с тем чтобы содействовать в рамках их мандатов воспитанию терпимости и недискрими- нации, подчеркивая большое значение выполнения уже принятых в рамках ОБСЕ обяза- тельств, с учетом опыта и экспертного потенциала других соответствующих международных и региональных организаций в этой области во избежание дублирования усилий (…);

10. Рекомендует государствам-участникам, которые еще не сделали этого, создать националь- ные институты или специализированные органы для борьбы с нетерпимостью и дискри- минацией, а также разработать и осуществить национальные стратегии и планы действий в этой области, полагаясь на экспертный потенциал и помощь со стороны соответствую- щих институтов ОБСЕ на основе существующих обязательств и, при необходимости, со стороны соответствующих международных учреждений;

11. Принимает решение рассмотреть возможность внесения ОБСЕ надлежащего вклада в этап выполнения рекомендаций Группы высокого уровня по «Альянсу цивилизаций», принимая во внимание План действий, подготовленный Высоким представителем Орга- низации Объединенных Наций по «Альянсу цивилизаций», и рекомендует, чтобы Гене- ральный секретарь ОБСЕ в консультации с Действующим председателем присутствовал на приближающемся первом ежегодном Форуме Альянса в Мадриде и доложил о его ито- гах государствам-участникам. (…)

Хельсинки, 2008 г. (Решение № 8/08 Вклад ОБСЕ в фазу выполнения инициативы «Альянс цивилизаций»)

Совет министров,

признавая необходимость содействия взаимопониманию и отношениям сотрудничества между странами, являющимися носителями различных культур и цивилизаций,

будучи преисполнен решимости противодействовать радикализации и насильственному экстремизму, которые ведут к терроризму,

подчеркивая роль ОБСЕ как региональной структуры по смыслу Главы VIII Устава Орга- низации Объединенных Наций,

акцентируя внимание на неизменном интересе ОБСЕ к инициативе «Альянс цивилизаций» под эгидой Организации Объединенных Наций в соответствии с решениями, принятыми Советом министров на встречах в Любляне, Брюсселе и Мадриде,

вновь заявляя о своей приверженности делу борьбы с нетерпимостью и дискриминацией и содействия взаимному уважению и пониманию,

напоминая о первоначальном вкладе ОБСЕ в инициативу «Альянс цивилизаций», пред- ставленном Генеральному секретарю ООН в 2006 году,

принимая во внимание План осуществления, подготовленный Высоким представителем ООН по инициативе «Альянс цивилизаций».

288 5.3.1 Общие положения

постановляет, в рамках имеющихся ресурсов:

1. Уполномочить Генерального секретаря ОБСЕ следить за эволюцией «Альянса цивилиза- ций», рассматривать возможность сотрудничества в рамках проектов «Альянса цивилиза- ций» в областях, представляющих общий интерес и взаимную выгоду в плане содействия выполнению обязательств ОБСЕ, и поручить ему представить доклад государствам-участ- никам; (…)

Афины, 2009 г. (Решение № 5/09 Управление миграционными процессами)

Совет министров, (…)

1. Рекомендует государствам-участникам продолжать деятельность в сфере управления миграционными процессами и для этого: (…) • уважать права человека применительно к мигрантам и прилагать более решительные уси- лия для борьбы с дискриминацией, нетерпимостью и ксенофобией в отношении мигран- тов и членов их семей; (…)

Афины, 2009 г. (Решение № 9/09 Борьба с преступлениями на почве ненависти)

Совет министров, (…)

будучи озабочен преступлениями на почве ненависти на всем пространстве ОБСЕ и при- знавая необходимость сотрудничества для эффективной борьбы с такими преступлени- ями, а также принимая к сведению доклад «Преступления на почве ненависти в регионе ОБСЕ: проявления и ответные меры», подготовленный БДИПЧ по поручению государств-у- частников, (…)

признавая, что преступления на почве ненависти являются уголовными преступлениями, совершаемыми на основе предрассудков,

принимая к сведению Глобальную контртеррористическую стратегию ООН, принятую 5 Генеральной ассамблеей ООН 8 сентября 2006 года, в которой содержится концепция все- объемлющего глобального подхода к борьбе с терроризмом и при этом рассматриваются не только проявления терроризма, но и условия, способствующие его распространению, и признается роль, которую преступления на почве ненависти, дискриминация и нетерпи- мость могут играть в разжигании насильственного экстремизма и радикализации, веду- щих к терроризму, (…)

289 5.3.1 Общие положения

признавая, что глобальный экономический спад может привести к росту числа преступле- ний на почве ненависти на пространстве ОБСЕ,

признавая, что жертвы преступлений на почве ненависти могут быть среди представите- лей как меньшинства, так и большинства, (…)

призывает государства-участники: (…)

5. В сотрудничестве с соответствующими участниками процесса изучать возможности пре- доставления жертвам преступлений на почве ненависти доступа к консультативной, пра- вовой и консульской помощи, а также эффективного доступа к правосудию; (…)

8. Проводить информационно-просветительские кампании, в частности, при участии пра- воохранительных органов, ориентированные на общественность и группы гражданского общества, которые оказывают помощь жертвам преступлений на почве ненависти; (…)

10. Рассмотреть возможность использования наработок БДИПЧ в сфере образования, про- фессиональной подготовки и повышения осведомленности общественности, с тем чтобы обеспечить применение всеохватывающего подхода к борьбе с преступлениями на почве ненависти;

11. Призывает государства-участники изыскивать возможности для сотрудничества и поиска на его основе решения проблемы все более широкого использования Интернета для про- пагандирования мнений, представляющих собой подстрекательство к насилию, мотиви- рованному предрассудками, в том числе в форме преступлений на почве ненависти, и тем самым ограничить вред, наносимый распространением таких материалов, обеспечивая при этом, чтобы любые надлежащие меры принимались в соответствии с обязательствами ОБСЕ, в частности, в отношении свободы выражения мнений; (…)

Астана, 2010 г.

7. На нашем пути остаются серьезные угрозы и вызовы. (…) Следует наращивать усилия по утверждению свободы религии и убеждений и по борьбе с нетерпимостью и дискри- минацией. (…)

Базель, 2014 г. (Декларация о наращивании усилий по борьбе с антисемитизмом)

Мы, члены Совета министров Организации по безопасности и сотрудничеству в Европе, напоминаем о состоявшейся в Берлине в 2004 году Конференции ОБСЕ по антисемитизму, на которой государства – участники ОБСЕ осудили все проявления антисемитизма и обя- зались прилагать совместные усилия по борьбе с антисемитизмом во всем регионе ОБСЕ.

290 5.3.1 Общие положения

Мы выражаем озабоченность по поводу антисемитских актов, которые с тревожной часто- той продолжают происходить в регионе ОБСЕ и по-прежнему остается вызовом стабиль- ности и безопасности.

Мы не приемлем и осуждаем проявления антисемитизм, нетерпимости и дискриминации в отношении евреев.

Мы напоминаем об обязательстве уважать права человека и основные свободы для всех без различия расы, пола, языка или религии, как провозглашено в положениях хельсинк- ского Заключительного акта 1975 года. (…)

Мы констатируем, что гражданское общество внесло существенный вклад в дело преду- преждения антисемитизма и реагирования на него, в том числе в форме активного участия в соответствующих мероприятиях ОБСЕ и связанных с ОБСЕ, и в частности в состоявшемся в 2014 году юбилейном мероприятии высокого уровня по случаю 10-й годовщины берлин- ской Конференции ОБСЕ по антисемитизму.

Мы подчеркиваем важное значение сотрудничества государств с гражданским обществом через эффективные партнерские связи и укрепление диалога и сотрудничества в деле борьбы с антисемитизмом.

Мы однозначно заявляем, что международные события, в том числе, касающиеся положе- ния на Ближнем Востоке, никак не могут служить оправданием антисемитизма.

Мы призываем политических, религиозных и общественных лидеров вести открытую дис- куссию в интересах борьбы с антисемитизмом и его предупреждения при полном уваже- нии основных свобод и прав человека.

Мы призываем государства-участники: • побуждать политических лидеров и общественных деятелей к незамедлительному высту- плению с твердыми заявлениями, когда происходят акты антисемитского характера; • содействовать осуществлению образовательных программ по борьбе с антисемитизмом и предоставлять молодежи возможности для получения образования в области прав человека, в частности, по теме антисемитизма; • наращивать усилия по выполнению существующих в рамках ОБСЕ обязательств, каса- ющихся мониторинга преступлений на почве ненависти, и в частности на почве антисе- митизма, и сбора соответствующих данных; • проводить эффективное, незамедлительное и беспристрастное расследование актов наси- лия на почве антисемитизма и привлекать виновных к ответственности; 5 • продвигать и облегчать открытый и транспарентный межкультурный, межконфессио- нальный и межрелигиозный диалог и партнерские связи; • поощрять вовлечение религиозных общин и сообществ, объединенных едиными убежде- ниями, в общественные дискуссии по соответствующим законодательным инициативам;

мы призываем БДИПЧ: • предлагать государствам-участникам информацию о наиболее эффективных мерах про- тиводействия антисемитизму, в том числе посредством консультаций с гражданским

291 5.3.1 Общие положения

обществом, в целях эффективного выявления современных проявлений антисемитизма и противодействия им; • облегчать сотрудничество между государственными должностными лицами и граждан- ским обществом по вопросам, касающимся антисемитизма, включая преступления на почве ненависти и сохранение памяти о Холокосте; • оказывать государствам-участникам помощь в их усилиях по сбору данных о престу- плениях на почве ненависти антисемитского характера – в соответствующих случаях в сотрудничестве с гражданским обществом; • облегчать обмен между государствами-участниками примерами передового опыта в вопросах осуществления образовательных инициатив и других мер по повышению осведомленности об антисемитизме и преодолению трудностей в осуществлении про- светительской деятельности о Холокосте; • поощрять диалог и укреплять потенциал гражданского общества в культивировании вза- имного уважения и взаимопонимания, имея в виду содействовать укреплению сотруд- ничества между различными сообществами.

Мы привлекаем внимание к работе трех личных представителей по вопросам терпимости в порядке поддержки общих усилий ОБСЕ по борьбе с нетерпимостью и дискриминацией, в частности, в форме посещения ими различных стран, подготовки по итогам поездок реко- мендаций и представления докладов Постоянному совету ОБСЕ.

Мы побуждаем государства-участники разработать тексты деклараций Совета министров о наращивании усилий по борьбе с нетерпимостью и дискриминацией, в частности, в отно- шении мусульман, христиан и адептов других религий.

решительно осуждая проявления нетерпимости, в том числе на основе религии или убежде- ний, вновь заявляя о стремлении государств-участников способствовать обеспечению тер- пимости и недискриминации, взаимного уважения и взаимопонимания в их обществах, и вновь подтверждая свое обязательство поощрять и защищать права человека и основ- ные свободы, включая свободу выражения мнений и свободу мысли, совести, религии и убеждений,

выражая глубокую озабоченность тем фактом, что некоторые серьезные преступления, совершенные террористами или террористическими группами, включая иностранных боевиков-террористов, были направлены против лиц и групп, исходя из их этнического происхождения, религии или убеждений, и отмечая роль, которую дискриминация и нетер- пимость могут играть в разжигании насильственного экстремизма и радикализации, веду- щих к терроризму,

подчеркивая обязательство государств-членов принимать меры, необходимые для защиты каждого, кто находится под их юрисдикцией, от террористических актов, и решительно бороться с терроризмом и иностранными боевиками-террористами, (…) в поддержку наших соответствующих обязательств в рамках ОБСЕ и в соответствии с применимыми обяза- тельствами по международному праву, включая международное право прав человека, меж- дународное беженское и международное гуманитарное право,

292 5.3.2 Международные документы

5.3.2 Международные документы

Копенгаген, 1990 г.

(40) (…) [Государства-участники] (…) (40.6) рассмотрят вопрос о присоединении, если они этого еще не сделали, к международ- ным инструментам, в которых рассматривается проблема дискриминации, и будут обеспе- чивать полное выполнение взятых по ним обязательств, включая обязательства, касающиеся представления периодических докладов; (40.7) рассмотрят также вопрос о признании тех международных механизмов, которые позволяют государствам и отдельным лицам направлять сообщения, касающиеся дискри- минации, в международные органы.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

[Государства-участники]

(32) изучат возможности соблюдения Международной конвенции о ликвидации всех форм расовой дискриминации, если они еще не сделали этого.

София, 2004 г. (Декларация министров о шестидесятой годовщине окончания второй мировой войны)

(…) Мы подтверждаем свою приверженность принятой 9 декабря 1948 года Конвенции ООН о предупреждении преступления геноцида и наказании за него (…)

5.3.3 Законодательство и применение законов и политики

Копенгаген, 1990 г.

(40) (…) [Государства-участники] (…) (40.1) – будут принимать эффективные меры, включая, в соответствии с их конституцион- ными системами и их международными обязательствами, принятие таких законов, которые могут быть необходимы для обеспечения защиты от любых актов, которые представляют собой подстрекательство к насилию против лиц или групп, основанное на национальной, расовой, этнической или религиозной дискриминации, враждебности или ненависти, вклю- чая антисемитизм; (…) 5 (40.3) – будут принимать эффективные меры в соответствии с их конституционными систе- мами, на национальном, региональном и местном уровнях для содействия взаимопонима- нию и терпимости, особенно в областях образования, культуры и информации; (…) (40.5) – признавать право каждого лица на эффективные средства правовой защиты и будут стремиться признавать, в соответствии с национальным законодательством, право заинте- ресованных лиц и групп выступать с жалобами и поддерживать жалобы по поводу актов дискриминации, включая акты расизма и ксенофобии.

293 5.3.3 Законодательство и применение законов и политики

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

[Государства-участники]

(33) Изучат возможность принятия в рамках своих конституционных систем и в соответ- ствии с их международными обязательствами соответствующих мер, которые обеспечивали бы для всех лиц, находящихся на их территории, защиту от дискриминации по расовым, этническим и религиозным признакам, а также защищали бы всех лиц, включая иностран- цев, от актов насилия, в том числе по любому из этих признаков. Кроме того, они будут в полной мере использовать свои внутренние юридические процедуры, включая обеспе- чение соблюдения существующих законов в этом отношении. (…)

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

25. Государства-участники осуждают проявления нетерпимости, особенно – агрессивного национализма, расизма, шовинизма, ксенофобии и антисемитизма, и будут оказывать даль- нейшее содействие эффективным мерам, направленным на их искоренение (…) Они будут стремиться укрепить или принять надлежащее законодательство на этот счет и осущест- влять необходимые меры для обеспечения эффективного применения существующего зако- нодательства таким образом, чтобы предотвратить проявления этих явлений. Они также подчеркивают, что действия по борьбе с этими явлениями должны рассматриваться как составная часть политики и просвещения, ориентированных на интеграцию.

Порту, 2002 г. (V. Решение № 6 Толерантность и недискриминация)

Совет министров,

9. Призывает соответствующие органы государств-участников оперативно и беспристрастно расследовать акты насилия, особенно в случаях, когда имеются разумные основания подо- зревать, что они были мотивированы агрессивным национализмом, расизмом, шовинизмом, ксенофобией, антисемитизмом и воинствующим экстремизмом, а также мотивированные ненавистью выпады против той или иной религии либо тех или иных убеждений и подвер- гать виновных судебному преследованию в соответствии с внутренним законодательством и с соблюдением соответствующих международных стандартов в области прав человека; (…)

Маастрихт, 2003 г. (Приложение к Решению № 3/03, План действий по улучшению положения рома и синти в регионе ОБСЕ)

В целях противодействия предубеждению (…) и эффективной выработки и реализации политики борьбы с дискриминацией и насилием на расовой почве рекомендуются следу- ющие действия:

Законодательство и правоохранительная деятельность

Рекомендуемые действия государств-участников:

294 5.3.3 Законодательство и применение законов и политики

9. Антидискриминационное законодательство должно предусматривать: • запрет как прямой, так и косвенной расовой дискриминации; • введение эффективных и пропорциональных санкций, достаточных для предупрежде- ния актов или практики дискриминации; • применение более строгих мер наказания за преступления на расовой почве, совершае- мые как частными лицами, так и государственными чиновниками; • равный доступ к эффективной средствам правовой защиты (судебным или администра- тивным процедурам, процедурам примирения или посредничества).

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров, (…)

6. (…) Признавая важное значение законодательства для борьбы с преступлениями на почве ненависти, государства-участники будут информировать БДИПЧ об имеющемся законода- тельстве относительно преступлений, мотивированных нетерпимостью и дискриминацией, и в соответствующих случаях обращаться к БДИПЧ за помощью в разработке и пересмо- тре такого законодательства; (…) 5

295 5.3.3 Законодательство и применение законов и политики

постановляет следующее:

1. Государства-участники обязуются: • рассмотреть вопрос о принятии или, соответственно, усилении законодательства, запрещающего дискриминацию по признаку расы, цвета кожи, пола, языка, религии, политических или иных взглядов, национального или социального происхождения, иму- щественного, сословного или иного положения, а также подстрекательство к совершению преступлений на почве ненависти, мотивируемой этими признаками; (…) • рассмотреть вопрос об организации учебных программ для должностных лиц правоох- ранительных и судебных органов, посвященных законодательству, касающемуся престу- плений на почве ненависти, и обеспечению его применения;

Постоянный совет, (…)

постановляет: (…)

2. Государства-участники должны расследовать случаи насилия и носящих преступный характер угроз его применения, мотивированных расистскими, ксенофобскими, антисемит- скими или иными связанными с этим предрассудками, распространяемыми через Интер- нет, и при необходимости обеспечивать преследование виновных по всей строгости закона;

3. Государствам-участникам следует обеспечивать профессиональную подготовку сотруд- ников правоохранительных органов, а также прокуроров, по вопросам, касающимся пре- ступлений, мотивированных расистскими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками, распространяемым через Интернет, а также предо- ставлять друг другу в рамках обмена примерами наилучшей практики информацию об успешных программах такой подготовки;

296 5.3.3 Законодательство и применение законов и политики

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

7. Постановляет содействовать укреплению возможностей правоохранительных органов путем профессиональной подготовки и составления руководств о наиболее эффективном и уместном способе реагирования на преступления, связанные с предубеждениями, рас- ширять позитивное взаимодействие между полицией и жертвами и поощрять сообщение жертвами о преступлениях на почве ненависти, например, путем обучения рядовых сотруд- ников, осуществления интерактивных программ по улучшению отношений между поли- цией и населением и обучения в области обеспечения принятия к рассмотрению дел для оказания помощи жертвам и их защиты; (…) 5

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…) признавая роль национальных парламентов, которые принимают законодательство о борьбе с преступлениями на почве ненависти и проявлениями дискриминации (…),

297 5.3.3 Законодательство и применение законов и политики

(…) признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов, в частности, в таких областях, как законодательство, правоприменитель- ная деятельность, (…) с тем чтобы эффективно бороться со всеми формами дискриминации, (…)

2. Подчеркивает сохраняющуюся необходимость того, чтобы государства- участники (…) наладили подготовку соответствующих сотрудников правоохранительных структур (…); (…)

8. Рекомендует государствам-участникам наладить обмен лучшей практикой в рамках сво- его законодательства (…) котор[ая] содейству[е]т формированию общества, открытого для участия каждого, на основе уважения культурного и религиозного многообразия, прав человека и демократических принципов. (…)

Афины, 2009 г. (Решение № 9/09 Борьба с преступлениями на почве ненависти)

Совет министров, (…)

призывает государства-участники: (…)

2. Принять в случае необходимости специальный и целенаправленный закон о борьбе с преступлениями на почве ненависти, предусматривающий эффективные меры наказа- ния, которые учитывали бы тяжесть таких преступлений; (…)

4. Внедрять или совершенствовать мероприятия по профессиональной подготовке и созда- нию потенциала, ориентированные на должностных лиц правоохранительных, прокурор- ских и судебных структур, занимающихся преступлениями на почве ненависти;

6. Безотлагательно расследовать преступления на почве ненависти и обеспечивать, чтобы мотивы, которыми руководствовались лица, приговоренные к наказанию за преступления на почве ненависти, получили соответствующую оценку и публичное осуждение со сто- роны соответствующих органов власти и политического руководства;

7. Обеспечивать в надлежащих случаях сотрудничество на национальном и международ- ном уровнях, в том числе с соответствующими международными органами и между поли- цейскими службами, в деле борьбы с организованной насильственной преступностью на почве ненависти;

298 5.3.4 Сбор информации и наблюдение

Базель, 2014 г. (Декларация о наращивании усилий по борьбе с антисемитизмом)

Мы призываем государства-участники:

проводить эффективное, незамедлительное и беспристрастное расследование актов наси- лия на почве антисемитизма и привлекать виновных к ответственности;

5.3.4 Сбор информации и наблюдение

Женева, 1991 г. (VI)

Кроме того, с целью более полного осознания общественностью предрассудков и ненависти, совершенствования соблюдения законов о преступлениях, связанных с ненавистью, а также с целью осуществления иных дальнейших усилий по преодолению ненависти и предрассуд- ков в обществе, [государства-участники] будут прилагать усилия с целью сбора, издания на регулярной основе и предоставления в распоряжение общественности данных о престу- плениях на своих соответствующих территориях, в основе которых лежат предрассудки в отношении расы, этнического происхождения или религии, включая руководящие прин- ципы, используемые для сбора таких данных. Эти данные не должны содержать информа- ции о конкретных лицах.

Стамбул, 1999 г. (Хартия европейской безопасности: IV. Наши общие инструменты)

44. Мы будем работать в целях укрепления роли ОБСЕ в деятельности, связанной с функ- циями гражданской полиции (…) Такая деятельность может включать: • полицейский мониторинг, в том числе с целью недопущения таких действий со стороны полиции, как дискриминация по религиозному и этническому признакам; (…) • создание полицейской службы, объединяющей в своем составе представителей разных этнических групп и/или вероисповеданий и способной заслужить доверие всего насе- ления;

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности 5 и стабильности в XXI веке)

41. Будет полностью задействован потенциал БДИПЧ в области наблюдения, а оперативное взаимодействие с другими органами по наблюдению в таких областях, как сбор данных, обмен информацией и совместный анализ, будет развиваться в целях составления макси- мально полной картины происходящего. Это позволит ОБСЕ эффективно сосредоточивать работу на самых приоритетных направлениях.

299 5.3.4 Сбор информации и наблюдение

Маастрихт, 2003 г. (Решение № 4/03 Толерантность и недискриминация)

Совет министров, (…)

6. Побуждает все государства-участники собирать и хранить надежную информацию и ста- тистические данные о преступлениях на почве ненависти, включая формы воинствующего проявления расизма, ксенофобии, дискриминации и антисемитизма, как это обсуждалось и было рекомендовано в ходе вышеупомянутых конференций (…)

Постоянный совет, (…)

в целях наращивания наших совместных усилий по борьбе с антисемитизмом во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются: • собирать и хранить заслуживающую доверия информацию и статистические данные о совершаемых на их территории антисемитских и иных преступлениях на почве нена- висти, периодически доводить эту информацию до сведения Бюро ОБСЕ по демокра- тическим институтам и правам человека (БДИПЧ) и предоставлять ее в распоряжение общественности;

Постоянный совет, (…)

с целью наращивания наших общих усилий в борьбе с проявлениями нетерпимости во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются: (…) • собирать и хранить заслуживающую доверия информацию и статистические данные о совершаемых на их территории преступлениях на почве ненависти, мотивированных расизмом, ксенофобией и связанными с ними дискриминацией и нетерпимостью, пери- одически передавать такую информацию Бюро ОБСЕ по демократическим институтам и правам человека (БДИПЧ) и предоставлять эту информацию в распоряжение обще- ственности;

300 5.3.4 Сбор информации и наблюдение

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

11. Побуждает государства-участники развивать усилия по выполнению своих обязательств в области сбора и поддержания достоверных данных и статистики в области преступлений на почве ненависти, что жизненно необходимо для формулирования эффективной поли- тики и выделения надлежащих ресурсов на противодействие действиям на почве ненави- сти, и в этом контексте предлагает также государствам-участникам содействовать развитию возможностей гражданского общества по внесению вклада в мониторинг и отчетность о действиях, мотивированных ненавистью, и оказывать помощь жертвам преступлений на почве ненависти; (…)

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию) 5

Совет министров, (…)

признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов, в частности, в таких областях, как (…) сбор данных и мониторинг пре- ступлений на почве ненависти (…) с тем чтобы эффективно бороться со всеми формами дискриминации,

301 5.3.4 Сбор информации и наблюдение

(…)

2. Подчеркивает сохраняющуюся необходимость того, чтобы государства- участники обеспе- чивали сбор и хранение достоверных данных и статистических сведений о преступлениях на почве ненависти и их проявлениях, наладили подготовку соответствующих сотрудни- ков правоохранительных структур и укрепляли сотрудничество с гражданским обществом; (…)

Афины, 2009 г. (Решение № 9/09 Борьба с преступлениями на почве ненависти)

Совет министров, (…)

признавая потребность в более последовательных, всеобъемлющих и сопоставимых дан- ных о преступлениях на почве ненависти, на которые, в частности, обращается внимание в докладе БДИПЧ, (…)

призывает государства-участники:

1. Собирать, хранить и обнародовать достоверные сведения и достаточно подробные ста- тистические данные о преступлениях на почве ненависти и насильственных проявлениях нетерпимости, включая число случаев, доведенных до сведения правоохранительных орга- нов, число возбужденных дел и вынесенных приговоров. В тех случаях когда законы о кон- фиденциальности личных данных налагают ограничения на сбор сведений о жертвах, государствам следует рассмотреть возможность применения методов сбора данных, кото- рые отвечают требованиям таких законов; (…)

3. Принимать надлежащие меры для поощрения жертв к сообщению о преступлениях на почве ненависти, признавая то, что сокрытие сведений о преступлениях на почве ненави- сти мешает государствам в разработке эффективной политики. В этой связи им следует рассмотреть возможность в качестве дополнительных шагов прибегать к методам, кото- рые способствуют внесению гражданским обществом вклада в борьбу с преступлениями на почве ненависти; (…)

9. Назначить, если они еще не сделали этого, национальный контактный пункт по борьбе с преступлениями на почве ненависти, с тем чтобы он периодически доводил до сведения БДИПЧ достоверную информацию и статистические данные о преступлениях на почве ненависти; (…)

302 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

Базель, 2014 г. (Декларация о наращивании усилий по борьбе с антисемитизмом)

Мы призываем государства-участники:

наращивать усилия по выполнению существующих в рамках ОБСЕ обязательств, касаю- щихся мониторинга преступлений на почве ненависти, и в частности на почве антисеми- тизма, и сбора соответствующих данных;

мы призываем БДИПЧ:

5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

Хельсинки, 1975 г. (Вопросы, относящиеся к безопасности в Европе: 1. (b) Вопросы, относящиеся к претворению в жизнь некоторых из принципов, изложенные выше)

(i) Государства-участники, (…)

заявляют, что они будут уважать и выполнять в их отношениях друг с другом, в том числе следующие положения, которые находятся в соответствии с Декларацией принципов, кото- рыми государства-участники будут руководствоваться во взаимных отношениях: (…) • Содействовать всеми средствами, которые каждое из них сочтет подходящими, созда- нию атмосферы доверия и уважения между народами, отвечающей их обязанности воз- держиваться от пропаганды агрессивных войн или любого применения силы или угрозы силой, несовместимыми с целями Объединенных Наций и с Деклараций принципов, которыми государства-участники будут руководствоваться во взаимных отношениях, против другого государства-участника.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(16) С целью обеспечить свободу личности и исповедовать религию или веру государства-у- частники будут, среди прочего: (…) 5 (16.2) способствовать климату взаимной терпимости и уважения между верующими раз- личных объединений, а также между верующими и неверующими;

Вена, 1989 г. (Сотрудничество в гуманитарных и других областях; Сотрудничество и обмены в области культуры)

(61) Должным образом учитывая своеобразие и разнообразие их соответствующих куль- тур, они будут поощрять усилия, направленные на изучение общих черт и обеспечение лучшего понимания своего культурного наследия. Соответственно они будут поощрять инициативы, которые могут способствовать улучшению знаний о культурном наследии

303 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

других государств-участников во всех его формах, включая региональные аспекты и народ- ное творчество.

Копенгаген, 1990 г.

(36) (…) Каждое государство-участник будет содействовать климату взаимного уважения, понимания, сотрудничества и солидарности между всеми лицами, проживающими на его территории, без различия этнического или национального происхождения или религии и будут поощрять решение проблем с помощью диалога, основанного на принципах вер- ховенства закона. (…)

(40) (…) [Государства-участники] (…) (40.3) – будут принимать эффективные меры в соответствии с их конституционными систе- мами, на национальном, региональном и местном уровнях для содействия взаимопонима- нию и терпимости, особенно в областях образования, культуры и информации; (40.4) – будут стремиться обеспечивать, чтобы в рамках задач по образованию уделялось особое внимание проблеме расовых предрассудков и ненависти и укреплению уважения к различным цивилизациям и культурам.

Париж, 1990 г. (Новая эра демократии, мира и единства)

Краков, 1991 г. (Преамбула)

Государства-участники уважают незаменимую самобытность всех своих культур и будут стремиться содействовать непрерывному культурному диалогу между собой и с другими странами мира. Они вновь подтверждают свою убежденность в том, что уважение куль- турного многообразия способствует взаимопониманию и проявлению терпимости отдель- ных людей и их групп.

Они считают, что региональные аспекты культуры должны сами по себе служить факто- ром взаимопонимания между людьми.

304 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

II. Культура и наследие

III. Основные области сохранения и сотрудничества

27. Учитывая важную роль, которую региональные аспекты культуры могут играть в форми- ровании связей между людьми за пределами национальных границ, государства-участники будут способствовать региональному сотрудничеству на уровне местных и национальных властей, а также неправительственных организаций с целью установления добрососед- ских отношений. (…)

31. Государства-участники будут стремиться к сохранению и охране таких памятников и памятных мест, включая наиболее известные концентрационные лагеря, а также соответ- ствующие архивы, которые свидетельствуют о трагических событиях нашего общего про- шлого. Такие шаги необходимо предпринять с тем, чтобы эти события остались в памяти, способствовали ознакомлению с ними настоящих и будущих поколений и чтобы таким образом можно было гарантировать, что они никогда не повторятся.

32. Разъяснение значения вызывающих особые чувства памятных мест с учетом социаль- ного и культурного разнообразия может служить в качестве важного средства формиро- вания терпимости и взаимопонимания между людьми.

Женева, 1991 г. (VI)

[Государства-участники] будут принимать эффективные меры для поощрения терпимости, взаимопонимания и равенства возможностей, и добрых взаимоотношений между имею- 5 щими различное происхождение отдельными лицами в пределах их страны.

Москва, 1991 г.

(38.1) [Государства-участники] осуждают все акты дискриминации по признаку расы, цвета кожи и этнического происхождения, нетерпимости и ксенофобии в отношении трудящих- ся-мигрантов. Они будут принимать в соответствии с национальным законодательством и международными обязательствами эффективные меры для поощрения терпимости,

305 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

понимания, равенства возможностей и уважения основных прав человека трудящихся-ми- грантов (…)

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

12. (…) Экономический спад, социальная напряженность, агрессивный национализм, нетер- пимость, ксенофобия и этнические конфликты угрожают стабильности в регионе СБСЕ (…)

Для формирования демократических и плюралистических обществ, обеспечивающих все- стороннюю защиту многообразия и его уважение на практике, сделать предстоит еще мно- гое. Вследствие этого мы отвергаем расовую, этническую и религиозную дискриминацию в любой форме. Свободе и терпимому отношению необходимо учиться, и их надо приме- нять на практике.

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(34) Изучат возможность разработки программ по созданию условий для развития прин- ципов недискриминации и углубления взаимопонимания между представителями раз- личных культур, упор в рамках которых будет сделан на просветительскую деятельность в области прав человека, мероприятия, сориентированные на рядовых граждан, а также на обучение и исследования в области культурного многообразия.

Рим, 1993 г. (Решения: IV. Человеческое измерение)

1. (…) С тревогой осознавая, что коренные причины напряженности кроются в истори- ческих предрассудках, министры призвали предпринять усилия, в частности, в рамках просветительской деятельности, направленные на воспитание терпимости и осознание принадлежности к системе общих ценностей. Министры особо отметили, что выполне- ние обязательств в области человеческого измерения должно занимать центральное место в усилиях СБСЕ по предотвращению конфликтов.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

19. (…) Мы осуждаем насилие в отношении любого меньшинства. Мы обязуемся принимать меры по воспитанию терпимости и построению плюралистических обществ, где всем, неза- висимо от их этнического происхождения, обеспечено полное равенство возможностей.

306 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

Бухарест, 2001 г. (Решение № 5)

Совет министров, (…)

призывает государства-участники способствовать терпимости и недопущению дискрими- нации (…) с помощью кампаний по повышению осведомленности и посредством просве- тительской работы; (…)

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

21. Признают положительную роль, которую средства массовой информации могут играть в пропаганде толерантности и взаимопонимания между представителями различных рели- гий, убеждений, культур и народов (…)

Порту, 2002 г. (Решение № 6 Толерантность и недискриминация)

Совет министров,

(…) вновь заявляя, что демократия и защита прав человека и основных свобод являются важнейшими гарантиями толерантности и недискриминации и важными факторами ста- бильности, безопасности, сотрудничества и мирного развития в масштабах всего региона ОБСЕ и что в свою очередь толерантность и недискриминация являются важными элемен- тами утверждения прав человека,

напоминая о постоянной работе, ведущейся структурами и институтами ОБСЕ в области поощрения прав человека, толерантности, недискриминации и многообразия культур, в частности, в рамках совещаний и мероприятий, проектов и программ в области челове- ческого измерения, в том числе проводимых государствами-участниками, 5

подчеркивая позитивную роль поликультурного и межконфессионального диалога в углу- блении взаимопонимания между странами и народами,

307 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

признавая, что государства-участники ответственны за утверждение толерантности и недискриминации, (…)

1. (…) (b) обязуется и далее развивать поликультурный, межэтнический и межконфессио- нальный диалог, в котором будет приветствоваться активное участие правительств и граж- данского общества; (…)

4. Обязуется принять, соблюдая требования соответствующих конституционных систем, надлежащие меры на национальном, региональном и местном уровне по утверждению толе- рантности и недискриминации, а также по борьбе с предрассудками и искажением фактов, особенно в сфере образования, культуры и информации;

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

40. Усилия ОБСЕ будут, в частности, ориентированы на молодежь, с тем, чтобы воспиты- вать у нее понимание необходимости проявлять толерантность, а также важности прими- рения и мирного существования. Мировоззрение молодежи и ее представления о будущем имеют ключевое значение. В соответствующих случаях ОБСЕ будет поэтому принимать на себя более весомую роль в области образования. Особого внимания заслуживает такое направление, как пропаганда прав человека.

Постоянный совет, (…)

в целях наращивания наших совместных усилий по борьбе с антисемитизмом во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются: • по мере необходимости способствовать реализации образовательных программ, направ- ленных на противодействие антисемитизму; • способствовать сохранению памяти о трагедии холокоста и, по мере необходимости, про- свещению в этой области, а также осознанию важности уважительного отношения ко всем этническим и религиозным группам; (…)

308 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

1. Государства-участники обязуются: (…) • поддерживать и, при необходимости, наращивать просветительские программы, нацелен- ные на воспитание толерантности и борьбу с расизмом, ксенофобией и дискриминацией; • поддерживать и облегчать открытый и транспарентный межконфессиональный и меж- культурный диалог и партнерство в интересах толерантности, взаимного уважения и взаимопонимания • поощрять пропаганду толерантности, диалога, взаимного уважения и взаимопонимания в средствах массовой информации, включая Интернет; (…)

Любляна, 2005 г. (Решение № 2/05 Миграция)

Совет министров,

вновь подтверждая обязательства, касающиеся миграции, и в частности рабочих-мигран- тов, а также другие обязательства в этой области (…) (…)

признавая (…) что успешная политика интеграции, предполагающая, в частности, ува- жение культурного и религиозного многообразия и поощрение и защиту прав человека и основных свобод, является фактором укрепления стабильности и общественного согла- сия в наших странах,

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров,

отмечая, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой в ОБСЕ всеобъемлющей концепции безопасности, (…)

подчеркивая необходимость последовательно и недвусмысленно выступать против актов 5 и проявлений ненависти, в частности в политических высказываниях, и действовать в защиту терпимости, взаимного уважения и понимания,

309 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

отмечая вклад трех личных представителей Действующего председателя в общие усилия ОБСЕ по борьбе с дискриминацией и содействию терпимости, взаимному уважению и пони- манию, а также по повышению осведомленности в этой области, (…)

2. Приветствует разработку Программы БДИПЧ по вопросу о терпимости и недискрими- нации;

5. Постановляет, что государства-участники при выполнении своих обязательств, направ- ленных на содействие терпимости и недискриминации, будут концентрировать свою дея- тельность на таких областях, как, в частности, законодательство, правоохранительная деятельность, образование, средства массовой информации, сбор данных, миграция и инте- грация, религиозные свободы, межкультурный и межконфессиональный диалог, и обязу- ются: (…) 5.3 поощрять реализацию государственных и частных образовательных программ, содей- ствующих терпимости и недискриминации, повышать осведомленность общественности о существовании и недопустимости нетерпимости и дискриминации и рассмотреть в этой связи вопрос об использовании экспертных услуг и помощи БДИПЧ в целях разработки методики и учебных программ для просветительской деятельности по вопросам терпи- мости, включая: • борьбу с расовыми предрассудками и ненавистью, ксенофобией и дискриминацией; • просвещение и память о Холокосте, а также о других актах геноцида, признанных тако- выми в соответствии с Конвенцией 1948 года о предупреждении преступления геноцида и наказании за него, и преступлениях против человечности; • просвещение в отношении антисемитизма в целях обеспечения систематического под- хода к образованию, в том числе разработку учебных программ, посвященных современ- ным формам антисемитизма в государствах-участниках; • борьбу с предрассудками, нетерпимостью и дискриминацией в отношении христиан, мусульман и представителей других религий; (…) 5.6 продолжать, при поддержке в случае необходимости соответствующих структур и инсти- тутов ОБСЕ и ее операций на местах, заниматься проблемой миграции и интеграции с уче- том культурного и религиозного многообразия в рамках общих усилий ОБСЕ по содействию терпимости, взаимному уважению и пониманию и борьбе с дискриминацией, а также поощ- рению уважения прав человека и основных свобод;

310 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

(…)

7. Постановляет внести соответствующий вклад в инициативу «Альянс цивилизаций» путем развития межкультурного и межконфессионального диалога и содействия взаим- ному пониманию и уважению, а также правам человека на всем пространстве ОБСЕ и в этой связи поручает: 7.1 Действующему председателю ОБСЕ проинформировать Генерального секретаря Орга- низации Объединенных Наций о настоящем решении и заинтересованности ОБСЕ в под- держке инициативы «Альянс цивилизаций»; 7.2 Генеральному секретарю, используя экспертный потенциал структур и институтов ОБСЕ, в частности БДИПЧ, обеспечить в сотрудничестве с государствами-участниками вклад ОБСЕ в инициативу «Альянс цивилизаций» и представить его вниманию Группы высокого уровня Альянса цивилизаций к концу июня 2006 года.

Брюссель, 2006 г. (Заявление Совета министров по миграции)

(…)

5. В связи с ростом явления миграции как по уровню, так и по степени сложности, мы при- зываем все соответствующие институты и структуры ОБСЕ, в рамках их существующих мандатов, продолжать свою работу по вопросам миграции и интеграции во всех трех изме- рениях, в частности по вопросу потенциального вклада миграции в процесс устойчивого развития и совместного развития; содействовать интеграции с учетом культурного и рели- гиозного многообразия; решать проблемы вынужденной миграции при уважении соот- ветствующих международно-правовых обязательств и бороться с незаконной миграцией, а также эксплуатацией, дискриминацией, злоупотреблениями и проявлениями расизма по отношению к мигрантам, уделяя особое внимание женщинам и детям; и содействовать диалогу, партнерству и сотрудничеству между государствами-участниками ОБСЕ и пар- тнерами по сотрудничеству в вопросах, связанных с миграцией. (…)

Совет министров, (…)

признавая, что проявления дискриминации и нетерпимости угрожают безопасности отдель- ных лиц и единству общества и могут привести к более широкомасштабным конфликтам 5 и насилию,

отмечая, что содействие культуре взаимного уважения, понимания и равенства и обеспе- чение равных возможностей для эффективного участия в демократических обществах тре- буют системного, всеобъемлющего и долгосрочного подхода,

будучи глубоко обеспокоен расистскими, ксенофобскими и дискриминационными публич- ными выступлениями,

311 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

вновь подтверждая необходимость в проявлении государствами-участниками решимо- сти в борьбе со всеми актами и проявлениями ненависти, в том числе преступлениями на почве ненависти, признавая, что усилия, необходимые для борьбы с ними, часто требуют общего подхода, и признавая одновременно своеобразие проявлений и исторического фона каждой формы, (…)

признавая работу трех личных представителей Действующего председателя в поддержку общих усилий ОБСЕ по борьбе с нетерпимостью и дискриминацией и стремясь к рассмо- трению Действующим председателем их вклада в эти общие усилия в ходе 2007 года в кон- сультации с государствами-участниками,

будучи встревожен любым усилением политических партий, движений и групп, пропа- гандирующих насилие,

2. Поручает Постоянному совету рассмотреть пути дальнейшего укрепления эффективно- сти, единообразия и последовательности в работе ОБСЕ в области борьбы с нетерпимостью и дискриминацией и содействия взаимному уважению и пониманию, начиная с 2007 года, в целях более эффективного выполнения обязательств;

4. Обязуется повышать осознание ценности культурного и религиозного многообразия как источника взаимного обогащения обществ и признавать значение интеграции в отноше- нии культурного и религиозного многообразия в качестве ключевого элемента, содейству- ющего взаимному уважению и пониманию;

5. Призывает государства-участники бороться с коренными причинами нетерпимости и дискриминации, поощряя развитие всеобъемлющей политики и стратегий внутреннего образования, а также путем укрепления мер просвещения, которые: • содействуют большему пониманию и уважению различных культур, этносов, религий и вероисповеданий; • направлены на предупреждение нетерпимости и дискриминации, в том числе против христиан, евреев, мусульман и членов других религий; • содействуют просвещению и памяти о трагедии Холокоста, а также о других актах гено- цида, признанных таковыми в соответствии с Конвенцией 1948 года по предупрежде- нию преступления геноцида и наказании за него и преступлениях против человечности;

312 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

6. Признает важный вклад, который молодежь может внести в борьбу с нетерпимостью и дискриминацией, и поощряет продолжение дальнейшего развития наилучшей практики, такой как просвещение в области прав человека с молодости во всем регионе ОБСЕ (…) (…)

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…) признавая важную роль, которую молодежь может играть в укреплении взаимного уваже- ния и понимания между представителями различных культур и религий, тем самым содей- ствуя продвижению демократии, прав человека и основных свобод (…), (…) признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов, в частности, в таких областях, как (…) образование (…) и конструк- тивная общественная дискуссия, а также содействие межкультурному диалогу, с тем чтобы эффективно бороться со всеми формами дискриминации, (…)

3. Призывает содействовать выполнению программ в области образования в государствах-у- 5 частниках, с тем чтобы повышать осведомленность молодежи о ценности взаимного ува- жения и понимания; (…)

5. (…) подчеркивает (…) необходимость в полной мере использовать возможности, открыва- емые Интернетом, для продвижения демократии, прав человека и воспитания терпимости; (…)

313 5.3.5 Поощрение толерантности, понимания и уважения, включая уважение памяти

8. Рекомендует государствам-участникам наладить обмен лучшей практикой в рамках сво- его законодательства, стратегий и программ, которые содействуют формированию обще- ства, открытого для участия каждого, на основе уважения культурного и религиозного многообразия, прав человека и демократических принципов. (…)

Афины, 2009 г. (Решение № 9/09 Борьба с преступлениями на почве ненависти)

Совет министров, (…) признавая ту решающую роль, которую политические представители могут сыграть, взяв на себя лидерство в борьбе с нетерпимостью и дискриминацией и содействуя достижению взаимного уважения и понимания, (…)

Базель, 2014 г. (Декларация о наращивании усилий по борьбе с антисемитизмом)

Мы призываем государства-участники:

побуждать политических лидеров и общественных деятелей к незамедлительному высту- плению с твердыми заявлениями, когда происходят акты антисемитского характера; (…)

содействовать осуществлению образовательных программ по борьбе с антисемитизмом и предоставлять молодежи возможности для получения образования в области прав чело- века, в частности, по теме антисемитизма;

продвигать и облегчать открытый и транспарентный межкультурный, межконфессиональ- ный и межрелигиозный диалог и партнерские связи; (…)

поощрять вовлечение религиозных общин и сообществ, объединенных едиными убежде- ниями, в общественные дискуссии по соответствующим законодательным инициативам;

мы призываем БДИПЧ:

предлагать государствам-участникам информацию о наиболее эффективных мерах противо- действия антисемитизму, в том числе посредством консультаций с гражданским обществом, в целях эффективного выявления современных проявлений антисемитизма и противодей- ствия им;

314 5.3.6 Роль СМИ

5.3.6 Роль СМИ

Стамбул, 1999 г. (Декларация встречи на высшем уровне)

27. Мы обязуемся обеспечивать свободу средств массовой информации, являющуюся одним из основных условий существования плюралистических и демократических обществ. Мы глубоко обеспокоены злоупотреблением средствами массовой информации в зонах кон- фликтов для разжигания ненависти и межэтнической напряженности, а также исполь- зованием правовых ограничений и нападок, чтобы лишить граждан свободных средств массовой информации (…)

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

22. Обязуются бороться с пропагандой ненависти и принимать необходимые меры для недо- пущения злоупотребления средствами массовой информации и информационными тех- нологиями в террористических целях, обеспечивая соответствие таких мер внутреннему законодательству, международному праву и принятым в рамках ОБСЕ обязательствам;

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

37. (…) Полностью уважая свободу выражения мнений, ОБСЕ будет стремиться бороться с преступлениями на почве ненависти, разжигать которую может пропаганда расизма, ксе- нофобии и антисемитизма в Интернете.

с целью наращивания наших общих усилий в борьбе с проявлениями нетерпимости во всем регионе ОБСЕ

постановляет следующее:

1. Государства-участники обязуются:

315 5.3.6 Роль СМИ

(…) • поощрять пропаганду толерантности, диалога, взаимного уважения и взаимопонимания в средствах массовой информации, включая Интернет; (…)

Постоянный совет, (…)

постановляет:

1. Государствам-участникам следует предпринять меры к тому, чтобы Интернет оставался открытым и общедоступным форумом, обеспечивающим свободу мнений и свободу выра- жения, закрепленные во Всеобщей декларации прав человека, и способствовать расшире- нию доступа в Интернет как через домашние подключения, так и через учебные заведения;

5. Государствам-участникам следует конкретно изучить эффективность законов и других мер, регулирующих содержание Интернета, с точки зрения их влияния на число престу- плений, совершаемых на почве расизма, ксенофобии и антисемитизма;

6. Государствам-участникам следует поощрять и поддерживать аналитически строгие исследования, касающиеся возможной связи между расистскими, ксенофобскими и анти- семитскими высказываниями в Интернете и преступностью, мотивированной расист- скими, ксенофобскими, антисемитскими или иными связанными с этим предрассудками;

7. ОБСЕ будет способствовать обменам, имеющим целью нахождение эффективных подхо- дов к проблеме пропаганды расизма, ксенофобии и антисемитизма в Интернете, которые не ставили бы под угрозу свободу информации и свободу выражения. ОБСЕ будет создавать возможности для распространения информации о наилучшей практике, в частности в ходе ежегодных совещаний по оценке выполнения, посвященных человеческому измерению;

8. Государствам-участникам следует поощрять разработку программ, направленных на про- свещение детей и молодежи в отношении мотивированных расистскими, ксенофобскими,

316 5.3.6 Роль СМИ

антисемитскими или иными связанными с этим предрассудками, материалов, которые могут встречаться в Интернете. Кроме того, государства-участники и провайдеры интернет-ус- луг должны в соответствующих случаях предпринимать шаги по повышению осведомлен- ности родителей о широко распространенном программном обеспечении для фильтрации доступа, позволяющем родителям осуществлять более эффективный надзор и контроль за тем, как их дети пользуются Интернетом. Материалы об успешном опыте осуществления просветительских программ и применения средств фильтрации доступа должны широко популяризироваться в рамках обмена примерами наилучшей практики;

9. Государства-участники должны приветствовать продолжение и расширение усилий НПО по отслеживанию расистских, ксенофобских и антисемитских материалов в Интер- нете, а также усилия НПО по распространению и преданию огласке информации о полу- ченных результатах.

Любляна, 2005 г. (Решение № 10/05 Терпимость и недискриминация: содействие взаимному уважению и пониманию

Совет министров, (…)

Совет министров, 5 (…)

9. Признает ключевую роль, которую свободные и независимые СМИ могут играть в демо- кратических обществах, и то серьезное влияние, которое они могут оказывать в плане про- тиводействия или усугубления предубеждений, предрассудков, и в этом смысле поощряет принятие добровольных профессиональных стандартов журналистами, саморегулирова- ние СМИ и другие подходящие механизмы для обеспечения большего профессионализма, точности и приверженности этическим нормам среди журналистов; (…)

317 5.3.6 Роль СМИ

Мадрид, 2007 г. (Решение № 10/07 Терпимость и недискриминация: содействие взаимному уважению и пониманию)

Совет министров, (…)

признавая специфический характер различных форм нетерпимости и в то же время при- давая большое значение необходимости следования всеобъемлющему подходу и решения сквозных вопросов, в частности, в таких областях, как (…) СМИ и конструктивная обще- ственная дискуссия, (…) с тем чтобы эффективно бороться со всеми формами дискрими- нации, (…)

4. Вновь заявляет о признании той важной роли, которую свободные и независимые СМИ могут играть в демократическом обществе, и того большого влияния, которое они могут оказывать в направлении противодействия ошибочным воззрениям и предубеждениям или их усугубления, и в этом отношении продолжает рекомендовать принятие журналистами добровольных профессиональных норм, введение самоконтроля СМИ и других надлежа- щих механизмов, гарантирующих повышение профессионализма, достоверности и соблю- дения этических норм в журналистской среде;

19. (l) признать роль средств массовой информации в пропаганде плюралистических дис- куссий и поощрять профессионализм и добровольное саморегулирование в СМИ с целью воспитания терпимости к этническому, религиозному, языковому и культурному разноо- бразию и предупреждения насильственного экстремизма и радикализации, ведущих к тер- роризму, и противодействия им при уважении независимости и свободы средств массовой информации;

318 6. Обязательства, относящиеся к особым угрозам человеческой безопасности 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

Смотри также: II. 4.4: Беженцы, перемещенные лица и возвращающиеся лица, лица без гражданства II. 5.2: Равноправие мужчин и женщин II. 6.2: Предотвращение торговли людьми II. 7: Обязательства, относящиеся к международному гуманитарному праву

Москва, 1991 г.

[Государства-участники будут]

(40.7) стремиться покончить со всеми формами насилия в отношении женщин и со всеми формами торговли женщинами и эксплуатации женской проституции, в том числе путем принятия соответствующих юридических запретов в отношении подобных действий и дру- гих соответствующих мер.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

24. Мы будем принимать меры по (…) прекращению насилия в отношении (…) женщин, а также сексуальной эксплуатации... Для предотвращения подобных преступлений мы будем, среди прочего, содействовать принятию или укреплению законодательства для при- влечения виновных в таких действиях к ответственности и усиления защиты потерпевших.

Бухарест, 2001 г. (Решение № 8/01)

Совет министров, (…)

будучи убежден в способности женщин вносить вклад в предотвращение конфликтов, про- цессы примирения и миростроительства,

подтверждая приверженность защите и обеспечению прав женщин и сознавая уязвимость женщин, особенно в конфликтных и постконфликтных ситуациях,

будучи преисполнен решимости вести борьбу против всех форм насилия в отношении жен- щин, включая бытовое насилие,

признавая необходимость создания реабилитационных центров для женщин, подверг- шихся насилию, (…)

призывает к выполнению Плана действий по гендерным вопросам;

320 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

София, 2004 г. (Приложение к Решению № 14/04, План действий ОБСЕ 2004 года по поддержке гендерного равенства) • предпринимать, где это необходимо, дальнейшие действия по обеспечению своим граж- данам безопасных условий жизни и права на равную защиту в соответствии с законом, в частности, путем наращивания деятельности, направленной на ликвидацию всех форм насилия в отношении женщин (…) • поддерживать национальные и международные усилия по привлечению к ответственно- сти лиц, совершивших против женщин преступления, которые в соответствии с приме- нимыми нормами международного права квалифицируются как военные преступления или преступления против человечности, и обеспечивать исполнение действующего наци- онального законодательства о насилии в отношении женщин, а также, при необходимо- сти, разработку нового законодательства; • в соответствии с рекомендациями, изложенными в Руководящих принципах по вопро- сам международной защиты, касающимся преследования по гендерному признаку, в кон- тексте статьи 1А (2) Конвенции 1951 года о статусе беженцев и/или Протокола 1967 года к ней, касающегося статуса беженцев, ввести в государствах, которые еще не сделали этого, процедурную практику, обеспечивающую надлежащее рассмотрение ходатайств женщин в процессе определения статуса беженцев, а также уделение надлежащего вни- мания всему спектру жалоб на преследования на гендерной почве; (…)

Любляна, 2005 г. (Решение № 15/05 Недопущение и пресечение насилия в отношении женщин

Совет министров,

признавая, что уважение прав человека и основных свобод, демократии и верховенства закона занимает центральное место в принятой ОБСЕ всеобъемлющей концепции безо- пасности, (…)

вновь подтверждая, что государства обязаны проявлять должную предусмотрительность в целях предупреждения, расследования и наказания виновных в совершении актов насилия в отношении женщин и девочек и обеспечивать защиту потерпевшим и что неисполнение этого обязательства нарушает, ослабляет или сводит на нет их возможность пользоваться своими правами человека и основными свободами, (…)

будучи глубоко обеспокоенным тем, что особым образом затрагиваются или становятся уязвимыми перед насилием – и следовательно, нуждаются в защите – девочки и некоторые группы женщин, например женщины, принадлежащие к меньшинствам, женщины, отно- сящиеся к коренным народам, женщины-беженцы, женщины, являющиеся внутренними перемещенными лицами, женщины-мигранты, женщины, проживающие в сельских или отдаленных районах, женщины, лишенные средств к существованию, женщины, находя- щиеся в различных специальных учреждениях или содержащиеся под стражей, женщи- 6 ны-инвалиды, пожилые женщины, вдовы, женщины в ситуациях вооруженных конфликтов и женщины, которые подвергаются дискриминации по иным основаниям, в том числе на основании инфицированности ВИЧ,

321 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

(…)

выражая глубокую обеспокоенность сохраняющимся уровнем насилия в отношении жен- щин и девочек в регионе ОБСЕ, а также гуманитарными и политическими последствиями этого явления и признавая, что насилие в отношении женщин представляет собой угрозу безопасности человека,

1. Настоятельно призывает государства-участники принять при поддержке и содействии ОБСЕ все необходимые законодательные, политические и программные меры по мони- торингу и оценке в целях поощрения и защиты полного осуществления прав женщин, а также недопущения и пресечения всех форм насилия по гендерному признаку в отноше- нии женщин и девочек;

2. Призывает государства-участники соблюдать Конвенцию о ликвидации всех форм дискри- минации в отношении женщин и Конвенцию о правах ребенка, если они являются сторо- нами этих Конвенций, или если они еще этого не сделали, рассмотреть вопрос о ратификации этих конвенций или присоединении к ним; а также призывает государства, ратифициро- вавшие эти конвенции или присоединившиеся к ним, снять оговорки, противоречащие предмету и целям этих конвенций;

3. Призывает государства-участники рассмотреть вопрос о подписании и ратификации Протокола ООН о предупреждении и пресечении торговли людьми, особенно женщинами и детьми и наказании за нее, дополняющего Конвенцию ООН против транснациональной организованной преступности, Факультативного протокола о торговле детьми, детской проституции и детской порнографии, Конвенции о правах ребенка, а также, в надлежа- щих случаях, Конвенции Совета Европы о мерах против торговли людьми или о присое- динении к ним;

4. Выражает сожаление по поводу того, что женщины, являющиеся жертвами насилия, зача- стую остаются без защиты и помощи, и настоятельно призывает государства-участники: (i) гарантировать, чтобы всем женщинам, являющимся жертвами насилия, был обеспечен полный, равный и своевременный доступ к правосудию и эффективным средствам пра- вовой защиты; медицинской и социальной помощи, включая экстренную помощь; конфи- денциальному консультированию; и приютам; (ii) принять и применять законодательные меры, относящие насилие по гендерному прин- ципу к числу уголовно наказуемых деяний и предусматривающие адекватные меры пра- вовой защиты (iii) предоставлять своевременную физическую защиту и психологическую помощь жерт- вам, включая надлежащие меры охраны свидетелей; (iv) вести расследование и уголовное преследование в отношении виновных, соблюдая при этом требование о соответствующем обращении с ними; (v) содействовать полновесному участию женщин в деятельности судебных, прокурор- ских и правоохранительных органов и обеспечивать, чтобы занимающиеся соответствую- щими вопросами государственные чиновники были полностью обучены и ориентированы на распознавание, документирование и рассмотрение случаев насилия в отношении жен- щин и детей; (vi) удовлетворять особые потребности девочек, являющихся жертвами насилия, в защите и помощи;

322 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

5. Отмечает, что случаи насилия в отношении женщин и девочек часто остаются неизвест- ными и незарегистрированными и, соответственно, не отраженными надлежащим обра- зом в статистических данных, и предлагает государствам-участникам поддержать усилия по повышению осведомленности; предпринять существенные дополнительные усилия по сбору, анализу и распространению сопоставимой информации; и поддержать специализи- рованные НПО и исследования по данному вопросу;

6. Призывает государства-участники принять меры по укреплению экономической неза- висимости женщин, включая обеспечение недискриминационной политики и практики в области занятости, обеспечение равного доступа к образованию и профессиональной подготовке, равное возмещение за равный труд, расширение возможностей в сфере труда и образования, равный доступ к экономическим ресурсам и контроль над ними в целях снижения уязвимости женщин ко всем формам насилия, включая бытовое насилие и тор- говлю людьми;

7. Настоятельно призывает государства-участники принять все необходимые меры к недо- пущению насилия по гендерному признаку в отношении женщин и девочек во время и после вооруженных конфликтов и чрезвычайных ситуаций, включая привлечение к суду вино- вных в преступлениях, и принять специальные меры по удовлетворению потребностей женщин и девочек в постконфликтных условиях;

8. Отмечает включение преступлений по гендерному признаку в Римский статут Между- народного уголовного суда и в текст Элементов преступлений, принятых Ассамблеей госу- дарств – участников Римского статута в сентябре 2002 года, и определение обстоятельств, при которых такие преступления могут рассматриваться в качестве преступлений против человечности и/или военных преступлений;

9. Считает желательным распространение информации о соответствующих правовых пре- цедентах из практики существующих специальных международных уголовных трибуна- лов для бывшей Югославии и для Руанды и полное сотрудничество с этими судебными инстанциями;

10. Постановляет расширить сотрудничество ОБСЕ с надлежащими структурами Организа- ции Объединенных Наций, Совета Европы, Европейского союза и других международных организаций, а также с гражданским обществом и соответствующими неправительствен- ными организациями в целях содействия недопущению любых форм насилия в отноше- нии женщин и девочек и борьбы с ними;

11. Поручает Постоянному совету поощрять разработку соответствующими институтами и структурами ОБСЕ программ, проектов и политики, нацеленных на оказание помощи государствам-участникам по их просьбе в пресечении насилия в отношении женщин и дево- чек и оказании помощи пострадавшим;

12. Просит Генерального секретаря обратить особое внимание на освещение выполнения настоящего решения в ежегодном докладе Постоянному совету, посвященном Плану дей- ствий 2004 года по поддержке гендерного равенства.

323 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

Базель, 2014 г. (Решение № 7/14 Недопущение и пресечение насилия в отношении женщин)

Совет министров,

вновь подтверждая обязательство уважать права человека и основные свободы для всех без различия расы, пола, языка или религии, (…)

напоминая, что полное и равное осуществление женщинами своих прав человека является непременным условием формирования более мирного, процветающего и демократиче- ского пространства ОБСЕ и что государства – участники ОБСЕ обязуются сделать обеспе- чение равенства между мужчинами и женщинами неотъемлемой частью своей политики, (…)

призывает государства-участники принять следующие меры, связанные с пресечением и недопущением насилия в отношении женщин, в области развития правовой основы и партнерских отношений, предотвращения насилия в отношении женщин и уголовного преследования за него, а также защиты жертв;

призывает государства-участники обеспечить для всех женщин защиту и полное уважение прав человека и основных свобод;

решительно осуждает все формы насилия в отношении женщин и воздерживается от его оправдания, как указано в Декларации об искоренении насилия в отношении женщин;

(А) Правовая основа

1. Призывает государства-участники: • запрашивать, в случае необходимости, подготовленные БДИПЧ заключения о правовой и политической основе для предотвращения насилия в отношении женщин и борьбе с ним, включая бытовое насилие; • собирать, сохранять и обнародовать надежную, сопоставимую, подробную и всеобъем- лющую основанную на фактах информацию и статистические данные, касающиеся всех форм насилия в отношении женщин, включая сексуальное и бытовое насилие, обеспечи- вая соблюдение своих законов о защите данных, и включать информацию о количестве случаев, доведенных до сведения правоохранительных органов, количестве расследо- ванных случаев и случаев уголовного преследования, а также о вынесенных приговорах; • привести национальное законодательство в соответствие с принятыми ими междуна- родными стандартами в этой области, если они еще не сделали этого, и обязательствами

324 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

в рамках ОБСЕ, касающимися всех форм насилия в отношении женщин, и при принятии соответствующего законодательства рассматривать примеры лучшей практики; • рассмотреть вопрос о подписании и ратификации соответствующих региональных и меж- дународных инструментов, таких, как Конвенция Совета Европы о предотвращении насилия в отношении женщин и бытового насилия и борьбе с ним, когда это применимо.

2. Поручает исполнительным структурам ОБСЕ в рамках их мандатов: • поощрять обмен примерами лучшей практики в отношении законодательства, касающе- гося борьбы со всеми формами насилия в отношении женщин.

(В) Предотвращение

3. Рекомендует государствам-участникам: • наращивать усилия в работе с населением через информационно- просветительскую дея- тельность и культивирование более чуткого отношения к этим проблемам с целью пре- одоления негативных стереотипов, привычек и предрассудков, которые способствуют всем формам насилия в отношении женщин; • принять соответствующие меры по повышению взаимодействия и участия мужчин и мальчиков в предотвращении и искоренении всех форм насилия в отношении жен- щин, включая сексуальное и бытовое насилие; • принять меры по повышению информированности о порочном круге насилия, источ- ником которого может быть физическое, сексуальное и психологическое насилие, пере- житое в детстве и отрочестве; • разработать программы для работы с лицами, совершившими насилие в отношении жен- щин, как во время, так и после отбытия ими наказания во избежание повторных пра- вонарушений; • обеспечивать лечение, психологическую помощь и курсы подготовки, а также другие меры для предотвращения повторных страданий и травм, в том числе во время судеб- ных процессов.

4. Поручает исполнительным структурам ОБСЕ в рамках их мандатов: • совершенствовать сотрудничество с соответствующими партнерами из международных и региональных организаций в усилиях по сбору дифференцированной по полу инфор- мации и статистических данных о проявлении всех форм насилия в отношении жен- щин в регионе ОБСЕ; • оказывать государствам-участникам, по их просьбе, содействие в предпринимаемых ими усилиях по продвижению всесторонних, действенных и основанных на фактах подходов к борьбе со всеми формами насилия в отношении женщин, включая сексуальное и быто- вое насилие, и более эффективно удовлетворять потребности всех жертв.

(С) Защита

5. Рекомендует государствам-участникам: 6 • обеспечить, чтобы жертвы всех форм насилия в отношении женщин получали своев- ременную и адекватную информацию о доступных правовых средствах и службах под- держки, таких, как кризисные центры, приюты или другие соответствующие структуры

325 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

для жертв сексуального насилия, а также медицинскую помощь, и обеспечить, чтобы они были легкодоступными; • продвигать программы и деятельность по расширению прав и возможностей женщин, ставших жертвами насилия, и оказанию им поддержки.

6. Поручает исполнительным структурам ОБСЕ в рамках их мандатов: • оказывать государствам-участникам, по их просьбе, содействие в укреплении своего потенциала по защите жертв насилия в отношении женщин: • содействовать обмену между государствами-участниками информацией, опытом и при- мерами лучшей практики, касающимися защиты; • предоставлять государствам-участникам, которые просят об этом, техническую помощь в создании служб поддержки, таких, как горячие телефонные линии, кризисные цен- тры и т. д.; • предлагать государствам-участникам специализированные учебные курсы для соответ- ствующих специалистов из заинтересованных государств-участников, занимающихся жертвами или лицами, виновными в совершении всех форм насилия в отношении жен- щин, включая сексуальное и бытовое насилие.

(D) Уголовное преследование

7. Рекомендует государствам-участникам: • наращивать усилия по расследованию, уголовному преследованию и наказанию лиц, вино- вных в совершении всех форм насилия в отношении женщин, и предоставлять жертвам защиту и соответствующие средства правовой защиты; • обеспечить разработку и эффективное осуществление законодательства, криминализиру- ющего насилие в отношении женщин и предусматривающего профилактические и защит- ные меры, такие, как вынесение постановлений о запрещении контактов в чрезвычайных случаях и постановлений о защите, там, где они существуют, а также расследование и передачу виновных в руки правосудия для уголовного преследования и соответству- ющего наказания, в том числе с целью прекращения безнаказанности.

(Е) Партнерство

8. Рекомендует государствам-участникам: • разработать всеобъемлющую и скоординированную национальную политику, направ- ленную на борьбу со всеми формами насилия в отношении женщин, охватывающую все соответствующие структуры, такие, как правоохранительный и судебный сектор, пар- ламенты, национальные правозащитные институты, службы здравоохранения и соци- ального обеспечения, а также организации гражданского общества.

9. Поручает исполнительным структурам ОБСЕ в рамках их мандатов: • расширять сотрудничество с соответствующими партнерами из международных и реги- ональных организаций;

326 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

Милан, 2018 г. (Решение № 4/18 Недопущение и пресечение насилия в отношении женщин)

Совет министров,

исполненный решимости обеспечить реализацию женщинами и девочками в полном объ- еме и на равной основе прав человека и основных свобод,

вновь подтверждая все принятые в рамках ОБСЕ соответствующие обязательства (…) о недопущении и пресечении насилия в отношении женщин, (…)

памятуя о важности недопущения и пресечения насилия в отношении женщин и девочек для достижения соответствующих целей в области устойчивого развития, сформулирован- ных в принятой ООН Повестке дня в области устойчивого развития на период до 2030 года,

будучи глубоко обеспокоен сохраняющимся насилием в отношении женщин и девочек во всех его формах как одним из наиболее часто встречающихся препятствий на пути к пол- ной реализации ими всех прав человека и к полному, равноправному и эффективному уча- стию женщин в политической, экономической и общественной жизни,

отмечая, что насилие в отношении женщин и девочек способно стать причиной смерти или причинения девочкам и женщинам всех возрастов физического, сексуального, психоло- гического, экономического, политического и социального ущерба или страданий и прямо или опосредованно сопряжено с краткосрочными и долгосрочными социальными, поли- тическими и экономическими издержками,

отмечая также, что насилие в отношении женщин и девочек применяется в различных формах, к числу которых могут относиться: бытовое насилие; сексуальное насилие; вред- ные обычаи; торговля людьми; сексуальная и другие виды эксплуатации; а также сексу- альные домогательства,

сознавая, что женщины и девочки могут подвергаться самым различным видам дискримина- ции, порою в их сочетании, что повышает вероятность насилия в их отношении, и что такое сочетание различных видов дискриминации может вести к дальнейшей дискриминации,

сознавая также важную роль, которая принадлежит вооруженным силам, правоохрани- тельным и судебным органам и прочим специалистам-правовикам в противодействии всем формам насилия в отношении женщин и девочек, 6

327 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

сознавая далее, что все чаще встречаются случаи жестокого обращения, угроз и притесне- ний, включая сексуальные домогательства, особенно с применением цифровых технологий, и что такие проявления могут заглушать голос женщин и девочек в общественной жизни,

памятуя о том, что женщины, занимающиеся профессиональной деятельностью в публич- ной сфере и/или в интересах общества, сталкиваются с повышенной вероятностью подвер- гнуться определенным формам насилия или жестокому обращению, угрозам и притеснениям в связи со своей работой,

учитывая, что юность является важным этапом в социальном развитии личности, и созна- вая, что на этом этапе человек нередко сталкивается с систематическим проявлением неравенства, негативного отношения, поведенческих моделей и гендерных стереотипов, из-за чего девочки и женщины могут подвергнуться повышенному риску дискримина- ции и насилия,

сознавая важность активного вовлечения мужчин и мальчиков в работу по ликвидации дискриминации и всех форм насилия в отношении женщин и девочек, в том числе через преодоление первопричин гендерного неравенства и насилия и повышение осведомлен- ности о последствиях негативного отношения, поведенческих моделей и гендерных стере- отипов, которые, возможно, лежат в основе дискриминации и насилия и закрепляют их,

отмечая прилагаемые созданной ОБСЕ сетью MenEngage* усилия по повышению осведом- ленности о важной роли, которую могут сыграть мужчины и мальчики в ликвидации дис- криминации и всех форм насилия в отношении женщин и девочек,

сознавая, что сексуальные домогательства в публичной и частной сферах, в частности в трудовых коллективах и учебных заведениях, пагубно отражаются на реализации жен- щинами и девочками в полном объеме прав человека и равных возможностей и тем самым снижают их шансы сохранить свое место и/или добиться продвижения на работе и в учеб- ных заведениях,

признавая роль гражданского общества как важного партнера государственных органов, в том числе на местном уровне, в деле предупреждения и пресечения насилия в отноше- нии женщин и девочек,

принимая во внимание проведенную Парламентской ассамблеей ОБСЕ работу по борьбе с насилием в отношении женщин,

призывает государства-участники:

1. Обеспечить доступ к правосудию, эффективному расследованию, преследованию вино- вных, а также обеспечить – при уважении их прав, в том числе на неприкосновенность частной жизни – адекватную защиту, реабилитацию и социальную реинтеграцию жерт- вам всех форм насилия в отношении женщин и девочек;

2. Принимать меры, в том числе посредством повышения осведомленности и укрепле- ния потенциала сотрудников вооруженных сил, правоохранительных и судебных органов

* Созданная ОБСЕ сеть MenEngage не является филиалом альянса MenEngage. Действующая в ОБСЕ сеть MenEngage является закрытой сетью в рамках ОБСЕ.

328 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

и других специалистов-правовиков, по предупреждению и пресечению всех форм насилия в отношении женщин и девочек;

4. Организовывать кампании по повышению осведомленности об опасностях конкретных форм насилия, с которыми сталкиваются женщины и девочки, в том числе с использова- нием цифровых технологий, а также об их правах и о поддержке, доступной для жертв такого насилия;

5. Принимать меры по преодолению насилия, жестокого обращения, угроз и притеснений, в том числе с использование цифровых технологий, объектом которых являются женщины;

6. Принимать, в консультации с компаниями, занимающимися информационными и ком- муникационными технологиями (ИКТ), меры по преодолению конкретных форм наси- лия, с которыми сталкиваются женщины и девочки в контексте использования цифровых технологий;

7. Побуждать всех соответствующих игроков, в том числе участвующих в политической жизни, к внесению вклада в усилия по предупреждению и пресечению всех форм насилия в отношении женщин, включая тех из них, кто занимается профессиональной деятельно- стью в публичной сфере и/или в интересах общества, в частности, путем вынесения этой проблемы на общественное обсуждение, а также по выдвижению инициатив, касающихся повышения осведомленности, и разработке других соответствующих мер, не упуская при этом из виду сковывающее воздействие, оказываемое таким насилием на молодых женщин;

8. Вписывать инициативы в соответствующие общенациональные политические установки и стратегии по активизации вовлечения мужчин и мальчиков в усилия по предупреждению и пресечению насилия в отношении женщин и девушек, в том числе путем осуществления мероприятий по повышению осведомленности с акцентом на позитивной, справедливой и ненасильственной роли, которую мужчины и мальчики могут играть в этом отношении, а также посредством выявления и преодоления случаев негативного отношения, поведен- ческих моделей, а также гендерных стереотипов, которые закрепляют такое насилие;

9. Принимать меры по борьбе с сексуальными домогательствами в публичной и частной сферах, в частности в трудовых коллективах и учебных заведениях, и побуждать нанима- телей из числа госучреждений и частных предприятий к осуществлению таких мер;

10. Принимать меры по обеспечению всем девочкам равного доступа к качественному образованию; а также расширять права и возможности женщин в экономической сфере и укреплять их экономическую независимость, в том числе путем реализации недискрими- национной политики и практики, обеспечения равного доступа к образованию и профес- сиональной подготовке, равного вознаграждения за равный труд, а также равного доступа к экономическим ресурсам и равного контроля над ними; 6

329 6.1 Предотвращение преследования, насилия и эксплуатации на гендерной почве

11. Стимулировать вовлечение гражданского общества в работу по предупреждению и пре- сечению насилия в отношении женщин и девочек; поручает соответствующим исполни- тельным структурам ОБСЕ в соответствии с их мандатом:

12. Оказывать государствам-участникам, по их просьбе, содействие в совершенствовании их правовой и политической базы и в осуществлении мер по предупреждению и пресече- нию всех форм насилия в отношении женщин и девочек;

13. Продолжить сотрудничество с соответствующими международными и региональными организациями в сборе сведений и статистических данных, в разбивке по признаку пола, о распространенности в регионе ОБСЕ случаев насилия в отношении женщин и девочек во всех его формах;

14. Оказывать государствам-участникам и организациям гражданского общества под- держку в обмене примерами передового опыта предупреждения и пресечения всех форм насилия в отношении женщин и девочек, в том числе с привлечением мужчин и мальчиков;

15. Оказывать государствам-участникам, по их просьбе, поддержку в разработке и проведе- нии обзора законодательства, стратегий и мер по борьбе с сексуальными домогательствами в частном и публичном пространстве, в том числе в трудовых коллективах и учебных заве- дениях;

16. И далее обеспечивать, в том числе силами руководящего состава, выполнение в полном объеме принятого в ОБСЕ Кодекса поведения сотрудников/сотрудников миссий ОБСЕ, а также установок ОБСЕ, касающихся профессионального рабочего климата, и анализиро- вать потребность в укреплении и/или активизации учебной подготовки по вышеуказан- ным вопросам с акцентом на проявлении нетерпимости к сексуальным домогательствам;

17. Побуждает государства-участники и соответствующие исполнительные структуры ОБСЕ рассмотреть вопрос о проведении совместных мероприятий с Парламентской ассамблеей ОБСЕ и ее Специальным представителем по гендерным вопросам.

330 6.2 Предотвращение торговли людьми

6.2 Предотвращение торговли людьми

Смотри также: I. 2.3.4 D: Секретариат, Специальный представитель по борьбе с торговлей людьми

6.2.1 Общие положения по поводу предотвращения

Москва, 1991 г.

(40) Государства-участники (…) будут (…) (40.7) стремиться покончить (…) со всеми формами торговли женщинами и эксплуатации женской проституции, в том числе путем принятия соответствующих юридических запре- тов в отношении подобных действий и других соответствующих мер.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

24. Мы будем принимать меры по (…) прекращению (…) сексуальной эксплуатации и всех форм торговли людьми. Для предотвращения подобных преступлений мы будем, среди про- чего, содействовать принятию или укреплению законодательства для привлечения вино- вных в таких действиях к ответственности и усиления защиты потерпевших.

Вена, 2000 г. (Решение об активизации усилий ОБСЕ по борьбе c торговлей людьми)

Совет министров, (…)

признавая, что торговля людьми представляет собой все более серьезную проблему, и, будучи убежден в том, что Организации следует активизировать свои усилия по борьбе с торговлей людьми во всем регионе ОБСЕ, в том числе во время конфликтов и в посткон- фликтных ситуациях, и внести свой вклад в направленные на защиту прав человека наци- ональные, региональные и международные усилия по противодействию такой торговле, а также в борьбу с транснациональной организованной преступностью,

1. Вновь заявляет, что торговля людьми является вопиющим нарушением прав человека и серьезным преступлением, которое требует более всесторонних и скоординированных ответных мер со стороны государств-участников и международного сообщества, а также применения странами, в частности странами происхождения, транзита и назначения, более согласованного и основанного на лучшем взаимодействии подхода;

2. Приветствует принятие Генеральной ассамблеей Организации Объединенных Наций Про- токола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющего Конвенцию Организации Объединенных Наций про- тив транснациональной организованной преступности, а также содержащееся в нем опре- деление термина «торговля людьми» и призывает все государства-участники подписать 6 и ратифицировать Протокол Организации Объединенных Наций, а также Факультатив- ный протокол о торговле детьми, детской проституции и детской порнографии к Конвен- ции о правах ребенка;

331 6.2.1 Общие положения по поводу предотвращения

3. Признает главную ответственность государств-участников в том, что касается борьбы с торговлей людьми на основе комплексного и скоординированного подхода, включаю- щего предупреждение торговли, защиту потерпевших и судебное преследование торгов- цев и их сообщников;

4. Подчеркивает роль национальных парламентов в принятии, среди прочего, законов, необходимых для борьбы с торговлей людьми, и приветствует статьи 106 и 107 Бухарест- ской декларации Парламентской ассамблеи, посвященные торговле людьми;

5. Постановляет укрепить деятельность ОБСЕ по борьбе с торговлей людьми и подчерки- вает необходимость интенсифицировать сотрудничество между различными институтами ОБСЕ, а также между ОБСЕ и другими международными организациями, такими, как соот- ветствующие учреждения Организации Объединенных Наций, Международная организа- ция по вопросам миграции, Совет Европы, Европейский союз и Интерпол;

6. Поддерживает работу Целевой группы по проблеме торговли людьми в рамках Пакта о стабильности и призывает, в частности, правительства стран соответствующего региона принимать активное участие в деятельности этой Целевой группы; (…)

8. Обязуется повышать информированность обо всех аспектах проблемы торговли людьми, в частности, при содействии БДИПЧ, неправительственных организаций и других соот- ветствующих институтов, путем организации в случае необходимости учебных программ для государственных служащих, включая сотрудников правоохранительных, судебных, консульских и иммиграционных органов;

9. Берет на себя обязательство осуществлять необходимые меры, в том числе путем приня- тия и применения законодательства, для квалификации торговли людьми как уголовного преступления, включая установление соответствующих мер наказания, в целях обеспече- ния эффективного противодействия ей со стороны правоохранительных органов и судеб- ного преследования за нее. В таком законодательстве должен учитываться правозащитный подход к проблеме торговли людьми и должны содержаться положения о защите прав человека применительно к ее жертвам, обеспечивающие, чтобы жертвы торговли людьми не подвергались преследованию лишь по той причине, что они стали объектом торговли;

11. Приветствует назначение в соответствующих случаях представителей правительств по проблеме торговли людьми в целях координации деятельности на национальном уровне и налаживания регионального и международного сотрудничества с предоставлением соот- ветствующей контактной информации другим государствам-участникам; (…)

Бухарест, 2001 г. (Решение № 6/01)

Совет министров,

вновь выражая свою приверженность борьбе против всех форм торговли людьми, затра- гивающей все государства-участники,

332 6.2.1 Общие положения по поводу предотвращения

заявляя о своей приверженности развитию сотрудничества и взаимодействия между госу- дарствами-участниками, касающегося мер по борьбе с торговлей людьми и связанными с ней преступлениями,

призывает государства-участники подписать и ратифицировать Конвенцию Организации Объединенных Наций против транснациональной организованной преступности и Про- токол к ней о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее; (…)

приветствует обмен информацией с целью наращивания усилий по расследованию, обе- спечению правопорядка и предупреждению преступности;

призывает государства-участники ускорить принятие необходимых мер во исполнение обязательств, принятых ими на Венской встрече министров, включая предупреждение торговли людьми, защиту ее жертв, а также преследование лиц, занимающихся такой тор- говлей, и их сообщников.

Порту, 2002 г. (Декларация о торговле людьми)

Мы, члены Совета министров ОБСЕ, заявляем, что торговля людьми создает серьезную угрозу безопасности в регионе ОБСЕ и за его пределами.

Мы заявляем, что торговля людьми и другие современные формы рабства представляют собой грубое попрание достоинства и прав человеческой личности.

Мы сознаем, что торговля людьми является серьезным и быстрорастущим видом транс- национальной организованной преступности, приносящим огромные доходы преступным сетям, которые могут быть замешаны и в таких преступных деяниях, как незаконный обо- рот наркотиков и оружия, а также контрабанда мигрантов.

Мы напоминаем и вновь заявляем о своей полной приверженности обязательствам ОБСЕ по борьбе с торговлей людьми (…) и выражаем решимость укреплять сотрудничество в про- тиводействии торговле людьми в странах происхождения, транзита и назначения.

(…) Мы заявляем, что ратификация и полное выполнение обоих этих документов [Конвен- ции Организации Объединенных Наций против транснациональной организованной пре- ступности и дополняющий ее Протокол о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее] послужат укреплению международной и национальной правовой базы и правоприменительного потенциала для борьбы с торгов- лей людьми. Мы настоятельно рекомендуем государствам рассмотреть возможность одно- временной с этим ратификации и полного выполнения Протокола против незаконного ввоза мигрантов по суше, морю и воздуху, также дополняющего вышеупомянутую конвенцию (…)

Мы признаем, что необходимо направлять усилия на коренные причины незаконной тор- 6 говли и уменьшать социально-экономическое неравенство и неблагополучие, которые также подталкивают к нелегальной миграции и могут использоваться в корыстных целях

333 6.2.1 Общие положения по поводу предотвращения

организованными преступными сообществами. Мы признаем также необходимость борьбы с коррупцией, облегчающей деятельность таких сообществ. (…)

Мы признаем, что неотъемлемой составляющей торговли людьми в странах назначения является спрос на услуги лиц, ввозимых с целью их сексуальной эксплуатации, привле- чения к принудительному труду, обращения в рабство или применения к ним иной прак- тики, аналогичной рабству. Мы настоятельно призываем страны назначения принимать эффективные меры в отношении такого спроса, которые должны быть одним из ключе- вых элементов их стратегии эффективного недопущения торговли людьми и борьбы с нею, а также проявлять абсолютную нетерпимость по отношению к сексуальной эксплуатации, рабству и всем формам эксплуатации принудительного труда, независимо от его характера.

Мы глубоко обеспокоены сообщениями о причастности некоторых членов миссий между- народных организаций к деятельности, связанной с торговлей людьми, особенно в посткон- фликтных странах. Мы вновь подчеркиваем важность Решения № 426 Постоянного совета от 12 июля 2001 года о борьбе с торговлей людьми и поощряем принятие и осуществление соответствующих мер, таких как Кодекс поведения для сотрудников миссий ОБСЕ. Мы не будем мириться с причастностью международных сотрудников к любой противозаконной деятельности, стимулированием ими этой преступной торговли или нарушением ими ука- занного Кодекса поведения. Мы обязуемся принимать все практически осуществимые меры для того, чтобы международные сотрудники несли ответственность за подобные действия перед властями своих стран, а в соответствующих случаях – и перед местными властями.

Мы выражаем озабоченность ростом торговли несовершеннолетними и, признавая осо- бые потребности детей, поддерживаем расширение исследований и обмена информацией относительно торговли детьми, а также, исходя из того, что во всех действиях в отношении детей первоочередное внимание уделяется наилучшему обеспечению интересов ребенка, призываем к разработке специальных мер по защите несовершеннолетних, ставших жерт- вами торговли, от дальнейшей эксплуатации, с соответствующей заботой об их психоло- гическом и физическом благополучии.

Мы будем стремиться к принятию адекватных мер для недопущения торговли людьми в наших странах, в частности в форме целевых кампаний по повышению осведомленности и просветительной работы в странах происхождения и транзита, рассчитанных в особен- ности на молодежь и другие уязвимые группы, и будем прилагать усилия по развертыва- нию соответствующих кампаний в странах назначения и по организации подготовки для соответствующих должностных лиц и государственных служащих по тематике правоох- ранительной работы, пограничного контроля, уголовного правосудия и социальных услуг, а также будем рекомендовать всестороннее сотрудничество с НПО в этой области. (…)

Мы вновь отмечаем потребность в национальных стратегиях для объединения усилий, направленных на борьбу с торговлей людьми, и улучшения координации действий наци- ональных, международных и региональных организаций в этой области. Удовлетворить эту потребность можно было бы посредством таких мер, как назначение межминистерских органов и национальных координаторов либо, где это целесообразно, других соответству- ющих органов или механизмов.

334 6.2.1 Общие положения по поводу предотвращения

III.

Мы соглашаемся, на основе подхода, охватывающего различные измерения, активизиро- вать сотрудничество между соответствующими структурами и институтами ОБСЕ, а также между ОБСЕ и другими соответствующими международными организациями и субъек- тами, включая Организацию Объединенных Наций и ее специализированные учреждения, Совет Европы, Европейский союз и Международную организацию по вопросам миграции, и поручаем Постоянному совету изучить вопрос о том, как лучше всего обеспечить такое сотрудничество в целях борьбы с торговлей людьми. (…)

Маастрихт, 2003 г. (Решение № 2/03 Борьба с торговлей людьми)

Совет министров, (…)

1. Постановляет одобрить План действий ОБСЕ по борьбе с торговлей людьми, прилагае- мый к настоящему Решению; и

2. Учреждает под эгидой Постоянного совета механизм ОБСЕ для оказания государствам-у- частникам помощи в борьбе с торговлей людьми. Этот механизм будет состоять из двух компонентов, дополняющих деятельность друг друга: назначаемого Действующим предсе- дательством специального представителя и специальной группы в Секретариате ОБСЕ (…)

IV. Предупреждение торговли людьми (…)

1. Сбор данных и исследования

1.1 Осуществлять сбор данных отдельно о женщинах, мужчинах и детях, являющихся жерт- вами торговли людьми, а также совершенствовать исследовательскую и аналитическую работу по таким темам, как характер и масштабы ТЛ и используемые организованными преступными группами механизмы торговли людьми и эксплуатации, в целях разработки эффективных и целенаправленных мер по предупреждению торговли людьми. Содейство- вать расширению исследований и обмена информацией по проблеме торговли детьми.

1.2 Выявлять наиболее уязвимые группы населения и разрабатывать специально для них информационно-просветительские кампании.

1.3 Проводить более углубленный анализ коренных причин ТЛ, факторов спроса и пред- ложения в такой торговле, ее сетей и экономических последствий, а также ее связи с неле- гальной миграцией.

2. Меры пограничного контроля 6

335 6.2.1 Общие положения по поводу предотвращения

2.1 Без ущерба для международных обязательств в отношении свободного передвижения людей усиливать, насколько это возможно, меры пограничного контроля в той степени, в какой это может потребоваться для предупреждения и выявления ТЛ.

2.2 Принимать законодательные или другие надлежащие меры для предупреждения, в мак- симально возможной степени, использования транспортных средств, эксплуатируемых коммерческими перевозчиками, при совершении преступлений, которые определены в поло- жениях о борьбе с торговлей людьми.

2.3 В соответствующих случаях и без ущерба для применимых международных конвен- ций обязывать коммерческих перевозчиков, в том числе любую транспортную компанию или же владельца или оператора любых транспортных средств, удостоверяться в том, что все пассажиры имеют действительные документы на въезд/выезд. В соответствии с вну- тренним законодательством принимать необходимые меры, с тем, чтобы предусмотреть санкции за нарушения.

3. Экономическая и социальная политика, направленная на устранение коренных причин ТЛ 3.1 В странах происхождения: • считать приоритетными задачами содействие социально-экономической и политической стабильности и сокращение как миграции, вызываемой глубокой нищетой, так и фак- торов «предложения» в торговле людьми. Политика, направленная на достижение этих целей, должна также способствовать экономическому развитию и преодолению соци- альной отчужденности; • повышать доступность общего и профессионально-технического образования для детей и расширять охват детей, особенно девочек и представителей меньшинств, школьным образованием; • расширять для женщин возможности трудоустройства путем содействия улучшению коммерческих перспектив малых и средних предприятий (МСП). Организовывать курсы подготовки кадров для МСП, предназначенные в первую очередь для лиц, входящих в «группы риска». 3.2 В странах назначения: • принимать меры по уменьшению «незаметности эксплуатации». Достижению этой цели будет весьма способствовать разработка межведомственной программы мониторинга, административного контроля и сбора оперативной информации в отношении рынков труда и, где это применимо, секс-индустрии; • рассматривать возможность осуществления правительствами либерализации рынков труда в своих странах с целью увеличения возможностей трудоустройства для работни- ков самых различных уровней квалификации; • принимать меры по решению проблемы незащищенного, неофициального и зачастую незаконного труда с целью установления баланса между спросом на дешевую рабочую силу и возможностями законной миграции; • бороться с подпольной экономической деятельностью, подрывающей экономику и спо- собствующей росту торговли людьми. 3.3 Как в странах происхождения, так и в странах назначения: • принимать меры для повышения уровней социальной защищенности и создания равных для всех возможностей трудоустройства;

336 6.2.1 Общие положения по поводу предотвращения

• принимать надлежащие меры для устранения дискриминации женщин при найме на работу, имея в виду обеспечить на основе гендерного равенства право на равную оплату за равный труд и право на равенство возможностей в области трудоустройства; • противодействовать всем формам дискриминации меньшинств; • разрабатывать программы, позволяющие людям выбирать различные способы зарабаты- вать себе на жизнь и включающие начальное образование, обучение грамоте, развитие коммуникативных и иных навыков и сокращение препятствий для предприниматель- ской деятельности; • поощрять более внимательное отношение к гендерным вопросам и пропагандировать равноправные и взаимоуважительные отношения между полами, предотвращая тем самым насилие в отношении женщин; • обеспечивать проведение политики, предусматривающей предоставление женщинам равного доступа к экономическим и финансовым ресурсам и равного права распоря- жаться ими; • содействовать развитию гибких механизмов финансирования и расширению возможно- стей получения кредита, включая микроссуды под низкий процент; • содействовать утверждению надлежащего управления и транспарентности в экономи- ческих сделках; • принимать или совершенствовать меры в области законодательства, образования, куль- туры или в социальной области, а также, где это применимо, в сфере уголовного права, в том числе путем двустороннего и многостороннего сотрудничества, направленные на противодействие спросу, порождающему эксплуатацию людей, особенно женщин и детей, во всех ее формах и ведущего к торговле людьми.

4. Повышение осведомленности 4.1 Проводить совместно с гражданским обществом и НПО информационные кампании для повышения осведомленности общественности о торговле людьми в различных ее фор- мах, в том числе о методах, применяемых при такой торговле, и опасностях, которым под- вергаются ее жертвы. 4.2 Повышать осведомленность о торговле людьми среди работников иммиграционных органов, а также консульского и дипломатического персонала, с тем, чтобы полученные зна- ния могли использоваться ими в их повседневных контактах с потенциальными жертвами. 4.3 Поощрять распространение посольствами государств – в том числе через НПО – инфор- мации о соответствующем национальном законодательстве в таких областях, как семей- ное право, законы о труде и иммиграционное законодательство, представляющем интерес для потенциальных мигрантов. 4.4 Целенаправленно повышать осведомленность других соответствующих социальных групп, включая лиц, ответственных за выработку политики, сотрудников правоохранитель- ных органов и других соответствующих специалистов, таких, как медицинские, социаль- ные работники и должностные лица, занимающиеся вопросами трудоустройства, а также представителей частного сектора, о ТЛ в целях повышения их готовности надлежащим образом противодействовать этому явлению и укрепления их институционального потен- циала для борьбы с ним. 6 4.5 Рекомендовать консульским и визовым отделам дипломатических представительств использовать в своей работе с лицами, подвергающимися риску, печатные и иные материалы.

337 6.2.1 Общие положения по поводу предотвращения

4.6 Повышать осведомленность работников СМИ. Освещение проблемы торговли людьми в средствах массовой информации должно включать четкое разъяснение сути этого явле- ния и реалистичное изображение его жертв. Для максимально полного информирования общественности об этой проблеме и привлечения к ней как можно большего внимания кампании по борьбе с торговлей людьми следует проводить с участием профессиональ- ных журналистов. 4.7 Проводить кампании по повышению осведомленности, нацеленные также на самые уяз- вимые группы населения, включая лиц, принадлежащих к национальным меньшинствам, детей, мигрантов и внутренне перемещенных лиц (ВПЛ). 4.8 Охватывать кампаниями по повышению осведомленности малые города и села, угроза для населения которых может быть особенно высокой. 4.9 Вести работу в школах и высших учебных заведениях, а также непосредственно с семь- ями, чтобы донести информацию до молодежи и повысить ее осведомленность о торговле людьми. 4.10 Обращать внимание, в том числе с помощью средств массовой информации, на необ- ходимость сокращения спроса на услуги лиц, ввозимых с целью их сексуальной эксплуа- тации, привлечения к принудительному труду, обращения в рабство и применения к ним иной практики, аналогичной рабству, и в этой связи воспитывать абсолютную нетерпи- мость к торговле людьми во всех ее формах. 4.11 Создавать в странах происхождения, транзита и назначения «телефоны доверия», о кото- рых должно быть широко известно и которые должны выполнять три функции: служить независимым источником консультаций и рекомендаций потенциальным жертвам тор- говли людьми, обдумывающим предложения о выезде за рубеж с целью трудоустройства или в иных целях, быть первым контактным телефоном, с помощью которого жертвы ТЛ получали бы доступ к механизму передачи и рассмотрения дел, а также облегчать подачу анонимных сигналов о случаях ТЛ и подозрениях на такие случаи.

5. Законодательные меры 5.1 Принимать или пересматривать законы, административные механизмы и процедуры, регулирующие лицензирование и осуществление видов коммерческой деятельности, кото- рые, согласно оперативным данным, могут иметь отношение к торговле людьми – таких, как бюро по трудоустройству, туристические фирмы, агентства по найму нянь и помощ- ниц по хозяйству, агентства по усыновлению или международному подбору брачных пар- тнеров, а также гостиницы и бюро эскорт-услуг. 5.2 Обеспечивать, чтобы меры, принимаемые с целью предупреждения торговли людьми и борьбы с ней, не наносили ущерба правам и достоинству личности, включая свободу передвижения. (…)

VI. Механизмы осуществления дальнейших шагов и координации действий

Наряду с наблюдением за выполнением государствами-участниками принятых в ОБСЕ обя- зательств с использованием существующих механизмов ОБСЕ, включая ежегодное Совеща- ние по рассмотрению выполнения, посвященное человеческому измерению, конференции по обзору и соответствующие мероприятия в области человеческого измерения, Постоян- ный совет рекомендует следующие действия на национальном уровне:

338 6.2.1 Общие положения по поводу предотвращения

1. Рассмотреть вопрос о назначении национальных докладчиков или создании иных меха- низмов наблюдения за деятельностью государственных учреждений, направленной про- тив торговли людьми, и за выполнением требований национального законодательства.

2. Рассмотреть вопрос о создании комиссий (целевых групп) по борьбе с торговлей людьми или аналогичных органов, ответственных за координацию действий государственных учреждений и НПО внутри страны и за выработку мер по предупреждению ТЛ, наказа- нию виновных в ТЛ и защите ее жертв.

3. Совершенствовать сотрудничество между государственными институтами и националь- ными НПО, занимающимися оказанием защиты и помощи жертвам ТЛ, борьбой с наси- лием в отношении женщин и детей, обеспечением гендерного равенства и повышением осведомленности в вопросах прав человека.

София, 2004 г. (Решение № 13/04 Особые потребности детей, являющихся жертвами торговли людьми, в защите и помощи)

Совет министров, (…)

ссылаясь на принципы, касающиеся защиты и уважения прав человека, которые провозгла- шены в Конвенции Организации Объединенных Наций 1998 года о правах ребенка и отно- сящемся к ней Факультативном протоколе 2000 года о торговле детьми, детской проституции и детской порнографии, Протоколе Организации Объединенных Наций 2000 года о преду- преждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющем Конвенцию Организации Объединенных Наций против транснаци- ональной организованной преступности, а также в гаагской Конвенции 1993 года о защите детей и сотрудничестве в области международного усыновления,

сознавая, что государства-участники несут основную ответственность за борьбу с торгов- лей людьми на базе комплексного скоординированного подхода, включающего предотвра- щение такой торговли, защиту жертв и уголовное преследование лиц, занимающихся такой торговлей, и их сообщников,

вновь подтверждая, что общие принципы, касающиеся, в частности, наилучшего обеспе- чения интересов ребенка, недискриминации, вовлеченности, а также обеспечения выжи- вания и развития, составляют основу всей деятельности, касающейся детей,

преисполненный решимости и впредь наращивать усилия ОБСЕ по борьбе с торговлей людьми и продолжать активно выполнять План действий по борьбе с торговлей людьми, а также обеспечивать дальнейшее оказание Организацией поддержки государствам-участ- никам по их просьбе в осуществлении ими на национальном уровне своих соответствую- щих мероприятий в этой области,

принимая во внимание, в частности, изложенные в Плане действий ОБСЕ по борьбе с торгов- лей людьми рекомендации о том, чтобы ОБСЕ уделяла особое внимание проблеме торговле детьми, а также сознавая уязвимость несопровождаемых и разлученных с семьями детей, 6 сознавая, что государства-участники твердо намерены защищать детей от всех видов наси- лия, включая их сексуальную эксплуатацию, и подчеркивая необходимость уважения особых

339 6.2.1 Общие положения по поводу предотвращения

потребностей детей в защите и помощи, а также принцип предоставления ребенку возмож- ности высказать свое мнение,

подчеркивая, что меры по борьбе с торговлей детьми должны учитывать гендерные аспекты и носить недискриминационный характер,

подчеркивая, что при принятии решений, касающихся детей – жертв торговли, главным соображением должно быть наилучшее обеспечение интересов ребенка, в частности, с помо- щью представителей, отстаивающих в необходимых случаях интересы таких детей,

сознавая необходимость создания эффективной основы для оказания детям помощи и защиты, а также проведения информационно-пропагандистских мероприятий в целях противодействия спросу, поощряющему все формы эксплуатации людей, особенно женщин и детей, и повышающему вероятность превращения детей в объект торговли,

1. Постановляет наращивать усилия ОБСЕ, направленные на предотвращение торговли детьми, оказание защиты и помощи детям, являющимся жертвами торговли, и уголовное преследование торговцев детьми, принимая во внимание План действий ОБСЕ по борьбе с торговлей людьми;

2. Считает желательным, чтобы государства-участники укрепляли соответствующие госу- дарственные органы, занимающиеся проблемами детей; считает также желательным, чтобы государства-участники при необходимости активизировали принятие мер во исполнение соответствующих рекомендаций, адресованных им в Плане действий ОБСЕ по борьбе с тор- говлей людьми, с целью противодействия факторам, повышающим вероятность превра- щения детей в объект торговли, – в частности таким, как: дискриминация, в том числе по признаку расы, пола, религии или убеждений, национального или социального происхож- дения, сословного или иного положения; эксплуатация, как она определена в Плане дей- ствий ОБСЕ по борьбе с торговлей людьми; бедность, низкий уровень образования и отрыв от привычного места проживания;

3. Постановляет усилить работу по противодействию спросу, включая борьбу с детским секс-туризмом. В этой связи он также предлагает государствам-участникам рассмотреть, среди прочего, вопрос о разработке правовых мер, предусматривающих уголовное пресле- дование своих граждан за сексуальную эксплуатацию детей, в том числе если такая эксплу- атация имела место в другой стране (…)

340 6.2.1 Общие положения по поводу предотвращения

касающимся границ. В частности, укрепление потенциала ОБСЕ по обеспечению открыто- сти и безопасности границ и развитие взаимовыгодного межгосударственного сотрудни- чества служат средствами противодействия угрозам (…) незаконного оборота (…) людей, как установлено в пункте 35 Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке; (…)

Любляна, 2005 г. (Решение № 13/05 Борьба с торговлей людьми)

Совет министров, (…)

привлекая внимание к необходимости подкрепить вышеупомянутые меры, создать проч- ную сеть по борьбе с торговлей людьми, которая функционировала бы на многосторонней, региональной и двусторонней основе, и эффективно выполнять принятые обязательства, опираясь на всемерную поддержку и содействие, оказываемые государствам-участникам по их просьбе структурами и институтами ОБСЕ и ее операциями на местах,

вновь подчеркивая уникальную роль ОБСЕ как катализатора совместных усилий междуна- родных организаций, направленных на борьбу с торговлей людьми во всех формах, и при- ветствуя инициативы специального представителя ОБСЕ по борьбе с торговлей людьми в рамках «Союза борьбы с торговлей людьми»,

постановляет:

1. Одобрить Дополнение к Плану действий ОБСЕ по борьбе с торговлей людьми, касаю- щееся особых потребностей детей, являющихся жертвами торговли людьми, в защите и помощи, принятое Решением Постоянного Совета № 685 от 7 июля 2005 года, в качестве эффективной меры реагирования на потребности наиболее уязвимых и незащищенных жертв торговли людьми;

2. Уделять и впредь повышенное внимание нарастающей угрозе торговле людьми и следо- вать многомерному, ориентированному на интересы жертв подходу к проблемам борьбы с торговлей людьми как одним из видов организованной преступности, деятельности пре- ступного сообщества и коррупции в рамках принятой в ОБСЕ концепции всеобъемлющей безопасности; (…) 6

341 6.2.1 Общие положения по поводу предотвращения

Любляна, 2005 г. (Решение № 16/05 Обеспечение высочайших норм поведения и ответственности лиц, служащих в международных силах и миссиях)

Совет министров, (…)

вновь заявляя, что торговля людьми, являющаяся современной формой рабства, серьезно подрывает осуществление прав человека и основных свобод,

будучи обеспокоен тем, что военный и гражданский персонал, служащий в международ- ных миротворческих силах или других международных миссиях, в том числе на контракт- ной основе, а также в полевых присутствиях международных организаций, включая ОБСЕ, могли бы быть одним из факторов, способствующих спросу в цепочке торговли людьми,

приветствуя усилия Организации Объединенных Наций, а также других международных организаций по разработке и реализации политики «нулевой терпимости», которые наряду с просветительскими мерами и профессиональной подготовкой необходимы для недопу- щения участия как персонала сил, так и сотрудников других категорий в торговле людьми, (…)

будучи обеспокоен сообщениями о неблаговидном поведении военных и гражданских сотрудников, служащих в международных миротворческих силах или других международ- ных миссиях, в том числе сообщениями об участии в торговле людьми, как это определено в Протоколе Организации Объединенных Наций о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, решительно осуждая подоб- ные акты и отмечая, что они отрицательно сказываются на выполнении мандатов миссий,

будучи также обеспокоен сообщениями о неблаговидном поведении военных и гражданских сотрудников, служащих в международных миротворческих силах или других международ- ных миссиях, в том числе сообщениями о сексуальной эксплуатации и надругательствах в отношении местного населения и беженцев, а также сообщениями о случаях принуди- тельного труда, решительно осуждая такие акты и отмечая, что они отрицательно сказы- ваются на выполнении мандатов миссий,

подчеркивая необходимость в более полном информировании и повышении осведомлен- ности сотрудников, служащих в международных миссиях, в отношении этих вопросов,

принимая к сведению усилия Организации Объединенных Наций, направленные на обе- спечение того, чтобы сотрудники, служащие в миротворческих силах или других между- народных миссиях, отвечали высочайшим нормам поведения и ответственности,

1. Призывает все государства-участники при необходимости укреплять меры, предотвра- щающие участие военных и гражданских сотрудников, работающих за рубежом в миро- творческих силах или других международных миссиях, а также должностных лиц ОБСЕ, в торговле людьми или эксплуатации жертв торговли. В этой связи государства-участ- ники будут стремиться обеспечить применение их национальных законов, правил и дру- гих соответствующие документов к их гражданам, служащим в миротворческих силах или других международных миссиях, в целях обеспечения высочайших норм поведения и ответственности;

342 6.2.1 Общие положения по поводу предотвращения

2. Призывает государства-участники, имеющие размещенных военных и гражданских сотрудников, оказывать в пределах своей компетенции и соответствующих мандатов содей- ствие компетентным властям принимающего государства в их усилиях по борьбе с торговлей людьми. Проводя инструктаж своих военных и гражданских сотрудников, направляемых за рубеж, каждое государство- участник будет принимать во внимание политику и послед- ствия в области торговли людьми;

3. Призывает государства-участники принимать необходимые меры для предотвращения сексуальной эксплуатации и надругательств, а также случаев принудительного труда со стороны военных и гражданских сотрудников, направленных ими для службы в миро- творческих силах или других международных миссиях, обеспечивать соблюдение соответ- ствующих норм поведения в этом отношении и обеспечивать надлежащее расследование любых подобных случаев и наказание за них;

4. Вновь подтверждает значение выполнения Кодекса поведения для должностных лиц ОБСЕ и служебную инструкцию № 11, посвященную торговле людьми, и поручает Генеральному секретарю обновить эти документы, используя экспертные знания Специального предста- вителя ОБСЕ по борьбе с торговлей людьми и Группы по содействию борьбе с торговлей людьми для приведения их в соответствие с настоящим решением и до их выпуска пере- дать их государствам-участникам для комментариев и обсуждения;

5. Предлагает правительствам партнеров ОБСЕ по сотрудничеству со своей стороны выра- зить приверженность принципам, изложенным в настоящем решении, и в этих целях пору- чает Специальному представителю ОБСЕ по борьбе с торговлей людьми и Генеральному секретарю ОБСЕ предоставить соответствующую информацию и материалы партнерам ОБСЕ по сотрудничеству;

6. Поручает Специальному представителю ОБСЕ по борьбе с торговлей людьми предоста- вить соответствующим международным организациям учебные материалы ОБСЕ и дру- гую полезную информацию по борьбе с торговлей людьми;

7. Поручает Генеральному секретарю ОБСЕ ежегодно докладывать Постоянному совету в соответствии с положением III 11.1 Плана действий ОБСЕ по борьбе с торговлей людьми о выполнении настоящего решения в части, касающейся Кодекса поведения для должност- ных лиц ОБСЕ и служебной инструкции № 11.

Брюссель, 2006 г. (Решение № 14/06 Активизация усилий по борьбе с торговлей людьми, в том числе в целях трудовой эксплуатации, на основе всеобъемлющего и инициативного подхода)

Совет министров,

выражая серьезную обеспокоенность тем, что все формы торговли людьми по-прежнему носят широкий характер в регионе ОБСЕ и за его пределами, несмотря на активизацию национальных и международных усилий по противодействию этому явлению,

считая, что торговля людьми представляет собой тяжкое и гнусное преступление, в резуль- тате которого унижается человеческое достоинство и подрываются основы для осущест- 6 вления прав человека и основных свобод и которое служит питательной средой для организованных преступных сетей,

343 6.2.1 Общие положения по поводу предотвращения

признавая, что правоохранительные меры, уголовное преследование правонарушителей, а также защита, реабилитация, интеграция и, в соответствующих случаях, повторная инте- грация потерпевших, включая предоставление им эффективного доступа к правосудию, а также меры предупреждения, включая меры, направленные на пресечение спроса, имеют важное значение для эффективной борьбы с торговлей людьми,

подчеркивая, что сложный характер проблемы торговли людьми требует многомерного подхода и объединенных усилий, которые следует координировать на национальном, реги- ональном и международном уровнях, (…)

1. Призывает государства-участники продолжать взаимодействие на старшем политическом уровне со Специальным представителем по борьбе с торговлей людьми с целью укрепления процесса выполнения обязательств ОБСЕ по борьбе с торговлей людьми;

2. Настоятельно призывает государства-участники содействовать принятию всеобъем- лющего подхода к проблеме борьбы со всеми формами торговли людьми в рамках наци- ональных, региональных и международных механизмов, сотрудничеству и координации действий между сотрудниками правоохранительных органов, трудовых инспекций, орга- нов социальной защиты, медицинских учреждений, иммиграционных и пограничных служб, организаций гражданского общества, служб поддержки потерпевших и бизнес-со- общества, а также между любыми другими соответствующими сторонами, включая также подход, ориентированный на гендерные аспекты. С этой целью государствам-участникам рекомендуется создавать национальные механизмы передачи и рассмотрения дел, а также назначать национальных координаторов;

3. Настоятельно призывает государства-участники, при поддержке структур и институтов ОБСЕ, если поступит соответствующая просьба, совершенствовать исследования и систему сбора и анализа данных, уделяя должное внимание их конфиденциальности, и, где это возможно, давать статистику с разбивкой по полу, возрасту и другим соответствующим факторам, в зависимости от случая, с тем чтобы можно было лучше оценивать характер и масштабы проблемы и разрабатывать эффективные и целенаправленные меры борьбы с торговлей людьми. С этой целью государствам-участникам рекомендуется рассмотреть вопрос о назначении национальных докладчиков или создании аналогичных механизмов независимого мониторинга; (…)

6. Призывает государства-участники активно бороться с торговлей людьми в целях трудо- вой эксплуатации, в том числе путем: а) обеспечения, чтобы их внутреннее уголовное законодательство, касающееся торговли людьми в целях трудовой эксплуатации, отвечало требованиям Протокола Организации Объединенных Наций по предупреждению и пресечению торговли людьми, особенно жен- щинами и детьми, и наказании за нее, дополняющего Конвенцию Организации Объеди- ненных Наций против транснациональной организованной преступности. С этой целью государства-участники призываются обеспечить, чтобы подобные преступления можно было соответствующим образом выявлять, а виновных преследовать в уголовном порядке; b) обеспечения, чтобы минимальные трудовые стандарты были отражены в их трудовом законодательстве и чтобы их трудовые законодательства были введены в действие, с тем чтобы уменьшить возможности для торговли людьми в целях трудовой эксплуатации;

344 6.2.1 Общие положения по поводу предотвращения

c) введения программ обучения для соответствующих должностных лиц, а также для всех других лиц, которые могут контактировать с предполагаемыми жертвами торговли людьми, и в частности для работников системы здравоохранения, социальных работников, трудо- вых инспекторов и т. д., с тем чтобы улучшить их возможности по выявлению жертв тор- говли людьми и организации для них услуг по оказанию им помощи и защиты; d) обеспечения, чтобы в результате информационных кампаний по повышению осведом- ленности о проблеме торговли людьми дополнительно не ухудшалось положение уязвимых групп, что может привести к еще большему усугублению их уязвимости с точки зрения зло- употреблений правами человека; e) содействия осуществлению стратегий по работе с населением, в том числе в сотруд- ничестве с соответствующими НПО, с целью донесения информации о торговле людьми в целях трудовой эксплуатации до общин мигрантов и лиц, выполняющих низкооплачи- ваемую работу, и особенно в таких уязвимых секторах, как сельское хозяйство, строитель- ство, изготовление одежды или ресторанная индустрия, или в качестве домашней прислуги, с тем чтобы улучшить доступ потерпевших к механизмам помощи и правосудия, и поощ- рять лица, обладающие сведениями о возможных случаях торговли людьми, направлять потерпевших в соответствующие центры помощи и заявлять в органы дознания, когда есть все основания полагать, что имело место подобное преступление; f) разработки и использования современных методик для проведения следственных дей- ствий, в частности санкционировать выявление случаев торговли людьми и уголовное пре- следование правонарушителей, опираясь не только на показания потерпевших; (…)

Мадрид, 2007 г. (Решение № 8/07 Борьба с торговлей людьми в целях трудовой эксплуатации)

Совет министров, (…)

будучи серьезно обеспокоен тем, что торговля людьми по-прежнему широко распростра- нена в регионе ОБСЕ и за его пределами, несмотря на национальные и международные усилия по ее предотвращению и привлечению к суду тех, кто несет за нее ответственность,

признавая необходимость дальнейшего укрепления механизма выполнения принятых в рам- ках ОБСЕ обязательств для решения проблем торговли в целях трудовой эксплуатации,

признавая уязвимость детей с точки зрения торговли людьми в целях трудовой эксплуата- ции и особые потребности детей – жертв торговли людьми,

подчеркивая, что политика и практика решения проблем торговли людьми в целях тру- довой эксплуатации, возникающих в рамках официальной и теневой экономики, должны быть всеобъемлющими и поэтому предусматривать применение законов о труде,

подчеркивая, что меры по решению проблем торговли людьми в целях трудовой эксплу- атации должны формулироваться при более активном участии и стимулировать более активное участие трудовых субъектов, включая организации трудящихся и работодате- 6 лей, администраторов и инспекторов по труду, (…)

345 6.2.1 Общие положения по поводу предотвращения

признавая, что лица, не имеющие надлежащего иммиграционного статуса, по всей веро- ятности, более уязвимы с точки зрения торговли людьми в целях трудовой эксплуатации, (…)

признавая проблемы идентификации жертв и оказания им помощи, включая неопределен- ность в отношении их возможного итогового статуса пребывания, которые к тому же могут быть вызваны применением устрашения и использованием страха жертв перед торговцами людьми, а также признавая необходимость процедур подачи жалоб, которые побуждают жертв к их применению,

призывает государства-участники: (…)

5. Поддерживать и поощрять партнерские отношения между гражданским обществом, вклю- чая НПО, и государственными учреждениями, обладающими мандатом на охрану труда, для наблюдения за условиями труда, оказания, среди прочего, помощи жертвам и предот- вращения торговли людьми в целях трудовой эксплуатации и нарушения трудового права, в том числе с помощью целенаправленных информационно-просветительских программ или добровольных кодексов поведения; (…)

8. Наращивать межучрежденческое сотрудничество и взаимодействие по проблемам тор- говли людьми в целях трудовой эксплуатации среди должностных лиц, занимающихся вопросами труда и иммиграции, должностных лиц правоохранительных и судебных орга- нов и сотрудников служб социального обеспечения, в том числе путем создания или укре- пления, по мере необходимости, национальных механизмов передачи и рассмотрения дел в соответствии с рекомендациями, изложенными в Плане действий ОБСЕ по борьбе с тор- говлей людьми; (…)

11. Обеспечить эффективные процедуры подачи жалоб, когда отдельные лица могут кон- фиденциально сообщить об обстоятельствах, которые могли бы указывать на ситуацию, свидетельствующую о торговле людьми в целях трудовой эксплуатации, такую, как экс- плуататорские условия труда и жизни;

12. Разработать индикаторы, принимая во внимание, когда это необходимо, индикаторы, разработанные комиссией экспертов МОТ, для обеспечения последовательности и транспа- рентности при идентификации жертв торговли людьми в целях трудовой эксплуатации и при обнаружении ситуаций торговли людьми в целях трудовой эксплуатации;

13. Рассмотреть возможность дальнейшей дискуссии на экспертном уровне о том, каким образом отличать случаи торговли людьми в целях трудовой эксплуатации от других ситу- аций незаконной занятости; (…)

16. Разработать программы по ограничению используемого некоторыми агентствами по трудоустройству обманного найма, который может привести к повышению для людей риска стать объектом торговли; (…)

346 6.2.1 Общие положения по поводу предотвращения

19. Запланировать проведение информационно-просветительских кампаний в странах про- исхождения, транзита и назначения, ориентированных, в частности, на группы, уязвимые с точки зрения торговли людьми в целях трудовой эксплуатации;

21. Повысить сотрудничество на международном уровне путем обмена информацией и луч- шей практикой в области борьбы с торговлей людьми в целях трудовой эксплуатации и рас- смотрения путей укрепления сотрудничества, касающегося правоприменения, а также защиты жертв и помощи в реинтеграции в случае репатриации;

22. Совершенствовать сбор и анализ данных о связи между торговлей людьми в целях тру- довой эксплуатации и миграцией и обмениваться такой информацией с другими государ- ствами – участниками ОБСЕ.

Совет министров,

акцентируя внимание на своей серьезной озабоченности тем, что торговля людьми по-преж- нему носит характер широко распространенного явления в регионе ОБСЕ, (…)

вновь подтверждая поддержку усилий, прилагаемых государствами- участниками в сотруд- ничестве с международными и региональными организациями, неправительственными организациями и другими соответствующими органами в направлении выработки всеобъ- емлющего, скоординированного и интегрированного подхода к борьбе с торговлей людьми, который включает, в частности, меры по предупреждению торговли людьми, защите жертв и оказанию им содействия, при полном уважении их прав человека, и меры по уголовному преследованию торговцев людьми, а также меры по борьбе с деятельностью транснациональ- ных преступных организаций и других элементов, которые наживаются на торговле людьми, (…)

Астана, 2010 г.

9. (…) В то же время в сегодняшнем сложном и взаимозависимом мире мы должны добиться большего единства целей и действий в противостоянии появляющимся транснациональ- ным угрозам, таким как (…) торговля людьми. Подобного рода угрозы могут возникать в нашем регионе либо за его пределами.

Вильнюс, 2011 г. (Декларация о борьбе со всеми формами торговли людьми) 6 1. Мы (…) заявляем о своей твердой и непоколебимой решимости бороться с торговлей людьми во всех ее формах.

347 6.2.1 Общие положения по поводу предотвращения

2. Мы заявляем, что торговля людьми является серьезнейшим и отвратительным престу- плением, ущемляющим человеческое достоинство, подрывающим права человека и основ- ные свободы и обеспечивающим подпитку криминальных сетевых структур.

3. Мы по-прежнему целиком и полностью привержены положениям Всеобщей декларации прав человека: «Никто не должен содержаться в рабстве или в подневольном состоянии; рабство и работорговля запрещаются во всех их видах».

4. Мы подтверждаем поддержку государствами-участниками ратификации и выполнения в полном объеме Конвенции ООН против транснациональной организованной преступ- ности и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее как документов, являющихся меж- дународно-правовой базой для противодействия торговле людьми. Кроме того, мы под- черкиваем важность принятого Глобального плана действий ООН (GA 64/293) по борьбе с торговлей людьми, способствующего укреплению сотрудничества и координации между всеми заинтересованными сторонами и содействующего принятию на национальном, реги- ональном и международном уровнях всеобъемлющих, скоординированных и последова- тельных мер по борьбе с торговлей людьми, и приветствуем усилия ОБСЕ, направленные на его реализацию.

5. Мы признаем прогресс, достигнутый на сегодняшний день государствами – участни- ками ОБСЕ индивидуально и коллективно в противодействии этому ужасному преступле- нию. Мы напоминаем о своей полной приверженности обязательству ОБСЕ вести борьбу с торговлей людьми и о нашей твердой решимости выполнять это обязательство на основе межизмеренческого подхода, (…).

6. Мы выражаем глубокую озабоченность тем, что несмотря на постоянно принимаемые на глобальном, региональном и национальном уровнях меры торговля людьми остается серьезной проблемой, число выявленных жертв этой торговли, которым была оказана помощь, остается сравнительно низким, и лишь немногие торговцы людьми были при- влечены к судебной ответственности. Мы глубоко озабочены тем, что торговля людьми в целях изъятия органов, в целях сексуальной эксплуатации, а также в целях трудовой эксплуатации, включая подневольный труд в домашнем хозяйстве, по-прежнему является серьезной проблемой.

7. (…) Мы считаем похвальными предпринятые ОБСЕ в последнее время усилия по при- влечению внимания к торговле людьми в целях трудовой эксплуатации, включая подне- вольный труд в домашнем хозяйстве, а также к торговле детьми и торговле людьми в целях изъятия органов.

8. Мы поощряем и поддерживаем междисциплинарное сотрудничество, межсекторальную подготовку кадров и многосторонние формы партнерства. (…)

II.

9. Мы признаем необходимость усиления мер борьбы с торговлей людьми в плоскости уголовного правосудия, включая судебное преследование торговцев людьми и их сообщ- ников, при обеспечении такого обращения с беженцами, при котором соблюдаются их права человека, и обеспечении им доступа к правосудию, юридической помощи, а также к эффективным средствам защиты и другим услугам, где это применимо. Мы будем стре- миться использовать различные методы проведения расследований, такие, как финансовые

348 6.2.1 Общие положения по поводу предотвращения

расследования, совершенствовать обмен информацией, касающейся организованных пре- ступных групп, и способствовать трансграничному взаимодействию правоохранительных и судебных органов в целях эффективного выявления как торговцев людьми, так и потен- циальных жертв этой торговли.

10. Мы признаем необходимость принятия, где это целесообразно, адекватных мер для обе- спечения того, чтобы выявленные жертвы торговли людьми не подвергались наказанию за участие в незаконной деятельности постольку, поскольку они были вынуждены это делать. Мы настоятельно призываем государства-участники принимать комплексные и соответ- ствующие обстоятельствам меры по оказанию помощи жертвам торговли людьми.

11. Мы с новой энергией будем предпринимать усилия с целью выявления жертв торговли людьми и оказания им помощи, уделяя внимание особо уязвимым категориям населения. Где это целесообразно, мы будем стимулировать информационно- разъяснительные кампа- нии, адресованные лицам, рискующим стать объектом торговли, и направленные на устране- ние социально-экономических, культурных, политических и иных факторов, повышающих опасность того, что эти люди станут объектом торговли. Мы будем наращивать и поддер- живать профилактическую работу, фокусируя внимание на спросе, стимулирующем все формы торговли людьми, и на товарах и услугах, являющихся продуктом торговли людьми.

12. Мы признаем важную роль организаций гражданского общества в оказании помощи жертвам торговли людьми и расширении их возможностей.

13. Мы признаем необходимость усиления механизмов защиты детей в целях эффективного предупреждения и выявления всех форм торговли ими и принятия мер противодействия ей, имея в виду предоставление (…) соответствующей помощи и защиты детям – жертвам торговли людьми и тем, кто рискует стать объектом торговли, в том числе путем осущест- вления соответствующих услуг и мер обеспечения физического и психического здоровья, а также их образования, реабилитации и социальной реинтеграции.

14. Мы признаем, что обязательным условием эффективного предупреждения торговли людьми в целях трудовой эксплуатации является уважение трудовых прав. Мы рекомен- дуем разрабатывать и применять меры по совершенствованию организации труда и содей- ствию эффективной принудительной реализации международно-признанных трудовых прав с помощью таких методов, как проверки условий труда, мониторинг деятельности частных агентств по трудоустройству и разработка других программ, призванных помочь работникам в осуществлении их трудовых прав.

349 6.2.1 Общие положения по поводу предотвращения

III.

16. Мы подчеркиваем, что ОБСЕ служит весьма ценной площадкой для диалога и расшире- ния сотрудничества между государствами-участниками, нацеленного на комплексное про- тиводействие торговле людьми во всех ее формах. С учетом этого мы подтверждаем свою решимость выполнять принятые в рамках ОБСЕ обязательства, включая План действий по борьбе с торговлей людьми, в полной мере использовать соответствующие структуры ОБСЕ и укреплять партнерство ОБСЕ с другими международными и региональными орга- низациями, а также с гражданским обществом.

Вильнюс, 2011 г. (Решение № 10/11 Обеспечение равенства возможностей женщин в экономической сфере)

(…)

Киев, 2013 г. (Решение № 7/13 Борьба с торговлей людьми)

Совет министров,

вновь подтверждая соответствующие обязательства ОБСЕ 2000–2008 годов и Вильнюсскую декларацию Совета министров о борьбе со всеми формами торговли людьми 2011 года,

подтверждая стратегическую ценность Плана действий ОБСЕ по борьбе с торговлей людьми 2003 года, в котором государствам-участникам предлагаются новейшие рекомендации о дей- ствиях, которые должны быть предприняты на международном и национальном уровнях в области преследования, предупреждения и защиты, и определяется деятельность соот- ветствующих исполнительных структур ОБСЕ,

будучи глубоко озабочен значительным ростом ТЛ, как транснациональной, так и внутрен- ней, во всех ее формах и вновь заявляя об особой необходимости принятия более реши- тельных мер по противодействию сложным существующим и возникающим тенденциям и схемам в ТЛ,

одобряет принятие Добавления к Плану действий ОБСЕ по борьбе с торговлей людьми «Спустя одно десятилетие» Решением № 1107 Постоянного совета и считает, что Добавле- ние «Спустя одно десятилетие» должно стать неотъемлемой частью Плана действий ОБСЕ по борьбе с торговлей людьми 2003 года.

Вильнюс, 2017 г. (Решение № 6/17 Наращивание усилий по предотвращению торговли людьми)

Совет министров,

350 6.2.1 Общие положения по поводу предотвращения

вновь подтверждая, что торговля людьми является тяжким и чудовищным преступлением, которое унижает человеческое достоинство, и что вести борьбу с торговлей людьми следует, твердо опираясь во всем на верховенство права и уважение прав человека,

вновь подтверждая наше самое решительное осуждение всех форм торговли людьми, в том числе в целях трудовой и сексуальной эксплуатации, торговли детьми, принуждения к пре- ступной деятельности, а также изъятия органов, и признавая приоритетность задачи пре- дотвращения таких преступлений,

вновь подтверждая также наше твердое намерение устранять факторы, в результате кото- рых люди чаще становятся объектом торговли людьми, и подчеркивая важность межизме- ренческого всеобъемлющего подхода к борьбе с торговлей людьми, который предполагает необходимость сосредоточивать внимание на принятии эффективных превентивных мер, (…)

напоминая об актуальности Повестки дня в области устойчивого развития на период до 2030 года, а также Конвенции Организации Объединенных Наций 1989 года о пра- вах ребенка для тех, кто является ее участником, в контексте предотвращения торговли людьми и борьбы с ней, (…)

отмечая вклад гражданского общества, в том числе религиозных организаций, в работу по предотвращению торговли людьми и оказанию помощи ее жертвам,

призывает государства-участники:

1. Разработать адресную превентивную политику, основанную, в соответствующих случаях, на углубленных исследованиях и систематически собираемой достоверной информации, в том числе при поддержке со стороны таких национальных механизмов, как националь- ные докладчики – в тех случаях, когда они существуют, – с тем чтобы обеспечить мак- симальный эффект и отдачу от усилий по борьбе с торговлей людьми на национальном и международном уровне;

2. Поощрять диалог и сотрудничество между правительствами, международными органи- зациями, гражданским обществом и частным сектором, включая предприятия, а также – в качестве социальных партнеров – профсоюзами и организациями нанимателей с целью наращивания усилий по предотвращению торговли людьми, в частности, посредством повы- шения осведомленности о роли каждой из сторон, а также посредством содействия обмену информацией о торговле людьми между странами происхождения, транзита и назначения, включая партнеров по сотрудничеству, и признания важности учета мнения жертв тор- говли людьми в контексте выработки эффективных стратегий борьбы с такой торговлей;

3. И далее использовать ОБСЕ в качестве площадки для диалога по вопросам, касающимся сотрудничества судебных и правоохранительных органов, пограничной безопасности и пограничного режима, – как одного из важных элементов предотвращения торговли людьми; 6 4. Продвигать межучрежденческие, межсекторальные и многосторонние программы нара- щивания потенциала, стимулирующие принятие мер по предотвращению торговли людьми

351 6.2.1 Общие положения по поводу предотвращения

в любых формах, с особым акцентом на факторах, в результате действия которых люди могут стать объектом торговли людьми;

5. Принять надлежащие меры для эффективной борьбы с торговлей людьми посредством разработки согласованных процедур и проведения учебных мероприятий, касающихся, в частности, выявления и защиты жертв торговли людьми, в том числе для работников соответствующих органов, организаций гражданского общества, сотрудников медицин- ских учреждений и социальных работников, а также других лиц, которые могут первыми контактировать с жертвами;

6. Наращивать информационно-просветительские усилия, в том числе в правозащитной области, и разработать и реализовать программы по расширению прав и возможностей, учитывающие особые потребности женщин, мужчин, девочек и мальчиков, в целях укре- пления на уровне общин потенциала по распознаванию и предотвращению случаев тор- говли людьми и борьбы с ней;

7. Следовать ориентированному на интересы жертв, основанному на понимании их трав- матического опыта и (…) учитывающему гендерную специфику подходу, предполагающему полное уважение прав человека и основных свобод при проведении любой работы по пред- упреждению и оказанию помощи;

8. Признать важный вклад в предотвращение торговли людьми, который способны вне- сти средства массовой информации, в частности, посредством введения на добровольной основе профессиональных стандартов, требующих ответственного и деликатного освеще- ния случаев торговли людьми;

9. Выявлять и разрабатывать наилучшую практику и обмениваться ее примерами (…) в интересах налаживания между государственным и частным секторами на национальном и глобальном уровне успешных партнерских связей в сфере борьбы с торговлей людьми, поощрять уважение прав человека и корпоративную социальную ответственность, в том числе посредством проведения общественно-просветительских мероприятий, посвящен- ных риску торговли людьми при производстве и приобретении товаров и оказании услуг;

10. Побуждать частный сектор к введению стратегий и процедур, направленных на пре- дотвращение любых форм торговли людьми, активному участию в коллективных усилиях, повышению осведомленности о рисках торговли людьми и учету передового опыта, такого, как учреждение независимых механизмов мониторинга, контроля и сертификации с целью документального подтверждения факта соблюдения требований и выполнения кодексов поведения или добровольно введенных этических норм, в том числе посредством введения стимулов, побуждающих предприятия проявлять надлежащую осмотрительность и дей- ствовать транспарентно, в интересах недопущения неподобающего обращения и эксплуа- тации работников во всех звеньях их производственно-сбытовой цепи и создания равных условий для ответственных компаний;

11. В дополнение к нормам национального законодательства продвигать стратегии, пред- полагающие рассмотрение вопроса о выдаче государственных подрядов на поставку това- ров и услуг с учетом того, принимаются ли предприятиями надлежащие эффективные меры по противодействию риску торговли людьми, в том числе в отношении их субпод- рядчиков и работников;

352 6.2.1 Общие положения по поводу предотвращения

12. Принять надлежащие меры по выявлению и искоренению злоупотреблений и мошен- ничества при наборе персонала и трудоустройстве, которые способны вести к торговле людьми в целях трудовой или сексуальной эксплуатации, принуждения к преступной дея- тельности или к торговле людьми в иных формах, включая меры, способствующие введению четких критериев для официальной регистрации агентств по набору рабочей силы и тру- доустройству, в том числе посредством повышения роли компетентных органов, таких, как инспекторы по труду;

13. Содействовать принятию мер, направленных на предотвращение использования прину- дительного труда дипломатическими сотрудниками и другими работниками дипломатиче- ских миссий, консульских учреждений и международных организаций и противодействие ему, а также мер по продвижению политики абсолютной нетерпимости к торговле людьми со стороны таких работников, принимая во внимание международный передовой опыт, обобщенный, например, в подготовленном ОБСЕ руководстве о том, как не допускать тор- говли людьми в целях подневольного труда в домашнем хозяйстве в семьях дипломатов и защищать частных домашних работников; при этом отмечается, что многие такие меры соответствуют Венским конвенциям о дипломатических и консульских сношениях, а также положениям соглашений о штаб-квартире, заключенных с международными организаци- ями, и признается, что в Венских конвенциях предусматривается обязанность уважать законы и постановления государства пребывания, в том числе предназначенные для пре- дотвращения торговли людьми и противодействия ей;

14. Поручить Специальному представителю и координатору ОБСЕ по борьбе с торговлей людьми и, в соответствующих случаях, ее другим занимающимся этой тематикой испол- нительным структурам – в соответствии с их мандатом и в координации со Специальным представителем ОБСЕ – продолжить сотрудничество с Альянсом против торговли людьми и другими региональными и глобальными платформами, в частности с Межучрежденче- ской координационной группой по борьбе с торговлей людьми;

15. Побуждать соответствующие исполнительные структуры – в соответствии с их манда- том и в координации со Специальным представителем и координатором ОБСЕ по борьбе с торговлей людьми – продолжить на основе консультаций с государствами-участниками исследования, нацеленные на проведение мероприятий по наращиванию потенциала в инте- ресах оказания государствам-участникам по их просьбе содействия в разработке стратегий и руководящих принципов, предназначенных для наращивания усилий по предотвраще- нию торговли людьми; (…)

Вена, 2017 г. (Решение № 7/17 Наращивание усилий по борьбе со всеми формами торговли детьми, в том числе с целью сексуальной эксплуатации, а также другими формами сексуальной эксплуатации детей)

Совет министров,

(…)

будучи глубоко встревожен сохранением всех форм торговли детьми, как транснациональ- 6 ной, так и внутренней, включая торговлю детьми с целью сексуальной и трудовой эксплуа- тации, и вновь заявляя о необходимости принятия против этого более решительных мер,

353 6.2.1 Общие положения по поводу предотвращения

вновь подтверждая, что в принимаемых в отношении детей, ставших объектом торговли или сексуальной эксплуатации, решениях первоочередное внимание уделяется наилуч- шему обеспечению интересов ребенка, а также необходимость уважения особых потребно- стей детей в защите и помощи и принцип предоставления ребенку возможности высказать свое мнение,

испытывая чувство глубокого сожаления о том, что сексуальная эксплуатация детей может привести к серьезным пожизненным последствиям для физического и психического здоро- вья и развития ребенка и во многих случаях является формой торговли людьми,

признавая, что все формы торговли детьми, в том числе с целью сексуальной эксплуатации, а также другие формы сексуальной эксплуатации детей унижают человеческое достоинство и подрывают основы для осуществления прав человека и основных свобод,

считая, что все формы торговли детьми, в том числе с целью сексуальной эксплуатации, а также другие формы сексуальной эксплуатации детей представляют собой тяжкое и гнус- ное преступление, совершаемое во многих случаях с участием организованной преступно- сти, и что подобные преступления должны предотвращаться, расследоваться, преследоваться и наказываться, (…)

признавая, что сексуальная эксплуатация детей во время путешествий и туризма с воз- можностью поездок из одной страны в другую является серьезным преступлением и спо- собствует спросу, стимулирующему торговлю детьми с целью сексуальной эксплуатации,

отдавая должное государствам-участникам, которые работают с индустрией путешествий и туризма, включая авиакомпании и другие виды транспорта, а также с гостиницами, гости- ничным бизнесом в более широком плане, гражданским обществом и соответствующими международными организациями с целью предотвращения всех форм торговли детьми, в том числе с целью сексуальной эксплуатации, а также других форм сексуальной эксплу- атации детей и установления и применения процедур для выявления случаев предположи- тельной торговли детьми, информирования о них и разбирательства с ними,

подчеркивая, что информационно-коммуникационные технологии (ИКТ) могут играть позитивную роль в просвещении, развитии и воспитании детей, но могут также неправо- мерно использоваться для облегчения доступа к детям с целью эксплуатации или для разме- щения рекламных объявлений о детях с целью сексуальной эксплуатации и что социальные сети могут неправомерно использоваться для развращения взрослыми детей, которые могут стать объектом сексуальной эксплуатации, а также использования форм торговли детьми,

напоминая о том, что в Дополнении к Плану действий ОБСЕ по борьбе с торговлей детьми 2013 года содержится призыв к государствам-участникам осуществлять подготовку долж- ностных лиц пограничных служб, должностных лиц правоохранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб в обла- сти использования Интернета и других информационных и коммуникационных техноло- гий в отношении торговли людьми и связанных с ней преступлений, включая все формы торговли детьми и сексуальной эксплуатации детей,

будучи обеспокоен тем, что дети, имеющие в Интернете доступ к порнографии, могут поте- рять восприимчивость к ней и скорее всего стать жертвами или виновниками сексуаль- ной эксплуатации,

354 6.2.1 Общие положения по поводу предотвращения

принимая во внимание, что за последнее десятилетие были разработаны новые техноло- гии проверки возраста, которые могли бы помочь защитить детей от доступа к порногра- фии в Интернете,

выражая озабоченность по поводу того, что дети в миграционных потоках, в частности, несопровождаемые несовершеннолетние, могут быть особенно уязвимы с точки зрения торговли людьми и сексуальной эксплуатации и что специализированные службы, обеспе- чение адекватного уровня безопасности, подготовка и достаточное количество персонала, а также использование женских патрулей могут уменьшить эти риски,

1. Поддерживает сотрудничество между государствами-участниками, международными организациями и гражданским обществом в борьбе со всеми формами торговли детьми, в том числе с целью сексуальной эксплуатации, а также другими формами сексуальной экс- плуатации детей, принимая во внимание их усилия по борьбе с этими преступлениями; (…)

8. Рекомендует государствам-участникам предложить компаниям, занимающимся инфор- мационными и коммуникационными технологиями и социальными сетями, не допускать онлайновое распространение контента с сексуальным насилием над детьми и защищать детей, ведя борьбу с их развращением торговцами людьми в онлайновом режиме в отно- шении всех форм торговли детьми, а также другой сексуальной эксплуатации детей, в том числе путем разработки новых инструментов и технологий; (…)

12. Поручает соответствующим исполнительным структурам ОБСЕ в соответствии с их мандатами и при условии координации действий со Специальным представителем и коор- динатором по борьбе с торговлей людьми ОБСЕ и далее оказывать государствам-участни- кам, по их просьбе, содействие в выполнении своих обязательств, касающихся всех форм торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также других форм сексуаль- ной эксплуатации детей;

13. Предлагает партнерам ОБСЕ по сотрудничеству на добровольной основе присоеди- ниться к обязательствам государств-участников в борьбе со всеми формами торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также другими формами сексуальной эксплуатации детей.

Милан, 2018 г. (Решение № 6/18 Наращивание усилий по предупреждению торговли детьми, включая несопровождаемых несовершеннолетних, и борьбе с ней)

Совет министров,

будучи глубоко встревожен широкой распространенностью торговли детьми, включая несопровождаемых, во всех ее формах, в том числе с целью сексуальной эксплуатации, при- нуждения к труду, к преступной деятельности или к вступлению в брак, а также с целью изъятия органов, (…) 6 будучи глубоко обеспокоен наблюдаемым в последние годы большим числом несопрово- ждаемых детей, которые уязвимы с точки зрения торговли людьми,

355 6.2.2 Расследование, правоприменение и судебное преследование

(…)

отдавая должное государствам-участникам, принимающим специальные законодательные и иные меры для скорейшего выявления, приема и защиты детей, уязвимых с точки зрения торговли людьми, включая несопровождаемых несовершеннолетних,

признавая важность вклада, который гражданское общество, включая религиозные органи- зации, вносит в содействие, среди прочего, работе, проводимой национальными властями с целью предупреждения торговли детьми во всех ее формах и борьбы с ней, через нацио- нальные механизмы противодействия такой торговле, включая национальные механизмы перенаправления, где это целесообразно,

отмечая состоявшуюся 17-ю конференцию Альянса против торговли людьми на тему «Тор- говля детьми и наилучшие интересы ребенка» (2017 год) и первое Дополнительное сове- щание ОБСЕ по человеческому измерению на тему «Торговля детьми: от предупреждения – к защите» (2018 год),

призывает государства-участники: (…)

13. Поручить соответствующим исполнительным структурам ОБСЕ, действуя в соответствии со своими мандатами, в пределах имеющихся ресурсов и в координации со Специальным представителем и координатором ОБСЕ по борьбе с торговлей людьми, продолжить ока- зание государствам-участникам по их просьбе содействия в борьбе с торговлей детьми во всех ее формах, в частности, путем максимального расширения существующей базы зна- ний и недопущения при этом дублирования усилий и финансируемых программ.

6.2.2 Расследование, правоприменение и судебное преследование

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

24. Мы будем принимать меры по (…) прекращению (…) всех форм торговли людьми. Для предотвращения подобных преступлений мы будем, среди прочего, содействовать при- нятию или укреплению законодательства для привлечения виновных в таких действиях к ответственности (…)

Вена, 2000 г. (Решение об активизации усилий ОБСЕ по борьбе c торговлей людьми)

Совет министров, (…)

3. Признает главную ответственность государств-участников в том, что касается борьбы с торговлей людьми на основе комплексного и скоординированного подхода, включающего (…) судебное преследование торговцев и их сообщников; (…)

356 6.2.2 Расследование, правоприменение и судебное преследование

эффективного противодействия ей со стороны правоохранительных органов и судебного преследования за нее. В таком законодательстве должен учитываться правозащитный под- ход к проблеме торговли людьми и должны содержаться положения о защите прав человека применительно к ее жертвам, обеспечивающие, чтобы жертвы торговли людьми не подвер- гались преследованию лишь по той причине, что они стали объектом торговли;

Бухарест, 2001 г. (Решение № 6/01)

Совет министров, (…)

Порту, 2002 г. (Декларация о торговле людьми)

Мы призываем государства-участники усиливать международное сотрудничество по борьбе с транснациональной организованной преступностью, включая такие преступные деяния, как незаконный оборот наркотиков и оружия, а также контрабанду мигрантов. В таком сотрудничестве должны участвовать международные правоохранительные органы, такие как Европол и Интерпол, а также Инициатива по сотрудничеству в Юго-Восточной Европе (ИСЮВЕ), в целях расследования случаев торговли людьми и преследования виновных в соответствии с внутренним законодательством и, где это применимо, международными обязательствами (…)

III. Расследование, правоприменение и судебное преследование (…)

Рекомендуемые действия на национальном уровне

1. Признание уголовно наказуемым деянием 1.1 Принимать такие законодательные и иные меры, какие могут потребоваться, с тем, чтобы признать в качестве уголовно наказуемых деяния, указанные в статье 3 Протокола ООН о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющего Конвенцию ООН против транснациональной органи- зованной преступности. 1.2 Принимать такие законодательные и иные меры, какие могут потребоваться, с тем, чтобы признать в качестве уголовно наказуемых следующие деяния: • покушение на совершение данного уголовного преступления; • участие в совершении данного уголовного преступления в качестве сообщника; • организацию других лиц или руководство ими с целью совершения данного уголовного 6 преступления.

357 6.2.2 Расследование, правоприменение и судебное преследование

1.3 Принимать такие меры, какие могут потребоваться для установления ответственности юридических лиц, помимо ответственности физических лиц, за преступления, связанные с торговлей людьми. При условии соблюдения правовых принципов государства-участ- ника ответственность юридических лиц может быть уголовной, гражданско-правовой и/ или административной. 1.4 Принимать законодательные положения, которые предусматривают эффективные и соразмерные меры уголовного наказания, включая тюремное заключение, учитываю- щие серьезность данного преступления. Там, где это целесообразно, законодательство должно предусматривать дополнительные меры наказания для лиц, признанных вино- вными в торговле людьми при отягчающих обстоятельствах, например, в случаях престу- плений, связанных с торговлей детьми, или преступлений, совершенных государственными должностными лицами или при их соучастии. 1.5 Рассматривать возможность принятия законодательных положений, предусматриваю- щих конфискацию орудий торговли людьми и связанных с нею уголовных преступлений, а также доходов от них, с указанием, где это не противоречит национальному законода- тельству, что конфискованные доходы от торговли людьми будут использоваться на благо жертв этой торговли. Рассмотреть вопрос об учреждении фонда компенсационных выплат жертвам торговли людьми и использовании конфискованных активов в качестве вспомо- гательного источника финансирования такого фонда. 1.6 Обеспечивать, чтобы торговля людьми, составляющие такую торговлю действия и свя- занные с нею преступления квалифицировались в национальном законодательстве и дого- ворах о выдаче как преступления, которые могут повлечь выдачу. 1.7 Принимать такие законодательные и иные меры для признания уголовно наказуемыми актов активной или пассивной коррупции среди публичных должностных лиц, как пере- численные в статьях 8 и 9 Конвенции ООН против транснациональной организованной преступности. 1.8 Обеспечивать, чтобы в отношении жертв торговли людьми не возбуждались уголовные дела лишь на том непосредственном основании, что они стали объектом такой торговли.

2. Правоохранительные меры 2.1 Применять в полном объеме предусмотренные законодательством меры по борьбе с тор- говлей людьми и связанные с ними меры. 2.2 Создавать специальные подразделения по борьбе с торговлей людьми, состоящие как из мужчин, так и из женщин, прошедших основательную подготовку в расследовании престу- плений, связанных с посягательствами сексуального характера, или преступлений, касаю- щихся детей, с тем, чтобы способствовать повышению компетентности, профессионализма и добросовестности работников. 2.3 Наращивать потенциал в области борьбы с коррупцией. 2.4 Разрабатывать программы взаимодействия полиции с местным населением: повышать уровень доверия между полицией и населением, с тем, чтобы, в частности, способствовать получению информации, касающейся торговли людьми, и стимулировать у потерпевших желание заявлять о преступлениях. 2.5 Расширять сотрудничество между следственными правоохранительными органами с целью установления возможно криминального, связанного с торговлей людьми проис- хождения подозрительных активов. 2.6 Обеспечивать не только ресурсы и подготовку кадров для развития основанной на сборе оперативной информации полицейской деятельности по обузданию и анализу преступности,

358 6.2.2 Расследование, правоприменение и судебное преследование

а также по обработке и анализу криминалистических данных, но и другие высокопрофес- сиональные навыки и современную технику, необходимые правоохранительным органам для выполнения их задач по борьбе с торговлей людьми. 2.7 Побуждать следователей и прокуроров к тому, чтобы в ходе следствия и судебного пре- следования они не полагались только и исключительно на свидетельские показания. Изу- чать альтернативные стратегии расследования, исключающие необходимость обязательной дачи потерпевшими показаний в суде. 2.8 Принимать практически осуществимые меры с целью обеспечить, чтобы в отношении сотрудников миссий ОБСЕ, нарушающих своим поведением Кодекс поведения сотрудников миссий ОБСЕ и другие положения, применялись установленные санкции, включая, в над- лежащих случаях, дисциплинарные процедуры и уголовное преследование. 2.9 Уделять первоочередное внимание проблеме коррупции в местных правоохранитель- ных органах и обеспечивать применение надлежащих дисциплинарных процедур и уголов- ного преследования в отношении правоохранительных органов, уличенных в коррупции, связанной с торговлей людьми.

3. Сотрудничество правоохранительных органов и обмен информацией между государ- ствами-участниками 3.1 Тесно сотрудничать друг с другом, действуя сообразно своим внутренним правовым и административным системам, в целях повышения эффективности правоохранительных мер по борьбе с преступлениями, охватываемыми настоящим Планом действий. Развивать аналогичное сотрудничество и координацию действий между правоохранительными орга- нами внутри государств. 3.2 Принимать эффективные меры, в частности, с целью: • расширения и, где это необходимо, создания каналов связи между государствами-у- частниками; • сотрудничества в расследовании преступлений, охватываемых настоящим Планом дей- ствий; • предоставления, в надлежащих случаях, предметов или доказательств, необходимых для целей анализа или расследования; • содействия эффективной координации действий между их компетентными органами, ведомствами и службами и поощрения обмена сотрудниками и другими экспертами, включая, при условии заключения заинтересованными государствами-участниками двусторонних соглашений или договоренностей, направление сотрудников по связям; • обмена информацией о конкретных средствах и методах, применяемых организованными преступными группами, включая, где это применимо, сведения о маршрутах и перевоз- ках, а также об использовании ложных имен, измененных или поддельных документов либо других средств сокрытия их деятельности; • координации административных и иных мер, признанных целесообразными для забла- говременного выявления преступлений, охватываемых настоящим Планом действий. 3.3 Заключать соглашения о двустороннем и многостороннем сотрудничестве между пра- воохранительными органами для облегчения обмена информацией. 3.4 Предпринимать усилия с целью разработки единых стандартов, касающихся сбора ста- 6 тистических данных.

359 6.2.2 Расследование, правоприменение и судебное преследование

4. Оказание помощи и защиты свидетелям и потерпевшим в рамках системы уголовного правосудия 4.1 Принимать, в пределах имеющихся у государств-участников возможностей, надлежащие меры, включая законодательные, для обеспечения эффективной защиты от вероятной мести или запугивания в отношении участвующих в уголовном производстве свидетелей, кото- рые дают показания в связи с преступлениями, охватываемыми настоящим Планом дей- ствий, и, в надлежащих случаях, в отношении их родственников и других близких им лиц. 4.2 Повышать степень осознания правоохранительными органами и должностными лицами своей ответственности за обеспечение безопасности жертв ТЛ и их благополучия в бли- жайшей перспективе. 4.3 Обеспечивать защиту сведений и право потерпевших на неприкосновенность частной жизни, в том числе в процессе сбора сведений и их анализа. 4.4 Облегчать участие потерпевших в качестве свидетелей в расследованиях и судебных слу- шаниях или в других мероприятиях в рамках уголовного производства путем предоставле- ния им возможности сменить место жительства в качестве одной из мер защиты свидетелей. 4.5 Давать потерпевшим юридические консультации в процессе принятия ими решения о том, выступать ли с показаниями в суде. 4.6 Разрешать НПО оказывать потерпевшим поддержку в ходе судебных слушаний, если это не противоречит национальному законодательству.

5. Подготовка кадров 5.1 Организовывать или совершенствовать подготовку должностных лиц пограничных служб, должностных лиц правоохранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб по всем аспектам проблемы тор- говли людьми. 5.2 При осуществлении программ такой подготовки уделять внимание вопросам прав чело- века, проблемам, особо затрагивающим детей, а также гендерной проблематике, и поощ- рять сотрудничество с неправительственными организациями, другими соответствующими организациями и иными элементами гражданского общества.

6. Меры пограничного контроля 6.1 Рассматривать возможность принятия мер, которые позволяют, в соответствии с вну- тренним законодательством, отказывать во въезде, аннулировать визы или, возможно, временно задерживать лиц, причастных к совершению преступлений, как они определены в действующем законодательстве. 6.2 Рассматривать возможность укрепления сотрудничества между органами пограничного контроля, в том числе путем создания и поддержания прямых каналов связи.

7. Надежность документов и контроль за ними 7.1 Принимать, в пределах имеющихся возможностей, такие меры, какие могут потребо- ваться для обеспечения такого качества выдаваемых государствами-участниками или от их имени документов на въезд/выезд или удостоверений личности, которое в максималь- ной степени затрудняло бы их неправомерное использование, подделку или противозакон- ное изменение, воспроизведение или выдачу.

8. Законность и действительность документов

360 6.2.2 Расследование, правоприменение и судебное преследование

8.1 По просьбе другого государства-участника и в соответствии со своим внутренним законодательством проводить в течение разумного срока проверку законности и действи- тельности выданных или якобы выданных от его имени документов на въезд/выезд или удостоверений личности в тех случаях, когда есть весомые основания подозревать, что они используются для целей торговли людьми.

София, 2004 г. (Решение № 13/04 Особые потребности детей, являющихся жертвами торговли людьми, в защите и помощи)

Совет министров, (…)

1. Постановляет наращивать усилия ОБСЕ, направленные на предотвращение торговли детьми (…) и уголовное преследование торговцев детьми (…) (…)

Совет министров, (…)

2. Настоятельно призывает государства-участники содействовать принятию всеобъем- лющего подхода к проблеме борьбы со всеми формами торговли людьми в рамках наци- ональных, региональных и международных механизмов, сотрудничеству и координации действий между сотрудниками правоохранительных органов, трудовых инспекций, орга- нов социальной защиты, медицинских учреждений, иммиграционных и пограничных служб (…) а также между любыми другими соответствующими сторонами, включая также подход, ориентированный на гендерные аспекты. С этой целью государствам-участникам рекомендуется создавать национальные механизмы передачи и рассмотрения дел, а также назначать национальных координаторов; (…)

6. Призывает государства-участники активно бороться с торговлей людьми в целях трудо- вой эксплуатации, в том числе путем: (…)

g) обмена существующей передовой практикой оперативных действий в ходе полицейских 6 расследований случаев торговли людьми в целях трудовой эксплуатации и обеспечения, чтобы полиция, работающая по случаям торговли людьми, могла регулярно контактиро- вать со своими коллегами из других учреждений, отвечающих за расследование условий

361 6.2.2 Расследование, правоприменение и судебное преследование

труда, в зависимости от случая, и комплексно подходить к проблеме определения и защиты прав жертв торговли и трудовой эксплуатации; (…)

Мадрид, 2007 г. (Решение № 8/07 Борьба с торговлей людьми в целях трудовой эксплуатации)

Совет министров, (…)

призывает государства-участники: (…)

4. Обеспечить наращивание усилий и повышение эффективности процедур по идентифи- кации жертв торговли людьми и в связи с этим обеспечить подготовку своих инспекторов по труду и ресурсы, необходимые для выполнения этой задачи и, в случае необходимо- сти, активизировать проведение инспекций в секторах, уязвимых с точки зрения трудо- вой эксплуатации; (…)

6. Рассмотреть вопрос о разрешении в соответствии с национальным законодательством жертвам торговли людьми в целях трудовой эксплуатации альтернативного представи- тельства в судебном процессе, когда жертва не может осуществлять его самостоятельно; (…)

14. Обеспечить эффективные и пропорциональные санкции против тех, кто способствует торговле людьми в целях трудовой эксплуатации, включая работодателей, занимающихся эксплуатацией;

15. Обеспечить эффективные санкции в тех случаях, когда работодатели или агентства по трудоустройству создают ситуации долговой кабалы; (…)

17. Рассмотреть вопрос об обеспечении того, чтобы подрядчики, которые сознательно используют субподрядчиков, участвующих в торговле людьми в целях трудовой эксплуа- тации, могли быть привлечены к ответственности за это преступление;

18. Рассмотреть вопрос об обеспечении подготовки судей, прокуроров, сотрудников поли- ции и инспекторов по труду, касающейся торговли людьми в целях трудовой эксплуатации, с точки зрения как уголовного преследования, так и защиты жертв и в связи с этим обеспе- чить, когда это необходимо, предоставление соответствующих ресурсов; (…)

362 6.2.2 Расследование, правоприменение и судебное преследование

Совет министров, (…)

вновь заявляя о своей озабоченности тем, что, несмотря на последовательные меры, при- нимаемые на международном, региональном и национальном уровнях (…) лишь отдель- ные торговцы людьми предстали перед правосудием,

признавая, что оказание жертвам торговли людьми адекватной защиты и содействия и более активное выявление жертв входят в число необходимых предварительных условий эффек- тивного участия уголовного правосудия в этой борьбе, в том числе в форме уголовного пре- следования торговцев людьми и их соучастников,

вновь заявляя, что обязательство вести борьбу с этой формой преступления в равной сте- пени лежит на странах происхождения, транзита и назначения,

вновь подтверждая поддержку усилий, прилагаемых государствами- участниками в сотруд- ничестве с международными и региональными организациями, неправительственными организациями и другими соответствующими органами в направлении выработки все- объемлющего, скоординированного и интегрированного подхода к борьбе с торговлей людьми, который включает, в частности, меры по предупреждению торговли людьми, (…) и меры по уголовному преследованию торговцев людьми, а также меры по борьбе с дея- тельностью транснациональных преступных организаций и других элементов, которые наживаются на торговле людьми, (…)

будучи преисполнен решимости добиться более эффективной борьбы с торговлей людьми в рамках уголовного правосудия,

1. Рекомендует тем государствам-участникам, которые еще не сделали этого, принять меры к тому, чтобы все формы торговли людьми, как они определены в Плане действий ОБСЕ, были признаны уголовно наказуемыми деяниями и чтобы действия лиц, участвующих в торговле людьми, не оставались безнаказанными;

2. Рекомендует государствам-участникам принять меры к тому, чтобы профессиональная подготовка по вопросам борьбы с торговлей людьми была включена в программу обучения сотрудников правоохранительных органов и чтобы соответствующие должностные лица органов национальной прокуратуры и судьи получали специализированную профессио- нальную подготовку по проблематике торговли людьми. Каждому государству-участнику в рамках инструктажа своего воинского и гражданского контингентов, направляемых за рубеж, надлежит учитывать политику борьбы с торговлей людьми и ее последствия;

3. Настоятельно призывает государства-участники принимать меры к тому, чтобы право- охранительные структуры и, где необходимо, суды сотрудничали между собой и с другими органами, в том числе социальными службами, а также, при необходимости, с соответству- 6 ющими организациями гражданского общества в целях более эффективного выявления жертв торговли людьми;

363 6.2.2 Расследование, правоприменение и судебное преследование

4. Рекомендует государствам-участникам в тех случаях, когда это необходимо и предусмо- трено их соответствующими законами, прилагать усилия к тому, чтобы организации граж- данского общества, принимающие участие в защите прав жертв торговли людьми, имели возможность оказывать содействие и поддержку жертвам также в ходе уголовного процесса, и в этом контексте рассмотреть возможность налаживания сотрудничества между право- охранительными структурами и организациями гражданского общества;

5. Призывает государства-участники обеспечивать, чтобы при наличии у властей разум- ных оснований полагать, что конкретное лицо является жертвой торговли людьми, это лицо не подлежало высылке из страны до адекватного завершения процесса установления личности и чтобы этому лицу оказывалось надлежащее содействие, в том числе, если этого требует внутреннее законодательство, ему был предоставлен надлежащий период времени для восстановления физических и духовных сил, в течение которого решение о высылке из страны не приводилось бы в исполнение; (…)

8. Настоятельно призывает государства-участники, которые еще не сделали этого, обеспе- чить, чтобы расследование дел или преследование по фактам торговли людьми не стави- лись в зависимость от наличия заявления или обвинения со стороны жертвы;

9. Призывает государства-участники продолжать принимать усилия для обеспечения того, чтобы с жертвами торговли людьми обращались подобающим образом, который гаран- тирует им пользование в полном объеме правами человека без угроз, запугивания или притеснения, и признать за жертвами потребность в адекватном времени для того, чтобы оправиться от душевной травмы;

10. Рекомендует государствам-участникам принимать меры в соответствии с требовани- ями их надлежащих законов, с тем чтобы жертвы торговли людьми имели возможность получать справедливую и должную компенсацию за нанесенный им ущерб и в соответству- ющих случаях требовать материального возмещения в рамках уголовного и/или граждан- ского судопроизводства;

11. Призывает к более активному сотрудничеству национальных, правозащитных и про- курорских структур с соответствующими международными органами, в том числе Интер- полом и Европолом, и с правозащитными структурами других государств-участников, например, в форме назначения сотрудников по связи или совместных следственных бригад в тех случаях, когда это обеспечивает повышение эффективности и действенности ответ- ных мер в рамках уголовного правосудия;

12. Настоятельно призывает государства-участники активизировать принятие мер с целью раскрытия сетей торговли людьми, в том числе путем проведения мероприятий по финан- совому расследованию, следственных мероприятий по фактам отмывания денег в связи с торговлей людьми и путем замораживания или конфискации средств торговцев людьми;

13. Поручает Специальному представителю в рамках имеющихся ресурсов и как часть регуляр- ной отчетности перед Постоянным советом в сотрудничестве с государствами-участниками

364 6.2.2 Расследование, правоприменение и судебное преследование

подготовить рекомендации о путях дальнейшего повышения эффективности борьбы с тор- говлей людьми в рамках уголовного правосудия.

Вильнюс, 2011 г. (Декларация о борьбе со всеми формами торговли людьми) (…)

9. Мы признаем необходимость усиления мер борьбы с торговлей людьми в плоскости уго- ловного правосудия, включая судебное преследование торговцев людьми и их сообщни- ков, при обеспечении такого обращения с беженцами, при котором соблюдаются их права человека, и обеспечении им доступа к правосудию, юридической помощи, а также к эффек- тивным средствам защиты и другим услугам, где это применимо. Мы будем стремиться использовать различные методы проведения расследований, такие, как финансовые рассле- дования, совершенствовать обмен информацией, касающейся организованных преступных групп, и способствовать трансграничному взаимодействию правоохранительных и судеб- ных органов в целях эффективного выявления как торговцев людьми, так и потенциаль- ных жертв этой торговли. (…)

Киев, 2013 г. (Декларация министров о наращивании усилий ОБСЕ по противодействию транснациональным угрозам)

Мы, члены Совета министров ОБСЕ, признавая эволюционирующий характер транснацио- нальных угроз в регионе ОБСЕ и за его пределами и необходимость обеспечения коллектив- ных и эффективных международных ответных мер, скоординированных и опирающихся на межизмеренческий подход, (…)

высоко оцениваем деятельность государств – участников ОБСЕ по укреплению сотрудни- чества в противодействии транснациональным угрозам в таких областях, как противодей- ствие терроризму, борьба с организованной преступностью, торговля людьми и (…), а также разработка мер укрепления доверия (МДБ), (…) что в совокупности способствовало повы- шению авторитета ОБСЕ в противодействии транснациональным угрозам; (…)

призываем государства – участники ОБСЕ и соответствующие исполнительные структуры в рамках их мандатов и установленных процедур активизировать усилия по достижению большего единства целей и действий в противодействии существующим и возникающим транснациональным угрозам и продолжать диалог в этой области, в том числе на целевых и ориентированных на достижение конкретного результата тематических совещаниях в рамках всей ОБСЕ, которые должны проводиться по мере необходимости и, предпочти- 6 тельно, на ежегодной основе;

365 6.2.2 Расследование, правоприменение и судебное преследование

призываем государства – участники ОБСЕ, в случае необходимости при поддержке соот- ветствующих исполнительных структур ОБСЕ, и далее развивать сотрудничество с ООН и другими соответствующими международными и региональными организациями на базе Платформы безопасности, основанной на сотрудничестве, 1999 года, а также со средизем- номорскими и азиатскими партнерами ОБСЕ по сотрудничеству с целью дальнейшего укре- пления потенциала ОБСЕ по противодействию транснациональным угрозам, в том числе во взаимодействии с гражданским обществом.

Базель, 2014 г. (Решение № 7/14 Недопущение и пресечение насилия в отношении женщин)

(…)

(D) Уголовное преследование

Вена, 2017 г. (Решение № 6/17 Наращивание усилий по предотвращению торговли людьми) (…)

3. Призывает государства – участники ОБСЕ, которые еще не сделали этого, рассмотреть такие правовые меры, которые позволят им осуществлять уголовное преследование своих граждан за совершение тяжких преступлений сексуального характера в отношении детей даже в том случае, если эти преступления совершаются в другой стране;

366 6.2.2 Расследование, правоприменение и судебное преследование

4. Призывает государства – участники ОБСЕ предотвращать все формы торговли детьми и сексуальной эксплуатации детей, в том числе в туристических местах, путем проведения информационно-просветительской деятельности и работать с частным сектором и граж- данским обществом с целью повышения осведомленности об этих проблемах в рамках индустрии туризма, а также среди лиц, совершающих деловые поездки, и туристов с целью содействия ликвидации спроса, который усугубляет торговлю детьми и сексуальную экс- плуатацию детей;

5. Призывает государства – участники ОБСЕ укреплять сотрудничество и координацию между соответствующими властями, такими, как правоохранительные органы и имми- грационные и пограничные службы государств-участников, партнеров по сотрудниче- ству и государств назначения за пределами региона ОБСЕ, в том числе путем рассмотрения в полном соответствии с национальным законодательством и национальными и междуна- родными механизмами защиты данных таких мер, как: (a) принятие в отношении виновных таких дополнительных административных мер, как включение, если это целесообразно, лиц, признанных виновными в сексуальной эксплу- атации детей или насилии над ними, в реестр лиц, совершивших преступление на сексу- альной почве; (b) использование, когда необходимо, механизма для транснационального обмена между правоохранительными и/или судебными органами информацией о лицах, признанных виновными в сексуальной эксплуатации детей или насилии над ними, и/или получения такой информации;

6. Настоятельно призывает государства-участники преследовать в судебном порядке тор- говцев людьми и виновных в сексуальной эксплуатации детей, включая тех, кто неправо- мерно использует информационные и коммуникационные технологии для вербовки детей или облегчения доступа к детям с целью сделать их объектом торговли людьми или сексу- альной эксплуатации, и назначать меры наказания, которые являются эффективными, ока- зывающими сдерживающее воздействие и соразмерными преступлению;

7. Призывает государства-участники, которые еще не делают этого, способствовать при- менению технологий по проверке возраста с целью ограничения доступа детей к порно- графическим вебсайтам;

9. Призывает государства-участники при необходимости и обеспечивая защиту персо- нальных данных от криминального использования обмениваться данными, касающимися торговли детьми и сексуальной эксплуатации детей, с управляемой Интерполом Между- народной базой визуальных данных о сексуальной эксплуатации детей (ICSE), которая является всемирным центром идентификации жертв и может также помочь в выявлении торговцев людьми и их подельников и отслеживании финансовых потоков с целью ликви- 6 дации криминальных сетей;

367 6.2.3 Защита жертв и оказание им помощи

10. Призывает государства-участники продолжать наращивать, где это необходимо, специ- альную подготовку должностных лиц пограничных служб, должностных лиц правоох- ранительных органов, судей, прокуроров, должностных лиц иммиграционных и иных соответствующих служб, а также педагогов и медицинских работников в области инфор- мационных и коммуникационных технологий для борьбы со всеми формами торговли людьми, а также другой сексуальной эксплуатацией детей;

11. Рекомендует государствам-участникам повышать осведомленность общественности о уязвимости детей в миграционных потоках ко всем формам торговли детьми, в т. ч. с целью сексуальной эксплуатации, а также другим формам сексуальной эксплуатации детей, нара- щивать потенциал и расширять возможности служб первой помощи по выявлению детей, являющихся жертвами торговли людьми и другой сексуальной эксплуатации, и обеспечи- вать им защиту, а также соответствующую помощь и возможность получения юридиче- ских услуг, а также доступа к эффективным средствам правовой защиты и другим услугам, когда это применимо, согласно соответствующим положениям Дополнения к Плану дей- ствий ОБСЕ по борьбе с торговлей людьми 2013 года;

Милан, 2018 г. (Решение № 6/18 Наращивание усилий по предупреждению торговли детьми, включая несопровождаемых несовершеннолетних, и борьбе с ней) (…)

9. Побуждать правоохранительные органы или иные соответствующие органы власти, где это целесообразно, сотрудничать друг с другом путем сбора и обмена информацией – в соот- ветствии с внутренним законодательством их страны, в том числе в области защиты лич- ных данных, – о детях, ставших или рискующих стать объектом торговли людьми, в целях усиления их защиты и решения проблемы пропавших детей;

10. Наращивать сотрудничество на национальном, региональном и международном уров- нях с целью предупреждения торговли детьми и борьбы с ней, особенно в том, что каса- ется сигнализирования и обмена информацией о детях, в том числе несопровождаемых, ставших жертвами торговли людьми, в соответствии с их внутренним законодательством, в том числе в области защиты персональных данных;

11. Рассмотреть возможность назначения национального координатора, к которому смо- гут обращаться должностные лица других стран с запросами, касающимися детей – жертв торговли людьми, в том числе пропавших и/или которых они планируют вернуть в соот- ветствующую страну происхождения;

12. Поощрять усилия по предупреждению торговли детьми путем борьбы с культурой без- наказанности, а также снижения и устранения спроса, стимулирующего все формы экс- плуатации;

6.2.3 Защита жертв и оказание им помощи

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

24. Мы будем принимать меры по (…) прекращению насилия в отношении женщин и детей, а также сексуальной эксплуатации и всех форм торговли людьми. Для предотвращения подобных преступлений мы будем, среди прочего, содействовать (…) усилени[ю] защиты потерпевших.

368 6.2.3 Защита жертв и оказание им помощи

Вена, 2000 г. (Решение об активизации усилий ОБСЕ по борьбе c торговлей людьми)

Совет министров, (…)

9. Берет на себя обязательство осуществлять необходимые меры, в том числе путем приня- тия и применения законодательства для квалификации торговли людьми как уголовного преступления (…) В таком законодательстве должен учитываться правозащитный подход к проблеме торговли людьми и должны содержаться положения о защите прав человека применительно к ее жертвам, обеспечивающие, чтобы жертвы торговли людьми не подвер- гались преследованию лишь по той причине, что они стали объектом торговли;

10. Рассмотрит вопрос о принятии законодательных или других соответствующих мер, таких, как создание приютов, которые позволяли бы жертвам торговли людьми в соответ- ствующих случаях оставаться на их территории на временной или постоянной основе; об установлении соответствующих процедур репатриации жертв торговли людьми с долж- ным учетом их безопасности, включая выдачу документов; а также о выработке политики по вопросам обеспечения таких жертв социально-экономическими льготами, их реабили- тации и социальной реинтеграции;

Порту, 2002 г. (Декларация о торговле людьми)

Мы будем стремиться оказывать жертвам торговли людьми, особенно женщинам и детям, помощь и защиту и в этих целях будем создавать, когда это целесообразно, эффективные и общедоступные национальные механизмы передачи и рассмотрения дел, обеспечиваю- щие, чтобы жертвы торговли людьми не подвергались преследованию лишь по той при- чине, что они стали объектом торговли. Достоинство и человеческие права жертв должны уважаться при всех обстоятельствах (…)

Мы сознаем, что более интенсивное сотрудничество между соответствующими участни- ками в странах происхождения, транзита и назначения играет важнейшую роль в про- граммах возвращения жертв торговли людьми и облегчает их реинтеграцию. Поэтому мы поощряем дальнейшее развитие такого сотрудничества всеми организациями, в том числе НПО, оказывающими помощь жертвам.

Мы рассмотрим вопрос о принятии законодательных или других мер, которые позволяли бы жертвам торговли людьми в соответствующих случаях оставаться на нашей территории на временной или постоянной основе, а также об учете соображений гуманности и сострадания.

Маастрихт, 2003 г. (Приложение к Решению № 2/03 Борьба с торговлей людьми; План действий ОБСЕ по борьбе с торговлей людьми) 6 V. Защита и помощь (…)

369 6.2.3 Защита жертв и оказание им помощи

1. Сбор данных и исследования 1.1 Осуществлять сбор данных путем обмена и анализа информации о лучшей практике и иных сведений, касающихся оказания эффективной защиты и помощи жертвам торговли людьми в государствах-участниках ОБСЕ.

2. Законодательные меры 2.1 Рассмотреть вопрос о принятии законодательства, создающего правовую основу для оказания помощи и защиты жертвам ТЛ, особенно в ходе следствия и судебного разби- рательства.

2.2 Ратифицировать или присоединиться к Протоколу ООН о предотвращении и пресече- нии торговли людьми, особенно женщинами и детьми, и наказании за нее, дополняющему Конвенцию ООН против транснациональной организованной преступности, и обеспечить его выполнение в полном объеме

3. Национальный механизм передачи и рассмотрения дел* (НМПР) 3.1 Учредить национальные механизмы передачи и рассмотрения дел путем создания схемы сотрудничества, в рамках которой государства-участники будут выполнять свои обязательства по защите и обеспечению прав жертв ТЛ на основе координации действий и в стратегическом партнерстве с гражданским обществом и другими участниками работы в этой области. 3.2 Сформулировать руководящие указания, облегчающие точное выявление жертв ТЛ и надлежащее обращение с ними, основанное на уважении взглядов и достоинства соот- ветствующих лиц. 3.3 Объединить усилия правоохранительных органов, включая подразделения, специально созданные для борьбы с торговлей людьми, а также полицию на местном уровне, должност- ных лиц миграционных и пограничных служб, структур по оказанию социальной защиты, медицинских учреждений, а также НПО и других институтов гражданского общества как самых важных участников, которые должны быть вовлечены в работу НМПР. 3.4 Создать соответствующие механизмы для согласования помощи жертвам с деятельно- стью следственных органов и прокуратуры. 3.5 Привлекать особое внимание к необходимости усиления сотрудничества между поли- цией и НПО в выявлении, информировании и защите жертв ТЛ. 3.6 Увязывать работу НМПР с деятельностью межминистерских органов, национальных координаторов, НПО и других соответствующих национальных институтов в целях фор- мирования межсекторальной и междисциплинарной группы, способной разрабатывать политику борьбы с торговлей людьми и отслеживать ее проведение.

4. Приюты 4.1 Создать при государственных органах, НПО или других институтах гражданского общества приюты для жертв торговли людьми; в этих приютах им должны быть обеспе- чены безопасность, возможность получения независимых рекомендаций и консультаций на известном им языке, первая медицинская помощь, а также возможность использовать

* Практическое руководство БДИПЧ «Механизмы перенаправления жертв торговли людьми на нацио- нальном уровне» может служить полезным источником информации о роли МПЖH в оказании помощи и предоставлении защиты пострадавшим от торговли людьми.

370 6.2.3 Защита жертв и оказание им помощи

время для размышлений после пережитой травмы. Приюты могут создаваться на базе уже существующих учреждений, таких, как кризисные центры для женщин. 4.2 Предоставлять доступ в приюты всем жертвам торговли людьми, независимо от их готовности сотрудничать с властями при проведении расследования. 4.3 Уделять особое внимание обеспечению безопасности персонала таких приютов, кон- фиденциальности получаемой информации, а также безопасности жертв ТЛ и неприкос- новенности их частной жизни. 4.4 Использовать приюты для предоставления жертвам ТЛ возможностей для такого обу- чения, которое в дальнейшем облегчит им реинтеграцию, трудоустройство и обретение самостоятельности, а также повышать их социальную конкурентоспособность после пере- житой травмы.

5. Выдача документов 5.1 При необходимости обеспечивать выдачу документов в качестве первого шага по уста- новлению личности потерпевших и определению их статуса в странах назначения, что позволяет избрать соответствующий случаю вариант дальнейшего содействия, такой, как репатриация (предпочтительно добровольная), выдача временного или постоянного вида на жительство и/или легализация работы по найму. 5.2 Усиливать сотрудничество между правоохранительными органами в странах происхож- дения, транзита и назначения, а также ответственными должностными лицами всех учреж- дений, занимающихся восстановлением прав жертв ТЛ, включая сотрудников посольств и консульств государств-участников, в целях облегчения и ускорения проверки личных данных и во избежание необоснованных или неразумных задержек. 5.3 Информировать лиц, признанных жертвами ТЛ, об их праве доступа к дипломатиче- ским и консульским представителям страны своего гражданства.

6. Оказание социальной помощи 6.1 Разрабатывать программы социальной помощи и интеграции, включая юридические консультации на известном потерпевшему языке, медицинскую и психологическую помощь и доступ к медицинскому обслуживанию – в приютах либо в других соответствующих учреждениях. 6.2 Рассмотреть, если это не противоречит национальному законодательству, возможность принятия юридических мер, позволяющих использовать конфискованные активы в качестве дополнения к государственному финансированию программ по удовлетворению потреб- ностей жертв ТЛ и для выплаты жертвам компенсации, соразмерной тяжести совершен- ного против них преступления.

7. Репатриация, реабилитация и реинтеграция 7.1 Оказывать жертвам ТЛ помощь в их предпочтительно добровольной репатриации в страну происхождения с должным учетом их безопасности и безопасности их семей и без необоснованных или неразумных задержек. 7.2 Обеспечивать соблюдение надлежащих процедур в ходе всех действий, связанных с воз- вращением и выдворением, при учете подхода, основанного на гуманности и сострадании. 6 7.3 Рассматривать возможность содействия реабилитации и социальной реинтеграции жертв ТЛ путем предоставления им социально-экономических льгот.

371 6.2.3 Защита жертв и оказание им помощи

7.4 Акцентировать внимание СМИ на необходимости уважать неприкосновенность частной жизни, воздерживаясь от обнародования информации о личности жертв ТЛ и от публика- ции конфиденциальных сведений, которая может нанести ущерб безопасности жертв или отправлению правосудия в ходе уголовного производства.

8. Предоставление времени на размышление и выдача временных или постоянных видов на жительство. 8.1 Рассмотреть вопрос о введении практики предоставления потерпевшим достаточного времени на размышление для принятия решения о том, давать или не давать свидетель- ские показания. 8.2 Рассматривать на индивидуальной основе, если это целесообразно, вопрос о выдаче временных или постоянных видов на жительство, принимая во внимание такие факторы, как потенциальные угрозы безопасности жертв. 8.3 Рассматривать, если это целесообразно, вопрос о выдаче потерпевшим разрешений на работу в период их пребывания в принимающей стране.

9. Обеспечение права просить о предоставлении убежища 9.1 Обеспечивать, чтобы законы, политика, программы и мероприятия по борьбе с тор- говлей людьми не ущемляли право всех лиц, включая жертв ТЛ, запрашивать и получать убежище от преследования в соответствии с международно-правовыми нормами, касаю- щимися беженцев, в частности путем эффективного применения принципа невыдворения.

10. Защита детей 10.1 Обеспечивать, чтобы особые потребности детей и необходимость наилучшего обе- спечения интересов ребенка в полной мере учитывались при принятии решений о предо- ставлении адекватного жилья, надлежащем образовании и попечении. В соответствующих случаях, при отсутствии прямой угрозы безопасности ребенка, предоставлять детям доступ к государственной системе образования. 10.2 Принимать решение о репатриации ребенка, ставшего жертвой ТЛ, только после учета всех конкретных обстоятельств дела и при наличии в стране происхождения семьи или специального учреждения, способных обеспечить безопасность, защиту, реабилитацию и реинтеграцию данного ребенка. 10.3 Учитывать положения, содержащиеся в изданном Верховным комиссаром ООН по делам беженцев руководстве по защите несопровождаемых несовершеннолетних, при выработке политики, касающейся этой «группы риска», – особенно в отношении тех, кто не имеет документов, удостоверяющих личность. 10.4 Использовать двусторонние и/или региональные соглашения об основных принципах надлежащего приема несопровождаемых детей для объединения усилий по защите детей. 10.5 Ратифицировать Факультативный протокол о торговле детьми, детской проституции и детской порнографии к Конвенции о правах ребенка или присоединиться к нему и обе- спечить его осуществление в полном объеме.

372 6.2.3 Защита жертв и оказание им помощи

предполагаемых жертв и сбору доказательств ТЛ в целях оказания, по мере необходимо- сти, помощи государствам-участникам. (…) 14. Подготовка кадров (…) 14.2 Поручить БДИПЧ сбор и распространение информации о мерах, учебных программах и материалах, уже существующих в государствах-участниках ОБСЕ.

София, 2004 г. (Решение № 13/04 Особые потребности детей, являющихся жертвами торговли людьми, в защите и помощи)

Совет министров, (…)

1. Постановляет наращивать усилия ОБСЕ, направленные на предотвращение торговли детьми, оказание защиты и помощи детям, являющимся жертвами торговли (…)

Совет министров, (…)

4. Настоятельно призывает государства-участники, в сотрудничестве с международными 6 организациями и НПО, когда это целесообразно, способствовать снижению для репа- триированных жертв уровня риска рецидива, особенно путем устранения таких факто- ров, как нищета, дискриминация, отсутствие доступа к образованию и экономическим

373 6.2.3 Защита жертв и оказание им помощи

возможностям, сексуальные злоупотребления и бытовое насилие, в результате которых люди чаще становятся объектом торговли людьми, и путем проведения оценок рисков с целью обеспечить, чтобы возвращение жертв происходило с должным учетом вопроса их безопасности;

5. Подчеркивает важность предоставления жертвам торговли людьми эффективного доступа к правосудию, в том числе в области их консультирования и информирования о соответству- ющих правах на том языке, который они понимают, а также предоставления им возможно- сти для получения компенсации за причиненный вред, и призывает государства-участники выполнять их обязательства, предусмотренные в соответствующих положениях Конвенции ООН против транснациональной организованной преступности (Палермская конвенция) и дополняющего ее Протокола о предупреждении и пресечении торговли людьми, особенно женщинами и детьми, и наказании за нее; (…)

Мадрид, 2007 г. (Решение № 8/07 Борьба с торговлей людьми в целях трудовой эксплуатации)

Совет министров, (…)

призывает государства-участники:

1. Обеспечить, чтобы жертвы торговли людьми в целях трудовой эксплуатации имели доступ к правосудию;

2. В соответствии с внутренним правом и международными обязательствами предоставить время на размышление и выдать временные или постоянные виды на жительство жертвам торговли людьми, предусмотреть выдачу жертвам разрешения на работу во время их пре- бывания в стране и повысить осведомленность о таких возможностях;

3. Обеспечить предоставление помощи жертвам торговли людьми в целях трудовой эксплу- атации и, в частности, доступа к убежищу, здравоохранению, юридической и социальной помощи, принимая во внимание рекомендации, содержащиеся в части V Плана действий ОБСЕ по борьбе с торговлей людьми и в Дополнении к нему, касающемся особых потреб- ностей детей – жертв торговли людьми, в защите и помощи, и повысить осведомленность о наличии таких услуг;

374 6.2.3 Защита жертв и оказание им помощи

7. Рассмотреть вопрос о разработке или укреплении своего законодательства, которое пред- лагает жертвам торговли людьми в целях трудовой эксплуатации возможность получения компенсации за понесенный ущерб, включая, когда это необходимо, возвращение им задол- женности по заработной плате;

9. Обеспечить, чтобы организации гражданского общества, которые на законных основа- ниях оказывают помощь жертвам торговли людьми в целях трудовой эксплуатации, не наказывались и не объявлялись вне закона за предоставление такой помощи;

10. Предусмотреть в соответствии с базовыми принципами своей правовой системы воз- можность, когда это целесообразно, не подвергать жертв наказанию за их участие в про- тивоправной деятельности в том случае, если их принудили к этому; (…)

21. Повысить сотрудничество на международном уровне путем обмена информацией и луч- шей практикой в области борьбы с торговлей людьми в целях трудовой эксплуатации и рассмотрения путей укрепления (…) защиты жертв и помощи в реинтеграции в случае репатриации; (…)

Совет министров, (…)

вновь заявляя о своей озабоченности тем, что, несмотря на последовательные меры, при- нимаемые на международном, региональном и национальном уровнях, число жертв тор- 6 говли людьми, которые были выявлены и которым была оказана помощь, по-прежнему невелико (…), (…)

375 6.2.3 Защита жертв и оказание им помощи

вновь подтверждая поддержку усилий, прилагаемых государствами-участниками в сотруд- ничестве с международными и региональными организациями, неправительственными организациями и другими соответствующими органами в направлении выработки всеобъ- емлющего, скоординированного и интегрированного подхода к борьбе с торговлей людьми, который включает, в частности, меры по предупреждению торговли людьми, защите жертв и оказанию им содействия, при полном уважении их прав человека (…), (…)

6. Рекомендует государствам-участникам обеспечивать, чтобы жертвы торговли людьми без ненужной задержки получали доступ к гарантированному жилью, психологической и медицинской помощи и консультациям относительно их юридических прав и доступ- ных для них услуг;

Вильнюс, 2011 г. (Декларация о борьбе со всеми формами торговли людьми) (…)

376 6.2.3 Защита жертв и оказание им помощи

13. Мы признаем необходимость усиления механизмов защиты детей в целях эффективного предупреждения и выявления всех форм торговли ими и принятия мер противодействия ей, имея в виду предоставление – исходя из максимальной заботы об интересах ребенка – соответствующей помощи и защиты детям – жертвам торговли людьми и тем, кто рискует стать объектом торговли, в том числе путем осуществления соответствующих услуг и мер обеспечения физического и психического здоровья, а также их образования, реабилита- ции и социальной реинтеграции. (…)

Базель, 2014 г. (Решение № 7/14 Недопущение и пресечение насилия в отношении женщин) (…)

(С) Защита

5. Рекомендует государствам-участникам: • обеспечить, чтобы жертвы всех форм насилия в отношении женщин получали своев- ременную и адекватную информацию о доступных правовых средствах и службах под- держки, таких, как кризисные центры, приюты или другие соответствующие структуры для жертв сексуального насилия, а также медицинскую помощь, и обеспечить, чтобы они были легкодоступными; • продвигать программы и деятельность по расширению прав и возможностей женщин, ставших жертвами насилия, и оказанию им поддержки.

377 6.2.3 Защита жертв и оказание им помощи

• предоставлять государствам-участникам, которые просят об этом, техническую помощь в создании служб поддержки, таких, как горячие телефонные линии, кризисные цен- тры и т. д.; • предлагать государствам-участникам специализированные учебные курсы для соответ- ствующих специалистов из заинтересованных государств-участников, занимающихся жертвами или лицами, виновными в совершении всех форм насилия в отношении жен- щин, включая сексуальное и бытовое насилие.

Вена, 2017 г. (Решение № 6/17 Наращивание усилий по предотвращению торговли людьми) (…)

2. Предлагает государствам-участникам принять подход, ориентированный на интересы и посттравматическое состояние жертв, который учитывает соответствующие гендерно обусловленные потребности девочек и мальчиков в целях обеспечения наилучших инте- ресов ребенка и полностью отвечает правам человека и основным свободам детей, ставших жертвами торговли детьми или сексуальной эксплуатации; (…)

378 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

Смотри также: II. 6.2: Предотвращение торговли людьми II. 6.4: Предупреждение терроризма

Париж, 1990 г. (Новая эра демократии, мира и единства)

Мы (…) будем совместно бороться с незаконным оборотом наркотиков.

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

27. Незаконный оборот наркотиков представляет опасность для стабильности наших обще- ственных и демократических институтов. Мы будем совместными усилиями укреплять все виды двустороннего и многостороннего сотрудничества в борьбе против незаконного обо- рота наркотиков и других форм международной организованной преступности.

Бухарест, 2001 г. (Декларация Совета министров)

4. (…) Организованная преступность, незаконный оборот наркотиков и оружия и торговля людьми затрагивают безопасность, экономику и социальную структуру всех государств-у- частников. Совет министров поддерживает наращивание усилий и расширение международ- ного сотрудничества в противостоянии этим вызовам и призывает государства-участники, еще не сделавшие этого, присоединиться к Конвенции Организации Объединенных Наций против транснациональной организованной преступности и ее протоколам.

Порту, 2002 г. (Декларация о торговле людьми)

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

31. ОБСЕ усилит свою работу по борьбе с организованной преступностью. Важным вкла- дом в нее были бы регулярные встречи полицейских экспертов из государств-участников ОБСЕ и представителей других соответствующих специализированных международных и региональных организаций (…) Документ ОБСЕ о ЛСО остается ключевым инструмен- том борьбы с незаконной торговлей ЛСО и его распространением во всех ее аспектах. Дея- тельность по осуществлению этого документа будет дополнительно усилена. ОБСЕ будет продолжать уже предпринимаемые в сотрудничестве с ЮНОДК усилия по решению про- 6 блемы незаконного оборота наркотиков. Необходимо разработать эффективный и всеобъ- емлющий международный подход к этой проблеме.

379 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

32. Группа по стратегическим вопросам полицейской деятельности была учреждена для повышения способности государств-участников противодействовать угрозам, связанным с преступной деятельностью, и для содействия им в поддержании верховенства закона. Ее цель состоит в совершенствовании ключевых полицейских навыков, включая уважение прав человека и основных свобод. ОБСЕ будет по просьбе государств-участников уделять дополнительное внимание помощи властям, в том числе на местном уровне, в борьбе с пре- ступностью и преступными сообществами и будет определять и развивать ключевые направ- ления полицейской деятельности, такие, как подготовка кадров и наращивание потенциала.

33. ОБСЕ активизирует свои усилия по решению таких проблем, как контрабандный про- воз мигрантов и нелегальная миграция.

34. Для эффективного предупреждения коррупции и борьбы с ней во всех ее формах необхо- дим всеобъемлющий, междисциплинарный подход. ОБСЕ в тесной координации с ЮНОДК и другими соответствующими международными организациями и финансовыми учрежде- ниями будет вносить вклад в сокращение масштабов коррупции повсюду в регионе ОБСЕ.

35. Угрозы терроризма и организованной преступности часто взаимосвязаны, и будет продолжено изучение синергетических подходов к противодействию им. Трансграничное передвижение людей, ресурсов и оружия, а также незаконный оборот как источник финан- сирования и материально-технической поддержки играют возрастающую роль в террори- стической деятельности. ОБСЕ твердо намерена решать эти проблемы и укреплять свой потенциал содействия открытости и безопасности границ, в том числе путем разработки концепции ОБСЕ по вопросам безопасности границ и пограничного режима, в интересах более эффективного наращивания потенциала и взаимовыгодного межгосударственного сотрудничества.

2. Государства – участники ОБСЕ вновь подтверждают свои юридические и политические обязательства по вопросам, касающимся границ, принятые ими на всех уровнях: (…) 2.2 На уровне ОБСЕ: государства-участники вновь подтверждают нормы, принципы, поли- тические обязательства и ценности, провозглашенные в хельсинкском Заключительном акте, все из которых применяются одинаково и неукоснительно при интерпретации каждого из них с учетом других. Они вновь подтверждают принципы и политические обязательства, содержащиеся в Копенгагенском документе 1990 года, Хельсинкском документе 1992 года и Хартии европейской безопасности 1999 года. Они напоминают о планах действий, реше- ниях и других соответствующих согласованных документах ОБСЕ, посвященных вопросам, касающимся границ. В частности, укрепление потенциала ОБСЕ по обеспечению откры- тости и безопасности границ и развитие взаимовыгодного межгосударственного сотруд- ничества служат средствами противодействия угрозам (…) организованной преступности (…) а также незаконного оборота оружия, наркотиков и людей, как установлено в пункте 35 Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке; (…)

380 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

другими компетентными национальными ведомствами в интересах достижения следую- щих целей: (…) 4.3 Предотвращать и пресекать транснациональную организованную преступность, неле- гальную миграцию, коррупцию, контрабанду и незаконную торговлю оружием, наркоти- ками и людьми;

Любляна, 2005 г. (Решение № 3/05 Борьба с транснациональной организованной преступностью)

Совет министров, (…)

4. Подчеркивая связи, существующие между транснациональной организованной преступ- ностью и другими угрозами, такими, как незаконные наркотики, терроризм, незаконная торговля легким и стрелковым оружием, а также чувствительными материалами и техно- логиями, торговля людьми, незаконный ввоз мигрантов, киберпреступность, коррупция и нелегальная миграция, в контексте организованной преступности и отмывания денег,

5. Отмечая, что Конвенция Организации Объединенных Наций против транснациональ- ной организованной преступности и протоколы к ней, принятые Генеральной Ассамблеей Организации Объединенных Наций в Нью-Йорке 15 ноября 2000 года, являются крупным шагом вперед в деле международного сотрудничества, направленного против транснаци- ональной организованной преступности, и обеспечивают возможность глобального про- тиводействия этой угрозе,

6. Отмечая работу, проводимую ОБСЕ в областях, касающихся борьбы с организованной преступностью,

7. Будучи убежден, что принятая ОБСЕ концепция всеобъемлющей безопасности явля- ется оптимальным инструментом повышения потенциала всех государств-участников по противодействию угрозе организованной преступности, и что ОБСЕ может обеспе- чить надлежащие рамки для содействия борьбе с организованной преступностью, и отме- чая важную работу, проделанную соответствующими международными организациями и институтами, в частности Управлением Организации Объединенных Наций по нарко- тикам и преступности, • настоятельно призывает государства-участники укреплять сотрудничество между ними и ЮНОДК, Советом Европы и другими соответствующими международными органи- зациями; • предлагает государствам – участникам ОБСЕ, которые еще не сделали этого, рассмотреть вопрос о присоединении к Конвенции Организации Объединенных Наций против транс- национальной организованной преступности и протоколам к ней, принятым Генераль- ной Ассамблеей Организации Объединенных Наций в Нью-Йорке 15 ноября 2000 года, и в дальнейшем в полном объеме выполнять свои обязательства по этим документам; • поручает Генеральному секретарю оказывать обращающимся с соответствующими 6 просьбами государствам-участникам поддержку в мобилизации технической помощи, включая необходимые экспертные услуги и ресурсы, со стороны соответствующих ком- петентных международных организаций в целях выполнения Конвенции Организации

381 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

Объединенных Наций против транснациональной организованной преступности и про- токолов к ней в порядке поддержки Конференции участников и ЮНОДК и в тесных кон- сультациях с ними; • напоминает, что предупреждение организованной преступности и борьба с ней требуют от государств-участников скоординированного подхода в деле содействия выполнению их собственного соответствующего национального законодательства и программ, в частно- сти, в области уголовного правосудия, на основе принципа верховенства закона и поли- тических обязательств государств-участников ОБСЕ; • поручает Постоянному совету развивать сотрудничество между государствами- участ- никами и вести работу при поддержке Генерального секретаря и соответствующих институтов ОБСЕ над определением возможных мер и форм помощи, которые могли бы предоставляться обращающимся с соответствующими просьбами государствам-участ- никам в целях улучшения и развития функционирования систем уголовного правосудия, и в частности, законодательства, правоприменения, судебного преследования, отправ- ления правосудия, международного правового сотрудничества, включая экстрадицию, и системы уголовного наказания, в консультации с ЮНОДК, Советом Европы и другими соответствующими международными организациями; (…)

Брюссель, 2006 г. (Решение № 5/06 Организованная преступность)

Совет министров, (…)

будучи обеспокоен тем, что организованная преступность становится все более эффектив- ной в эксплуатации нашей глобализованной экономики и открытых обществ и представляет собой растущий многомерный вызов всем государствам-участникам во всем районе ОБСЕ,

будучи обеспокоен тем, что организованная преступность распоряжается огромными богатствами и может оказывать чудовищное влияние, потенциально подрывая демокра- тические ценности в наших обществах и угрожая прямо или косвенно спокойствию и без- опасности обычных граждан,

будучи также обеспокоен вызовами и угрозами, исходящими от связей между организо- ванной преступностью, торговлей людьми, незаконным оборотом оружия и наркотиков, коррупцией и терроризмом, а также другими формами транснациональной и националь- ной преступной деятельности,

будучи убежден, что борьба с организованной преступностью должна оставаться централь- ным элементом нашей политики по обеспечению спокойствия и безопасности наших граж- дан, как на национальном уровне, так и путем международного сотрудничества,

подчеркивая, что с организованной преступностью можно эффективнее всего бороться при помощи демократических институтов, уважающих права человека и верховенство закона и подотчетных гражданам и гражданскому обществу,

382 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

признавая непреходящее значение стандартов и норм Организации Объединенных Наций в области предупреждении преступности и уголовного правосудия и роли Управления Организации Объединенных Наций по наркотикам и преступности (ЮНОДК) в поддержке использования и применения вышеупомянутых стандартов и норм и приветствуя расши- рение сотрудничества между Секретариатом ОБСЕ, ЮНОДК и Комиссией ООН по преду- преждению преступности и уголовному правосудию;

отмечая деятельность других органов Организации Объединенных Наций и других меж- дународных форумов в области верховенства закона,

отмечая значение выполнения обязательств по Конвенции Организации Объединенных Наций против транснациональной организованной преступности (Палермская конвенция) и, там, где это необходимо, дополнительных протоколов к ней и обязательств по Конвенции Организации Объединенных Наций против коррупции как средств борьбы и с организо- ванной преступностью, и с коррупцией, направленных также на укрепление международ- ного сотрудничества в вопросах борьбы с преступностью, (…)

1. Настоятельно призывает государства-участники продолжать борьбу с организованной преступностью, являющейся важной угрозой, и по возможности, укреплять выполнение соответствующих международных обязательств в рамках ОБСЕ во всех областях их систем уголовного правосудия;

2. Рекомендует рассмотреть вопрос о принятии, при необходимости, национальных планов, касающихся проблем, связанных с безопасностью, и применять интегрированный подход с учетом того факта, что каждый элемент системы уголовного правосудия оказывает воз- действие на другие элементы; 6

3. Предлагает государствам-участникам рассмотреть вопрос о проведении самооценки своих систем уголовного правосудия, используя, при необходимости, инструменты, имеющиеся

383 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

в распоряжении международных организаций, такие, как инструменты по оценке ЮНОДК/ ОБСЕ и использовать, где это уместно, наилучшим образом другие существующие инстру- менты, включая инструменты Совета Европы (ЕКЭП) и других организаций, научных сооб- ществ или юридических ассоциаций;

5. Рекомендует как части планирования политики в области предупреждения организован- ной преступности и борьбы с ней усовершенствование сбора и анализа данных, разработку и использование в странах оценок опасностей и угроз и развитие обмена информацией и примеров наилучшей практики в той степени, в какой это еще не сделано;

6. Рекомендует наращивать национальные усилия в области международного сотрудниче- ства, координации и обмена информацией в качестве важного шага в области противодей- ствия транснациональной организованной преступности;

7. Настоятельно призывает государства-участники расширять международное правовое сотрудничество по криминальным вопросам путем, среди прочего, рассмотрения вопроса о том, чтобы стать участниками Конвенции ООН против транснациональной организован- ной преступности (Палермская конвенция) и, если необходимо, дополнительных протоколов к ней, Конвенции ООН против коррупции, а также путем выполнения своих обязательств по этим и другим многосторонним и двусторонним инструментам сотрудничества, участ- никами которых они являются, в том числе путем соответствующего использования над- лежащих статей о взаимной правовой помощи и экстрадиции;

8. Настоятельно призывает государства-участники рассмотреть вопрос о присоединении к Конвенции о передаче осужденных лиц (Страсбург, 21 ноября 1983 года) и дополнитель- ных протоколов к ней от 1997 года, где это уместно, и рассмотреть вопрос о вступлении в двусторонние соглашения, дополняющие данную Конвенцию, для облегчения передачи осужденных лиц;

9. Поддерживает международное полицейское сотрудничество и принимает к сведению выводы встречи руководителей полиции стран ОБСЕ, состоявшейся в Брюсселе 24 ноября 2006 года, включая предложение о проведение регулярных встреч, когда такие встречи координируются и проводятся с учетом других встреч руководителей полиции;

10. Рекомендует предпринять усилия по расширению связей с населением, в том числе путем сотрудничества между правоохранительными органами и организациями граж- данского общества, с тем чтобы граждане могли более ясно осознавать свои гражданские права, испытывать большее доверие к системе уголовного правосудия как гаранта их прав и чувствовать себя комфортно, обращаясь в соответствующие органы;

11.(а) Поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, в пределах их мандатов, уделять повышенное внимание в своей политике и деятель- ности ключевой роле системы уголовного правосудия в организационном строительстве и содействии верховенству закона, а также сотрудничать и более тесно координировать работу, с тем чтобы лучше учитывать взаимодействие между компонентами этих систем;

384 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

(b) поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, в пределах их мандатов, развивать и консолидировать существующие знания и опыт в области уголовного правосудия и борьбы с организованной преступностью; (c) поручает Генеральному секретарю поддерживать и развивать международное правовое сотрудничество в области криминальных вопросов между государствами-участниками, принимая также во внимание рамки, установленные Конвенцией ООН против трансна- циональной организованной преступности, и поддерживать ее конференцию участников, а также продолжать сотрудничать с ЮНОДК по вопросам, в частности, борьбы с органи- зованной преступностью и незаконным оборотом наркотиков; (d) поручает Генеральному секретарю и БДИПЧ регулярно информировать государства-у- частники и представить государствам-участникам совместный письменный доклад по вопросу о выполнении вышеупомянутых задач до летнего перерыва в 2007 году; (e) поручает Постоянному совету принять к сведению вышеупомянутый доклад и рассмо- треть уместность возможных дальнейших шагов; (f) поручает Генеральному секретарю и соответствующим исполнительным структурам ОБСЕ, включая БДИПЧ, при необходимости координируя работу и сотрудничая с другими международными организациями и институтами, быть готовыми отреагировать на про- ектные предложения и просьбы о сотрудничестве от государств-участников и рассмотреть вопрос о развитии учебных программ, которые проводились бы в рамках их соответству- ющих мандатов и при наличии взносов на эту цель; (g) подчеркивает значение расширения единства и преемственности усилий всех заинте- ресованных органов ОБСЕ, а также укрепления сотрудничества со специализированными учреждениями. В этом контексте поручает Генеральному секретарю укреплять координа- цию такой деятельности в рамках имеющихся ресурсов и мандатов. Предлагает государ- ствам-участникам оказать поддержку этой деятельности.

Астана, 2010 г.

9. В то же время в сегодняшнем сложном и взаимозависимом мире мы должны добиться большего единства целей и действий в противостоянии появляющимся транснациональ- ным угрозам, таким как (…) организованная преступность, (…) а также незаконный оборот легкого и стрелкового оружия, [и] наркотиков (…) Подобного рода угрозы могут возникать в нашем регионе либо за его пределами.

Киев, 2013 г. (Декларация министров о наращивании усилий ОБСЕ по противодействию транснациональным угрозам) (…)

(…) признавая эволюционирующий характер транснациональных угроз в регионе ОБСЕ и за его пределами и необходимость обеспечения коллективных и эффективных международ- ных ответных мер, скоординированных и опирающихся на межизмеренческий подход, (…)

высоко оцениваем деятельность государств – участников ОБСЕ по укреплению сотрудниче- ства в противодействии транснациональным угрозам в таких областях, как противодействие терроризму, борьба с организованной преступностью, торговля людьми и незаконными 6 наркотиками, деятельность, связанная с полицейскими функциями, и безопасность гра- ниц и пограничный режим, а также разработка мер укрепления доверия (МДБ) (…); что

385 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

в совокупности способствовало повышению авторитета ОБСЕ в противодействии транс- национальным угрозам; (…)

приветствуем также усилия государств – участников ОБСЕ под руководством украинского Действующего председательства ОБСЕ, поддержанные соответствующими исполнитель- ными структурами ОБСЕ, по достижению прогресса в осуществлении Концепции ОБСЕ в отношении борьбы с угрозой незаконных наркотиков и утечкой химических прекурсоров, Стратегической концепции ОБСЕ в отношении деятельности, связанной с полицейскими функциями, Консолидированной концептуальной базы ОБСЕ для борьбы с терроризмом, а также Концепции ОБСЕ в области безопасности границ и пограничного режима;

отмечаем, что вышеупомянутые документы создают прочную основу для работы ОБСЕ в области противодействия транснациональным угрозам и подчеркиваем важность их полного и постоянного практического применения и интеграции в деятельность ОБСЕ;

призываем государства – участники ОБСЕ и соответствующие исполнительные структуры в рамках их мандатов и установленных процедур активизировать усилия по достижению большего единства целей и действий в противодействии существующим и возникающим транснациональным угрозам и продолжать диалог в этой области, в том числе на целевых и ориентированных на достижение конкретного результата тематических совещаниях в рамках всей ОБСЕ, которые должны проводиться по мере необходимости и, предпочти- тельно, на ежегодной основе;

признавая, что принятие такого подхода, который ориентирован на интересы и посттрав- матическое состояние жертв, а также учитывает соответствующие гендерно обусловлен- ные потребности девочек и мальчиков и наилучшие интересы ребенка, чрезвычайно важно для эффективного недопущения того, чтобы дети становились объектом торговли людьми, и для их эффективной защиты от нее,

признавая, что сотрудничество между государствами, службами первой помощи и граж- данским обществом может дополнительно помочь оградить детей, в том числе несопрово- ждаемых, от опасности стать объектом торговли людьми,

напоминая о том, что в Решении Совета министров № 7/17 государства- участники выра- зили озабоченность в связи с уязвимостью несопровождаемых несовершеннолетних с точки зрения торговли людьми и рекомендовали государствам- участникам повышать осведом- ленность общественности о уязвимости детей в миграционных потоках ко всем формам

386 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

торговли детьми, наращивать потенциал и расширять возможности служб первой помощи по выявлению детей, являющихся жертвами торговли людьми, и обеспечивать таким детям защиту, а также соответствующую помощь, эффективные средства правовой защиты и дру- гие услуги, когда это применимо согласно внутреннему законодательству, (…)

призывает государства-участники:

1. Принять соответствующие меры к тому, чтобы обращение со всеми детьми, ставшими жертвами торговли людьми, соответствовало принципу недискриминации, учитывало их индивидуальные потребности и отвечало их наилучшим интересам, предоставляя им, при необходимости, возможность быть услышанными, а также отстаивая и защищая их права человека;

2. Принять подход, ориентированный на интересы и посттравматическое состояние жертв, который учитывает соответствующие гендерно обусловленные потребности девочек и маль- чиков и отвечает наилучшим интересам ребенка, а также предусматривает всемерное ува- жение прав человека и основных свобод детей, ставших объектом торговли людьми;

3. Обеспечивать в соответствующих случаях государственных поставщиков услуг и учреж- дения, вступающие в контакт с детьми, адекватными инструкциями и профессиональной подготовкой в том, что касается методов надлежащего выявления детей, ставших жертвами торговли людьми, сигнализирования о них, оказания им помощи и защиты их с должным учетом их возраста и соответствующих гендерно обусловленных потребностей девочек и мальчиков, а также рассмотреть вопрос об обеспечении соответствующей подготовки пред- ставителей частного сектора, вступающих в контакт с детьми – жертвами торговли людьми;

4. Принять, при необходимости, меры по первоочередному предоставлению детям, ставшим жертвами торговли людьми, квалифицированного и подготовленного опекуна или выпол- няющего аналогичные функции лица и/или законного представителя для защиты интересов детей – жертв торговли людьми, в том числе несопровождаемых, и с тем чтобы их опекуны и/или законные представители принимали участие в процедурах, связанных с оказанием таким детям помощи, и в нахождении надежных и долговременных решений их проблем;

5. Заниматься проблемами детей – жертв торговли людьми, включая несопровождаемых, в рамках соответствующей системы защиты детей;

6. Популяризировать работу национальных механизмов противодействия торговле людьми, включая национальные механизмы перенаправления, где таковые имеются, а также, в соот- ветствующих случаях, систем защиты детей, которые учитывают потребности и права детей – жертв торговли людьми; внедрять в практику оказание помощи, ориентирован- ной на интересы и посттравматическое состояние жертв с учетом их возраста; применять междисциплинарный подход, обеспечивающий уважение прав человека, учитывающий соответствующие гендерно обусловленные потребности девочек и мальчиков и отражаю- щий в соответствующих случаях мнения и рекомендации лиц, пострадавших от торговли людьми, при оказании непосредственной помощи и поиске надежных и долговременных решений; создать, кроме того, учитывающие особые потребности детей каналы передачи дел на рассмотрение; 6

387 6.3 Предотвращение незаконной торговли наркотиками, оружием и других форм международной организованной преступности

7. Обеспечить по мере возможности, чтобы при любой оценке потребностей ребенка – жертвы торговли людьми принимались во внимание его интересы и мнение, а также потреб- ность в заботе, защите и безопасности;

8. В случае выявления ребенка, ставшего жертвой торговли людьми, или в случаях, когда имеются разумные основания полагать, что ребенок, возможно, стал объектом такой тор- говли, принимать надлежащие меры для обеспечения его безопасности, в частности, путем недопущения сексуальных и иных надругательств и того, чтобы ребенок снова стал жерт- вой торговли людьми, обеспечения в соответствии с национальным законодательством возможности ненаказания жертв за их участие в противоправной деятельности постольку, поскольку они были к этому принуждены, а также путем принятия, где это целесообразно, соответствующих программ по реабилитации, реинтеграции и/или репатриации;

Тирана, 2020 г. (Декларация об укреплении сотрудничества в противодействии транснациональной организованной преступности) (…)

3. Мы вновь выражаем глубокую обеспокоенность по поводу негативных последствий транснациональной организованной преступности для стабильности и безопасности, вклю- чая эксплуатацию глобализованной экономики и открытых обществ, подрыв демократи- ческих ценностей и системы управления, а также угрозу, будь то прямую или косвенную, спокойствию и безопасности граждан, равно как и правам человека и основным свободам.

4. Мы подтверждаем главную роль государств-участников в борьбе с транснациональ- ной организованной преступностью и подчеркиваем, что с ней можно эффективнее всего бороться путем обеспечения уважения прав человека и основных свобод и отстаивания верховенства права, а также акцентируем ключевую роль, которую играет эффективная, пользующаяся доверием, профессиональная, независимая и подотчетная система уголов- ного правосудия в деле поддержания общественного спокойствия и безопасности.

5. Мы признаем центральную роль Организации Объединенных Наций в противодействии транснациональной организованной преступности, а также важность работы, проводи- мой соответствующими международными организациями. Мы подтверждаем, что при- нятая ОБСЕ всеобъемлющая концепция безопасности дополняет глобальные усилия по противодействию комплексной угрозе транснациональной организованной преступности.

6. Мы подчеркиваем, что борьба с транснациональной организованной преступностью и ее коренными причинами требует наличия эффективных и демократических институтов, подотчетных гражданам, систем уголовного правосудия, основанных на верховенстве права, и применения целостного, всеобъемлющего и последовательного подхода в целях недопу- щения и сокращения возможностей для деятельности организованных преступных групп в наших обществах, легальных экономиках и институтах или встраивания в них, а также использования этими группами доходов от их преступной деятельности.

7. Мы напоминаем о соответствующих международных инструментах и механизмах, име- ющихся для оказания государствам-участникам помощи в проведении самооценки и, при необходимости, укреплении их систем уголовного правосудия.

8. Мы признаем, что транснациональная организованная преступность может по- разному воздействовать на разные общественные группы. Мы поощряем сотрудничество между всеми соответствующими заинтересованными сторонами, включая гражданское общество,

388 6.4 Предупреждение терроризма

в целях содействия формированию сообществ, стойких по отношению к транснациональ- ной организованной преступности, а также в целях разработки комплексных мер противо- действия ей и ее предупреждения, которые учитывают нужды, озабоченности и интересы всех общественных групп, защищают потерпевших и обеспечивают им доступ к надлежа- щим средствам правовой защиты, способствуя при этом полноценному, равноправному и целесообразному участию женщин в усилиях по противодействию транснациональной организованной преступности.

9. Мы подчеркиваем важность усиления координации действий на национальном уровне и международного сотрудничества в противодействии транснациональной организован- ной преступности, в частности, где это целесообразно, путем прямых контактов и взаимо- действия между соответствующими органами власти и обмена информацией и передовым опытом, а также посредством использования инструментария, предоставляемого ОБСЕ, УНП ООН и другими соответствующими международными организациями.

10. Мы подтверждаем свое обязательство и впредь сохранять противодействие транснацио- нальной организованной преступности в числе приоритетов ОБСЕ, повышая эффективность выполнения соответствующих международно-правовых обязательств и существующих обя- зательств ОБСЕ. Мы подтверждаем поручение соответствующим исполнительным струк- турам ОБСЕ регулярно информировать государства-участники о деятельности ОБСЕ, связанной с выполнением существующих в рамках ОБСЕ обязательств по борьбе с транс- национальной организованной преступностью, и призываем продолжать обсуждение этой темы между государствами-участниками.

11. Предлагаем партнерам ОБСЕ по сотрудничеству присоединиться к нам в принятии этой декларации.

6.4 Предупреждение терроризма

6.4.1 Осуждение терроризма и обязательство бороться с ним

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы) (…)

Государства-участники осуждают терроризм, в том числе терроризм в международных отношениях, как ставящий под угрозу или уносящий жизни ни в чем не повинных людей или иным образом подвергающий опасности права человека и основные свободы, и под- черкивают необходимость принятия решительных мер по борьбе с ним.

Они выражают свою решимость принимать эффективные меры по предотвращению и пре- сечению актов терроризма как на национальном уровне, так и посредством международного сотрудничества, включая соответствующие двусторонние и многосторонние соглашения, и соответственно расширять и укреплять взаимное сотрудничество в борьбе с такими актами. Они соглашаются делать это в соответствии с Уставом Организации Объединен- ных Наций, Декларацией Организации Объединенных Наций о принципах международ- 6 ного права, касающихся дружественных отношений и сотрудничества между государствами, и хельсинкским Заключительным актом. (…)

389 6.4.1 Осуждение терроризма и обязательство бороться с ним

Государства-участники подтверждают, что они будут воздерживаться от оказания прямой или косвенной помощи террористической деятельности или подрывной или другой деятель- ности, направленной на насильственное свержение режима другого государства-участника. Соответственно они будут воздерживаться, в том числе, от финансирования, поощрения и подстрекательства любой такой деятельности или проявления терпимости к ней.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(8) Государства-участники безоговорочно осуждают как преступные все акты, методы и практику терроризма, где бы и кем бы они ни совершались, включая те, которые ставят под угрозу дружественные отношения между государствами и их безопасность, и соглаша- ются в том, что терроризм не может быть оправдан ни при каких обстоятельствах.

(9) Они выражают свою решимость добиваться искоренения терроризма как на двусторон- ней основе, так и путем многостороннего сотрудничества, в особенности на таких между- народных форумах, как Организация Объединенных Наций, Международная организация гражданской авиации и Международная морская организация, и согласно соответствую- щим положениям Заключительного акта и мадридского Итогового документа.

(10) Будучи убеждены в том, что меры на национальном уровне необходимо сочетать с укре- плением международного сотрудничества, государства-участники выражают свое наме- рение: (10.1) проводить твердую политику в ответ на требования террористов; (10.2) укреплять и развивать двустороннее и многостороннее сотрудничество между собой с целью предотвращения терроризма и борьбы с ним, а также повышать эффективность существующего сотрудничества на двустороннем уровне или в рамках групп государств, в том числе посредством обмена информацией в надлежащих случаях; (…) (10.4) принимать эффективные меры по предотвращению и пресечению актов терроризма, направленных против дипломатических или консульских представителей, и против тер- роризма, который влечет за собой нарушения Венских конвенций о дипломатических и консульских сношениях, в частности их положений, относящихся к дипломатическим и консульским привилегиям и иммунитетам; (…) (10.6) рассмотреть вопрос о том, чтобы стать, если они этого еще не сделали, участниками соответствующих международных конвенций, касающихся пресечения актов терроризма; (10.7) продолжать работу в соответствующих международных органах в целях совершенство- вания и расширения мер борьбы против терроризма и обеспечения того, чтобы возможно большее число государств присоединилось к соответствующим соглашениям и действо- вало в соответствии с ними.

Хельсинки, 1992 г. (Декларация встречи на высшем уровне)

26. (…) Мы будем поощрять обмен информацией в отношении террористической деятель- ности. По мере необходимости мы будем вести поиск эффективных направлений дальней- шего сотрудничества. Мы также будем предпринимать необходимые шаги на национальном уровне для выполнения своих международных обязательств в этой области.

390 6.4.1 Осуждение терроризма и обязательство бороться с ним

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

6. Государства-участники никоим образом не будут поддерживать террористические акты и будут принимать надлежащие меры для предотвращения терроризма и борьбы с ним во всех его формах. Они будут в полном объеме сотрудничать в борьбе против той угрозы, которую представляет собой террористическая деятельность, путем выполнения положений согласованных ими международно правовых документов и обязательств на этот счет (…)

Стамбул, 1999 г. (Хартия европейской безопасности: I. Общие для нас вызовы)

4. Все большую угрозу безопасности представляют международный терроризм, экстремизм с применением насилия, организованная преступность и оборот наркотиков. Терроризм во всех его формах и проявлениях, чем бы он ни мотивировался, является неприемлемым... Чрезмерное и дестабилизирующее накопление и неконтролируемое распространение легкого и стрелкового оружия представляют собой угрозу миру и безопасности. Мы твердо намерены надежнее защитить себя от этих новых угроз и вызовов; основой такой защиты являются прочные демократические институты и верховенство закона. Мы также полны решимо- сти более активно и тесно сотрудничать друг с другом в противодействии этим вызовам.

Бухарест, 2001 г. (Декларация Совета министров)

2. Мы решительно осуждаем все акты терроризма. Терроризму, независимо от его мотивов или происхождения, нет оправданий. Ничто не может служить оправданием сознатель- ных, целенаправленных ударов по ни в чем не повинным людям. В борьбе с терроризмом нельзя оставаться в стороне.

3. (…) Мы вновь заявляем, что борьба с терроризмом не есть война против религий или народов (…)

Бухарест, 2001 г. (Решение № 1 Борьба c терроризмом)

55 государств-участников ОБСЕ единым фронтом выступают против терроризма, этого бича нашей эпохи.

Государства-участники ОБСЕ решительно осуждают варварские террористические акты, совершенные против Соединенных Штатов Америки 11 сентября 2001 года. Это был удар, направленный против всего международного сообщества, людей всех вероисповеданий и культур. Эти гнусные злодеяния, а также прочие акты терроризма во всех его формах и проявлениях, когда бы, где бы и кем бы они ни совершались, несут угрозу международ- ному и региональному миру, безопасности и стабильности. Тем, кто осуществляет и финан- сирует подобные преступные акты, укрывает или иным образом поддерживает несущих за них ответственность, не должно быть убежища нигде (…)

Государства-участники ОБСЕ не отступят перед угрозами террористов, а будут бороться с ними, используя все средства в соответствии со своими международными обязатель- ствами. Это потребует долгих и неослабных усилий, но они черпают силы в своей широ- 6 кой коалиции, простирающейся от Ванкувера до Владивостока (…) Они категорически не приемлют отождествление терроризма с какой-либо нацией или религией (…)

391 6.4.1 Осуждение терроризма и обязательство бороться с ним

Государства-участники ОБСЕ обязуются укреплять и развивать двустороннее и многосто- роннее сотрудничество в рамках ОБСЕ, с Организацией Объединенных Наций и с другими международными и региональными организациями в целях борьбы с террористической деятельностью во всех ее формах и проявлениях, где бы и кем бы она ни осуществлялась. Будучи региональным соглашением по смыслу главы VIII Устава Организации Объединен- ных Наций, ОБСЕ преисполнена решимости вносить свой вклад в выполнение международ- ных обязательств, закрепленных, в частности, в резолюции 1373 (2001) Совета Безопасности Организации Объединенных Наций, и будет действовать в соответствии с целями и прин- ципами Устава Организации Объединенных Наций. Государства-участники ОБСЕ обязу- ются как можно скорее присоединиться ко всем 12 конвенциям и протоколам Организации Объединенных Наций, касающимся терроризма. Они призывают к скорейшему заверше- нию переговоров относительно всеобъемлющей конвенции Организации Объединенных Наций по международному терроризму. (…)

(…) Совет министров ОБСЕ принимает прилагаемый к настоящему Решению Бухарестский план действий по борьбе с терроризмом.

I. Цель плана действий

1. (…) Государства-участники ОБСЕ мобилизуют свою политическую волю, ресурсы и прак- тические средства на цели выполнения своих обязательств по существующим международ- ным конвенциям, касающимся терроризма (…)

3. Цель Плана действий заключается в создании основы для всесторонних действий ОБСЕ по борьбе с терроризмом, которые должны предприниматься государствами-участниками и Организацией в целом при полном уважении международного права, в том числе меж- дународных норм в области прав человека и других соответствующих международно-пра- вовых норм. (…)

II. Международные юридические и политические обязательства

4. (…) Необходимо добиваться обеспечения самого широкого и всестороннего участия госу- дарств-участников в существующих механизмах по борьбе с терроризмом и выполнении обязательств в этой области.

5. Государства-участники: обязуются предпринять меры к тому, чтобы, по возможности, до 31 декабря 2002 года присоединиться ко всем 12 конвенциям и протоколам Организации Объединенных Наций, касающимся терроризма, признавая важную роль, которую могут играть парламентарии в вопросах ратификации и другой законодательной деятельности, направленной против терроризма; (...) будут конструктивно участвовать в проводимых Организацией Объединенных Наций переговорах о всеобъемлющей конвенции по борьбе с международным терроризмом и международной конвенции о пресечении актов ядерного терроризма, имея в виду их скорейшее успешное завершение. (…)

392 6.4.1 Осуждение терроризма и обязательство бороться с ним

7. Государства-участники: рассмотрят вопрос о том, каким образом ОБСЕ могла бы исполь- зовать наилучшую практику и уроки, извлеченные из опыта других соответствующих групп, организаций, институтов и форумов, в таких областях, как сотрудничество между поли- цейскими и судебными органами; недопущение и пресечение финансирования терроризма; исключение других видов поддержки; пограничный контроль, включая меры безопасно- сти в отношении виз и документов; и доступ правоохранительных органов к информации.

8. Государства-участники будут также использовать Форум по сотрудничеству в области без- опасности (ФСБ) для укрепления своих усилий по борьбе с терроризмом посредством пол- ного и своевременного осуществления всех соответствующих мер, согласованных в ОБСЕ. С этой целью они активизируют выполнение существующих военно-политических обяза- тельств и соглашений, в частности Кодекса поведения, касающегося военно-политических аспектов безопасности, и Документа о легком и стрелковом оружии (ЛСО) (…)

III. Превентивные меры против терроризма в регионе ОБСЕ (…)

11. Утверждение прав человека, терпимости и поликультурности: Государства-участники/ Постоянный совет/БДИПЧ/Верховный комиссар по делам национальных меньшинств (ВКНМ)/Представитель по вопросам свободы средств массовой информации: будут пропа- гандировать и укреплять терпимость, сосуществование и гармоничные отношения между этническими, религиозными, языковыми и другими группами, а также конструктивное сотрудничество между государствами-участниками в этом отношении; будут обеспечивать раннее предупреждение о возможности насилия, нетерпимости, экстремизма и дискрими- нации в отношении этих групп, адекватно реагировать на такие случаи и в то же время способствовать проявлению этими группами уважения к верховенству закона, демокра- тическим ценностям и свободе личности; будут добиваться того, чтобы лица, принадле- жащие к национальным меньшинствам, обладали правом свободно выражать, сохранять и развивать свою этническую, культурную, языковую или религиозную самобытность. (…)

13. Преодоление негативных социально-экономических факторов. Государства- участники/ Секретариат: будут стремиться выявлять такие подрывающие безопасность экономические и экологические проблемы, как неэффективное государственное управление, коррупция, противозаконная экономическая деятельность, высокий уровень безработицы, массовая нищета и глубокое неравенство, демографические факторы, и неустойчивое использова- ние природных ресурсов (…)

14. Предотвращение конфликтов, сопровождающихся насилием, и содействие мирному уре- гулированию споров. Опираясь на весь свой потенциал, ОБСЕ будет продолжать и активизи- ровать усилия по раннему предупреждению и адекватному реагированию, предотвращению конфликтов, регулированию кризисов и постконфликтному восстановлению; укреплять свои возможности по урегулированию конфликтов; наращивать усилия по нахождению прочного решения неурегулированных конфликтов, в том числе путем утверждения вер- ховенства закона и предупреждения преступности в подобных зонах конфликтов на путях более широкого сотрудничества с Организацией Объединенных Наций, Европейским союзом и другими международными организациями; и далее развивать свой потенциал 6 быстрого развертывания (РЕАКТ) в кризисных ситуациях.

393 6.4.1 Осуждение терроризма и обязательство бороться с ним

16. Укрепление национального антитеррористического законодательства. Государства-участ- ники: обязуются выполнять все обязательства, принятые ими в рамках соответствующих конвенций и протоколов, касающихся терроризма, а также в рамках Конвенции Органи- зации Объединенных Наций против транснациональной организованной преступности и дополняющих ее протоколов, обмениваться соответствующей информацией и методикой и рассматривать пути и средства сотрудничества в вопросах осуществления на встречах, проводимых на двусторонней основе, в рамках всей ОБСЕ и на субрегиональном уровне. (…)

24. Пресечение финансирования терроризма. Государства-участники: будут в рамках Кон- венции Организации Объединенных Наций о борьбе с финансированием терроризма и резолюции 1373 (2001) Совета Безопасности ООН принимать меры по предотвращению и пресечению финансирования терроризма, введению уголовной ответственности за умыш- ленное предоставление или сбор средств в целях террористической деятельности и бло- кированию активов террористов, принимая также во внимание резолюцию 1267 (1999) Совета Безопасности ООН; будут, в соответствии со своим внутренним законодательством и обязательствами по международному праву оперативно реагировать на запросы других государств-участников и соответствующих международных организаций о предоставле- нии информации.

25. Государства- участники/Секретариат: (…) рассмотрят вопрос о возможном вкладе ОБСЕ в рамках ее работы по повышению транспарентности и борьбы с коррупцией в общие меж- дународные усилия, направленные против терроризма; рассмотрят вопрос о том, чтобы взять на себя катализирующую роль в организации для персонала национальных финансо- вых учреждений целевых проектов учебной подготовки по тематике борьбы с терроризмом, включая контроль за финансовыми потоками и недопущение отмывания денег. Государ- ства-участники будут принимать конструктивное участие в предстоящих переговорах по линии Организации Объединенных Наций относительно глобального правового документа о борьбе с коррупцией в интересах их скорейшего успешного завершения.

26. Предотвращение передвижения террористов. Государства-участники: будут предотвра- щать передвижение террористов или террористических групп с помощью эффективного пограничного контроля и контроля за выдачей документов, удостоверяющих личность, и проездных документов, а также с помощью мер безопасности в отношении таких доку- ментов и предупреждения их фальсификации, подделки и незаконного использования; будут применять такие меры контроля с полным соблюдением своих обязательств по меж- дународно-правовым актам о беженцах и о правах человека; будут путем надлежащего применения положений об исключениях, содержащихся в Конвенции 1951 года о статусе беженцев и Протоколе 1967 года к ней, обеспечивать, чтобы лицам, участвовавшим в терро- ристических актах, не предоставлялось убежище; будут обеспечивать своевременное задер- жание и судебное преследование либо выдачу лиц, обвиняемых в террористических актах, в соответствии со своими обязательствами по международному и национальному праву.

394 6.4.1 Осуждение терроризма и обязательство бороться с ним

IV. Действия в соответствии с Платформой безопасности, основанной на сотрудничестве, – сотрудничество с другими организациями (…)

28. Государства-участники/Секретариат: будут укреплять сотрудничество и обмен инфор- мацией как на официальной, так и неофициальной основе с другими соответствующими группами, организациями и институтами, участвующими в борьбе с терроризмом; будут укреплять сотрудничество с Европейским союзом в области анализа и раннего предупреж- дения, а также повышать синергетический эффект взаимодействия с Пактом о стабильности для Юго-Восточной Европы и Центральноевропейской инициативой в областях, имеющих отношение к борьбе с терроризмом; будут развивать диалог в регионе ОБСЕ по вопросам, касающимся новых угроз и вызовов; будут расширять диалог с партнерами за пределами региона ОБСЕ, в частности со средиземноморскими партнерами по сотрудничеству и пар- тнерами по сотрудничеству в Азии, Шанхайской организацией сотрудничества, Совеща- нием по взаимодействию и мерам укрепления доверия в Азии, Организацией Исламская конференция, Лигой арабских стран, Африканским союзом и государствами, граничащими с регионом ОБСЕ, в целях обмена информацией о наилучшей практике и извлеченных уро- ках, касающихся борьбы с терроризмом, для их применения в регионе ОБСЕ.

Бухарест, 2001 г. (Решение № 9 Деятельность, связанная с полицейскими функциями)

Совет министров, (…)

3. Постановляет наращивать и развивать сотрудничество между государствами-участни- ками в противодействии новым вызовам безопасности, в том числе путем: • осуществления и координации, по просьбе государств-участников и с их согласия (…) деятельности ОБСЕ по подготовке полицейских кадров, в том числе на субрегиональ- ном уровне, с целью: • расширения оперативно-тактических возможностей полиции; • повышения квалификации полицейских в ключевых областях, включая уважение прав человека и основных свобод и, при необходимости, в вопросах, связанных с криминаль- ными аспектами незаконной миграции; и • укрепления потенциала в области полицейской работы на местах, борьбы с наркотиками, коррупцией и терроризмом; и • по просьбе государств-участников и с их согласия: предоставления рекомендаций или организации оказания экспертных услуг, касающихся потребностей в эффективной поли- цейской работе (оценка потребностей) и способов их удовлетворения (…); и • стимулирование, по мере необходимости, обмена между государствами-участниками информацией относительно извлеченных уроков и наилучшей полицейской практики по противодействию этим новым вызовам безопасности. 6 (…)

395 6.4.1 Осуждение терроризма и обязательство бороться с ним

5. Во исполнение вышеизложенных обязательств государства-участники обязуются: • расширять сотрудничество между собой по вопросам, связанным с полицейскими функ- циями, с целью противостояния новым угрозам и вызовам их безопасности как на двусто- роннем, так и на многостороннем уровне, а также, при необходимости, путем укрепления контактов между соответствующими органами; и • делиться специальными знаниями и опытом ОБСЕ в вопросах деятельности, связанной с полицейскими функциями, с другими соответствующими международными органи- зациями, членам которых они являются, с целью повышения эффективности междуна- родных действий по отражению этих новых угроз и вызовов безопасности.

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

Государства-участники ОБСЕ, твердо приверженные совместной борьбе с терроризмом, (…)

2. (…) подтверждают, что противодействие терроризму не направлено против какой-либо религии, нации или народа; (…)

4. Заявляют, что акты, методы и практика терроризма, а также сознательное пособниче- ство и потворство таким актам, их финансирование, планирование и подстрекательство к ним противоречат целям и принципам ООН и ОБСЕ;

5. Считают чрезвычайно важным дополнить продолжающийся процесс выполнения при- нятых в ОБСЕ обязательств в отношении терроризма подтверждением основополагающих, незыблемых принципов, на которых основаны и впредь будут основываться действия ОБСЕ и которые государства-участники полностью разделяют; (…)

8. Вновь подтверждают, что каждое государство обязано воздерживаться от (…) органи- зации террористических актов в другом государстве, подстрекательства к ним, оказания им активной или пассивной поддержки или содействия и от спонсирования их в какой- либо иной форме (…) (…)

11. Признают, что соответствующие конвенции и протоколы Организации Объединенных Наций и резолюции Совета Безопасности ООН, в частности резолюция 1373 (2001) Совета Безопасности ООН, образуют первичную международно-правовую основу для борьбы с терроризмом;

12. Признают важность работы, проводимой Контртеррористическим комитетом Совета Безопасности ООН, и вновь подтверждают обязательство и готовность государств-участ- ников и ОБСЕ сотрудничать с этим комитетом;

13. Напоминают о роли ОБСЕ как регионального соглашения по смыслу главы VIII Устава ООН и о ее обязательствах в этом контексте вносить вклад в глобальную борьбу с терро- ризмом; (…)

396 6.4.1 Осуждение терроризма и обязательство бороться с ним

15. С удовлетворением отмечают Декларацию и Программу действий, принятые на состояв- шейся 13-14 декабря 2001 года Бишкекской международной конференции на тему «Укрепле- ние безопасности и стабильности в Центральной Азии: наращивание всесторонних усилий по противодействию терроризму»; (…)

17. Подчеркивают, что предупреждение терроризма и борьба с ним должны основываться на концепции общей и всеобъемлющей безопасности и на долговременном подходе, и обя- зуются использовать три измерения ОБСЕ и все ее органы и институты для оказания госу- дарствам-участникам по их просьбе содействия в предупреждении терроризма во всех его формах и борьбе с ним;

18. Заявляют о том, что выполнят свое обязательство – в соответствии с конвенциями и про- токолами ООН и резолюциями Совета Безопасности, а также другими международными обязательствами – обеспечить, чтобы террористические акты и деятельность в поддержку таких актов, включая финансирование терроризма, квалифицировались во внутреннем законодательстве как серьезные уголовные правонарушения;

19. Будут работать сообща в целях предотвращения, пресечения и расследования терро- ристических актов и преследования виновных, в том числе путем наращивания сотруд- ничества и выполнения в полном объеме соответствующих международных конвенций и протоколов, касающихся терроризма;

20. Убеждены в необходимости устранять потенциальные предпосылки возникновения и существования терроризма, в частности, путем обеспечения полного уважения демокра- тии и верховенства закона, предоставления всем гражданам возможности в полной мере участвовать в политической жизни, недопущения дискриминации и поощрения межкуль- турного и межрелигиозного диалога в своих обществах, вовлечения гражданского общества в поиск общего политического урегулирования конфликтов, утверждения прав человека и толерантности, а также путем борьбы с бедностью;

23. Будут предотвращать передвижение террористов или террористических групп с помо- щью эффективного пограничного контроля и контроля за выдачей документов, удостове- ряющих личность, и проездных документов; (…)

25. Подтверждают свою решимость выполнять свои международные обязательства, изло- 6 женные в резолюциях 1373 (2001) и 1390 (2002) Совета Безопасности ООН, и в частности блокировать активы тех, кто указан комитетом, созданным в соответствии с резолюцией 1267 (1999) Совета Безопасности ООН;

397 6.4.1 Осуждение терроризма и обязательство бороться с ним

26. С озабоченностью отмечают связи между терроризмом и транснациональной организо- ванной преступностью, отмыванием денег, торговлей людьми, незаконным оборотом нар- котиков и оружия и в этой связи подчеркивают необходимость улучшения координации действий и выработки основанных на сотрудничестве подходов на всех уровнях в целях более эффективного реагирования на эти серьезные угрозы и вызовы безопасности и ста- бильности (…)

Порту, 2002 г. (Решение № 1: Выполнение принятых в ОБСЕ обязательств и осуществление ее деятельности по борьбе с терроризмом)

Совет министров, (…)

постановляет, что государства – участники ОБСЕ, ее органы и институты будут в неотлож- ном порядке выполнять свои бухарестские обязательства и обеспечивать их действенность.

подтверждает обязательство всех государств-участников как можно скорее присоединиться ко всем 12 конвенциям и протоколам Организации Объединенных Наций, касающимся терроризма, и приветствует шаги, предпринятые государствами-участниками, уже завер- шившими соответствующие процедуры;

обязуется вести дело к успешному завершению идущих в настоящее время в Организации Объединенных Наций переговоров о новых универсальных документах в этой области и подтверждает свою готовность рассмотреть – координируя это рассмотрение с Контр- террористическим комитетом Совета Безопасности ООН – запросы о технической помощи и наращивании потенциала с целью содействия ратификации и реализации документов ООН и других соответствующих документов, касающихся терроризма; (…)

напоминает о рекомендации личного представителя Действующего председателя по вопро- сам предупреждения терроризма и борьбы с ним о том, чтобы ОБСЕ вела работу, в частно- сти, в таких областях, как выполнение полицейских функций, обеспечение пограничной безопасности, борьба с незаконной торговлей и пресечение финансирования терроризма (…)

постановляет, что государства – участники ОБСЕ, ее органы и институты будут наращи- вать свои усилия и свою коллективную приверженность борьбе с терроризмом и с услови- ями, которые могут способствовать его возникновению и существованию, используя для этого свои сильные стороны и сравнительные преимущества: свой всеобъемлющий под- ход к безопасности, свой экспертный потенциал в деле раннего предупреждения, предот- вращения конфликтов, регулирования кризисов и постконфликтного восстановления, свой широкий ассортимент испытанных мер укрепления доверия и безопасности и свой опыт и знания в том, что касается развития потенциала.

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

Угрозы безопасности и стабильности в XXI веке

10. Одной из основных причин нынешней нестабильной обстановки в сфере безопасности является терроризм. Он направлен на подрыв тех самых ценностей, которые объединяют

398 6.4.1 Осуждение терроризма и обязательство бороться с ним

государства-участники в регионе ОБСЕ. Терроризм будет оставаться в числе главных вызо- вов миру, стабильности и государственной власти, особенно в силу его способности прибе- гать к асимметричным методам для обхода традиционных систем безопасности и обороны. Терроризму не может быть никаких оправданий. Вместе с тем терроризм требует глобаль- ного подхода, учитывающего не только его проявления, но и социально-экономический и политический контекст, в котором он возникает. (…)

Противодействие терроризму и угрозам, исходящим от другой преступной деятельности

28. Конвенции и протоколы ООН, а также резолюции Совета Безопасности ООН состав- ляют глобальную правовую основу для борьбы с терроризмом. В целях ее поддержки ОБСЕ своими решениями, принятыми в 2001 и 2002 годах, создала структуру для принятия госу- дарствами-участниками и Организацией всесторонних мер противодействия прежде всего угрозе терроризма, его проявлениям и условиям, которые могут способствовать его воз- никновению и существованию. (…)

29. (…) Особое внимание будет уделяться наращиванию потенциала и оказанию иной помощи в области борьбы с терроризмом (…) Эти меры включают отказ в предоставле- нии убежищ террористам и ликвидацию условий, при которых террористы могут вербо- вать сторонников и рассчитывать на поддержку. Они также направлены на то, чтобы не позволить террористам увеличить свой потенциал и, в частности, получить доступ к ЛСО и другому обычному оружию, а также к ОМУ и связанным с ним технологиям. Ставится задача тесного взаимодействия с другими соответствующими международными организа- циями и органами, в частности с Контртеррористическим комитетом Совета Безопасности ООН (КТК ООН) и Управлением ООН по наркотикам и преступности (ЮНОДК), в форме совместных совещаний, контактов на всех уровнях, конкретных программ и проектов.

30. ОБСЕ также постановила создать контртеррористическую сеть в целях содействия более четкой координации контртеррористических мер и обмену информацией между государ- ствами-участниками ОБСЕ, а также в порядке поддержки и дополнения работы КТК ООН по осуществлению резолюции 1373 Совета Безопасности. (…)

София, 2004 г. (Заявление Совета министров в Софии по предупреждению терроризма и борьбе с ним) 6 1. Мы, члены Совета министров ОБСЕ (…) заявляем о своем решительном и безусловном осуждении террористических актов, произошедших, в частности, в 2004 году в Испании, Узбекистане, Турции и России (…) Мы скорбим о сотнях человеческих жизней, которые

399 6.4.1 Осуждение терроризма и обязательство бороться с ним

они унесли, и выражаем глубокую солидарность с жертвами актов терроризма и членами их семей. Эти акты наглядно показали бесчеловечную природу терроризма. Мы выражаем солидарность с государствами, не являющимися участниками нашей организации, кото- рые также подверглись нападению террористов.

Вновь заявляя, что терроризм представляет одну из самых серьезных угроз миру и безо- пасности, и считая, что акты терроризма наносят серьезный ущерб осуществлению прав человека, мы вновь подтверждаем свое обязательство защищать от террористических актов осуществление прав человека и основных свобод, особенно права на жизнь, каждого, кто находится под нашей юрисдикцией (…)

2. Мы подчеркиваем ведущую роль Организации Объединенных Наций во всеобъемлю- щей борьбе против терроризма.

Мы подтверждаем международно-правовые и политические обязательства, принятые нашими государствами в области борьбы с терроризмом в рамках Организации Объеди- ненных Наций, включая резолюции 1267 (1999), 1373 (2001), 1456 (2003), 1535 (2004), 1540 (2004) и 1566 (2004) Совета Безопасности ООН, а также резолюцию 58/187 Генеральной ассам- блеи ООН, и поддерживаем резолюцию 2004/87 Комиссии ООН по правам человека. (…)

Мы приветствуем значение, придаваемое резолюцией 1566 (2004) Совета Безопасности ООН роли соответствующих международных, региональных и субрегиональных органи- заций в укреплении международного сотрудничества в борьбе с терроризмом, и призыв к усиленному взаимодействию с Организацией Объединенных Наций.

Мы подчеркиваем нашу решимость поддерживать важные усилия Контртеррористического комитета Совета Безопасности ООН и его Исполнительного директората (…)

3. Мы (…) поддерживаем работу Антитеррористического подразделения Секретариата ОБСЕ.

Мы убеждены, что пакет практических решений, которые мы утверждаем и приветствуем сегодня*, и их последующее выполнение повысят уровень безопасности и стабильности на пространстве ОБСЕ. Эти решения помогут обеспечить выполнение наших международ- но-правовых обязательств по предупреждению терроризма и борьбе с ним.

4. (…) Мы подтверждаем, что усилия ОБСЕ по противодействию террористическим угрозам должны предприниматься во всех измерениях ОБСЕ – в измерении безопасности, включая военно-политическую сферу, в экономико-экологическом и человеческом измерениях. Осно- ванная на общем, всеобъемлющем и неделимом подходе к безопасности, наша организация способна и дальше вносить весомый вклад в глобальные антитеррористические усилия.

Мы убеждены, что уважение прав человека и основных свобод является важным элемен- том обеспечения мира и стабильности и предупреждения терроризма. Мы признаем, что для эффективного предупреждения терроризма и борьбы с ним требуется привлечение гражданского общества в наших странах.

* Решение № 617 Постоянного совета о дальнейших мерах по пресечению финансирования терроризма (1 июля 2004 года) Решение № 618 Постоянного совета о солидарности с жертвами терроризма (1 июля 2004 года) Решение Совета министров о борьбе с использованием Интернета в террористических целях Решение Совета министров о повышении контейнерной безопасности Решение Совета министров о передаче информации об утерянных/похищенных паспортах в САП-БДПД Интерпола.

400 6.4.1 Осуждение терроризма и обязательство бороться с ним

(…) Мы будем активно сотрудничать по вопросам розыска и привлечения к ответствен- ности исполнителей, организаторов, спонсоров террористических актов и тех, кто их под- держивает.

Мы также будем продолжать развивать взаимодействие и диалог по вопросам предупреж- дения терроризма и борьбы с ним со средиземноморскими и азиатскими партнерами по сотрудничеству.

Любляна, 2005 г. (Заявление министров о международной конвенции о борьбе с актами ядерного терроризма)

2. Мы обязуемся предпринять все усилия к тому, чтобы подписать эту Международную конвенцию в день ее открытия к подписанию в штаб-квартире Организации Объединен- ных Наций в Нью-Йорке 14 сентября 2005 года.

3. Мы поощряем реализацию всех необходимых мер, направленных на то, чтобы ратифи- цировать, принять, утвердить или иным способом стать участником этой Международной конвенции в возможно короткие сроки. (…)

2. Государства – участники ОБСЕ вновь подтверждают свои юридические и политические обязательства по вопросам, касающимся границ, принятые ими на всех уровнях: (…) 2.2 На уровне ОБСЕ: государства-участники вновь подтверждают нормы, принципы, поли- тические обязательства и ценности, провозглашенные в хельсинкском Заключительном акте, все из которых применяются одинаково и неукоснительно при интерпретации каждого из них с учетом других. Они вновь подтверждают принципы и политические обязательства, содержащиеся в Копенгагенском документе 1990 года, Хельсинкском документе 1992 года и Хартии европейской безопасности 1999 года. Они напоминают о планах действий, реше- ниях и других соответствующих согласованных документах ОБСЕ, посвященных вопросам, касающимся границ. В частности, укрепление потенциала ОБСЕ по обеспечению открыто- сти и безопасности границ и развитие взаимовыгодного межгосударственного сотрудниче- ства служат средствами противодействия угрозам терроризма (…) как установлено в пункте 35 Стратегии ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке; (…)

401 6.4.1 Осуждение терроризма и обязательство бороться с ним

4.2 Сокращать угрозу терроризма, в том числе путем предупреждения трансграничного перемещения лиц, оружия и денежных средств, связанных с террористической и иной пре- ступной деятельностью; (…) 4.5 Содействовать обеспечению достойного обхождения со всеми лицами, желающими пересекать границы, согласно соответствующим национальным правовым нормам, меж- дународному праву, в частности, международным стандартам в области прав человека, беженскому праву и гуманитарному праву, а также соответствующим обязательствам, при- нятым в рамках ОБСЕ; (…)

Брюссель, 2006 г. (Заявление Совета министров в Брюсселе о поддержке и оказании содействия международно-правовой базе борьбы с терроризмом)

Мы, члены Совета министров ОБСЕ, подтверждаем нашу твердую решимость бороться с терроризмом во всех его формах и проявлениях как с преступной деятельностью, не имеющей никакого оправдания, каковы бы ни были ее мотивы и происхождение, а также продолжать и укреплять контртеррористическую деятельность ОБСЕ в соответствии с дей- ствующими обязательствами ОБСЕ. (…)

Мы убеждены в важности укрепления международно-правовой базы борьбы с террориз- мом, включающей всеобщие конвенции и протоколы, связанные с предупреждением и пре- сечением терроризма, соответствующие резолюции Совета Безопасности Организации Объединенных Наций, недавно принятую Организацией Объединенных Наций Глобаль- ную контртеррористическую стратегию, а также региональные и двусторонние правовые документы, касающиеся терроризма.

Мы призываем государства – участники ОБСЕ осуществить соответствующие резолюции Совета Безопасности Организации Объединенных Наций, касающиеся борьбы с терро- ризмом.

Мы приветствуем существенный прогресс, достигнутый государствами-участниками в связи с выполнением содержащегося в Бухарестском заявлении Совета министров обя- зательства присоединиться к 12 антитеррористическим конвенциям и протоколам, когда 46 государств-участников стали сторонами всех 12 действующих в настоящее время доку- ментов.

Мы призываем те государства – участники ОБСЕ, которые еще не сделали этого, прило- жить все усилия для того, чтобы незамедлительно присоединиться к всеобщим конвен- циям и протоколам против терроризма, действующим в настоящий момент, и обеспечить выполнение их положений, в частности предусмотреть уголовные наказания за соответ- ствующие преступления в их внутреннем законодательстве.

Мы вновь обращаемся с призывом к государствам – участникам ОБСЕ рассмотреть возмож- ность присоединиться к Международной конвенции о борьбе с актами ядерного терроризма, Конвенции Организации Объединенных Наций против транснациональной организован- ной преступности и Конвенции Организации Объединенных Наций против коррупции, а также поддержать прилагаемые в настоящее время усилия по принятию всеобъемлющей

402 6.4.1 Осуждение терроризма и обязательство бороться с ним

конвенции о международном терроризме на таких условиях, которые способствуют дости- жению контртеррористических целей международного сообщества.

Мы призываем государства-участники рассмотреть возможность присоединиться к регио- нальным и субрегиональным правовым документам по терроризму или правовому сотруд- ничеству по уголовным делам, принятым организациями, к которым мы принадлежим, а также в соответствующих случаях заполнить бреши в существующих правовых докумен- тах и заключить двусторонние соглашения о взаимной правовой помощи и выдаче, с тем чтобы получить возможность осуществлять всестороннее сотрудничество – в соответствии с нормами, применимыми на основании внутреннего и международного права – в рамках усилий, прилагаемых в целях поиска и придания правосудию исполнителей, организато- ров, пособников и спонсоров террористических актов на основе принципа, обеспечиваю- щего выдачу или уголовное преследование.

3. Мы признаем ведущую роль Организации Объединенных Наций в международных уси- лиях по борьбе с терроризмом и поддерживаем принятую 8 сентября 2006 года Генеральной Ассамблеей ООН Глобальную контртеррористическую стратегию ООН, которой мы руко- водствуемся в работе ОБСЕ по противодействию терроризму, потому что в ней представ- лен всеобъемлющий глобальный подход к противодействию терроризму путем не только борьбы с его проявлениями, но и устранения способствующих его распространению усло- вий при обеспечении уважения прав человека и принципа верховенства закона и соблю- дении всех обязательств по международному праву, в частности, международному праву в сферах прав человека, беженского права и гуманитарного права.

4. Мы напоминаем о заложенном в Стратегию всеобъемлющем глобальном подходе к про- тиводействию терроризму путем не только борьбы с его проявлениями, но и устранения условий, способствующих распространению терроризма, включая, но не ограничиваясь ими, затянувшиеся неурегулированные конфликты, дегуманизацию жертв терроризма во всех его формах и проявлениях, отсутствие правопорядка и нарушение прав человека, этническую, национальную и религиозную дискриминацию, политическую изоляцию, социально-экономическую маргинализацию и отсутствие надлежащего управления, при- знавая при этом, что ни одно из этих условий не может служить оправданием или обосно- ванием актов терроризма. (…)

6. Мы напоминаем об обязательстве выполнять все резолюции Совета Безопасности ООН, касающиеся международного терроризма, признавая при этом, что многие государства по-прежнему нуждаются в помощи для их выполнения. 6 (…)

403 6.4.1 Осуждение терроризма и обязательство бороться с ним

8. (…) ОБСЕ и, в частности, ее государства-участники (…) продолжат осуществление обя- зательств по противодействию терроризму, по возможности уделяя особое внимание сле- дующим мероприятиям, но не ограничиваясь ими:

9. ОБСЕ продолжит поддерживать и развивать международно-правовые рамки борьбы с терроризмом, в частности универсальные конвенции и протоколы о борьбе с террориз- мом, побуждая государства-участники к присоединению к ним и выполнению своих обя- зательств в соответствии с этими инструментами; (…)

17. ОБСЕ продолжит свою деятельность по противодействию насильственному экстре- мизму и радикализации, которые приводят к терроризму. Государства – участники ОБСЕ и исполнительные структуры ОБСЕ в рамках своих мандатов должны рассматривать про- блемы нетерпимости и дискриминации и противодействовать этим явлениям. В 2008 году Постоянный совет при поддержке Секретариата и институтов изучит, каким образом ОБСЕ с помощью межизмеренческого подхода могла бы путем обмена национальным опытом внести вклад в улучшение понимания явлений насильственного экстремизма и радикали- зации, которые приводят к терроризму; (…)

Хельсинки, 2008 г. (Решение № 10/08 Дальнейшее наращивание деятельности ОБСЕ по противодействию терроризму)

Совет министров, (…)

вновь подтверждая существующие обязательства ОБСЕ по противодействию терроризму и намерение сохранить контртеррористическую деятельность в числе приоритетов ОБСЕ, (…)

вновь заявляя о необходимости устранить условия, которые могут способствовать возник- новению и поддерживать существование терроризма, в частности, путем полного уважения демократии и верховенства закона, создания всем гражданам условий для полноправного участия в политической жизни, предотвращения дискриминации и поощрения межкуль- турного и межконфессионального диалога в их обществах, привлечения гражданского общества к поиску общего политического урегулирования конфликтов, обеспечения прав человека и терпимости, а также борьбы с нищетой, (…)

1. Призывает государства-участники и исполнительные структуры ОБСЕ продолжать свои усилия, направленные на активное содействие осуществлению Глобальной контртеррори- стической стратегии ООН и других документов ООН по борьбе с терроризмом;

2. Призывает государства-участники продолжать поощрять государственно‑частное пар- тнерство с гражданским обществом, средствами массовой информации, деловым сообще- ством и промышленными кругами в противодействии терроризму, в том числе, когда это необходимо, путем распространения приобретенного опыта и обмена соответствующей информацией и примерами лучшей национальной практики как в ОБСЕ, так и на нацио- нальном, субрегиональном и региональном уровне;

404 6.4.1 Осуждение терроризма и обязательство бороться с ним

(…)

4. Призывает государства – участники ОБСЕ использовать исполнительные структуры ОБСЕ в противодействии насильственному экстремизму и радикализации, которые при- водят к терроризму, в своих соответствующих странах. С этой целью государствам-у- частникам рекомендуется продолжать обмен идеями и примерами лучшей национальной практики, касающимися их стратегий и мер по противодействию насильственному экстре- мизму и радикализации, которые приводят к терроризму, а также расширять свое сотруд- ничество со средствами массовой информации, деловым сообществом, промышленными кругами и гражданским обществом; (…)

Афины, 2009 г. (Решение № 3/09 Дальнейшие меры по поддержке и развитию международно-правовых рамок борьбы с терроризмом)

Совет министров, (…)

(…) приветствуя значительный прогресс, достигнутый в плане присоединения государств-у- частников к 12 универсальным конвенциям и протоколам 1963–1999 годов о борьбе с тер- роризмом, а также прогресс в подписании и ратификации Международной конвенции о борьбе с актами ядерного терроризма (2005 год), (…)

признавая необходимость выполнения содержащихся в универсальных конвенциях и про- токолах о борьбе с терроризмом положений о наказуемости преступлений в рамках наци- онального уголовного и, где это применимо, также административного и гражданского законодательства, предусмотрев надлежащие меры наказания за эти преступления, с тем чтобы привлечь к судебной ответственности исполнителей, организаторов, пособников и спонсоров актов терроризма в рамках верховенства права и содействовать международ- ному правовому сотрудничеству на основе принципа «выдавать или предавать суду», как того требуют соответствующие резолюции Совета Безопасности ООН и универсальные международно-правовые документы о борьбе с терроризмом,

признавая также, что государства – участники ОБСЕ могут нуждаться в технической помощи в своих усилий в указанных выше направлениях,

признавая ту важную роль, которую парламентарии играют в ратификации и осуществле- нии в рамках национального законодательства универсальных конвенций и протоколов о борьбе с терроризмом,

настоятельно призывает те государства – участники ОБСЕ, которые еще не сделали этого, приложить все усилия для того, чтобы незамедлительно стать сторонами 13 действующих в настоящее время универсальных конвенций и протоколов о борьбе с терроризмом и в пол- ном объеме выполнять их положения; 6 призывает государства – участники ОБСЕ рассмотреть возможность присоединения к Поправке к Конвенции о физической защите ядерного материала (2005 год), Протоколу к Конвенции о борьбе с незаконными актами, направленными против безопасности мор- ского судоходства (2005 год) и Протоколу к Протоколу о борьбе с незаконными актами,

405 6.4.1 Осуждение терроризма и обязательство бороться с ним

направленными против безопасности стационарных платформ, расположенных на конти- нентальном шельфе (2005 год), и затем в полном объеме выполнять их положения;

призывает государства – участники ОБСЕ рассмотреть возможность присоединения к реги- ональным и субрегиональным международно-правовым документам, касающимся терро- ризма, в том числе к Конвенции Совета Европы о предупреждении терроризма; (…)

призывает государства – участники ОБСЕ укреплять межгосударственное сотрудничество в продвижении универсальных конвенций и протоколов о борьбе с терроризмом путем обмена техническим экспертным потенциалом и поручает Генеральному секретарю про- должать содействовать межгосударственному сотрудничеству, в том числе путем согласо- вания предложений и заявок на техническую помощь между государствами-участниками;

поручает Генеральному секретарю и компетентным исполнительным структурам ОБСЕ, в рамках имеющихся ресурсов, продолжать сотрудничество с ЮНОДК в вопросе усиления правового режима борьбы с терроризмом путем содействия осуществлению универсальных международно-правовых документов о борьбе с терроризмом, в частности путем дальней- шего совершенствования и упорядочения поддержки, оказываемой Программе ЮНОДК по предупреждению терроризма в плане: • повышения осведомленности общественности и содействия формированию у госу- дарств-участников политической воли к тому, чтобы стать сторонами универсальных конвенций и протоколов о борьбе с терроризмом; • оказания государствам-участникам по их просьбе технической помощи в разработке уголовного законодательства по борьбе с терроризмом; • обучения судебных должностных лиц навыкам международно-правового сотрудниче- ства в уголовных делах, связанных с терроризмом; (…)

Астана, 2010 г.

9. В то же время в сегодняшнем сложном и взаимозависимом мире мы должны добиться большего единства целей и действий в противостоянии появляющимся транснациональ- ным угрозам, таким как терроризм (…). Подобного рода угрозы могут возникать в нашем регионе либо за его пределами.

(…) Мы вновь подтверждаем нашу полную приверженность делу противодействия корруп- ции и отмыванию денег, финансированию терроризма и связанным с ними преступлениям, выдвигая это в качестве приоритетной политической задачи, решение которой подкреплено надлежащими правовыми инструментами, адекватными финансовыми, кадровыми и орга- низационными ресурсами и, при необходимости, надлежащим инструментарием, позво- ляющим найти практическое эффективное решение. (…)

406 6.4.1 Осуждение терроризма и обязательство бороться с ним

Мы отмечаем, что международные теракты зависят от финансовых средств, которые могут попасть в распоряжение террористов. Мы считаем, что финансирование терроризма – это проблема, вызывающая глубокую озабоченность всего международного сообщества. Мы убеждены в неотложной необходимости наращивания международного сотрудничества между государствами в разработке и принятии эффективных мер по недопущению финан- сирования терроризма, а также по его пресечению посредством судебного преследования и наказания замешанных в нем лиц.

Киев, 2013 г. (Декларация министров о наращивании усилий ОБСЕ по противодействию транснациональным угрозам)

Мы, члены Совета министров ОБСЕ, признавая эволюционирующий характер транснацио- нальных угроз в регионе ОБСЕ и за его пределами и необходимость обеспечения коллектив- ных и эффективных международных ответных мер, скоординированных и опирающихся на межизмеренческий подход, (…)

высоко оцениваем деятельность государств – участников ОБСЕ по укреплению сотрудни- чества в противодействии транснациональным угрозам в таких областях, как противоде- йствие терроризму, (…)

Белград, 2015 г. (Декларация министров о наращивании усилий ОБСЕ по борьбе с терроризмом в свете недавних атак террористов)

Мы, министры иностранных дел государств – участников Организации по безопасности и сотрудничеству в Европе, потрясены произошедшими в разных частях региона ОБСЕ и вблизи него в 2015 году нападениями террористов на мирных граждан, повлекшими чело- веческие жертвы; мы приносим искренние соболезнования семьями погибших, а также ставшим объектами этих нападений народам и правительствам и желаем скорейшего выз- доровления пострадавшим.

Мы безоговорочно и самым решительным образом осуждаем все террористические напа- дения, в том числе неизбирательное убийство гражданских лиц и преднамеренные напа- дения на отдельных лиц и общины, в частности, по признаку их религии или убеждений, в том числе совершаемые «Исламским государством Ирака и Леванта», также известным как «ДАИШ» (ИГИЛ/ДАИШ), Фронтом «Ан-Нусра» (ФАН) и всеми другими лицами, груп- пами, предприятиями и организациями, связанными с «Аль-Каидой», которые представ- ляют собой беспрецедентную глобальную угрозу международному миру и безопасности.

Мы вновь подтверждаем, что терроризм во всех его формах и проявлениях представляет собой одну из самых серьезных угроз международному миру и безопасности и что любые акты терроризма являются преступными и не имеющими оправдания деяниями, независимо от их мотивов, когда бы и кем бы они ни совершались, и что терроризм не может и не дол- жен ассоциироваться с какой-либо расой, религией, национальностью или цивилизацией.

Мы твердо намерены наращивать свои усилия в противодействии угрозе терроризма, в том числе угрозе со стороны иностранных боевиков-террористов, и с этой целью продолжать в полной мере выполнять принятые в рамках ОБСЕ обязательства в области предупреж- 6 дения терроризма и борьбы с ним, а также резолюции 2170, 2178, 2199 и 2249 Совета Без- опасности ООН.

407 6.4.1 Осуждение терроризма и обязательство бороться с ним

Мы напоминаем о том, что государства-участники должны предотвращать и пресекать финансирование террористических актов и воздерживаться от предоставления в любой форме поддержки – активной или пассивной – организациям или лицам, замешанным в террористических актах, в том числе путем пресечения вербовки членов террористиче- ских групп и ликвидации каналов поставок оружия террористам.

Мы вновь подтверждаем свое обязательство сохранять единство в борьбе с терроризмом и вести совместную работу с целью предупреждения и пресечения террористических актов, а также устранять условия, способствующие распространению терроризма, посредством усиления международной солидарности и сотрудничества при полном признании централь- ной роли Организации Объединенных Наций, в соответствии с Уставом ООН и другими обязательствами согласно применимым нормам международного права, в частности, меж- дународного права прав человека, международного беженского и международного гумани- тарного права, а также путем осуществления в полной мере резолюций Совета Безопасности ООН и Глобальной контртеррористической стратегии ООН.

Мы подчеркиваем, что уважение прав человека, основных свобод и верховенства права, являющееся одной из важнейших составляющих успешного противодействия терроризму, и эффективные контртеррористические меры дополняют и усиливают друг друга, и отме- чаем важность уважения верховенства права для эффективного предупреждения терро- ризма и борьбы с ним.

Мы подтверждаем свою решимость и свое политическое обязательство всемерно сотруд- ничать в предупреждении терроризма и противодействии ему в соответствии со своими обязательствами по международному праву для того, чтобы находить, отказывать в убе- жище и передавать правосудию на основании принципа «выдать или предать суду» любое лицо, которое оказывает поддержку, содействие, принимает участие или пытается прини- мать участие в финансировании, планировании, подготовке или совершении террористи- ческих актов или предоставлении убежища.

Мы подчеркиваем, что терроризм можно победить лишь с помощью последовательного и всеобъемлющего подхода, предполагающего активное участие и взаимодействие всех государств-участников и соответствующих международных и региональных организаций, а также, в соответствующих случаях, гражданского общества, в сдерживании, ослаблении, локализации и нейтрализации террористической угрозы. (…)

Мы убеждены, что борьба с терроризмом в соответствии с принятыми в ОБСЕ принци- пами и обязательствами требует всеобъемлющих непрерывных усилий по устранению как проявлений терроризма, так и различных социально-экономических, политических и иных факторов, способных создавать условия, в которых террористические организации могли бы заниматься вербовкой и получать поддержку, и признаем при этом, что ни одно из этих условий не может служить оправданием или обоснованием актов терроризма.

Мы вновь подтверждаем непреклонную решимость государств-участников отстаивать фун- даментальные принципы, на которых зиждется ОБСЕ, и выполнять все принятые в рамках ОБСЕ обязательства, особенно те, которые связаны с предупреждением терроризма и борь- бой с ним, включая феномен иностранных боевиков-террористов, с противодействием насильственному экстремизму и радикализации, ведущим к терроризму, уважением прав человека и верховенства права и содействием обеспечению терпимости и недискримина- ции, взаимного уважения и взаимопонимания в наших обществах.

408 6.4.1 Осуждение терроризма и обязательство бороться с ним

подчеркивая свое решительное и безусловное осуждение терроризма и насильственного экстремизма, а также свою глубокую солидарность со всеми жертвами терроризма,

вновь подтверждая обязательство государств-участников работать совместно с целью предотвращения, пресечения и расследования связанных с терроризмом актов и судеб- ного преследования виновных, включая их финансирование, и подчеркивая свою твердую решимость бороться с терроризмом во всех его формах и проявлениях как преступлением, не имеющим никакого оправдания, независимо от его мотивов и происхождения, а также то, что терроризм и насильственный экстремизм не могут и не должны ассоциироваться с какой-либо расой, этносом, национальностью или религией, (…)

признавая ведущую роль Организации Объединенных Наций в международных усилиях по предупреждению терроризма и насильственного экстремизма и противодействию им и приверженность государств-участников полному осуществлению Глобальной контртер- рористической стратегии ООН,

руководствуясь своей убежденностью в том, что борьба с терроризмом и насильственным экстремизмом в соответствии с принятыми в рамках ОБСЕ принципами и обязательствами требует всеобъемлющих непрерывных усилий по устранению как проявлений терроризма, так и различных социально-экономических, политических и иных факторов, способных создавать условия, в которых террористические организации могли бы заниматься вер- бовкой и получать поддержку,

вновь подтверждая обязательство государств-участников осуществлять обмен идеями и примерами передовой национальной практики, касающимися их стратегий и мер по про- тиводействию насильственному экстремизму и радикализации, ведущим к терроризму, с целью расширения практического сотрудничества, (…)

Гамбург, 2016 г. (Декларация министров о наращивании усилий ОБСЕ по предупреждению терроризма и противодействию ему)

1. Мы, министры иностранных дел государств – участников Организации по безопасно- сти и сотрудничеству в Европе, самым решительным образом осуждаем все террористи- ческие атаки, произошедшие в разных частях региона ОБСЕ, соседних регионах и во всем мире, в том числе в 2016 году. Мы вновь подтверждаем свою солидарность с жертвами тер- роризма и подчеркиваем необходимость укреплять международную солидарность в ока- зании им поддержки и обеспечивать достойное и уважительное отношение к ним. Мы приносим искренние соболезнования семьям погибших, а также ставшим объектами этих нападений народам и правительствам. 6 2. Мы безоговорочно осуждаем и выражаем возмущение неизбирательным убийством гражданских лиц и преднамеренными нападениями на них, бесчисленными зверствами, преследованием отдельных лиц и общин, в том числе по признаку их религии или убежде- ний, осуществляемыми террористическими организациями, в частности т. н. Исламским

409 6.4.1 Осуждение терроризма и обязательство бороться с ним

государством Ирака и Леванта, также известным как «ДАИШ» (ИГИЛ/ДАИШ), «Аль-Ка- идой», ФАН/Джебхат Фатах аш-Шам и связанными с ними лицами, группами, предприя- тиями и организациями.

3. Мы вновь подтверждаем, что терроризм во всех его формах и проявлениях представляет собой одну из самых серьезных угроз международному миру и безопасности и что любой акт терроризма является преступным и не имеющим оправдания деянием, независимо от его мотивов, и что терроризм не может и не должен ассоциироваться с какой-либо расой, религией, национальностью или цивилизацией.

4. Мы подчеркиваем центральную роль Организации Объединенных Наций в предупреж- дении терроризма и противодействии ему и решительно подтверждаем свое обязательство принимать меры, необходимые для защиты каждого, кто находится под нашей юрисдик- цией, от террористических актов, и необходимость того, чтобы все действия осуществля- лись в соответствии с Уставом ООН и всеми другими соответствующими обязательствами по международному праву, в частности международному праву прав человека, международ- ному беженскому и международному гуманитарному праву, а также согласно соответству- ющим резолюциям Совета Безопасности ООН. В соответствии с этими документами мы подчеркиваем важность наших обязательств в рамках Глобальной контртеррористической стратегии ООН. Мы также принимаем к сведению соответствующие документы о передо- вой практике, принятые Глобальным контртеррористическим форумом.

5. Мы напоминаем о всех соответствующих документах, принятых ОБСЕ при предшеству- ющих председательствах в области предупреждения терроризма и противодействия ему. Мы также принимаем к сведению Конвенцию Совета Европы о предупреждении терро- ризма и призываем государства – участники ОБСЕ рассмотреть вопрос о присоединении к этой конвенции и к Дополнительному протоколу к ней.

6. Мы подчеркиваем, что государства-участники играют главную роль в предупрежде- нии терроризма, а также насильственного экстремизма и радикализации, ведущих к тер- роризму (НЭРВТ), и в противодействии им, выполняя при этом свои обязательства по международному праву, в том числе касающиеся прав человека и основных свобод. Мы однозначно подтверждаем свою решимость и обязательство сохранять единство в преду- преждении терроризма и противодействии ему путем усиления международной солидар- ности и сотрудничества на всех соответствующих уровнях с помощью последовательного и всеобъемлющего подхода, предполагающего активное участие и взаимодействие всех госу- дарств-участников и соответствующих международных и региональных организаций. Мы сознаем, что государства-участники должны принимать меры, соответствующие их обя- зательствам в рамках ОБСЕ, и, обеспечивая опору на собственные силы, устранять усло- вия, способствующие распространению терроризма, признавая при этом, что ни одно из этих условий не может служить оправданием или обоснованием актов терроризма. В связи с этим мы признаем необходимость нейтрализации угрозы, которую представляют собой идеологемы, используемые террористами, в частности, для публичного оправдания терро- ризма, подстрекательства и вербовки, и призываем государства-участники к взаимодействию с целью разработки наиболее эффективных мер реагирования в соответствии с нормами международного права, включая международное право прав человека.

7. Мы приветствуем работу, проводимую Группой разработки финансовых мер борьбы с отмыванием денег (ФАТФ), и подчеркиваем, что все государства-участники должны при- нимать надлежащие меры по предупреждению и пресечению финансирования терроризма и воздерживаться от его финансовой поддержки в какой бы то ни было форме, в частности

410 6.4.1 Осуждение терроризма и обязательство бороться с ним

путем участия в идущей на пользу террористическим организациям прямой или опосре- дованной торговле природными ресурсами, такими, как нефть и нефтепродукты, ору- жием, боеприпасами и запчастями, культурными ценностями и другими предметами, имеющими археологическое, культурное, раритетно-научное и религиозное значение. Мы также подчеркиваем важность сотрудничества между государствами – участниками ОБСЕ в предупреждении вербовки членов террористических групп, включая иностранных бое- виков-террористов, и в противодействии ей. Мы будем и впредь сокращать угрозу терро- ризма путем предупреждения трансграничного перемещения лиц, оружия и денежных средств, связанных с террористической деятельностью, в соответствии с принятыми в рам- ках ОБСЕ обязательствами.

8. Мы вновь подтверждаем, что те, кто участвует в финансировании, планировании, под- готовке или совершении террористических актов либо в пособничестве им, должны при- влекаться к ответственности и передаваться правосудию на основании принципа «либо выдай, либо суди» в соответствии с обязательствами по международному праву, а также применимыми нормами внутреннего законодательства. Мы подтверждаем свою решимость и обязательство всемерно сотрудничать в предупреждении терроризма и противодействии ему, уважая при этом права человека и основные свободы и соблюдая свои обязательства по международному праву. Мы призываем государства к сотрудничеству в усилиях по ней- трализации угрозы, создаваемой террористами, включая иностранных боевиков- террори- стов и террористов-возвращенцев, в частности, путем разработки и реализации стратегий реабилитации и реинтеграции после уголовного преследования.

9. Мы подчеркиваем ключевое значение обмена информацией, особенно в том, что каса- ется иностранных боевиков-террористов, похищенных или утерянных проездных доку- ментов, огнестрельного оружия, разграбленных или похищенных культурных ценностей, таких, как предметы антиквариата, и призываем все государства в полной мере использо- вать имеющиеся многосторонние и двусторонние механизмы и системы обмена данными.

10. Мы подчеркиваем важность сотрудничества между государствами – участниками ОБСЕ, в том числе с привлечением, где это целесообразно, гражданского общества, в целях пред- упреждения терроризма и противодействия ему. Мы также подчеркиваем важную роль, которую может играть в предупреждении НЭРВТ гражданское общество, и в частности молодежь, семьи, женщины, лица, пострадавшие от терроризма, лидеры в сферах рели- гии, культуры и образования, а также СМИ и частный сектор, в том числе путем про- тиводействия распространению идеологии терроризма и насильственного экстремизма и популяризации альтернатив этой идеологии, среди прочего в Интернете, социальных сетях и других медиа. Мы рекомендуем политическим лидерам и общественным деяте- лям, в том числе представляющим гражданское общество, а также религиозным лидерам решительно и незамедлительно выступать против насильственного экстремизма и ради- кализации, ведущих к терроризму.

11. Мы с одобрением отмечаем продолжающееся осуществление кампании «Сплоченная ОБСЕ в противодействии насильственному экстремизму» (#United CVE) и напоминаем, что Генеральная ассамблея Организации Объединенных Наций приняла к сведению представ- ленный Генеральным секретарем ООН План действий по предупреждению воинствующего экстремизма, предложив государствам учитывать содержащиеся в нем соответствующие рекомендации при разработке, когда это целесообразно и насколько это применимо в их 6 внутреннем контексте, национальных и региональных планов действий по предупрежде- нию воинствующего экстремизма, ведущего к терроризму.

411 6.4.2 Уважение прав человека и верховенства закона при борьбе с терроризмом

12. Мы приветствуем деятельность, осуществляемую исполнительными структурами ОБСЕ, в том числе ее институтами, в рамках существующих мандатов и имеющихся ресурсов с целью поддержки выполнения принятых в ОБСЕ обязательств в области предупреждения терроризма и противодействия ему согласно всеобъемлющему подходу ОБСЕ к безопасности.

13. Мы предлагаем партнерам ОБСЕ по сотрудничеству присоединиться к нам в приня- тии этой декларации.

6.4.2 Уважение прав человека и верховенства закона при борьбе с терроризмом

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

Государства-участники (…) выражают свою решимость принимать эффективные меры по предотвращению и пресечению актов терроризма… Они соглашаются делать это в соот- ветствии с (…) хельсинкским Заключительным актом.

Копенгаген, 1990 г.

(6) Государства-участники (…) признают свою ответственность за защиту и охрану в соот- ветствии со своими законами, своими обязательствами по международному праву в обла- сти прав человека и своими международными обязательствами свободно установленный путем волеизъявления народа демократический порядок от деятельности отдельных лиц, групп или организаций, которые используют или отказываются отвергнуть терроризм или насилие, направленные на свержение этого порядка или такого порядка в другом государ- стве-участнике.

Бухарест, 2001 г. (Декларация Совета министров)

3. (…) Мы вновь заявляем, что борьба с терроризмом не есть война против религий или народов. Мы подтверждаем нашу приверженность защите прав человека и основных свобод.

4. Мы твердо намерены защитить своих граждан от новых вызовов их безопасности, обе- регая при этом верховенство закона, индивидуальные свободы и право на равное право- судие в рамках закона.

Бухарест, 2001 г. (Решение № 1/01 Борьба c терроризмом)

(…) Государства-участники ОБСЕ не отступят перед угрозами террористов, а будут бороться с ними, используя все средства в соответствии со своими международными обязательствами (…) Они будут отстаивать свободу и защищать своих граждан от актов терроризма, в пол- ной мере уважая международное право и права человека. Они категорически не прием- лют отождествление терроризма с какой-либо нацией или религией и вновь подтверждают нормы, принципы и ценности ОБСЕ.

26. Предотвращение передвижения террористов. Государства-участники: будут предотвра- щать передвижение террористов или террористических групп с помощью эффективного

412 6.4.2 Уважение прав человека и верховенства закона при борьбе с терроризмом

пограничного контроля и контроля за выдачей документов, удостоверяющих личность, и проездных документов… будут применять такие меры контроля с полным соблюдением своих обязательств по международно-правовым актам о беженцах и о правах человека;

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

Государства-участники ОБСЕ (…)

6. Подтверждают свое обязательство принимать меры, необходимые для защиты от терро- ристических актов прав человека и основных свобод, особенно права на жизнь, каждого, кто находится под их юрисдикцией;

7. Обязуются принимать эффективные и решительные меры против терроризма и осущест- влять все контртеррористические меры и сотрудничество в соответствии с принципом верховенства закона, Уставом ООН и соответствующими положениями международного права, международными стандартами в области прав человека и, где это применимо, поло- жениями международного гуманитарного права;

Маастрихт, 2003 г. (Стратегия ОБСЕ по противодействию угрозам безопасности и стабильности в XXI веке)

29. (…) Особое внимание будет уделяться наращиванию потенциала и оказанию иной помощи в области борьбы с терроризмом. При этом внимание уделяется и такой важной проблеме, как принятие эффективных мер против терроризма в полном соответствии с принципами верховенства закона и международным правом, в том числе касающимся прав человека. (…)

София, 2004 г. (Заявление Совета министров в Софии по предупреждению терроризма и борьбе с ним)

(…) Мы вновь подчеркиваем нашу решимость бороться с терроризмом во всех его формах и проявлениях (…) и вести эту борьбу при соблюдении верховенства закона и в соответ- ствии с нашими обязательствами по международному праву, в частности, международным стандартам в области прав человека, беженскому праву и гуманитарному праву.

2. Мы подчеркиваем ведущую роль Организации Объединенных Наций во всеобъемлю- щей борьбе против терроризма (…) и поддерживаем резолюцию 2004/87 Комиссии ООН по правам человека (…)

Мы убеждены, что уважение прав человека и основных свобод является важным элемен- том обеспечения мира и стабильности и предупреждения терроризма. Мы признаем, что для эффективного предупреждения терроризма и борьбы с ним требуется привлечение 6 гражданского общества в наших странах.

413 6.4.2 Уважение прав человека и верховенства закона при борьбе с терроризмом

София, 2004 г. (Решение № 3/04 Борьба с использованием Интернета в террористических целях)

(…) обеспокоенный масштабами использования Интернета террористическими организа- циями (…) постановляет, что государства-участники будут обмениваться информацией об использовании Интернета в террористических целях и определять возможные стратегии борьбы с этой угрозой, обеспечивая в то же время соблюдение международных обязательств и норм в области прав человека, в том числе касающихся прав на неприкосновенность част- ной жизни, свободу мнений и свободу выражения;

Брюссель, 2006 г. (Заявление Совета министров в Брюсселе о поддержке и оказании содействия международно-правовой базе борьбы с терроризмом) (…)

Мы подчеркиваем, что меры этой борьбы должны приниматься при полном уважении прин- ципа верховенства закона и в соответствии с нашими обязательствами в рамках междуна- родного права, в частности международного права в области прав человека и прав беженцев и международного гуманитарного права. (…)

Мадрид, 2007 г. (Решение № 5/07 Государственно-частное партнерство в противодействии терроризму) (…)

вновь подтверждая фундаментальное значение, в том числе в контексте борьбы с терро- ризмом и преодоления страха перед терроризмом, уважения всех прав человека и фун- даментальных свобод и принципа верховенства закона и соблюдения соответствующих международно-правовых обязательств, в частности, по нормам международного права в сферах прав человека, беженского права и гуманитарного права, (…)

(…) В этой связи во всех усилиях необходимо должным образом учитывать следующие аспекты: (…) • утверждение терпимости, прав человека, верховенства закона, демократии, надлежащего государственного управления и межкультурного диалога, • повышение осведомленности общественности и усиление просветительской работы через СМИ и образовательные учреждения при условии уважения культурного и рели- гиозного многообразия, (…)

постановляет:

1. Поручить Генеральному секретарю и институтам ОБСЕ продолжать работу по привле- чению частного сектора (гражданского общества и делового сообщества) к участию в уси- лиях по противодействию терроризму, когда это уместно и целесообразно; (…)

414 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

Хельсинки, 2008 г. (Решение № 7/08 Дальнейшее укрепление верховенства закона в регионе ОБСЕ)

Совет министров, (…)

4. Рекомендует государствам-участникам при содействии, когда это необходимо, соответ- ствующих исполнительных структур ОБСЕ, в соответствии с их мандатами и в рамках име- ющихся ресурсов, продолжать и активизировать деятельность по обмену информацией и лучшей практикой и укреплять верховенство закона, в частности, в следующих областях: (…) • соблюдение верховенства закона и прав человека в ходе борьбы с терроризмом в соответ- ствии со своими международно-правовыми обязательствами и обязательствами ОБСЕ; (…)

Хельсинки, 2008 г. (Решение № 10/08 Дальнейшее наращивание деятельности ОБСЕ по противодействию терроризму)

Совет министров,

вновь подчеркивая решимость государств – участников ОБСЕ бороться с терроризмом во всех его формах и проявлениях как преступлением, не имеющим оправдания, каковы бы ни были его корни или мотивация, и вести эту борьбу, уважая верховенство закона и в соот- ветствии со своими обязательствами по международному праву, в частности международ- ному праву прав человека, беженскому праву и гуманитарному праву, (…)

6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

Мадрид, 1983 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

В контексте борьбы против актов терроризма они будут принимать все соответствующие меры к тому, чтобы воспрепятствовать использованию их соответствующих территорий с целью подготовки, организации или совершения террористической деятельности, вклю- чая направленную против других государств-участников и их граждан. Это распростра- няется также на меры по запрещению на их территориях незаконной деятельности лиц, групп и организаций, которые подстрекают, организуют акты терроризма или участвуют в их совершении.

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(10) (…) государства-участники выражают свое намерение: (…) 6 (10.3.) предотвращать на своих территориях незаконную деятельность лиц, групп или организаций, которые подстрекают, организуют или участвуют в актах терроризма или

415 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

подрывной или другой деятельности, направленной на насильственное свержение режима другого государства-участника;

Стамбул, 1999 г. (Хартия европейской безопасности: I. Общие для нас вызовы)

4. (…) Мы будем наращивать свои усилия по недопущению подготовки и финансирова- ния любых актов терроризма на территории наших государств и отказывать террористам в убежище (…)

416 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

Государства-участники ОБСЕ, твердо приверженные совместной борьбе с терроризмом,

8. Вновь подтверждают, что каждое государство обязано воздерживаться от укрыватель- ства террористов, от организации террористических актов в другом государстве, подстре- кательства к ним, оказания им активной или пассивной поддержки или содействия и от спонсирования их в какой-либо иной форме, а также не должно попустительствовать на своей территории организованной деятельности, направленной на совершение таких актов; (…)

24. Признают необходимость дополнять международное сотрудничество принятием всех необходимых мер для того, чтобы всеми законными средствами предотвращать и пресекать на своей территории пособничество любым террористическим актам, их финансирование и подготовку, а также для введения уголовной ответственности за умышленное предоставле- ние или сбор средств в целях террористической деятельности, в рамках своих обязательств по Международной конвенции о борьбе с финансированием терроризма и соответствую- щим резолюциям Совета Безопасности;

выражая глубокую озабоченность тем фактом, что некоторые серьезные преступления, 6 совершенные террористами или террористическими группами, включая иностранных бое- виков-террористов, были направлены против лиц и групп, исходя из их этнического проис- хождения, религии или убеждений, и отмечая роль, которую дискриминация и нетерпимость

417 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

могут играть в разжигании насильственного экстремизма и радикализации, ведущих к тер- роризму,

обращая особое внимание на то, что государства-участники играют главную роль в преду- преждении терроризма и насильственного экстремизма и противодействии им, уважая свои обязательства по международному праву,

подчеркивая важную роль, которую молодежь, семьи, женщины, жертвы терроризма, лидеры в сферах религии, культуры и образования, гражданское общество, а также средства массо- вой информации могут играть в противодействии распространению идей насильственного экстремизма, которые могут подталкивать к совершению террористических актов, и в устра- нении условий, способствующих распространению терроризма, в частности, путем поощ- рения взаимного уважения и взаимопонимания, примирения и мирного сосуществования культур, а также путем продвижения и защиты прав человека, основных свобод, демокра- тических принципов и верховенства права, (…)

418 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

призываем государства-участники:

1. Продолжить наращивание своих усилий по предупреждению насильственного экстре- мизма и радикализации, ведущих к терроризму, в своих странах и противодействию им, придерживаясь многоизмеренческого подхода, и в связи с этим использовать, когда это целесообразно и где необходимо, исполнительные структуры ОБСЕ, включая полевые опе- рации в рамках их соответствующих мандатов;

2. Укреплять свои усилия по противодействию финансированию терроризма и его пресече- нию во исполнение соответствующих резолюций Совета Безопасности Организации Объе- диненных Наций, (…), и согласно им, а также в поддержку обязательств в рамках ОБСЕ (…);

3. Принять меры, которые могут оказаться необходимыми и целесообразными и отвечать их обязательствам по международному праву, в том числе в отношении прав человека и основных свобод, законодательно запретить подстрекательство к совершению террори- стического акта или актов и предотвращать такое поведение;

4. Сотрудничать в предупреждении насильственного экстремизма и радикализации, веду- щих к терроризму, и в противодействии им, в частности, путем укрепления потенциала, координации планов и действий и обмена приобретенным опытом, в том числе в ликви- дации каналов поставок оружия террористам, предупреждении радикализации, ведущей к терроризму, вербовки и мобилизации отдельных лиц в качестве террористов, в том числе в качестве иностранных боевиков-террористов;

5. Рассмотреть в случае необходимости вопрос о разработке и обновлении националь- ных контртеррористических стратегий и планов действий, в том числе конкретной поли- тики и мер по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им в порядке выполнения обязательств в рамках ОБСЕ и в соответствии со своими обязательствами по международному праву, включая право прав человека;

6. Поощрять использование на всех уровнях всеобъемлющего подхода в предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им, включая координацию действий между национальными властями, сотрудничество между государствами участниками и взаимодействие с соответствующими международ- ными и региональными организациями;

7. Содействовать обмену данными исследований и информацией об условиях, способству- ющих распространению насильственного экстремизма и радикализации, ведущих к тер- роризму, и о способах противодействия им;

8. Рекомендовать политическим лидерам и общественным деятелям, включая гражданское общество и религиозных лидеров, содействовать предупреждению насильственного экс- тремизма и радикализации, ведущих к терроризму, и противодействию им, решительно и незамедлительно выступая против насильственного экстремизма и радикализации, веду- щих к терроризму;

9. По мере необходимости и далее поощрять в борьбе с терроризмом государственно-частное 6 партнерство государственных властей, частного сектора, гражданского общества, членов или представителей религиозных общин и средств массовой информации в соответствии,

419 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

в частности, с Решением № 10/08 Совета министров с целью противодействия подстрекатель- ству к терроризму и насильственному экстремизму и радикализации, ведущим к терроризму;

10. Наращивать международное сотрудничество и государственно-частное партнерство в разработке практических мер по противодействию использованию Интернета и других средств для целей подстрекательства к насильственному экстремизму и радикализации, ведущим к терроризму, и для вербовки иностранных боевиков-террористов. Подобное меж- дународное сотрудничество и государственно-частное партнерство могли бы способство- вать просветительской деятельности по противодействию обмену идеями насильственного экстремизма, в том числе через социальные СМИ, при полном уважении права на свободу убеждений и их выражения; (…)

12. Поощрять открытый и транспарентный межкультурный, межконфессиональный и межрелигиозный диалог и сотрудничество с целью содействия, в частности, повыше- нию терпимости, взаимного уважения и взаимопонимания на местном, национальном, региональном и международном уровне;

13. Учитывать гендерные аспекты1 в своей деятельности по борьбе с терроризмом и по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им с акцентом на расширение прав и возможностей женщин и участие женщин, а также мужчин в этой деятельности;

15. Рассмотреть вопрос о поддержке деятельности ОБСЕ по всем трем измерениям безопас- ности, в том числе с помощью добровольных финансовых взносов, которая способствует глобальным усилиям по предупреждению насильственного экстремизма и радикализации, ведущих к терроризму, и противодействию им, при признании ведущей роли Организа- ции Объединенных Наций;

420 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

и противодействуя проявлениям нетерпимости и дискриминации, в том числе на основе религии или убеждений, ксенофобии и насилия, а также в поощрении межконфессио- нального, межрелигиозного и межкультурного диалога, (…) и рекомендовать партнерам по сотрудничеству и далее эффективно использовать принятые в ОБСЕ принципы, нормы и обязательства, а также ее соответствующий инструментарий;

17. Мы призываем парламентариев продолжать вести диалог с целью укрепления законо- дательства, имеющего принципиальное значение в борьбе с терроризмом, и обеспечения солидарности с жертвами терроризма, а также предлагаем им решительно и незамедли- тельно выступать против нетерпимости, дискриминации, терроризма и насильственного экстремизма и радикализации, ведущих к терроризму;

призываем соответствующие исполнительные структуры ОБСЕ в рамках их соответству- ющих мандатов и имеющихся ресурсов:

18. Продолжать, по мере необходимости, оказывать государствам-участникам, по их просьбе, свою поддержку в предупреждении насильственного экстремизма и радикализации, веду- щих к терроризму, и противодействии им, придерживаясь многоизмеренческого подхода, в том числе в отношении молодежи;

19. Содействовать обмену практическим опытом и примерами надлежащей практики и, по запросу, оказывать соответствующую помощь, в частности: (а) поощрять обмен данными исследований и информацией об условиях, способствующих насильственному экстремизму и радикализации, ведущих к терроризму, а также о спосо- бах противодействия им; (b) разрабатывать, если необходимо, национальные стратегии и планы действий по борьбе с терроризмом, включая политику и меры по противодействию насильственному экстре- мизму и радикализации, ведущим к терроризму; (с) учитывать гендерные аспекты в контексте предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодействия им с акцентом, в частности, на права и возможности женщин и участие женщин, а также мужчин в этой деятельности; (d) оказывать государствам-участникам помощь в налаживании, в случае необходимости в партнерстве с гражданским обществом и частным сектором, практической деятельности по поддержке в выработке политики, подходов и стратегий для предупреждения насиль- ственного экстремизма и радикализации, ведущих к терроризму, и противодействия им; (e) поощрять, по мере необходимости, обмен примерами передовой практики и изучить вопрос о возможной разработке международных руководящих принципов, касающихся реа- билитации, реинтеграции и предупреждения террористической радикализации в тюрьмах; (f) использовать подходы, предусматривающие взаимодействие полиции с местным населе- нием, для предупреждения терроризма и противодействия насильственному экстремизму и радикализации, ведущим к терроризму; (g) поощрять сотрудничество между экспертами из правительства, гражданского обще- ства, научного сообщества, средств массовой информации и частного сектора с целью предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодействия им; 6 (h) укреплять роль гражданского общества, женщин, молодежи и религиозных лидеров в предупреждении насильственного экстремизма и радикализации, ведущих к терроризму, и противодействии им;

421 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

(i) поощрять и защищать права человека и основные свободы, а также верховенство права в контексте мер по предупреждению терроризма и противодействию насильственному экс- тремизму и радикализации, ведущим к терроризму; (j) устранять негативные социально-экономические факторы в контексте предупреждения терроризма и противодействия насильственному экстремизму и радикализации, ведущим к терроризму; (k) поддерживать образовательно-просветительские инициативы и прочие меры по поощ- рению терпимости, недискриминации и ненасилия и повышать осведомленность обще- ственности о ксенофобских стереотипах, нетерпимости и дискриминации и бороться с ними в рамках усилий по предупреждению насильственного экстремизма и радикализа- ции, ведущих к терроризму, и противодействию им; (l) признать роль средств массовой информации в пропаганде плюралистических дискус- сий и поощрять профессионализм и добровольное саморегулирование в СМИ с целью воспитания терпимости к этническому, религиозному, языковому и культурному разноо- бразию и предупреждения насильственного экстремизма и радикализации, ведущих к тер- роризму, и противодействия им при уважении независимости и свободы средств массовой информации;

20. Сотрудничать с Организацией Объединенных Наций и другими соответствующими международными и региональными организациями и инициативами, чтобы избежать дублирования усилий и максимально увеличить синергию в области предупреждения насильственного экстремизма и радикализации, ведущих к терроризму, и противодей- ствия им;

21. Оказывать поддержку партнерам по сотрудничеству в соответствии с определенными ими потребностями и приоритетами (…);

22. Мы поручаем полевым операциям до 26 мая 2016 года доложить через Секретариат Постоянному совету об их прошлой, текущей и возможной деятельности согласно их соот- ветствующим мандатам, конкретно направленной на поддержку в их принимающих стра- нах усилий по противодействию насильственному экстремизму и радикализации, ведущим к терроризму, с использованием многоизмеренческого подхода.

Гамбург, 2016 г. (Решение № 6/16 Более широкое использование предварительной информации о пассажирах) (…)

вновь заявляя о необходимости вести борьбу с терроризмом, который составляет одну из наиболее серьезных угроз международному миру и безопасности, руководствуясь Уставом Организации Объединенных Наций и нормами международного права, включая приме- нимые нормы международного права прав человека, международного беженского права и международного гуманитарного права,

ссылаясь на зафиксированное в резолюции 2178 (2014) Совета Безопасности ООН обязатель- ство предотвращать передвижение террористов и террористических групп, руководству- ясь применимыми нормами международного права, в частности, с помощью эффективного пограничного контроля, и активизировать и ускорить обмен оперативной информацией, действуя в соответствии с нормами внутреннего законодательства и международного права, о действиях или перемещениях террористов и террористических сетей, включая

422 6.4.3 Предотвращение деятельности, связанной с терроризмом, на территории государств-участников

иностранных боевиков-террористов, особенно с государствами их проживания или граж- данства, используя двусторонние или многосторонние механизмы, (…)

заявляя о своем намерении выявлять и предотвращать передвижение иностранных бое- виков-террористов в полном соответствии с резолюциями 2178 (2014) и 2309 (2016) Совета Безопасности ООН, в которых всем государствам адресован призыв «требовать, чтобы ави- ационные компании, действующие на их территории, заблаговременно представляли соот- ветствующим национальным властям информацию о пассажирах для выявления случаев выезда с их территории или попыток въезда на их территорию или транзитного проезда через нее на борту воздушных судов гражданской авиации лиц, обозначенных Комитетом, (…) (…)

постановляет, что государства – участники ОБСЕ обязуются:

1. Создать национальные системы предварительной информации о пассажирах (API) в соот- ветствии с положениями, содержащимися в согласованном ИКАО Приложении 9 к Кон- венции о международной гражданской авиации (Чикагская конвенция), и сообразуясь с Руководящими принципами ВТамО, ИАТА и ИКАО, касающимися предварительной информации о пассажирах (API), в том числе в отношении неприкосновенности частной жизни и защиты данных, с целью эффективного сбора данных о пассажирах и/или членах экипажа от авиакомпаний, действующих на их территории;

2. Рассмотреть вопрос о создании на национальном уровне интерактивной системы обмена данными API (iAPI) с целью предотвратить передвижение иностранных боевиков-терро- ристов в соответствии с резолюциями 2178 (2014) и 2309 (2016) Совета Безопасности ООН;

3. При создании системы API придерживаться Документа 9082 ИКАО «Политика ИКАО в отношении аэропортовых сборов и сборов за аэронавигационное обслуживание», отме- чая, что государства несут ответственность за то, чтобы в аэропортах были приняты над- лежащие меры безопасности;

4. Сотрудничать со всеми соответствующими национальными заинтересованными сто- ронами в обеспечении функционирования систем API национального уровня и рассмо- треть вопрос об учреждении единого ведомства, которое получало бы от имени всех других ведомств все виды данных о пассажирах через единую точку ввода данных по принципу «одного окна»;

5. Повысить ценность данных API посредством усилий по введению автоматизированной сверки этих данных с соответствующими национальными, региональными и междуна- родными контрольными списками, в частности с базами данных Интерпола и санкцион- ными перечнями ООН;

6. Оказывать содействие другим государствам-участникам по их просьбе в создании системы API;

мы поручаем исполнительным структурам ОБСЕ в рамках имеющихся у них соответству- 6 ющих мандатов и ресурсов:

423 6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам

7. Поддерживать предпринимаемые на глобальном уровне усилия по повышению осведом- ленности о зафиксированных в резолюциях 2178 (2014) и 2309 (2016) Совета Безопасности ООН требованиях, касающихся предварительной информации о пассажирах, путем опреде- ления потребностей запрашивающих техническую помощь государств-участников, а также выявления возможностей для оказания донорами помощи в наращивании потенциала;

8. Оказать запрашивающим государствам-участникам поддержку в создании систем API в сотрудничестве с соответствующими международными и региональными организациями.

Гамбург, 2016 г. (Декларация министров о наращивании усилий ОБСЕ по предупреждению терроризма и противодействию ему) (…)

6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам

Вена, 1989 г. (Вопросы, относящиеся к безопасности в Европе: принципы)

(10) (…) государства-участники выражают свое намерение: (…) (10.5) обеспечить выдачу или судебное преследование лиц, причастных к террористическим актам, и тесно сотрудничать в случаях конкурирующей юрисдикции, когда заинтересован- ными оказываются несколько государств, действуя в обоих случаях согласно соответству- ющим международным соглашениям;

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

6. Государства-участники (…) будут предпринимать шаги по выполнению требований меж- дународных соглашений, налагающих на них обязательства по судебному преследованию или выдаче террористов.

424 6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам

19. Поддержка правоохранительной деятельности и борьба с организованной преступ- ностью. Государства-участники: (…) будут оказывать друг другу максимальную помощь в предоставлении информации в связи с уголовными расследованиями или процедурами выдачи преступников, связанными с террористическими актами, в соответствии со своим внутренним законодательством и международными обязательствами.

Порту, 2002 г. (Хартия ОБСЕ о предупреждении терроризма и борьбе с ним)

Государства-участники ОБСЕ, твердо приверженные совместной борьбе с терроризмом, (…)

10. Будут предпринимать надлежащие шаги с целью не допустить предоставления убежища любому лицу, планировавшему, способствовавшему или участвовавшему в террористи- ческих актах, соблюдая при этом соответствующие положения внутригосударственного и международного права (…) (…)

Любляна, 2005 г. (Решение № 4/05 Усиление правового сотрудничества в вопросах уголовного производства в целях противодействия терроризму)

Совет министров,

преисполненный решимости наращивать антитеррористическую деятельность ОБСЕ в соот- ветствии с международным правом и существующими политическими обязательствами в рамках ОБСЕ,

напоминая о резолюциях 1373 (2001), 1566 (2004) и 1624 (2005) Совета Безопасности Орга- низации Объединенных Наций, в которых ко всем государствам обращен призыв стать как можно скорее участниками соответствующих международных конвенций и протоко- лов о борьбе с терроризмом и полностью сотрудничать в борьбе с терроризмом, а также о соответствующих принятых в ОБСЕ антитеррористических обязательствах,

ссылаясь на резолюцию 1631 (2005) Совета Безопасности Организации Объединенных 6 Наций, и в частности на ее положение, содержащее настоятельный призыв ко «всем соот- ветствующим региональным и субрегиональным организациям повышать эффективность своих усилий по борьбе с терроризмом в рамках своих соответствующих мандатов, в том

425 6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам

числе с целью укрепления своего потенциала по оказанию помощи государствам-членам в их усилиях, направленных на ликвидацию угроз международному миру и безопасности, создаваемых террористическими актами»,

приветствуя продолжающиеся в рамках Организации Объединенных Наций усилия по завершению на ускоренной основе работы над проектом всеобъемлющей конвенции о тер- роризме,

отмечая, что вышеупомянутые конвенции и протоколы образуют универсальный право- вой антитеррористический режим и, в отсутствие двусторонних договоров о взаимной правовой помощи и экстрадиции, могут в сочетании с Конвенцией ООН против трансна- циональной организованной преступности (Палермская конвенция) служить основой для правового сотрудничества, (…)

постановляет, что государствам-участникам следует активно и в полной мере сотрудни- чать между собой, руководствуясь применимыми правилами, установленными внутренним законодательством и международным правом, в розыске и привлечении к ответственности исполнителей, организаторов, спонсоров террористических актов и тех, кто их поддержи- вает, на основе принципа «либо суди, либо выдай»; (…)

поручает Генеральному секретарю, в тесном сотрудничестве с ЮНОДК, организовать для обращающихся с соответствующей просьбой государств-участников национальные семи- нары для подготовки работников прокуратуры и судов по вопросам экстрадиции и оказания взаимной правовой помощи в вопросах уголовного производства, в том числе связанных с терроризмом.

426 6.4.4 Выдача и судебное преследование лиц, причастных к террористическим актам

13. Государства-участники будут в соответствии со своими обязательствами по международ- ному праву в полной мере сотрудничать в вопросах борьбы с терроризмом для того, чтобы находить, отказывать в убежище и передавать правосудию на основании принципа «выдать или предать суду» любое лицо, которое оказывает поддержку, содействие, принимает уча- стие или пытается принимать участие в финансировании, планировании, подготовке или совершении террористических актов или предоставлении убежища. Перед предоставле- нием статуса беженца государства-участники будут принимать надлежащие меры согласно соответствующим положениям национального законодательства и международного права, включая международные стандарты по правам человека, чтобы удостовериться в том, что проситель убежища не планировал, не содействовал и не участвовал в совершении терро- ристических актов. В соответствии с международным правом они будут заботиться о том, чтобы лица, совершившие, организовавшие или содействовавшие совершению террористи- ческих актов, не могли злоупотреблять статусом беженца, и чтобы утверждения о наличии политической мотивации не признавались в качестве основания для отклонения запросов об экстрадиции лиц, подозреваемых в террористической деятельности; (…)

Совет министров, (…)

8. Мы вновь подтверждаем, что те, кто участвует в финансировании, планировании, под- готовке или совершении террористических актов либо в пособничестве им, должны при- 6 влекаться к ответственности и передаваться правосудию на основании принципа «либо выдай, либо суди» в соответствии с обязательствами по международному праву, а также применимыми нормами внутреннего законодательства. Мы подтверждаем свою решимость

427 6.4.5 Противодействие использованию Интернета в террористических целях

и обязательство всемерно сотрудничать в предупреждении терроризма и противодействии ему, уважая при этом права человека и основные свободы и соблюдая свои обязательства по международному праву. Мы призываем государства к сотрудничеству в усилиях по ней- трализации угрозы, создаваемой террористами, включая иностранных боевиков- террори- стов и террористов-возвращенцев, в частности, путем разработки и реализации стратегий реабилитации и реинтеграции после уголовного преследования.

6.4.5 Противодействие использованию Интернета в террористических целях

София, 2004 г. (Решение № 3/04 Борьба с использованием Интернета в террористических целях)

Совет министров,

(…) обеспокоенный масштабами использования Интернета террористическими органи- зациями: • для выявления и вербовки потенциальных членов, • для сбора и перевода средств, • для организации террористических актов, • для подстрекательства к террористическим актам, в частности посредством использо- вания пропаганды,

постановляет, что государства-участники будут обмениваться информацией об использо- вании Интернета в террористических целях и определять возможные стратегии борьбы с этой угрозой (…)

Брюссель, 2006 г. (Решение № 7/06 Противодействие использованию Интернета в террористических целях)

Совет министров, (…)

будучи по-прежнему серьезно обеспокоен ростом использования Интернета в террори- стических целях (…)

вновь подтверждая в данном контексте важность всестороннего уважения права на сво- боду мнений и свободу выражения, включая свободу искать, получать и распространять информацию, которые жизненно важны для демократии и фактически укрепляются Интер- нетом (…) и верховенство закона,

отмечая, что в резолюции 1624 (2005) Совета Безопасности Организации Объединенных Наций содержится призыв к государствам принимать меры, которые необходимы и уместны, и в соответствии с их обязательствами по международному праву законодательно запре- тить подстрекательство к совершению террористического акта или актов и предотвращать такое поведение,

вновь подтверждая наши обязательства в соответствии с Глобальной контртеррористической стратегией Организации Объединенных Наций, в частности осуществлять «координацию

428 6.4.5 Противодействие использованию Интернета в террористических целях

усилий, предпринимаемых на международном и региональном уровнях в целях борьбы с терроризмом во всех его формах и проявлениях в сети Интернет» и «использование сети Интернет в качестве инструмента борьбы с распространением терроризма, признавая при этом, что государствам может потребоваться помощь в этих вопросах», (…)

напоминая о Конвенции Совета Европы по киберпреступности (2001), единственном юри- дически обязательном многостороннем инструменте, посвященном специально кибер- преступности, в частности обеспечивающем общеправовую основу для международного сотрудничества между государствами-участниками этой Конвенции в борьбе с киберпре- ступностью, и ее Дополнительном протоколе, касающемся криминализации актов расизма и ксенофобии, совершаемых с помощью компьютерных систем,

отмечая обязательство, принятое на Саммите «восьмерки» (Санкт-Петербург, Российская Федерация, 16 июля 2006 года) об эффективном противодействии попыткам неправомер- ного использования киберпространства для целей терроризма, включая подстрекательство к совершению террористических актов, сообщение о террористических актах и планиро- вание террористических актов, а также вербовка и обучение террористов, и, в частности, отмечая роль компьютерной сети по борьбе с преступностью стран «восьмерки» в формате 24/7 для противодействия антиобщественному поведению в киберпространстве, (…)

принимая во внимание различные подходы стран к определению «незаконного» и «проти- воправного» содержания и различные методы борьбы с размещением в киберпространстве незаконного и противоправного содержания, такие как возможное использование собран- ных с помощью Интернета оперативных данных и содержания и закрытие веб-сайтов тер- рористических организаций и их сторонников,

будучи обеспокоен продолжающимися атаками хакеров, которые, хотя и не будучи связан- ными с терроризмом, все-таки демонстрируют наличие экспертных знаний в этой области, и тем самым, обеспечивают возможность террористических кибератак на компьютерные системы, влияющих на функционирование важнейших инфраструктур, финансовых учреж- дений или других жизненно важных сетей,

1. Постановляет активизировать деятельность ОБСЕ и ее государств-участников, глав- ным образом путем укрепления международного сотрудничества в деле противодействия использованию Интернета для террористических целей;

2. Призывает государства-участники рассмотреть возможность принятия всех соответ- ствующих мер по защите важнейших информационных структур и ключевых сетей от угрозы кибернападения;

3. Призывает государства-участники рассмотреть возможность присоединения к суще- ствующим международным и региональным правовым документам, включая конвенции Совета Европы о киберпреступности (2001) и предупреждении терроризма (2005) и выпол- нить их обязательные положения; 6 4. Рекомендует государствам-участникам присоединиться к компьютерной сети стран «вось- мерки» по борьбе с преступностью в формате 24/7 и назначить соответствующий орган/кон- тактное лицо для связи с этой сетью в целях содействия международному сотрудничеству

429 6.4.5 Противодействие использованию Интернета в террористических целях

в правоохранительной области для борьбы с неправомерным использованием киберпро- странства и в рамках уголовных дел, сопряженных с использованием электронных дока- зательств при необходимости;

5. Призывает государства-участники, при получении просьбы о принятии мер в отношении содержания, которое является противоправным по смыслу их внутреннего законодатель- ства и размещение которого регламентируется в рамках их юрисдикции, принять все соот- ветствующие меры для противодействия такому содержанию и обеспечить сотрудничество с другими заинтересованными государствами, в соответствии с их внутренним законода- тельством и концепцией верховенства закона, а также согласно их международным обяза- тельствам, в том числе международным нормам в области прав человека;

6. Предлагает государствам-участникам расширять их мониторинг веб-сайтов террористи- ческих/экстремистских организаций, исповедующих насилие, и их сторонников, а также активизировать обмен информацией в рамках ОБСЕ и других соответствующих форумов по вопросу использования Интернета для террористических целей и мер, принимаемых для противодействия этому использованию, в соответствии с внутренним законодатель- ством, обеспечивая в то же время соблюдение международных обязательств и норм в обла- сти прав человека, в том числе касающихся прав на неприкосновенность частной жизни, свободу мнений и свободу выражения, и верховенство закона. Следует избегать дублиро- вания с деятельностью, осуществляемой в рамках других международных форумов;

7. Рекомендует государствам-участникам изучить возможность более активного вовлечения институтов гражданского общества и частного сектора в деятельность по предупреждению и противодействию использованию Интернета для террористических целей; (…)

9. Поручить Генеральному секретарю организовать, главным образом через Сеть ОБСЕ по борьбе с терроризмом, обмен информацией об угрозе, обусловленной использованием Интернета для террористических целей, включая подстрекательство, вербовку, сбор средств, подготовку, выбор целей и планирование террористических актов, и информацией о зако- нодательных и иных мерах, принимаемых с целью противодействия этой угрозе.

14. Будучи по-прежнему серьезно обеспокоены использованием Интернета в террористи- ческих целях, государства – участники ОБСЕ продолжат обмениваться информацией об этой угрозе и принимать иные меры в соответствии с Решением Совета министров № 7/06 о противодействии использованию Интернета в террористических целях; (…)

10. Наращивать международное сотрудничество и государственно-частное партнерство в разработке практических мер по противодействию использованию Интернета и других

430 6.5 Противодействие рискам, связанным с неправомерным использованием информационно-коммуникационных технологий

средств для целей подстрекательства к насильственному экстремизму и радикализации, ведущим к терроризму, и для вербовки иностранных боевиков-террористов. Подобное международное сотрудничество и государственно- частное партнерство могли бы спо- собствовать просветительской деятельности по противодействию обмену идеями насиль- ственного экстремизма, в том числе через социальные СМИ, при полном уважении права на свободу убеждений и их выражения;

6.5 Противодействие рискам, связанным с неправомерным использованием информационно-коммуникационных технологий (ИКТ)

Гамбург, 2016 г. (Решение № 5/16 Усилия ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационных и коммуникационных технологий) (…)

Совет министров (…),

вновь подтверждая, что усилия государств – участников ОБСЕ по сокращению

рисков возникновения конфликтов в результате использования информационных и комму- никационных технологий будут соответствовать: нормам международного права, включая, среди прочего, Устав ООН и Международный пакт о гражданских и политических правах; положениям хельсинкского Заключительного акта; а также их обязательствам, касающимся уважения прав человека и основных свобод, (…)

9. Приветствует проделанную Председательством ОБСЕ 2016 года (Германия) работу, наце- ленную на определение путей повышения эффективности усилий ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационных и ком- муникационных технологий и их активизации в интересах формирования открытых, без- опасных, стабильных, доступных и мирных условий для использования информационных и коммуникационных технологий в русле соответствующих принятых в ОБСЕ обязательств; (…)

10. Подчеркивает, что дальнейшая деятельность ОБСЕ по сокращению рисков возникно- вения конфликтов в результате использования информационных и коммуникационных технологий, включая деятельность соответствующих исполнительных структур ОБСЕ, должна вестись в развитие нынешних усилий Организации, осуществляться в русле соот- ветствующих мандатов и принятых в ОБСЕ обязательств, дополнять усилия Организации Объединенных Наций, международных и прочих региональных форумов и не требовать ресурсов сверх имеющихся;

431 6.5 Противодействие рискам, связанным с неправомерным использованием информационно-коммуникационных технологий

Вена, 2017 г. (Решение № 5/17 Наращивание усилий ОБСЕ по сокращению рисков возникновения конфликтов в результате использования информационно- коммуникационных технологий)

Совет министров (…),

отмечая огромные возможности, предоставляемые информационно-

коммуникационными технологиями для социально-экономического развития, а также их всё возрастающую важность для международного сообщества,

признавая, что открытые, безопасные, стабильные, доступные и мирные условия для исполь- зования информационно-коммуникационных технологий служат на благо государств – участников ОБСЕ,

вновь подтверждая, что усилия государств – участников ОБСЕ по сокращению рисков воз- никновения конфликтов в результате использования информационно- коммуникационных технологий будут соответствовать: нормам международного права, включая, среди прочего, Устав ООН и Международный пакт о гражданских и политических правах; положениям хельсинкского Заключительного акта; а также их обязательствам, касающимся уважения прав человека и основных свобод,

выражая озабоченность в связи с увеличением числа серьезных инцидентов, связанных со злонамеренным использованием информационно-коммуникационных технологий, и под- черкивая, что эти негативные тенденции несут в себе риски для безопасности всех госу- дарств – участников ОБСЕ и их граждан, а также безопасности государственного и частного секторов, (…)

признавая необходимость дальнейшего наращивания усилий ОБСЕ по продолжению укре- пления доверия и сокращению рисков возникновения конфликтов в результате использо- вания информационно-коммуникационных технологий,

постановляет:

1. Продолжить выполнение всех решений о мерах укрепления доверия, принятых ОБСЕ с целью сокращения рисков возникновения конфликтов в результате использования информационно-коммуникационных технологий, чтобы способствовать формированию открытых, безопасных, стабильных, доступных и мирных условий для использования информационно-коммуникационных технологий в русле принятых в ОБСЕ обязательств;

2. Наметить пути укрепления и оптимизации деятельности ОБСЕ в качестве практической платформы для сокращения рисков возникновения конфликтов в результате использова- ния информационно-коммуникационных технологий при одновременном продолжении работы межизмеренческой неофициальной рабочей группы, учрежденной согласно Реше- нию № 1039 Постоянного совета;

3. Побуждать исполнительные структуры ОБСЕ, действуя в пределах своих мандатов и имеющихся ресурсов, оказывать государствам-участникам по их просьбе содействие в осуществлении принятых в ОБСЕ мер укрепления доверия с целью сокращения рисков

432 6.5 Противодействие рискам, связанным с неправомерным использованием информационно-коммуникационных технологий

возникновения конфликтов в результате использования информационно-коммуникаци- онных технологий и укреплять соответствующие национальные потенциалы и процедуры;

4. Предложить партнерам ОБСЕ по сотрудничеству активизировать диалог на тему об усилиях по сокращению рисков возникновения конфликтов в результате использования информационно-коммуникационных технологий.

Милан, 2018 г. (Решение № 4/18 Недопущение и пресечение насилия в отношении женщин) (…)

призывает государства-участники: (…)

433 7. Обязательства, относящиеся к международному гуманитарному праву 7. Обязательства, относящиеся к международному гуманитарному праву 7. Обязательства, относящиеся к международному гуманитарному праву

Хельсинки, 1992 г. (Решения: VI. Человеческое измерение)

Государства-участники

(47) Напоминают, что международное гуманитарное право основывается на неотъемлемом достоинстве человеческой личности.

(48) Будут при любых обстоятельствах уважать и обеспечивать уважение международного гуманитарного права, включая защиту гражданского населения.

(49) Напоминают, что те, кто нарушает международное гуманитарное право несут за свои действия личную ответственность.

(50) Признают существенно важную роль Международного Комитета Красного Креста в содействии осуществлению и развитию международного гуманитарного права, включая Женевские конвенции и их соответствующие Протоколы.

(51) Вновь подтверждают свое обязательство оказывать всемерную поддержку Междуна- родному Комитету Красного Креста, а также Обществам Красного Креста и Красного Полу- месяца и организациям системы Организации Объединенных наций, особенно в периоды вооруженных конфликтов, уважать их защитные эмблемы, предотвращать злоупотребление этими эмблемами и, когда это необходимо, прилагать все усилия для обеспечения доступа в соответствующие районы.

(52) Заявляют о приверженности выполнению своего обязательства вести просветитель- скую деятельность и распространять информацию в отношении своих обязательств в рам- ках международного гуманитарного права.

Стокгольм, 1992 г. (Решения: 2. СБСЕ как система общих ценностей)

Рим, 1993 г. (Решения: X. Декларация об агрессивном национализме, расизме, шовинизме, ксенофобии и антисемитизме)

435 7 7. Обязательства, относящиеся к международному гуманитарному праву

Будапешт, 1994 г. (Решения: IV. Кодекс поведения, касающийся военно-политических аспектов безопасности)

29. Государства-участники будут широко распространять в своих странах документы меж- дународного гуманитарного права, касающегося военных действий. Они в соответствии со своей национальной практикой будут отражать свои обязательства в этой области в своих военных учебных программах и правилах.

30. Каждое государство-участник будет обеспечивать, чтобы личный состав его воору- женных сил был ознакомлен с положениями международного гуманитарного права, меж- дународными гуманитарными правилами, нормами и обязательствами, касающимися вооруженных конфликтов, а также осведомлен о том, что он несет индивидуальную ответ- ственность согласно национальному законодательству и международному праву за свои действия.

31. Государства-участники будут обеспечивать, чтобы личный состав вооруженных сил, наделенный командными полномочиями, осуществлял их согласно соответствующему национальному законодательству и международному праву, а также чтобы он был осведом- лен о том, что в соответствии с этими правовыми нормами он может привлекаться к инди- видуальной ответственности за противозаконное осуществление таких полномочий и что приказы, противоречащие национальному законодательству и международному праву, отдаваться не должны. Ответственность вышестоящих лиц ни в коей мере не освобождает подчиненных от их собственной индивидуальной ответственности. (…)

34. Каждое государство-участник будет обеспечивать, чтобы в условиях как мирного, так и военного времени руководство, укомплектование личным составом, подготовка и осна- щение его вооруженных сил отвечали положениям международного права и его соответ- ствующим правовым и иным обязательствам, касающимся использования вооруженных сил в ходе вооруженного конфликта, включая, когда это применимо, Гаагские конвенции 1907 и 1954 годов, Женевские конвенции 1949 года и дополнительные протоколы 1977 года к ним, а также Конвенцию 1980 года о применении некоторых видов обычного оружия.

35. Каждое государство участник будет обеспечивать, чтобы его политика и доктрина в области обороны не противоречили международно правовым нормам, касающимся использования вооруженных сил, в том числе в ходе вооруженного конфликта, а также соответствующим обязательствам, содержащимся в настоящем Кодексе.

Будапешт, 1994 г. (Решения: VIII. Человеческое измерение)

33. Государства участники выражают глубокое сожаление в связи с рядом грубых наруше- ний международного гуманитарного права, имевших место в регионе СБСЕ в последние годы, и вновь подтверждают свое обязательство уважать и обеспечивать уважение общего гуманитарного права и, в частности, своих обязательств по соответствующим междуна- родно правовым документам, включая Женевские конвенции 1949 года и дополнительные протоколы к ним, участниками которых они являются.

34. Они подчеркивают потенциальное значение декларации о минимальных гуманитарных нормах, применимых во всех ситуациях, и заявляют о своей готовности принять активное участие в ее выработке в рамках ООН. Они обязуются обеспечивать надлежащее информи- рование и подготовку личного состава своих военных служб в том, что касается положений

436 7. Обязательства, относящиеся к международному гуманитарному праву

международного гуманитарного права, и считают, что информация на этот счет должна быть доступной для ознакомления.

35. Они высоко ценят развивающееся сотрудничество между СБСЕ и Международным Комитетом Красного Креста (МККК), в том числе с участием миссий СБСЕ, приветствуют готовность МККК к развитию этого сотрудничества и обязуются и впредь оказывать МККК поддержку, в частности, путем укрепления контактов, уже установленных между мисси- ями СБСЕ и делегациями МККК, работающими на местах.

Стамбул, 1999 г. (Хартия европейской безопасности: III. Наш общий ответ)

22. Мы отвергаем любую политику этнических чисток или массового изгнания (…) С целью усиления защиты гражданских лиц во время конфликта мы будем вести поиск путей более активного применения международного гуманитарного права.

София, 2004 г. (Декларация министров о шестидесятой годовщине окончания второй мировой войны)

(…) Мы осуждаем все формы этнической чистки. Мы подтверждаем свою приверженность принятой 9 декабря 1948 года Конвенции ООН о предупреждении преступления геноцида и наказании за него. Мы призываем государства-участники предпринять все возможные действия для недопущения попыток совершения геноцида, как в наши дни, так и в буду- щем. Виновные в подобных преступлениях должны привлекаться к ответственности.

София, 2004 г. (Приложение к Решению № 14/04, План действий ОБСЕ 2004 года по поддержке гендерного равенства) • поддерживать национальные и международные усилия по привлечению к ответственно- сти лиц, совершивших против женщин преступления, которые в соответствии с приме- нимыми нормами международного права квалифицируются как военные преступления или преступления против человечности (…)

Хельсинки, 2008 г. (Декларация встречи министров о 60-й годовщине Конвенции о предупреждении преступления геноцида и наказании за него

Мы, члены Совета министров ОБСЕ, отмечаем 60-ю годовщину Конвенции о предупреж- дении преступления геноцида и наказании за него, принятой Генеральной Ассамблеей Организации Объединенных Наций 9 декабря 1948 года (далее именуемой «Конвенция»). (…)

Мы вновь подтверждаем значение Конвенции как важного международного инструмента предупреждения преступления геноцида и наказания за него.

Мы призываем государства-участники, которые еще не сделали этого, рассмотреть вопрос о том, чтобы как можно скорее стать сторонами Конвенции и частью этого глобального механизма по предупреждению преступления геноцида и наказанию за него. Мы далее при- зываем государства-участники расширять и активизировать свою деятельность, направ- ленную на полное выполнение своих обязательств по Конвенции.

437 7 7. Обязательства, относящиеся к международному гуманитарному праву

Мы отмечаем, что, принимая Конвенцию, Организация Объединенных Наций признала, что преступление геноцида является отвратительным злодеянием, которое принесло большие потери человечеству, и была убеждена, что для содействия скорейшему предупреждению преступления геноцида и наказанию за него необходимо международное сотрудничество.

Мы признаем, что геноцид является одним из наиболее серьезных преступлений по меж- дународному праву, которое осуждается всем международным сообществом и никогда не может быть оправдано.

438 Указатель

А верховенство закона XI, XIV, XV, XVI, XIX, XX, XXI, 3, 4, 5, 7, 19, 30, 36, 55, 100, 108, авторское право — см. интеллектуальная 112, 113, 115, 124, 163, 256, 257, 388, 405, собственность 408, 413, 414, 418, 420, 422, 427 антисемитизм XX, 13, 55, 58, 63, 202, 280, Верховный комиссар по делам националь- 290, 291, 292, 299, 303, 307, 314, 315 — ных меньшинств — см. национальные также см. толерантность и недискри- меньшинства минация внутренние перемещенные лица — см. перемещенные лица; миграция Б военная служба, освобождение от про- БДИПЧ, Бюро по демократическим инсти- хождения — см. aaaa тутам и правам человека IX, X, XVIII, возвращающиеся лица — см. миграция XIX, XX, 10, 37, 42, 44, 49, 52, 53, 55, 56, 57, 59, 62, 63, 79, 96, 98, 147, 214, 219, 220, 227, воссоединение семьи 175, 184, 237, 241, 250 289, 290, 291, 300, 302, 303, 314, 324 Всеобщая декларация прав человека 12, беженцы 36, 80, 95, 137, 140, 141, 161, 348 общее 240 — также см. миграция всеобщность прав человека 3, 9, 12, 29 безгражданство, лица без гражданства — выбор места жительства, свобода — см. гражданство см. свобода передвижения беспристрастность — см. независимость выборы судебной системы обучение избирателей 57, 224 борьба с коррупцией — см. коррупция общее XI, XIX, 47, 96, 99 борьба с сексуальной эксплуатацией детей выполнение обязательств — см. обязан- в Интернете 253 ность выполнять обязательства борьба с терроризмом — см. терроризм высшая мера наказания — см. смерт- ная казнь (включает ссылки на высшую борьба с торговлей людьми — см. тор- меру наказания и право на жизнь) говля людьми Бюро по свободным выборам XIX — также см. БДИПЧ, Бюро по демократи- Г ческим институтам и правам человека гендер, гендерные проблемы защита от всех форм насилия 324, 325, 326, 377 В равноправие/равенство возможностей Венский механизм XIX, 18 мужчин и женщин 265 сексуальная эксплуатация — см. тор- говля людьми

439 Указатель

систематический учет гендерной про- Е блематики XX, 267 Европейский союз, сотрудничество с 52, геноцид 62, 220, 332, 335 Конвенция о предупреждении пре- ступления геноцида и наказании за него 437 Ж гражданские и политические права женщины, права — см. гендер, гендерные Международный пакт о гражданских проблемы и политических правах XVII, XVIII, жизнь, право на — см. смертная казнь 13, 431 (включает ссылки на высшую меру общее 136 наказания и право на жизнь) гражданское общество XII, XX, 36, 62, 100 жилье — см. экономические и социаль- — также см. НПО/неправительствен- ные права ные организации; правозащитники журналисты — см. свобода выражения гражданство 184 — также см. безграж- мнения, доступа к информации и сво- данство, лица без гражданства бодные СМИ; условия работы гуманитарное право — см. международ- ное гуманитарное право З забастовка, право на — см. объединение, Д свобода демократия — см. выборы задержание, произвольное — см. произ- демократические институты XVII, XIX, вольный арест 4, 5, 100, 387 общее IX, X, XVI, 3 занятость — см. экономические и соци- политический плюрализм 93 альные права

демонстрация, право на — см. собрание, защита данных 423 свобода здоровье — см. экономические и социаль- дети ные права образование — см. рома и синти общее 147, 250 И сексуальная эксплуатация 353, 366 торговля 331, 337, 339, 353, 368, 373 имущественные права 184 — также Факультативный протокол к Конвенции см. интеллектуальная собственность о правах ребенка, касающийся тор- институты по правам человека — говли детьми, детской проституции см. омбудсмен и национальные инсти- и детской порнографии 331 туты по правам человека дискриминация — см. толерантность Интернет и недискриминация; рома и синти; ген- борьба с использованием Интернета дер, гендерные проблемы в террористических целях 414, 428 доступ к информации, свобода — см. сво- и преступления на почве ненависти 290 бода выражения мнения, доступа содействие толерантности и свободе к информации и свободные СМИ СМИ посредством Интернета 79, 296, 316

440 Указатель

исламофобия — см. мусульмане, нетерпи- международное гуманитарное право мость по отношению к; толерантность Женевские конвенции 1949 года и недискриминация и дополнительные протоколы к ним 145 исправление ситуации, эффективные общее 146, 292, 408, 413, 422 средства — см. эффективные средства правовой защиты, право на международное законодательство, обяза- тельства согласно — см. обязательства согласно международному законода- К тельству Кодекс поведения, касающийся воен- меньшинства — см. национальные мень- но-политических аспектов безопасно- шинства сти 105, 128, 154, 258, 391, 424, 436 механизмы человеческого измерения компенсация, право на 147 — также см. Венский механизм XIX конвенции и протоколы Организации другие механизмы 26 Объединенных Наций — см. relevant Контртеррористическая сеть 24 subject entries Московский механизм XIX, 19 общее 17 Контактный пункт по вопросам рома и синти — см. рома и синти миграция IX, XIV, 220, 240, 247, 273, 289, 350 — также см. убежище, право контакты между людьми 175, 184, 210, 237, искать; ищущие убежища; переме- 241, 250 щенные лица; свобода передвижения; контртерроризм — см. борьба с террориз- беженцы мом многообразие культур — см. толерант- коррупция ность и недискриминация Международный пакт об экономиче- молодежь, молодые люди 54, 112, 194, 223, ских, социальных и культурных пра- 227, 255, 256, 258, 276, 417, 418, 420, 421, вах 112, 113, 114 424 общее 108, 109, 111, 115, 127, 257, 274, 406 Московский механизм — см. механизмы ксенофобия 245, 248, 289, 296, 300, 315, человеческого измерения 421, 435 — также см. толерантность и недискриминация мусульмане, нетерпимость по отноше- нию к 292 — также см. толерантность культурные права/культурное наследие и недискриминация интеллектуальная и культурная жизнь 102 мысль, свобода — см. свобода мысли, общее IX, 174, 303, 397 совести, религии или убеждений

М Н массовая депортация — см. толерантность наказание и недискриминация смертный приговор — см. смертная казнь (включает ссылки на высшую медицинская практика, произвольная 131 меру наказания и право на жизнь) — также см. пытки и жестокое, бесче- унижающее достоинство — см. пытки ловечное или унижающее достоинство и жестокое, бесчеловечное или уни- обращение или наказание жающее достоинство обращение или наказание население, коренное 236

441 Указатель

насилие объединение, свобода 102, 159, 202, 213 в отношении женщин IX, 274, 324, 325, обязанности государства — см. обязан- 326, 337, 377, 378, 433 ность выполнять обязательства в отношении меньшинств — см. толе- рантность и недискриминация обязанность выполнять обязательства — см. положения об отступлениях наследие, культурное — см. культурные права/культурное наследие ограничения прав человека, законные — см. положения об отступлениях национализм, агрессивный 280, 307 — также см. толерантность и недискри- ограниченные возможности, лица с 194, минация 276 национальные меньшинства XX, 55, 68, 73 омбудсмен и национальные институты по общее XI, 4, 198 правам человека 146, 326 недискриминация — см. толерантность Организация Объединенных Наций, и недискриминация сотрудничество с 9, 30, 146, 332, 335, 413, 422 неприменимость принципа невмешатель- ства XVII, 7 организованная преступность 333, 348, 365, 387, 388, 398 НПО/неправительственные органи- зации 17, 27, 31, 107, 202 — также отказ от прохождения военной службы см. гражданское общество по политическим или религиозно-эти- ческим соображениям — см. свобода мысли, совести, религии или убеждений О отмена смертной казни — см. смертная образование казнь доступ к образованию 273 образовательная деятельность по пра- вам человека 11, 13, 46, 60, 291 П общее 12, 188, 206, 223, 256, 420 Парламентская ассамблея ОБСЕ 30 относящаяся к толерантности и недискриминации 63, 291, 422 — передвижение, свобода — см. свобода также см. толерантность и недискри- передвижения минация перемещенные лица — см. убежище, относящаяся к торговле людьми 349 — право искать; ищущие убежища; пере- также см. торговля людьми мещенные лица; миграция; беженцы право на образование 193 общее 175, 184, 237 религиозное образование — см. свобода мысли, совести, религии или убежде- политические партии 102, 103, 271 — ний также см. объединение, свобода образовательная деятельность по правам политический плюрализм — см. демокра- человека — см. образование тия обращение, унижающее достоинство — положения об отступлениях 85, 87 см. пытки и жестокое, бесчеловечное права, данные от рождения, права чело- или унижающее достоинство обраще- века как IX ние или наказание права трудящихся 189 общение, право на — см. свобода выра- жения мнения, доступа к информации правозащитники 31 и свободные СМИ

442 Указатель

право на жизнь — см. смертная казнь Специальный докладчик ООН по про- (включает ссылки на высшую меру блеме пыток и другого жестокого наказания и право на жизнь) бесчеловечного или унижающего достоинство обращения или наказа- Представитель по вопросам свободы ния 140 средств массовой информации — см. свобода выражения мнения, доступа к информации и свободные СМИ Р презумпция невиновности — см. справед- рабство 333, 348 ливое судебное разбирательство, право на равноправие мужчин и женщин — см. гендер, гендерные проблемы преследование — см. толерантность и недискриминация равноправие наций — см. самоопределе- ние преступления на почве ненависти XV, XX, 62, 289, 314 — также см. толерантность радикализация — см. терроризм и недискриминация разделение властей — см. демократия привлечение к военной службе в при- расизм — см. толерантность и недискри- нудительном порядке — см. воинская минация повинность; также см. воинская повин- ность религиозное образование — см. образо- вание принудительный труд 189 — также см. торговля людьми рома и синти общее XX, 56, 214, 221, 227, 230 принцип невмешательства — см. неприме- План действий по улучшению положе- нимость принципа невмешательства ния рома и синти в регионе ОБСЕ 50, проституция — см. гендер, гендерные 54, 56, 61, 62, 74, 79, 215, 218, 220, 221, проблемы; дети 222, 223, 224, 226, 227, 228, 230, 231, 232, 233, 236, 294 профсоюзы 102, 189 — также см. объеди- нение, свобода С психиатрическая или другая медицинская практика, произвольная — см. пытки самоопределение, право на 90 и жестокое, бесчеловечное или унижа- свобода выражения мнения, доступа ющее достоинство обращение или нака- к информации и свободные СМИ 55, зание 161 пытки и жестокое, бесчеловечное или свобода доступа к информации — унижающее достоинство обращение см. доступ к информации, свобода или наказание Европейская конвенция по предупреж- свобода мысли, совести, религии или дению пыток и бесчеловечного или убеждений унижающего достоинство обращения общее XIV, 158, 292, 417 или наказания 139 религиозное образование — см. обра- Комитет ООН против пыток 138, 146 зование Конвенция против пыток и других свобода объединения — см. объединение, жестоких, бесчеловечных или унижа- свобода ющих достоинство видов обращения и наказания 131, 138, 139, 140 свобода передвижения — см. миграция общее 137, 140, 142, 261, 330 свобода религии — см. свобода мысли, совести, религии или убеждений

443 Указатель

свобода слова — см. свобода слова/СМИ Т свобода слова/СМИ творчество — см. культурные права/куль- журналисты — см. условия работы турное наследие право знать свои права и действовать в соответствии с ними XIII территориальный экспансионизм — Представитель по вопросам свободы см. толерантность и недискриминация средств массовой информации 55, 76, терроризм XX, 67, 68, 109, 111, 113, 127, 255, 79, 169 261, 398, 412 свобода СМИ — см. свобода слова/СМИ Антитеррористическое подразделение (АТП) ОБСЕ 24 свобода собрания — см. собрание, свобода Бухарестский план действий по борьбе свобода художественного творчества с терроризмом 67, 78, 239, 279, 307, — см. культурные права/культурное 392, 412, 416, 425 наследие Контртеррористическая сеть 24 насильственный экстремизм и радика- свободные потоки информации — см. сво- лизация, ведущая к 31, 256, 289, 292, бода выражения мнения, доступа 318, 408, 409, 418, 419, 420, 421, 422, к информации и свободные СМИ 424, 431 свободные СМИ — см. свобода слова/ Хартия ОБСЕ о предупреждении тер- СМИ роризма и борьбе с ним 307, 315, 396, 413, 417, 425 сексуальная эксплуатация — см. дети; ген- дер, гендерные проблемы толерантность и недискриминация общее XI, 57, 256, 292, 417 семейная жизнь, уважение 184 торговля людьми синти и рома — см. рома и синти Механизмы перенаправления жертв слово, свобода — см. свобода выражения торговли людьми на национальном мнения, доступа к информации и сво- уровне 370 бодные СМИ общее XV, 64, 81, 83, 114, 273, 331, 379 План действий ОБСЕ по борьбе с тор- собрание, свобода 159 говлей людьми 50, 65, 335, 350, 357, совесть, свобода — см. свобода мысли, 369 совести, религии или убеждений Протокол ООН о предупреждении и пресечении торговли людьми, осо- Совет Европы, сотрудничество с XX, 53, бенно женщинами и детьми, и нака- 62, 220, 335 зании за нее 331 социальная справедливость — см. эконо- Специальный представитель по борьбе мические и социальные права с торговлей людьми 81 социальное обеспечение — см. экономиче- тюрьма ские и социальные права обращение с заключенными, права заключенных — см. пытки и жесто- социальные права — см. экономические кое, бесчеловечное или унижающее и социальные права достоинство обращение или наказа- средства правовой защиты, эффективные ние — см. эффективные средства правовой защиты, право на У судебная система — см. независимость убеждения, свобода — см. свобода мысли, судебной системы совести, религии или убеждений

444 Указатель

уголовный процесс — см. справедливое Э судебное разбирательство, право на экономические и социальные права условия работы жилье 224 журналистов 164 занятость 194, 217, 256, 272, 336 Устав ООН 5, 6, 10, 11, 422 здоровье 56, 224 общее 187 социальная справедливость 4 Х экспансионизм, территориальный — Холокост 63, 292, 314, 315 см. территориальный экспансионизм экстремизм 4, 31, 193, 255, 261, 318, Ц 409, 430 — также см. толерантность и недискриминация цыгане — см. рома и синти этнические чистки — см. толерантность и недискриминация Ч эффективные средства правовой защиты, частная жизнь, уважение 184 право на 216, 224, 235, 348 чрезвычайное положение 87 — также см. чрезвычайное положение; положе- Ю ния об отступлениях юристы, независимость — см. независи- мость судебной системы

445

OSCE Compromisos de la Dimensión Humana Volumen 1 Recopilación temática

4ª edición OSCE Compromisos de la Dimensión Humana Volumen 1 Recopilación temática

4ª edición

La OSCE/OIDDH agradece el apoyo financiero prestado por la República Federal de Alemania para fines de esta publicación. OSCE Compromisos de la Dimensión Humana, Volumen 1, Recopilación temática. 4ª edición

Publicado por la Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH) Ul. Miodowa 10 00-251 Varsovia, Polonia www.osce.org/odihr

Todos los derechos reservados. Los contenidos de esta publicación pueden ser utilizados y copiados libremente para fines educativos y otros fines no comerciales, siempre y cuando dicha reproducción esté acompañada de un reconocimiento de la OSCE/OIDDH como fuente original.

ISBN 978-92-9271-170-2

Diseñado por Homework

Impreso en Polonia por Centrum Poligrafii Contenidos

Prólogo de la cuarta edición IX Preámbulo – Cómo utilizar esta recopilación XI La dimensión humana de la OSCE: Introducción XIII Documentos de la OSCE que aparecen en la presente recopilación XXI

Disposiciones Generales relativas a la Dimensión Humana 1

1. Introducción a la dimensión humana 2 1.1 La naturaleza e importancia de la dimensión humana 3 1.2 La dimensión humana como asunto de preocupación directa y legítima de alcance internacional 6

2. Aplicación de los compromisos 8 2.1 La obligación de aplicar 9 2.2 Métodos de aplicación 11 2.2.1 Disposiciones generales, incluida la educación en derechos humanos 11 2.2.2 Métodos de aplicación 14 2.2.3 Observación 16 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes 17 A. Mecanismo de Viena 17 B. Mecanismo de Moscú 18 C. Red contra el terrorismo 23 D. Otros mecanismos 24 2.3 Socios para la aplicación 25 2.3.1 Gobiernos, órganos gubernamentales e instituciones 25 2.3.2 Gobiernos de terceros países y organizaciones internacionales 26 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales 30 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana 35 A. La Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH) 35 B. El Alto Comisionado de la OSCE para las Minorías Nacionales 64 C. El Representante de la OSCE para la Libertad de los Medios de Comunicación 71 D. La Secretaría, Representante Especial para la Lucha contra la Trata de Personas 75

3. Restricciones y derogaciones 78 3.1 Alcance y naturaleza de las restricciones legítimas 79 3.2 Derogaciones de las obligaciones durante un estado de emergencia pública 79

Compromisos Específicos de la Dimensión Humana 83

1. Compromisos relativos al derecho de los pueblos a la autodeterminación 84

2. Compromisos relativos a los componentes estructurales de una sociedad democrática 86 2.1 Disposiciones generales 87 2.2 Elecciones 90 2.3 Instituciones democráticas 94 2.3.1 Disposiciones generales 94 2.3.2 Gobierno descentralizado y estructuras y órganos especiales 97 2.3.3 Control civil democrático de las fuerzas militares, paramilitares y de seguridad interna, de los servicios de inteligencia y de la policía 98 2.3.4 Instituciones nacionales independientes de derechos humanos 99 2.3.5 Organizaciones no gubernamentales 100 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos 101 2.4 Estado de derecho 110 2.4.1 Disposiciones generales 110 2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia 115 2.4.3 Administración de justicia 119 A. Aplicación de la ley 119 B. Trato de las personas en situación de privación de libertad 122 2.4.4 Cumplimiento de las obligaciones internacionales 124

3. Compromisos relativos a los derechos humanos aplicables a todas las personas 126 3.1 Derechos civiles y políticos 127 3.1.1 Disposiciones generales 127 3.1.2 Derecho a la vida/abolición de la pena de muerte 127 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes 128 3.1.4 Protección frente al arresto y la detención arbitrarias 137 3.1.5 Derecho a un juicio justo 138 3.1.6 Derecho a medidas reparadoras eficaces 140 3.1.7 Objeción de conciencia y servicio alternativo 142 3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia 143 3.1.9 Libertad de asociación y derecho de reunión pacífica 147 3.1.10 Libertad de expresión, información y medios de comunicación libres 149 A. Disposiciones generales 149 B. Libertad de los medios de comunicación y condiciones de trabajo de los periodistas 151 C. Libertad de expresión cultural o artística 161 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar 162 3.1.12 Respeto por la vida privada y familiar 170 3.1.13 Derecho a la nacionalidad 170 3.1.14 Derecho a la propiedad privada e intelectual 171 3.2 Derechos económicos, sociales y culturales 171 3.2.1 Disposiciones generales 171 3.2.2 Derechos económicos y sociales 173 A. Disposiciones generales 173 B. Derechos de los trabajadores 174 3.2.3 Derechos culturales/patrimonio cultural 176 3.2.4 Derecho a la educación 179

4. Compromisos relativos a los derechos humanos centrados en grupos específicos 182 4.1 Minorías nacionales 183 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación 183 4.1.2 Participación efectiva en las vidas pública y política 189 4.1.3 Identidad cultural, lingüística y religiosa y educación 191 4.1.4 Contacto entre personas, libertad de los medios de comunicación y de la información 194 4.1.5 Papel de las organizaciones y asociaciones 196 4.1.6 Protección frente a los delitos de odio 197 4.2 Romaníes y sinti 198 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación 198 4.2.2 Participación efectiva en las vidas pública y política 204 4.2.3 Acceso a la educación 208 4.2.4 Cuestiones socioeconómicas 211 4.2.5 Racismo y discriminación 214 A. Lucha contra el racismo y los estereotipos 214 B. Protección frente a los delitos de odio 217 4.2.6 Situaciones de crisis y poscrisis 219 4.3 Poblaciones indígenas 220 4.4 Refugiados, personas desplazadas, retornados y apátridas 220 4.5 Trabajadores Migrantes 224 4.6 Personas con discapacidad 231 4.7 Niños 232 4.8 Personal de las fuerzas armadas 240 4.9 Personas detenidas o en prisión 241

5. Compromisos relativos a la igualdad, tolerancia y no discriminación 245 5.1 Cláusulas de igualdad y no discriminación 246 5.2 Igualdad de derechos entre hombres y mujeres 247 5.3 Lucha contra los actos motivados por los prejuicios, la intolerancia y el odio 258 5.3.1 Disposiciones generales 258 5.3.2 Instrumentos internacionales 273 5.3.3 Legislación y aplicación de leyes y políticas 273 5.3.4 Recolección de datos y seguimiento 278 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración 282 5.3.6 Papel de los medios de comunicación 293

6. Compromisos relativos a amenazas específicas que afecten a la seguridad humana 297 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género 298 (A) Marco jurídico 302 (B) Prevención 302 (C) Protección 303 (D) Enjuiciamiento 304 (E) Asociación 304 6.2 Prevención de la trata de seres humanos 308 6.2.1 Disposiciones generales sobre la prevención 308 6.2.2 Investigación, vigilancia y enjuiciamiento 331 6.2.3 Protección de las víctimas y prestación de asistencia 342 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional 352 6.4 Prevención del terrorismo 361 6.4.1 Condena y compromiso de lucha contra el terrorismo 361 6.4.2 Respeto de los derechos humanos y el estado de derecho en la lucha contra el terrorismo 382

6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes 385 6.4.4 Extradición y enjuiciamiento de personas implicadas en actos terroristas 394 6.4.5 Contra el empleo de internet al servicio del terrorismo 397 6.5 Hacer frente a los riesgos del uso indebido de las tecnologías de la información y la comunicación (TIC) 399

7. Compromisos relativos al derecho humanitario internacional 402

Index 406 Prólogo de la cuarta edición

Es un gran placer presentar esta cuarta edición de los Compromisos de la dimensión humana de la OSCE y reconocer los progresos logrados en tantas áreas, siendo plenamente consciente de los desafíos afrontados por la democracia y los derechos humanos a lo largo y ancho de los 57 Esta- dos que conforman la OSCE.

Con el paso de los años, esta publicación, la última recopilación actualizada de los compromisos de la OSCE sobre democracia y derechos humanos, ha pasado a convertirse en un recurso vital no solo para funcionarios gubernamentales o para el personal de la OSCE, sino también para la socie- dad civil y todos aquellos que trabajan para fortalecer los derechos humanos dentro y fuera de las fronteras de la región de la OSCE. Esta recopilación temática viene acompañada de un resumen cronológico que también puede hallarse en la página web de la Oficina de Instituciones Democrá- ticas y Derechos Humanos de la OSCE (OIDDH).

El Acta Final de Helsinki y los muchos documentos que vinieron después han dado pie a un con- junto de normas de gran alcance que constituyen la base de lo que la OSCE denomina la dimen- sión humana de la seguridad. En la Carta de París para una Nueva Europa de 1990, los Estados reconocieron formalmente que «Los derechos humanos y las libertades fundamentales son patri- monio de todos los seres humanos, son inalienables y están garantizados por la ley. Su protección y fomento es la primera responsabilidad de los gobiernos».

Los compromisos se desarrollaron y acordaron libremente por todos los Estados participantes de la OSCE, que contrajeron la obligación de cumplirlos sin fuerza o coacción algunas. Ratifican el concepto de seguridad integral de la OSCE, en el que la dimensión humana ostenta la misma importancia que la cooperación político-militar o la gobernanza económica y medioambiental.

Ha transcurrido más de una década desde que se publicase la última edición de los Compromi- sos de la dimensión humana. En este tiempo, nuestras sociedades y los vínculos que las unen han evolucionado y han surgido nuevos y diversos retos en el campo de los derechos humanos que han traído consigo tanto oportunidades como amenazas. Los Estados participantes de la OSCE aborda- ron varios de esos retos durante las reuniones anuales del Consejo ministerial, que, como siempre, se celebraron en las capitales de los países que ejercían la presidencia rotatoria anual de la OSCE: en Vilna, Dublín, Kiev, Basilea, Belgrado, Hamburgo, Viena, Milán y Tirana.

El lector podrá conocer tales aportaciones en las siguientes páginas. El hecho de que se hayan alcanzado nuevos compromisos en áreas tales como la migración, la trata de seres humanos, la lucha contra la violencia hacia las mujeres o el papel que los jóvenes pueden desempeñar a la hora de contribuir a una cultura de diálogo denotan que la totalidad de la región de la OSCE sigue teniendo conciencia de la necesidad de combatir los abusos más atroces de los derechos humanos y mejorar su protección.

IX Prólogo de la cuarta edición

Si bien las tecnologías han consolidado los derechos humanos y tendido puentes para salvar las divi- siones geográficas, dando pie a un compromiso democrático de cotas antes inimaginables, también observamos que el odio puede propagarse fácil y rápidamente a través de las plataformas digitales y que las herramientas desarrolladas para luchar contra la delincuencia o gestionar las fronteras pueden utilizarse indebidamente para coartar las libertades fundamentales, restringir los dere- chos humanos y, en ocasiones, silenciar las voces críticas. Al mismo tiempo, las tendencias migra- torias mundiales, el cambio climático, las pandemias y los conflictos armados están planteando una prueba de fuego a nuestras sociedades y al futuro de los principios democráticos basado en los derechos humanos. Por lo tanto, resulta cada vez más importante que el diálogo genuino conforme el núcleo central de nuestros esfuerzos en el trabajo hacia nuestro futuro común.

Tengo la esperanza de que esta cuarta edición de los compromisos pase a ser una herramienta valiosa para los líderes políticos, funcionarios, expertos, activistas y todos aquellos involucrados en lograr que los compromisos se traduzcan en hechos concretos. La OIDDH, como una de las instituciones líderes a escala global en materia de derechos humanos, continuará contribuyendo a los esfuerzos nacionales e internacionales por construir unas sociedades más democráticas, tole- rantes e inclusivas. Durante las últimas tres décadas, los directores de la OIDDH han trabajado para garantizar el futuro de la democracia y el respeto de los derechos humanos arraigados en los compromisos. Mi más sincero agradecimiento a todos los directores que han presidido la OIDDH por sus conocimientos y compromiso: Luchino Cortese (Italia, 1991–1994); Audrey Glover (Reino Unido, 1994–1997); Gerard Stoudmann (Suiza, 1997–2002); Christian Strohal (Austria, 2003–2008); Janez Lenarčič (Eslovenia, 2008–2014); Michael Georg Link (Alemania, 2014–2017); e Ingibjörg Sólrún Gísladóttir (Islandia, 2017–2020).

Por primera vez, la presente edición de los Compromisos de la dimensión humana será publicada en todos los idiomas oficiales de la OSCE, reconociendo, en primer lugar, que se debe difundir el conocimiento de estos compromisos pioneros para proteger los derechos de todas las personas tanto como sea posible y, en segundo lugar, en reconocimiento de que en la actualidad ningún Estado de la OSCE los aplica plenamente. Todos tenemos trabajo pendiente.

Matteo Mecacci Director Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH)

X Preámbulo – Cómo utilizar esta recopilación

Desde el Acta de Helsinki de 1975, los ahora 57 Estados participantes de la región de la OSCE han adoptado una considerable serie de compromisos políticamente vinculantes referentes a lo que se conoce como la dimensión humana del concepto de seguridad integral de la OSCE.

La selección de los compromisos contenidos en los volúmenes temáticos y cronológicos de la pre- sente publicación se basó en la definición del término de la dimensión humana tal y como se emplea hoy en día, es decir, abarcando todos los aspectos relativos a los derechos humanos y las libertades fundamentales; la democracia, incluidas las elecciones democráticas, la gobernanza e instituciones democráticas; la tolerancia y la no discriminación y el estado de derecho, incluidos aquellos en lo tocante a las minorías nacionales, los contactos entre personas y el derecho humanitario interna- cional*. Asimismo, la recopilación incluye las disposiciones relacionadas con los mecanismos de supervisión de la aplicación de tales compromisos, así como los mandatos básicos de las institu- ciones activas de la OSCE en el campo de la dimensión humana.

Los documentos empleados en esta publicación fueron suscritos o adoptados de otra manera por varios foros de alto nivel de la CSCE/OSCE. Si bien dichos documentos no tienen carácter de tra- tados jurídicamente vinculantes en virtud del derecho internacional, representan compromisos políticos, adoptados por consenso y vinculantes para todos los Estados participantes. Dado que son aprobados por consenso, se consideran, por así decirlo, de vigencia inmediata, de aplicación inme- diata y pueden ser invocados directamente por cualesquiera ciudadanos o gobiernos de la OSCE frente a cualquier gobierno de un Estado participante. Además, los compromisos de la OSCE con- solidan, más que duplican, las obligaciones estipuladas por el derecho y los convenios internacio- nales, dado que incluyen un compromiso para aplicarlos y hacerlo de buena fe.

Las disposiciones de la dimensión humana incluidas en la presente recopilación están recogidas por los documentos resultantes de las cumbres, las reuniones de continuidad, las conferencias sobre la dimensión humana y, en su caso, de las reuniones del consejo ministerial desde 1975. También están integrados los documentos elaborados en las reuniones de expertos pertinentes y que pos- teriormente fueron incorporados en el acervo de compromisos de la CSCE/OSCE en otros foros.

Aunque el objetivo de esta publicación es presentar una relación exhaustiva de la base normativa de la OSCE en el ámbito de la dimensión humana, no se ha pretendido incluir un inventario com- pleto de cada fragmento de frase que pudiera concebirse como un aspecto de la dimensión humana. Cabe destacar que, aunque esta recopilación se centra en la dimensión humana y, por ende, en los derechos humanos y la democracia, se recomienda leer y entender siempre los compromisos de la

* Esta definición también se refleja en el orden del día de la Reunión de Aplicación sobre cuestiones de la Dimen- sión Humana de la OSCE.

XI Preámbulo – Cómo utilizar esta recopilación

OSCE en el contexto de un concepto integral de seguridad, que también abarca cuestiones polí- tico-militares, económicas y medioambientales. El hecho de que un compromiso particular haya o no haya sido incluido en la presente recopilación no significa que no sea relevante. Por razones meramente prácticas, resulta necesario trazar una línea en algún punto concreto, ya que la inten- ción es la de proporcionar una guía de referencia sencilla de usar, más que una enciclopedia. Está ideada para ser utilizada tanto por funcionarios gubernamentales y organizaciones de la sociedad civil, como por la esfera académica, los estudiantes y los profesionales.

XII La dimensión humana de la OSCE: Introducción

En 2025, la Organización para la Seguridad y la Cooperación en Europa (OSCE) conmemorará el quincuagésimo aniversario de la firma del documento fundacional: el Acta Final de Helsinki. Desde 1975, la OSCE ha desarrollado una extensa serie de normas y estándares del ámbito de los derechos humanos que, por lo general, reflejan las normas y los conceptos de los derechos huma- nos tradicionales consagrados en otras declaraciones y otros tratados internacionales de derechos humanos. Sin embargo, con base en ellos, la OSCE también ha redactado un conjunto de normas significativamente innovadoras en lo tocante a su estilo y esencia.

La presente publicación pretende hacer más accesibles los compromisos de la OSCE a los ciuda- danos y funcionarios gubernamentales por igual, en armonía con una de las lecciones aprendidas más relevantes del proceso de Helsinki. Los derechos humanos tienen su origen en un elemento de empoderamiento o el «derecho a conocer sus derechos». Cuando se aprobó el Acta Final de Hel- sinki, los Estados participantes se comprometieron a que el documento fuera ampliamente acce- sible. Esto contribuyó a la creación de múltiples grupos importantes de derechos humanos, como los grupos de Helsinki y la Carta 77, que hallaron la base para su labor en el proceso de Helsinki y fomentaron el proceso de transformación de Europa Central y Oriental. Por lo tanto, el marco de los derechos humanos de la OSCE ha demostrado ser uno de los más efectivos de la historia y continúa desempeñando un importante papel hoy en día.

Se trata de un marco único, compuesto por un conjunto de documentos que, entre otras innova- ciones, hace de los derechos humanos una cuestión de interés legítimo entre los estados. Su base puede encontrarse en el Acta Final de Helsinki, aunque documentos posteriores como el Docu- mento de Copenhague de 1990, la Carta de París para una Nueva Europa de 1990 y el Documento de Moscú de 1991 han incorporado otros fundamentos significativos que son necesarios para enten- der la actual dimensión humana de la OSCE.

El propósito de esta introducción es orientar sobre cómo leer y utilizar estas normas y ofrecer una panorámica de algunos de los aspectos básicos de la dimensión humana de la OSCE*.

* La Conferencia sobre la Seguridad y la Cooperación en Europa (CSCE) pasó a denominarse Organización para la Seguridad y la Cooperación en Europa (OSCE) en 1994. A efectos prácticos, en este texto sólo se utilizará el término OSCE.

XIII La dimensión humana de la OSCE: Introducción

A. Los pilares fundamentales

1. Derechos humanos y el concepto de seguridad integral de la OSCE

La OSCE fue creada como una organización de seguridad. Sin embargo, no gestiona exclusiva- mente cuestiones de seguridad militar, fronteriza o de desarme. Se basa en un concepto amplio de seguridad y también se ocupa de los derechos humanos. La OSCE considera que la seguridad es más que la mera ausencia de guerra. Es más, la intención de los Estados participantes de la OSCE era implantar un marco integral para la paz y la estabilidad en Europa.

El Acta Final de Helsinki reconoce como uno de sus diez principios rectores el «respeto de los derechos humanos y de las libertades fundamentales, incluida la libertad de pensamiento, de con- ciencia, de religión o de creencia». Esto representa un hito en la historia de la protección de los derechos humanos. Por primera vez, los principios de los derechos humanos fueron incluidos de manera explícita y constituyeron un elemento integral de un marco de seguridad regional, al mismo nivel que las cuestiones político-militares y económicas. Este reconocimiento se ha visto reforzado por numerosos documentos complementarios. Por lo tanto, se halla plenamente con- solidado y debería estar fuera de toda duda. No existe jerarquía alguna entre dichos principios y ningún gobierno podrá alegar que debe priorizar la seguridad económica o política sobre los derechos humanos y la democracia.

La historia reciente prueba la validez del concepto de la OSCE, que afirma que una sociedad libre en la que todos sus miembros puedan participar plenamente en la vida pública es una garan- tía frente al conflicto y la inestabilidad. La falta de respeto por la integridad territorial de esta- dos soberanos, los arrestos arbitrarios y el encarcelamiento de manifestantes pacíficos, así como la exclusión de individuos de ciertos colectivos de la sociedad con base en cuestiones étnicas o de otra índole solo promueven una mayor inestabilidad. El rápido incremento de los flujos migrato- rios y de refugiados, por ejemplo, debido a conflictos, o el cambio climático, también ejercen una gran influencia sobre la seguridad.

En la terminología de la OSCE, el concepto de la «dimensión humana» describe un conjunto de normas y actividades relacionadas con los derechos humanos, la democracia y el estado de dere- cho. A su vez, la OSCE considera que este fenómeno forma una de las tres Dimensiones de la segu- ridad, junto con la esfera político-militar y las Dimensiones económica y medioambiental. Por tanto, las normas de la OSCE en este ámbito abarcan un área mayor a la legislación tradicional en materia de derechos humanos.

2. El «proceso» de la OSCE

Desde sus inicios, la OSCE ha seguido un planteamiento de «proceso». El Acta Final de Helsinki prevé la celebración de conferencias y reuniones de continuidad periódicas. Esta cuestión es par- ticularmente relevante para entender el marco de los derechos humanos de la OSCE.

En primer lugar, significa que existe un foro para debatir la aplicación de las normas acordadas en reuniones pasadas. En segundo lugar, ha dado pie a una serie de documentos sucesivos de la OSCE que especifican y desarrollan los compromisos de la dimensión humana adoptados en docu- mentos anteriores. Por consiguiente, la OSCE ha diseñado un proceso de creación de normas muy flexible en el campo de los derechos humanos, un proceso aún en marcha. Esto se ha traducido en el reconocimiento de la trata de seres humanos, que anteriormente se gestionaba con frecuen- cia desde el ámbito de la delincuencia organizada, como una cuestión de derechos humanos, así

XIV La dimensión humana de la OSCE: Introducción

como la identificación de los delitos de odio como una amenaza potencial a la seguridad nacio- nal e internacional.

Por lo general, los compromisos de la OSCE quedan reflejados en documentos adoptados por con- senso en las cumbres o en las reuniones ministeriales de la OSCE. Las reuniones se celebran en contextos y climas políticos específicos. Por lo tanto, no es de extrañar que las cumbres y reunio- nes ministeriales de la OSCE se hayan caracterizado por tener naturalezas diferentes a la hora de establecer nuevos compromisos. Mientras que algunas reuniones, en particular durante la primera década de los noventa, se tradujeron en un amplio conjunto de nuevas normas importantes, otras simplemente realizaron cambios y adiciones menores.

Este enfoque de proceso se ha traducido en un considerable número de documentos de la OSCE. Por eso, no siempre resulta sencillo para los profesionales identificar qué normas son aplicables en situaciones específicas, sobre todo si se tiene en cuenta que todo documento contiene, en mayor o menor medida, repeticiones e innovaciones. Como orientación básica, el usuario deberá entender que todos los documentos en su conjunto forman el marco existente de la OSCE. Por lo tanto, un documento no pierde validez al adoptarse nuevos documentos. Los documentos se apoyan unos en otros y constituyen lo que se conoce como el acervo de la OSCE. Se adoptaron por consenso y, por lo tanto, son políticamente vinculantes para todos los Estados participantes de la OSCE. Esto tam- bién incumbe a todos los Estados participantes admitidos posteriormente, a los que se les requiere aceptar el acervo existente en el momento de la adhesión.

En consecuencia, el usuario no deberá basarse en un único documento, sino que deberá consultar toda la gama de documentos existentes para determinar el alcance real de los compromisos sobre un derecho o una libertad fundamental específica. A menudo, los documentos iniciales solo estipulan principios generales que son desarrollados en documentos posteriores. Sin embargo, dado que los compromisos y los documentos se apoyan unos en otros, un compromiso de un documento inicial no pierde validez si un documento posterior solo hace una referencia general al derecho en cuestión.

Del mismo modo, todo documento, en su conjunto, refleja un contexto histórico concreto y su estructura responde a una cierta lógica que sitúa las diferentes partes del documento en un con- texto más amplio. Por lo tanto, la lectura total del documento puede aportar información impor- tante para el entendimiento y la interpretación de las normas en cuestión. Esto explica el doble enfoque de los dos tomos de la presente recopilación: un primer volumen temático y un segundo volumen cronológico.

3. Compromisos de la dimensión humana y democracia pluralista basada en el estado de derecho

En algunos casos, los compromisos de la dimensión humana de la OSCE van mucho más allá del alcance previsto en los instrumentos «tradicionales» jurídicamente vinculantes en materia de dere- chos humanos. Los tratados tradicionales de derechos humanos formulan derechos individuales (o colectivos) que los estados tienen la obligación de respetar y/o garantizar. Sin embargo, la forma de aplicación de tales obligaciones a menudo queda a discreción de los estados.

La dimensión humana de la OSCE va mucho más allá al vincular los derechos humanos con los sistemas institucionales y políticos de los Estados. En esencia, los Estados participantes de la OSCE han acordado, mediante sus compromisos de la dimensión humana, que el único sistema de gobierno apropiado para garantizar los derechos humanos de manera efectiva es la democracia pluralista basada en el estado de derecho.

XV La dimensión humana de la OSCE: Introducción

Esto explica por qué la dimensión humana de la OSCE ha sido descrita como un orden público común paneuropeo (ordre public). En otras palabras, la OSCE no es simplemente una organización de 57 Estados participantes, sino una «comunidad de valores» que desarrolla prácticas y costum- bres normativas de manera conjunta. Este vínculo también se refleja en los fuertes compromisos con el estado de derecho y la manera en la que se formula como un concepto basado en la digni- dad de las personas y un sistema de derechos garantizados a través de leyes y estructuras jurídicas.

4. Compromisos políticamente vinculantes

El proceso de la OSCE es, básicamente, un proceso político que no crea normas o principios vin- culantes jurídicamente. A diferencia de muchos otros documentos de derechos humanos, los com- promisos de la dimensión humana de la OSCE son vinculantes a nivel político, pero no jurídico. Esta es una distinción importante, dado que limita la capacidad de hacer cumplir las normas de la OSCE jurídicamente. En otras palabras, los compromisos de la OSCE no pueden ser exigidos en un juzgado.

Sin embargo, no debe entenderse esto como una falta de capacidad vinculante de los compromisos. La distinción existe entre las esferas jurídica y política, no entre la naturaleza vinculante y no vin- culante. Esto significa que los compromisos de la OSCE van más allá de una simple declaración de voluntad o buenas intenciones; representan una promesa política de cumplimiento de estas normas.

Si bien las deliberaciones relativas a los documentos jurídicos internacionales suelen prolongarse durante un lapso considerable de tiempo hasta alcanzarse un acuerdo sobre un texto definitivo, y los documentos finales están sujetos a ratificaciones y reservas, esto no ocurre con los documen- tos de la OSCE. Su naturaleza política se traduce en una situación única en la que, una vez se ha alcanzado el consenso entre los Estados, las decisiones entran en vigor con carácter inmediato y, en principio, de manera vinculante para todos los Estados participantes de la OSCE (el conocido como principio de universalidad).

Esto permite a la OSCE reaccionar rápidamente ante nuevas necesidades. Por ejemplo, durante el incremento de las vulneraciones de los derechos humanos de las minorías a principios de la década de los noventa, fue la OSCE quien reaccionó en primer lugar y redactó una serie de normas inte- grales en el campo de la protección de las minorías. Más adelante, estas normas políticas sirvie- ron como base para el Convenio Marco del Consejo de Europa para la protección de las Minorías Nacionales, de carácter jurídicamente vinculante.

5. Derechos humanos como asunto de preocupación internacional

Un aspecto fundamental de la dimensión humana de la OSCE es que los derechos humanos y la democracia pluralista no se consideran asuntos internos de los Estados. Los Estados participan- tes han subrayado que las cuestiones relativas a los derechos humanos, las libertades fundamenta- les, la democracia y el estado de derecho son de interés internacional, dado que el respeto de tales derechos y libertades constituye uno de los pilares del orden internacional.

De hecho, los Estados participantes declaran «categórica e irrevocablemente» que «los compro- misos contraídos en el campo de la dimensión humana de la OSCE son asuntos de preocupación directa y legítima de todos los Estados participantes y no exclusivamente asuntos internos del estado de que se trate» (Documento de Moscú, 1991). Por lo tanto, los Estados participantes de la OSCE no pueden invocar el principio de no intervención para evitar los debates sobre cuestiones de derechos humanos en sus países. Esto explica por qué la OSCE no es solo una comunidad de

XVI La dimensión humana de la OSCE: Introducción

valores, sino una comunidad de responsabilidad y debe enfatizarse que esta responsabilidad no solo se centra en el derecho a criticar a otros estados a raíz de las vulneraciones de los compromi- sos de la dimensión humana, sino en la obligación de asistirse mutuamente a la hora de solucio- nar problemas específicos.

6. Limitaciones y relación con los tratados internacionales de derechos humanos

Los compromisos de la OSCE reflejan los derechos humanos y las libertades tradicionales, así como ciertas áreas que van más allá del alcance del derecho tradicional de derechos humanos. Como ocurre en otros tratados de derechos humanos, una cuestión relevante es hasta qué punto pueden limitarse los derechos. Esto es importante para cualquier profesional que busque identificar si se ha vulnerado o no un derecho específico. Ciertas libertades estipuladas por la OSCE contienen cláu- sulas específicas para su limitación. Sin embargo, el Documento de la OSCE de Copenhague esta- blece una importante regla general para los derechos mencionados en el presente documento: no estarán sujetos a ninguna restricción, salvo a las previstas por la ley y que no sean incompatibles con las obligaciones establecidas por el derecho internacional, como por ejemplo, el Pacto Inter- nacional de Derechos Civiles y Políticos. No podrán imponerse restricciones de manera arbitraria y se deberán entender siempre como excepciones a la norma general, que establece que la liber- tad individual debe respetarse. Cualesquiera limitaciones habrán de guardar estricta proporción con el objetivo de la ley. Este criterio de proporcionalidad requiere una interpretación rigurosa, sobre todo porque cualquier injerencia debe evaluarse teniendo en cuenta el gran valor que osten- tan tales libertades fundamentales en una sociedad democrática libre y abierta. Estas cuestiones adquirieron particular relevancia para garantizar el funcionamiento continuado de las instituciones democráticas y el respeto de los derechos humanos tras el estallido de la pandemia del Covid-19.

B. Instituciones y aplicación

1. La responsabilidad de aplicar los compromisos de la dimensión humana de la OSCE

El marco de derechos humanos descrito anteriormente existe en beneficio de todas las personas que viven en el área de la OSCE y, de hecho, describe los derechos humanos y las libertades fundamen- tales como «patrimonio de todos los seres humanos». La primera responsabilidad para garantizar tales derechos recae en los Estados participantes de la OSCE. Los compromisos de la dimensión humana de la OSCE se dirigen —en línea con otros tratados internacionales de derechos huma- nos— a los Estados participantes. Los compromisos consolidan el principio general al subrayar que la protección y la promoción de los derechos humanos y de las libertades fundamentales son «la primera responsabilidad de los gobiernos» (Carta de París para una Nueva Europa, 1990).

Desde el comienzo, quedó claro que la formulación de normas por sí sola no sería siempre suficiente para la aplicación efectiva de los compromisos de la dimensión humana. Los procedimientos interna- cionales deberían desempeñar una función complementaria significativa a tal fin. En consecuencia, la OSCE ha establecido una serie de procedimientos, conferencias e instituciones que contribuyen a supervisar y asistir en la aplicación de los compromisos de la dimensión humana de la OSCE.

XVII La dimensión humana de la OSCE: Introducción

A diferencia de otros tratados de derechos humanos*, la OSCE no ha creado otros tribunales u organismos de petición individual para garantizar la aplicación de los compromisos de la OSCE. Esto refleja la naturaleza política del proceso de la OSCE y la intención de no duplicar los meca- nismos existentes. Esto refleja la naturaleza política del proceso de la OSCE y la intención de no duplicar los mecanismos existentes. Al contrario, la OSCE refuerza estos mecanismos importan- tes y solicita a los estados que se adhieran a ellos y se atengan a las normas establecidas por otras organizaciones internacionales.

2. Cumbres y otras reuniones de continuidad

Como se mencionó anteriormente, el Acta Final de Helsinki preveía la celebración de conferen- cias periódicas de continuidad, lo que refleja la necesidad de un diálogo constante para garantizar la efectividad del acuerdo. A lo largo del tiempo, este proceso ha dado pie a un refinado sistema de cumbres políticas y otras conferencias en las que se debate sobre la aplicación de los compro- misos de la OSCE.†

Esta compleja estructura de cumbres, reuniones, conferencias y seminarios tiene dos efectos impor- tantes. En primer lugar, permite a los Estados participantes intervenir en un proceso dinámico de creación de normas. Los Estados participantes pueden reaccionar rápidamente ante necesidades nuevas y apoyarse en compromisos previos de la OSCE para concretar su aplicación. En segundo lugar, brinda a los Estados participantes de la OSCE un foro para debatir la aplicación real de los compromisos de la dimensión humana. Esto subraya el principio de que el cumplimiento de los compromisos de la OSCE es una cuestión de interés directo y legítimo para todos los Estados par- ticipantes de la OSCE y va más allá de los asuntos internos de cualquier estado particular.

Una característica significativa de las reuniones de la dimensión humana de la OSCE es que están abiertas a la participación activa de organizaciones no gubernamentales (ONG). Por lo tanto, las ONG pueden y, de hecho, participan en la gestión de preocupaciones sobre la aplicación real de los compromisos de la dimensión humana de la OSCE y aportan sugerencias sobre cómo solucio- nar estos problemas.

3. El mecanismo de la dimensión humana

Además de estas reuniones periódicas, la OSCE ha creado lo que se conoce por mecanismo de la dimensión humana: el Mecanismo de Viena‡ y el Mecanismo de Moscú§. Este último es, en parte, una evolución posterior del Mecanismo de Viena. Juntos, constituyen un proceso para supervisar

* Cabe mencionar que la ausencia de un proceso de reclamación individual no impide que se presenten casos individuales ante los organismos políticos de la OSCE. † Las cumbres de la OSCE y las reuniones del Consejo Ministerial suelen adoptar nuevas declaraciones y documen- tos. Las conferencias de revisión preceden a las cumbres de la OSCE y debaten el cumplimiento de las normas de la OSCE y preparan el documento final que se adoptará en la cumbre posterior. Las reuniones de aplica- ción de la dimensión humana de la OSCE deberían celebrarse en los años en los que no esté prevista ninguna cumbre de la OSCE y servir de foro para debatir la aplicación de los compromisos de la dimensión humana de la OSCE. También está previsto organizar cada año un seminario sobre la dimensión humana y tres reunio- nes complementarias sobre la dimensión humana. Para más información, consultar el sitio web de la OIDDH www.osce.org/odihr. ‡ Según lo establecido en el Documento de clausura de la reunión de Viena de 1989. § El Mecanismo de Moscú se acordó en la última reunión de la Conferencia sobre la Dimensión Humana de la CSCE, celebrada en Moscú (1991). La institución responsable de la OSCE, la Oficina de Instituciones Democrá- ticas y Derechos Humanos, mantiene una lista activa de expertos, tal y como exige el Mecanismo de Moscú.

XVIII La dimensión humana de la OSCE: Introducción

la aplicación de los compromisos de la dimensión humana que cualquier Estado participante de la OSCE puede invocar ad hoc.

El Mecanismo de Viena permite a un Estado participante, mediante una serie de procedimientos, plantear cuestiones relativas a la dimensión humana que afecten a otro Estado participante de la OSCE. El Mecanismo de Moscú hace hincapié en este aspecto y brinda la posibilidad adicional de designar misiones ad hoc de expertos independientes para asistir en la resolución de una cuestión específica de la dimensión humana. Esto incluye el derecho a investigar presuntas vulneraciones de los compromisos de la dimensión humana, incluso, en circunstancias excepcionales, sin el con- sentimiento del estado acusado.

4. Instituciones de la OSCE relevantes en el campo de la dimensión humana

A diferencia del enfoque de conferencia de sus primeros años, la OSCE ha designado una serie de instituciones permanentes para asistir a los Estados participantes en la aplicación de los compro- misos de la dimensión humana de la OSCE. A continuación, se ofrece una panorámica básica de las principales instituciones involucradas en cuestiones de la dimensión humana, sin dar cuenta exhaustiva de sus funciones y actividades.

A. La Oficina de Instituciones Democráticas y Derechos Humanos

Originalmente establecida como la Oficina pro Elecciones Libres en 1991*, la Oficina de Institucio- nes Democráticas y Derechos Humanos de la OSCE (OIDDH), ubicada en Varsovia, es la principal institución de la OSCE en el ámbito de la dimensión humana. El Documento de Helsinki de 1992 estableció el mandato de la OIDDH de ayudar a los Estados participantes de la OSCE a «garanti- zar el pleno respeto de los derechos humanos y de las libertades fundamentales, de acatar el estado de derecho, de fomentar los principios de la democracia... y fortalecer y proteger las instituciones democráticas, a la vez que se fomenta la tolerancia en la sociedad».

De conformidad con su mandato y las tareas especificadas en una serie de documentos, la OIDDH promueve los procesos electorales democráticos mediante la observación minuciosa de las eleccio- nes, desarrolla proyectos de asistencia electoral que contribuyan a una democracia participativa sólida y asiste a los Estados participantes de la OSCE en la aplicación de sus compromisos de la dimensión humana supervisando otros procesos democráticos y el cumplimiento de los derechos humanos, así como proporcionando conocimientos especializados y apoyo práctico para la crea- ción de instituciones democráticas. Esto se logra a través de programas de más largo plazo para reforzar el estado de derecho, la gobernanza democrática y la sociedad civil, con quien la OIDDH mantiene una cooperación constante y estrecha. La OIDDH también sustenta las misiones sobre el terreno de la OSCE en sus actividades de la dimensión humana a través de la formación, el inter- cambio de experiencias y la coordinación regional y contribuye a la alerta temprana y la preven- ción de conflictos gracias a la supervisión de la aplicación de los compromisos de la dimensión humana de la OSCE en los Estados participantes. A tal fin, también imparte formación periódica en materia de derechos humanos destinada a las autoridades gubernamentales, la sociedad civil y el personal de la OSCE.

La OIDDH también apoya a los Estados participantes en la aplicación de obligaciones jurídicas internacionales y de los compromisos de la OSCE en la lucha contra el terrorismo, de conformidad

* La decisión de crear la Oficina pro Elecciones Libres se tomó en la Cumbre de París de 1990. La Oficina fue inaugurada en 1991.

XIX La dimensión humana de la OSCE: Introducción

con las normas internacionales de derechos humanos y a cumplir sus compromisos en materia de tolerancia y no discriminación. En este contexto, también respalda los esfuerzos para comba- tir y reaccionar ante los delitos de odio y los incidentes de racismo, antisemitismo y otras formas de intolerancia, incluso contra los musulmanes. La OIDDH actúa como Punto de Contacto de la OSCE para las cuestiones relativas a los romaníes y sintis y busca fomentar la plena integración de estos colectivos en las sociedades en las que viven. En todas sus funciones, la OIDDH elabora polí- ticas y actividades para garantizar la integración de la perspectiva de género y lleva a cabo accio- nes destinadas a mejorar la situación de la mujer en la región de la OSCE.

A fin de estructurar sus actividades de la dimensión humana, la OIDDH celebra reuniones perió- dicas en las que se hace balance de los compromisos de la dimensión humana de la OSCE y se reco- miendan tareas de seguimiento. En todas sus actividades, la OIDDH involucra a una red de socios activos en las áreas pertinentes, incluidas las organizaciones internacionales y locales no guberna- mentales, así como los organismos gubernamentales internacionales, en particular la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos y el Consejo de Europa.

B. El Alto Comisionado de la OSCE para las Minorías Nacionales

El Alto Comisionado de la OSCE para las Minorías Nacionales, creado en la Haya en 1992, tiene por objeto identificar —y buscar la resolución de— las tensiones étnicas que puedan hacer peli- grar la paz, la estabilidad o las relaciones amistosas entre los Estados participantes de la OSCE.

El Alto Comisionado, que actúa con independencia de todas las partes implicadas, realiza misio- nes sobre el terreno y participa en la diplomacia preventiva en la fase más temprana de la apari- ción de tensiones. Además de recopilar información de primera mano, el Alto Comisionado busca promover el diálogo, la confianza y la cooperación.

C. El Representante de la OSCE para la Libertad de los Medios de Comunicación

El Representante de la OSCE para la Libertad de los Medios de Comunicación ayuda a los Esta- dos participantes en la consecución de medios de comunicación libres, independientes y plurales como uno de los elementos básicos de una democracia pluralista y funcional. El Representante, cuya oficina se ubica en Viena, observa la evolución de los medios de comunicación en todos los Estados participantes y defiende y fomenta el cumplimiento de los principios y compromisos rele- vantes de la OSCE.

5. Observaciones finales

Los Estados participantes de la OSCE han creado un considerable acervo de normas y principios en el campo de la dimensión humana. Los documentos de la OSCE constituyen un conjunto de compromisos importantes en materia de derechos humanos que han hecho de la OSCE un líder en innovaciones en esta área. Esperamos que la presente publicación contribuya al conocimiento y a la aplicación de los numerosos compromisos, a menudo muy detallados, que los Estados par- ticipantes de la OSCE han contraído en la esfera de los derechos humanos y de las libertades fun- damentales, el estado de derecho y la democracia.

XX Documentos de la OSCE que aparecen en la presente recopilación

Acta Final de la Conferencia sobre la Seguridad y la Cooperación en Europa, Helsinki, 1 de agosto de 1975 (en lo sucesivo Helsinki 1975)

Documento de Clausura de Madrid – Segunda Reunión de Continuidad, Madrid, 6 de septiembre de 1983 (en lo sucesivo Madrid 1983)

Documento de Clausura de Viena – Tercera Reunión de Continuidad, Viena, 15 de enero de 1989 (en lo sucesivo Viena 1989)

Informe de la Reunión sobre la Protección del Medio Ambiente, Sofía, 3 de noviembre de 1989 (en lo sucesivo Sofía 1989)

Documento de la Conferencia de Bonn sobre Cooperación Económica en Europa, Bonn, 11 de abril de 1990 (en lo sucesivo Bonn 1990)

Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE, Copenhague, 29 de junio de 1990 (en lo sucesivo Copenhague 1990)

Carta de París para una Nueva Europa/Documento Suplementario para dar validez a algunas disposiciones que figuran en la Carta de París para una Nueva Europa, París, 21 de noviembre de 1990 (en lo sucesivo París 1990)

Documento del Simposio de Cracovia sobre el Patrimonio Cultural de los Estados Participantes en la CSCE, Cracovia, 6 de junio de 1991 (en lo sucesivo Cracovia 1991)

Informe de la Reunión de Expertos de la CSCE sobre Minorías Nacionales, Ginebra, 19 de julio de 1991 (en lo sucesivo Ginebra 1991)

Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE, Moscú, 3 de octubre de 1991 (en lo sucesivo Moscú 1991)

Documento de la Segunda Reunión del Consejo de la CSCE, Praga, 30 - 31 de enero de 1992 (enlo sucesivo Praga 1992)

Documento de Clausura de Helsinki – Cuarta Reunión de Continuidad, Helsinki, 10 de julio de 1992 (en lo sucesivo Helsinki 1992)

XXI Documentos de la OSCE que aparecen en la presente recopilación

Documento de la Tercera Reunión del Consejo de la CSCE, Estocolmo, 14 - 15 de diciembre de 1992 (en lo sucesivo Estocolmo 1992)

Documento de la Cuarta Reunión del Consejo de la CSCE, Roma, 30 de noviembre - 1 de diciembre de 1993 (en lo sucesivo Roma 1993)

Documento de Clausura de Budapest, 6 de diciembre de 1994 (en lo sucesivo Budapest 1994) Documento de Lisboa, Lisboa, 3 de diciembre de 1996 (en lo sucesivo Lisboa 1996)

Documento de la Sexta Reunión del Consejo Ministerial, Copenhague, 18 - 19 de diciembre de 1997 (en lo sucesivo Copenhague 1997)

Documento de la Séptima Reunión del Consejo Ministerial, Oslo, 2 - 3 de diciembre de 1998 (en lo sucesivo Oslo 1998)

Documento de Estambul, Estambul, 19 de noviembre de 1999 (en lo sucesivo Estambul 1999)

Documento de la Octava Reunión del Consejo Ministerial, Viena, 27 - 28 de noviembre de 2000 (en lo sucesivo Viena 2000)

Documento de la Novena Reunión del Consejo Ministerial, Bucarest, 3 - 4 de diciembre de 2001 (en lo sucesivo Bucarest 2001)

Documento de la Décima Reunión del Consejo Ministerial, Oporto, 6 - 7 de diciembre de 2002 (en lo sucesivo Oporto 2002)

Documento de la Undécima Reunión del Consejo Ministerial, Maastricht, 1 - 2 de diciembre de 2003 (en lo sucesivo Maastricht 2003)

Documento de la Decimosegunda Reunión del Consejo Ministerial, Sofía, 6 - 7 de diciembre de 2004 (en lo sucesivo Sofía 2004)

Documento de la Decimotercera Reunión del Consejo Ministerial, Liubliana, 5 - 6 de diciembre de 2005 (en lo sucesivo Liubliana 2005)

Documento de la Decimocuarta Reunión del Consejo Ministerial, Bruselas, 4 - 5 de diciembre de 2006 (en lo sucesivo Bruselas 2006)

Documento de la Decimoquinta Reunión del Consejo Ministerial, Madrid, 29 - 30 de noviembre de 2007 (en lo sucesivo Madrid 2007)

Documento de la Decimosexta Reunión del Consejo Ministerial, Helsinki, 4 - 5 de diciembre de 2008 (en lo sucesivo Helsinki 2008)

Documento de la Decimoséptima Reunión del Consejo Ministerial, Atenas, 1 - 2 de diciembre de 2009 (en lo sucesivo Atenas 2009)

Declaración Conmemorativa de Astaná, Astaná, 2 de diciembre de 2010 (en lo sucesivo Astaná 2010)

XXII Documentos de la OSCE que aparecen en la presente recopilación

Documento de la Decimoctava Reunión del Consejo Ministerial, Vilnius, 7 de diciembre de 2011 (en lo sucesivo Vilnius 2011)

Documento de la Decimonovena Reunión del Consejo Ministerial, Dublín, 7 de diciembre de 2012 (en lo sucesivo Dublín 2012)

Documento de la Vigésima Reunión del Consejo Ministerial, Kiev, 6 de diciembre de 2013 (en lo sucesivo Kiev 2013)

Documento de la Vigesimoprimera Reunión del Consejo Ministerial, Basilea, 5 de diciembre de 2014 (en lo sucesivo Basilea 2014)

Documento de la Vigesimosegunda Reunión del Consejo Ministerial, Belgrado, 4 de diciembre de 2015 (en lo sucesivo Belgrado 2015)

Documento de la Vigesimotercera Reunión del Consejo Ministerial, Hamburgo, 9 de diciembre de 2016 (en lo sucesivo Hamburgo 2016)

Documento de la Vigesimocuarta Reunión del Consejo Ministerial, Viena, 8 de diciembre de 2017 (en lo sucesivo Viena 2017)

Documento de la Vigesimoquinta Reunión del Consejo Ministerial, Milán, 7 de diciembre de 2018 (en lo sucesivo Milán 2018)

Documento de la Vigesimoséptima Reunión del Consejo Ministerial, Tirana, 4 de diciembre de 2020 (en lo sucesivo Tirana 2020)

XXIII Disposiciones Generales relativas a la Dimensión Humana 1. Introducción a la dimensión humana 1 1.1 La naturaleza e importancia de la dimensión humana

1.1 La naturaleza e importancia de la dimensión humana

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios VII-IX)

Los Estados participantes reconocen el valor universal de los derechos humanos y de las liberta- des fundamentales, cuyo respeto es un factor esencial de la paz, la justicia y el bienestar necesa- rios para asegurar el desarrollo de relaciones amistosas y de cooperación tanto entre ellos como entre todos los Estados. (…)

Procurarán, al desarrollar su cooperación como iguales, promover la comprensión y la confianza mutuas, las relaciones amistosas y de buena vecindad entre ellos, la paz internacional, la seguridad y la justicia. Procurarán también, al desarrollar su cooperación, mejorar el bienestar de los pue- blos y contribuir al logro de sus aspiraciones mediante, entre otros, los beneficios resultantes del mayor conocimiento mutuo y de los progresos y consecuciones en los terrenos económico, cientí- fico, tecnológico, social, cultural y humanitario. Adoptarán medidas para promover condiciones favorables que pongan estos beneficios al alcance de todos; tendrán en cuenta el interés de todos en reducir las diferencias en los niveles de desarrollo económico y, en particular, el interés de los países en desarrollo en todo el mundo.

Copenhague 1990 (Preámbulo)

Los Estados participantes expresan su convicción de que el pleno respeto de los derechos huma- nos y de las libertades fundamentales y el desarrollo de sociedades basadas en una democracia pluralista y en el Estado de Derecho son requisitos previos para progresar hacia la instauración del orden de paz, seguridad, justicia y cooperación duraderas que tratan de establecer en Europa.

I (1) Los Estados participantes expresan su convicción de que la protección y promoción de los dere- chos humanos y las libertades fundamentales es uno de los propósitos básicos de gobierno, y reafir- man que el reconocimiento de esos derechos y libertades es la base de la libertad, la justicia y la paz. (…)

V (41) Los Estados participantes reafirman su compromiso con la dimensión humana de la CSCE y destacan su importancia como parte integrante de un enfoque equilibrado para la seguridad y la cooperación en Europa (…)

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Declaramos que nuestro respeto de los derechos humanos y de las libertades fundamentales es irrevocable (...)

Helsinki 1992 (Declaración de la Cumbre)

6. Nos congratulamos del compromiso de todos los Estados participantes con respecto a nues- tros valores compartidos. El respeto de los derechos humanos y de las libertades fundamentales,

3 1.1 La naturaleza e importancia de la dimensión humana

inclusive los derechos de las personas pertenecientes a minorías nacionales, la democracia, el estado de derecho, la libertad económica, la justicia social y la responsabilidad medioambiental son nues- tros objetivos comunes. Son inmutables (…)

21. Nuestro enfoque se basa en nuestro concepto integral de la seguridad, iniciado en el Acta Final.

Este concepto relaciona el mantenimiento de la paz con el respeto de los derechos humanos y las libertades fundamentales. Vincula la solidaridad y la cooperación en materia de economía y medio ambiente con las relaciones pacíficas entre los Estados. Todo esto vale también para la gestión del cambio, por lo mismo que fue necesario para atenuar el enfrentamiento.

Sección VI: La Dimensión Humana

Budapest 1994 (Declaración de la Cumbre)

14. Confirmamos la importancia de la dimensión humana en todas las actividades generales de la CSCE. El respeto a los derechos humanos y libertades fundamentales, a la democracia y al estado de derecho es un elemento esencial de la seguridad y la cooperación en la región de la CSCE. Debe seguir siendo un objetivo primordial de la actividad de la CSCE (…) Subrayamos la importancia de los contactos humanos para superar el legado de viejas divisiones.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

2. Los derechos humanos y las libertades fundamentales, el estado de derecho y las instituciones democráticas son los fundamentos de la paz y la seguridad y representan una contribución esencial a la prevención de los conflictos dentro de un amplio concepto general de seguridad. La protección de los derechos humanos, incluidos los derechos de las personas pertenecientes a minorías nacio- nales, es una base esencial de la sociedad civil democrática. El olvido de estos derechos ha contri- buido, en casos graves, al extremismo, a la inestabilidad regional y a los conflictos (…)

Estambul 1999 (Carta sobre la Seguridad Europea: II. Nuestra base común)

7. Reafirmamos nuestra plena adhesión a la Carta de las Naciones Unidas, al Acta Final de Hel- sinki, a la Carta de París y a todos los demás documentos de la OSCE a los que hemos dado nues- tro asentimiento. Esos documentos son expresión de los compromisos que hemos contraído en común, constituyen el fundamento de nuestra labor (…) Establecieron normas claras para el trato de los Estados participantes entre sí y de todas las personas dentro de sus territorios (...) Su apli- cación de buena fe es fundamental para las relaciones entre los Estados, entre los Gobiernos y sus pueblos, y entre las organizaciones de las que sean miembros (…) Consideramos estos compromi- sos como nuestro logro común (...)

4 1 1.1 La naturaleza e importancia de la dimensión humana

(…)

9. Edificaremos nuestras relaciones de conformidad con el concepto de una seguridad común y glo- bal, y guiados por un espíritu de igualdad asociativa, de solidaridad y de transparencia. La seguridad de cada Estado participante está indisolublemente vinculada a la de todos los demás. Abordaremos las Dimensiones humana, económica, política y militar de la seguridad como un todo integrado.

Oporto 2002 (Declaración ministerial)

3. Al mismo tiempo, nuestra Organización ha de preparar nuevas respuestas ante la índole cam- biante de las amenazas a nuestra seguridad, aprovechando y reforzando las tres Dimensiones de nuestro enfoque integral de la seguridad. Nuestros esfuerzos por promover la paz y la estabili- dad deben compaginarse con nuestra determinación de velar por el pleno respeto de los derechos humanos, de las libertades fundamentales y del Estado de derecho, y de consolidar las condicio- nes que sean esenciales para un desarrollo sostenible de la economía en todos nuestros Estados.

Maastricht 2003 (I. Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

4. El respeto de los derechos humanos y de las libertades fundamentales del ciudadano, así como de la democracia y del Estado de derecho, es esencial al concepto global de la seguridad adop- tado por la OSCE. La firmeza de las instituciones democráticas y del Estado de derecho cumple un cometido importante en orden a la prevención de toda amenaza eventual. Una administración pública deficiente, y la inhabilidad para establecer instituciones democráticas adecuadas y fun- cionales que promuevan la estabilidad, constituyen de por sí un semillero de una amplia gama de amenazas. Por idéntico motivo, la violación sistemática de los derechos humanos, particularmente de los derechos de personas pertenecientes a minorías nacionales, y la violación sistemática de las libertades fundamentales pueden ser un semillero de una amplia gama de amenazas potenciales. (…)

8. A la luz de este panorama, está claro que conserva toda su validez el enfoque global de la segu- ridad propio de la OSCE, basado en sus Dimensiones humana, político-militar, y económica y medioambiental, por lo que dicho enfoque debe mantenerse y fortalecerse aún más.

9. Reconociendo que el incumplimiento de las leyes internacionales y de las normas y los principios de la OSCE, así como una serie de factores relacionados con las Dimensiones político militar, econó- mica, medioambiental y humana, son el origen de las causas inmediatas de los conflictos violentos,

Astana 2010

1. Nosotros, los Jefes de Estado o de Gobierno de los 56 Estados participantes de la OSCE, nos hemos reunido en Astana, once años después de la última Cumbre de la OSCE, celebrada en Estam- bul, para renovar nuestro compromiso con la visión de una comunidad de seguridad euroatlántica y euroasiática libre, democrática, común e indivisible que se extiende desde Vancouver a Vladi- vostok, enraizada en principios mutuamente convenidos, compromisos compartidos y objetivos comunes. Cuando celebramos el 35° aniversario del Acta Final de Helsinki y el 20° aniversario de la Carta de París para una Nueva Europa, reafirmamos la importancia de los principios en los que se basa esta Organización y nuestro compromiso con ellos. Aunque hemos realizado muchos pro- gresos, también reconocemos que hay que hacer más para garantizar el pleno respeto y la aplicación de esos principios y compromisos básicos que hemos contraído en la dimensión político-militar,

5 1.2 La dimensión humana como asunto de preocupación directa y legítima de alcance internacional

la dimensión económica y medioambiental y la dimensión humana, especialmente en las esferas de los derechos humanos y las libertades fundamentales.

2. Reafirmamos nuestra plena adhesión a la Carta de las Naciones Unidas y a todas las normas, principios y compromisos de la OSCE, como el Acta Final de Helsinki, la Carta de París, la Carta sobre la Seguridad Europea y todos los demás documentos de la OSCE que hemos aceptado, así como nuestra responsabilidad de aplicarlos íntegramente y de buena fe. Reiteramos nuestro com- promiso con el concepto, que se inició en el Acta Final, de una seguridad integral, cooperativa, igual e indivisible, que relaciona el mantenimiento de la paz con el respeto de los derechos huma- nos y las libertades fundamentales y vincula la cooperación económica y medioambiental con las relaciones pacíficas entre los Estados. (…)

4. Esas normas, principios y compromisos nos han permitido realizar progresos para dejar atrás viejos enfrentamientos y acercarnos a la democracia, la paz y la unidad en toda el área de la OSCE. Deben seguir guiándonos en el siglo XXI al trabajar juntos para que la visión ambiciosa de Hel- sinki y París sea una realidad para todos nuestros pueblos. En esos documentos de la OSCE, y en todos los demás, se establecen normas claras para los Estados participantes en su trato mutuo y con todas las personas en sus territorios. (...) (…)

6. El enfoque integral y cooperativo que adopta la OSCE en materia de seguridad, en el que se abor- dan la dimensión humana, la económica y medioambiental, la política y la militar como un todo, sigue siendo indispensable. Convencidos de que la dignidad inherente de la persona es la esencia de la seguridad integral, reiteramos que los derechos humanos y las libertades fundamentales son inalienables, y que su protección y promoción son nuestra primera responsabilidad. (…)

1.2 La dimensión humana como asunto de preocupación directa y legítima de alcance internacional

Moscú 1991 (Preámbulo)

Los Estados participantes hacen hincapié en que las cuestiones relativas a los derechos humanos, las libertades fundamentales, la democracia y el estado de derecho son objeto de preocupación internacional, dado que el respeto de esos derechos y libertades constituye una de las bases del orden internacional. Declaran categórica e irrevocablemente que los compromisos contraídos en el campo de la dimensión humana de la CSCE son asuntos de preocupación directa y legítima de todos los Estados participantes y no exclusivamente asuntos internos del Estado de que se trate.

Lisboa 1996 (Declaración de Lisboa sobre un modelo común y global de seguridad para Europa en el siglo XXI)

5. Reconocemos que, dentro de la OSCE, los Estados son responsables del cumplimiento de los compromisos de la OSCE ante sus ciudadanos y ante los demás Estados.

6 1 1.2 La dimensión humana como asunto de preocupación directa y legítima de alcance internacional

Estambul 1999 (Carta sobre la Seguridad Europea: II. Nuestra base común)

7. (…) Todos los compromisos de la OSCE, sin excepción alguna, son aplicables por igual a todos los Estados participantes (…) Consideramos esos compromisos como un logro de todos y, por tanto, como cuestiones de interés inmediato y legítimo para todos los Estados participantes.

Astana 2010

3. (…) Todos los compromisos de la OSCE, sin excepción alguna, son aplicables por igual a todos los Estados participantes (…) Consideramos esos compromisos como un logro de todos y, por tanto, como cuestiones de interés inmediato y legítimo para todos los Estados participantes.

6. (…). Reafirmamos categórica e irrevocablemente que los compromisos contraídos en la esfera de la dimensión humana son asuntos de preocupación directa y legítima para todos los Estados participantes y no pertenecen exclusivamente a la esfera de los asuntos internos del Estado de que se trate. (...)

7 2. Aplicación de los compromisos 2.1 La obligación de aplicar

2.1 La obligación de aplicar

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los 2 Principios que Rigen las Relaciones entre los Estados Participantes; Principios VII-X)

[Los Estados participantes] (…) respetarán constantemente estos derechos y libertades en sus rela- ciones mutuas y procurarán promover, conjuntamente y por separado, inclusive en cooperación con las Naciones Unidas, el respeto universal y efectivo de los mismos. (…)

En el ejercicio de sus derechos soberanos, incluyendo el derecho de determinar sus leyes y regla- mentos, se atendrán a sus obligaciones jurídicas según el derecho internacional; además, tendrán debidamente en cuenta y aplicarán las disposiciones del Acta Final de la Conferencia sobre la Segu- ridad y la Cooperación en Europa. (…)

Todos los principios arriba enunciados son de significación primordial y, por lo tanto, se aplica- rán por igual y sin reservas, interpretándose cada uno de ellos teniendo en cuenta a los demás.

Los Estados participantes expresan su determinación de respetar y aplicar plenamente estos prin- cipios, tal como se enuncian en la presente Declaración, en todos los aspectos, a sus relaciones mutuas y a su cooperación, a fin de asegurar a cada uno de los Estados participantes los beneficios que se derivan del respeto y aplicación de estos principios por parte de todos.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Preámbulo)

Los Estados participantes manifiestan su determinación (…)

Cumplir con constancia todas las disposiciones del Acta Final y, en especial, respetar y poner en práctica, estrictamente y sin reservas todos y cada uno de los diez principios contenidos en la Decla- ración sobre los Principios que rigen las relaciones entre los Estados participantes, independien- temente de sus sistemas políticos, económicos o sociales, así como de sus Dimensiones, situación geográfica o nivel de desarrollo económico (…)

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes subrayan su determinación de promover y fomentar el ejercicio efectivo de los derechos humanos y de las libertades fundamentales, todos los cuales se derivan de la dig- nidad inherente a la persona humana y son esenciales para su libre y pleno desarrollo, y de asegu- rar progresos constantes y tangibles de conformidad con el Acta Final, con miras a conseguir un mayor y firme desarrollo en este campo en todos los Estados participantes, con independencia de sus sistemas políticos, económicos y sociales.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Declaramos que nuestro respeto de los derechos humanos y de las libertades fundamentales es irrevocable. Aplicaremos plenamente, y desarrollaremos, las disposiciones referentes a la dimen- sión humana de la CSCE.

9 2.1 La obligación de aplicar

Moscú 1991 (Preámbulo)

Helsinki 1992 (Declaración de la Cumbre)

6. (…) La adhesión a nuestros compromisos constituye la base de la participación y la cooperación en la CSCE y una piedra angular para el ulterior desarrollo de nuestras sociedades.

Estambul 1999 (Carta sobre la Seguridad Europea: II. Nuestra base común)

7. Reafirmamos nuestra plena adhesión a la Carta de las Naciones Unidas, al Acta Final de Hel- sinki, a la Carta de París y a todos los demás documentos de la OSCE a los que hemos dado nues- tro asentimiento. Esos documentos son expresión de los compromisos que hemos contraído en común, constituyen el fundamento de nuestra labor (…) Todos los compromisos de la OSCE, sin excepción alguna, son aplicables por igual a todos los Estados participantes. Su aplicación de buena fe es fundamental para las relaciones entre los Estados, entre los Gobiernos y sus pueblos, y entre las organizaciones de las que sean miembros. Los Estados participantes son responsables ante sus ciudadanos y ante los demás Estados participantes del cumplimiento de sus compromisos. Consi- deramos esos compromisos como un logro de todos y, por tanto, como cuestiones de interés inme- diato y legítimo para todos los Estados participantes.

Bruselas 2006 (Decisión n° 19/06 relativa al fortalecimiento de la eficiencia de la OSCE)

El Consejo Ministerial, (…)

3. Recuerda a los Estados participantes su deber de alinear su legislación y sus prácticas concer- nientes a la dimensión humana con los compromisos asumidos en el seno de la OSCE;

4. Toma nota de la evaluación del estado actual de cumplimiento de los compromisos asumidos por los Estados participantes, e insiste de nuevo en que cada Estado participante debe hacerse responsable del cumplimiento efectivo de sus compromisos contraídos en el seno de la OSCE. La OIDDH cumple, a dicho respecto, una función importante de asistencia; (…)

Astana 2010

1. (…) Cuando celebramos el 35° aniversario del Acta Final de Helsinki y el 20° aniversario de la Carta de París para una Nueva Europa, reafirmamos la importancia de los principios en los que se basa esta Organización y nuestro compromiso con ellos. Aunque hemos realizado muchos progre- sos, también reconocemos que hay que hacer más para garantizar el pleno respeto y la aplicación de esos principios y compromisos básicos que hemos contraído en la dimensión político-militar, la dimensión económica y medioambiental y la dimensión humana, especialmente en las esferas de los derechos humanos y las libertades fundamentales.

10 2.2 Métodos de aplicación

(…)

3. (…). Reafirmamos asimismo que todos los principios y compromisos de la OSCE, sin excep- 2 ción, se aplican por igual a cada uno de los Estados participantes, y ponemos de relieve que debe- mos rendir cuentas a nuestros ciudadanos y ser responsables los unos ante los otros de su plena aplicación. Estimamos que esos compromisos son nuestro logro común y, por tanto, considera- mos que son asuntos de preocupación inmediata y legítima para todos los Estados participantes.

6. (…) Convencidos de que la dignidad inherente de la persona es la esencia de la seguridad inte- gral, reiteramos que los derechos humanos y las libertades fundamentales son inalienables, y que su protección y promoción son nuestra primera responsabilidad.

2.2 Métodos de aplicación

2.2.1 Disposiciones generales, incluida la educación en derechos humanos

Helsinki 1975 (Continuidad de la Conferencia)

Los Estados participantes, (…)

1. Declaran su resolución, en el periodo que siga a la Conferencia, de tener debidamente en cuenta las disposiciones del Acta Final de la Conferencia y de aplicarlas: (a) unilateralmente, en todos los casos que se presten a tal acción; (b) bilateralmente, mediante negociaciones con otros Estados participantes; (c) multilateralmente, mediante reuniones de expertos de los Estados participantes, así como den- tro del marco de las organizaciones internacionales existentes, tales como la Comisión Económica para Europa de las Naciones Unidas y la UNESCO, en lo que se refiere a la cooperación en los cam- pos de la educación, la ciencia y la cultura;

2. Declaran, además, que están resueltos a continuar el proceso multilateral iniciado por la Con- ferencia: (a) procediendo a un intercambio a fondo de opiniones sobre la aplicación de las disposiciones del Acta Final y la ejecución de las tareas definidas por la Conferencia (…) (…)

El texto de la presente Acta Final se publicará en cada Estado participante, que lo difundirá y dará a conocer con la mayor amplitud posible.

11 2.2.1 Disposiciones generales, incluida la educación en derechos humanos

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Reafirman su determinación de respetar plenamente y aplicar estos principios y, consecuentemente, conferirles por todos los medios una eficacia creciente tanto jurídica como práctica. Estiman que uno de dichos medios podría ser dar expresión legal -en las formas adecuadas a las prácticas y pro- cedimientos específicos de cada país- a los diez principios establecidos en el Acta Final. (…)

Reafirman la especial importancia de la Declaración Universal de los Derechos Humanos, los Pac- tos Internacionales de Derechos Humanos y otros instrumentos internacionales pertinentes para los esfuerzos que realizan tanto conjunta como separadamente para alentar y desarrollar el res- peto universal de los derechos humanos y las libertades fundamentales; hacen un llamamiento a todos los Estados participantes para que actúen de conformidad con dichos instrumentos inter- nacionales y a aquellos Estados participantes que todavía no lo hayan hecho a que consideren la posibilidad de adherirse a los pactos.

Copenhague 1990

(5) [Los Estados participantes] declaran solemnemente que entre los elementos de justicia que son esenciales para la plena expresión de la dignidad inherente y de los derechos iguales e inalienables de todos los seres humanos figuran los siguientes: (…) (5.21) – a fin de complementar los recursos internos y de garantizar mejor el respeto por parte de los Estados participantes de las obligaciones internacionales por ellos asumidas, los Estados par- ticipantes estudiarán la manera de adherirse a una convención internacional de carácter regional o universal relativa a la protección de los derechos humanos, tal como el Convenio Europeo sobre Derechos Humanos o el Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Polí- ticos, que prevén procedimientos de recurso individual ante instancias internacionales.

Moscú 1991

(42) Los Estados participantes (42.1) – afirman que la educación en materia de derechos humanos es fundamental y que, por lo tanto, es indispensable que sus ciudadanos reciban educación acerca de los derechos humanos y las libertades fundamentales y acerca del compromiso de respetar esos derechos y libertades que figu- ran en la legislación nacional y en los instrumentos internacionales de los que pudieran ser partes; (42.2) – reconocen que la educación efectiva en materia de derechos humanos contribuye a com- batir la intolerancia, los prejuicios y el odio religiosos, étnicos y raciales, inclusive contra el grupo romaní (gitanos), la xenofobia y el antisemitismo; (42.3) – alentarán a sus autoridades competentes encargadas de los programas de educación para que elaboren programas de estudio y cursos efectivos sobre derechos humanos para estudiantes de todos los niveles, particularmente estudiantes de derecho, administración y ciencias sociales, así como para los que asisten a escuelas militares, de policía y de administración pública; (42.4) – pondrán a disposición de sus educadores la información relativa a todas las disposiciones sobre la dimensión humana de la CSCE; (42.5) – alentarán a las organizaciones y a las instituciones educativas a que cooperen en el estableci- miento e intercambio de programas de derechos humanos, tanto a nivel nacional como internacional;

12 2.2.1 Disposiciones generales, incluida la educación en derechos humanos

(42.6) – procurarán garantizar que las actividades emprendidas con miras a fomentar la educación en materia de derechos humanos en el sentido más amplio tengan en cuenta la experiencia, pro- gramas y formas de cooperación de los órganos internacionales existentes, gubernamentales y no 2 gubernamentales, tales como las Naciones Unidas y el Consejo de Europa.

Liubliana 2005 (Decisión nº 11/05 relativa al Fomento de la educación y la formación en materia de derechos humanos en el área de la OSCE)

El Consejo Ministerial, (…)

Reconociendo que la promoción de los derechos humanos mediante la educación y la formación en toda el área de la OSCE podría enmarcarse en el contexto del concepto integral de la seguridad adoptado por la Organización, y que es esencial para el fortalecimiento del respeto de los dere- chos humanos y de las libertades fundamentales, así como para el fomento de la tolerancia y la no discriminación,

Reconociendo también el valor añadido que puede tener una cooperación polifacética que incluya consultas, cooperación y coordinación con organizaciones internacionales y regionales pertinen- tes, así como los beneficios mutuos que los países pueden extraer de sus respectivas experiencias y capacidades en la esfera de la educación y la formación en materia de derechos humanos,

Teniendo en cuenta los esfuerzos realizados por otras organizaciones internacionales, especial- mente el Programa Mundial de las Naciones Unidas para la educación en derechos humanos, el Programa de educación para la ciudadanía democrática y el programa juvenil “Todos diferentes todos iguales”, del Consejo de Europa, y la Iniciativa Europea para la Democracia y los Derechos Humanos, de la Unión Europea, así como los programas que se llevan a cabo a nivel nacional,

Reconociendo la contribución aportada por la OIDDH y por otras estructuras, instituciones, y ope- raciones sobre el terreno de la OSCE al fomento de la educación y la formación en materia de dere- chos humanos, en cooperación con los Estados participantes,

Decidido a seguir fortaleciendo la labor de la Organización encaminada a promover los progra- mas de educación y formación en materia de derechos humanos en el área de la OSCE, así como a ampliar el respaldo que presta la OSCE a los Estados participantes que lo solicitan para la puesta en práctica de sus respectivos programas nacionales en esa esfera,

Invita a los Estados participantes a que, con la colaboración de la sociedad civil, sigan mejorando la educación sistemática impartida en materia de derechos humanos y los programas de forma- ción destinados a fomentar el respeto de la dignidad inherente a todo ser humano, y a que hagan de los derechos humanos una realidad aplicable a cada persona, así como a todas las comunida- des y a la sociedad en general;

Decide que la OSCE refuerce su colaboración con otras organizaciones internacionales y no guber- namentales a fin de que se adopten las medidas necesarias encaminadas a promover la educación y la formación en materia de derechos humanos, haciendo especial hincapié en los jóvenes del área de la OSCE; (…)

13 2.2.2 Métodos de aplicación

2.2.2 Métodos de aplicación

Helsinki 1992 (Decisiones: I. Fortalecimiento de las instituciones y estructuras de la CSCE)

(26) El examen cabal del cumplimiento de los compromisos de la CSCE seguirá desempeñando un papel destacado en las actividades de la CSCE, intensificando de ese modo la cooperación entre los Estados participantes.

(27) Los exámenes del cumplimiento se llevarán a cabo con regularidad en conferencias de revi- sión, así como en reuniones especiales convocadas con ese fin en la OIDDH, CPC y el CAF reunido como Foro Económico tal como se prevé en los documentos pertinentes de la CSCE.

(28) Estos exámenes del cumplimiento serán de carácter cooperativo y de alcance global, aunque al mismo tiempo abordarán cuestiones específicas.

(29) Se pedirá a los Estados participantes que proporcionen contribuciones sobre su experiencia con relación al cumplimiento, en particular con respecto a las dificultades con que han trope- zado, y que den sus opiniones sobre el cumplimiento en toda la región de la CSCE. Se alienta a los Estados participantes a que distribuyan descripciones de sus contribuciones antes de la reunión.

(30) Los exámenes deben proporcionar la posibilidad de indicar las medidas que puedan ser nece- sarias para abordar los problemas. Las reuniones en las que se lleven a cabo exámenes del cumpli- miento podrán señalar a la atención del CAF cualquier sugerencia relativa a medidas destinadas a mejorar el cumplimiento que puedan considerar conveniente.

Budapest 1994 (Declaración de la Cumbre)

14. (…) Exámenes periódicos del cumplimiento de nuestros compromisos, si bien son fundamen- tales para toda la CSCE, cobran para la Dimensión Humana una importancia decisiva.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

5. Basándose en las estructuras de revisión de la aplicación del Documento de Helsinki 1992 y con el fin de mejorar la aplicación de la Dimensión Humana, los Estados participantes utilizarán al Consejo Permanente para incrementar el diálogo sobre la Dimensión Humana y para la adopción de posibles medidas en los casos de no aplicación de los compromisos de la Dimensión Humana. Con este fin, los Estados participantes deciden que las cuestiones de la Dimensión Humana figu- ren regularmente en las deliberaciones del Consejo Permanente (…)

6. Los Estados participantes alentarán al Presidente en ejercicio a que informe al Consejo Perma- nente acerca de los casos graves de presunto incumplimiento de los compromisos sobre la Dimen- sión Humana, inclusive sobre la base de información de la OIDDH, informes y recomendaciones del Alto Comisionado para las Minorías Nacionales (ACMN), o los informes del jefe de una misión de la CSCE, así como información del Estado interesado.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

14. (…) Reafirmamos a título individual nuestra voluntad de cumplir plenamente nuestros com- promisos. También tenemos la responsabilidad conjunta de defender los principios de la OSCE (...) Cooperaremos con espíritu de solidaridad y asociativo al examen continuo de su aplicación (…)

14 2.2.2 Métodos de aplicación

Bruselas 2006 (Decisión n° 17/06 relativa a la mejora del proceso de consultas)

El Consejo Ministerial, (…) 2 Decide establecer los siguientes comités, en calidad de órganos subsidiarios informales del Con- sejo Permanente: (…)

Un Comité de la Dimensión Humana, que desempeñará las siguientes tareas

Debatir cuestiones relativas a la dimensión humana, incluido el cumplimiento de los compromi- sos de los Estados participantes;

Prestar apoyo a los preparativos de las reuniones sobre las aplicaciones de la dimensión humana y otras reuniones dedicadas a dicha dimensión;

Estudiar, cuando se lo pida la Presidencia tras haber consultado al respecto con los Estados par- ticipantes, toda cuestión interdimensional que guarde alguna relación especial con la dimensión humana;

Debatir las recomendaciones presentadas al Consejo Permanente concernientes al programa de trabajo, así como toda medida de seguimiento que proceda dar a las recomendaciones formuladas en las reuniones de la dimensión humana;

Decide además que:

Al principio de cada año, la Presidencia, obrando en consulta con los Estados participantes, vuelva a definir las tareas de los tres Comités anteriormente mencionados y les señale un programa de tra- bajo que sea reflejo de los objetivos y las prioridades de la Organización, y en el que se preste ade- más la debida atención a las cuestiones interdimensionales que estén en curso de ser examinadas. (…)

Los Comités antes mencionados se reunirán de modo informal, y deberán informar, por conducto del Comité Preparatorio, al Consejo Permanente, ocupándose además de prestarle, por dicho con- ducto, asesoramiento, así como de presentarle recomendaciones y de prepararle toda decisión que sea del caso. Las disposiciones pertinentes del Reglamento de la OSCE, particularmente las de su capítulo V(A), serán aplicables a la labor de los tres Comités. (…)

Por regla general, cada Comité se reunirá al menos una vez al mes. Por iniciativa de la Presiden- cia, o del presidente del Comité respectivo, o a petición de uno o más Estados participantes, cada Comité se podrá reunir tan a menudo como sea necesario, siempre que sea preciso celebrar con- sultas o se haya de preparar una decisión para su adopción por el Consejo Permanente. La Presi- dencia y los presidentes de cada Comité evitarán convocar reuniones simultáneas de dos o más órganos subsidiarios informales.

Los Comités podrán examinar toda cuestión que sea de su competencia, obrando a instancia de la Presidencia, del Consejo Permanente o de uno o más Estados participantes.

15 2.2.3 Observación

La participación en las reuniones de los tres nuevos Comités, así establecidos, se regirá por lo dis- puesto en los párrafos 6 a 9 del capítulo V(A) del Reglamento de la OSCE, al igual que si se tratara de una reunión del Comité Preparatorio.

La Secretaría de la OSCE prestará apoyo a las actividades de cada uno de los Comités.

La presente decisión será aplicable por un período de un año, a partir del 1 de enero de 2007, y será examinada por el Consejo Permanente, al finalizar el año, con miras a tomar una decisión acerca de su posible prórroga, a la luz de la experiencia adquirida con esos tres nuevos órganos subsidiarios.

Bruselas 2006 (Decisión N° 19/06 relativa al fortalecimiento de la eficiencia de la OSCE)

El Consejo Ministerial, (…)

2. Reconoce que la OIDDH ha demostrado, en la ejecución de su mandato, su capacidad para pres- tar asistencia a los Estados participantes en el cumplimiento de sus compromisos en el marco de la dimensión humana;

3. Recuerda a los Estados participantes su deber de alinear su legislación y sus prácticas concer- nientes a la dimensión humana con los compromisos asumidos en el seno de la OSCE;

5. Encomienda al Consejo Permanente la tarea de responder, a la luz de las recomendaciones de la OIDDH y de otras instituciones pertinentes de la OSCE, a todo reto que dificulte el cumplimiento de los compromisos en los ámbitos señalados en el informe, estudiando la manera de aprovechar mejor la asistencia de la OIDDH; (…)

2.2.3 Observación

Copenhague 1990

(8) Estados participantes consideran que la presencia de observadores, ya sean extranjeros o nacionales, puede realzar el proceso electoral de los Estados en que se celebren elecciones. Por consiguiente, permitirán a observadores de otros Estados participantes de la CSCE, así como a instituciones y organizaciones privadas adecuadas que lo deseen, observar el curso de sus pro- cesos electorales nacionales, en la medida permitida por la ley. Asimismo, contribuirán a facilitar un acceso similar a los procesos electorales de nivel inferior al nacional. Dichos observadores no interferirán en los procesos electorales. (…)

16 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

de organizaciones no gubernamentales y otras personas interesadas en las actuaciones ante los tribunales, conforme a lo previsto en la legislación nacional y en el derecho internacional; queda entendido que las actuaciones sólo podrán celebrarse in camera en las circunstancias prescritas 2 por la ley y que sean compatibles con las obligaciones contraídas en virtud del derecho interna- cional y de los compromisos internacionales.

2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

14. (…) Reafirmamos a título individual nuestra voluntad de cumplir plenamente nuestros com- promisos. Asumimos también la responsabilidad conjunta de hacer respetar los principios de la OSCE. Estamos (...) dispuestos a utilizar los instrumentos, herramientas y mecanismos de la OSCE (...) Cooperaremos con espíritu de solidaridad y asociativo al examen continuo de su aplicación.

A. Mecanismo de Viena

Viena 1989 (Dimensión humana de la CSCE)

Los Estados participantes,

Recordando las obligaciones contraídas en el Acta Final y en otros documentos de la CSCE, rela- tivas al respeto de todos los derechos humanos y libertades fundamentales, así como a los contac- tos entre personas y otras cuestiones humanitarias,

Reconociendo la necesidad de mejorar el cumplimiento de sus compromisos contraídos en el marco de la CSCE y su cooperación en estas materias, que se denominarán en lo sucesivo «dimensión humana de la CSCE»,

Han decidido, sobre la base de los principios y disposiciones del Acta Final y de otros documen- tos pertinentes de la CSCE, lo siguiente:

1. intercambiar información sobre cuestiones relativas a la dimensión humana de la CSCE y res- ponder a las peticiones de información y a las representaciones que sobre esas cuestiones les diri- jan otros Estados participantes. Tales comunicaciones podrán transmitirse por vía diplomática o dirigirse al organismo que para tales funciones se pueda designar;

2. celebrar con otros Estados participantes que lo soliciten reuniones bilaterales, con el fin de exa- minar cuestiones relativas a la dimensión humana de la CSCE, incluidos situaciones y casos espe- cíficos, con miras a resolverlos. La fecha y lugar de tales reuniones se decidirán mediante acuerdo mutuo por vía diplomática;

3. que cualquier Estado participante pueda señalar a la atención de otros Estados participantes, si se estima necesario, por vía diplomática, situaciones y casos pertenecientes al ámbito de la dimen- sión humana de la CSCE, incluidos los que se hayan suscitado en las reuniones bilaterales descri- tas en el párrafo 2;

4. que cualquier Estado participante pueda informar, si se estima necesario, a las reuniones de la Conferencia sobre la Dimensión Humana y a las reuniones principales de continuidad de la CSCE, sobre los intercambios de información y las respuestas a sus peticiones de información y a las

17 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

representaciones (párrafo 1), así como sobre los resultados de las reuniones bilaterales (párrafo 2), incluida información sobre situaciones y casos específicos. (…)

Copenhague 1990

(42) Los Estados participantes reconocen la necesidad de reforzar aún más la eficacia de los pro- cedimientos descritos en los párrafos 1 a 4 de la sección sobre la dimensión humana de la CSCE del Documento de Clausura de Viena, y con esta finalidad deciden (42.1) – proporcionar lo antes posible, pero como máximo en un lapso de cuatro semanas, una res- puesta escrita a las solicitudes de información y a las representaciones que les hagan por escrito otros Estados participantes en virtud del párrafo 1; (42.2) – que las reuniones bilaterales, como figuran en el párrafo 2, tendrán lugar lo antes posible, como norma dentro de un período de tres semanas a contar desde la fecha de la solicitud; (42.3) – abstenerse en el curso de una reunión bilateral, celebrada en virtud del párrafo 2, de plan- tear situaciones y casos que no tengan relación con el tema de la reunión, salvo que ambas partes hayan acordado hacerlo.

B. Mecanismo de Moscú

Moscú 1991 (Preámbulo y Sección – modificado por Roma 1993)

Con miras a reforzar y ampliar el mecanismo de la dimensión humana, descrito en la sección rela- tiva a la dimensión humana de la CSCE en el Documento de Clausura de la Reunión de Viena, y desarrollar y afirmar los compromisos contenidos en el Documento de la Reunión de Copenha- gue de la Conferencia sobre la Dimensión Humana de la CSCE, los Estados participantes adop- tan lo siguiente: (…)

(1) Los Estados participantes destacan que el mecanismo de la dimensión humana descrito en los párrafos 1 a 4 de la sección sobre la dimensión humana de la CSCE del Documento de Clausura de Viena constituye un logro fundamental del proceso de la CSCE, que ha demostrado su utili- dad como método para fomentar el respeto de los derechos humanos, las libertades fundamenta- les, la democracia y el estado de derecho mediante el diálogo y la cooperación, y ha contribuido a la solución de cuestiones específicas pertinentes. Para seguir mejorando el cumplimiento de los compromisos de la CSCE en la dimensión humana, deciden aumentar la eficacia de este meca- nismo, y reforzarlo y ampliarlo según se indica en los párrafos siguientes.

(2) Los Estados participantes modifican los párrafos 42.1 y 42.2 del Documento de la Reunión de Copenhague por cuanto proporcionarán en el plazo de tiempo más breve posible, a más tardar transcurridos diez días, una respuesta escrita a las peticiones de información y a las solicitudes formuladas por escrito por otros Estados participantes en virtud del párrafo 1 del mecanismo de la dimensión humana. Con arreglo a lo dispuesto en el párrafo 2 del mecanismo de la dimensión humana, se celebrarán reuniones bilaterales lo antes posible, por lo general dentro de la semana siguiente a la fecha de la solicitud.

18 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

(3) Se establecerá sin demora en la institución de la CSCE* una lista de hasta seis expertos desig- nados por cada estado participante. Los expertos serán personas eminentes, con inclusión, cuando sea posible, de expertos con experiencia en cuestiones de minorías nacionales, preferentemente 2 experimentadas en la esfera de la dimensión humana de las que cabe esperar un desempeño impar- cial de sus funciones.

El Consejo decidirá sobre la institución. Los expertos serán designados por un plazo de tres a seis años, a discreción del Estado que los designe, pero ningún experto cumplirá más de dos manda- tos consecutivos. Transcurridas cuatro semanas de la notificación de la designación por parte de la Institución de la CSCE, todo Estado participantes podrá formular reservas con respecto a no más de dos expertos cuya designación corresponda a otro Estado participantes. En este caso, el Estado que efectúe la designación podrá, en el plazo de cuatro semanas después de haber sido informado de dichas reservas, volver a considerar su decisión y designar otro (u otros) experto(s): si confirma la designación originalmente pretendida, el experto de que se trate no podrá participar en nin- gún procedimiento con respecto al Estado que haya formulado la reserva, salvo consentimiento expreso de dicho Estado.

La lista será operativa tan pronto como se hayan designado 45 expertos.

(4) Todo Estado participantes podrá pedir la ayuda de una misión de la CSCE compuesta por hasta tres expertos, para ocuparse de la solución de cuestiones en su territorio relativas a la dimensión humana de la CSCE o contribuir a dicha solución. En estos casos, el Estado elegirá a la persona o personas de que se trate entre las que figuren en la lista. La misión de expertos no incluirá a nacio- nales o residentes del Estado participante de que se trate ni a Ninguna de las personas que haya designado para la lista de expertos, ni tampoco a más de un nacional o residente de cada Estado en concreto.

El Estado invitante informará sin demora a la Institución de la CSCE cuando se haya establecido una misión de expertos, y la Institución a su vez lo notificará a todos los Estados participantes. Asimismo, cuando sea necesario, las instituciones de la CSCE proporcionarán apoyo adecuado a esa misión.

(5) La finalidad de las misiones de expertos es facilitar la solución de una cuestión o problema, en particular relativo a la dimensión humana de la CSCE. Estas misiones podrán reunir la información necesaria para realizar sus tareas y, cuando proceda, utilizar sus buenos oficios y servicios de media- ción para fomentar el diálogo y la cooperación entre las partes interesadas. El Estado de que se trate acordará con la misión el mandato concreto y, por consiguiente, podrá asignar nuevas funciones a la misión de expertos, entre otras, tareas de investigación y servicios de asesoramiento, con el fin de sugerir medios y procedimientos para facilitar la observancia de los compromisos de la CSCE.

(6) El Estado invitante cooperará plenamente con la misión de expertos y facilitará su labor. Con- cederá a la misión todas las facilidades necesarias para el ejercicio independiente de sus funcio- nes. Entre otras cosas, autorizará a la misión, a fin de que realice su labor, a que entre sin demora en su territorio, celebre discusiones y viaje libremente dentro de dicho territorio, y se reúna libre- mente con funcionarios, organizaciones no gubernamentales y cualquier grupo o persona de los que desee recibir información. La misión también podrá recibir información confidencial de indi- viduos, grupos u organizaciones sobre las cuestiones de que se ocupe. Los miembros de estas misio- nes respetarán el carácter confidencial de su labor.

* El Consejo decidirá sobre la institución.

19 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

Los Estados participantes se abstendrán de adoptar medidas contra personas, organizaciones o instituciones debido a su relación con la misión de expertos o a cualquier información a ella trans- mitida, públicamente disponible. El Estado invitante accederá a toda solicitud de una misión de expertos de ser acompañada por funcionarios del Estado, si la misión lo considera necesario para facilitar su labor o garantizar su seguridad.

(7) La misión de expertos presentará sus observaciones al Estado invitante lo antes posible, pre- ferentemente dentro de las tres semanas siguientes a la fecha del establecimiento de la misión. El Estado invitante transmitirá las observaciones de la misión, junto con una descripción de las medi- das que haya adoptado o desee adoptar al respecto, a los demás Estados participantes por medio de la institución de la CSCE, a más tardar dos semanas después de presentadas las observaciones.

El Comité de Altos Funcionarios podrá examinar las observaciones y eventuales comentarios del Estado invitante, y considerar cualquier posible medida complementaria. Las observaciones y comentarios serán confidenciales hasta que se señalen a la atención de los Altos Funcionarios. Antes de que se distribuyan las observaciones, y los comentarios si los hubiere, no podrá desig- narse ninguna otra misión de expertos para el mismo asunto.

(8) Asimismo, uno o más Estados participantes que haya(n) aplicado los párrafos 1 ó 2 del meca- nismo de la dimensión humana podrá(n) pedir que la Institución de la CSCE inquiera de otro Estado participante si estaría de acuerdo en invitar a una misión de expertos para ocuparse de una cuestión concreta, definida claramente en su territorio, en relación con la dimensión humana de la CSCE. Si el otro Estado participante acuerda invitar a una misión de expertos para la finalidad indicada, se aplicará el procedimiento señalado en los párrafos 4 a 7.

(9) Si un Estado participante a) ha formulado una petición a otro Estado participante en virtud del párrafo 8 y dicho Estado no ha establecido una misión de expertos en el plazo de los diez días siguientes a la fecha de la petición, o b) considera que la cuestión de que se trata No ha sido resuelta como consecuencia de una misión de expertos, dicho Estado, con el apoyo por lo menos de otros cinco Estados participantes, podrá proceder al establecimiento de una misión de hasta tres rela- tores de la CSCE. Esta decisión se comunicará a la Institución de la CSCE que la notificará sin demora al Estado interesado, así como a todos los demás Estados participantes.

(10) El Estado o los Estados solicitante(s) podrá(n) designar a una persona de la lista de expertos para que actúe en calidad de relator de la CSCE. El Estado demandado podrá, si así lo decide, en el plazo de los seis días siguientes a la notificación de la designación del relator por parte de la Insti- tución de la CSCE, designar otro relator entre los expertos de la lista. En este caso, los dos relatores designados, que no serán nacionales ni residentes de ninguno de los Estados interesados, ni per- sonas designadas para la lista de expertos por dichos Estados, designarán de común acuerdo y sin demora un tercer relator entre los expertos de la lista. En el caso de que no lleguen a un acuerdo en el plazo de ocho días, el funcionario de más alto grado del órgano de la CSCE designado por el Consejo nombrará un tercer relator, que no será nacional ni residente de ninguno de los Estados interesados, ni tampoco una persona designada para la lista de expertos por ninguno de los Esta- dos interesados. Las disposiciones de la segunda parte del párrafo 4 y de todo el párrafo 6 se apli- carán también a las misiones de relatores.

(11) El relator o relatores de la CSCE determinará(n) los hechos, informará(n) respecto de ellos y podrá(n) proporcionar consejo acerca de posibles soluciones para la cuestión planteada. El informe del relator o relatores, que contenga observaciones de hechos, propuestas o consejos, se presentará al Estado o Estados participante(s) interesado(s) y, a menos de que todos los Estados interesados acuerden otra cosa, a la Institución de la CSCE, a más tardar dos semanas después de que se haya

20 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

designado el último relator. El Estado demandado presentará a la Institución de la CSCE sus even- tuales observaciones sobre el informe, a menos que todos los Estados interesados acuerden otra cosa, a más tardar dos semanas después de la fecha de presentación del informe. 2 La Institución de la CSCE transmitirá sin demora a todos los Estados participantes el informe y las eventuales observaciones del Estado demandado o cualquier otro Estado participante. El informe figurará en el orden del día de la siguiente reunión ordinaria del Comité de Altos Funcionarios o del Comité Permanente de la CSCE, que podrá decidir sobre posibles acciones complementarias. El informe será confidencial hasta que haya finalizado esa reunión del Comité. Antes de que se dis- tribuya el informe no podrá designarse para la misma cuestión ningún otro relator.

(12) Si un Estado participantes considera que en otro Estado participante ha surgido una amenaza especialmente grave contra el cumplimiento de las disposiciones relativas a la dimensión humana de la CSCE podrá, con el apoyo de por lo menos otros nueve Estados participantes, iniciar el pro- cedimiento establecido en el párrafo 10. Se aplicarán las disposiciones del párrafo 11.

(13) A petición de cualquier Estado participante, el Comité de Altos Funcionarios o el Comité Per- manente de la CSCE podrá decidir establecer una misión de expertos o de relatores de la CSCE.

En estos casos el Comité determinará también si se aplicarán las disposiciones adecuadas de los párrafos anteriores.

(14) El Estado o Estados participante(s) que haya(n) pedido el establecimiento de una misión de expertos o de relatores sufragará(n) los gastos de dicha misión. En el caso de designación de exper- tos o relatores en cumplimiento de una decisión del Comité de Altos Funcionarios o del Comité Permanente de la CSCE, los Estados participantes sufragarán los gastos con arreglo al baremo habitual de reparto de gastos. La Reunión de Continuidad de Helsinki de la CSCE examinará estos procedimientos.

(15) Ninguna de las disposiciones anteriores afectará en modo alguno al derecho de los Estados participantes a plantear en el marco del proceso de la CSCE toda cuestión relacionada con el cum- plimiento de cualquier compromiso de la CSCE, incluidos los compromisos relacionados con la dimensión humana de la CSCE.

(16) Al considerar la posibilidad de invocar los procedimientos de los párrafos 9 y 10 ó 12 rela- tivos a una persona individual, los Estados participantes deberían tener en cuenta si el caso de la persona de que se trate ya se encuentra sub judice en un procedimiento judicial internacional.

Praga 1992 (Documento de Praga sobre el ulterior desarrollo de las instituciones y estructuras de la CSCE: III. La Dimensión Humana)

14. Se designa a la Oficina de Instituciones Democráticas y Derechos Humanos como institu- ción de la CSCE encargada de las labores relativas a las misiones de expertos y relatores según el Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE.

Helsinki 1992 (Decisiones: VI. La dimensión humana)

(5) Bajo la orientación general del CAF (…) la OIDDH, en tanto que principal institución de la Dimensión Humana:

21 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

(5a) ayudará a supervisar la aplicación de los compromisos en materia de Dimensión Humana mediante: su actuación como lugar de celebración de reuniones bilaterales en virtud de lo dispuesto en el punto 2 y como canal de información en virtud del punto 3 del Mecanismo de la Dimensión Humana, tal como se establece en el Documento de Clausura de Viena; (…) (5b) actuará como centro de coordinación para la información: sobre un estado de emergencia pública, según lo dispuesto por el párrafo 28.10 del Documento de la Reunión de Moscú de la Con- ferencia sobre la Dimensión Humana; (…)

(7) Con miras a adaptar el Mecanismo de la Dimensión Humana a las actuales estructuras e ins- tituciones de la CSCE, los Estados participantes deciden que:

Todo Estado participante que lo estime necesario podrá facilitar información sobre situaciones y casos que hayan sido objeto de peticiones en virtud de los puntos 1 ó 2 del capítulo sobre “Dimen- sión Humana de la CSCE” del Documento de Clausura de la Reunión de Viena o sobre los resulta- dos de esos procedimientos, a los Estados participantes por conducto de la OIDDH -que Asimismo puede servir de lugar de celebración de reuniones bilaterales en virtud del punto 2- o por vía diplo- mática. Dicha información podrá ser examinada en reuniones del CAF, en reuniones sobre el cum- plimiento de las cuestiones relativas a la Dimensión Humana y en conferencias de revisión (…)

Reuniones de aplicación de las cuestiones relativas a la Dimensión Humana

(8) Los procedimientos relativos al modo de sufragar los gastos de las misiones de expertos y de relatores del Mecanismo de la Dimensión Humana podrán estudiarse en la próxima conferencia de revisión a la luz de la experiencia obtenida.

(9) Todos los años en que no tenga lugar una conferencia de revisión, la OIDDH organizará en su sede una reunión a nivel de expertos, de tres semanas de duración, de todos los Estados partici- pantes para examinar el cumplimiento de los compromisos de la CSCE en la esfera de la Dimen- sión Humana. La reunión desempeñará las tareas siguientes: (9a) intercambio completo de opiniones sobre la aplicación de los compromisos en la esfera de la Dimensión Humana, incluido el examen de la información facilitada según el punto 4 del Meca- nismo de la Dimensión Humana (…)

Budapest 1994 (Decisiones: VIII. La dimensión humana)

5. Basándose en las estructuras de revisión de la aplicación del Documento de Helsinki 1992 y con el fin de mejorar la aplicación de la Dimensión Humana, los Estados participantes utilizarán al Consejo Permanente para incrementar el diálogo sobre la Dimensión Humana y para la adopción de posibles medidas en los casos de no aplicación de los compromisos de la Dimensión Humana. Con este fin, los Estados participantes deciden que las cuestiones de la Dimensión Humana figuren regularmente en las deliberaciones del Consejo Permanente. Los Estados participantes recurrirán más ampliamente a las posibilidades ofrecidas por el Mecanismo de Moscú para examinar o pro- mover la solución en su territorio de cuestiones relacionadas con la dimensión humana de la CSCE.

22 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

del Alto Comisionado para las Minorías Nacionales (ACMN), o los informes del jefe de una misión de la CSCE, así como información del Estado interesado. 2 C. Red contra el terrorismo

Maastricht 2003 (Decisión nº 6/03 relativa al mandato de la red de la OSCE contra el terrorismo)

El Consejo Ministerial,

Decide crear en la OSCE una Red contra el Terrorismo (RCT), con arreglo al mandato otorgado a dicha Red en el anexo de la presente Decisión.

Anexo de la Decisión n° 6/03: Mandato de la red de la OSCE contra el terrorismo)

El objetivo primordial de la Red de la OSCE contra el Terrorismo (RCT) ha de ser promover una mayor coordinación de las medidas de lucha contra el terrorismo y el aprovechamiento en común de la información entre los Estados participantes en la OSCE. Tendrá, en particular, por objetivo reforzar las vías de enlace entre las delegaciones de los Estados participantes, las autoridades encar- gadas de la lucha contra el terrorismo en las capitales, y la Unidad de Acción de la OSCE contra el Terrorismo (UAT).* La Red facilitará un intercambio oportuno de información sobre cursos de capacitación, medidas legislativas y programas de lucha contra el terrorismo la Red facilitará un intercambio oportuno de información sobre cursos de capacitación, medidas legislativas y progra- mas de lucha contra el terrorismo impulsados por la OSCE y los Estados participantes, así como análisis de todas las fuentes de que disponga sobre las tendencias observables en el terrorismo. La Red conferirá primordial importancia a toda tarea de apoyo o complementaria de la labor empren- dida por el Comité establecido por la resolución 1373 (2001) del Consejo de Seguridad para la lucha contra el terrorismo, en orden al cumplimiento de dicha resolución. La RCT no tiene por objeto ni servir de cauce para datos de inteligencia o de índole confidencial, ni duplicar las funciones de otras redes internacionales y regionales que actúan al servicio de la policía.

Cada Estado participante designará un enlace principal que, por conducto de su respectiva dele- gación ante la OSCE, actuará como agente de enlace principal de dicho país con la UAT en todo lo relativo a la lucha contra el terrorismo. Dicho enlace principal velará por que toda comunicación de la UAT llegue a manos de los órganos estatales competentes en la respectiva capital, y por que se informe con igual prontitud tanto a la UAT como a las delegaciones sobre toda novedad en este ámbito en el Estado participante de que se trate. En aras de la coordinación, las comunicaciones por conducto de la RCT entre la UAT y un enlace estatal principal se cursarán, por regla general, a través de la delegación del propio Estado ante la OSCE.

Funciones de la Unidad de Acción contra el Terrorismo (UAT)

1. Informar a los Estados participantes acerca de toda posibilidad de participar en cursos de capa- citación multilaterales y bilaterales, en tareas relacionadas con la lucha contra el terrorismo, y cola- borar con los enlaces principales para que se saque pleno provecho de tales programas.

* El Comité establecido por la resolución 1373 (2001) del Consejo de Seguridad para la lucha contra el terro- rismo está apoyando la creación de redes regionales de este tipo para reforzar la cooperación y la coordinación. El Secretariado del Comité Interamericano Contra el Terrorismo (CICTE) ha desarrollado ya, en el seno de la Organización de los Estados Americanos, una red regional de puntos de contacto para el hemisferio. La Uni- dad de Acción contra el Terrorismo agradece y reconoce el asesoramiento y la asistencia prestados por el CICTE para el desarrollo de la Red de la OSCE contra el Terrorismo.

23 2.2.4 Mecanismos de la dimensión humana y otros mecanismos relevantes

2. Coordinar y facilitar las diversas actividades de la OSCE contra el terrorismo, especialmente sus programas de asistencia para el desarrollo de servicios especiales, así como sus talleres de capa- citación y de preparación para casos de emergencia, con miras a utilizar eficazmente los recursos y evitar la duplicación de tareas.

3. Responder oportunamente a la información facilitada y a toda medida solicitada por los enla- ces principales.

4. Velar por que, por conducto de su respectiva delegación, se mantenga plenamente informados a los enlaces principales acerca de toda novedad importante en materia de lucha contra el terro- rismo que pueda afectar a la región de la OSCE, distribuyendo periódicamente, por correo electró- nico, un boletín de la UAT, y actualizando con regularidad la página web de la Unidad de Acción de la OSCE contra el Terrorismo.

5. Coordinar detalles con el enlace principal, comunicándose con él por conducto de la respectiva delegación, siempre que algún cargo de la UAT haya de viajar en misión de servicio a un Estado participante.

Responsabilidades de los enlaces principales

1. Velar por que toda comunicación de la UAT llegue al departamento estatal competente, y por que las respuestas a la UAT se cursen a tiempo.

2. Informar a la UAT acerca de toda novedad importante en materia de lucha contra el terrorismo, tal como toda nueva ley antiterrorista, programas de asistencia* o capacitación antiterrorista y prác- ticas recomendadas al respecto en el ámbito interno.

3. Facilitar información acerca de todo seminario, taller o conferencia, que concierna a algún tema de interés para la lucha contra el terrorismo, cuyo organizador sea un Estado participante y al que puedan asistir participantes de otros países.

4. Actuar como coordinador principal de las conferencias, talleres y seminarios de la OSCE con- tra el terrorismo en los que intervenga el Estado participante del enlace.

5. Coordinar, indicar prioridades y comunicar, en nombre del Estado participante interesado, las necesidades en materia de capacitación y de asistencia, así como toda petición relacionada con tareas de la lucha antiterrorista que la OSCE pudiera respaldar o facilitar (…)

D. Otros mecanismos

Praga 1992 (Documento de Praga sobre el ulterior desarrollo de las instituciones y estructuras de la CSCE: IV. Salvaguardia de los derechos humanos, la democracia y el estado de derecho)

16. Con el fin de seguir desarrollando la capacidad de la CSCE de salvaguardar los derechos huma- nos, la democracia y el estado de derecho por medios pacíficos, el Consejo decidió que el propio Consejo o el Comité de Altos Funcionarios, en caso necesario sin el consentimiento del Estado interesado, pueda adoptar medidas adecuadas en casos de violaciones claras, graves y no corregidas

* La UAT de la OSCE se sirve de las notificaciones oficiales de ratificación publicadas en el sitio web de cada depo- sitario de un instrumento antiterrorista, lo que permite disponer de información precisa.

24 2.3 Socios para la aplicación

de los compromisos pertinentes de la CSCE. Estas medidas consistirían en declaraciones políti- cas u otras medidas políticas aplicables fuera del territorio del Estado en cuestión. Esta decisión se entenderá sin perjuicio de los mecanismos existentes de la CSCE. 2 Helsinki 1992 (Decisiones: I. Fortalecimiento de las instituciones y estructuras de la CSCE)

(22) Al ocuparse de una crisis o conflicto, el Presidente en ejercicio podrá, por iniciativa propia, designar a un representante personal con unas atribuciones claras y precisas para que le preste su apoyo. El Presidente en ejercicio comunicará al CAF su intención de nombrar a un representante personal y sus atribuciones. En sus informes al Consejo/CAF, el Presidente en ejercicio incluirá información sobre las actividades del representante personal así como cualquier observación hecha o consejo dado por este último

Sofía 2004 (Decisión n° 12/04 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

5. Se felicita por la intención del Presidente en ejercicio de nombrar, de conformidad con la Deci- sión N° 8 del Consejo Ministerial de Oporto, a tres representantes personales suyos, como parte del esfuerzo general de la OSCE contra la discriminación y en aras de la tolerancia. Los gastos de los representantes personales se sufragarán con cargo a contribuciones extrapresupuestarias.

2.3 Socios para la aplicación

2.3.1 Gobiernos, órganos gubernamentales e instituciones

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

[Los Estados participantes] (…) confirman que los gobiernos, instituciones, organizaciones y per- sonas tienen un papel importante y positivo que desempeñar para contribuir al logro de estos objetivos de su cooperación.

Copenhague 1990 (Preámbulo)

[Los Estados participantes] (…) reconocen que la cooperación entre ellos, así como la activa par- ticipación de personas, grupos, organizaciones e instituciones es esencial para garantizar conti- nuos progresos hacia el logro de sus objetivos comunes.

Moscú 1991 (Preámbulo)

Los Estados participantes (…) expresan su determinación de cumplir todos sus compromisos en el campo de la dimensión humana y de solucionar por medios pacíficos cualquier problema conexo, individual y colectivamente, sobre la base del respeto mutuo y de la cooperación. A este respecto, reconocen que es esencial la participación activa de personas, grupos, organizaciones e institucio- nes para lograr constantes progresos en este sentido.

25 2.3.2 Gobiernos de terceros países y organizaciones internacionales

2.3.2 Gobiernos de terceros países y organizaciones internacionales

Helsinki 1992 (Declaración de la Cumbre)

7. Reafirmamos la validez de los principios rectores y de los valores comunes contenidos en el Acta Final de Helsinki y en la Carta de París, expresión de las responsabilidades de los Estados entre sí y de los gobiernos hacia sus pueblos. Son la conciencia colectiva de nuestra comunidad. Recono- cemos nuestra responsabilidad mutua en su cumplimiento. Subrayamos los derechos democráti- cos de los ciudadanos a exigir de sus gobiernos el respeto de esos valores y normas.

Helsinki 1992 (Decisiones: IV. Relaciones con las organizaciones internacionales, Relaciones con los Estados no participantes, Cometido de las organizaciones no gubernamentales (ONG).

(1) (…) El éxito de los esfuerzos por consolidar un orden pacífico y democrático duradero y llevar adelante el proceso de cambio requiere una aportación más estructurada y sustantiva de los gru- pos, los particulares, los Estados y las organizaciones al margen del proceso de la CSCE.

Con este fin, los Estados participantes han decidido:

Relaciones con las organizaciones internacionales

(2) Los Estados participantes, reiterando los compromisos que han asumido al suscribir la Carta de las Naciones Unidas, declaran que, a su entender, la CSCE es un acuerdo regional en el sentido del Capítulo VIII de la Carta de las Naciones Unidas y como tal constituye un vínculo importante entre la seguridad europea y la mundial (…)

(3) Recordando las decisiones pertinentes del Documento de Praga, los Estados participantes mejo- rarán los contactos y la cooperación práctica con las organizaciones internacionales adecuadas. (…)

Relaciones con Estados mediterráneos no participantes

(7) Recordando las disposiciones del Acta Final y otros documentos pertinentes de la CSCE y de conformidad con la práctica establecida, se invitará a los Estados mediterráneos no participantes a que sigan contribuyendo a las actividades de la CSCE. (…)

Relaciones con Estados no participantes

(9) (…) los Estados participantes se proponen profundizar su cooperación y entablar una relación sólida con Estados no participantes, tales como el Japón, que muestren interés por la CSCE, com- partan sus principios y objetivos y estén comprometidos activamente en la cooperación europea a través de organizaciones pertinentes.

Lisboa 1996 (Declaración de Lisboa sobre un modelo común y global de seguridad para Europa en el siglo XXI)

5. Reconocemos que, dentro de la OSCE, los Estados son responsables del cumplimiento de los compromisos de la OSCE ante sus ciudadanos y ante los demás Estados.

26 2.3.2 Gobiernos de terceros países y organizaciones internacionales

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

14. (…) Hoy nos comprometemos a adoptar, tanto en la OSCE como en aquellas organizaciones 2 de las que somos miembros, medidas conjuntas basadas en la cooperación para brindar asistencia a los Estados participantes a fin de facilitar la observancia de los principios y compromisos de la OSCE. Fortaleceremos los instrumentos de cooperación existentes y desarrollaremos otros nuevos a fin de responder de forma más eficaz a las solicitudes de ayuda de los Estados participantes (…)

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

Cooperación con otras organizaciones e instituciones internacionales

52. La interacción de la OSCE con otras organizaciones e instituciones se basa en su Plataforma para la Seguridad Cooperativa. Donde los Estados participantes se comprometieron a esforzarse por desarrollar una mayor cohesión política y operativa entre todos los órganos que se ocupan de la seguridad, tanto al responder a toda amenaza existente como al preparar su respuesta frente a nuevos desafíos y amenazas (…)

53. Nuestra cooperación actual con otras organizaciones e instituciones está inspirada en un diá- logo político y una labor de coordinación estructurada sobre cuestiones temáticas o de índole regional surgidas en toda el área de la OSCE, así como en nuestros comunes valores y objetivos.

54. La OSCE trata de ampliar sus relaciones con todas las organizaciones e instituciones que estén interesadas en el fomento de la seguridad global en el área de la OSCE (…)

Astana 2010

3. (…) Reafirmamos Asimismo que todos los principios y compromisos de la OSCE, sin excepción, se aplican por igual a cada uno de los Estados participantes, y ponemos de relieve que debemos (…) ser responsables los unos ante los otros de su plena aplicación. (…)

10. Reconocemos que la seguridad del área de la OSCE está unida indisolublemente a la de las áreas adyacentes, sobre todo en el Mediterráneo y en Asia. Debemos por tanto mejorar el nivel de nues- tra interacción con nuestros Socios para la Cooperación. En particular, destacamos la necesidad de contribuir eficazmente, en función de la capacidad y del interés nacional de cada Estado par- ticipante, a la labor colectiva internacional por promover un Afganistán estable, independiente, próspero y democrático.

Vilnius 2011 Decisión nº 5/11 relativa a socios para la cooperación)

El Consejo Ministerial, (…)

Plenamente convencido de que la seguridad en el área de la OSCE está unida indisolublemente a la de las regiones de los Socios para la Cooperación, y reafirmando nuestro compromiso de intensifi- car el diálogo y la cooperación con los Socios mediterráneos y asiáticos para la Cooperación, y de reforzar nuestra capacidad de dar respuesta a las necesidades y prioridades identificadas por los Socios, sobre la base de las normas, los principios y los compromisos de la OSCE,

27 2.3.2 Gobiernos de terceros países y organizaciones internacionales

Reconociendo los procesos de transición democrática y los cambios políticos, económicos y socia- les que han tenido lugar en algunos Socios mediterráneos durante 2011,

Elogiando los procesos de reformas voluntarias llevados a cabo por algunos países Socios de la región del Mediterráneo,

Reconociendo la diversidad de cada país y su derecho a desarrollar un modelo político propio, observando valores universales tales como los derechos humanos y la dignidad,

Conviniendo en que la experiencia de la OSCE en diversos ámbitos puede resultar interesante y potencialmente beneficiosa para sus Socios, teniendo Asimismo plenamente en cuenta que ellos son los principales responsables de elegir sus opciones políticas nacionales, así como su patrimo- nio específico político, social, cultural y religioso, y en consonancia con sus necesidades, objeti- vos y prioridades nacionales,

Reafirmando la disposición de la OSCE, (…) a brindar asistencia a los Socios para la Cooperación, cuando proceda, en la aplicación voluntaria de las normas, principios y compromisos de la OSCE,

Reconociendo el importante papel que desempeña la sociedad civil en los países Socios para la Cooperación, en cuanto al fomento de la democracia, el Estado de derecho, y el pleno respeto de los derechos humanos y las libertades fundamentales,

Acogiendo con satisfacción los progresos realizados en los últimos años mediante el diálogo y la cooperación con nuestros Socios mediterráneos y asiáticos para la Cooperación, incluida su par- ticipación más activa en las reuniones y actividades de la OSCE, incluso en la puesta en práctica de proyectos conjuntos, (…)

Reiterando nuestro apoyo a la cooperación de la Asamblea Parlamentaria de la OSCE con los Socios, que incluye también la celebración del Foro Parlamentario anual sobre la región del Mediterráneo, y tomando nota de la labor realizada por la Asamblea Parlamentaria de la OSCE a ese respecto,

1. Decide seguir mejorando la Asociación para la Cooperación mediante la ampliación del diá- logo, intensificando las consultas políticas, fortaleciendo la cooperación práctica y manteniendo los intercambios de prácticas recomendables y experiencias adquiridas en el desarrollo de una segu- ridad integral, cooperativa e indivisible en las tres Dimensiones de la OSCE, de conformidad con las necesidades y prioridades que identifiquen los Socios;

2. Alienta a los órganos ejecutivos de la OSCE, de conformidad con sus mandatos y los procedi- mientos establecidos, a colaborar con los Socios mediante una cooperación práctica en cada una de las tres Dimensiones, teniendo también en cuenta las conferencias anuales de los Socios, facilitando asesoramiento de expertos e intercambio de información sobre prácticas recomendables y experien- cias, si así lo solicitan los Socios, basándose en decisiones pertinentes de la OSCE cuando sea nece- sario, e invita a los Socios a que aumenten su nivel de participación en las actividades de la OSCE;

3. Decide, en el contexto de la Asociación, redoblar esfuerzos con objeto de promover las normas, los principios y los compromisos de la OSCE mediante contactos para coordinarse con otras orga- nizaciones regionales e internacionales, en particular con las Naciones Unidas, sobre todo a tra- vés del intercambio de prácticas recomendables y experiencias, y mediante proyectos y actividades conjuntas en cada una de las tres Dimensiones, según proceda;

28 2.3.2 Gobiernos de terceros países y organizaciones internacionales

4. Pide a la Presidencia de la OSCE y a los Grupos de Contacto, junto con el Secretario Gene- ral, que fortalezcan y sigan desarrollando el diálogo periódico de alto nivel con los Socios para la Cooperación, a fin de mejorar el entendimiento mutuo y velar por una asistencia y respaldo polí- 2 ticos de alto nivel para los Socios para la Cooperación, en los que se tengan en cuenta sus necesi- dades y prioridades;

5. Pide a los órganos ejecutivos de la OSCE que, en el marco de sus mandatos, fomenten una mayor participación de funcionarios y representantes de la sociedad civil de los Socios para la Coopera- ción en las actividades pertinentes de la OSCE, y que se sirvan del Fondo de Asociación para ese fin, cuando proceda;

6. Encomienda al Secretario General que, en consulta con la Presidencia de la OSCE, examine vías de posible cooperación práctica y orientada a la consecución de resultados con los Socios, en coor- dinación con las Naciones Unidas y otras organizaciones e instituciones regionales e internacio- nales pertinentes, y que elabore propuestas, cuando proceda, para la adopción de nuevas medidas por el Consejo Permanente;

7. Solicita al Consejo Permanente que siga ocupándose de esta cuestión y considere posibles opcio- nes de cooperación futura con los Socios para la Cooperación, si así lo solicitan;

8. Alienta a los Estados participantes y a los Socios para la Cooperación a que intercambien infor- mación sobre sus experiencias y participen en las actividades de la OSCE en cada una de las tres Dimensiones, también mediante contribuciones al Fondo de Asociación, cuando proceda, a fin de fomentar una mayor colaboración con los Socios para la Cooperación;

9. Reitera su disposición a considerar toda solicitud de asociación que en el futuro puedan pre- sentar países interesados, de conformidad con la Decisión N° 430 del Consejo Permanente, de 19 de julio de 2001.

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo)

16. Invitar a los Socios de la OSCE para la Cooperación a que participen activamente con nosotros para fortalecer nuestro diálogo y cooperación con el fin de prevenir y combatir el extremismo vio- lento y la radicalización que conducen al terrorismo, respetar y proteger los derechos humanos y las libertades fundamentales en ese contexto, prevenir y combatir las manifestaciones de intolerancia y discriminación (incluidas también las basadas en la religión o creencia, la xenofobia y la violen- cia), así como promover el diálogo interconfensional, interreligioso e intercultural, (…), y alentar a los Socios para la Cooperación a que continúen sacando el máximo provecho de los principios, normas y compromisos de la OSCE, así como de sus instrumentos pertinentes;

Hamburgo 2016 (Decisión nº 5/16 relativa a los esfuerzos de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones)

11. Invita a los Socios de la OSCE para la Cooperación a que mejoren el diálogo sobre los esfuer- zos para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones.

29 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

Los Estados participantes reconocen la importancia universal de los derechos humanos y las liber- tades fundamentales (...) Confirman el derecho de la persona a conocer y poner en práctica sus derechos y obligaciones en este terreno. (…)

Los Estados participantes (…) confirman que los gobiernos, instituciones, organizaciones y perso- nas tienen un papel importante y positivo que desempeñar para contribuir al logro de estos obje- tivos de su cooperación.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

[Los Estados participantes] reiteran el derecho de la persona a conocer sus derechos y obligacio- nes y a actuar en consecuencia en el campo de los derechos humanos y libertades fundamenta- les como se recogen en el Acta Final, y adoptarán las medidas necesarias en sus respectivos países para garantizar debidamente este derecho.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(12) [Los Estados participantes] expresan su determinación de garantizar el ejercicio efectivo de los derechos humanos y de las libertades fundamentales (…)

(13) En este contexto (…) (13.3) – publicarán y difundirán el texto del Acta Final, del Documento de Clausura de Madrid y del presente Documento, así como los de otros instrumentos internacionales pertinentes en el campo de los derechos humanos, con el fin de asegurar la disponibilidad de esos documentos en su totalidad, darlos a conocer lo más ampliamente posible y hacerlos accesibles a todas las per- sonas en sus respectivos países, en especial por medio de los servicios de las bibliotecas públicas; (13.4) – garantizarán efectivamente el derecho de las personas a conocer y ejercer sus derechos y deberes en este campo y, a dicho fin, publicarán y harán accesibles todas las leyes, reglamentos y procedimientos relativos a los derechos humanos y a las libertades fundamentales; (13.5) – respetarán el derecho de sus ciudadanos a contribuir activamente, en forma individual o en asociación con otros, a la promoción y protección de los derechos humanos y de las liberta- des fundamentales; (13.6) – fomentarán en las escuelas y en otras instituciones docentes el examen de la promoción y protección de los derechos humanos y de las libertades fundamentales; (…) (13.8) – velarán por que ninguna persona que ejerza esos derechos o libertades, o que exprese la intención de ejercerlos o procure ejercerlos, así como cualquier miembro de su familia, sea, como consecuencia de ello, objeto de discriminación alguna; (13.9) – velarán por que toda persona que alegue la violación de sus derechos humanos o libertades fundamentales disponga de medios efectivos para recurrir y dé plena información sobre los mis- mos; los Estados participantes aplicarán de hecho, inter alia, los siguientes recursos:

30 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

• el derecho del interesado a apelar a órganos ejecutivos, legislativos, judiciales o administrativos; • el derecho a un juicio justo y público, dentro de un plazo razonable, ante un tribunal indepen- diente e imparcial, inclusive el derecho del recurrente a aducir argumentos jurídicos y a ser repre- 2 sentado por un letrado por él elegido; • el derecho a recibir rápidamente información oficial sobre la decisión relativa a la apelación, incluidas las razones jurídicas en que se base esa decisión. Esta información se proveerá por regla general por escrito y, en todo caso, de manera tal que permita al recurrente hacer uso efectivo de cualesquiera otros recursos disponibles. (…)

(26) (…) Con tal fin respetarán el derecho de las personas a observar y promover el cumplimiento de las disposiciones de la CSCE y a asociarse con otros para tal fin. Facilitarán los contactos direc- tos y la comunicación entre esas personas, organizaciones e instituciones dentro de los Estados y entre estos mismos, y suprimirán, donde existan, los impedimentos legales y administrativos incompatibles con las disposiciones de la CSCE. Asimismo, tomarán medidas efectivas para faci- litar el acceso a la información sobre la aplicación de las disposiciones de la CSCE y facilitar la libre expresión de opiniones sobre estas materias.

Copenhague 1990

(10) Al reafirmar su compromiso de garantizar efectivamente los derechos de la persona a conocer y actuar de conformidad con sus derechos y libertades fundamentales y a contribuir activamente, individualmente o en asociación con otros, a su promoción y protección, los Estados participan- tes expresan su compromiso de: (10.1) – respetar el derecho de cada persona, individualmente o en asociación con otros, de reca- bar, recibir y difundir libremente opiniones e información sobre derechos humanos y libertades fundamentales, inclusive los derechos de divulgar y publicar tales opiniones e información; (10.2) – respetar el derecho de cada persona, individualmente o en asociación con otros, a estu- diar o debatir la observancia de los derechos humanos y de las libertades fundamentales y a ela- borar y debatir ideas para el mejoramiento de la protección de los derechos humanos y buscar mejores medios de garantizar el cumplimiento de las normas internacionales relativas a los dere- chos humanos; (10.3) – velar por que cada persona pueda ejercer el derecho de asociación, inclusive el de crear organizaciones no gubernamentales que se esfuerzan por promover y proteger los derechos huma- nos y las libertades fundamentales, con inclusión de sindicatos y de grupos de vigilancia de los derechos humanos, así como el derecho de adherirse a esas organizaciones y de participar efec- tivamente en ellas; (10.4) – permitir a los miembros de esos grupos y organizaciones el libre acceso a organismos simi- lares, dentro y fuera de sus países, y entrar en comunicación con ellos, así como con organizaciones internacionales, para iniciar intercambios, contactos y cooperación con dichos grupos y organi- zaciones, y solicitar, recibir y utilizar contribuciones financieras voluntarias de fuentes nacionales e internacionales, con el propósito de promover y proteger los derechos humanos y las libertades fundamentales, tal como dispone la ley.

31 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Recordamos el importante papel que, en relación con el logro de los objetivos de la CSCE, han des- empeñado las organizaciones no gubernamentales, así como las personas y los grupos religiosos y de otra índole, y facilitaremos más sus actividades para el cumplimiento de estos compromisos de la CSCE por los Estados participantes. Estas organizaciones, grupos y personas deben partici- par de modo apropiado en las actividades y nuevas estructuras de la CSCE para llevar a cabo sus importantes tareas.

Moscú 1991

(43) Estados participantes reconocerán como organizaciones no gubernamentales a las que se declaren como tales, de conformidad con los procedimientos nacionales existentes, y facilitarán la capacidad de esas organizaciones para llevar a cabo libremente sus actividades en sus territo- rios; con tal fin: (43.1) – tratarán de buscar medios de seguir fortaleciendo las modalidades de contacto e inter- cambio de puntos de vista entre organizaciones no gubernamentales y las autoridades nacionales y las instituciones gubernamentales pertinentes; (43.2) – tratarán de facilitar las visitas a sus países de organizaciones no gubernamentales de cua- lesquiera de los países participantes con miras a observar las condiciones de la dimensión humana; (43.3) – aceptarán con agrado las actividades de las organizaciones no gubernamentales inclu- sive, entre otras, la observación del cumplimiento de los compromisos de la CSCE en la esfera de la dimensión humana; (43.4) – permitirán que las organizaciones no gubernamentales, habida cuenta de su importante función en la dimensión humana de la CSCE, expongan sus opiniones ante sus propios gobier- nos y los gobiernos de los demás Estados participantes durante la labor futura de la CSCE sobre la dimensión humana. (43.5) Durante la labor futura de la CSCE sobre la dimensión humana, las organizaciones no guber- namentales tendrán la posibilidad de distribuir a todas las delegaciones contribuciones escritas sobre cuestiones específicas de la dimensión humana de la CSCE. (43.6) La Secretaría de la CSCE, en el marco de los recursos a su disposición, responderá favora- blemente a las peticiones de documentos no reservados de la CSCE formuladas por organizacio- nes no gubernamentales.

Helsinki 1992 (Declaración de la Cumbre)

7. Reafirmamos la validez de los principios rectores y de los valores comunes contenidos en el Acta Final de Helsinki y en la Carta de París, expresión de las responsabilidades de los Estados entre sí y de los gobiernos hacia sus pueblos. Son la conciencia colectiva de nuestra comunidad (…) Subrayamos los derechos democráticos de los ciudadanos a exigir de sus gobiernos el respeto de esos valores y normas.

32 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

Helsinki 1992 (Decisiones: IV. Relaciones con las organizaciones internacionales, Relaciones con los Estados no participantes, Cometido de las organizaciones no gubernamentales (ONG). 2 (1) (…) El éxito de los esfuerzos por consolidar un orden pacífico y democrático duradero y llevar adelante el proceso de cambio requiere una aportación más estructurada y sustantiva de los gru- pos, los particulares, los Estados y las organizaciones al margen del proceso de la CSCE.

Con este fin, los Estados participantes han decidido: (…)

Incremento de la transparencia de las actividades de la CSCE, fomento del entendimiento de la CSCE, incremento del cometido de las ONG

(12) Los Estados participantes incrementarán la transparencia de las instituciones y estructuras de la CSCE y garantizarán una amplia difusión de información sobre la CSCE. (…)

(14) Los Estados participantes facilitarán oportunidades para incrementar la participación de las organizaciones no gubernamentales en las actividades de la CSCE.

(15) En consecuencia: • aplicarán a todas las reuniones de la CSCE las directrices previamente convenidas para el acceso de las ONG a determinadas reuniones de la CSCE; • permitirán el acceso de las ONG a todas las sesiones plenarias de las conferencias de revisión, seminarios, talleres y reuniones de la OIDDH, al CAF cuando se reúna como Foro Económico, a las reuniones sobre el cumplimiento de los derechos humanos y a otras reuniones de expertos. Por otra parte, cada reunión podrá decidir abrir nuevas sesiones para que asistan a ellas las ONG; • encomendarán a los directores de las instituciones de la CSCE y a los Secretarios Ejecutivos de las reuniones de la CSCE que designen un “enlace con las ONG” entre los miembros de su personal; • designarán, si procede, a un miembro de sus ministerios de asuntos exteriores y a un miembro de sus delegaciones ante las reuniones de la CSCE para que se ocupe del enlace con las ONG; • fomentarán contactos e intercambios de opiniones entre las ONG y los organismos nacionales e instituciones gubernamentales pertinentes, entre las reuniones de la CSCE; • facilitarán durante las reuniones de la CSCE reuniones oficiosas de debate entre los represen- tantes de los Estados participantes y los de las ONG; • alentarán a las ONG a que presenten a las instituciones y reuniones de la CSCE contribuciones por escrito, cuyos títulos se guardarán y podrán facilitarse a los Estados participantes que lo soliciten; • alentarán a las ONG a que organicen seminarios sobre cuestiones relacionadas con la CSCE; • notificarán a las ONG, por conducto de las instituciones de la CSCE, las fechas de futuras reu- niones de la CSCE, junto con una indicación, cuando sea posible, de los temas que hayan de tratarse, así como, a petición, de la aplicación de los mecanismos de la CSCE puesta en conoci- miento de todos los Estados participantes.

(16) Las disposiciones anteriores no se aplicarán a las personas u organizaciones que recurran a la violencia o apoyen públicamente el terrorismo o el uso de la violencia.

33 2.3.3 Personas, defensores de los derechos humanos y organizaciones no gubernamentales

(17) Los Estados participantes utilizarán todos los medios adecuados para dar a conocer lo más ampliamente posible dentro de sus sociedades a la CSCE, sus principios, compromisos y actividades.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

18. Destacan también la necesidad de proteger a los defensores de los derechos humanos y recomien- dan que se finalice y adopte, en el marco de las Naciones Unidas, el proyecto de declaración sobre el Derecho y la Responsabilidad de las Personas, los Grupos y los Órganos de la Sociedad de Fomentar y Proteger los Derechos Humanos y las Libertades Fundamentales Reconocidos Universalmente.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

27. Las organizaciones no gubernamentales (ONG) pueden desempeñar una función vital en el fomento de los derechos humanos, la democracia y el Estado de derecho y constituyen un elemento integrante de toda sociedad civil sólidamente constituida. Nos comprometemos a reforzar la capa- cidad de las ONG para que contribuyan plenamente al futuro desarrollo de la sociedad civil y al respeto de los derechos humanos y de las libertades fundamentales.

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos) (…)

Reconocemos que el mayor respeto por los derechos humanos se da en las sociedades democráti- cas, donde las decisiones son tomadas con máxima transparencia y con una amplia participación. Respaldamos una sociedad civil plural y brindamos nuestro apoyo a la creación de asociacio- nes entre interesados de diversa índole, con objeto de fomentar y proteger los derechos humanos. (…)

Astana 2010

6. (…) Valoramos el importante papel que la sociedad civil y los medios informativos libres des- empeñan para ayudarnos a garantizar el pleno respeto de los derechos humanos, las libertades fundamentales, la democracia, incluidas las elecciones libres e imparciales, y el Estado de derecho.

Vilnius 2011

(…) Reconociendo el importante papel que desempeña la sociedad civil en los países Socios para la Cooperación, en cuanto al fomento de la democracia, el Estado de derecho, y el pleno respeto de los derechos humanos y las libertades fundamentales, (…)

34 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana 2 Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

14. (…) Reafirmamos a título individual nuestra voluntad de cumplir plenamente nuestros com- promisos. Asumimos también la responsabilidad conjunta de hacer respetar los principios de la OSCE. Cooperaremos con espíritu de solidaridad y asociativo al examen continuo de su aplicación.

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

Respuesta de la OSCE

20. La OSCE seguirá desempeñando un papel activo en toda su región, aprovechando plenamente sus instituciones, es decir, la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), el Alto Comisionado para las Minorías Nacionales (ACMN) y el Representante para la Libertad de los Medios de Comunicación (RLMC), así como sus operaciones sobre el terreno y su Secretaría. Todo ello forma un importante juego de instrumentos que está al servicio de los Estados partici- pantes en orden al cumplimiento de sus compromisos, particularmente en lo relativo al respeto de los derechos humanos, de la democracia y del Estado de derecho. En toda actividad pertinente, se aprovechará toda oportunidad que se presente para fortalecer la cooperación con la Asamblea Parlamentaria y, por su conducto, con los parlamentos nacionales.

Astana 2010

5. (…) Destacamos la importancia de la labor llevada a cabo por la Secretaría de la OSCE, el Alto Comisionado para las Minorías Nacionales, la Oficina de Instituciones Democráticas y Derechos Humanos y la Representante para la Libertad de los Medios de Comunicación, así como las ope- raciones de la OSCE sobre el terreno, de conformidad con sus mandatos respectivos, para ayudar a los Estados participantes a aplicar sus compromisos en el marco de la OSCE. Tenemos la deter- minación de intensificar la cooperación con la Asamblea Parlamentaria de la OSCE, y alentamos sus esfuerzos por promover la seguridad, la democracia y la prosperidad en toda el área de la OSCE y en sus Estados participantes. (…)

A. La Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH)

I. Mandato general, incluidas tareas generales adicionales

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Decidimos establecer una Oficina pro Elecciones Libres, con sede en Varsovia, para facilitar los contactos y el intercambio de información sobre las elecciones que se celebren en los Estados par- ticipantes.

35 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Paris 1990 (Documento suplementario para dar validez a algunas disposiciones que figuran en la Carta de París para una Nueva Europa)

G. La Oficina pro Elecciones Libres

1. La función de la Oficina pro Elecciones Libres será la de facilitar contactos y el intercambio de información sobre elecciones dentro de los Estados participantes. La Oficina favorecerá así la apli- cación de los párrafos 6, 7 y 8 del Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE (…)

2. Con dicho fin, la Oficina: • compilará información, inclusive información facilitada por las autoridades competentes de los Estados participantes, sobre las fechas, procedimientos y resultados oficiales de las elecciones nacionales programadas en los Estados participantes, así como informes sobre la observación de elecciones, que facilitarán a los gobiernos, a los parlamentos y a las organizaciones privadas interesadas que lo soliciten; • servirá para facilitar el contacto entre los gobiernos, parlamentos u organizaciones privadas que deseen observar elecciones y las autoridades competentes de los Estados en que se vayan a cele- brar las elecciones; • organizará y acogerá, a petición de los Estados participantes, seminarios u otras reuniones rela- cionadas con los procedimientos electorales y las instituciones democráticas.

3. La Oficina tendrá en cuenta la labor de otras instituciones activas en esta esfera y cooperará con ellas.

4. La Oficina ejecutará otras tareas que le asigne el Consejo. Anexo 1 Copenhague 1990

(6) Los Estados participantes declaran que la voluntad de los pueblos, libre y claramente manifes- tada mediante elecciones periódicas y auténticas, es la base de la autoridad y legitimidad de todo gobierno. Por consiguiente, los Estados participantes respetarán el derecho de sus ciudadanos a par- ticipar en el gobierno de su país, ya sea directamente o por conducto de representantes libremente elegidos por ellos mediante un proceso electoral justo. Reconocen su responsabilidad para defen- der y proteger, de conformidad con sus leyes, sus obligaciones y sus compromisos internaciona- les en materia de derechos humanos, el orden democrático libremente establecido por la voluntad del pueblo contra las actividades de personas, grupos u organizaciones que participen en actos de terrorismo o de violencia encaminados a derrocar ese orden o el de otro Estado participante o se nieguen a renunciar a ellos.

(7) Para garantizar que la voluntad del pueblo sirva de base para la autoridad del Gobierno, los Estados participantes (7.1) – hold free elections at reasonable intervals, as established by law; (7.2) – permitirán que todos los escaños de por lo menos de una de las cámaras de la legislatura nacional sean cubiertos libremente por votación popular; (7.3) – garantizarán el sufragio universal e igual a todos los ciudadanos adultos; (7.4) – garantizarán que las elecciones sean por votación secreta o por algún proceso equivalente de votación libre y que los votos sean contados y registrados limpiamente, dando a conocer al público los resultados oficiales;

36 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

(7.5) – respetarán el derecho de los ciudadanos a aspirar a puestos políticos o cargos públicos elec- tivos, individualmente o como representantes de partidos u organizaciones políticas, sin discri- minación; 2 (7.6) – respetarán el derecho de las personas y grupos a establecer, en plena libertad, sus propios partidos políticos u otras organizaciones políticas y facilitarán a esos partidos y organizaciones políticas las garantías jurídicas necesarias para permitirles competir sobre una base de igual trato ante la ley y por parte de las autoridades; (7.7) – garantizarán que la ley y la política oficial estén orientadas a permitir que la campaña polí- tica se lleve a cabo dentro de una atmósfera imparcial y libre en la que no haya acciones adminis- trativas, violencia ni intimidación que impidan a los partidos y a los candidatos exponer libremente sus puntos de vista y valoraciones, o impidan a los electores conocerlas y discutirlas o dar su voto sin miedo a represalias; (7.8) – procurarán que no haya obstáculo jurídico o administrativo que impida el libre acceso a los grandes medios de información sobre una base no discriminatoria para todos los grupos políticos y personas que deseen participar en el proceso electoral; (7.9) – garantizarán que los candidatos que obtengan el necesario número de votos exigido por la ley ocupen debidamente sus puestos y que se les permita permanecer en ellos hasta que expire el plazo de su mandato o se termine éste de un modo dispuesto por la ley, en conformidad con pro- cedimientos democráticos parlamentarios y constitucionales.

Praga 1992 (Documento de Praga sobre el ulterior desarrollo de las instituciones y estructuras de la CSCE: III. La Dimensión Humana)

9. Con el fin de ampliar la cooperación práctica entre los Estados participantes en materia de dimen- sión humana, los Ministros decidieron otorgar funciones adicionales a la Oficina pro Elecciones Libres, que se denominará en adelante Oficina de Instituciones Democráticas y Derechos Humanos.

10. La Oficina, bajo la dirección general del CAF, debería, entre otras cosas: • organizar una breve reunión de la CSCE en la sede de la Oficina de Instituciones Democráti- cas y Derechos Humanos para ocuparse de la aplicación de los compromisos de la dimensión humana de la CSCE todos los años en que no se celebre una reunión de continuidad. • servir de marco institucional para compartir e intercambiar información sobre asistencia téc- nica, conocimientos prácticos y programas nacionales e internacionales dirigidos a ayudar a las nuevas democracias en la creación de instituciones; • facilitar los contactos entre los que ofrecen esos recursos y los que desean utilizarlos; • desarrollar la cooperación con el Consejo de Europa para utilizar su base de datos de esos recur- sos y servicios;

37 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

• establecer contactos con organizaciones no gubernamentales que intervengan en el campo de la creación de instituciones democráticas, con miras a que los Estados participantes puedan utili- zar sus vastos recursos y conocimientos prácticos; • facilitar la cooperación en materia de formación y educación en disciplinas pertinentes para las instituciones democráticas; • organizar reuniones y seminarios entre todos los Estados participantes sobre temas relacionados con la creación y revitalización de instituciones democráticas, tales como un seminario de breve duración sobre los medios de comunicación libres y, en el momento oportuno, otro sobre migra- ción. Estas reuniones y seminarios se celebrarán en Varsovia a menos que se decida otra cosa.

11. Para evitar duplicación de esfuerzos, especialmente en los campos arriba mencionados, los Minis- tros dieron instrucciones a la Oficina para que trabajara en estrecha relación con otras instituciones que intervienen en la esfera de la creación de instituciones democráticas y de los derechos huma- nos, en particular el Consejo de Europa y la Comisión Europea para la Democracia por el Derecho.

12. El CAF examinará anualmente la necesidad de reuniones y seminarios sobre la dimensión humana y las instituciones democráticas y establecerá un programa de trabajo. (…)

Helsinki 1992 (Decisiones: VI. La dimensión humana)

(2) Los Estados participantes expresan su firme determinación de garantizar el pleno respeto de los derechos humanos y las libertades fundamentales, de acatar el estado de derecho, de fomen- tar los principios de la democracia y así crear, fortalecer y proteger las instituciones democráticas, a la vez que se fomenta la tolerancia en la sociedad. Para ello, ampliarán el marco operativo de la CSCE, inclusive mediante la ampliación de la OIDDH, a fin de que puedan intercambiarse de manera más concreta y significativa la información, las ideas y las preocupaciones, incluso como una pronta alerta de tensión y de conflicto potencial. Al obrar así, centrarán su atención en cuestio- nes relativas a la Dimensión Humana de particular importancia. Por consiguiente, someterán a un constante examen el fortalecimiento de la dimensión humana, en particular en tiempo de cambio. (…)

Marco para la vigilancia del cumplimiento de los compromisos de la CSCE y para el fomento de la cooperación en la dimensión humana

(4) Con objeto de reforzar y vigilar el cumplimiento de los compromisos de la CSCE, así como para fomentar los progresos en materia de Dimensión Humana, los Estados participantes acuer- dan ampliar el marco de su cooperación y con este fin deciden lo siguiente:

Ampliación de las funciones de la OIDDH

(5) Bajo la orientación general del CAF y además de sus tareas actuales tal como se establecen en la Carta de París para una Nueva Europa y en el Documento de Praga sobre el Ulterior Desarro- llo de las Instituciones y Estructuras de la CSCE, la OIDDH, en tanto que principal institución de la Dimensión Humana:

38 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

(5a) ayudará a supervisar la aplicación de los compromisos en materia de Dimensión Humana mediante: • su actuación como lugar de celebración de reuniones bilaterales en virtud de lo dispuesto en el 2 punto 2 y como canal de información en virtud del punto 3 del Mecanismo de la Dimensión Humana, tal como se establece en el Documento de Clausura de Viena; • la recepción de observaciones de los Estados visitados por misiones de la CSCE que tengan pertinencia para la Dimensión Humana además de las que correspondan al Mecanismo de la Dimensión Humana; transmitirá informe de estas misiones junto con las eventuales observacio- nes a todos los Estados participantes con miras al debate en la próxima reunión sobre el cum- plimiento o conferencia de revisión; • la realización de misiones o la participación en ellas siempre que lo solicite el Consejo o el CAF; (5b) actuará como centro de coordinación para la información: • sobre un estado de emergencia pública, según lo dispuesto por el párrafo 28.10 del Documento de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana; • sobre listas de recursos, y ayuda, por ejemplo, en materia de censos o sobre la democracia en los planos local y regional, y la celebración de seminarios nacionales sobre tales cuestiones; (5c) asistirá en otras actividades en la esfera de la Dimensión Humana, inclusive en la creación de instituciones democráticas: • cumpliendo las tareas definidas en el “Programa de apoyo coordinado a los Estados participan- tes recientemente admitidos”; • organizando “seminarios sobre el proceso democrático” a petición de los Estados participan- tes. Las disposiciones de procedimiento establecidas en el “Programa de apoyo coordinado a los Estados participantes recientemente admitidos” se aplicarán también a estos seminarios; • contribuyendo, con los recursos a su disposición, a la preparación de seminarios a petición de uno o más Estados participantes; • poniendo sus medios, en la forma que proceda, a disposición del Alto Comisionado para las Minorías Nacionales; • entrando en comunicación, según proceda, con las organizaciones internacionales y no guber- namentales pertinentes; • consultando y cooperando con órganos pertinentes del Consejo de Europa y los con él asociados y examinando de qué manera pueden contribuir, según proceda, a las actividades de la OIDDH. La OIDDH facilitará también información a los Estados participantes que lo soliciten sobre los programas en el marco del Consejo de Europa que están abiertos a todos los Estados participantes.

(6) Las actividades sobre las cuestiones relativas a la Dimensión Humana emprendidas por la OIDDH podrán contribuir, entre otras cosas, a la pronta alerta en la prevención de conflictos.

Mecanismo de la Dimensión Humana

(7) Con miras a adaptar el Mecanismo de la Dimensión Humana a las actuales estructuras e ins- tituciones de la CSCE, los Estados participantes deciden que:

39 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

puede servir de lugar de celebración de reuniones bilaterales en virtud del punto 2- o por vía diplomática. Dicha información podrá ser examinada en reuniones del CAF, en reuniones sobre el cumplimiento de las cuestiones relativas a la Dimensión Humana y en conferencias de revisión. (…)

Reuniones de aplicación de las cuestiones relativas a la Dimensión Humana

(10) La reunión sobre el cumplimiento podrá señalar a la atención del CAF las medidas de mejo- ramiento de la aplicación que estime necesarias.

(11) La reunión sobre el cumplimiento no producirá un documento negociado.

(12) Las contribuciones escritas y el material informativo tendrán carácter reservado o no reser- vado según lo indique el Estado que los presente.

(13) Las reuniones sobre el cumplimiento se organizarán en sesiones oficiales y oficiosas. Todas las sesiones oficiales serán abiertas. Además, los Estados participantes podrán decidir caso por caso que una sesión oficiosa sea abierta.

(14) La reunión sobre el cumplimiento exhortará a que asistan y presenten contribuciones al Con- sejo de Europa, a la Comisión europea La Democracia por el Derecho y al Banco Europeo de Reconstrucción y Desarrollo (BERD), así como a otras organizaciones e instituciones internacio- nales pertinentes.

(15) Las organizaciones no gubernamentales que tengan experiencia adecuada en la esfera de la Dimensión Humana serán invitadas a presentar comunicaciones escritas a la reunión sobre el cum- plimiento, por ejemplo, por conducto de la OIDDH, y podrán ser invitadas por la reunión sobre el cumplimiento, sobre la base de sus comunicaciones escritas, a exponer verbalmente, si procede, cuestiones específicas.

(16) Durante dos medios días en el transcurso de la reunión sobre el cumplimiento no se progra- mará sesión oficial alguna, con miras a facilitar las posibilidades de contacto con las ONG. Con este fin, se pondrá a disposición de las ONG una sala en el lugar donde se celebre la reunión.

Seminarios sobre la Dimensión Humana de la CSCE

(17) Bajo la orientación general del CAF, la OIDDH organizará seminarios relativos a la Dimen- sión Humana de la CSCE en los que se estudiarán cuestiones específicas de particular importancia para la dimensión humana y de interés político actual. El CAF establecerá un programa de trabajo anual que incluirá los títulos y las fechas de esos seminarios. El orden del día y las modalidades de

40 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

cada seminario serán aprobados por el CAF al menos tres meses antes de la celebración del semi- nario. A este respecto, el CAF tendrá en cuenta las opiniones expresadas por la OIDDH. A menos que se decida otra cosa, los seminarios se celebrarán en la sede de la OIDDH y tendrán una dura- 2 ción máxima de una semana. En el programa de trabajo se tendrá en cuenta la labor realizada por las organizaciones e instituciones internacionales pertinentes.

(18) Los seminarios se organizarán de manera flexible y abierta. Se podrá invitar a asistir y a presen- tar contribuciones a organizaciones e instituciones internacionales pertinentes. Podrá invitarse tam- bién a ONG con experiencia pertinente. Los expertos independientes que asistan al seminario como miembros de las delegaciones nacionales podrán también hacer uso de la palabra a título personal.

(19) Los seminarios de la CSCE se organizarán en sesiones oficiales y oficiosas. Todas las sesiones oficiales serán abiertas. Además, los Estados participantes podrán decidir caso por caso que una sesión oficiosa sea abierta.

(20) Los seminarios de la CSCE no producirán documento negociado ni programas de seguimiento.

(21) Las contribuciones de los expertos independientes no tendrán carácter reservado.

Roma 1993 (Decisiones: IV. La Dimensión Humana)

(3) El proceso de consulta política y las misiones de la CSCE (…) • Deberá hacerse mayor hincapié en las cuestiones relativas a la dimensión humana en los man- datos de las misiones de la CSCE así como en los informes de las misiones de seguimiento. Con este fin se otorgará a la OIDDH un papel más importante en la preparación de las misiones de la CSCE, entre otras formas, facilitando información y asesoramiento a las misiones de confor- midad con su experiencia. (…)

4. Oficina de Instituciones Democráticas y Derechos Humanos

Los Ministros decidieron reforzar las funciones y actividades de la OIDDH. Entre otras, la OIDDH ampliará las actividades que lleva a cabo en virtud de su mandato en las esferas siguientes: • establecimiento de un más amplio banco de datos de expertos en las esferas relativas a la dimen- sión humana. Se pide a los Estados participantes y a las organizaciones no gubernamentales que informen a la OIDDH sobre los expertos disponibles en las esferas correspondientes a la dimensión humana; (…) • fortalecimiento de la cooperación con las organizaciones internacionales pertinentes, con miras a coordinar las actividades e identificar posibles esferas de trabajo en común; • recepción de la información facilitada por las ONG con experiencia pertinente en la esfera de la dimensión humana; • actuación como punto de contacto para la información facilitada por los Estados participantes, de conformidad con los compromisos de la CSCE; • difusión de información general sobre la dimensión humana y el derecho humanitario inter- nacional.

41 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Budapest 1994 (Decisiones: VIII. La dimensión humana)

8. La OIDDH, como principal institución de la dimensión humana, en consulta con el Presidente en ejercicio, participará en calidad de asesora en las deliberaciones del Consejo Superior y del Consejo Permanente, presentando periódicamente informes acerca de sus actividades y facili- tando información sobre las cuestiones de aplicación. Facilitará apoyo material para la revisión anual de la aplicación y, cuando sea necesario, aclarará o complementará la información recibida. Actuando en estrecha consulta con el Presidente en ejercicio, el Director de la OIDDH podrá pro- poner otras medidas.

9. Los Estados participantes reconocen la necesidad de impulsar la cooperación, por conducto de la OIDDH, con otras organizaciones e instituciones internacionales activas en la esfera de la dimen- sión humana, incluido entre otros el Alto Comisionado de las Naciones Unidas para los Derechos Humanos, para el intercambio de información, inclusive informes, y para el ulterior desarrollo de las actividades orientadas hacia el futuro, tal como se indica en el presente documento.

10. Los Estados participantes deciden (…) • encomendar a la OIDDH que siga actuando como centro para el intercambio de información sobre las cuestiones relacionadas con los medios de comunicación en la región, y alientan a los gobiernos, los periodistas y las ONG a que faciliten a la OIDDH información sobre la situación de los medios de comunicación.

11. Se consultará a la OIDDH antes de que se adopte el mandato de una misión de la CSCE y se contribuirá al seguimiento de los informes de la misión según decida el Consejo Permanente. Los conocimientos de los expertos en la esfera de la Dimensión Humana de la OIDDH deberían utili- zarse para ayudar a dotar de personal a las misiones de la CSCE.

Esas misiones designarán Asimismo a uno de sus miembros para que sirva de enlace con la OIDDH y con las ONG en lo que respecta a las cuestiones de la dimensión humana. (…)

13. Las disposiciones mencionadas en el capítulo de la dimensión humana del presente documento no constituyen en modo alguno ningún cambio en el mandato de la OIDDH ni del ACMN.

Seminarios de la OIDDH

14. Por regla general, se reducirá el número de seminarios de gran escala sobre la Dimensión Humana a dos por año. Se centrarán en temas que sean objeto del más amplio interés.

Se hará más hincapié en los seminarios regionales. Cuando proceda, formarán parte del Programa de Apoyo Coordinado. Estos seminarios intentarán contar con la plena participación de los Esta- dos de la región en que se celebren (…)

Budapest 1994 (Decisiones: VIII. La dimensión humana)

43. Convinieron en que debería seguir desarrollándose la capacidad de la OIDDH de facilitar amplia experiencia sobre las cuestiones relativas a la Dimensión Humana dentro del Programa de Acción Coordinada. Para poder responder a las peticiones de asesoramiento de los Estados nuevamente independientes interesados sobre cualesquiera aspectos de la democratización, convinieron en que

42 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

utilizar expertos itinerantes en el marco del Programa de Acción Coordinada sería un incremento útil de la función de la OIDDH. 2 Liubliana 2005 (Decisión nº 11/05 relativa al Fomento de la educación y la formación en materia de derechos humanos en el área de la OSCE)

El Consejo Ministerial, (…)

Encarga a la OIDDH que, aprovechando la experiencia y los conocimientos pertinentes adquiri- dos por las estructuras, instituciones y operaciones sobre el terreno de la OSCE, así como por los Estados participantes: • Haga un compendio de las mejores prácticas empleadas por los Estados participantes al servicio del fomento de la educación y la formación en materia de derechos humanos, incluido el fomento de la tolerancia, el respeto y el entendimiento mutuos y la no discriminación en el área de la OSCE.

Liubliana 2005 (Decisión nº 12/05 relativa a la labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal)

El Consejo Ministerial, (…)

Encomienda a la OIDDH y a otras estructuras pertinentes de la OSCE que:

Presten asistencia a los Estados participantes con miras a que compartan entre ellos toda práctica ejemplar o que haya dado buen resultado, así como su pericia acumulada al servicio de la mejora de sus sistemas de justicia penal;

Presten asistencia a todo Estado participante, que la solicite, en orden al desarrollo de la capaci- dad institucional de los colegios de abogados al servicio de la asistencia letrada que debe prestarse a los acusados y en defensa de sus derechos.

Bruselas 2006 (Decisión nº 5/06 relativa al crimen organizado)

El Consejo Ministerial, (…)

(d) Encarga al Secretario General y a los órganos ejecutivos pertinentes de la OSCE, incluida la OIDDH, que coordinen, siempre que proceda, su labor con otras organizaciones e instituciones internacionales, cooperando con ellas y manteniéndose preparados para reaccionar a propuestas de proyecto y a peticiones de cooperación formuladas por los Estados participantes, encomen- dándoles además que estudien la posibilidad de facilitar la asistencia a programas de formación, obrando siempre en el marco de su respectivo mandato y en la medida en que se disponga de con- tribuciones para tal fin;

(e) Subraya la importancia de intensificar la coherencia y la continuidad de las medidas de todos los órganos interesados de la OSCE, así como de reforzar la cooperación con los organismos espe- cializados competentes.

(f) En este sentido, encomienda al Secretario General que mejore la coordinación de tales acti- vidades, obrando siempre en el marco de su respectivo mandato y de los recursos disponibles. (…)

43 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

II. Tareas adicionales relacionadas con las elecciones

Roma 1993 (Decisiones: IV. La Dimensión Humana)

4. Oficina de Instituciones Democráticas y Derechos Humanos

Budapest 1994 (Decisiones: VIII. La dimensión humana)

12. La OIDDH desempeñará un papel destacado en la observación de las elecciones, antes, durante y después de su celebración. En este contexto, la OIDDH debería evaluar las condiciones para el funcionamiento libre e independiente de los medios de comunicación.

Los Estados participantes piden que se mejore la coordinación entre las diversas organizaciones que observan elecciones y encomiendan a la OIDDH que establezca, en consulta con todas las organi- zaciones pertinentes, un marco para la coordinación en este campo.

Para mejorar los preparativos y procedimientos de observación de elecciones, la OIDDH elabo- rará un manual para los observadores de las elecciones y establecerá un calendario actualizado con las próximas elecciones.

Maastricht 2003 (Decisión nº 5/03 relativa a las Elecciones)

El Consejo Ministerial, (…)

Encomienda a la OIDDH que examine la manera de mejorar la eficacia de la asistencia prestada a los Estados participantes en el seguimiento de las recomendaciones enunciadas en los informes de observación de elecciones emitidos por la OIDDH.

Bruselas 2006 (Decisión n° 19/06 relativa al fortalecimiento de la eficiencia de la OSCE)

El Consejo Ministerial, (…)

1. Agradece a la OIDDH la labor que lleva a cabo a tenor del párrafo 2 de la Decisión N° 17/05 del Consejo Ministerial, y toma nota de su informe publicado el 10 de noviembre de 2006;

7. Reconoce la pericia acumulada por la OIDDH en la prestación de asistencia a los Estados par- ticipantes a través de sus actividades al servicio de las elecciones, particularmente en lo relativo a su examen de la normativa legal electoral aplicable en materia electoral y a sus observaciones sobre el desarrollo de las elecciones;

44 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

8. Se compromete a seguir desarrollando las actividades de la OSCE relacionadas con las eleccio- nes, (...) 2 10. Reitera los compromisos asumidos por los Estados participantes de invitar a observadores de otros Estados participantes, así como de la OIDDH, de la Asamblea Parlamentaria de la OSCE y de las instituciones y organizaciones pertinentes, a que observen sus elecciones si lo desean; (…)

12. Reconoce que sigue siendo necesario velar por que toda misión de observación de elecciones sea objetiva, transparente y profesional, dándose razón y cuenta de sus observaciones;

13. Conviene en que la OIDDH debe poner en práctica toda mejora y recomendación que se for- mule acerca de sus actividades electorales, incluidas las que consten en el informe, y especial- mente las que se enumeran a continuación, e informará con regularidad acerca de su aplicación, por conducto de su Director, para que dicha aplicación sea objeto de examen por el Consejo Per- manente, con miras a: • Seguir fortaleciendo la metodología aplicada para el proceso de observación, así como sus pro- gramas de asistencia; • Velar por dar cobertura geográfica lo más amplia posible a las actividades de la OIDDH con- cernientes a las elecciones; • Seguir diversificando la participación de observadores a corto y a largo plazo y de “equipos bási- cos”, sobre la base de un mayor apoyo por parte de un mayor número de Estados participantes, alentando a estos Estados a que hagan contribuciones al fondo de diversificación, apoyando las medidas nacionales de capacitación y desarrollando redes de observadores electorales profesio- nales que abarquen a toda la OSCE; • Sin dejar de observar las pautas profesionales más estrictas, seguir mejorando la transparen- cia en la contratación de miembros de los equipos de observación, mediante campañas publi- citarias, cursos de formación, procedimientos competitivos y listas abiertas” Para la selección de jefes de misión de observación y de miembros de los “equipos básicos”, que se comunicarán periódicamente a los Estados participantes y podrán ser consultadas a través de bases de datos de acceso público; • Salvaguardar al máximo la independencia, imparcialidad y profesionalidad de la labor de obser- vación de elecciones de la OIDDH; • Prestar atención a toda diversidad lingüística y velar por que los idiomas utilizados no influyan ni menoscaben la eficiencia de la observación;

14. Hace hincapié en que la observación de elecciones es una actividad conjunta en la que partici- pan la OSCE/OIDDH, la Asamblea Parlamentaria de la OSCE y otras instituciones parlamentarias;

15. Reconoce que la estrecha cooperación con la Asamblea Parlamentaria de la OSCE realza nota- blemente la visibilidad de la labor de la OSCE en materia de observación de elecciones, y exhorta a la OIDDH a seguir trabajando en estrecha asociación con la Asamblea Parlamentaria en toda nueva misión que emprenda de observación de elecciones, sobre la base del Acuerdo de Coope- ración de 1997; (…)

45 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

III. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti

Ver también: I. 2.3.4.A.IV: Tareas adicionales relacionadas con la tolerancia y la no discriminación, incluidas las cuestiones relativas a los romaníes y sinti

Budapest 1994 (Decisiones: VIII. La dimensión humana)

23. Los Estados participantes deciden designar en la OIDDH un punto de contacto para las cues- tiones de romaníes y sinti (gitanos). Se encomendará lo siguiente a la OIDDH: • que actúe como centro de coordinación del intercambio de la información sobre las cuestiones relativas a romaníes y sinti (gitanos), incluida información sobre la aplicación de los compro- misos respecto de romaníes y sinti (gitanos); • que facilite los contactos entre Estados participantes, organizaciones e instituciones internacio- nales y ONG sobre cuestiones relativas a romaníes y sinti (gitanos); • que mantenga y desarrolle contactos sobre estas cuestiones entre las instituciones de la CSCE y otras organizaciones internacionales.

Para cumplir estas tareas, la OIDDH hará pleno uso de los recursos existentes. En este contexto, se felicitan del anuncio hecho por algunas organizaciones romaníes y sinti (gitanos) de aportar contribuciones voluntarias.

24. Los Estados participantes acogen complacidos las actividades que se ocupan de las cuestiones relativas a romaníes y sinti (gitanos) llevadas a cabo en otras organizaciones e instituciones inter- nacionales, en particular las emprendidas en el Consejo de Europa.

Oslo 1998 (Decisión relativa al refuerzo de las capacidades de la OSCE para ocuparse de las cuestiones de romaníes y sinti El Consejo Ministerial)

El Consejo Ministerial,

Teniendo presentes los actuales compromisos de la OSCE respecto de las cuestiones de romaníes y sinti adoptada por la Cumbre de Budapest, de designar en la OIDDH un punto de contacto para las cuestiones de romaníes y sinti (gitanos),

1. Decide reforzar la capacidad de la OSCE para ocuparse de esas cuestiones mediante el fortale- cimiento del actual Punto de contacto para las cuestiones de romaníes y sinti en la OIDDH. Entre sus prioridades figurarán las siguientes: • reforzar la interacción de la OSCE con los gobiernos de los Estados participantes, con represen- tantes de las comunidades romaníes y sinti, y con organizaciones internacionales, iniciativas y organizaciones no gubernamentales que traten de cuestiones de romaníes y sinti, y en parti- cular velar por la continuación de la cooperación en régimen de refuerzo mutuo con el Coordi- nador del Consejo de Europa para los romaníes, con miras a evitar la duplicación de esfuerzos, incluido el establecimiento de consultas regulares con esas organizaciones, iniciativas y organi- zaciones no gubernamentales, a fin de crear sinergias y enfoques comunes encaminados a faci- litar la plena integración de las comunidades romaníes y sinti en las sociedades en que viven, sin perjuicio para su identidad;

46 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

• reforzar la cooperación entre las instituciones y misiones/presencias sobre el terreno de la OSCE por lo que se refiere a las cuestiones de romaníes y sinti, si procede; • elaborar, sobre la base de datos de Estados participantes, instituciones de la OSCE y, en particu- 2 lar, el ACMN, las comunidades romaníes y sinti, las organizaciones no gubernamentales, y las organizaciones internacionales y otras instituciones e iniciativas, un programa de trabajo que incluya, entre otras cosas, seminarios, cursos prácticos y centros de información; • recoger información de los Estados participantes sobre medidas legislativas y de otra índole refe- rentes a la situación de los romaníes y sinti a fin de ponerla a disposición de la comunidad de la OSCE, así como de otras organizaciones internacionales interesadas, y para preparar nuevos informes sobre la situación de los romaníes y sinti en la zona de la OSCE.

2. Decide además que el Punto de contacto se ocupe únicamente de cuestiones referentes a los romaníes y sinti.

Maastricht 2003 (Anexo a la Decisión nº 2/03 relativa a la lucha contra la trata de personas; Plan de acción de la OSCE contra la trata de personas)

Medidas que cabe esperar de las Instituciones y otros órganos de la OSCE

6. Labor de investigación y recogida de datos (…) 6.2 Encomendar al Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti que siga recogiendo datos sobre la trata de personas, particularmente niños, y sobre su impacto en dichas comunidades.

Maastricht 2003 (Anexo a la Decisión nº 3/03; Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

Lucha contra el racismo y la discriminación

Normas legales y su estricta observancia

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

23. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se ocupará de mejorar las relaciones entre las ONG de la población romaní y sinti y los Estados participantes.

24. Dicho órgano actuará en calidad de centro coordinador de las iniciativas de los Estados parti- cipantes, y facilitará el intercambio de información acerca de las prácticas recomendadas.

25. En estrecha cooperación con los Estados participantes, con la comunidad romaní y sinti y, siem- pre que sea posible, con otras organizaciones internacionales, y respetando plenamente la norma- tiva legal protectora de la intimidad de los datos personales, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti recogerá documentación con el fin de desarro- llar políticas más ajustadas a los objetivos contemplados.

47 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Policía

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

34. Dentro de sus respectivos mandatos, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la Unidad de Estrategia Policial prepararán una recopilación de “prácticas recomendadas” en la región de la OSCE para el ejercicio de la función policial respecto de la comunidad romaní.

35. El ACMN, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la Unidad de Estrategia Policial prestarán asistencia a los Estados participantes en la redacción de códigos de conducta para prevenir toda categorización racial y mejorar las relaciones interétnicas.

IV. Cuestiones socioeconómicas

Vivienda y condiciones de vida

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

47. Se alienta al Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y a la Oficina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM) a que participen en mayor medida en la política de facilitar información y dar acceso a los recursos aportados por donantes extranjeros para proyectos destinados al desarrollo econó- mico y social de la comunidad romaní y sinti, particularmente los financiados por agrupaciones de la propia etnia.

Desempleo y problemas económicos

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

54. A petición de los Estados participantes, el Punto de Contacto de la OIDDH para las cuestio- nes relativas a los romaníes y sinti y la OCAEM apoyarán el desarrollo de la potencialidad laboral y empresarial de la población romaní y sinti, mediante la creación de programas de capacitación y reciclaje en los Estados participantes. Convendría adaptar, a las necesidades de la población romaní y sinti, toda práctica que haya dado resultado, particularmente en el desarrollo de aptitu- des profesionales al servicio de la pequeña y mediana empresa (PYMES) (por ejemplo, el programa de formación de jóvenes empresarios). (…) (…)

56. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y la OCAEM aprovecharán toda investigación anterior, por el PNUD y otros organismos, al evaluar las necesidades de la población romaní, con miras a fomentar políticas que tengan en cuenta el alcance y la índole de sus necesidades específicas en cada Estado participante.

57. En coordinación con las organizaciones internacionales pertinentes (especialmente el PNUD y el Banco Mundial), el Punto de Contacto de la OIDDH para las cuestiones relativas a los roma- níes y sinti y la OCAEM examinarán maneras de mejorar el acceso de los romaníes y sinti a los programas ordinarios de capacitación. Se pueden organizar cursillos prácticos o mesas redondas

48 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

adaptadas a las necesidades de los romaníes y sinti, con miras a informar y formar a miembros de estas comunidades en lo concerniente a los derechos económicos y sociales de la persona y del empresario. 2 Atención de salud

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

65. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y, si pro- cede, otras instituciones y estructuras de la OSCE, particularmente sus operaciones sobre el terreno, prestarán asistencia a todo Estado participante que lo solicite en la puesta en marcha de toda ini- ciativa educadora que ayude a la población romaní y sinti a aprovechar plenamente los servicios de atención médica. Dichos órganos deberán, entre otras cosas, reunir, publicar y difundir infor- mación pertinente sobre prácticas recomendadas a dicho fin.

66. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti velará en particular por asegurar el acceso de la población romaní y sinti a los programas destinados a la prevención o tratamiento del uso indebido de drogas y a los programas de prevención y trata- miento del SIDA y de otras enfermedades conexas.

VII. La población romaní y sinti en situaciones de crisis y posteriores a una crisis (…)

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

114. De conformidad con su mandato, se pide al Punto de Contacto de la OIDDH para las cuestio- nes relativas a los romaníes y sinti que responda eficazmente a toda situación de crisis, colaborando con toda autoridad competente y con todo órgano intergubernamental u organización internacio- nal pertinente, especialmente el ACNUR, a fin de amparar a toda comunidad romaní en peligro.

115. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se esfor- zará por alertar, a las autoridades, periodistas y todo otro agente eventual, acerca de la situación de los romaníes y sinti en zonas de crisis o de conflicto.

49 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

VIII. Mejorar la cooperación y coordinación con otras organizaciones internacionales y ONG 118. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti seguirá participando activamente en el Grupo de contacto oficioso de las organizaciones intergubernamentales sobre la población romaní.* (…)

121. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se esfor- zará por consolidar el “Grupo de Contacto Internacional Romaní”† y contribuirá además a la ini- ciativa del Consejo de Europa a favor de un posible Foro europeo de romaníes y grupos afines.

122. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti pres- tará servicios de información y coordinación a las instituciones pertinentes tanto nacionales como internacionales, y facilitará el diálogo entre ellas y con las ONG romaníes.

123. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti tra- tará de entablar relaciones con organizaciones romaníes y sinti, a fin de ayudarlas a coordinar su acción y sus recursos, en el interior de cada Estado y más allá de sus fronteras, y a aprovechar ple- namente las oportunidades brindadas por la política actual tanto interna como internacional en favor de la población romaní y sinti.

124. La OSCE seguirá desarrollando su colaboración con otros socios y organizaciones interna- cionales pertinentes.

IX. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti

125. Cuando sea necesario, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti facilitará el intercambio de información entre los Estados participantes que dis- pongan ya de una política nacional relativa a la población romaní y sinti, o que deseen mejorar dicha política.

126. Previa solicitud, el Punto de Contacto de la OIDDH para las cuestiones relativas a romaníes y sinti asesorará a los Estados participantes acerca de políticas futuras relativas a la población romaní y sinti, y alentará el debate entre los gobiernos y las ONG romaníes.

127. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti apoyará toda medida de desarrollo al servicio de las ONG romaníes y sinti.

128. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti esta- blecerá una base de datos sobre prácticas recomendadas ya adoptadas por Estados participantes en la OSCE.

* El Grupo de contacto oficioso de las organizaciones intergubernamentales sobre la población romaní está for- mado por representantes de la OIDDH/OSCE, el Consejo de Europa, la Comisión Europea y la Unión Europea. † El Grupo de Contacto Internacional Romaní se creó en octubre de 2000 por iniciativa del Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti. Dicho Grupo de Contacto incluye a representan- tes de las Unión Romaní Internacional, el Congreso Nacional Romaní, representantes electos romaníes, exper- tos romaníes y el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti.

50 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

129. Al analizar las medidas emprendidas por los Estados participantes, el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti se inspirará en criterios favorables a dicha población, así como al estudiar toda situación e incidente que pueda afectarla. Para dicho 2 fin, el Punto de Contacto se pondrá y mantendrá en contacto directo con Estados participantes, ofreciéndoles su parecer y asesoramiento.

130. Las autoridades de todo país interesado cooperarán con el Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti en la búsqueda de una solución eficaz para las situaciones de crisis.

131. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti faci- litará información a la comunidad romaní y sinti sobre los recursos y actividades de la OSCE.

132. En cooperación con toda otra institución o estructura pertinente de la OSCE, la OIDDH adoptará toda medida para extirpar, en sus raíces, la trata de personas, particularmente de niños, y alertará a la comunidad romaní y sinti acerca de las consecuencias de la trata. (…)

138. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti difun- dirá información acerca del presente Plan entre las comunidades y organizaciones romaníes y sinti, así como entre otras organizaciones internacionales.

Medios informativos

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

41. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y el ROLMC organizarán mesas redondas con periodistas, dedicadas a la imagen de la comunidad romaní y sinti prevalente en la sociedad.

VI. Elevando su participación en la vida política y pública

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

100. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti debe- ría ayudar a organizar capacitación destinada a las ONG romaníes, e impartida por dichas ONG, particularmente por las que se ocupen de los medios informativos, en lo relativo a los procesos democráticos y a la participación en la vida democrática. (…)

105. El Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti y, siem- pre que proceda, toda otra institución y estructura de la OSCE, así como sus operaciones sobre el terreno, formularán programas destinados a alentar la presentación de representantes de la comu- nidad romaní y sinti como candidatos a las elecciones para la constitución de todo órgano electivo o buscarán soluciones innovadoras que aseguren obtener la participación de representantes de la comunidad romaní y sinti en los procesos decisorios de ámbito nacional y local.

51 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Kiev 2013 (Decisión nº 4/13 relativa al refuerzo de las iniciativas de la OSCE destinadas a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, centrado especialmente en las mujeres, los jóvenes y los niños romaníes y sinti.)

5. Alienten a las estructuras ejecutivas pertinentes de la OSCE a que mejoren las actividades des- tinadas a fomentar las capacidades de las organizaciones de mujeres y jóvenes romaníes y sinti, con miras a fomentar el empoderamiento, la educación y la no discriminación entre las mujeres y los jóvenes romaníes y sinti, así como que promuevan la participación de las mujeres romaníes y sinti en todas aquellas áreas que sean de su interés y en igualdad de condiciones con los hombres;

VI. Tareas adicionales relacionadas con la tolerancia y la no discriminación, incluidas las cuestiones relativas a los romaníes y sinti

Ver también: I. 2.3.4.A.III: Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti

Roma 1993 (Decisiones: X. Declaración sobre el nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo)

1. Recordando las decisiones adoptadas en la Reunión del Consejo celebrada en Estocolmo, los Ministros tomaron nota con profunda preocupación de las crecientes manifestaciones del nacio- nalismo agresivo, tales como el expansionismo territorial y las del racismo, chovinismo, xenofo- bia y antisemitismo. (…)

6. Los Ministros decidieron mantener esta cuestión en un lugar destacado dentro del orden del día de la CSCE y, por consiguiente, decidieron:

pedir a la OIDDH que preste particular atención a esos fenómenos y que asigne recursos, si pro- cede, para hacer frente a esos problemas.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

Bucarest 2001 (Decisión nº 5/01)

El Consejo Ministerial, (…)

Pide a los Estados participantes que fomenten la tolerancia y la no discriminación también mediante campañas de mentalización y educación; Pide a las instituciones de la OSCE, especialmente a la OIDDH, al Alto Comisionado para las Minorías Nacionales y al Representante para la Libertad de los Medios de Comunicación, que presten mayor atención a las manifestaciones de nacionalismo agresivo, racismo, patriotería, xenofobia, antisemitismo y extremismo violento, a fin de combatir la intolerancia y la discriminación por motivos de raza, origen étnico, creencias religiosas, opi- niones políticas, etc., y para fomentar el respeto del Estado de derecho, los valores democráticos,

52 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

los derechos humanos y las libertades fundamentales, incluidas la libertad de expresión, de pen- samiento, de conciencia, de religión o de creencia. 2 Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

III Lucha contra el racismo y la discriminación Normas legales y su estricta observancia

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

20. La OIDDH y, en casos en que proceda, otras instituciones y estructuras de la OSCE, así como sus operaciones sobre el terreno, brindarán asistencia a los Estados participantes de la OSCE que lo soliciten en la preparación de normas legales contra la discriminación, así como en la creación de órganos de lucha contra la discriminación. (…)

22. Cuando así se le pida, la OIDDH prestará asesoramiento acerca de la forma en que ciertos meca- nismos de los Estados participantes, tales como oficinas del Defensor del Pueblo, comisiones para la lucha contra la discriminación, comisiones disciplinarias de la policía, y otros órganos pertinen- tes, pueden coadyuvar a reducir tensiones entre la comunidad romaní y sinti y otras comunidades.

Policía

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

33. La Unidad de Estrategia Policial de la Secretaría y la OIDDH prestarán asistencia a los Estados participantes en la elaboración de programas y de medidas para el fomento de la confianza, tales como fuerzas de policía ciudadana, para mejorar las relaciones entre la población romaní y la poli- cía, especialmente a nivel local.

Medios informativos

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

39. En cooperación con la OIDDH y con las organizaciones internacionales pertinentes, el Repre- sentante para la Libertad de los Medios de Comunicación (ROLMC) ha de estudiar la manera en que la OSCE podría coadyuvar a la creación de una Radio Romaní Europea, que emitiría sus pro- gramas en toda Europa. La OIDDH y el ROLMC deberían organizar debates públicos, campañas contra la discriminación y programas conjuntos de capacitación con los medios informativos y al servicio de dichos medios. (…)

Atención de salud

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

64. En colaboración con otras organizaciones internacionales y ONG, la OIDDH procurará valerse de datos obtenidos de la investigación para identificar factores socioeconómicos Políticos y cultu- rales que puedan tener un impacto sobre la salud de la población romaní y sinti, e informará a los

53 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Estados participantes de todo programa de salud pública que sirva para responder a las necesida- des que se hayan identificado.

VI. Elevando su participación en la vida política y pública

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

99. La OIDDH y, cuando proceda, toda otra institución o estructura de la OSCE, así como sus operaciones sobre el terreno, deberá instituir programas destinados a favorecer la práctica de toda inscripción que sea necesaria para la plena participación en la vida política. (…)

101. La OIDDH, y siempre que proceda, toda otra institución y estructura de la OSCE, así como sus operaciones sobre el terreno, desarrollarán e impartirán cursos de capacitación para electores, así como programas de inscripción en el censo electoral.

102. La OIDDH actuará como órgano catalizador del intercambio de información y de prácticas reco- mendadas en este campo entre los Estados participantes y con otras organizaciones internacionales.

103. La OIDDH proseguirá y fortalecerá la práctica de pasar revista al índice de participación de la población romaní en los procesos electorales, y seguirá incluyendo a expertos de la etnia romaní y sinti en sus misiones de observación de elecciones en el área de la OSCE. (…)

106. La OIDDH prestará particular atención a las actividades destinadas a facilitar la participación de la mujer romaní en todas las esferas de la vida pública y política de la sociedad.

VII. La población romaní y sinti en situaciones de crisis y posteriores a una crisis

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

113. La OIDDH hará uso de su competencia especial al ocuparse de la prevención de conflictos y al identificar puntos de crisis latente que reclamen una intervención temprana. (…)

116. Al analizar toda medida emprendida por los Estados participantes relativa a la población romaní y sinti, la OIDDH deberá asumir la iniciativa, obrando de igual modo al asesorar para eliminar efi- cazmente todo factor de tensión local que, de no controlarse, pudiera suscitar un conflicto abierto.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

6. Alienta a todos los Estados participantes a formar y llevar expedientes con toda la información fidedigna y datos estadísticos de que dispongan sobre delitos motivados por el odio, así como sobre toda manifestación violenta de racismo, xenofobia, discriminación, y antisemitismo, conforme a lo dicho y recomendado en las conferencias anteriormente mencionadas. Consciente de la impor- tancia de que se disponga de normas legales contra los delitos motivados por el odio, los Estados

54 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

participantes informarán a la OIDDH sobre su normativa legal contra los delitos motivados por la intolerancia o la discriminación, y solicitarán, siempre que proceda, la asistencia de la OIDDH en la preparación y examen de toda nueva ley al respecto; 2 7. Encarga a la OIDDH a que, cooperando plenamente con otros órganos, como el Comité para la Eliminación de la Discriminación Racial, de las Naciones Unidas, la Comisión Europea con- tra el Racismo y la Intolerancia (CERI) y el Observatorio Europeo del Racismo y la Xenofobia, así como con toda ONG pertinente, actúe como centro colector de información y estadísticas prove- nientes de los Estados participantes, y a que informe periódicamente al respecto, particularmente en el marco de la Reunión de aplicación sobre cuestiones de la dimensión humana, a fin de que dicha información pueda servir de base para señalar las prioridades de la futura labor de la OSCE a este respecto. La OIDDH deberá, entre otras cosas, promover la adopción de las prácticas reco- mendadas en este campo y diseminar toda enseñanza adquirida en la lucha contra la intoleran- cia y la discriminación; (…)

16. Encarga al Consejo Permanente, a la OIDDH, al ACMN y al Representante para la Libertad de los Medios de Comunicación que procuren obrar de consuno, en estrecha colaboración con la Presidencia en ejercicio, para velar por que se dé plenamente curso a lo dispuesto en la Presente Decisión, y pide al Consejo Permanente que se ocupe de las modalidades operativas y financieras para su puesta en práctica.

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 607 del Consejo Permanente: Lucha contra el Antisemitismo)

El Consejo Permanente, (…)

Con el fin de reforzar nuestra tarea común de lucha contra el antisemitismo en toda la región de la OSCE,

Decide, (…)

2. Encarga a la OIDDH que: • Siga muy de cerca, en plena cooperación con otras instituciones de la OSCE así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial (UNCERD), la Comisión Europea contra el Racismo y la Intolerancia (ECRI), el Observatorio Europeo del Racismo y la Xenofobia (EUMC) y otras instituciones internacionales y ONG pertinentes, los incidentes antisemitas que se registren en la zona de la OSCE, haciendo uso de toda la infor- mación fidedigna disponible; • Informe sobre sus conclusiones al Consejo Permanente y a la Reunión de Aplicación sobre Cues- tiones de la Dimensión Humana, y que haga públicas esas conclusiones. Los informes deberán tenerse en cuenta al decidir las prioridades de la labor de la OSCE en la zona de intolerancia; • Recopile y divulgue sistemáticamente en toda la zona de la OSCE información sobre las mejores prácticas para prevenir el antisemitismo y responder a ese problema y, si se le pide, que brinde asesoramiento a los Estados participantes en sus esfuerzos por combatir el antisemitismo (…)

55 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión nº 621 del Consejo Permanente: Tolerancia y lucha contra el racismo, la xenofobia y la discriminación)

El Consejo Permanente, (…)

A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,

Decide, (…)

2. Encarga a la OIDDH que: • Siga de cerca, en régimen de plena cooperación con las demás instituciones de la OSCE, así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial, la Ofi- cina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos (ACNUDH), la Comisión Europea contra el Racismo y la Intolerancia, el Observatorio Europeo del Racismo y la Xenofobia (EUMC) y con toda otra institución internacional u ONG que proceda, todo inci- dente motivado por el racismo, la xenofobia o alguna otra causa de intolerancia conexa, dirigida en particular contra los musulmanes, o por el antisemitismo en el área de la OSCE, valiéndose para dicho fin de toda información fidedigna disponible; • Dé cuenta de sus conclusiones ante el Consejo Permanente y ante la Reunión para la Aplicación de la Dimensión Humana y dé Asimismo a conocer al público dichas conclusiones. Toda infor- mación facilitada al respecto deberá ser tenida en cuenta al irse a fijar las prioridades de la labor de la OSCE en lo relativo a la intolerancia; • Reúna y difunda sistemáticamente información, por toda el área de la OSCE, sobre las mejores prácticas para evitar y responder a todo acto de racismo, xenofobia y discriminación, y preste además asesoramiento a los Estados participantes, que lo soliciten, en su lucha contra el racismo, la xenofobia y la discriminación; • Preste apoyo al desarrollo de asociaciones y otros recursos de la sociedad civil contra el racismo, la xenofobia, la discriminación o contra toda otra forma de intolerancia conexa, particularmente de la dirigida contra los musulmanes, y contra el antisemitismo;

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

6. Encomienda a la OIDDH la tarea de: 6.1 Prestar asistencia a los Estados participantes que lo soliciten en orden al desarrollo de meto- dologías y servicios apropiados para la recolección y el mantenimiento de datos y de estadísticas fiables sobre delitos motivados por el odio y otras manifestaciones violentas de intolerancia y dis- criminación, a fin de ayudarles a obtener datos y a confeccionar estadísticas comparables; 6.2 Continuar su cooperación con otras estructuras e instituciones de la OSCE, así como con el Comité de las Naciones Unidas para la Eliminación de la Discriminación Racial (UNCERD), la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos (ACNUDH), la Comisión Europea contra el Racismo y la Intolerancia (ECRI), el Observatorio Europeo del Racismo y la Xenofobia (EUMC), el Grupo de Trabajo para la Cooperación Internacional sobre la

56 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Enseñanza, el Recuerdo y la Investigación del Holocausto, y con otras instituciones pertinentes y la sociedad civil, incluidas las organizaciones no gubernamentales; 6.3 Seguir prestando apoyo, por conducto de su Panel Asesor de Expertos en Libertad de Reli- 2 gión o de Creencias, a los Estados participantes que lo soliciten en orden al fomento de la libertad de religión o de creencias, y en orden a compartir las conclusiones y pareceres del Panel con los Estados participantes en la OSCE, tanto a nivel bilateral como con ocasión de conferencias y otros actos pertinentes de la OSCE; (…)

Liubliana 2005 (Decisión nº 11/05 relativa al Fomento de la educación y la formación en materia de derechos humanos en el área de la OSCE)

El Consejo Ministerial, (…)

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

14. Alienta a la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) a que, sobre la base de los compromisos actuales, lleve a cabo lo siguiente, en colaboración, si procede, con los órganos ejecutivos de la OSCE: (a) Siga reforzando la labor de su Programa al servicio de la tolerancia y la no discriminación, y en particular de sus programas de asistencia, para ayudar a los Estados participantes que lo soliciten a cumplir sus compromisos; (b) Siga reforzando la labor del Panel Asesor de Expertos en libertad de religión o creencia, brin- dando apoyo y asistencia pericial a los Estados participantes; (c) Prosiga su estrecha cooperación con otros organismos intergubernamentales pertinentes y enti- dades de la sociedad civil al servicio del fomento del respeto y el entendimiento mutuos y de la lucha contra la intolerancia y la discriminación, en tareas como la recogida de datos sobre deli- tos motivados por el odio; (d) Siga actuando como centro de recogida de información y de estadísticas sobre delitos motiva- dos por el odio y sobre las respuestas legislativas dadas por los Estados participantes, y que facilite esa información al público en general por conducto de su Sistema de información sobre la tole- rancia y la no discriminación, y por medio de su informe sobre desafíos y respuestas a incidentes motivados por el odio en la región de la OSCE; (e) Refuerce, en la medida en que sus recursos lo permitan, su función de alerta temprana, para detectar e informar acerca de tendencias e incidentes motivados por el odio dándolos a conocer mejor, formulando recomendaciones y facilitando asistencia a los Estados participantes, que la soliciten, en aquellos ámbitos que requieran respuestas mejor calibradas

57 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

(…)

Helsinki 2008 (Decisión nº 6/08 relativa al refuerzo de las iniciativas de la OSCE para aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

El Consejo Ministerial, (…)

Decidido a intensificar los esfuerzos de la OSCE a fin de aplicar el Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE, (…)

2. Pide a la OIDDH que, dentro de los recursos disponibles, preste asistencia a los Estados parti- cipantes que lo soliciten para promover el acceso de los niños romaníes y sinti a una educación temprana. En este sentido, insta a los Estados participantes a que, si procede, inicien campañas de fomento de la concienciación, que también incluyan a las comunidades romaníes y sinti, acerca de las ventajas de una educación temprana; (…)

Atenas 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial, (…)

6. Encomienda a la OIDDH que, en colaboración y coordinación con el ACMN y el Represen- tante para la Libertad de los Medios de Comunicación, así como con otras estructuras ejecutivas pertinentes de la OSCE, de conformidad con sus mandatos y ateniéndose a los recursos dispo- nibles, continúe asistiendo a los Estados participantes para combatir los actos de discriminación y violencia contra los romaníes y sinti, atajar los estereotipos negativos sobre la población romaní y sinti en los medios informativos, teniendo en cuenta los compromisos pertinentes de la OSCE en relación con la libertad de los medios informativos, y aplicar plenamente los compromisos de la OSCE relativos en concreto a la puesta en práctica del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, así como abordar los desafíos vinculados con la integración satisfactoria y sostenible de la población romaní y sinti; (…)

8. Encomienda a la OIDDH que, en consulta con los Estados participantes y en estrecha colabora- ción con otras instituciones pertinentes de la OSCE y de conformidad con sus mandatos, desarro- lle y ejecute proyectos relacionados con la cuestión de la escolarización temprana de los romaníes y sinti, tales como proyectos destinados a la formación del profesorado y a la lucha contra el absen- tismo escolar;

9. Alienta a las instituciones pertinentes de la OSCE a que fortalezcan su cooperación y coordina- ción con otros agentes internacionales que también se ocupen de esa cuestión, como el Consejo de Europa y la Unión Europea, cuando proceda, así como con los agentes de la sociedad civil encar- gados de los asuntos relacionados con la población romaní y sinti;

10. Solicita al Director de la OIDDH que mantenga informados a los Estados participantes acerca de la labor de asistencia que lleva a cabo la OIDDH en favor de dichos Estados en lo que concierne al fomento de la integración sostenible de la población romaní y sinti, en el marco de las informa- ciones periódicas que transmite al Consejo Permanente.

58 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Atenas 2009 (Decisión nº 9/09 relativa a la lucha contra los delitos motivados por el odio)

El Consejo Ministerial, (…) 2 12. Encarga a la OIDDH que estudie, en consulta con los Estados participantes y en cooperación con las organizaciones internacionales y los socios pertinentes de la sociedad civil, el posible vín- culo entre la utilización de Internet y la violencia motivada por la parcialidad y los perjuicios que ello ocasiona, así como posibles medidas prácticas que se podrían tomar al respecto;

13. Invita al Director de la OIDDH a que mantenga informados a los Estados participantes acerca de la labor de asistencia de la OIDDH a dichos Estados en la lucha contra los delitos motivados por el odio en sus informes periódicos al Consejo Permanente.

Basilea 2014 (Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo)

Exhortamos a la OIDDH a que:

Brinde a los Estados participantes prácticas recomendables acerca de esfuerzos para combatir el antisemitismo, entre otros mediante consultas con la sociedad civil, a fin de identificar y abordar efectivamente las manifestaciones contemporáneas de antisemitismo;

Facilite la cooperación entre los funcionarios públicos y la sociedad civil en cuestiones relaciona- das con el antisemitismo, incluidos los delitos motivados por el odio y los actos en memoria del Holocausto;

Asista a los Estados participantes en su labor de recopilación de datos sobre delitos motivados por el odio antisemita, en cooperación con la sociedad civil, si procede;

Facilite el intercambio de prácticas recomendables entre los Estados participantes acerca de ini- ciativas didácticas y otras medidas para mejorar el nivel de sensibilización sobre el antisemitismo y superar los obstáculos que hay en la enseñanza acerca del Holocausto;

Promueva el diálogo y refuerce la capacidad de la sociedad civil de fomentar el respeto y el enten- dimiento recíprocos, a fin de promover la causa de la cooperación entre las diversas comunidades.

V. Tareas adicionales relacionadas con las elecciones

Sofía 2004 (Anexo a la Decisión nº14/04; Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

V. Apoyo prestado a los Estados participantes de la OSCE en el cumplimiento de sus compromisos de fomentar la igualdad entre el hombre y la mujer (…)

44. Prioridades

(a) Desarrollo de proyectos en Estados de la OSCE que no sean sede de una misión

59 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

• En países que no sean sedes de una misión de la OSCE, la OIDDH se encargará de identificar proyectos para respaldar medidas de prevención de actos de violencia contra la mujer, así como de fomento de la participación de la mujer en las esferas pública, política y económica, y de apoyo en pro de la equiparación de los géneros a nivel de cada país.

(b) Desarrollo de políticas y de un marco legal no discriminatorios • En cooperación con otras organizaciones internacionales y todo órgano e institución nacional pertinente, la OIDDH prestará asistencia a los Estados participantes de la OSCE en el cumpli- miento de los instrumentos internacionales de fomento de la igualdad entre los géneros y en el amparo de los derechos de la mujer, y les ayudará a revisar su normativa legal, velando por la introducción de toda salvaguardia legal que proceda para promover la igualdad entre los géne- ros de conformidad con los compromisos asumidos ante la OSCE y otras instituciones; • La OIDDH coadyuvará a elaborar y aplicar programas y actividades destinados al fomento de los derechos de la mujer, así como de la participación de la mujer a todos los niveles del proceso decisorio, y fomentará la igualdad entre hombres y mujeres en toda el área de la OSCE, recu- rriendo a campañas educativas en la equiparación de los géneros; • La OIDDH prestará asistencia en la aplicación y evaluación de las estrategias y planes de acción nacionales sobre medidas destinadas a promover la igualdad entre los géneros y la adopción de una perspectiva de género; (…)

(d) Igualdad de oportunidades para la mujer en la vida política y pública • La OIDDH ayudará a los Estados participantes a preparar medidas efectivas para conseguir una participación equitativa de la mujer en los procesos democráticos, ayudándoles a formular prác- ticas recomendadas para su aplicación; • La OIDDH y las operaciones de la OSCE sobre el terreno prestarán asistencia, según proceda, en el desarrollo de servicios de peritaje, a nivel local, especializados en cuestiones de género, así como redes de contacto entre los dirigentes comunitarios y los políticos; • La OIDDH seguirá ayudando a los Estados participantes a promover la participación política de la mujer. Como parte de su Misión de Observación de Elecciones, seguirá Observando la parti- cipación de la mujer en los procesos electorales e informando sobre ello. Además, en los casos en que sea posible, la OIDDH encargará y publicará informes que analicen desglosadamente la participación de la mujer en los procesos electorales;

(g) Desarrollo de mecanismos nacionales para la promoción de la mujer • La OIDDH seguirá prestando sus servicios periciales y respaldando el desarrollo de institucio- nes democráticas para promover la igualdad entre los géneros, tales como oficinas de Defenso- res del Pueblo a nivel local y nacional, según proceda; • La OIDDH facilitará el diálogo y la cooperación entre la sociedad civil, los medios informativos y las autoridades al servicio de la equiparación de los géneros.

60 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

VI. Lucha contra la trata de personas

Viena 2000 (Decisión relativa al fortalecimiento de los esfuerzos de la OSCE para luchar contra 2 la trata de seres humanos)

El Consejo Ministerial, (…)

7. Insta a las instituciones de la OSCE y en particular a la OIDDH, así como a sus misiones y cen- tros sobre el terreno, a que elaboren y apliquen programas de lucha contra la trata y a que promue- van el desarrollo de esfuerzos coordinados en materia de prevención, enjuiciamiento y protección, en cooperación con organizaciones no gubernamentales, así como con organizaciones internacio- nales y otras instituciones pertinentes; (…)

13. Insta a la Secretaría de la OSCE, en cooperación con la OIDDH, a intensificar la capacitación en la lucha contra la trata en sus programas de preparación para el personal de las misiones y cen- tros de la OSCE sobre el terreno, a fin de mejorar su capacidad de vigilar, informar y responder al problema de la trata en el marco de las actividades corrientes de la OSCE; y a mejorar el conoci- miento del problema de la trata de seres humanos por las instituciones y el personal de la OSCE; esos programas de capacitación deberán ser también puestos a disposición de los Estados partici- pantes y de otras organizaciones internacionales; (…)

Maastricht 2003 (Anexo a la Decisión nº 2/03 relativa a la lucha contra la trata de personas; Plan de acción de la OSCE contra la trata de personas)

III. Investigación, vigilancia y enjuiciamiento (…)

9. Asistencia en orden a la revisión y reforma del marco legal 9.1 La OIDDH y, siempre que proceda, las operaciones de la OSCE sobre el terreno seguirán pro- moviendo toda labor de reforma o revisión del marco legal destinada a adaptarlo a las normas internacionalmente aceptadas en este campo. (…)

10.4 Como parte de su labor de asistencia en el desarrollo de servicios nacionales de asesoramiento y consulta, la OIDDH seguirá promoviendo y alentando la colaboración entre los servicios de vigi- lancia y la sociedad civil. (…)

12. Capacitación 12.1 La OIDDH y la Unidad de Estrategia Policial seguirán preparando material docente para el personal de los servicios de vigilancia que haya de intervenir en la investigación de delitos de trata o sexuales, entablarán consultas con la Academia Internacional de Servicios de Vigilancia, sita en Budapest, sobre la posibilidad de incorporar dichas materias a su programa de estudios, buscarán al personal instructor para impartir cursos de esta índole, y facilitarán la financiación de dichos cursos para el personal de los servicios de vigilancia de los Estados participantes en la OSCE.

61 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

IV. Prevención de la trata de seres humanos

8. Campañas de alerta social 8.1 La OIDDH y, siempre que proceda, las operaciones sobre el terreno, seguirán contribuyendo a la labor de investigación, así como al fomento y organización de campañas de alerta social en esta esfera en colaboración con otras entidades pertinentes activas en algún lugar de la región de la OSCE. 8.2 (…) El Representante de la OSCE para la Libertad de los Medios de Comunicación intensificará su labor formativa, en colaboración con la OIDDH, sobre la responsabilidad de los medios infor- mativos en la presentación del tema de la trata con la debida delicadeza y sin insistir en estereoti- pos negativos. Esa labor formativa prestará particular atención a la complejidad del problema de la trata y a la necesidad de dar una respuesta global a este problema.

V. Protección y asistencia

11. Servicio nacional de consulta 11.1 Incrementar las actividades de la OSCE, especialmente de la OIDDH, para prestar asisten- cia a los Estados participantes que lo soliciten a fin de establecer un servicio nacional de consulta. 11.2 Encomendar a la Unidad de Estrategia Policial de la OSCE que siga preparando, conjunta- mente con la OIDDH, unas directrices o un manual para la identificación de presuntas víctimas o la detección de indicios reveladores de la trata de personas, como instrumento auxiliar al servi- cio de los Estados participantes. (…)

14. Capacitación (…)

14.2 Encomendar a la OIDDH que recabe y difunda información relativa a las medidas de toda índole, documentación y programas de capacitación que se estén utilizando ya en los Estados par- ticipantes.

15. Medidas legislativas 15.1 En coordinación con la Oficina de las Naciones Unidas contra la Droga y el Delito, el Consejo de Europa y otros agentes que sean del caso, la OIDDH seguirá prestando asistencia a los Esta- dos participantes que lo soliciten para armonizar sus leyes nacionales con las normas y directi- vas internacionales, en particular mediante el fomento de un trato humanitario y compasivo para con las víctimas de la trata.

VI. Mecanismos de coordinación y seguimiento

7. Encomienda a la OIDDH que preste, cuando proceda, asistencia técnica a los Estados partici- pantes en su elaboración de planes de acción nacionales contra la trata, facilitando incluso aseso- ramiento legislativo y de otra índole con miras a elevar la eficiencia de la prevención y lucha contra la trata y de la protección de sus víctimas; (…)

9. Encomienda a la OIDDH que siga ampliando su función de centro de enlace y foro para el inter- cambio de información, documentación y prácticas idóneas, y que intensifique su labor en este campo.

62 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

VII. Tareas adicionales relacionadas con las elecciones

Bucarest 2001 (Anexo a la Decisión 1 sobre la lucha contra el terrorismo y Plan de Acción de 2 Bucarest para la lucha contra el terrorismo)

II. Obligaciones jurídicas y compromisos políticos internacionales (…)

6. Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH): Si lo solicitan oficial- mente los Estados participantes interesados y cuando proceda, ofrecerá asistencia/asesoramiento técnico sobre las medidas legislativas necesarias para la ratificación de instrumentos internacio- nales, en estrecha cooperación en estrecha cooperación con otras organizaciones, incluida la Ofi- cina de las Naciones Unidas de Fiscalización de Drogas y de Prevención del Delito (ONUFDPD). (…)

III. Acción preventiva para combatir el terrorismo en el área de la OSCE (…)

10. Fomento de las Instituciones, fortalecimiento del Estado de derecho y de las autoridades estatales – OIDDH: OIDDH: Facilitará el intercambio de información entre los Estados participantes sobre mejores prácticas y experiencias a ese respecto. Facilitará el intercambio de información entre los Estados participantes sobre mejores prácticas y experiencias a ese respecto. Seguirá llevando a cabo proyectos para consolidar las instituciones democráticas, la sociedad civil y la buena gestión pública. (…)

Fortalecimiento de la legislación nacional para la lucha contra el terrorismo: (…)

18. OIDDH: Cuando proceda y previa petición de los Estados participantes interesados, ofrecerá asesoramiento/asistencia técnica para la aplicación de instrumentos internacionales de lucha con- tra el terrorismo, así como sobre el cumplimiento de dichos instrumentos con las normas interna- cionales, de conformidad con las decisiones del Consejo Permanente, y para tal finalidad recabará la cooperación de otras organizaciones, especialmente la ONUFDPD. Estudiará la posibilidad de facilitar los contactos entre expertos nacionales para promover el intercambio de informaciones y de mejores prácticas sobre legislación contra el terrorismo. (…)

Promoción del cumplimiento de la ley y lucha contra la delincuencia organizada: (…)

22. OIDDH: Prestará asesoramiento continuo a los Estados participantes que lo pidan, para el for- talecimiento de instituciones y marcos jurídicos nacionales que preconicen el Estado de derecho, como por ejemplo, los organismos encargados de hacer cumplir la ley, la judicatura y el ministerio fiscal, las asociaciones de abogados colegiados y los abogados de la defensa. Ampliará sus esfuerzos encaminados a luchar contra la trata de seres humanos y a prestar apoyo a las víctimas de la trata. Cuando proceda, apoyará la reforma penitenciaria y el mejoramiento del procedimiento penal.

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Liubliana 2005 (Declaración Ministerial relativa al Convenio Internacional para la Represión de los Actos de Terrorismo Nuclear)

1. Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la OSCE, acoge- mos con beneplácito la aprobación, por la Asamblea General de las Naciones Unidas, del Conve- nio internacional para la represión de los actos de terrorismo nuclear. (…)

4. Instamos al Secretario General de la OSCE y a la Oficina de Instituciones Democráticas y Dere- chos Humanos a que, siempre que proceda, brinden, a todo Estado participante que lo solicite oficialmente, asistencia o asesoramiento técnico respecto de la pronta ratificación, aceptación o aprobación de dicho Convenio internacional, en estrecha cooperación con la Oficina de las Nacio- nes Unidas contra la Droga y el Delito. (…)

Madrid 2007 (Declaración Ministerial sobre el apoyo a la Estrategia global de las Naciones Unidas contra el Terrorismo) (…)

22. La Oficina de Instituciones Democráticas y Derechos Humanos seguirá prestando ayuda a los Estados participantes que lo soliciten para velar por que sus iniciativas de lucha contra el terro- rismo respeten plenamente los derechos humanos, de acuerdo con los compromisos contraídos en el marco de la OSCE. La OIDDH seguirá prestando asistencia técnica y asesoramiento en aspectos relacionados con los derechos humanos, para la elaboración y aplicación de leyes nacionales enca- minadas a contrarrestar las amenazas planteadas por el terrorismo, el extremismo violento y la radicalización, y seguirá también facilitando el diálogo entre los Estados y los agentes no guber- namentales, con miras a explorar nuevas áreas de cooperación y asistencia mutua; (…)

B. El Alto Comisionado de la OSCE para las Minorías Nacionales

Helsinki 1992 (Decisión II del Alto Comisionado de la CSCE para las Minorías Nacionales)

(1) Los Estados participantes deciden crear un Alto Comisionado para las Minorías Nacionales.

(2) El Alto Comisionado actuará bajo la tutela del CAF y, de este modo, será un instrumento de prevención de conflictos en la fase más temprana que sea posible.

(3) El Alto Comisionado facilitará “pronta alerta” y, cuando proceda, “pronta acción” en la fase más temprana que sea posible en lo que respecta a las tensiones que conciernan a cuestiones de mino- rías nacionales que no hayan pasado todavía de la fase de pronta alerta pero que, a juicio del Alto Comisionado, puedan provocar un conflicto dentro de la zona de la CSCE que afecte a la paz, a la estabilidad o a las relaciones entre Estados participantes, que requiera la atención del Consejo o del CAF y la adopción de medidas.

(4) De conformidad con el mandato, basado en los principios y compromisos de la CSCE, el Alto Comisionado procederá reservadamente y con independencia de todas las partes directamente involucradas en las tensiones.

64 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

(5a) El Alto Comisionado examinará cuestiones de minorías nacionales cuando éstas ocurran en el Estado del que el Alto Comisionado sea nacional o residente, o cuando la cuestión afecte a una minoría nacional a la que el Alto Comisionado pertenezca, solamente si todas las partes directa- 2 mente interesadas están de acuerdo, inclusive el Estado de que se trate. (5b) El Alto Comisionado no examinará las cuestiones relativas a minorías nacionales en situacio- nes que impliquen actos organizados de terrorismo. (5c) El Alto Comisionado tampoco examinará las violaciones de los compromisos de la CSCE con respecto a una persona individual perteneciente a una minoría nacional.

(6) Al examinar una situación, el Alto Comisionado tendrá plenamente en cuenta los procedimien- tos democráticos y los instrumentos internacionales disponibles para remediarla, así como su uti- lización por las partes interesadas.

(7) Cuando una cuestión determinada de minoría nacional haya sido planteada ante el CAF, la participación del Alto Comisionado requerirá una petición y un mandato específico del CAF.

Requisitos, designación, apoyo

(8) El Alto Comisionado será una personalidad internacional eminente con larga y adecuada expe- riencia y del que pueda esperarse una ejecución imparcial de la función.

(9) El Alto Comisionado será designado por consenso por el Consejo y por recomendación del CAF por un período de tres años, que solamente podrá prolongarse por un nuevo mandato de tres años.

(10) El Alto Comisionado hará uso de los medios de que dispone la OIDDH de Varsovia y, en par- ticular, de la información pertinente sobre todos los aspectos de las cuestiones de minorías nacio- nales disponibles en la OIDDH.

Pronta alerta

(11) El Alto Comisionado: (11a) reunirá y recibirá información general relativa a las cuestiones de minorías nacionales pro- cedente de las fuentes descritas a continuación (véanse los párrafos (23)-(25) del Suplemento); (11b) evaluará en la fase más temprana que sea posible la función de las partes directamente invo- lucradas, el carácter de las tensiones y los últimos acontecimientos dentro de ellas y, siempre que sea posible, las eventuales consecuencias para la paz y la estabilidad dentro de la región de la CSCE; (11c) para ello podrá visitar, de conformidad con el párrafo (17) y los párrafos (27)-(30) del Suple- mento, cualquier Estado participante y entrar personalmente en comunicación, a reserva de las disposiciones del párrafo (25), con las partes directamente involucradas a fin de obtener informa- ción de primera mano sobre la situación de las minorías nacionales.

(12) En el curso de una visita a un Estado participante, el Alto Comisionado podrá, al mismo tiempo que obtiene información de primera mano de todas las partes directamente involucradas, discutir las cuestiones con las partes y, cuando proceda, promover el diálogo, la confianza y la cooperación entre ellas.

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Anuncio de pronta alerta

(13) Si, sobre la base de intercambios de comunicaciones y contactos con las partes interesadas, llegase a la conclusión de que a primera vista existe un riesgo de conflicto potencial (tal como se establece en el párrafo (3)), el Alto Comisionado podrá lanzar una “pronta alerta”, que será comu- nicada rápidamente por el Presidente en ejercicio al CAF.

(14) El Presidente en ejercicio incluirá esta pronta alerta en el orden del día de la próxima Reunión del CAF. Si un Estado estimare que esa pronta alerta merece una consulta rápida, podrá iniciar el procedimiento establecido en el Anexo 2 del Resumen de Conclusiones de la Reunión de Berlín del Consejo (“Mecanismo de Emergencia”).

(15) El Alto Comisionado explicará al CAF las razones del anuncio de la pronta alerta.

Pronta acción

(16) El Alto Comisionado podrá recomendar que se le autorice a entrar nuevamente en contacto y a consultar más directamente a las partes involucradas con miras a posibles soluciones en virtud de un mandato que será decidido por el CAF. El CAF decidirá en consecuencia.

Responsabilidad

(17) El Alto Comisionado consultará con el Presidente en ejercicio antes de salir para un Estado participante con el fin de estudiar una tensión que implique a minorías nacionales. El Presidente en ejercicio consultará, reservadamente, con el (los) Estado(s) participante(s) interesado(s) y podrá consultar más ampliamente.

(18) Después de la visita a un Estado participante, el Alto Comisionado suministrará informes estrictamente confidenciales al Presidente en ejercicio sobre los resultados y progresos de la par- ticipación del Alto Comisionado en una cuestión determinada.

(19) Después de que se haya terminado la participación del Alto Comisionado en una cuestión determinada, el Alto Comisionado informará al Presidente en ejercicio acerca de observaciones, resultados y conclusiones. Dentro del plazo de un mes, el Presidente en ejercicio consultará, reser- vadamente, acerca de observaciones, resultados y conclusiones con el (los) Estado(s) participante(s) involucrado(s) y podrá celebrar consultas más amplias. Después de ello, el informe se transmitirá al CAF, junto con posibles observaciones.

(20) Si el Alto Comisionado llega a la conclusión de que la situación está convirtiéndose en un con- flicto, o si el Alto Comisionado estima que el margen de acción del Alto Comisionado se ha ago- tado, el Alto Comisionado deberá informar de ello al CAF por conducto del Presidente en ejercicio.

(21) En el caso de que el CAF se viera implicado en una cuestión determinada, el Alto Comisio- nado facilitará información y, si se le pide, consejo al CAF, o a cualquier otra institución u organi- zación que el CAF pueda invitar, de conformidad con las disposiciones del Capítulo III del presente documento, para tomar medidas con respecto a las tensiones o conflicto.

(22) El Alto Comisionado, si se lo solicita el CAF, y habida cuenta de las exigencias de confidencia- lidad de su mandato, informará de sus actividades a las reuniones de la CSCE relativas a la apli- cación de la Dimensión Humana.

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Suplemento

Fuentes de información sobre cuestiones de minorías nacionales 2 (23) El Alto Comisionado puede: (23a) reunir y recibir información de cualquier fuente, inclusive medios de comunicación y orga- nizaciones no gubernamentales, con la excepción mencionada en el párrafo (25), con respecto a la situación de las minorías nacionales y al papel jugado por las partes involucradas; (23b) recibir informes específicos de las partes directamente involucradas con respecto a los acon- tecimientos relativos a cuestiones de minorías nacionales. Estos pueden incluir informes sobre vio- laciones de los compromisos de la CSCE con respecto a las minorías nacionales, así como otras violaciones efectuadas en el contexto de las cuestiones relativas a las minorías nacionales.

(24) Esos informes específicos al Alto Comisionado deberían satisfacer las exigencias siguientes: • presentarse por escrito, dirigidos al Alto Comisionado en calidad de tal y firmados con nom- bres y apellidos completos y dirección; • incluir una relación objetiva de los acontecimientos relativos a la situación de las personas perte- necientes a minorías nacionales y al papel jugado por las partes involucradas en ellos, que hayan tenido lugar recientemente, en principio con una anterioridad no superior a 12 meses. Los infor- mes deberían incluir información que pudiera ser suficientemente comprobada.

(25) El Alto Comisionado no establecerá contacto alguno ni acusará recibo de las comunicacio- nes que le remitan personas u organizaciones que practiquen o apoyen públicamente el terro- rismo o la violencia.

Partes directamente involucradas

(26) Las partes directamente involucradas en tensiones, que pueden facilitar informes específi- cos al Alto Comisionado y con las que el Alto Comisionado tratará de comunicar personalmente durante la visita a un Estado participante son las siguientes: (26a) los gobiernos de los Estados participantes, inclusive, si procede, las autoridades regionales y locales de las zonas en que residen minorías nacionales; (26b) los representantes de asociaciones, organizaciones no gubernamentales, religiosas y demás grupos de minorías nacionales directamente interesados y residentes en la zona de tensión, auto- rizados por las personas pertenecientes a las minorías nacionales a que les representen. Condicio- nes de viaje del Alto Comisionado

(27) Antes de una visita prevista, el Alto Comisionado presentará al Estado participante involucrado información específica con respecto al objetivo previsto de esa visita. En un plazo de dos semanas el(los) Estado(s) involucrado(s) consultará(n) con el Alto Comisionado acerca de los objetivos de la visita, que podrá incluir el fomento del diálogo, la confianza y la cooperación entre las partes. Después de su entrada en el país, el Estado involucrado facilitará viajes y comunicación libres al Alto Comisionado, a reserva de las disposiciones del párrafo (25) anterior.

(28) Si el Estado involucrado no permite al Alto Comisionado entrar en el país y viajar y comuni- car libremente, el Alto Comisionado informará de ello al CAF.

(29) En el transcurso de esa visita, a reserva de la disposición del párrafo (25), el Alto Comisionado podrá consultar a las partes involucradas y recibir información confidencial de cualquier individuo,

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grupo u organización directamente interesado por las cuestiones de que se está ocupando el Alto Comisionado. El Alto Comisionado respetará el carácter confidencial de la información.

(30) Los Estados participantes se abstendrán de tomar medidas contra personas, organizaciones e instituciones en razón de sus contactos con el Alto Comisionado.

El Alto Comisionado y la participación de expertos

(31) El Alto Comisionado podrá decidir la petición de ayuda de no más de tres expertos con cono- cimientos pertinentes en cuestiones específicas que requieran investigación especializada y ase- soramiento conciso.

(32) Si decide recurrir a los servicios de expertos, el Alto Comisionado establecerá un mandato y un calendario claramente definidos para las actividades de los expertos.

(33) Los expertos sólo visitarán un Estado participante al mismo tiempo que el Alto Comisionado. Su mandato será parte integrante del mandato del Alto Comisionado y se les aplicarán las mis- mas condiciones de viaje.

(34) El consejo y las recomendaciones pedidas a los expertos se presentarán reservadamente al Alto Comisionado, quien será responsable de las actividades y de los informes de los expertos y decidirá cuándo y en qué forma el asesoramiento y las recomendaciones serán comunicados a las partes interesadas. No serán vinculantes. Si el Alto Comisionado decide dar a conocer el asesoramiento y las recomendaciones, al (a los) Estado(s) interesado(s), se dará oportunidad de formular obser- vaciones al respecto.

(35) El Alto Comisionado elegirá a los expertos, con ayuda de la OIDDH, de la lista establecida en la OIDDH tal como se indica en el Documento de la Reunión de Moscú.

(36) Entre los expertos no figurarán nacionales o residentes de los Estados participantes involu- crados ni tampoco personas designadas por el Estado involucrado o expertos contra los cuales el Estado participante haya formulado previamente reservas. Entre los expertos no figurarán nacio- nales o residentes del propio Estado participante ni tampoco personas que él haya designado para figurar en la lista, o más de un nacional o residente de un Estado determinado.

Estocolmo 1992 (Decisiones: 3. Alto Comisionado para las Minorías Nacionales)

(…) Los Ministros expresaron su apoyo al Alto Comisionado y su buena disposición para coope- rar con él en la ejecución de esta compleja pero esencial labor de poder identificar y detener en la fase más temprana posible las tensiones que impliquen cuestiones relativas a las minorías nacio- nales que puedan degenerar en conflicto dentro de la región de la CSCE.

Los Ministros alentaron al Alto Comisionado a que analice cuidadosamente las posibles zonas de tensión, efectúe visitas a los Estados participantes y celebre amplios debates a todos los niveles con las partes directamente involucradas en las cuestiones. A este respecto, el Alto Comisionado podrá discutir las cuestiones con las partes y, cuando proceda, fomentar el diálogo, la confianza y la cooperación entre ellas a todos los niveles, a fin de mejorar las soluciones políticas acordes con los principios y compromisos de la CSCE.

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Los Ministros se comprometieron a facilitar al Alto Comisionado la información pertinente a su disposición sobre las cuestiones relativas a las minorías nacionales, respetando plenamente la inde- pendencia del Alto Comisionado de conformidad con el mandato. 2 Roma 1993 (Decisiones: III. Alto Comisionado para las Minorías Nacionales)

Teniendo presente la estrecha interrelación existente entre los problemas de minorías nacionales y de prevención de conflictos, los Ministros alentaron al Alto Comisionado para las Minorías Nacio- nales (ACMN) a que prosiga sus actividades de conformidad con su mandato. (…) Los Ministros hicieron hincapié en la importancia de que los Estados participantes cooperen plenamente con el Alto Comisionado y apoyen el seguimiento y la aplicación de sus recomendaciones (…)

Bucarest 2001 (Decisión nº 5/01)

El Consejo Ministerial, (…)

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

III. Lucha contra el racismo y la discriminación

Normas legales y su estricta observancia

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

21. En el marco de su mandato, el ACMN continuará informándose acerca de la elaboración de leyes contra la discriminación, y prestará asesoramiento y asistencia a los Estados participantes a ese respecto, si procede.

Policía

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

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Medios informativos

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

42. El ACMN seguirá formulando y difundiendo directrices para los responsables de la política informativa, sobre la utilización de los medios de radiodifusión públicos en las comunidades plu- riculturales, alentando, entre otras cosas, todo apoyo prestado a las emisoras de las minorías, par- ticularmente de la minoría romaní y sinti, y mejorando el acceso de dicha minoría a los medios informativos.

V. Mejorar el acceso a la educación

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

85. la educación pública todos los miembros de la sociedad, alentándoles además a adoptar medi- das por mejorar la situación de la población romaní y sinti a dicho respecto.

86. El ACMN seguirá impartiendo orientación sobre modelos, y programas docentes, y sobre la enseñanza en el idioma materno, o de dicho idioma materno, y concretamente en romaní.

VI. Elevando su participación en la vida política y pública

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

104. El ACMN proseguirá, en el marco de su mandato, con la labor de asesorar a los Estados sobre medidas apropiadas para facilitar la participación de la población romaní y sinti en todas las esfe- ras de la vida pública.

VII. La población romaní y sinti en situaciones de crisis y posteriores a una crisis (…)

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE: (…)

117. El ACMN seguirá ejerciendo su mandato de prevenir todo conflicto en su fase más temprana posible.

Sofía 2004 (Anexo a la Decisión nº 14/04, Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

V. Apoyo prestado a los Estados participantes de la OSCE en el cumplimiento de sus compromisos de fomentar la igualdad entre el hombre y la mujer (…)

(d) Igualdad de oportunidades para la mujer en la vida política y pública

70 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

• El Alto Comisionado para las Minorías Nacionales (ACMN) se ocupará de cuestiones relacio- nadas con la participación de mujeres pertenecientes a minorías nacionales en la vida pública y privada y, en las políticas y proyectos desarrollados por su Oficina, y adoptará toda medida 2 que sea necesaria para luchar contra la doble discriminación que padecen esas mujeres, obrando conforme a su mandato en orden a la prevención de conflictos;

C. El Representante de la OSCE para la Libertad de los Medios de Comunicación

Copenhague 1997 (Anexo 1: Decisión nº 193 del Consejo Permanente, Mandato del Representante de la OSCE para la Libertad de los Medios de Comunicación)

1. Los Estados participantes reafirman los principios y compromisos que han contraído en el campo de la libertad de los medios de comunicación. Recuerdan en particular que la libertad de expresión es un derecho humano fundamental e internacionalmente reconocido y un componente básico de una sociedad democrática, y que los medios de comunicación libres, independientes y pluralis- tas son esenciales para una sociedad libre y abierta y sistemas de gobierno responsables. Teniendo en cuenta los principios y compromisos que han asumido en el marco de la OSCE, y con la plena voluntad de aplicar el párrafo 11 de la Declaración de la Cumbre de Lisboa, los Estados partici- pantes deciden establecer, bajo los auspicios del Consejo Permanente, un cargo de representante de la OSCE para la libertad de los medios de comunicación. El objetivo es fomentar la aplicación de los principios y compromisos pertinentes de la OSCE, así como mejorar la eficacia de la acción concertada de los Estados participantes, basada en sus valores comunes. Los Estados participan- tes confirman que cooperarán plenamente con el Representante de la OSCE para la Libertad de los Medios de Comunicación. El Representante asistirá a los Estados participantes, con espíritu de cooperación, en su compromiso permanente de promover medios de comunicación libres, inde- pendientes y pluralistas.

2. El Representante de la OSCE para la Libertad de los Medios de Comunicación, basándose en los principios y compromisos de la OSCE, estudiará los asuntos relacionados con los medios de comu- nicación en todos los Estados participantes y, sobre esta base y en estrecha coordinación con el Presidente en ejercicio, recomendará y promoverá el pleno cumplimiento de los principios y com- promisos de la OSCE relacionados con la libertad de expresión y con los medios de comunicación libres. Asumirá la función de alerta temprana y abordará los graves problemas. Entre otros moti- vos, la obstrucción de las actividades de los medios de comunicación y las condiciones desfavora- bles de trabajo de los periodistas. Cooperará estrechamente con los Estados participantes, con el Consejo Permanente, con la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH), con el Alto Comisionado para las Minorías Nacionales y, cuando proceda, con otros organismos de la OSCE, así como con asociaciones nacionales e internacionales de medios de comunicación.

3. El Representante de la OSCE para la Libertad de los Medios de Comunicación se encargará prin- cipalmente, según se enuncia en el presente párrafo, de dar una rápida respuesta a los casos graves de incumplimiento por los Estados participantes de los principios y compromisos de la OSCE en materia de libertad de expresión y de libertad de los medios de comunicación. En caso de que se alegue incumplimiento grave de dichos principios y compromisos, el Representante de la OSCE para la Libertad de los Medios de Comunicación tratará de ponerse directamente en contacto, de la forma adecuada, con el Estado participante y con otras partes involucradas, evaluará los hechos, ayudará al Estado participante, y contribuirá a resolver la cuestión. Mantendrá informado de sus actividades al Presidente en ejercicio e informará al Consejo Permanente de los resultados obte- nidos, así como de sus observaciones y recomendaciones.

71 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

4. El Representante de la OSCE para la Libertad de los Medios de Comunicación no desempeñará funciones jurídicas, y su actuación no prejuzgará en modo alguno los procedimientos jurídicos nacionales o internacionales relacionados con supuestas violaciones de los derechos humanos. Del mismo modo, los procedimientos nacionales o internacionales relacionados con supuestas viola- ciones de los derechos humanos no impedirán en modo alguno el cumplimiento de sus tareas, según se enuncian en el presente mandato.

5. El Representante de la OSCE para la Libertad de los Medios de Comunicación podrá recoger y recibir información de todas las fuentes fidedignas acerca de la situación de los medios de comu- nicación. En especial, se basará en la información y en las evaluaciones facilitadas por la OIDDH, a la que ayudará a evaluar las condiciones necesarias para el funcionamiento de medios de comu- nicación libres, pluralistas e independientes, antes y después de las elecciones y durante ellas.

6. El Representante de la OSCE para la Libertad de los Medios de Comunicación podrá recoger y recibir en todo momento de los Estados participantes y de otras partes interesadas (por ejem- plo, organizaciones o instituciones, medios de comunicación y sus representantes, y las ONG per- tinentes) peticiones, sugerencias y comentarios relacionados con el fomento y la promoción del cumplimiento de los principios y compromisos correspondientes de la OSCE, incluyendo supues- tos casos graves de intolerancia por parte de Estados participantes que utilicen medios de comu- nicación en violación de los principios a que se hace referencia en el párrafo 25 del Capítulo VIII del Documento de Budapest, y en el Capítulo X de las Decisiones de la Reunión del Consejo en Roma. También podrá presentar peticiones, sugerencias y comentarios al Consejo Permanente, recomendando la adopción de medidas, si procede.

7. El Representante de la OSCE para la Libertad de los Medios de Comunicación sostendrá consul- tas regulares con el Presidente en ejercicio e informará periódicamente al Consejo Permanente. El Consejo Permanente podrá invitarle a presentar informes con arreglo al presente mandato sobre cuestiones concretas relacionadas con la libertad de expresión y con los medios de comunicación libres, pluralistas e independientes. El Representante informará anualmente a la Reunión de Apli- cación de la OSCE sobre cuestiones de la Dimensión Humana, o a la OSCE sobre el estado de cum- plimiento de los principios y compromisos de la OSCE relacionados con la libertad de expresión y con los medios de comunicación libres en los Estados participantes de la OSCE.

8. El Representante de la OSCE para la libertad de los Medios de Comunicación no establecerá contacto con personas u organizaciones que practiquen o apoyen públicamente el terrorismo o la violencia ni dará por recibida ninguna comunicación de dichas personas u organizaciones.

9. El Representante de la OSCE para la Libertad de los Medios de Comunicación será una persona- lidad internacional destacada, con probada experiencia en la materia. Desempeñe imparcialmente sus funciones, en el desempeño de las cuales se guiará por su juicio independiente y objetivo del contenido de los párrafos específicos del presente mandato.

10. El Representante de la OSCE para la Libertad de los Medios de Comunicación sólo examinará aquellos casos graves que se planteen en el contexto del presente mandato y que hayan tenido lugar en el Estado participante del que sea nacional o residente, si todas las partes directamente invo- lucradas, incluido el Estado participante de que se trate, están de acuerdo. Si no hubiera acuerdo, el asunto se remitirá al Presidente en ejercicio, que podrá designar un representante especial para que se ocupe de ese caso concreto.

11. El Representante de la OSCE para la Libertad de los Medios de Comunicación cooperará, por medio de contactos periódicos, con las organizaciones internacionales pertinentes, incluyendo las

72 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Naciones Unidas y sus organismos especializados y el Consejo de Europa, con el fin de favorecer la coordinación y para evitar la duplicación de actividades. 2 12. El Consejo Ministerial, de conformidad con los procedimientos de la OSCE y por recomenda- ción del Presidente en ejercicio tras llevar a cabo consultas con los Estados participantes, designará al Representante de la OSCE para la Libertad de los Medios de Comunicación, que desempeñará su cargo durante un período de tres años que podrá prorrogarse según el mismo procedimiento por un nuevo mandato de tres años. (…)

14. La Oficina del Representante de la OSCE para la Libertad de los Medios de Comunicación estará en Viena.

Bucarest 2001 (Anexo a la Decisión 1 sobre la lucha contra el terrorismo y Plan de Acción de Bucarest para la lucha contra el terrorismo)

11. Promoción de los derechos humanos, la tolerancia y el multiculturalismo: (…)

12. Representante para la Libertad de los Medios de Comunicación Estudiará la posibilidad de rea- lizar proyectos encaminados a fomentar la tolerancia hacia las personas de otras creencias y convic- ciones, mediante el uso de los medios informativos. Promoverá medidas encaminadas a prevenir y combatir el nacionalismo agresivo, el racismo, la patriotería, la xenofobia y el antisemitismo en los medios de comunicación. Seguirá alentando un debate pluralista y se esforzará por que los medios informativos presten mayor atención a la promoción de la tolerancia con respecto a la diversidad étnica, religiosa, lingüística y cultural. En ese contexto, fomentará un amplio acceso público a los medios informativos y vigilará los discursos que fomentan el odio. (…)

19. Promoción del cumplimiento de la ley y lucha contra la delincuencia organizada: (…)

23. Representante para la Libertad de los Medios de Comunicación: Cooperará en la prestación del apoyo que se le pida para redactar legislación sobre la prevención del abuso de la tecnología de la información con fines terroristas, a fin de lograr que dicha legislación sea compatible con los com- promisos en materia de libertad de expresión y libre circulación de informaciones.

Bucarest 2001 (Decisión nº 5/01)

El Consejo Ministerial, (…)

73 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Maastricht 2003 (Anexo a la Decisión nº 3/03; Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

Medios informativos

Medidas recomendadas para su adopción por las instituciones y otras estructuras de la OSCE:

40. EL ROLMC debería estudiar la posibilidad de coadyuvar a seminarios de capacitación para periodistas romaníes.

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 633 del Consejo Permanente: Fomento de la tolerancia y la libertad de los medios informativos en Internet)

4. El Representante de la OSCE para la Libertad de los Medios de Comunicación deberá seguir obrando en aras del fomento de la libertad de acceso y de expresión por Internet y deberá man- tenerse al corriente de toda novedad importante observable a este respecto en cualquiera de los Estados participantes. Deberá además preconizar y promover la observancia de los principios y compromisos de la OSCE. Cabe citar al respecto su deber de alertar prontamente respecto de toda medida por la que se restrinja la expresión de ideas racistas, xenófobas, antisemitas o simila- res que sea impuesta de modo discriminatorio o selectivo al servicio de fines políticos y que pueda prestarse a que se limite la libertad de expresar opiniones o pareceres meramente alternativos;

Sofía 2004 (Anexo a la Decisión nº 14/04, Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

V. Apoyo prestado a los Estados participantes de la OSCE en el cumplimiento de sus compromisos de fomentar la igualdad entre el hombre y la mujer (…)

El Representante de la OSCE para la Libertad de los Medios de Comunicación (ROLMC) atenderá a toda denuncia de actos graves de intolerancia contra mujeres o de incitación a la discriminación por razones de género, ya sea en los propios medios informativos de los Estados participantes o por conducto de los mismos, de conformidad con el capítulo 6 del mandato del ROLMC. En sus infor- mes periódicos, el representante dará cuenta a los Estados participantes de todo caso de esta índole.

74 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos) 2 El Consejo Ministerial, (…)

15. Alienta al Representante para la Libertad de los Medios de Comunicación a que, en la medida en que disponga de recursos para ello, estudie la posibilidad de examinar prácticas idóneas en cuestiones de su incumbencia relacionadas con la lucha contra la intolerancia; (…)

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos)

Con motivo del décimo aniversario de la Oficina del Representante para la Libertad de los Medios de Comunicación, reconocemos la labor que lleva a cabo esa institución a fin de fomentar la inde- pendencia y la pluralidad de los medios informativos, esenciales para una sociedad libre y abierta, y unos sistemas de gobierno responsables. Apelamos a los Estados participantes y a los Socios para la Cooperación para que creen un entorno adecuado en el que puedan prosperar unos medios informativos libres e independientes. (…)

Milán 2018 (Decisión 3/18 relativa a la seguridad de los periodistas)

Pide a los Estados participantes que: (…)

13. Cooperen plenamente con el Representante de la OSCE para la Libertad de los Medios de Comu- nicación, también en la cuestión de la seguridad de los periodistas;

14. Alienten al Representante de la OSCE para la Libertad de los Medios de Comunicación a que siga defendiendo y promoviendo la seguridad de los periodistas en todos los Estados participan- tes de la OSCE, de conformidad con su mandato.

D. La Secretaría, Representante Especial para la Lucha contra la Trata de Personas

Bruselas 2006 (Decisión nº 3/06 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Recordando la Decisión n° 2/03 de la Undécima Reunión del Consejo Ministerial en Maastricht, relativa a la lucha contra la trata de personas, en la que se estableció, bajo el patrocinio del Consejo Permanente, el mecanismo de la OSCE destinado a prestar asistencia a los Estados participantes en la lucha contra la trata de personas,

Reafirmando la importancia de contar con una estructura adecuada, dotada con los recursos admi- nistrativos y financieros suficientes, que pueda funcionar a nivel político;

75 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

1. Decide que el mecanismo de la OSCE para prestar asistencia a los Estados participantes en la lucha contra la trata de personas, establecido bajo el patrocinio del Consejo Permanente, pase a for- mar parte integrante de la Secretaría. Esta estructura estará encabezada por una personalidad emi- nente, que actuará como Representante Especial y representará a la OSCE a nivel político, y estará constituida por personal contratado y adscrito, que incluirá al personal de la actual Dependencia de Asistencia para la lucha contra la trata, nombrado o asignado de conformidad con el Estatuto y el Reglamento de Personal de la OSCE;

La estructura: (a) Prestará asistencia a los Estados participantes de la OSCE en el cumplimiento de los compro- misos y la plena aplicación de las recomendaciones enunciadas en el Plan de Acción de la OSCE contra la trata de personas, incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son víctimas de la trata; (b) Reforzará la cooperación entre las autoridades correspondientes de los Estados participantes, y entre la OSCE y otras organizaciones pertinentes; (c) Realzará la proyección pública y política de la lucha contra la trata de personas; (d) Realzará la proyección pública y política de la lucha contra la trata de personas; (e) Actuará en toda la zona de la OSCE y, según proceda, ayudará a los Estados participantes, con espíritu de cooperación y tras mantener consultas con las autoridades correspondientes de los Estados participantes interesados, a que cumplan sus compromisos relativos a la lucha contra la trata de personas; (f) Prestar y facilitar asistencia técnica y asesoramiento en el campo legislativo, así como en la for- mulación de políticas, obrando, conforme sea necesario, de consuno con otras estructuras de la OSCE activas en este campo; (g) Estará preparada para prestar asesoramiento a autoridades de alto nivel que representen a los poderes legislativo, ejecutivo y judicial en los Estados participantes, y estudiará con ellas la apli- cación del Plan de Acción de la OSCE contra la trata de personas, incluida su Adición, así como el cumplimiento de los compromisos asumidos en el ámbito de la lucha contra la trata. En casos concretos que exijan una atención especial, procurará entablar contactos directos, según corres- ponda, con el Estado participante de que se trate, y estudiará la forma de prestarle asesoramiento y ayuda concreta, si fuera necesario; (h) Cooperará con coordinadores nacionales, relatores nacionales, u otros mecanismos nacionales establecidos por los Estados participantes para coordinar y supervisar las actividades de las ins- tituciones públicas en materia de lucha contra la trata. Cooperará Asimismo con las organizacio- nes no gubernamentales pertinentes en los Estados participantes. Además, será responsable dentro de la OSCE de acoger y facilitar reuniones de intercambio de información y de experiencias entre coordinadores nacionales, representantes designados por los Estados participantes, o expertos en la lucha contra la trata de personas; (i) Cooperará estrechamente, actuando como coordinadora y respetando plenamente sus manda- tos respectivos, con la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) y con otras instituciones de la OSCE; con las estructuras correspondientes de la Secretaría, incluida la Ofi- cina del Coordinador de las Actividades Económicas y Medioambientales de la OSCE (OCAEM); con la Dependencia de asuntos policiales de carácter estratégico; con el Asesor Superior sobre cuestiones de equiparación, así como, si procede, con las operaciones de la OSCE sobre el terreno. Aprovechando los conocimientos especializados de la OSCE, las estructuras de la Organización que emprendan actividades en este ámbito mantendrán consultas entre sí y con el Representante Especial, a fin de evitar la duplicación de labores, asegurar su complementariedad y coherencia y, según proceda, procurar desarrollar un enfoque integrado;

76 2.3.4 Instituciones y estructuras de la OSCE de particular relevancia para la dimensión humana

(j) Cooperará con los interlocutores internacionales pertinentes y tratará de establecer sinergias con ellos, entre otros, con organizaciones regionales, organismos intergubernamentales y organi- zaciones no gubernamentales; y seguirá convocando, presidiendo y organizando iniciativas con- 2 juntas de la Alianza contra la Trata de Personas;

2. Pide al Secretario General y a la Presidencia en Ejercicio que mantengan consultas sobre el nom- bramiento de una personalidad eminente que posea la experiencia profesional y política especia- lizada que sea del caso: • El Secretario General designará a la personalidad como coordinador (...), con el consentimiento de la Presidencia, de conformidad con la Decisión nº 15/04 de la Duodécima Reunión del Con- sejo Ministerial en Sofía; • La Presidencia en ejercicio conferirá al coordinador las funciones y el título de Representante Especial para la lucha contra la trata de personas, con el fin de permitir al titular del puesto que represente adecuadamente a la OSCE a nivel político. Se consultará a los Estados participantes de conformidad con la Decisión n° 8 de la Décima Reunión del Consejo Ministerial en Oporto;

3. Afirma que el Representante Especial será políticamente responsable ante el Consejo Perma- nente y le informará periódicamente y cuando proceda, tras evacuar las oportunas consultas con la Presidencia en ejercicio y con el Secretario General, así como de conformidad con la Decisión n° 13/05 de la Decimotercera Reunión del Consejo Ministerial en Liubliana; (…)

5. Decide que la presente decisión enmiende a la Decisión n° 2/03 de la Undécima Reunión del Consejo Ministerial en Maastricht y que, en caso necesario, pueda ser enmendada por el Con- sejo Permanente.

Helsinki 2008 (Decisión nº 5/08 relativa a la mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral)

El Consejo Ministerial, (…)

13. Encomienda al Representante Especial, en la medida en que los recursos existentes lo permi- tan, que como parte de su labor de información periódica al Consejo Permanente incluya reco- mendaciones, en cooperación con los Estados participantes, sobre vías para seguir desarrollando mejoras en las respuestas de la justicia penal a la trata de personas.

77 3. Restricciones y derogaciones 3.1 Alcance y naturaleza de las restricciones legítimas

3.1 Alcance y naturaleza de las restricciones legítimas

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(21) Los Estados participantes velarán por que el ejercicio de los derechos arriba mencionados no esté sujeto a restricción alguna, excepto a las establecidas por la ley que sean conformes con las obligaciones de esos Estados según el derecho internacional, en particular con el Pacto Internacio- nal de Derechos Civiles y Políticos y con sus compromisos internacionales, y de modo especial con la Declaración Universal de Derechos Humanos. Estas restricciones revisten carácter de excepcio- 3 nes. Los Estados participantes velarán por que esas restricciones no se presten a abusos y que no se apliquen arbitrariamente, sino de manera que se garantice el ejercicio efectivo de esos derechos.

Copenhague 1990

(16) Los Estados participantes (…) (16.3) – subrayan que no podrá invocarse como justificación para la tortura circunstancia excep- cional alguna, estado de guerra o amenaza de guerra, inestabilidad política interna o cualquier otra emergencia pública; (…)

(24) (…) Estados participantes confirman que toda derogación de las obligaciones relativas a los derechos humanos y a las libertades fundamentales durante un estado de emergencia pública debe quedar estrictamente dentro de los límites estipulados por el derecho.

3.2 Derogaciones de las obligaciones durante un estado de emergencia pública

Copenhague 1990

(16) Los Estados participantes (16.3) – subrayan que no podrá invocarse como justificación para la tortura circunstancia excep- cional alguna, estado de guerra o amenaza de guerra, inestabilidad política interna o cualquier otra emergencia pública; (…)

(25) Estados participantes confirman que toda derogación de las obligaciones relativas a los dere- chos humanos y a las libertades fundamentales durante un estado de emergencia pública debe que- dar estrictamente dentro de los límites estipulados por el derecho internacional, en particular, por los instrumentos internacionales pertinentes por los que están vinculados, especialmente cuando se trata de derechos con respecto a los cuales no puede haber derogación.

79 3.2 Derogaciones de las obligaciones durante un estado de emergencia pública

También reafirman que

(25.1) – las medidas de derogación de tales obligaciones deben adoptarse en estricta conformidad con los requisitos de procedimiento estipulados en esos instrumentos;

2.2 Derogaciones de las obligaciones durante un estado de emergencia pública

(25.2) – la imposición de un estado de emergencia pública debe ser proclamado oficial, pública- mente y de conformidad con las disposiciones estipuladas por la ley; (25.3) – las medidas de derogación de las obligaciones se limitarán al alcance estrictamente reque- rido por las exigencias de la situación; (25.4) – tales medidas no serán discriminatorias solamente por motivos de raza, color, sexo, idioma, religión, origen social o pertenencia a una minoría.

Moscú 1991

(28) Los Estados participantes consideran importante proteger los derechos humanos y las liber- tades fundamentales durante un estado de emergencia pública, tomar en cuenta las disposiciones pertinentes del Documento de la Reunión de Copenhague y cumplir los convenios internaciona- les en que sean parte. (28.1) Los Estados participantes reafirman que un estado de emergencia pública sólo puede justi- ficarse por circunstancias excepcionales y sumamente graves, de conformidad con las obligacio- nes internacionales del Estado y los compromisos de la CSCE. Un estado de emergencia pública no podrá utilizarse para trastornar el orden democrático constitucional ni orientarse a la des- trucción de los derechos humanos y libertades fundamentales internacionalmente reconocidos. Si no es posible evitar recurrir a la fuerza, su utilización tendrá que ser razonable y limitada en la mayor medida posible. (28.2) Un estado de emergencia pública sólo podrá proclamarlo un órgano constitucionalmente legítimo, debidamente facultado para ello. En los casos en que la decisión de proclamar un estado de emergencia pública pueda ser adoptada legalmente por el poder ejecutivo, esa decisión deberá estar sujeta a la aprobación de los órganos legislativos en el más breve tiempo posible o a su con- trol por los mismos. (28.3) La decisión de declarar un estado de emergencia pública se proclamará oficial y pública- mente y de conformidad con las disposiciones estipuladas por la ley. La decisión, cuando sea posi- ble, indicará los límites territoriales a que se aplica el estado de emergencia pública. El Estado de que se trate pondrá, sin demora, a disposición de sus ciudadanos información sobre las medidas que hayan sido adoptadas. El estado de emergencia pública se levantará tan pronto como sea posible y no permanecerá vigente más tiempo del estrictamente requerido por las exigencias de la situación. (28.4) No se permitirá imponer o mantener un estado de emergencia de facto que no se conforme a las disposiciones establecidas por la ley. (28.5) Los Estados participantes tratarán de asegurar que se garantice en el más alto grado posi- ble durante un estado de emergencia pública el funcionamiento normal de los órganos legislativos. (…)

(28.7) Los Estados participantes procurarán no derogar las obligaciones que, con arreglo a los con- venios internacionales en los que son parte, sea posible derogar en caso de emergencia pública. Esas medidas no se proseguirán ni permanecerán vigentes por más tiempo que el estrictamente

80 3.2 Derogaciones de las obligaciones durante un estado de emergencia pública

requerido por las exigencias de la situación; son por naturaleza medidas excepcionales y deberían interpretarse y aplicarse con moderación. (…) (28.8) Los Estados participantes procurarán asegurar que durante un estado de emergencia pública permanezcan vigentes las garantías jurídicas necesarias para mantener el estado de derecho. Pro- curarán que en su legislación se prevea el control de los reglamentos referentes al estado de emer- gencia pública, así como de la aplicación de dichos reglamentos. (28.9) Los Estados participantes se esforzarán por mantener la libertad de opinión y la libertad de información, de conformidad con sus obligaciones y compromisos internacionales, a fin de permitir un debate público sobre la observancia de los derechos humanos y las libertades funda- 3 mentales y el levantamiento del estado de emergencia pública. De conformidad con las normas internacionales relativas a la libertad de expresión, no tomarán medidas encaminadas a impedir a los periodistas el legítimo ejercicio de su profesión salvo las estrictamente requeridas por las exi- gencias de la situación. (28.10) Cuando se declare o se levante el estado de emergencia pública en un Estado participante, el Estado en cuestión informará inmediatamente a la Institución de la CSCE* de esta decisión, así como de cualquier derogación hecha de las obligaciones internacionales del Estado en mate- ria de derechos humanos. La Institución informará sin demora a los demás Estados participantes.

* El Consejo decidirá sobre la institución.

81 Compromisos Específicos de la Dimensión Humana 1. Compromisos relativos al derecho de los pueblos a la autodeterminación 1. Compromisos relativos al derecho de los pueblos a la autodeterminación

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios VIII)

Los Estados participantes respetarán la igualdad de derechos de los pueblos, y su derecho a la libre determinación, obrando en todo momento de conformidad con los propósitos y principios de la Carta de las Naciones Unidas y con las normas pertinentes del derecho internacional, incluyendo las que se refieren a la integridad territorial de los Estados. En virtud del principio de la igualdad de derechos y libre determinación de los pueblos, todos los pueblos tienen siempre el derecho, con plena libertad, a determinar cuando y como lo deseen, su condición política interna y externa, sin injerencia exterior, y a proseguir, como estimen oportuno, su desarrollo político, económico, social y cultural. Los Estados participantes reafirman la importancia universal del respeto y del ejerci- cio efectivo de la igualdad de derechos y la libre determinación de los pueblos para el desarrollo de relaciones amistosas, tanto entre ellos como entre todos los Estados; Asimismo recuerdan la importancia de eliminar cualquier forma de violación de este principio.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios) 1 (4) [Los Estados participantes] Asimismo confirman que, en virtud del principio de la igualdad de derechos y libre determinación de los pueblos, y de acuerdo con las disposiciones del Acta Final, todos los pueblos tienen siempre el derecho, con plena libertad, a determinar cuando y como lo deseen su condición política interna y externa, sin injerencia exterior, y a proseguir como estimen oportuno su desarrollo político, económico, social y cultural.

85 2. Compromisos relativos a los componentes estructurales de una sociedad democrática 2.1 Disposiciones generales

2.1 Disposiciones generales

Bonn 1990 (Preámbulo)

(…) los Estados participantes,

Reconociendo la relación entre el pluralismo político y las economías de mercado y estando obli- gados por los principios de: • Democracia pluripartidista basada en elecciones libres, periódicas y genuinas; • Imperio de la ley e igual protección con arreglo a la ley para todos, basada en el respeto de los derechos humanos y la existencia de sistemas jurídicos efectivos, accesibles y justos; • Actividad económica que, en consecuencia, apoye la dignidad humana y no incluya trabajo for- zoso, discriminación contra los trabajadores por motivos de raza, sexo, lengua, opiniones políti- cas o religión, y negación de los derechos de los trabajadores a establecer libremente sindicatos independientes o afiliarse a ellos;

Favorecerán el logro o mantenimiento de lo siguiente (…)

Copenhague 1990 2 [Los Estados participantes] reconocen que una democracia pluralista y el Estado de Derecho son esenciales para garantizar el respeto de todos los derechos humanos y libertades fundamentales, el desarrollo de los contactos entre personas y la solución de otras cuestiones conexas de carác- ter humanitario. Por consiguiente, acogen con satisfacción el compromiso manifestado por todos los Estados participantes de favorecer los ideales de democracia y de pluralismo político, así como su determinación común de edificar sociedades democráticas basadas en elecciones libres y en el Estado de Derecho. (…)

(6) Los Estados participantes declaran que la voluntad de los pueblos, libre y claramente manifes- tada mediante elecciones periódicas y auténticas, es la base de la autoridad y legitimidad de todo gobierno (…) Reconocen su responsabilidad para defender y proteger, de conformidad con sus leyes, sus obligaciones y sus compromisos internacionales en materia de derechos humanos, el orden democrático libremente establecido por la voluntad del pueblo contra las actividades de per- sonas, grupos u organizaciones que participen en actos de terrorismo o de violencia encaminados a derrocar ese orden o el de otro Estado participante o se nieguen a renunciar a ellos.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Nos comprometemos a edificar, consolidar y reforzar la democracia como único sistema de gobierno de nuestras naciones. En este esfuerzo, obraremos de acuerdo con lo siguiente:

Los derechos humanos y las libertades fundamentales son patrimonio de todos los seres humanos, son inalienables y están garantizados por la ley. Su protección y fomento es la primera responsabi- lidad de los gobiernos. Su respeto es una salvaguardia esencial contra un excesivo poder del Estado. Su observancia y pleno ejercicio son la base de la libertad, la justicia y la paz.

87 2.1 Disposiciones generales

El gobierno democrático se basa en la voluntad popular, manifestada periódicamente mediante elecciones libres y justas. La democracia tiene como base el respeto de la persona humana y el Estado de derecho.

La democracia es la mejor salvaguardia de la libertad de expresión, de la tolerancia para con todos los grupos de la sociedad y de la igualdad de oportunidades para cada persona.

La democracia, con su carácter representativo y pluralista, entraña la responsabilidad ante el elec- torado, la obligación de las autoridades públicas de ajustarse a la ley, y la administración impar- cial de la justicia. Nadie estará por encima de la ley. (…)

Nuestros Estados cooperarán y se ayudarán entre sí con el fin de hacer irreversibles las conquis- tas de la democracia.

Moscú 1991

(17) Los Estados participantes (17.1) – condenan sin reserva a las fuerzas que tratan de tomar el poder de un gobierno represen- tativo de un Estado participante contra la voluntad del pueblo expresada en elecciones libres y jus- tas y contra el orden constitucional debidamente establecido; (17.2) – en caso de derrocamiento o de intento de derrocamiento por medios antidemocráticos de un gobierno legítimamente elegido de un Estado participante en la CSCE, apoyarán vigorosamente, de conformidad con la Carta de las Naciones Unidas, a los órganos legítimos de dicho Estado para el mantenimiento de los derechos humanos, la democracia y el estado de derecho, reconociendo su compromiso común para contrarrestar cualquier intento de derrocar esos valores básicos;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

36. (…) Basándose en los compromisos asumidos en su dimensión humana, la OSCE se esfuerza por promover, en toda su área, condiciones favorables al pleno disfrute, por todos, de sus dere- chos humanos y libertades fundamentales, al amparo de instituciones democráticas efectivas, de la legalidad de las actuaciones judiciales y del Estado de derecho. Ello presupone que todos los grupos sociales dispongan de entornos e instituciones donde poder debatir entre sí pacíficamente y donde poder expresar libremente sus intereses. La sociedad civil tiene una importante función que cumplir a este respecto, por lo que la OSCE seguirá prestando apoyo y ayuda a las organiza- ciones nacidas de la sociedad civil.

Maastricht 2003 (Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental)

1.1.1 La buena gestión pública y empresarial y un buen marco institucional son los fundamentos sobre los que se basa una sólida economía, que atraiga inversiones y que de esa manera permita a los Estados reducir la pobreza y las desigualdades, aumentar la integración social y las oportuni- dades para todos, y proteger el medio ambiente. La buena gestión a todos los niveles coadyuva a la prosperidad, la seguridad y la estabilidad. La paz, las buenas relaciones internacionales, la segu- ridad y la estabilidad del Estado, así como el amparo de la seguridad general y de cada persona y el respeto de los derechos humanos en el marco del Estado de derecho, son factores esenciales

88 2.1 Disposiciones generales

para crear el clima de confianza requerido para propiciar un desarrollo positivo tanto en lo eco- nómico como en lo social.

1.1.2 La buena gestión interesa por igual a todos los Estados participantes, por lo que todos hemos acordado esforzarnos en nuestro respectivo ámbito nacional, con el apoyo de las instituciones inter- nacionales pertinentes, para fortalecer la buena gestión en todos sus aspectos y crear métodos de cooperación que nos permitan ayudarnos mutuamente a conseguir este objetivo.

1.1.3 Para vencer la corrupción hará falta no sólo transparencia, sino también que los Estados parti- cipantes asuman una estrategia integral y a largo plazo para luchar contra ella. Nos esforzaremos por favorecer una buena gestión empresarial basada en un estrecho diálogo con el mundo empresarial y la sociedad civil, a través de las cámaras de comercio, las asociaciones de empresas y otros foros.

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos) (…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

89 2.2 Elecciones

2.2 Elecciones

Ver también: I. 2.3.4 A: La Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH)

Copenhague 1990

(7) Para garantizar que la voluntad del pueblo sirva de base para la autoridad del Gobierno, los Estados participantes (7.1) – celebrarán elecciones libres a intervalos razonables, según establezca la ley; (7.2) – permitirán que todos los escaños de por lo menos de una de las cámaras de la legislatura nacional sean cubiertos libremente por votación popular; (7.3) – garantizarán el sufragio universal e igual a todos los ciudadanos adultos; (7.4) – garantizarán que las elecciones sean por votación secreta o por algún proceso equivalente de votación libre y que los votos sean contados y registrados limpiamente, dando a conocer al público los resultados oficiales; (7.5) – respetarán el derecho de los ciudadanos a aspirar a puestos políticos o cargos públicos elec- tivos, individualmente o como representantes de partidos u organizaciones políticas, sin discri- minación; (7.6) – respetarán el derecho de las personas y grupos a establecer, en plena libertad, sus propios partidos políticos u otras organizaciones políticas y facilitarán a esos partidos y organizaciones políticas las garantías jurídicas necesarias para permitirles competir sobre una base de igual trato ante la ley y por parte de las autoridades; (7.7) – garantizarán que la ley y la política oficial estén orientadas a permitir que la campaña polí- tica se lleve a cabo dentro de una atmósfera imparcial y libre en la que no haya acciones adminis- trativas, violencia ni intimidación que impidan a los partidos y a los candidatos exponer libremente sus puntos de vista y valoraciones, o impidan a los electores conocerlas y discutirlas o dar su voto sin miedo a represalias; (7.8) – procurarán que no haya obstáculo jurídico o administrativo que impida el libre acceso a los grandes medios de información sobre una base no discriminatoria para todos los grupos políticos y personas que deseen participar en el proceso electoral;

90 2.2 Elecciones

(7.9) – garantizarán que los candidatos que obtengan el necesario número de votos exigido por la ley ocupen debidamente sus puestos y que se les permita permanecer en ellos hasta que expire el plazo de su mandato o se termine éste de un modo dispuesto por la ley, en conformidad con pro- cedimientos democráticos parlamentarios y constitucionales.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que, sin discriminación (…) cada persona tiene derecho a: (…)

participar en elecciones libres y justas (…)

Ginebra 1991 (…)

Los Estados participantes acogerán favorablemente, en la medida permitida por la ley, la presencia de observadores en elecciones celebradas a nivel inferior al nacional, incluso en zonas habitadas por minorías nacionales y se esforzarán por facilitar el acceso de los mismos. (…)

Lisboa 1996 (Declaración de la Cumbre)

9. (...) Entre los problemas acuciantes que se plantean en el marco de la dimensión humana, las continuas violaciones de los derechos humanos, tales como (...) fraude electoral (...) siguen cons- tituyendo una amenaza para la estabilidad en la región de la OSCE. Nos hemos comprometido a seguir ocupándonos de esos problemas.

Estambul 1999 (Declaración de la Cumbre)

26. Al acercarse un gran número de elecciones, recordamos nuestro compromiso de que sean libres y justas, y en consonancia con los principios y compromisos de la OSCE. Sólo así conseguiremos sentar las bases para la consolidación de la democracia. Agradecemos a la OIDDH la asistencia que presta a muchos países en la preparación de leyes electorales conformes a los principios y compro- misos de la OSCE, y convenimos en dar pronto seguimiento a las evaluaciones y recomendaciones de la OIDDH sobre asuntos electorales. Apreciamos la labor que realizan la OIDDH y la Asamblea Parlamentaria de la OSCE – antes, durante y después de las elecciones -, por su valiosa contribu- ción al proceso democrático. Estamos comprometidos a velar por el pleno ejercicio del derecho al voto de las personas pertenecientes a minorías, y a facilitar a los refugiados el ejercicio de su dere- cho a participar en las elecciones que se celebren en sus países de origen. Nos comprometemos

91 2.2 Elecciones

a velar por una competencia justa entre los candidatos y entre los partidos, inclusive en lo que res- pecta a su acceso a los medios informativos y al respeto del derecho de reunión.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

25. Reafirmamos nuestra obligación de celebrar elecciones libres y justas de conformidad con los compromisos de la OSCE y en particular con el Documento de Copenhague 1990. Reconocemos que la OIDDH puede prestar asistencia a los Estados participantes en la preparación y aplicación de su legislación electoral. De conformidad con estos compromisos, invitaremos a nuestras elec- ciones a observadores de otros Estados participantes, de la OIDDH, de la Asamblea Parlamenta- ria de la OSCE y de cualesquiera organizaciones e instituciones privadas pertinentes que deseen observar nuestros procesos electorales. Convenimos en dar pronto seguimiento a los informes de evaluación de las elecciones presentados por la OIDDH y a sus recomendaciones.

Oporto 2002 (Decisión nº7/02 relativa a los compromisos electorales)

El Consejo Ministerial,

Recordando lo dispuesto en el Documento de la Reunión de Copenhague de 1990 de la Conferen- cia sobre la Dimensión Humana de la CSCE,

Tomando nota de que compromisos adicionales han complementado dichas disposiciones, Reafir- mando su determinación de cumplir dichos compromisos,

Consciente de que cabe celebrar elecciones democráticas bajo diversos regímenes electorales,

Consciente de la pericia adquirida por la OIDDH en el curso de su labor de asistencia a los Esta- dos participantes en el cumplimiento de sus compromisos contraídos en cuanto a sus elecciones,

Teniendo presente la Decisión N° 509 del Consejo Permanente acerca de compromisos y normas internacionales: una guía pragmática de prácticas idóneas para celebrar elecciones democráticas,

Exhorta a los Estados participantes a obrar con el mayor celo posible al responder a las recomen- daciones formuladas por la OIDDH (…)

Maastricht 2003 (Decisión nº 5/03 relativa a las Elecciones)

El Consejo Ministerial, (…)

Felicitándose de que prosiga la eficiente cooperación entablada entre la OIDDH y la Asamblea Par- lamentaria de la OSCE en lo relativo a la supervisión de elecciones,

Mostrando su agrado por el documento “Existing Commitments for Democratic Elections in OSCE Participating States: A Progress Report” (ODIHR.GAL/39/03) sobre los compromisos asu- midos por los Estados participantes en lo relativo a la celebración de elecciones democráticas, que fue preparado por la OIDDH y presentado a los Estados participantes en junio del presente año,

Reconociendo en particular la necesidad de que el electorado confíe en el proceso electoral en su conjunto, de que reine la transparencia en el proceso electoral, y de que las autoridades responsables

92 2.2 Elecciones

de las elecciones den razón y cuenta de su actuación, pide a todos los Estados participantes que refuercen aún más su cooperación a este respecto con la OIDDH,

Bruselas 2006 (Decisión n° 19/06 relativa al fortalecimiento de la eficiencia de la OSCE)

El Consejo Ministerial, (…)

1. Agradece a la OIDDH la labor que lleva a cabo a tenor del párrafo 2 de la Decisión N° 17/05 del Consejo Ministerial, y toma nota de su informe publicado el 10 de noviembre de 2006; (…)

3. Recuerda a los Estados participantes su deber de alinear su legislación y sus prácticas concer- nientes a la dimensión humana con los compromisos asumidos en el seno de la OSCE;

6. Toma nota de las sugerencias del informe sobre los nuevos compromisos, y pide al Consejo Per- manente que prepare un informe al respecto con la antelación requerida para presentarlo a la reu- nión del Consejo Ministerial que tendrá lugar en Madrid en 2007; (…)

8. Se compromete a seguir desarrollando las actividades de la OSCE en materia de elecciones y, en este sentido, reafirma lo dispuesto en el Documento de la Reunión de Copenhague sobre la Dimen- sión Humana de la CSCE (1990), por tratarse de la piedra angular de los compromisos comunes, asumidos por los Estados participantes en la OSCE, en orden al amparo y la promoción de los derechos humanos y de las libertades fundamentales, y particularmente de todo derecho o liber- tad requerida para el desarrollo normal de unas elecciones democráticas;

9. Toma nota de que las disposiciones pertinentes de la Declaración de la Cumbre de Budapest (1994), de la Declaración de la Cumbre de Lisboa (1996), de la Declaración de la Cumbre de Estambul (1999), de la Carta sobre la Seguridad Europea (1999) y de las decisiones subsiguientes de los Consejos Ministeriales de Oporto (2002) y de Maastricht (2003) han complementado dichos compromisos;

10. Reitera los compromisos asumidos por los Estados participantes de invitar a observadores de otros Estados participantes, así como de la OIDDH, de la Asamblea Parlamentaria de la OSCE y de las instituciones y organizaciones pertinentes, a que observen sus elecciones si lo desean;

93 2.3 Instituciones democráticas

11. Pone de relieve que los Estados participantes pueden coadyuvar eficazmente a mejorar la inte- gridad del proceso electoral mediante el envío de observadores; (…)

Astana 2010

2.3 Instituciones democráticas

2.3.1 Disposiciones generales

Copenhague 1990

(3) [Los Estados participantes] reafirman que la democracia es un elemento inherente al Estado de Derecho. Reconocen la importancia que reviste el pluralismo en relación con las organizacio- nes políticas.

(4) Confirman que respetarán el derecho de cada uno de ellos a elegir y desarrollar libremente, de conformidad con las normas Internacionales de derechos humanos, sus sistemas civiles, políti- cos, sociales, económicos y culturales. En el ejercicio de ese derecho, garantizarán que sus leyes, reglamentos, prácticas y políticas se ajusten a sus obligaciones según el derecho internacional y se armonicen con las disposiciones de la Declaración de Principios y otros compromisos contraídos en el marco de la CSCE.

(5) Declaran solemnemente que entre los elementos de justicia que son esenciales para la plena expresión de la dignidad inherente y de los derechos iguales e inalienables de todos los seres huma- nos figuran los siguientes: (5.1) – elecciones libres que se celebrarán a intervalos razonables por votación secreta o por un proceso equivalente de votación libre, en condiciones que aseguren, en la práctica, la libre expre- sión de la opinión de los electores en la elección de sus representantes; (5.2) – una forma de gobierno de carácter representativo, en la que el poder ejecutivo sea respon- sable ante la legislatura elegida o el electorado; (5.3) – el deber del gobierno y de las autoridades públicas de cumplir con la Constitución y de actuar de una manera compatible con la ley; (5.4) – una clara separación entre el Estado y los partidos políticos; en particular, los partidos polí- ticos no se fusionarán con el Estado; (5.5) – las actividades del gobierno y de la administración, así como las de las autoridades judicia- les, se ejercerán conforme al régimen establecido por la ley. Se garantizará el respeto de ese sistema; (5.6) – las fuerzas militares y la policía estarán bajo el control de las autoridades civiles, y serán responsables ante ellas; (…)

94 2.3.1 Disposiciones generales

(5.8) – las leyes adoptadas al término de un procedimiento público, y los reglamentos serán objeto de una publicación, que es la condición de su aplicabilidad. Esos textos serán accesibles a todos;

(7) Para garantizar que la voluntad del pueblo sirva de base para la autoridad del Gobierno, los Estados participantes (…) (7.2) – permitirán que todos los escaños de por lo menos de una de las cámaras de la legislatura nacional sean cubiertos libremente por votación popular; (…) (7.9) – garantizarán que los candidatos que obtengan el necesario número de votos exigido por la 2 ley ocupen debidamente sus puestos y que se les permita permanecer en ellos hasta que expire el plazo de su mandato o se termine éste de un modo dispuesto por la ley, en conformidad con pro- cedimientos democráticos parlamentarios y constitucionales. (…)

(26) Los Estados participantes reconocen que una sólida democracia depende de la existencia, como parte integrante de la vida nacional, de valores y prácticas democráticas, así como de una amplia gama de instituciones democráticas. En consecuencia, fomentarán, facilitarán y, cuando sea necesario, apoyarán actividades de cooperación prácticas y compartirán información, ideas y conocimientos prácticos, por medio de contactos directos y de cooperación entre personas, gru- pos y organizaciones en esferas que abarquen lo siguiente: • derecho constitucional, su reforma y desarrollo, • legislación, administración y observación electoral, • creación y funcionamiento de tribunales y sistemas jurídicos, • desarrollo de una administración pública imparcial y efectiva en la que la contratación y la pro- moción del personal se basen en un sistema de méritos, • aplicación de la ley, • gobierno local y descentralización, • acceso a la información y protección de la vida privada, • desarrollo de partidos políticos y su papel en sociedades pluralistas, • sindicatos libres e independientes, • movimientos cooperativos, • desarrollo de otras formas de asociaciones libres y de grupos de interés público,

95 2.3.1 Disposiciones generales

• periodismo, grandes medios de comunicación independientes, y vida intelectual y cultural, • enseñanza en instituciones docentes de los valores, instituciones y prácticas democráticas, y fomento de un clima de libre investigación.

Tales actividades podrán abarcar la gama de cooperación comprendida en la dimensión humana de la CSCE, incluyendo la capacitación, el intercambio de información, libros y materiales de ins- trucción, programas y proyectos cooperativos, intercambios académicos y profesionales y conferen- cias, becas, subsidios para investigaciones, aportación de conocimientos técnicos y asesoramiento, contactos y programas de negocios y científicos.

(27) Los Estados participantes facilitarán también la creación y el fortalecimiento de instituciones nacionales independientes en la esfera de los derechos humanos y del imperio de la ley, que podrían servir Asimismo como centros de enlace para la coordinación y la colaboración entre tales institu- ciones de los Estados participantes. Los Estados participantes proponen que se fomente la coopera- ción entre sus parlamentarios, inclusive mediante las asociaciones interparlamentarias existentes, y, entre otras formas, mediante comisiones mixtas, debates televisivos con participación de par- lamentarios, reuniones y debates de mesa redonda. Alentarán también a las instituciones existen- tes, tales como las organizaciones pertenecientes al sistema de las Naciones Unidas y el Consejo de Europa, a que continúen y amplíen la labor que han empezado en esa esfera.

Moscú 1991

(18.1) La legislación se formulará y adoptará como consecuencia de un proceso público que refleje la voluntad popular, directamente o mediante representantes electos.

Atenas 2009 (Decisión nº 7/09 relativa a la participación de la mujer en la vida pública y política)

El Consejo Ministerial, (…)

Consciente de la escasa representación de la mujer que de forma continuada existe en el área de la OSCE, en las estructuras encargadas de la adopción de decisiones dentro del poder legislativo, del poder ejecutivo, incluidos los servicios de policía, y en la rama judicial,

Preocupado porque la discriminación generalizada de la mujer continúa impidiendo su participa- ción eficaz en todos los ámbitos de la vida pública y política, (…)

Pide a los Estados participantes que:

1. Consideren la adopción de medidas específicas cuyo objetivo sea lograr un equilibrio entre los géneros en todos los órganos de los poderes legislativo, judicial y ejecutivo, incluidos servicios de seguridad como, por ejemplo, los servicios de policía;

2. Consideren posibles medidas de carácter legislativo que faciliten una participación más equili- brada entre hombres y mujeres en la vida pública y política, especialmente en lo que se refiere a la toma de decisiones;

96 2.3.2 Gobierno descentralizado y estructuras y órganos especiales

3. Animen a todos los responsables políticos a que fomenten una participación igualitaria entre hom- bres y mujeres en el seno de los partidos políticos, con miras a conseguir una representación más equilibrada de los géneros para cargos públicos electivos, a todos los niveles de toma de decisiones; (…)

7. Tomen las medidas necesarias para establecer, cuando proceda, mecanismos nacionales efecti- vos con miras a evaluar la representación y participación igualitaria de la mujer;

8. Apoyen, cuando proceda, a organizaciones no gubernamentales y centros de investigación en la elaboración de estudios específicos e iniciativas de concienciación ciudadana, para identificar los desafíos concretos con que se enfrenta la participación de la mujer en la vida pública y política, así como para fomentar la igualdad de oportunidades entre hombres y mujeres;

9. Fomenten el reparto del trabajo y las responsabilidades parentales entre hombres y mujeres, a fin de facilitar la igualdad de oportunidades para la mujer y su participación efectiva en la vida pública y política. 2 2.3.2 Gobierno descentralizado y estructuras y órganos especiales

Ginebra 1991 (IV)

97 2.3.3 Control civil democrático de las fuerzas militares, paramilitares y de seguridad interna, de los servicios de inteligencia y de la policía

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(53) Procurarán, con objeto de fortalecer la participación democrática y la creación de institucio- nes, y al establecer su cooperación recíproca, compartir sus experiencias respectivas en lo que se refiere al funcionamiento de la democracia local y regional, y acogen con satisfacción a este res- pecto el sistema informativo y educativo del Consejo de Europa en este sector;

(54) Facilitarán los contactos y fomentarán diversas modalidades de cooperación entre órganos locales y regionales.

2.3.3 Control civil democrático de las fuerzas militares, paramilitares y de seguridad interna, de los servicios de inteligencia y de la policía

Copenhague 1990

Moscú 1991

(25) Los Estados participantes (25.1) – garantizarán que sus fuerzas militares y paramilitares, servicios de seguridad interna y de inteligencia, y policía estén sujetos a la dirección efectiva y al control de las autoridades civi- les adecuadas; (25.2) – mantendrán y, si procede, reforzarán el control ejecutivo sobre el empleo de las fuerzas militares y paramilitares, así como sobre las actividades de los servicios de seguridad interna e inteligencia y la policía; (25.3) – adoptarán medidas para crear, cuando no existan todavía, y mantener acuerdos efectivos para una supervisión legislativa de todas esas fuerzas, servicios y actividades.

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

20. Los Estados participantes consideran que el control político democrático de las fuerzas milita- res, paramilitares y de seguridad interna, así como de los servicios de información y de la policía, es un elemento indispensable de estabilidad y seguridad. Fomentarán la integración de sus fuer- zas armadas en la sociedad civil como una importante expresión de democracia.

21. Cada Estado participante establecerá y mantendrá en todo momento la dirección eficaz y el con- trol de sus fuerzas militares, paramilitares y de seguridad por autoridades establecidas de acuerdo

98 2.3.4 Instituciones nacionales independientes de derechos humanos

a la constitución, investidas de legitimidad democrática. Cada Estado participante establecerá controles para velar por que esas autoridades cumplan con sus responsabilidades constitucionales y legales. Los Estados participantes definirán claramente las funciones y las misiones de esas fuer- zas y su obligación de actuar únicamente dentro del marco constitucional.

22. Cada Estado participante velará por que sus gastos de defensa sean aprobados por su poder legislativo. Cada Estado participante, teniendo debidamente en cuenta las necesidades de seguri- dad nacional, moderará sus gastos militares y velará por la transparencia y el público acceso a la información relacionada con las fuerzas armadas.

23. Cada Estado participante, aun atendiendo al ejercicio de los derechos civiles de los miembros de sus fuerzas armadas, velará por que éstas, como tales, sean políticamente neutrales.

24. Cada Estado participante adoptará y mantendrá medidas para impedir la utilización acciden- tal o no autorizada de medios militares.

25. Los Estados participantes no tolerarán ni apoyarán fuerzas no sometidas ni controladas por las autoridades establecidas constitucionalmente. Si un Estado participante no puede ejercer su autoridad sobre tales fuerzas, podrá iniciar consultas en el marco de la CSCE para examinar las medidas que deban adoptarse. (…) 2 36. Cada Estado participante velará por que toda decisión de destinar sus fuerzas armadas a misio- nes de seguridad interna se adopte de conformidad con procedimientos constitucionales. Esas deci- siones prescribirán las misiones de las fuerzas armadas, garantizando que se realicen bajo el control efectivo de las autoridades constitucionalmente establecidas y con sujeción al estado de derecho.

2.3.4 Instituciones nacionales independientes de derechos humanos

Copenhague 1990

(27) Los Estados participantes facilitarán (…) también la creación y el fortalecimiento de insti- tuciones nacionales independientes en la esfera de los derechos humanos y del imperio de la ley, que podrían servir Asimismo como centros de enlace para la coordinación y la colaboración entre tales instituciones de los Estados participantes. Los Estados participantes proponen que se fomente la cooperación entre sus parlamentarios, inclusive mediante las asociaciones interparlamentarias existentes, y, entre otras formas, mediante comisiones mixtas, debates televisivos con participa- ción de parlamentarios, reuniones y debates de mesa redonda. Alentarán también a las institucio- nes existentes, tales como las organizaciones pertenecientes al sistema de las Naciones Unidas y el Consejo de Europa, a que continúen y amplíen la labor que han empezado en esa esfera.

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

99 2.3.5 Organizaciones no gubernamentales

sean del caso, de acuerdo con los compromisos vigentes y con los organismos internacionales per- tinentes, si procede; (…)

2.3.5 Organizaciones no gubernamentales

Ver también: I. 2.3.3: Personas, defensores de los derechos humanos y organizaciones no gubernamentales

Moscú 1991

(43) Estados participantes reconocerán como organizaciones no gubernamentales a las que se declaren como tales, de conformidad con los procedimientos nacionales existentes, y facilitarán la capacidad de esas organizaciones para llevar a cabo libremente sus actividades en sus territo- rios; con tal fin (43.1) – tratarán de buscar medios de seguir fortaleciendo las modalidades de contacto e inter- cambio de puntos de vista entre organizaciones no gubernamentales y las autoridades nacionales y las instituciones gubernamentales pertinentes; (43.2) – tratarán de facilitar las visitas a sus países de organizaciones no gubernamentales de cua- lesquiera de los países participantes con miras a observar las condiciones de la dimensión humana; (43.3) – aceptarán con agrado las actividades de las organizaciones no gubernamentales inclu- sive, entre otras, la observación del cumplimiento de los compromisos de la CSCE en la esfera de la dimensión humana; (43.4) – permitirán que las organizaciones no gubernamentales, habida cuenta de su importante función en la dimensión humana de la CSCE, expongan sus opiniones ante sus propios gobier- nos y los gobiernos de los demás Estados participantes durante la labor futura de la CSCE sobre la dimensión humana.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

100 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

Astana 2010

2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

33. Reafirmamos nuestro compromiso con el Estado de derecho. Somos conscientes de la amenaza que supone la corrupción para los valores que compartimos en el seno de la OSCE, al ser fuente de inestabilidad que afecta numerosos aspectos de las dimensiones humana y económica de la seguridad. Los Estados participantes se comprometen a intensificar su lucha contra la corrupción y las condiciones que la propician, y a promover un marco favorable para las buenas prácticas de gobierno y el fomento de la integridad pública. Aprovecharán en mayor medida los instrumen- tos internacionales vigentes y se ayudarán mutuamente en su lucha contra la corrupción. Como parte de su labor al servicio del Estado de derecho, la OSCE colaborará con las ONG en el común empeño de crear un sólido consenso público y comercial contra todo tipo de prácticas corruptas. 2 Maastricht 2003 (Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental)

Fomento de la transparencia y lucha contra la corrupción

2.2.4 La transparencia en los negocios públicos es una condición esencial para poder pedir razón y cuenta de su gestión a las autoridades públicas y para que haya una participación activa de la sociedad civil en los procesos económicos. La transparencia aumenta la confianza y hace más pre- decible el curso de una economía que además funcione en un marco legal adecuado y plenamente respetuoso del Estado de derecho. Para velar por esta transparencia, es sumamente importante dis- poner de medios informativos libres y pluralistas que gocen de plena independencia frente a toda presión política o financiera.

2.2.5 Aumentaremos la transparencia de nuestra gestión pública mediante el desarrollo de pro- cesos y de instituciones que faciliten puntualmente información, y datos estadísticos fidedignos acerca de toda cuestión de interés público en los ámbitos económico y medioambiental a los medios informativos, la comunidad empresarial, la sociedad civil y la población, con miras a promover un diálogo entre personas bien informadas que dé respuesta a toda pregunta oportuna. lo cual es fundamental para que el proceso decisorio pueda responder a tiempo al cambio y a las necesida- des y deseos de la población.

2.2.6. La transparencia es Asimismo importante para poner al descubierto y llevar ante la justicia toda forma de corrupción eventual, que socave nuestra economía o nuestra sociedad. La buena gestión es fruto de un enfoque estratégico integral y a largo plazo, que evita que los éxitos logra- dos en un campo puedan ser frustrados por deficiencias en otro.

2.2.7 Convenimos en que una de nuestras prioridades sea la de eliminar la corrupción en todas sus formas. Estudiaremos la posibilidad de adherirnos a todo convenio internacional y a otros instru- mentos en el ámbito de la lucha contra la corrupción, al tiempo que abogaremos por su ratificación,

101 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

y respaldaremos su plena aplicación, particularmente de los que son fruto de la labor del Consejo de Europa y de la Organización de Cooperación y Desarrollo Económicos (OCDE). Nos felicita- mos por la adopción de la Convención de las Naciones Unidas contra la corrupción y confiamos en su pronta firma, ratificación y entrada en vigor.

Mejora de la gestión de los recursos públicos

2.2.8 Seguiremos cooperando en orden al desarrollo de una buena estrategia de la gestión pública y compartiremos nuestra experiencia en lo que se refiere a la introducción de prácticas de gestión recomendables. La buena gestión de los recursos públicos, particularmente de la recaudación de impuestos, de la preparación del presupuesto y de su eficiente puesta en práctica, así como de la contratación pública, es particularmente importante a la hora de prestar servicios públicos y socia- les eficientes. Trataremos de dotar de una sólida base financiera a nuestra administración pública, a fin de seguir reforzando su eficiencia y eficacia a todos los niveles.

Sofía 2004 (Decisión nº 11/04 relativa a la lucha contra la corrupción)

El Consejo Ministerial, (…)

Reconociendo que la Convención de las Naciones Unidas contra la Corrupción, aprobada por la Asamblea General de las Naciones Unidas, el 31 de octubre de 2003 en Nueva York, constituye un avance fundamental hacia una mayor cooperación internacional contra la corrupción, y brinda la oportunidad de dar una respuesta de alcance mundial a este problema,

Alienta a los Estados participantes en la OSCE a que, si aún no lo han hecho, firmen y ratifiquen lo antes posible la Convención de las Naciones Unidas contra la Corrupción a fin de obtener su pronta entrada en vigor, y a que la cumplan plenamente.

Dublín 2012 (Declaración sobre el fortalecimiento de la buena gobernanza y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo) (…)

Reiteramos que la buena gobernanza en todos los niveles es indispensable para el crecimiento eco- nómico, la estabilidad política y la seguridad. La buena gobernanza y la gobernanza empresarial, el Estado de derecho y las instituciones consolidadas constituyen las bases esenciales para una eco- nomía sólida que permita a nuestros Estados reducir la pobreza y la desigualdad, potenciar la inte- gración social y las oportunidades para todos, atraer la inversión y proteger el medio ambiente.

Reafirmamos que la paz, las buenas relaciones internacionales, la seguridad y la estabilidad del Estado, y la seguridad y la protección de las personas dentro de un Estado sobre la base del impe- rio de la ley y el respeto de los derechos humanos, son decisivas para poder crear un entorno de confianza esencial para asegurar un desarrollo social y económico positivo.

La transparencia de los asuntos públicos es un requisito esencial para que los Estados asuman su responsabilidad y haya una participación activa de la sociedad civil y del sector privado en los pro- cesos económicos y de desarrollo. La transparencia aumenta el grado de previsibilidad y confianza en instituciones y economías que funcionan basándose en normas legislativas apropiadas y respe- tando plenamente el Estado de derecho.

102 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

Convenimos en que los problemas en materia de gobernanza, entre ellos la corrupción y el blan- queo de capitales, anulan la capacidad de los Estados participantes de velar de modo efectivo por un desarrollo sostenible social, económico y medioambiental, y socavan la cohesión social, la esta- bilidad y la seguridad. (…) Por tanto, reafirmamos nuestra plena dedicación a luchar contra la corrupción y el blanqueo de capitales, la financiación del terrorismo y los delitos conexos, convir- tiéndolos en prioridades políticas respaldadas por instrumentos legislativos apropiados, recursos financieros, humanos e institucionales suficientes y, si procede, por herramientas adecuadas para su ejecución práctica y efectiva.

(…) Declaramos que los compromisos políticos de la OSCE relacionados con la buena gobernanza y la transparencia afectan a las tres Dimensiones, y reiteramos nuestra plena dedicación a cumplir tales compromisos mediante un enfoque integral, tal y como se establece en el presente texto y en otros documentos pertinentes de la OSCE.

Buena gobernanza y transparencia

Consideramos que un sector público basado en la probidad, la apertura, la transparencia, la respon- sabilidad y el Estado de derecho es un factor principal para el crecimiento económico sostenible, y reconocemos que un sector público con esas características constituye un elemento importante para promover la confianza del ciudadano en las instituciones públicas y los gobiernos. Por tanto, subrayamos que es importante educar y formar a los funcionarios públicos en materia de conducta ética, elaborando y haciendo obligatorios códigos de conducta y normas legislativas pertinentes 2 en materia de conflicto de intereses, así como adoptando y aplicando sistemas integrales de decla- ración de ingresos y de activos para dichos funcionarios. Concretamente, reconocemos que tanto la elaboración como la adhesión a códigos de conducta para las instituciones públicas son decisi- vas a la hora de reforzar la buena gobernanza, la integridad del sector público y el Estado de dere- cho, así como de establecer pautas éticas y de conducta estrictas para los funcionarios públicos. (…)

Reconocemos que no se puede tener éxito en la buena gobernanza y en la lucha contra la corrup- ción sin la participación plena y equitativa de hombres y mujeres en los procesos e instituciones políticos y económicos, tal y como se estipula en una serie de documentos de la OSCE. Subrayamos la importancia de habilitar a la mujer para que participe y contribuya activamente en las políticas y actividades relacionadas con una buena gobernanza que beneficiará por igual a hombres y mujeres. (…)

II. La lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo (…)

Reconocemos que la lucha contra la corrupción exige perspectivas estratégicas integrales y a largo plazo, así como instituciones consolidadas. Estamos convencidos de que los encargados de preve- nir, identificar, investigar, enjuiciar y dictar resoluciones judiciales ante delitos de corrupción no deben verse afectados por influencias indebidas. Sobre todo, destacamos la función central que desempeñan los órganos encargados de hacer cumplir las leyes y las instituciones judiciales a la hora de luchar contra la corrupción y garantizar el Estado de derecho. Reconocemos la impor- tancia capital de salvaguardar la independencia de la judicatura para que pueda desempeñar sus funciones y la necesidad de redoblar nuestros esfuerzos a ese respecto. Asimismo, reconocemos la importancia y la necesidad de velar por que tales instituciones dispongan de los recursos debidos.

103 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

(…)

III. La sociedad civil y el sector privado

Alentamos a la OSCE a que siga abogando por su enfoque integral de la seguridad y a que con- tinúe fortaleciendo el diálogo y la cooperación entre los gobiernos, la sociedad civil y el sector privado, a fin de apoyar los esfuerzos por conseguir una buena gobernanza en los Estados par- ticipantes, entre ellos los destinados a la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo. (…)

En el contexto del fomento de la buena gobernanza empresarial, tomamos nota de la actualización de las Líneas Directrices de la OCDE para Empresas Multinacionales. (…)

IV. Trabajar juntos para el progreso

Reconocemos que la OSCE brinda un foro para el diálogo político, el intercambio de información y la cooperación en materia de buena gobernanza, así como una plataforma para fomentar el con- senso político y el entendimiento necesarios en relación con la importancia de prevenir y repri- mir la corrupción, el blanqueo de capitales y la financiación del terrorismo a todos los niveles para conseguir el desarrollo socioeconómico sostenible y la estabilidad. Reafirmamos nuestro compro- miso de cooperar en la elaboración de estrategias de buena gobernanza y de compartir nuestras experiencias en materia de prácticas recomendables. (…)

Basilea 2014 (Decisión nº 5/14 relativa a la prevención de la corrupción) (…)

Reconociendo que la corrupción en todos los niveles es una fuente latente de tensión política que socava la estabilidad y la seguridad de los Estados participantes, amenaza los valores compartidos de la OSCE, y facilita las actividades delictivas, (…)

Acogiendo con beneplácito el hecho de que casi todos los Estados participantes hayan ratificado o se hayan adherido a la Convención de las Naciones Unidas contra la Corrupción (UNCAC) y se dediquen a cumplir sus compromisos dimanantes de dicha Convención,

Reconociendo la importancia de cooperar con otras organizaciones internacionales pertinentes para prevenir y combatir la corrupción,

Alienta a los Estados participantes a que: • Sigan redactando y aplicando normas legislativas y políticas para prevenir la corrupción, e implanten y promuevan herramientas y medidas prácticas para hacer frente a todas las moda- lidades de la corrupción en todos los niveles tanto en el sector privado como público, y también para otros interesados;

104 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

• Tomen medidas para reforzar la transparencia, la responsabilidad y el Estado de derecho en la administración pública, de conformidad con los principios fundamentales de sus sistemas jurí- dicos, entre otros medios introduciendo medidas efectivas que faciliten el acceso público a la información y el fomento de una prestación efectiva de los servicios públicos; (…) • Promuevan una tradición de integridad, transparencia y responsabilidad en todos los sectores de la sociedad, a fin de coadyuvar a la prevención de la corrupción; • Reconozcan la función importante que cumplen los denunciantes para identificar y prevenir la corrupción y defender los intereses públicos, e intensifiquen las medidas nacionales propias para brindar el amparo suficiente a los denunciantes; • Contribuyan a reforzar las medidas de sensibilización en todos los sectores de la sociedad en cuanto a la corrupción, mediante programas de formación y enseñanza en el ámbito de la preven- ción de la corrupción y la integridad, prestando una atención especial a la juventud, y reconoz- can la función que desempeña en este sentido una sociedad civil comprometida y debidamente informada y unos medios informativos independientes, libres y plurales; • Adopten las medidas necesarias, de conformidad con los principios fundamentales de su orde- namiento jurídico, para establecer o reforzar sistemas apropiados de contratación pública basa- dos en la transparencia, la competencia y criterios objetivos de adopción de decisiones, que sean eficaces para prevenir la corrupción; • Apoyen medidas para reforzar la integridad de la judicatura y evitar toda oportunidad de corrup- 2 ción entre los miembros del poder judicial y los órganos procesales; (…) • Aprovechen los instrumentos, las directrices y los proyectos de la OSCE a la hora de combatir y prevenir la corrupción; • (…); Encomienda Asimismo a las estructuras ejecutivas de la OSCE, (…), que promuevan, den- tro de los límites de sus recursos disponibles y sus mandatos, los instrumentos y las directrices vigentes de la OSCE para prevenir y combatir la corrupción

Hamburgo 2016 (Decisión nº 4/16 relativa al fortalecimiento de la buena gobernanza y fomento de la conectividad)

El Consejo Ministerial, (…)

Reconociendo que la buena gobernanza, la transparencia y la rendición de cuentas son condicio- nes esenciales para el crecimiento económico, el comercio, la inversión y el desarrollo sostenible, por lo que contribuyen a la estabilidad, la seguridad y el respeto de los derechos humanos en el área de la OSCE,

Reconociendo también que la corrupción y la falta de buena gobernanza pueden dar lugar a ten- siones políticas que socaven la estabilidad y la seguridad de los Estados participantes,

Reconociendo Asimismo que la buena gobernanza, el Estado de derecho, la prevención y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo; los marcos norma- tivos sólidos, incluida la protección adecuada de los denunciantes; un sector público basado en la integridad, la sinceridad, la transparencia y la responsabilidad, así como una buena gestión empre- sarial basada en la administración eficiente, la auditoría adecuada, la rendición de cuentas, y la adhesión y el respeto a las leyes, las normativas y las reglamentaciones, una deontología empresarial

105 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

y códigos de conducta establecidos en estrecha consulta con las empresas y la sociedad civil, son ele- mentos esenciales para promover un entorno empresarial e inversor positivo en el área de la OSCE,

Acogiendo con beneplácito el hecho de que casi todos los Estados participantes han ratificado o son miembros de la Convención de las Naciones Unidas contra la Corrupción, y se están esfor- zando por cumplir los compromisos dimanantes de dicha Convención, (…)

Afirmando que la gestión transparente de los recursos públicos por parte de instituciones fuertes y eficientes, una administración pública profesional y efectiva, así como unos procesos presupues- tarios y de contratación pública racionales, son elementos importantes de la buena gobernanza,

Reconociendo la importancia de la participación activa del sector privado, incluidas las pequeñas y medianas empresas, la sociedad civil y los medios informativos, en la prevención y la lucha con- tra la corrupción y en la promoción de un entorno empresarial e inversor robusto, (…)

Recordando la Agenda 2030 para el Desarrollo Sostenible y sus Objetivos y Metas de Desarrollo Sostenible, así como el Acuerdo de París adoptado en diciembre de 2015, incluido el papel que la buena gobernanza, entre otros factores, desempeña en su aplicación,

Reconociendo la importancia de que el sector público y el sector privado respeten plenamente las normas laborales, sociales y medioambientales, así como la contribución de dichos sectores a la buena gobernanza y al desarrollo sostenible, (…)

Reafirmando los compromisos vigentes de la OSCE en el ámbito de la buena gobernanza, refor- zando nuestra determinación de combatir la trata de seres humanos en todas sus formas, y recono- ciendo el papel que pueden desempeñar la transparencia y la rendición de cuentas en los procesos de contratación pública para prevenir y combatir la trata de seres humanos y la explotación laboral,

Fortalecimiento de la buena gobernanza, fomento de la transparencia y mejora del entorno empre- sarial

1. Alienta a los Estados participantes a que se adhieran a la Convención de las Naciones Unidas con- tra la Corrupción, la ratifiquen y la apliquen, y a que intercambien información y prácticas recomen- dables sobre el segundo ciclo de examen de dicha Convención, tal y como se establece en la misma;

2. Alienta Asimismo a los Estados participantes a que, si procede, apliquen y se adhieran a otras normas internacionales pertinentes, tales como las prescritas por la Convención para Combatir el Cohecho de Servidores Públicos Extranjeros en las Transacciones Comerciales Internacionales (OCDE), y las “Normas internacionales sobre la lucha contra el blanqueo de capitales y la financia- ción del terrorismo y la proliferación”, del Grupo de Acción Financiera, y a que coadyuven a poten- ciar la participación de todas las partes pertinentes en su aplicación, incluidas la sociedad civil y la comunidad empresarial, según se establece en dichos instrumentos internacionales;

3. Alienta además a los Estados participantes a promover el intercambio de prácticas recomenda- bles entre todas las partes pertinentes que coadyuven a una buena gobernanza pública y empre- sarial, a fomentar la transparencia, y a prevenir y combatir la corrupción, también en la esfera medioambiental;

106 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

4. Insta a los Estados participantes a que sigan promoviendo la integridad, la responsabilidad y la rentabilidad en los procesos de contratación pública, entre otras cosas asegurándose de que los intereses privados no influyan indebidamente en las decisiones de los niveles correspondientes de la administración pública, y a que garanticen los requisitos de transparencia apropiados para las empresas que participen en licitaciones públicas;

5. Insta Asimismo a los Estados participantes a que faciliten el acceso a la información estatal correspondiente, ampliando la responsabilidad del sector público y alentando la participación pública a través de la gobernanza electrónica;

6. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, contribuyan a intensificar la cooperación entre los Estados participantes, el sector privado y la sociedad civil, y que integren activamente al sector privado y a la sociedad civil en sus actividades para reforzar la buena gober- nanza, promover la transparencia y mejorar el entorno empresarial e inversor; (…)

18. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, ayuden a los Estados parti- cipantes a compartir prácticas recomendables sobre la forma de mejorar la concienciación acerca de la pertinencia de las normas laborales, sociales y medioambientales internacionalmente reco- nocidas, y a reforzar la buena gobernanza y promover la transparencia en los procesos de contra- 2 tación pública;

Refuerzo de los regímenes de asociación público-privada en la lucha contra la corrupción, el blan- queo de capitales y la financiación del terrorismo

19. Alienta a los Estados participantes a que faciliten la cooperación entre las fuerzas de seguridad, la judicatura y los servicios de información financiera, así como otros agentes pertinentes, y tam- bién entre los sectores público y privado y la sociedad civil, incluidos los medios informativos, a fin de combatir la corrupción, el blanqueo de capitales y otros delitos financieros;

20. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, dentro de sus mandatos y los recursos de que disponen, faciliten el diálogo y la coo- peración entre los gobiernos, el sector privado y la sociedad civil, a fin de respaldar las medidas en pro de la buena gobernanza, incluida la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo, y con el fin de hacer frente a los obstáculos que impiden el creci- miento económico y el desarrollo sostenible; (..)

Tirana 2020 (Decisión 6/20 relativa a la prevención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia)

El Consejo Ministerial,

Recordando la importancia de promover la buena gobernanza, a través del aumento de la transpa- rencia entre otras cosas, y de prevenir y combatir la corrupción reforzando la seguridad, la esta- bilidad y el crecimiento económico (…),

107 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

(…), y reconociendo las oportunidades que ofrece la transformación digital para prevenir y com- batir la corrupción, y abordar los nuevos retos en este ámbito, (…)

Reconociendo que es necesario intensificar los esfuerzos en materia de prevención y lucha con- tra la corrupción, también a través de la digitalización, respetando el Estado de derecho y prote- giendo los derechos humanos,

Reconociendo la función de la OSCE de apoyo a las iniciativas de los Estados participantes para la prevención y la lucha contra la corrupción,

Reconociendo que un sector público basado en la integridad, la apertura, la transparencia, la rendición de cuentas, la capacidad de respuesta y el Estado de derecho es decisivo para prevenir y combatir la corrupción, así como para conseguir un desarrollo y crecimiento económico dura- dero, mejorar el entorno empresarial y de inversión y ayudar a facilitar las iniciativas de los Esta- dos participantes para promover la integración social y las oportunidades para todos, también las mujeres y los jóvenes,

Reconociendo la importancia de la participación del sector privado, la sociedad civil y los medios informativos, así como de los círculos académicos, en las iniciativas para prevenir y combatir la corrupción y fortalecer la buena gobernanza, incluida la consecución real de los principios de transparencia y rendición de cuentas,

Reconociendo que unos servicios públicos electrónicos que sean accesibles, seguros y fiables y estén centrados en el usuario pueden desempeñar un papel clave para mejorar la eficiencia y la transpa- rencia de la administración pública y promover la confianza en la misma,

Reconociendo la importancia de los datos de la administración pública de libre consulta como herra- mienta para ayudar a prevenir y combatir la corrupción mediante el aumento de la responsabili- dad y la transparencia al permitir que los ciudadanos, de conformidad con las normas de derecho nacional, supervisen mejor la utilización de fondos públicos y el proceso de formulación de políticas,

Reconociendo la importancia de desarrollar y utilizar metodologías, indicadores objetivos y datos desglosados para medir el grado de corrupción y el efecto concreto de las medidas para luchar contra la corrupción, de conformidad con las normas de derecho nacional, así como para adoptar mejores políticas para luchar contra la corrupción basadas en pruebas concretas, (…)

1. Insta a los Estados participantes a prevenir y combatir la corrupción mediante: (a) La mejora de la buena gobernanza, incluidos los principios de transparencia y rendición de cuentas, así como el fomento de la integridad y la supervisión; (b) La utilización de herramientas digitales para reforzar la integridad y la rendición de cuentas de los proveedores de servicios públicos, con miras a ayudar a prevenir y combatir la corrupción y conseguir un desarrollo y crecimiento económico duradero, mejorar el entorno empresarial y de inversión y facilitar las iniciativas de los Estados participantes para coadyuvar a la inclusión social y la participación económica equitativa de las mujeres y de los jóvenes; (c) El aumento de la transparencia en la administración pública a través de la digitalización de procedimientos basados en documentos impresos y otros sistemas analógicos, en particular para la licitación pública y, cuando proceda, en los mecanismos existentes de declaración de ingresos

108 2.3.6 Promoción de la transparencia, la lucha contra la corrupción y la mejora de la gestión de los recursos públicos

y bienes de los funcionarios estatales y las personas políticamente expuestas, en la medida en que lo autoricen las normas de derecho nacional y respetando debidamente los datos de carácter con- fidencial y personal; (d) El fomento de la utilización de herramientas digitales para la detección temprana y la preven- ción de la corrupción, mediante la mejora de los procesos nacionales e internacionales de identi- ficación electrónica segura, de conformidad con las normas de derecho nacional que procedan; (e) La introducción de herramientas digitales, cuando proceda, para reducir las cargas y los obs- táculos administrativos, y facilitar la interacción entre los ciudadanos, las empresas, las socieda- des y la administración pública; (f) La promoción de portales de servicios públicos electrónicos más transparentes, responsables, fiables y accesibles, a fin de facilitar el acceso libre a la información y a la prestación eficaz de ser- vicios públicos; (g) El fomento y la utilización de tecnologías digitales para reforzar y ampliar la capacitación en la lucha contra la corrupción, en cooperación, cuando proceda, con las organizaciones interna- cionales pertinentes en este ámbito; (h) El estímulo a la creación y la mejora de mecanismos destinados a asegurar la transparencia de la información sobre la titularidad de los beneficiarios efectivos, de conformidad con las nor- mas de derecho nacional; (i) El apoyo a la formación de los jóvenes, de conformidad con los sistemas educativos nacionales, acerca de la importancia de la buena gobernanza, incluida la transparencia, así como de la preven- 2 ción y la lucha contra la corrupción, también a través de la promoción del dominio de las tecnolo- gías digitales, e incrementar las medidas de concienciación promoviendo, por ejemplo, iniciativas conjuntas y la colaboración entre los sectores público y privado y la sociedad civil; (j) La disminución de la brecha digital mediante el fomento y el respaldo de la competencia digital y la mejora del acceso a los recursos y aplicaciones en línea de la administración pública; (k) La adopción de las medidas adecuadas para velar por que se faciliten canales seguros y acce- sibles a los denunciantes, para crear y poner en práctica mecanismos jurídicos a fin de proteger eficazmente frente a las represalias a los denunciantes, y para alentar a las organizaciones perti- nentes a que establezcan y apliquen las salvaguardias necesarias, de conformidad con las normas de derecho nacional; (l) La adopción, de conformidad con las normas de derecho nacional, de un enfoque holístico que incluya a numerosos interesados a fin de incrementar la eficacia y mejorar la coordinación de las medidas e iniciativas contra la corrupción, incluido el fomento de la imposición de la responsabi- lidad social a las empresas; (m) El fomento de la participación plena, equitativa y significativa de la mujer en el desarrollo y la puesta en práctica de actividades pertinentes de lucha contra la corrupción, a fin de conseguir la igualdad de género y teniendo presente que la corrupción afecta de manera desproporcionada a las mujeres y a los colectivos vulnerables; (…)

3. Anima a los Estados participantes a que aprovechen al máximo a la OSCE como plataforma de diálogo, cooperación e intercambio de información y mejores prácticas en el ámbito de la pre- vención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia;

4. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, a que, en el marco de sus mandatos y dentro de los recursos disponibles, faciliten asis- tencia a los Estados participantes que lo soliciten para aplicar las disposiciones de la presente

109 2.4 Estado de derecho

decisión, también mediante la cooperación con las organizaciones regionales e internacionales correspondientes; (…)

2.4 Estado de derecho

Ver también: I. 3: Restricciones y derogaciones II. 3.1.4: Protección frente al arresto y la detención arbitrarias II. 3.1.5: Derecho a un juicio justo II. 3.1.6: Derecho a medidas reparadoras eficaces

2.4.1 Disposiciones generales

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(13) (…) [Los Estados participantes (…) (13.4) – garantizarán efectivamente el derecho de las personas a conocer y ejercer sus derechos y deberes en este campo y, a dicho fin, publicarán y harán accesibles todas las leyes, reglamentos y procedimientos relativos a los derechos humanos y a las libertades fundamentales;

Copenhague 1990

(2) [Los Estados participantes] están determinados a apoyar y desarrollar tales principios de justi- cia que constituyen la base del Estado de Derecho. Considerando que el Estado de derecho no ha de entenderse como una mera legalidad formal por la que se garantice la regularidad y coherencia de las actuaciones destinadas a la instauración y mantenimiento del orden democrático, sino que ha de consistir en el pleno reconocimiento y una aceptación basada en la justicia de la personali- dad humana como valor supremo que ha de estar garantizado por unas instituciones que sirvan a la vez de marco para su pleno desarrollo,

(3) Reafirman que la democracia es un elemento inherente al Estado de Derecho (…) (…)

(5) Declaran solemnemente que entre los elementos de justicia que son esenciales para la plena expresión de la dignidad inherente y de los derechos iguales e inalienables de todos los seres huma- nos figuran los siguientes: (…) (5.3) – el deber del gobierno y de las autoridades públicas de cumplir con la Constitución y de actuar de una manera compatible con la ley; (…) (5.5) – las actividades del gobierno y de la administración, así como las de las autoridades judicia- les, se ejercerán conforme al régimen establecido por la ley. Se garantizará el respeto de ese sistema; (…)

110 2.4.1 Disposiciones generales

(5.7) – derechos humanos y libertades fundamentales serán garantizadas por la ley y habrán de conformarse a sus obligaciones en virtud del derecho internacional; (5.8) – las leyes adoptadas al término de un procedimiento público, y los reglamentos serán objeto de una publicación, que es la condición de su aplicabilidad. Esos textos serán accesibles a todos; (5.9) – todas las personas son iguales ante la ley y tienen derecho, sin ninguna discriminación, a una protección igual por parte de la ley. A este respecto, la ley prohibirá cualquier discrimina- ción y garantizará a todas las personas una protección igual y efectiva contra discriminaciones por cualquier motivo; (…) (5.15) – toda persona arrestada o detenida por una acusación penal tendrá derecho, hasta que se decida la legalidad de su arresto o detención, a ser llevada inmediatamente ante un juez u otro funcionario autorizado por la ley para ejercer esa función; (…) (5.18) – nadie será acusado, juzgado o condenado por un delito penal cualquiera, salvo que tal delito esté establecido por una ley que defina los elementos del delito con claridad y precisión; (5.19) – toda persona será considerada inocente hasta que se pruebe su culpabilidad conforme a la ley; (5.20) – habida cuenta de la importante contribución de los instrumentos internacionales en el campo de los derechos humanos al Estado de Derecho a nivel nacional, los Estados participantes reafirman que estudiarán la manera de adherirse, si aún no lo hubieran hecho, al Pacto Interna- 2 cional de Derechos Civiles y Políticos, al Pacto Internacional de Derechos Económicos, Sociales y Culturales y a otros instrumentos internacionales pertinentes; (5.21) – a fin de complementar los recursos internos y de garantizar mejor el respeto por parte de los Estados participantes de las obligaciones internacionales por ellos asumidas, los Estados par- ticipantes estudiarán la manera de adherirse a una convención internacional de carácter regional o universal relativa a la protección de los derechos humanos, tal como el Convenio Europeo sobre Derechos Humanos o el Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Polí- ticos, que prevén procedimientos de recurso individual ante instancias internacionales. (…)

(12) Los Estados participantes, deseando asegurar una mayor transparencia en el cumplimiento de los compromisos contraídos en virtud de la sección relativa a la dimensión humana de la CSCE, que figura en el Documento de Clausura de Viena, deciden aceptar como medida para fomentar la confianza la presencia de observadores enviados por los Estados participantes y de representan- tes de organizaciones no gubernamentales y otras personas interesadas en las actuaciones ante los tribunales, conforme a lo previsto en la legislación nacional y en el derecho internacional; queda entendido que las actuaciones sólo podrán celebrarse in camera en las circunstancias prescritas por la ley y que sean compatibles con las obligaciones contraídas en virtud del derecho interna- cional y de los compromisos internacionales. (…)

(24) Estados participantes velarán por que el ejercicio de todos los derechos humanos y las liberta- des fundamentales, tal como se describe anteriormente, no esté sujeto a ninguna restricción, salvo a las previstas por la ley y sean compatibles con sus obligaciones en virtud del derecho internacio- nal, en particular, del Pacto Internacional de Derechos Civiles y Políticos, y con sus compromisos internacionales, en particular, con la Declaración Universal de Derechos Humanos. Estas restric- ciones revisten carácter de excepciones. Los Estados participantes velarán por que esas restriccio- nes no se presten a abusos y que no se apliquen arbitrariamente, sino de manera que se garantice

111 2.4.1 Disposiciones generales

el ejercicio efectivo de esos derechos. Estados participantes confirman que toda derogación de las obligaciones relativas a los derechos humanos y a las libertades fundamentales durante un estado de emergencia pública debe quedar estrictamente dentro de los límites estipulados por el derecho.

Moscú 1991

(18.1) La legislación se formulará y adoptará como consecuencia de un proceso público que refleje la voluntad popular, directamente o mediante representantes electos. (…)

(27) Los Estados participantes (27.1) – expresan su intención de cooperar en materia de derecho constitucional administrativo, mercantil, civil y bienestar social, así como en otras esferas pertinentes, a fin de desarrollar, par- ticularmente en los Estados en que todavía no existan sistemas jurídicos basados en el respeto de los derechos humanos, el estado de derecho y la democracia; (27.2) – con este fin, prevén que continúe y se incremente la cooperación bilateral y multilateral en materia jurídica y administrativa, entre otras, en las siguientes esferas: • elaboración de un sistema administrativo eficiente; • asistencia en la formulación de leyes y reglamentos; • formación de personal jurídico y administrativo; • intercambio de obras y publicaciones periódicas jurídicas.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

18. Los Estados participantes ponen de relieve que toda acción adoptada por las autoridades públi- cas tiene que ajustarse al estado de derecho, garantizando de ese modo la seguridad jurídica del individuo.

Liubliana 2005 (Decisión nº 12/05 relativa a la labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal)

El Consejo Ministerial,

Consciente de que el pleno respeto de los derechos humanos y de las libertades fundamentales, así como el desarrollo de sociedades basadas en una democracia pluralista y en el Estado de dere- cho, constituyen un requisito previo para el logro de una paz duradera asentada en la seguridad, la justicia y la estabilidad, (…)

Reiterando el compromiso de que las actuaciones políticas y administrativas del Estado, así como la actuación de la judicatura, se regirán por lo estatuido en la ley y a tenor de los compromisos per- tinentes de la OSCE y de toda obligación internacional contraída por los Estados participantes, e insistiendo en la necesidad de que se respete el régimen normativo así establecido,

Considerando que el Estado de derecho no ha de entenderse como una mera legalidad formal por la que se garantice la regularidad y coherencia de las actuaciones destinadas a la instaura- ción y mantenimiento del orden democrático, sino que ha de consistir en el pleno reconocimiento

112 2.4.1 Disposiciones generales

y una aceptación basada en la justicia de la personalidad humana como valor supremo que ha de estar garantizado por unas instituciones que sirvan a la vez de marco para su pleno desarrollo,

Consciente de que el Estado de derecho ha de fundamentarse en el respeto de los derechos huma- nos internacionalmente reconocidos, particularmente el derecho a ser juzgado con arreglo a la ley y a obtener remedios judiciales eficaces, y el derecho de no ser objeto de ningún arresto o deten- ción arbitraria, (…)

Decide: • Acrecentar en 2006 la atención que se viene prestando y el seguimiento dado a las cuestiones concernientes al respeto del Estado de derecho y de la legalidad del proceso en las actuaciones de la justicia penal, procurando, entre otras cosas, alentar a los Estados participantes a que mejo- ren su puesta en práctica de los compromisos contraídos, y a que recurran, si procede, a la peri- cia acumulada por la OIDDH, que deberá obrar a este respecto en estrecha colaboración con otras organizaciones internacionales pertinentes a fin de evitar toda duplicación innecesaria; (…)

Bruselas 2006 (Decisión nº 5/06 relativa al crimen organizado)

El Consejo Ministerial, (…) 2 Poniendo de relieve la función clave que desempeña todo sistema de justicia penal eficiente y efec- tivo a la hora de mantener la seguridad pública de las personas y sus bienes,

Reconociendo que las políticas y las actividades del sistema de la justicia penal deben abarcar e incorporar todo lo concerniente a la prevención del delito, la aplicación coercitiva de la ley, la poli- cía, la judicatura, la fiscalía, la defensa letrada, y el sistema penitenciario,

Reconociendo que un sistema de justicia penal eficiente y eficaz sólo es edificable sobre el funda- mento del Estado de derecho y el respeto de los derechos humanos, y que un Estado de derecho sólo puede sobrevivir bajo el amparo de tales sistemas de justicia penal,

Consciente de la necesidad que la OSCE centre sus esfuerzos en reforzar la cooperación legal inter- nacional y en perfeccionar los sistemas de la justicia penal como parte de su agenda de seguridad general, en coordinación con las Naciones Unidas y con otros foros multilaterales, (…)

4. Insta a los Estados participantes a que presten la debida atención a la integridad y a la profesio- nalidad de sus servicios de vigilancia y seguridad y del personal del ministerio fiscal, así como a la administración eficiente de la justicia, al buen gobierno del sistema judicial, a la independencia

113 2.4.1 Disposiciones generales

de la judicatura y a un funcionamiento adecuado de su sistema penitenciario, y a que estudien la introducción de penas sustitutorias de la pena de prisión;

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal) (…)

Apelamos a los Estados participantes para que cumplan plenamente sus compromisos y obliga- ciones internacionales a fin de asegurar que el funcionamiento de su sistema de justicia penal sea justo y eficiente.

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

Subrayando la importancia que concedemos a los derechos humanos, al Estado de derecho y a la democracia, interrelacionados entre sí y que se refuerzan mutuamente,

Subrayando Asimismo la importancia que tiene el Estado de derecho como factor que afecta a todas las Dimensiones a la hora de asegurar el respeto de los derechos humanos y la democracia, la segu- ridad y la estabilidad, la gobernanza, las relaciones económicas y comerciales mutuas, la seguri- dad en las inversiones y un entorno propicio para los negocios, así como su función en la lucha contra la corrupción, la delincuencia organizada y todo tipo de tráfico ilegal, incluido el de dro- gas y armas, así como la trata de personas, por lo que sirve como fundamento para el desarrollo político, económico, social y medioambiental de los Estados participantes, (…)

2. Pide también a los Estados participantes que, si procede, contribuyan a proyectos y programas de la OSCE que promuevan el Estado de derecho; (…)

4. Alienta a los Estados participantes, si procede con la asistencia de los órganos ejecutivos de la OSCE, y de conformidad con sus mandatos y recursos de que disponen, a que prosigan y redoblen sus esfuerzos por intercambiar información y prácticas recomendadas y que refuercen el Estado de derecho, entre otros en los ámbitos siguientes: • (…) administración efectiva de la justicia, derecho a un juicio justo, acceso a los tribunales, res- ponsabilidad pública de las instituciones y los funcionarios estatales, respeto del Estado de dere- cho por parte de la administración pública, derecho a recibir asistencia letrada, (…); (…) • Adhesión al principio de arreglo pacífico de las controversias; (…) • Un marco administrativo y judicial y una legislación eficiente que propicien las actividades eco- nómicas, el comercio y las inversiones en los Estados participantes y entre ellos; • Respeto del Estado de derecho en lo que concierne a la protección de la naturaleza en el área de la OSCE; • Campañas de concienciación acerca de cuestiones relacionadas con el Estado de derecho, lleva- das a cabo en los tribunales, los organismos encargados del cumplimiento de la ley y penitencia- rios, y también en los programas de capacitación impartida a letrados profesionales;

114 2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia

• Educación acerca del Estado de derecho, y oportunidades para que letrados profesionales, aca- démicos y estudiantes de derecho de los diversos Estados participantes en la región de la OSCE puedan establecer contactos y realizar intercambios; • La función de los tribunales constitucionales, o institución equivalente de los Estados partici- pantes, como instrumentos para velar por que los principios del Estado de derecho, la democra- cia y los derechos humanos se respeten en todas las instituciones estatales; • La existencia de recursos legales efectivos, si procede, y el acceso a los mismos; • El acatamiento de las normas y prácticas propias del Estado de derecho en el sistema de justi- cia penal; • La lucha contra la corrupción; (…)

Atenas 2009 (Decisión nº 7/09 relativa a la participación de la mujer en la vida pública y política)

El Consejo Ministerial, (…)

Preocupado porque la discriminación generalizada de la mujer continúa impidiendo su participa- 2 ción eficaz en todos los ámbitos de la vida pública y política, (…)

Pide a los Estados participantes que:

1. Consideren la adopción de medidas específicas cuyo objetivo sea lograr un equilibrio entre los géneros en todos los órganos de los poderes legislativo, (…)

Astana 2010

2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia

Copenhague 1990

115 2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia

(5.12) – deberá asegurarse la independencia de los jueces y el funcionamiento imparcial del ser- vicio judicial público; (5.13) – la independencia de los abogados será reconocida y protegida, especialmente en lo que se refiere a las condiciones de contratación y de ejercicio de la profesión;

Moscú 1991

(19) Los Estados participantes (19.1) – respetarán las normas internacionalmente reconocidas relativas a la independencia de los jueces y abogados y al funcionamiento imparcial de la judicatura incluyendo, entre otras, la Decla- ración Universal de Derechos Humanos y el Pacto Internacional de Derechos Civiles y Políticos; (19.2) – al aplicar normas y compromisos pertinentes asegurarán que se garantice la independen- cia del poder judicial y que esta independencia se incluya en la constitución o la legislación del país y sea respetada en la práctica, prestando especial atención a los Principios Básicos de la Indepen- dencia del Poder Judicial que, entre otras cosas, prevén lo siguiente: (i) prohibir influencias indebidas sobre los jueces; (ii) impedir la revisión de las decisiones judiciales por parte de las autoridades administrativas, salvo los derechos de las autoridades competentes de atenuar o conmutar penas impuestas por los jueces, de conformidad con la ley; (iii) proteger la libertad de expresión y de asociación de los jueces, sometida únicamente a restric- ciones que sean compatibles con sus funciones; (iv) garantizar que los jueces sean personas adecuadamente formadas y capacitadas, y elegidas de manera no discriminatoria; (v) garantizar la continuidad en el cargo y condiciones de servicio adecuadas, incluso en materia de ascenso de los jueces, cuando proceda; (vi) respetar las condiciones de inmunidad; (vii) garantizar que las medidas disciplinarias, la suspensión y la destitución de los jueces se esta- blezcan con arreglo a la ley.

(20) Para el fomento de la independencia del poder judicial, los Estados participantes (20.1) – reconocerán la importante función que las asociaciones nacionales e internacionales de jueces y abogados pueden realizar para fortalecer el respeto de la independencia de sus miembros y facilitar enseñanza y capacitación sobre la función del poder judicial y la profesión jurídica en la sociedad; (20.2) – promoverán y facilitarán el diálogo, los intercambios y la cooperación entre las asociacio- nes nacionales y otros grupos interesados en garantizar el respeto de la independencia del poder judicial y la protección de los abogados; (20.3) – cooperarán entre sí, entre otras cosas, mediante el diálogo, contactos e intercambios, con miras a identificar las esferas en que haya problemas relativos a la protección de la independen- cia de jueces y abogados, y a elaborar medios para ocuparse de dichos problemas y resolverlos; (20.4) – cooperarán permanentemente en esferas tales como la enseñanza y capacitación de jueces y abogados, así como en la preparación y promulgación de leyes encaminadas a fortalecer el res- peto de su independencia y el funcionamiento imparcial del servicio judicial público.

116 2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia

Estambul 1999 (Carta sobre la Seguridad Europea: IV. Nuestros instrumentos comunes)

45. Promoveremos Asimismo la creación de sistemas judiciales independientes, que desempeñen una función clave en la búsqueda de remedios para las violaciones de los derechos humanos, y pres- taremos asistencia y asesoramiento en la reforma del sistema penitenciario (…)

Liubliana 2005 (Decisión nº 12/05 relativa a la labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal)

El Consejo Ministerial, (…)

Consciente del cometido esencial que una judicatura imparcial e independiente tiene asignado al servicio de la legalidad del proceso penal y en orden al amparo de los derechos humanos con ante- rioridad al juicio, en el curso de las actuaciones penales y a raíz de la sentencia,

Consciente Asimismo de la importante función que incumbe a la asistencia letrada al servicio de la legalidad del proceso y en orden a la defensa y amparo de otros derechos humanos en el marco de la justicia penal, (…)

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal) 2 (…)

Recordamos el compromiso contraído por los Estados participantes de velar por la independen- cia de la judicatura (…)

Consideramos que: • La independencia de la judicatura es un requisito previo del Estado de derecho, y sirve de sal- vaguardia fundamental de la equidad del proceso penal; • La imparcialidad es esencial al ejercicio de la magistratura; • La integridad es esencial al ejercicio de la magistratura; • El magistrado deberá ser honrado, y además parecerlo; • La garantía de la igualdad de trato que debe otorgarse a todo ciudadano ante los tribunales es esencial para el ejercicio debido de la • La competencia profesional y la diligencia son requisitos previos para el ejercicio de la función judicial. Consideramos que: • Los fiscales deben ser personas íntegras y capaces, que estén debidamente formadas; • Los fiscales deben mantener en todo momento el honor y la dignidad de su profesión y el res- peto del Estado de derecho; • La función de la fiscalía debe ser estrictamente independiente de la judicial, y los fiscales debe- rán obrar en el pleno respeto de la independencia y la imparcialidad de los jueces; • Los fiscales deberán cumplir su cometido, conforme a derecho, así como con equidad, cohe- rencia y prontitud, respetando y protegiendo la dignidad humana y haciendo valer los derechos humanos, contribuyendo así a asegurar la legalidad del proceso y el buen funcionamiento de la justicia penal.

117 2.4.2 Independencia de la judicatura y de la profesión jurídica y funcionamiento imparcial del servicio público de justicia

(…)

Consideramos que: • Han de tomarse todas las medidas necesarias para que se respete, ampare y promueva la liber- tad de ejercicio de la abogacía, sin que haya discriminación alguna, ni interferencia de las auto- ridades o del público en general; • Toda decisión concerniente a la autorización para la práctica de la abogacía o para ser admi- tido en la profesión será tomada por un órgano independiente. Toda decisión de esta índole, aun cuando sea adoptada por un órgano independiente, deberá ser recurrible ante una autori- dad judicial independiente e imparcial; • Ningún abogado debe ser sancionado, ni amenazado con serlo, ni sometido a presión alguna, al obrar en el ejercicio de la abogacía de conformidad con su ética profesional; • Todo abogado ha de tener acceso a su cliente, particularmente si se trata de una persona que haya sido privada de su libertad, para que pueda asesorarla en privado y representar a su cliente conforme a la ética de su profesión; • Se ha de tomar toda medida razonable y necesaria para velar por que se respete el carácter con- fidencial de la relación entre el abogado y su cliente. No deberá permitirse excepción alguna a dicho principio, que no se estime compatible con el Estado de derecho; • A ningún abogado se le denegará acceso a un tribunal ante el cual esté habilitado para actuar, y se le dará acceso a todo expediente y prueba que sea del caso para poder defender los derechos e intereses de su cliente con arreglo a la ética de su profesión. (…)

Bruselas 2006 (Decisión nº 5/06 relativa al crimen organizado)

El Consejo Ministerial, (…)

4. Insta a los Estados participantes a que presten la debida atención a la integridad y a la profe- sionalidad de sus servicios (…) del ministerio fiscal, así como a la administración eficiente de la justicia, al buen gobierno del sistema judicial, a la independencia de la judicatura y a un funciona- miento adecuado de su sistema penitenciario (…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

118 2.4.3 Administración de justicia

Dublín 2012 (Declaración sobre el fortalecimiento de la buena gobernanza y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo) (…)

Reconocemos que la lucha contra la corrupción exige perspectivas estratégicas integrales y a largo plazo, así como instituciones consolidadas. Estamos convencidos de que los encargados de preve- nir, identificar, investigar, enjuiciar y dictar resoluciones judiciales ante delitos de corrupción no deben verse afectados por influencias indebidas. Sobre todo, destacamos la función central que desempeñan los órganos encargados de hacer cumplir las leyes y las instituciones judiciales a la hora de luchar contra la corrupción y garantizar el Estado de derecho. Reconocemos la importan- cia capital de salvaguardar la independencia de la judicatura para que pueda desempeñar sus fun- ciones y la necesidad de redoblar nuestros esfuerzos a ese respecto. (…)

2.4.3 Administración de justicia

A. Aplicación de la ley

Moscú 1991

(21) Los Estados participantes 2 (21.1) – tomarán todas las medidas necesarias para garantizar que, en el mantenimiento del orden público, el personal encargado de la aplicación de la ley actúe en interés general, responda a una necesidad específica y persiga un fin legítimo; y que utilice medios proporcionales a las circuns- tancias que no sobrepasen las necesidades de la aplicación de la ley; (21.2) – asegurarán que los actos relativos a la aplicación de la ley estén sujetos a control judicial, que el personal encargado de la aplicación de la ley sea responsable de sus actos y que las vícti- mas de actos cometidos en violación de los compromisos anteriormente indicados puedan pedir indemnización, de conformidad con el derecho interno.

(22) Los Estados participantes adoptarán medidas adecuadas para garantizar que la educación y la información relativas a la prohibición del abuso de la fuerza por el personal encargado de la apli- cación de la ley, así como los códigos de conducta internacionales y nacionales pertinentes, figu- ren en la formación de ese personal.

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

37. Los Estados participantes no utilizarán las fuerzas armadas para restringir el ejercicio pací- fico y legal de los derechos humanos y civiles de las personas, consideradas individualmente o como representantes de grupos, ni para despojarlas de su identidad nacional, religiosa, cultural, lingüística o étnica.

119 2.4.3 Administración de justicia

Estambul 1999 (Carta sobre la Seguridad Europea: IV. Nuestros instrumentos comunes)

45. (…) La OSCE colaborará Asimismo con otras organizaciones internacionales en la creación de marcos políticos y jurídicos en los que la policía pueda desempeñar su cometido de conformidad con los principios democráticos y el Estado de derecho.

Bucarest 2001 (Decisión nº 9/01 relativa a las actividades relacionadas con la policía)

El Consejo Ministerial, (…)

Afirmando que una labor policial eficaz es esencial para mantener el Estado de derecho y para defender las instituciones democráticas; (…)

1. Acuerda que en el desarrollo de planes para... y en la mejora de las actividades de la OSCE rela- cionadas con la policía (...): (…) • Estudiará el papel de la capacitación policial, particularmente la capacitación policial integrada, y se basará en dicho papel para crear servicios de policía que puedan granjearse la confianza de toda la población y que puedan servir como medida destinada a fomentar la confianza, (…)

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal) (…)

Consideramos que: • El personal de los cuerpos de seguridad deberá, en todo momento, cumplir con sus obligaciones impuestas por la ley, obrando al servicio del público y amparando a todas las personas contra todo acto ilícito, de conformidad con el sentido estricto de la responsabilidad que exige su profesión; • En el ejercicio de sus funciones, el personal de los cuerpos de seguridad deberá respetar y pro- teger la dignidad humana, y los derechos humanos de toda persona; • El personal de los cuerpos de seguridad solamente deberá recurrir al uso de la fuerza en la medida en que sea indispensable y adecuado para cumplir con su misión y para velar por la seguridad pública; • En su calidad de miembros del colectivo general de los funcionarios públicos o de toda otra persona que obra a título oficial, el personal de los cuerpos de seguridad se abstendrá de infli- gir, instigar, alentar o tolerar acto alguno de tortura o que constituya un trato o castigo cruel, inhumano o degradante;

Ningún funcionario de los cuerpos de seguridad será sancionado por desacato de una orden de cometer u ocultar algún acto que suponga tortura u algún otro trato o castigo cruel, inhumano • o degradante; • El personal de los cuerpos de seguridad deberá informarse sobre el estado de salud de toda per- sona que esté bajo su custodia y prestar atención a la misma y, deberá recabar inmediatamente toda asistencia médica que sea necesaria. (…)

120 2.4.3 Administración de justicia

Bruselas 2006 (Decisión nº 5/06 relativa al crimen organizado)

El Consejo Ministerial, (…)

4. Insta a los Estados participantes a que presten la debida atención a la integridad y a la profesio- nalidad de sus servicios de vigilancia y seguridad y del personal del ministerio fiscal, así como a la administración eficiente de la justicia, (…) y a un funcionamiento adecuado de su sistema peni- tenciario, (…) (…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE) El Consejo Ministerial, (…)

Atenas 2009 (Decisión nº 7/09 relativa a la participación de la mujer en la vida pública y política)

El Consejo Ministerial, (…)

Preocupado porque la discriminación generalizada de la mujer continúa impidiendo su participa- ción eficaz en todos los ámbitos de la vida pública y política, (…)

Pide a los Estados participantes que:

4. Consideren la adopción de medidas para crear igualdad de oportunidades en los servicios de seguridad, incluidas las fuerzas armadas si procede, a fin de conseguir que la política de recluta- miento, permanencia y ascensos esté más equilibrada entre hombres y mujeres; (…)

121 2.4.3 Administración de justicia

B. Trato de las personas en situación de privación de libertad

Ver también: II. 4.9 Personas detenidas o en prisión

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(23) Los Estados participantes (23.1) – asegurarán que nadie sea arbitrariamente detenido, preso o desterrado; (23.2) – asegurarán que todo individuo detenido o preso sea tratado con humanidad y con el res- peto debido a la dignidad inherente a toda persona humana; (23.3) – observarán las Reglas mínimas de las Naciones Unidas para el Tratamiento de los Reclu- sos, así como el Código de conducta de las Naciones Unidas para funcionarios encargados de hacer cumplir la ley; (23.4) – prohibirán el uso de la tortura y de otras prácticas o castigos crueles, inhumanos o degra- dantes, y tomarán efectivas medidas legislativas, administrativas, judiciales y de otra índole para prevenir y castigar tales prácticas; (23.5) – considerarán su adhesión, si aún no lo han hecho, a la Convención contra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes; (23.6) – protegerán a las personas contra toda práctica psiquiátrica y otras prácticas médicas que violen los derechos humanos y las libertades fundamentales, y tomarán medidas efectivas para impedir y castigar dichas prácticas.

(24) (…) En los Estados participantes que no la han abolido, sólo puede imponerse la pena de muerte por los más graves delitos de Conformidad con leyes vigentes en el momento de cometerse el delito, que no sean contrarias a sus compromisos internacionales (…)

Moscú 1991

(23) Los Estados participantes tratarán a todas las personas privadas de libertad con humanidad y el respeto debido a la dignidad inherente a toda persona humana y respetarán las normas reco- nocidas internacionalmente que se refieran a la administración de justicia y a los derechos huma- nos de las personas detenidas.

(23.1) Los Estados participantes garantizarán que (i) nadie sea privado de su libertad salvo por razones estipuladas por la ley y de conformidad con procedimientos legales; (ii) toda persona detenida sea rápidamente informada, en un idioma que le sea comprensible, de la razón de su detención, y que se le informe de los cargos que haya en contra suya; (iii) toda persona que haya sido privada de libertad sea rápidamente informada de sus derechos de conformidad con el derecho nacional; (iv) toda persona detenida o presa tenga derecho a comparecer rápidamente ante un juez u otro funcionario autorizado por la ley para determinar la legalidad de su arresto o detención, y sea libe- rada sin demora si tales medidas fueran declaradas ilegales;

122 2.4.3 Administración de justicia

(v) toda persona acusada de un delito penal tenga derecho a defenderse por sí misma o por medio de un abogado de su propia elección o, si no dispone de medios suficientes para pagar asistencia jurídica, que se le otorgue gratuitamente cuando el interés de la justicia así lo requiera; (vi) toda persona detenida o presa tenga derecho a notificar, sin demora indebida, a las personas de su elección, su arresto, detención o prisión y su paradero, o a exigir que la autoridad compe- tente efectúe esa notificación; cualquier restricción al ejercicio de este derecho será prescrita por la ley y estará en conformidad con normas internacionales; (vii) se adopten, si no se ha hecho ya, medidas efectivas para garantizar que los órganos encarga- dos de la aplicación de la ley no aprovechen indebidamente la situación de una persona detenida o privada de libertad con el fin de obligarla a confesar o incriminarse, o forzarla a testimoniar en contra de otra persona; (viii) se registre y certifique la duración de los interrogatorios y los intervalos entre ellos, de con- formidad con el derecho interno; (ix) toda persona detenida, o su abogado, tenga derecho a formular una petición o queja con res- pecto al trato recibido, en particular cuando haya habido tortura u otros tratos crueles, inhuma- nos o degradantes, ante las autoridades responsables de la administración del lugar de la detención y ante autoridades superiores y, cuando proceda, ante las autoridades adecuadas que tengan poder de revisión o recurso; (x) dicha petición o queja sea despachada rápidamente y se le dé contestación sin indebida demora; si la petición o queja fuera rechazada o en caso de demora anormal, el demandante estará autori- 2 zado a someterla ante una autoridad judicial u otra; ni la persona detenida o privada de libertad ni el demandante sufrirán perjuicio por formular una petición o queja; (xi) toda persona que haya sido víctima de un arresto o detención ilegales tendrá derecho legal- mente exigible a pedir compensación. (23.2) Los Estados participantes (i) se esforzarán por adoptar medidas, según proceda, encaminadas a mejorar las condiciones de las personas detenidas o privadas de libertad; (ii) prestarán especial atención a la cuestión de las alternativas a la prisión.

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal) (…)

Consideramos que: (…) • El personal de los cuerpos de seguridad deberá informarse sobre el estado de salud de toda per- sona que esté bajo su custodia y prestar atención a la misma y, deberá recabar inmediatamente toda asistencia médica que sea necesaria. (…)

Consideramos que la aplicación coercitiva de toda pena privativa de la libertad y el trato dispen- sado a los reclusos deberá respetar los requisitos de seguridad personal del recluso y de seguridad y disciplina de la institución penitenciaria, al tiempo que se ha de velar por que las condiciones penitenciarias no menoscaben la dignidad humana y brinden actividades ocupacionales útiles y programas adecuados de tratamiento para los reclusos, a fin de prepararlos de esta manera para su reinserción social. (…)

123 2.4.4 Cumplimiento de las obligaciones internacionales

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

2.4.4 Cumplimiento de las obligaciones internacionales

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios X)

Los Estados participantes cumplirán de buena fe sus obligaciones contraídas según el derecho internacional, tanto las obligaciones dimanantes de los principios y normas de derecho interna- cional generalmente reconocidos, como las obligaciones dimanantes de tratados u otros acuerdos, en conformidad con el derecho internacional, en los que son parte.

En el ejercicio de sus derechos soberanos, incluyendo el derecho de determinar sus leyes y regla- mentos, se atendrán a sus obligaciones jurídicas según el derecho internacional;

además, tendrán debidamente en cuenta y aplicarán las disposiciones del Acta Final de la Confe- rencia sobre la Seguridad y la Cooperación en Europa.

Los Estados participantes confirman que, en caso de conflicto entre las obligaciones de los Miem- bros de las Naciones Unidas, en virtud de la Carta de las Naciones Unidas, y de sus obligaciones en virtud de cualquier tratado u otro acuerdo internacional, prevalecerán sus obligaciones contraí- das en virtud de la Carta, de conformidad con el Artículo 103 de la Carta de las Naciones Unidas.

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal) (…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

1. Pide a los Estados participantes de la OSCE que cumplan sus obligaciones contraídas en vir- tud del derecho internacional, y que respeten sus compromisos con la OSCE acerca del Estado de

124 2.4.4 Cumplimiento de las obligaciones internacionales

derecho, tanto en el ámbito nacional como en el internacional, incluido en todos los aspectos de los ámbitos legislativo, administrativo y judicial; (…)

125 3. Compromisos relativos a los derechos humanos aplicables a todas las personas 3.1 Derechos civiles y políticos

3.1 Derechos civiles y políticos

3.1.1 Disposiciones generales

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

[Los Estados participantes] promoverán y fomentarán el ejercicio efectivo de los derechos y libertades civiles, políticos, económicos, sociales, culturales y otros derechos y libertades, todos los cuales deri- van de la dignidad inherente a la persona humana y son esenciales para su libre y pleno desarrollo.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

[Los Estados participantes] subrayan de igual manera, que están resueltos a desarrollar sus leyes y reglamentos en el campo de los derechos civiles, políticos, económicos, sociales, culturales y de otros derechos humanos y libertades fundamentales; hacen hincapié Asimismo en su firme pro- pósito de garantizar el ejercicio efectivo de dichos derechos y libertades.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(12) (…) [Los Estados participantes] reconocen que los derechos y libertades civiles, políticos, eco- nómicos, sociales, culturales y de otra índole son todos ellos de suprema importancia y que su pleno ejercicio ha de asegurarse por todos los medios apropiados.

(13) En este contexto (…) (13.2) – considerarán su adhesión, si aún no la han realizado, al Pacto Internacional de Derechos Civiles y Políticos, (…) al Protocolo Facultativo del Pacto de Derechos Civiles y Políticos y a otros 3 instrumentos internacionales pertinentes; (…)

3.1.2 Derecho a la vida/abolición de la pena de muerte

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(24) respecto a la cuestión de la pena de muerte, los Estados participantes toman nota de que en algunos de ellos ha sido abolida la pena capital. En los Estados participantes que no la han abo- lido, sólo puede imponerse la pena de muerte por los más graves delitos de Conformidad con leyes vigentes en el momento de cometerse el delito, que no sean contrarias a sus compromisos inter- nacionales. La cuestión de la pena de muerte seguirá siendo objeto de consideración. En este con- texto, los Estados participantes cooperarán con las organizaciones internacionales pertinentes.

Copenhague 1990

(17) Los Estados participantes (…) (17.2) – recuerdan, en este contexto, la adopción por la Asamblea General de las Naciones Unidas, el 15 de diciembre de 1989, del Segundo Protocolo Facultativo del Pacto Internacional de Dere- chos Civiles y Políticos encaminado a abolir la pena de muerte;

127 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

(17.3) – toman nota de las restricciones y salvaguardias relativas a la aplicación de la pena de muerte adoptadas por la comunidad internacional, en particular, el artículo 6 del Pacto Internacional de Derechos Civiles y Políticos; (17.4) – toman nota de las disposiciones del Sexto Protocolo del Convenio Europeo para la Pro- tección de los Derechos Humanos y de las Libertades Fundamentales relativo a la abolición de la pena de muerte; (17.5) – toman nota de las recientes medidas adoptadas por varios Estados participantes con miras a abolir la pena capital; (17.6) – toman nota de las actividades de varias organizaciones no gubernamentales sobre la cues- tión de la pena de muerte; (17.7) – efectuarán intercambios de información, en el marco de la Conferencia sobre la Dimen- sión Humana, acerca de la cuestión de la abolición de la pena de muerte y mantendrán dicha cues- tión en consideración; (17.8) – facilitarán al público información relativa a la aplicación de la pena de muerte.

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos) (…)

Subrayamos el derecho de todo ser humano a la vida, la libertad y la seguridad; nadie podrá ser some- tido a la esclavitud, y nadie podrá ser sometido a penas o tratos crueles, inhumanos o degradantes. (…)

3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(23) Los Estados participantes (…) (23.2) – asegurarán que todo individuo detenido o preso sea tratado con humanidad y con el res- peto debido a la dignidad inherente a toda persona humana; (23.3) – observarán las Reglas mínimas de las Naciones Unidas para el Tratamiento de los Reclu- sos, así como el Código de conducta de las Naciones Unidas para funcionarios encargados de hacer cumplir la ley; (23.4) – prohibirán el uso de la tortura y de otras prácticas o castigos crueles, inhumanos o degra- dantes, y tomarán efectivas medidas legislativas, administrativas, judiciales y de otra índole para prevenir y castigar tales prácticas; (23.5) – considerarán su adhesión, si aún no lo han hecho, a la Convención contra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes; (23.6) – protegerán a las personas contra toda práctica psiquiátrica y otras prácticas médicas que violen los derechos humanos y las libertades fundamentales, y tomarán medidas efectivas para impedir y castigar dichas prácticas.

128 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

Copenhague 1990

(16) Los Estados participantes (…) (16.2) – intentarán examinar, como asunto urgente, la posibilidad de adherirse a la Convención con- tra la Tortura y otros Tratos o Penas Crueles, Inhumanos o Degradantes, si aún no lo han hecho, y de reconocer la competencia del Comité contra la Tortura en virtud de los artículos 21 y 22 de la Convención, y de retirar las reservas relativas a la competencia del Comité en virtud del artículo 20; (16.3) – subrayan que no podrá invocarse como justificación para la tortura circunstancia excep- cional alguna, estado de guerra o amenaza de guerra, inestabilidad política interna o cualquier otra emergencia pública; (16.4) – velarán por que la educación y la información relativas a la prohibición del uso de la tor- tura se incluyan plenamente en la capacitación del personal encargado de la aplicación de las leyes, personal civil o militar, personal médico, funcionarios públicos y otras personas que pudieran par- ticipar en la custodia, interrogatorio o trato de toda persona sujeta a cualquier forma de arresto, detención o prisión; (16.5) – examinarán sistemáticamente las normas, instrucciones, métodos y prácticas relativas a los interrogatorios, así como las disposiciones relativas a la custodia y trato dado a las personas sometidas a cualquier forma de arresto, detención o prisión en cualquier territorio de su jurisdic- ción, con miras a impedir todo caso de tortura; (16.6) – examinarán con carácter prioritario, de conformidad con las disposiciones y procedi- mientos convenidos para el cumplimiento efectivo de los compromisos relativos a la dimensión humana de la CSCE, cualquier caso de tortura y otras prácticas o castigos crueles, inhumanos o degradantes que se les señale por vías oficiales o cualquier otra fuente de información fidedigna, y adoptarán las medidas pertinentes; (16.7) – actuarán en el entendimiento de que la protección y la garantía de la vida y de la seguri- dad de cualquier persona o personas sometidas a cualquier forma de tortura y otras prácticas o 3 castigos crueles, inhumanos o degradantes ha de ser el único criterio para determinar la urgen- cia y las prioridades cuando se trate de tomar medidas de reparación apropiadas y, en consecuen- cia, el examen de cualquier caso de tortura y de otras prácticas o castigos crueles, inhumanos o degradantes dentro del marco de cualquier otro órgano o mecanismo internacional, no podrá ser invocado como razón para dejar de examinar y de adoptar las medidas apropiadas, de conformi- dad con las disposiciones y procedimientos convenidos para el cumplimiento efectivo de los com- promisos relativos a la dimensión humana de la CSCE.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que, sin discriminación, (…) nadie: (…)

detención o prisión arbitrarias, torturas y otros tratos o penas crueles, inhumanos o degradantes; (…)

Moscú 1991

(23.1) Los Estados participantes garantizarán que (…) (vii) se adopten, si no se ha hecho ya, medidas efectivas para garantizar que los órganos encarga- dos de la aplicación de la ley no aprovechen indebidamente la situación de una persona detenida

129 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

o privada de libertad con el fin de obligarla a confesar o incriminarse, o forzarla a testimoniar en contra de otra persona; (viii) se registre y certifique la duración de los interrogatorios y los intervalos entre ellos, de con- formidad con el derecho interno; (ix) toda persona detenida, o su abogado, tenga derecho a formular una petición o queja con res- pecto al trato recibido, en particular cuando haya habido tortura u otros tratos crueles, inhuma- nos o degradantes, ante las autoridades responsables de la administración del lugar de la detención y ante autoridades superiores y, cuando proceda, ante las autoridades adecuadas que tengan poder de revisión o recurso; (x) dicha petición o queja sea despachada rápidamente y se le dé contestación sin indebida demora; si la petición o queja fuera rechazada o en caso de demora anormal, el demandante estará autori- zado a someterla ante una autoridad judicial u otra; ni la persona detenida o privada de libertad ni el demandante sufrirán perjuicio por formular una petición o queja;

Budapest 1994 (Decisiones: VIII. La dimensión humana)

20. Los Estados participantes condenan firmemente todas las formas de tortura como una de las violaciones más flagrantes de los derechos humanos y de la dignidad humana, y se comprometen a esforzarse por eliminarla.

A este respecto, reconocen la importancia de las normas internacionales establecidas en trata- dos internacionales sobre derechos humanos, en particular la Convención de las Naciones Unidas contra la Tortura y otros Tratos y Castigos Crueles, Inhumanos y Degradantes, y la Convención Europea para la Prevención de la Tortura y el Trato o los Castigos Inhumanos o Degradantes. Asi- mismo, reconocen la importancia de la legislación nacional encaminada a erradicar la tortura. Se comprometen a investigar todos los presuntos casos de tortura y a procesar a los autores. También se comprometen a incluir en sus programas educativos y de formación destinados a las fuerzas del orden y la policía disposiciones específicas con miras a erradicar la tortura. Consideran que un intercambio de información sobre este problema es un requisito previo esencial. Los Estados par- ticipantes deberían tener la posibilidad de obtener dicha información. En este contexto, la CSCE debería basarse Asimismo en la experiencia del Relator Especial sobre la Tortura y otros Tratos y Castigos Crueles, Inhumanos y Degradantes establecido por la Comisión de Derechos Humanos de las Naciones Unidas, y utilizar la información facilitada por las ONG.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

21. Estamos decididos a erradicar, en toda el área de la OSCE, la tortura y los tratos o castigos crueles, inhumanos o degradantes. Con este fin, promoveremos la adopción de leyes que otorguen garantías y remedios procesales y de derecho sustantivo contra dichas prácticas. Prestaremos asis- tencia a las víctimas y cooperaremos con las organizaciones internacionales y las ONG pertinen- tes, cuando así proceda.

Liubliana 2005 (Decisión nº 12/05 relativa a la labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal)

El Consejo Ministerial, (…)

Insistiendo en la necesidad de pronunciarse públicamente contra la tortura y de recordar que todas las formas de tortura y otros tratos o penas crueles, inhumanos o degradantes están y seguirán

130 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

estando prohibidos en todo lugar y momento, por lo que no cabe nunca justificar su empleo, e insistiendo Asimismo en la necesidad de reforzar las salvaguardias procesales contra la tortura así como de enjuiciar a los que la practiquen, evitando así que los actos de tortura queden impunes, y haciendo un llamamiento a los Estados participantes para que procedan sin tardanza a la firma y ratificación del Protocolo facultativo de la Convención contra la Tortura, (…)

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos) (…)

Atenas 2009 (Declaración ministerial con motivo del 25o aniversario de la adopción de la Convención contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degradantes)

1. Nosotros, los miembros del Consejo Ministerial de la OSCE, reafirmamos nuestra firme solida- ridad con la Convención contra la Tortura y Otros Tratos o Penas Crueles, Inhumanos o Degra- dantes, adoptada por la Asamblea General de las Naciones Unidas el 10 de diciembre de 1984, a la que todos los Estados participantes de la OSCE se han adherido.

2 Con motivo del 25° aniversario de la adopción de la Convención, reafirmamos que, al igual que se prescribe en la Declaración Universal de Derechos Humanos, nadie será sometido a tortura ni a otros tratos o penas crueles, inhumanos o degradantes. 3 3. Reconocemos que la tortura es un delito de la máxima gravedad y afirmamos que el derecho a no ser sometido a la tortura y otros tratos o penas crueles, inhumanos o degradantes es un derecho no derogable, que protege la dignidad y la integridad intrínsecas de la persona humana.

4. Condenamos enérgicamente todas las formas de tortura y otros tratos o penas crueles, inhuma- nos o degradantes que están y deben seguir estando prohibidos en todo momento y lugar y que jamás se pueden justificar.

5. Estamos profundamente inquietos porque la tortura y otros tratos o penas crueles, inhuma- nos o degradantes aún se aplican en muchos lugares del mundo, incluidos Estados participantes de la OSCE.

6. Por consiguiente, nos comprometemos a respetar la prohibición absoluta de emplear la tortura y otros tratos o penas crueles, inhumanos o degradantes, según se establece en la Convención, a apli- car plenamente y de buena fe sus cláusulas, y a actuar en plena conformidad con todos sus principios.

7. Pedimos a los Estados participantes que aún no lo hayan hecho que estudien lo antes posible la posibilidad de adherirse al Protocolo Facultativo de la Convención.

8. Asimismo, reafirmamos nuestra determinación de cumplir plenamente nuestros compromisos comunes de la OSCE para eliminar la tortura y otros tratos o penas crueles, inhumanos o degra- dantes.

131 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

9. Redoblaremos nuestros esfuerzos para tomar medidas tenaces, decididas y eficaces para preve- nir y combatir la tortura y otros tratos o penas crueles, inhumanos o degradantes y velar por la plena rehabilitación de las víctimas de la tortura.

10. Reconocemos la valiosa contribución de la OSCE a la promoción de los principios y las dispo- siciones que enuncia la Convención.

11. Estimamos que es importante cooperar plenamente con los órganos intergubernamentales internacionales oportunos con esa finalidad.

12. Encomiamos los esfuerzos persistentes de la sociedad civil para prevenir la tortura y otros tra- tos o penas crueles, inhumanos o degradantes y paliar el sufrimiento de las víctimas.

Tirana 2020, (Decisión nº 7/20 relativa a la prevención y erradicación de la tortura y otros tratos o penas crueles, inhumanos o degradantes)

El Consejo Ministerial,

Condenando enérgicamente todas las formas de tortura y otros tratos o penas crueles, inhumanos o degradantes como una de las más flagrantes violaciones de los derechos humanos y la dignidad humana, y reafirmando que la tortura y otros tratos o penas crueles, inhumanos o degradantes están y seguirán estando prohibidos en todo momento y lugar, (…)

Profundamente preocupado por la persistencia de casos de tortura y otros tratos o penas crueles, inhumanos o degradantes en muchas partes del mundo, incluida el área de la OSCE, que prevale- cen como consecuencia, entre otras cosas, del cumplimiento incompleto de las obligaciones per- tinentes en virtud del derecho internacional y los compromisos de la OSCE, y de la impunidad permanente de los autores que suele existir por falta de una investigación y un enjuiciamiento dili- gentes, independientes y eficaces de esos delitos,

Profundamente preocupado por los actos de tortura y otros tratos o penas crueles, inhumanos o degradantes cometidos contra personas por ejercer sus derechos humanos y libertades funda- mentales,

Profundamente preocupado por el hecho de que la tortura y otros tratos o penas crueles, inhuma- nos o degradantes se utilicen para obtener información o una confesión, (…)

Profundamente preocupado por el hecho de que sigan produciéndose desapariciones forzadas en el área de la OSCE, lo que constituye una grave violación de los derechos humanos, (…),

Reconociendo que durante las situaciones de conflicto, incluidos los conflictos armados, así como los disturbios civiles y las protestas masivas, debe prestarse especial atención a la prevención de la tortura y otros tratos o penas crueles, inhumanos o degradantes,

Reafirmando que todos los Estados participantes deben cumplir plenamente las obligaciones que les incumben en virtud del derecho internacional humanitario y las normas internacionales de derechos humanos, (…)

132 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

Recordando a todos los Estados participantes que la detención prolongada en régimen de inco- municación o en lugares secretos puede facilitar la comisión de actos de tortura y la aplicación de otros tratos o penas crueles, inhumanos o degradantes y puede constituir de por sí una forma de esos tratos,

Reconociendo que la prevalencia de la corrupción, en los sistemas policial y judicial entre otros, puede tener efectos negativos en la lucha contra la tortura y otros tratos o penas crueles, inhuma- nos o degradantes, entre otras cosas, al socavar las salvaguardias fundamentales e impedir que las víctimas de la tortura y otros tratos o penas crueles, inhumanos o degradantes puedan exigir de manera efectiva justicia, reparación e indemnización a través del sistema judicial,

Destacando la importancia de las salvaguardias jurídicas y procesales efectivas en todas las etapas de la detención, incluidas las primeras etapas de la custodia policial, como medidas eficaces para la prevención de la tortura y otros tratos o penas crueles, inhumanos o degradantes,

Reconociendo que las mujeres y las niñas están particularmente expuestas a sufrir torturas y otros tratos o penas crueles, inhumanos o degradantes en las situaciones de privación de libertad, y reco- nociendo la importancia de adoptar un enfoque sensible a las cuestiones de género en la lucha contra la tortura y otros tratos o penas crueles, inhumanos o degradantes, que tenga en cuenta esa particular exposición y las necesidades específicas de las mujeres y las niñas, entre otras cosas prestando especial atención a la violencia sexual contra las mujeres y las niñas, así como a la vio- lencia de género contra las mujeres y las niñas, y teniendo en cuenta las Reglas de las Naciones Unidas para el Tratamiento de las Reclusas y Medidas No Privativas de la Libertad para las Muje- res Delincuentes (Reglas de Bangkok),

Reconociendo la importancia de adoptar un enfoque centrado en las víctimas en la lucha contra la tortura y otros tratos o penas crueles, inhumanos o degradantes, prestando especial atención a las opiniones y necesidades específicas de las víctimas y de sus familiares directos en la elabo- ración de políticas y otras actividades relacionadas con la rehabilitación, la prevención y la ren- 3 dición de cuentas respecto de la tortura y otros tratos o penas crueles, inhumanos o degradantes,

Reconociendo que para combatir eficazmente la tortura y otros tratos o penas crueles, inhumanos o degradantes se requiere un enfoque integrado y centrado en las víctimas que abarque la preven- ción, el acceso a la justicia, la rendición de cuentas, la reparación y el derecho exigible jurídica- mente a una indemnización justa y adecuada, incluidos los medios para una rehabilitación lo más completa posible,

Reconociendo que los Estados participantes deben salvaguardar los derechos, y proteger los dere- chos humanos, de todas las personas privadas de libertad, incluidas las que han sido condenadas a pena de muerte, de conformidad con sus obligaciones internacionales

Reafirmando que todas las personas privadas de libertad serán tratadas con humanidad y con res- peto a la dignidad inherente a los seres humanos y reconociendo la importancia de que los Estados participantes adopten continuamente medidas apropiadas para mejorar las condiciones de detención a fin de velar por un mayor respeto de los derechos humanos y la dignidad de esas personas, (…),

Destacando los requisitos de la UNCAT de que todos los actos de tortura, consumados o en grado de tentativa, y los actos que constituyan complicidad o participación en la tortura se tipifiquen como delitos en el derecho penal interno y se castiguen con penas adecuadas que reflejen su gra- vedad, y de que ninguna información o confesión que se demuestre que ha sido obtenida mediante

133 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

tortura pueda ser invocada como prueba en ningún procedimiento, en ninguna circunstancia, salvo en contra de una persona acusada de tortura como prueba de que se ha producido ese delito,

Reconociendo la función que pueden desempeñar los mecanismos de prevención internaciona- les, regionales y nacionales u otros órganos pertinentes, incluidas las instituciones nacionales de derechos humanos, en la prevención eficaz de los actos de tortura y otros tratos o penas crueles, inhumanos o degradantes, así como la importancia de colaborar con expertos internacionales encargados de prestar asistencia a los Estados participantes en sus esfuerzos por prevenir la tor- tura y otros tratos o penas crueles, inhumanos o degradantes,

Poniendo de relieve la necesidad de garantizar que ninguna autoridad o funcionario público ordene, aplique, permita o tolere sanción, represalia o intimidación alguna contra ninguna persona, grupo o asociación por ponerse en contacto, tratar de ponerse en contacto o haber estado en contacto con cualquier órgano o mecanismo nacional o internacional competente que se dedique a preve- nir y combatir la tortura y otros tratos o penas crueles, inhumanos o degradantes,

Destacando que los ordenamientos jurídicos nacionales deben garantizar que las víctimas de la tortura y otros tratos o penas crueles, inhumanos o degradantes tengan acceso efectivo a la jus- ticia, incluida una investigación diligente, imparcial y eficaz, sin sufrir ningún tipo de represalia por presentar denuncias o prestar testimonio, y que esas víctimas obtengan reparación y tengan el derecho exigible jurídicamente a una indemnización justa y adecuada, incluidos los medios para una rehabilitación lo más completa posible,

Encomiando los constantes esfuerzos de la sociedad civil, tanto en el plano nacional como en el internacional, por prevenir y combatir eficazmente la tortura y otros tratos o penas crueles, inhu- manos o degradantes, así como por mitigar el sufrimiento de las víctimas,

Subrayando la importancia de la cooperación entre la OSCE y otras organizaciones y mecanismos internacionales y regionales a fin de promover la cooperación multilateral y Lograr sinergias efec- tivas, evitando la duplicación innecesaria de tareas, que pueden contribuir a prevenir y combatir eficazmente la tortura y otros tratos o penas crueles, inhumanos o degradantes, (…)

Pide a los Estados participantes que:

1. Mantengan la prohibición absoluta de todas las formas de tortura y otros tratos o penas crue- les, inhumanos o degradantes (…), que apliquen plenamente y de buena fe sus disposiciones, y que actúen de plena conformidad con todos sus principios;

2. Cumplir plenamente las obligaciones contraídas en virtud del Protocolo Facultativo de la UNCAT (OPCAT), si procede, y considerar cuanto antes la posibilidad de adherirse al OPCAT, si aún no lo han hecho;

3. Cumplir plenamente sus obligaciones en virtud de la ICPPED, si procede;

4. Cumplir plenamente sus obligaciones en virtud de los Convenios de Ginebra de 1949 con res- pecto a la prohibición de la tortura y los tratos crueles, inhumanos, humillantes y degradantes en el contexto de los conflictos armados;

134 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

5. Abandonen y se abstengan de utilizar técnicas de interrogatorio que constituyan tortura y otros tratos o penas crueles, inhumanos o degradantes, entre otras cosas, para obtener información o una confesión;

6. Apliquen salvaguardias jurídicas y procesales eficaces en todas las etapas de la detención, inclui- das las primeras etapas de la custodia policial;

7. Respeten las salvaguardias relativas a la libertad, seguridad y dignidad de la persona y se asegu- ren de que se eliminen la detención prolongada en régimen de incomunicación y los lugares secre- tos de detención e interrogatorio, en el entendimiento de que ese tipo de detención puede facilitar la comisión de actos de tortura y la aplicación de otros tratos o penas crueles, inhumanos o degra- dantes, y puede constituir de por sí una forma de tales tratos;

8. Tipifiquen como delitos en su derecho penal interno todos los actos de tortura, consumados o en grado de tentativa, y los actos que constituyan complicidad o participación en la tortura, incor- porando la definición de tortura que figura en el artículo 1 de la UNCAT y estableciendo penas adecuadas que reflejen su gravedad, y prohíban la utilización de toda información o confesión obtenida mediante tortura u otros tratos o penas crueles, inhumanos o degradantes como prueba en cualquier procedimiento, salvo en contra de una persona acusada de tortura como prueba de que se ha cometido ese delito;

9. Garanticen que toda persona detenida o presa, o su abogado, tenga derecho a presentar a las autoridades competentes una solicitud o denuncia relativa al trato de la persona detenida o presa, en particular cuando puedan haberse aplicado torturas u otros tratos o penas crueles, inhuma- nos o degradantes, y que dicha solicitud o denuncia se tramite con prontitud y se responda a la misma sin dilaciones indebidas, y que ni la persona detenida o presa ni ningún denunciante o tes- tigo sufran perjuicios o represalias como consecuencia de su solicitud, denuncia o cualquier tes- timonio prestado; 3 10. Incorporen la educación e información sobre la prohibición de la tortura y otros tratos o penas crueles, inhumanos o degradantes en la formación del personal de las fuerzas del orden, el per- sonal civil, militar y médico, los funcionarios públicos y otras personas que puedan participar en la custodia, el interrogatorio o el trato de toda persona sometida a cualquier forma de arresto, detención o prisión, incluida, según proceda, la relativa al uso proporcionado de la fuerza, todos los métodos científicos modernos disponibles para la investigación de delitos y la importancia fun- damental de denunciar a la superioridad los casos de tortura u otros tratos o penas crueles, inhu- manos o degradantes;

11. Apoyen los esfuerzos de los agentes nacionales pertinentes, como los mecanismos nacionales de prevención, las instituciones nacionales de derechos humanos u otros órganos o mecanismos nacionales que se dediquen a la prevención de la tortura y otros tratos o penas Crueles, inhuma- nos o degradantes y, en el caso de los que han ratificado el Protocolo Facultativo, que cumplan su obligación de designar o establecer mecanismos nacionales de prevención que sean independien- tes, estén dotados de recursos suficientes y sean eficaces;

12. Velen por una cooperación plena y permanente de sus gobiernos, de conformidad con sus res- pectivas obligaciones en virtud del derecho internacional, con los órganos o mecanismos internacio- nales de prevención aplicables, (…) y con los órganos nacionales pertinentes, como las instituciones nacionales de derechos humanos, permitiendo Asimismo el acceso sin restricciones a los lugares de detención si dicho acceso constituye una obligación para un Estado participante en virtud del

135 3.1.3 Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes

derecho internacional; acceso sin restricciones a los lugares de detención si dicho acceso constituye una obligación para un Estado participante en virtud del derecho internacional;

13. Cooperen plenamente con el Comité Internacional de la Cruz Roja (CICR) de conformidad con las obligaciones de los Estados participantes en virtud del derecho internacional humanitario;

14. Velen por que todas las denuncias de tortura u otros tratos o penas crueles, inhumanos o degra- dantes, así como aquellos casos en que haya motivos razonables para creer que se ha cometido un acto de esa índole, sean investigados con prontitud, eficacia, exhaustividad e imparcialidad por autoridades nacionales competentes e independientes, y garanticen la protección de denunciantes y testigos contra todo maltrato e intimidación como consecuencia de su denuncia o su testimonio;

15. Velen por que quienes alienten, instiguen, ordenen, toleren, consientan o perpetren actos de tortura u otros tratos o penas crueles, inhumanos o degradantes sean considerados responsables, puestos a disposición de la justicia y castigados de manera acorde con la gravedad del delito, inclui- dos los funcionarios encargados de cualquier lugar de detención u otro lugar en el que se prive a las personas de su libertad donde se haya determinado que se ha cometido el acto prohibido;

16. Proporcionen reparación a las víctimas de la tortura u otros tratos o penas crueles, inhumanos o degradantes, que abarque el derecho a un recurso efectivo y una reparación adecuada, efectiva y diligente, que debe incluir la restitución, una indemnización justa y adecuada, la rehabilitación, la satisfacción y garantías de no repetición de los hechos, teniendo plenamente en cuenta las nece- sidades específicas de cada víctima;

17. Velen por que todas las víctimas dispongan rápidamente y sin discriminación de servicios de rehabilitación adecuados, y adopten medidas eficaces para garantizar un entorno seguro y propi- cio para el acceso y la prestación de servicios de rehabilitación a las víctimas de la tortura;

18. Consideren la posibilidad de elaborar medidas para apoyar a todas las personas afectadas por la tortura u otros tratos o penas crueles, inhumanos o degradantes, incluidos los hijos de las víc- timas y otros familiares directos;

19. Promuevan la divulgación de información para las víctimas acerca de la disponibilidad de servicios de rehabilitación y garanticen que los procedimientos para obtener rehabilitación sean transparentes;

20. Apoyen los esfuerzos de las organizaciones de la sociedad civil por prevenir y combatir la tor- tura y otros tratos o penas crueles, inhumanos o degradantes, permitan su contribución activa, según proceda, y utilicen la información que les proporcionen sobre presuntos casos de tortura y otros tratos o penas crueles, inhumanos o degradantes;

21. Adopten medidas apropiadas y eficaces de carácter legislativo, administrativo, judicial y de otra índole para prevenir y prohibir la producción, el comercio, la exportación, la importación y el empleo de material que no tenga otro uso práctico que el destinado a infligir torturas u otros tra- tos o penas crueles, inhumanos o degradantes;

22. Sigan recurriendo, o consideren la posibilidad de recurrir, al asesoramiento, los conocimien- tos especializados y la asistencia técnica de la OIDDH en la esfera de la prevención y la lucha con- tra la tortura y otros tratos o penas crueles, inhumanos o degradantes.

136 3.1.4 Protección frente al arresto y la detención arbitrarias

3.1.4 Protección frente al arresto y la detención arbitrarias

Ver también: II. 2.4.1: Estado de derecho > Disposiciones generales II. 2.4.3 B: Trato de las personas en situación de privación de libertad II. 3.1.3: Prohibición de la tortura y de tratos o penas crueles, inhumanas o degradantes II. 3.1.5: Derecho a un juicio justo II. 3.1.6: Derecho a medidas reparadoras eficaces

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(23) Los Estados participantes (23.1) – asegurarán que nadie sea arbitrariamente detenido, preso o desterrado; (…)

Copenhague 1990

(5.15) – toda persona arrestada o detenida por una acusación penal tendrá derecho, hasta que se decida la legalidad de su arresto o detención, a ser llevada inmediatamente ante un juez u otro funcionario autorizado por la ley para ejercer esa función; (…)

Moscú 1991

(23.1) Los Estados participantes garantizarán que) (i) nadie sea privado de su libertad salvo por razones estipuladas por la ley y de conformidad con procedimientos legales; 3 (ii) toda persona detenida sea rápidamente informada, en un idioma que le sea comprensible, de la razón de su detención, y que se le informe de los cargos que haya en contra suya; (iii) toda persona que haya sido privada de libertad sea rápidamente informada de sus derechos de conformidad con el derecho nacional; (iv) toda persona detenida o presa tenga derecho a comparecer rápidamente ante un juez u otro funcionario autorizado por la ley para determinar la legalidad de su arresto o detención, y sea libe- rada sin demora si tales medidas fueran declaradas ilegales; (…) (vi) toda persona detenida o presa tenga derecho a notificar, sin demora indebida, a las personas de su elección, su arresto, detención o prisión y su paradero, o a exigir que la autoridad compe- tente efectúe esa notificación; cualquier restricción al ejercicio de este derecho será prescrita por la ley y estará en conformidad con normas internacionales; (vii) se adopten, si no se ha hecho ya, medidas efectivas para garantizar que los órganos encarga- dos de la aplicación de la ley no aprovechen indebidamente la situación de una persona detenida o privada de libertad con el fin de obligarla a confesar o incriminarse, o forzarla a testimoniar en contra de otra persona; (viii) se registre y certifique la duración de los interrogatorios y los intervalos entre ellos, de con- formidad con el derecho interno;

137 3.1.5 Derecho a un juicio justo

(ix) toda persona detenida, o su abogado, tenga derecho a formular una petición o queja con res- pecto al trato recibido, en particular cuando haya habido tortura u otros tratos crueles, inhuma- nos o degradantes, ante las autoridades responsables de la administración del lugar de la detención y ante autoridades superiores y, cuando proceda, ante las autoridades adecuadas que tengan poder de revisión o recurso; (x) dicha petición o queja sea despachada rápidamente y se le dé contestación sin indebida demora; si la petición o queja fuera rechazada o en caso de demora anormal, el demandante estará autori- zado a someterla ante una autoridad judicial u otra; ni la persona detenida o privada de libertad ni el demandante sufrirán perjuicio por formular una petición o queja; (xi) toda persona que haya sido víctima de un arresto o detención ilegales tendrá derecho legal- mente exigible a pedir compensación.

3.1.5 Derecho a un juicio justo

Ver también: II. 2.4: Estado de derecho II. 3.1.4: Protección frente al arresto y la detención arbitrarias II. 3.1.6: Derecho a medidas reparadoras eficaces

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes (…)

(13.9) – velarán por que toda persona que alegue la violación de sus derechos humanos o libertades fundamentales disponga de medios efectivos para recurrir y dé plena información sobre los mis- mos; los Estados participantes aplicarán de hecho, inter alia, los siguientes recursos: • el derecho del interesado a apelar a órganos ejecutivos, legislativos, judiciales o administrativos; • el derecho a un juicio justo y público, dentro de un plazo razonable, ante un tribunal indepen- diente e imparcial, inclusive el derecho del recurrente a aducir argumentos jurídicos y a ser repre- sentado por un letrado por él elegido; • el derecho a recibir rápidamente información oficial sobre la decisión relativa a la apelación, incluidas las razones jurídicas en que se base esa decisión. Esta información se proveerá por regla general por escrito y, en todo caso, de manera tal que permita al recurrente hacer uso efectivo de cualesquiera otros recursos disponibles.

Copenhague 1990

138 3.1.5 Derecho a un juicio justo

(5.14) – las normas relativas al procedimiento penal incluirán una definición clara de las compe- tencias por lo que se refiere a los enjuiciamientos y las medidas que precedan y acompañen dichos enjuiciamientos; (5.15) – toda persona arrestada o detenida por una acusación penal tendrá derecho, hasta que se decida la legalidad de su arresto o detención, a ser llevada inmediatamente ante un juez u otro funcionario autorizado por la ley para ejercer esa función; (5.16) – en la determinación de cualquier acusación penal contra ella o de sus derechos y obliga- ciones en un proceso legal, toda persona tendrá derecho a un juicio justo y público por parte de un tribunal competente, independiente e imparcial, establecido por la ley; (5.17) – toda persona enjuiciada tendrá derecho a defenderse personalmente o a ser asistida inme- diatamente por un defensor de su propia elección o, si careciera de medios suficientes para pagar la asistencia legal, se le suministrará tal asistencia gratuitamente cuando los intereses de la justi- cia así lo requieran; (5.18) – nadie será acusado, juzgado o condenado por un delito penal cualquiera, salvo que tal delito esté establecido por una ley que defina los elementos del delito con claridad y precisión; (5.19) – toda persona será considerada inocente hasta que se pruebe su culpabilidad conforme a la ley;

El Consejo Ministerial, (…)

139 3.1.6 Derecho a medidas reparadoras eficaces

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

3.1.6 Derecho a medidas reparadoras eficaces

Ver también: II. 2.4: Estado de derecho II. 3.1.4: Protección frente al arresto y la detención arbitrarias II. 3.1.5: Derecho a un juicio justo

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(13) (…) [Los Estados participantes] (…) (13.9) – velarán por que toda persona que alegue la violación de sus derechos humanos o libertades fundamentales disponga de medios efectivos para recurrir y dé plena información sobre los mis- mos; los Estados participantes aplicarán de hecho, inter alia, los siguientes recursos: • el derecho del interesado a apelar a órganos ejecutivos, legislativos, judiciales o administrativos; • el derecho a un juicio justo y público, dentro de un plazo razonable, ante un tribunal indepen- diente e imparcial, inclusive el derecho del recurrente a aducir argumentos jurídicos y a ser repre- sentado por un letrado por él elegido; • el derecho a recibir rápidamente información oficial sobre la decisión relativa a la apelación, incluidas las razones jurídicas en que se base esa decisión. Esta información se proveerá por regla general por escrito y, en todo caso, de manera tal que permita al recurrente hacer uso efectivo de cualesquiera otros recursos disponibles.

Copenhague 1990

(5) [Los Estados participantes] declaran solemnemente que entre los elementos de justicia que son esenciales para la plena expresión de la dignidad inherente y de los derechos iguales e inalienables de todos los seres humanos figuran los siguientes: (5.10) – toda persona dispondrá de un recurso efectivo de reparación contra las decisiones adminis- trativas, a fin de garantizar el respeto de los derechos fundamentales y asegurar la integridad jurídica; (5.11) – las decisiones administrativas contra una persona deberán ser plenamente justificables y se deberá indicar en ellas, como norma, los recursos disponibles habituales; (...)

140 3.1.6 Derecho a medidas reparadoras eficaces

(5.21) – a fin de complementar los recursos internos y de garantizar mejor el respeto por parte de los Estados participantes de las obligaciones internacionales por ellos asumidas, los Estados par- ticipantes estudiarán la manera de adherirse a una convención internacional de carácter regional o universal relativa a la protección de los derechos humanos, tal como el Convenio Europeo sobre Derechos Humanos o el Protocolo Facultativo del Pacto Internacional de Derechos Civiles y Polí- ticos, que prevén procedimientos de recurso individual ante instancias internacionales. (…)

(11) Estados participantes afirman Asimismo que, donde se aleguen violaciones de los derechos humanos y de las libertades fundamentales, los recursos efectivos disponibles incluirán (11.1) – el derecho de la persona a recabar y recibir asistencia jurídica adecuada; (11.2) – el derecho de la persona a recabar y recibir asistencia de otras personas para defender los derechos humanos y las libertades fundamentales, y para asistir a otros en la defensa de los dere- chos humanos y de las libertades fundamentales; (11.3) – el derecho de las personas o grupos que actúen en su nombre, a entrar en comunicación con organismos internacionales facultados para recibir y examinar la información relativa a ale- gaciones de violaciones de los derechos humanos. (…)

(40) Los Estados participantes (…) (40.5) – reconocen el derecho del individuo a reparaciones efectivas y se ocuparán de reconocer, de conformidad con la legislación nacional, el derecho de personas y grupos interesados de ini- ciar y apoyar denuncias contra actos de discriminación, incluidos los actos racistas y de xenofobia;

París 1990 (Una nueva era de Democracia, Paz y Unidad) 3 Garantizaremos que todo el mundo pueda interponer recursos efectivos, tanto nacionales como internacionales, contra cualquier violación de sus derechos.

Moscú 1991

(18.2) Toda persona dispondrá de medios efectivos de recurrir contra las decisiones administrati- vas, a fin de garantizar el respeto de los derechos fundamentales y asegurar la integridad jurídica. (18.3) Con este mismo fin, habrá medios eficaces de recurso contra los reglamentos administrati- vos para los individuos afectados por ellos. (18.4) Los Estados participantes se esforzarán por facilitar el examen judicial de dichos reglamen- tos y decisiones.

Liubliana 2005 (Decisión nº 12/05 relativa a la labor en defensa de los derechos humanos y del estado de derecho en el marco de los sistemas de justicia penal)

El Consejo Ministerial, (…)

141 3.1.7 Objeción de conciencia y servicio alternativo

(…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

3.1.7 Objeción de conciencia y servicio alternativo

Copenhague 1990

(18) Los Estados participantes (18.1) – toman nota de que la Comisión de Derechos Humanos de las Naciones Unidas ha recono- cido el derecho de toda persona a formular objeciones de conciencia al servicio militar; (18.2) – toman nota de las recientes medidas adoptadas por varios Estados participantes para per- mitir la exención del servicio militar obligatorio sobre la base de objeciones de conciencia; (18.3) – toman nota de las actividades de varias organizaciones no gubernamentales sobre la cues- tión de la objeción de conciencia al servicio militar obligatorio; (18.4) – convienen en considerar la posibilidad de introducir, donde no se ha hecho todavía, otras formas de servicio, compatibles con las razones de la objeción de conciencia; en principio, dichas formas de servicio serían de carácter no bélico o civil, en interés público y de índole no punitiva; (18.5) – facilitarán al público información sobre esta cuestión; (18.6) – mantendrán en examen, dentro del marco de la Conferencia sobre la Dimensión Humana, cuestiones pertinentes relacionadas con la exención del servicio militar obligatorio, donde exista, sobre la base de objeciones de conciencia al servicio de las armas, e intercambiarán información sobre tales cuestiones.

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

28. Los Estados participantes recogerán en sus leyes u otros documentos pertinentes los derechos y deberes del personal de sus fuerzas armadas. Considerarán la posibilidad de establecer exencio- nes o alternativas al servicio militar.

142 3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia

3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

Los Estados participantes respetarán los derechos humanos y las libertades fundamentales de todos, incluyendo la libertad de pensamiento, conciencia, religión o creencia, sin distinción por motivos de raza, sexo, idioma o religión. (…)

En este contexto, los Estados participantes reconocerán y respetarán la libertad de la persona de profesar y practicar, individualmente o en comunidad con otros, su religión o creencia, actuando de acuerdo con los dictados de su propia conciencia.

Helsinki 1975 (Cooperación en el campo humanitario y en otros campos)

Los Estados participantes (…) confirman que los cultos, las instituciones y las organizaciones religiosas, que actúan dentro del marco constitucional de los Estados participantes, y sus repre- sentantes pueden, en el sector de su actividad, efectuar entre ellos contactos y encuentros e inter- cambiar informaciones.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes (…) reafirman que reconocerán y respetarán la libertad del indivi- duo para profesar y practicar individualmente o en comunidad con otros, su religión o creencia actuando de acuerdo con los dictados de su propia conciencia, e incluso convienen en tomar las medidas necesarias para garantizarla. 3 En este contexto, consultarán, siempre que sea necesario, a las confesiones, instituciones y organi- zaciones religiosas, que actúan dentro del marco constitucional de sus respectivos países.

Examinarán con ánimo favorable las solicitudes de las comunidades religiosas de creyentes que practican o desean practicar su culto en el marco constitucional de sus Estados para que se les conceda el estatuto previsto en sus respectivos países para confesiones, instituciones y organiza- ciones religiosas.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios) (…)

(11) [Los Estados participantes]Confirman que respetarán los derechos humanos y las libertades fundamentales de todos, incluyendo la libertad de pensamiento, conciencia, religión o creencia, sin distinción por motivos de raza, sexo, idioma o religión. Asimismo, confirman el valor univer- sal de los derechos humanos y de las libertades fundamentales, cuyo respeto es un factor esencial para la paz, la justicia y la seguridad necesarias para asegurar el desarrollo de las relaciones de amistad y la cooperación entre ellos, así como entre todos los Estados. (…)

(16) A fin de asegurar la libertad de la persona de profesar y practicar una religión o creencia, los Estados participantes, inter alia,

143 3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia

(16.1) – adoptarán medidas eficaces para prevenir y eliminar toda discriminación contra individuos o comunidades, por motivo de religión o creencia, en el reconocimiento, el ejercicio y el goce de los derechos humanos y de las libertades fundamentales en todas las esferas de la vida civil, política, económica, social y cultural, y garantizarán la igualdad de hecho entre creyentes y no creyentes; (16.2) – promoverán un clima de tolerancia y respeto mutuos entre creyentes de diferentes comu- nidades, así como entre creyentes y no creyentes; (16.3) – otorgarán, a petición de las comunidades de creyentes que practiquen o deseen practicar su religión en el marco constitucional de sus Estados, el reconocimiento del estatuto que para ellas se prevea en sus respectivos países; (16.4) – respetarán el derecho de esas comunidades religiosas a • establecer y mantener lugares de culto o de reunión libremente accesibles, • organizarse de conformidad con su propia estructura jerárquica e institucional, • elegir, nombrar y sustituir a su personal de conformidad con sus necesidades y normas respecti- vas, así como con cualquier acuerdo libremente establecido entre tales comunidades y su Estado, • solicitar y recibir contribuciones voluntarias financieras y de otra índole; (16.5) – realizarán consultas con confesiones, instituciones y organizaciones religiosas, con el fin de obtener una mejor comprensión de los requisitos de la libertad religiosa; (16.6) – respetarán el derecho de toda persona a impartir y recibir educación religiosa en el idioma de su elección, individualmente o en asociación con otras personas; (16.7) – respetarán en este contexto, inter alia, la libertad de los padres de asegurar la educación religiosa y moral de sus hijos de acuerdo con sus propias convicciones; (16.8) – permitirán la formación de personal religioso en las instituciones apropiadas; (16.9) – respetarán el derecho de los creyentes individuales y de las comunidades de creyentes a adquirir, poseer y utilizar libros sagrados y publicaciones religiosas en el idioma de su elección, así como otros artículos y materiales relacionados con la práctica de una religión o creencia, (16.10) – permitirán a las confesiones, instituciones y organizaciones religiosas la producción, importación y distribución de publicaciones y materiales religiosos y la difusión de los mismos; (16.11) – prestarán favorable consideración al interés de las comunidades religiosas por participar en el diálogo público, inter alia, a través de los medios de comunicación.

(17) Los Estados participantes reconocen que el ejercicio de los derechos arriba mencionados rela- tivos a la libertad de religión o creencia sólo puede estar sujeto a limitaciones establecidas por la ley y que sean conformes con las obligaciones de esos Estados según el derecho internacional y con sus compromisos internacionales. Procurarán en sus leyes y reglamentaciones y en la apli- cación de las mismas, asegurar la plena y efectiva realización de la libertad de pensamiento, con- ciencia, religión o creencia. (…)

(32) Permitirán a los creyentes, a las confesiones religiosas y a sus representantes, en grupos o individualmente, establecer y mantener contactos personales directos y comunicación entre sí, en el suyo propio y en otros países, inter alia, mediante viajes, peregrinaciones y participación en reuniones y otros acontecimientos religiosos. En este contexto, y en la medida correspondiente a dichos contactos y acontecimientos, las personas interesadas podrán adquirir, recibir o llevar consigo publicaciones y objetos religiosos relacionados con la práctica de su religión o creencia.

144 3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia

Copenhague 1990

Estados participantes reafirman que

(9.4) – toda persona tendrá derecho a la libertad de pensamiento, conciencia y religión. Este derecho comprende la libertad de cambiar su propia religión o creencia, de manifestar su propia religión o creencia, individual o colectivamente, en público o en privado, mediante el culto, la enseñanza, la práctica y la celebración de ritos. El ejercicio de tales derechos sólo estará sujeto a las limitaciones previstas por la ley que sean compatibles con las normas internacionales; (…)

(33) Los Estados participantes protegerán la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales en su territorio y crearán condiciones para la promoción de tal identidad. Tomarán las medidas necesarias a esos efectos tras debidas consultas, con inclusión de contac- tos con organizaciones o asociaciones de tales minorías, de conformidad con el procedimiento de adopción de decisiones de cada Estado.

Todas esas medidas serán compatibles con los Principios de igualdad y no discriminación con res- 3 pecto a los demás ciudadanos del Estado participante de que se trate. (…)

Budapest 1994 (Decisiones: VIII. La dimensión humana)

27. Reafirmando su compromiso de garantizar la libertad de conciencia y religión y de favorecer un clima de tolerancia y respeto mutuo entre los creyentes de diferentes comunidades, así como entre creyentes y no creyentes, expresaron su preocupación por la explotación de la religión con fines nacionalistas agresivos.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

9. Insiste en la importancia de la libertad de pensamiento, de conciencia y de religión o creencia, y condena toda práctica de discriminación o violencia, particularmente todo acto que vaya diri- gido contra algún grupo religioso o contra alguna persona creyente en particular. Asume el com- promiso de asegurar y facilitar la libertad de toda persona para profesar y practicar su religión o creencia, por sí sola o en comunidad, y de velar por que se introduzcan, caso de ser necesario, normas legales, reglamentos, prácticas o políticas no discriminatorias, que sean además transpa- rentes. Alienta a los Estados participantes a que soliciten la asistencia de la OIDDH y de su equipo pericial sobre libertad religiosa y de creencia. Insiste en la importancia de instituir un diálogo,

145 3.1.8 Libertad de Pensamiento, Conciencia, Religión o Creencia

reforzado y continuo, intercultural e interreligioso, con miras a promover la tolerancia, el respeto y el mutuo entendimiento;

Astana 2010

7. Siguen existiendo amenazas y desafíos graves. (…) Hay que esforzarse más por promover la liber- tad de religión o de creencias y combatir la intolerancia y la discriminación. (…)

Kiev 2013 (Decisión nº 3/13 relativa a la libertad de Pensamiento, Conciencia, Religión o Creencia) (…)

Reafirmando las decisiones anteriores de la CSCE/OSCE relativas a la libertad de pensamiento, conciencia, religión o creencia, (…),

Comprometido a garantizar el respeto y el disfrute de la libertad de pensamiento, conciencia, reli- gión o creencia para todas las personas,

Poniendo de relieve que toda persona tiene derecho a la libertad de pensamiento, de conciencia, de religión o de creencia, incluida la libertad de tener o adoptar la religión o creencia que uno escoja, de no tener o no profesar ninguna religión, cambiar de religión o de creencia, así como la libertad de manifestar la religión o creencia propia, individual o colectivamente, tanto en público como en privado, a través de la enseñanza, la práctica, el culto y la observancia. La libertad de manifestar la religión o creencia propia estará sujeta solamente a las limitaciones establecidas por la ley y que sean conformes con las normas internacionales,

Reafirmando los compromisos contraídos por los Estados participantes de respetar, proteger y garantizar el derecho de toda persona a la libertad de pensamiento, conciencia, religión o creencia,

Poniendo de relieve la relación existente entre la seguridad y el pleno respeto de la libertad de pen- samiento, conciencia, religión o creencia,

Profundamente preocupado por los actos continuados de intolerancia y violencia dirigidos contra personas y comunidades religiosas o de creencias en todo el mundo por motivos de pensamiento, conciencia, religión o creencia,

Haciendo hincapié en que la libertad de pensamiento, conciencia, religión o creencia, y todos los demás derechos humanos y libertades fundamentales son interdependientes, están relacionados entre sí y se refuerzan mutuamente,

Subrayando la importancia de promover un clima de tolerancia y respeto mutuos entre los creyen- tes de diferentes comunidades, así como entre creyentes y no creyentes,

Pide a los Estados participantes que: • Cumplan plenamente los compromisos de la OSCE relativos a la libertad de pensamiento, con- ciencia, religión o creencia; • Cumplan plenamente sus compromisos a fin de garantizar el derecho de todas las personas a profesar y practicar su religión o creencia, tanto individual como colectivamente, en público y en privado, y a manifestar su religión o creencia a través de la enseñanza, la práctica, el culto

146 3.1.9 Libertad de asociación y derecho de reunión pacífica

y la observancia mediante, entre otras medidas, leyes, normativas, prácticas y políticas trans- parentes y no discriminatorias; • Se abstengan de imponer limitaciones que no sean conformes a los compromisos de la OSCE y las obligaciones internacionales relativas a la práctica de una religión o creencia por parte de personas o comunidades religiosas; • Promuevan y faciliten la asociación y el diálogo abierto y transparente interconfesional e inte- rreligioso; • Traten de prevenir la intolerancia, la violencia y la discriminación por motivos de religión o creencia, en particular contra cristianos, judíos, musulmanes y miembros de otras religiones, así como contra no creyentes; condenen la violencia y la discriminación por razones religiosas, y se esfuercen por brindar prevención y protección frente a ataques dirigidos contra personas o grupos de personas por motivos de pensamiento, conciencia, religión o creencia; • Alienten a que se incluya de manera oportuna a las comunidades religiosas y de creencias en los debates públicos sobre iniciativas legislativas pertinentes; • Fomenten el diálogo entre las comunidades religiosas o de creencias y los órganos gubernamen- tales, concretamente en asuntos relacionados con el uso de los lugares de culto y bienes de titu- laridad religiosa, cuando sea necesario; • Tomen medidas efectivas para prevenir y eliminar la discriminación por motivos de religión o creencia contra personas o comunidades religiosas o de creencias, así como contra no creyentes, por parte de funcionarios públicos en el ejercicio de sus obligaciones públicas; • Adopten políticas que promuevan el respeto y la protección de los lugares de culto y de cen- tros religiosos, monumentos religiosos, cementerios y santuarios, contra actos de vandalismo y destrucción.

3.1.9 Libertad de asociación y derecho de reunión pacífica 3 Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes garantizarán el derecho de los trabajadores a la libre creación de sindi- catos y de asociación a los mismos, el derecho de los sindicatos a ejercer libremente sus activida- des y demás derechos conforme a lo estipulado en los instrumentos internacionales pertinentes. Señalan que tales derechos se ejercerán en cumplimiento de la Ley del Estado y de conformidad con las obligaciones del Estado según el derecho internacional. Estimularán cuando proceda, los contactos directos y la comunicación entre dichos sindicatos y sus representantes.

Sofía 1989 (Preámbulo)

Los Estados participantes reafirman su respeto del derecho de las personas, grupos y organizacio- nes interesados por las cuestiones ambientales de expresar libremente sus puntos de vista, de aso- ciarse con otros, de reunirse pacíficamente, así como de obtener, publicar y distribuir información sobre dichas cuestiones sin impedimentos jurídicos ni administrativos, contrarios a las disposicio- nes de la CSCE. Esas personas, grupos y organizaciones tienen el derecho de participar en debates públicos sobre cuestiones medioambientales, así como de establecer y mantener contactos direc- tos e independientes a nivel nacional e internacional.

147 3.1.9 Libertad de asociación y derecho de reunión pacífica

Bonn 1990 (Preámbulo)

Reconociendo la relación entre el pluralismo político y las economías de mercado y estando obli- gados por los principios de: (…) • Actividad económica que, en consecuencia, apoye la dignidad humana y no incluya trabajo for- zoso, (…) y negación de los derechos de los trabajadores a establecer libremente sindicatos inde- pendientes o afiliarse a ellos;

Favorecerán el logro o mantenimiento de lo siguiente (…)

Copenhague 1990

(7) (…) Los Estados participantes (7.6) – respetarán el derecho de las personas y grupos a establecer, en plena libertad, sus propios partidos políticos u otras organizaciones políticas (…) (…)

(9) Estados participantes reafirman que (9.2) – toda persona tendrá el derecho de reunión y de manifestación pacíficas. Cualquier restric- ción que pueda imponerse al ejercicio de esos derechos será prescrita por la ley y habrá de ajus- tarse a las normas internacionales; (9.3) – se garantizará el derecho de asociación. Se garantizará el derecho a crear un sindicato y -con sujeción al derecho general de los sindicatos de determinar sus propias condiciones de adhesión- de adherirse libremente al mismo. Estos derechos excluirán todo control previo. Se garantizará la libertad de asociación de los trabajadores, inclusive El derecho de huelga, con sujeción a las limi- taciones prescritas por la ley y que sea compatible con las normas internacionales; (…)

(10) (…) los Estados participantes manifiestan su determinación (…) (10.3) – velar por que cada persona pueda ejercer el derecho de asociación, inclusive el de crear organizaciones no gubernamentales que se esfuerzan por promover y proteger los derechos huma- nos y las libertades fundamentales, con inclusión de sindicatos y de grupos de vigilancia de los derechos humanos, así como el derecho de adherirse a esas organizaciones y de participar efec- tivamente en ellas; (…)

(32.6) – establecer y mantener organizaciones o asociaciones dentro de su país y participar en orga- nizaciones internacionales no gubernamentales.

148 3.1.10 Libertad de expresión, información y medios de comunicación libres

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que, sin discriminación, cada persona tiene derecho a (…) libertad de asociación y de reunión pacíficas (…)

Helsinki 2008 (Declaración Ministerial con motivo del 60° Aniversario de la Declaración Universal de Derechos Humanos) (…)

Reiteramos que todo ser humano tiene derecho a la libertad de pensamiento, conciencia, religión o creencia, a la libertad de opinión y de expresión, a la libertad de reunión y de asociación pacífi- cas. El ejercicio de esos derechos sólo podrá estar sujeto a limitaciones establecidas por la ley y de conformidad con nuestras obligaciones contraídas en virtud del derecho internacional y con nues- tros compromisos internacionales. (…)

3.1.10 Libertad de expresión, información y medios de comunicación libres

A. Disposiciones generales

Helsinki 1975 (Cooperación en el campo humanitario y en otros campos)

Los Estados participantes,

Conscientes de la necesidad de que cada vez sea más amplio el conocimiento y la comprensión de los diversos aspectos de la vida en otros Estados participantes, 3 Reconociendo que este proceso contribuye a desarrollar la confianza entre los pueblos,

Deseando, con el desarrollo de la comprensión mutua entre los Estados participantes y la mejora ulterior de sus relaciones, proseguir esfuerzos adicionales para lograr avances en esta esfera,

Reconociendo la importancia de difundir la información de otros Estados participantes y de adqui- rir un mejor conocimiento de esta información, (…)

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(34) (…) A este respecto, asegurarán, de conformidad con lo dispuesto en el Pacto Internacional de Derechos Civiles y Políticos, la Declaración Universal de Derechos Humanos y sus compromi- sos internacionales pertinentes relativos a la búsqueda, recepción y transmisión de toda clase de información, [Los Estados participantes] que toda persona pueda elegir libremente sus fuentes de información. En este contexto (…)

149 3.1.10 Libertad de expresión, información y medios de comunicación libres

• permitirán que las personas, instituciones y organizaciones, siempre que respeten los derechos de propiedad intelectual, incluido el derecho de autor, obtengan, posean, reproduzcan y distri- buyan material de información de toda clase.

Con estos fines, eliminarán cuantas restricciones sean incompatibles con las obligaciones y los compromisos arriba mencionados.

(35) Aprovecharán todas las posibilidades que ofrecen los medios de comunicación modernos, incluso los de comunicación por cable y satélite, para incrementar la difusión más amplia y libre de informaciones de toda índole. Asimismo, alentarán la cooperación y los intercambios entre sus instituciones, organizaciones y expertos técnicos pertinentes, y se esforzarán por armonizar las normas y pautas técnicas correspondientes.

(36) Asegurarán en la práctica que puedan distribuirse libremente en sus territorios los boletines de información oficial que publiquen las misiones diplomáticas y otras misiones oficiales y con- sulados de los demás Estados participantes. (…)

(45) Asegurarán en la práctica que las personas, que pertenezcan a minorías nacionales o culturas regionales, residentes en sus territorios, puedan tener acceso a información en su lengua materna, y difundir e intercambiar esa información.

Sofía 1989 (Preámbulo)

Copenhague 1990

(7) (…) Los Estados participantes (…) (7.7) – garantizarán que la ley y la política oficial estén orientadas a permitir que la campaña polí- tica se lleve a cabo dentro de una atmósfera imparcial y libre en la que no haya acciones adminis- trativas, violencia ni intimidación que impidan a los partidos y a los candidatos exponer libremente sus puntos de vista y valoraciones, o impidan a los electores conocerlas y discutirlas (…) (…)

(9) Estados participantes reafirman que (9.1) – toda persona tiene derecho a la libertad de expresión, incluido el derecho a la información. Este derecho incluirá la libertad de expresar opiniones y de recibir y comunicar informaciones e ideas sin injerencia por parte de las autoridades públicas y sin consideración de fronteras. El ejer- cicio de este derecho no estará sujeto más que a las limitaciones prescritas por la ley, que sean compatibles con las normas internacionales. En particular, no se impondrá limitación alguna al acceso y a la utilización de los medios materiales de reproducción de documentos de cualquier

150 3.1.10 Libertad de expresión, información y medios de comunicación libres

índole, aunque respetando, sin embargo, los derechos relativos a la propiedad intelectual, incluido el derecho de autor; (…)

(10) (…) los Estados participantes manifiestan su determinación (10.1) – respetar el derecho de cada persona, individualmente o en asociación con otros, de reca- bar, recibir y difundir libremente opiniones e información sobre derechos humanos y libertades fundamentales, inclusive los derechos de divulgar y publicar tales opiniones e información; (10.2) – respetar el derecho de cada persona, individualmente o en asociación con otros, a estu- diar o debatir la observancia de los derechos humanos y de las libertades fundamentales y a ela- borar y debatir ideas para el mejoramiento de la protección de los derechos humanos y buscar mejores medios de garantizar el cumplimiento de las normas internacionales relativas a los dere- chos humanos; (…)

(32) (…) Las personas pertenecientes a minorías nacionales tienen el derecho de expresar, preservar y desarrollar libremente su identidad étnica, cultural, lingüística o religiosa y de mantener y desarro- llar su cultura en todos sus aspectos, libres de cualquier tentativa de asimilación contra su voluntad.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

36. Los Estados participantes reafirman que la libertad de expresión es un derecho humano fun- damental y un elemento básico de una sociedad democrática.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común) 3 26. Reafirmamos la importancia de disponer (…) de la libre circulación de la información y del acceso del público a la misma. Nos comprometemos a tomar todas las medidas necesarias para asegurar las condiciones básicas para (…) la libre circulación transfronteriza e intraestatal de la información (…)

Astana 2010

B. Libertad de los medios de comunicación y condiciones de trabajo de los periodistas

Ver también: I. 2.3.4 C: El Representante de la OSCE para la Libertad de los Medios de Comunicación

Helsinki 1975 (Cooperación en el campo humanitario y en otros campos)

(…) Reconociendo la importancia de difundir la información de otros Estados participantes y de adquirir un mejor conocimiento de esta información,

151 3.1.10 Libertad de expresión, información y medios de comunicación libres

Subrayando, por lo tanto, la función esencial e influyente de la prensa, la radio, la televisión, el cinematógrafo y las agencias de prensa, así como la de los periodistas que trabajan en estas esferas,

Hacen suyo el objetivo de facilitar una difusión más libre y amplia de las informaciones de toda índole; fomentar la cooperación en materia de información y el intercambio de información con otros países; y mejorar las condiciones en que los periodistas de un Estado participante ejercen su profesión en otro Estado participante, y

Expresan su intención, en particular, de: (a) Mejoramiento de la circulación de la información, del intercambio de la misma y del acceso a ella (…)

(i) Información impresa

Facilitar una mejor difusión, en su territorio, de diarios y publicaciones impresas, periódicas y no periódicas, procedentes de los otros Estados participantes. (…)

Contribuir a mejorar el acceso del público a las publicaciones impresas, periódicas y no periódi- cas, importadas conforme a las condiciones antes indicadas. (…)

(ii) Información filmada, radiodifundida y televisada

Promover la mejor circulación de información filmada, radiodifundida y televisada. (…)

Los Estados participantes constatan la expansión producida en la difusión de información por radio y expresan la esperanza de que tal proceso continúe de modo que se adecúe al interés de un enten- dimiento mutuo entre los pueblos y a los objetivos fijados en la presente Conferencia.

(b) Cooperación en materia de información

Fomentar la cooperación en materia de información, a base de acuerdos o arreglos a corto o a largo plazo. En particular: • favorecerán una mayor cooperación entre las organizaciones de los medios de comunicación de masas. Incluidas las agencias de prensa, así como entre editoriales y organizaciones de edición: • favorecerán la cooperación entre organizaciones de radiodifusión y televisión, públicas o priva- das, nacionales o internacionales, en particular mediante el intercambio de programas de radio y televisión, lo mismo en directo que en grabaciones, y mediante la producción conjunta, y la difusión de dichos programas; • fomentarán las reuniones y contactos tanto entre organizaciones de periodistas como entre periodistas de los Estados participantes; • considerarán favorablemente las posibilidades de arreglos entre publicaciones periódicas y entre diarios de los Estados participantes, para el intercambio y la publicación de artículo; • fomentarán el intercambio de información técnica, así como la organización de investigaciones conjuntas y de reuniones destinadas al intercambio de resultados de experiencias y de opinio- nes entre expertos en las esferas de la prensa, la radio y la televisión.

152 3.1.10 Libertad de expresión, información y medios de comunicación libres

Los Estados participantes, deseosos de mejorar las condiciones en que los periodistas de un Estado participante ejercen su profesión en otro Estado participante, tienen la intención, en particular, de: • examinar con ánimo favorable, y dentro de un plazo adecuado y razonable, las peticiones de visados de los periodistas; • conceder a los periodistas de los Estados participantes, permanentemente acreditados, en base a arreglos, visados de entradas y salidas múltiples para plazos determinados; • facilitar a los periodistas acreditados de los Estados participantes la concesión de permisos de estancia en el país de su residencia temporal y, cuando fuere necesario, de aquellos otros docu- mentos oficiales que es apropiado que posean; • aligerar, sobre la base de reciprocidad, los procedimientos para que los periodistas de los Esta- dos participantes organicen viajes en el país en que ejercen su profesión, y proporcionar progre- sivamente mayores oportunidades para estos viajes, a reserva de la observancia de las normas relativas a la existencia de zonas prohibidas por razones de seguridad; • asegurar que las peticiones de los mencionados periodistas para tales viajes reciban, en la medida de lo posible, una pronta respuesta, habida cuenta de la fecha prevista en la solicitud; • incrementar para los periodistas de los Estados participantes las posibilidades de comunicarse per- sonalmente con sus fuentes de información, incluidas las organizaciones e instituciones oficiales; • conceder a los periodistas de los Estados participantes el derecho de importar, a reserva única- mente de ser reexportado, el equipo técnico (fotográfico, cinematográfico, magnetofónico, radio- difusivo y televisivo) necesario para el ejercicio de su profesión;* • dar la posibilidad a los periodistas de los demás Estados participantes, permanente o temporal- mente acreditados, de la transmisión integra, normal y rápida, por los medios reconocidos en los Estados participantes, a los órganos de información que representen, de los resultados de su actividad profesional, inclusive las grabaciones magnéticas y las películas no reveladas con el 3 fin de su publicación o difusión por la radio o la televisión.

Los Estados participantes reafirman que el legítimo ejercicio de su actividad profesional no expon- drá a los periodistas a ser expulsados o a ser objeto de ninguna otra penalización. Si un periodista acreditado es expulsado, será informado de los motivos de dicha decisión y podrá cursar una peti- ción para que se examine nuevamente su caso.

Madrid 1983 (Cooperación en el campo humanitario y en otros campos)

[Los Estados participantes] favorecerán una mayor expansión de la cooperación entre los medios de comunicación de masas y sus representantes, especialmente entre el personal de redacción de agencias de prensa, periódicos y organismos de radio y televisión, así como de compañías cinema- tográficas. Fomentarán un intercambio más regular de noticias, artículos, suplementos y emisiones radiofónicas, así como el intercambio de personal de redacción para perfeccionar su conocimiento de las respectivas prácticas. Basándose en la reciprocidad, mejorarán las facilidades y servicios materiales y técnicos proporcionados a los periodistas de radio y televisión acreditados temporal o

* Aunque se reconoce que los periodistas extranjeros emplean en muchos casos personal local apropiado, los Estados participantes toman nota de que las anteriores disposiciones se aplicarán, a reserva de que se observen los reglamentos apropiados, a las personas de los demás Estados participantes que actúan regular y profesio- nalmente en calidad de técnicos, fotógrafos u de operadores de aparatos tomavistas para la prensa, la radio, la televisión y el cinematógrafo.

153 3.1.10 Libertad de expresión, información y medios de comunicación libres

permanentemente. Más aún, facilitarán los contactos directos entre periodistas, así como los con- tactos en el marco de las organizaciones profesionales.

Resolverán sin demoras indebidas sobre las solicitudes de visado de los periodistas y volverán a examinar, en un plazo razonable, las solicitudes que hayan sido denegadas. Además, los perio- distas que deseen efectuar viajes por motivos personales y no con objeto de informar disfrutarán de idéntico trato que los demás visitantes de su país de origen.

Otorgarán a los corresponsales permanentes y miembros de sus familias que vivan con ellos, visa- dos de entrada y salida múltiples con validez de un año.

Los Estados participantes examinarán la posibilidad de conceder, donde sea necesario y sobre la base de acuerdos bilaterales, la acreditación y demás facilidades conexas, a los periodistas de otros Estados participantes que estén permanentemente acreditados en terceros países.

Facilitarán el desplazamiento de los periodistas de otros Estados participantes dentro de sus terri- torios, en especial tomando medidas concretas donde sea necesario, para ofrecerles la oportuni- dad de viajar más extensamente con la excepción de zonas prohibidas por razones de seguridad. Siempre que sea posible se informará a los periodistas de antemano, si por razones de seguridad se han prohibido nuevas zonas.

Aumentarán las posibilidades de que los periodistas de otros Estados participantes establezcan y mantengan contactos y comunicaciones personales con sus fuentes de información y, cuando sea necesario, mejorarán estas condiciones.

Autorizarán como regla general, a los periodistas de radio y televisión, cuando así lo soliciten, a ir acompañados por sus propios técnicos de sonido y de imagen y a utilizar su propio equipo.

De forma análoga, los periodistas podrán llevar consigo material de consulta con inclusión de notas personales y expedientes para estricto uso profesional.*

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(34) (…) Fomentarán en mayor medida una difusión más libre y amplia de informaciones de toda índole, la cooperación en materia de información y la mejora de las condiciones de trabajo de los periodistas. (…)

(…) cuidarán • de que los servicios radiofónicos que operen conforme a las Normas Radiofónicas de la UIT pue- dan ser objeto de recepción directa y normal; (…)

* Se entiende en este contexto que la importación de material impreso puede estar sujeta a reglamentación local, que se aplicará teniendo debidamente en cuenta la necesidad de los periodistas de disponer de suficiente mate- rial de trabajo. Los Estados participantes, donde sea necesario, facilitarán el establecimiento y funcionamiento en sus capitales de centros de prensa o instituciones que realicen las mismas funciones, abiertos a la prensa nacional y extranjera, donde esta última disponga de instalaciones adecuadas de trabajo. Considerarán nuevas formas y procedimientos de asistencia a periodistas de otros Estados participantes, permitiéndoles así resolver los problemas prácticos que puedan encontrar.

154 3.1.10 Libertad de expresión, información y medios de comunicación libres

(37) Alentarán a las organizaciones de radio y televisión a que, sobre la base de acuerdos entre ellas, emitan en directo, especialmente en los países organizadores, programas y debates con participan- tes procedentes de diferentes Estados; y a que difundan declaraciones de personalidades políticas u otras de los Estados participantes, así como entrevistas con las mismas.

(38) Alentarán a las organizaciones de radio y televisión a que informen sobre diferentes aspectos de la vida en otros Estados participantes y a que fomenten el incremento del número de retrans- misiones bilaterales entre sus países.

(39) Recordando que el legítimo ejercicio de la actividad profesional de los periodistas no debe exponerles a ser expulsados ni ser objeto de ninguna otra penalización, los Estados participantes se abstendrán de tomar medidas restrictivas tales como retirar a un periodista su acreditación o expulsarlo debido al contenido de sus informaciones o de las del medio de comunicación para el que trabaje.

(40) Cuidarán de que, en el ejercicio de esa actividad, los periodistas, incluidos los que represen- ten medios de comunicación de otros Estados participantes, tengan libre acceso a fuentes de infor- mación públicas y privadas y puedan mantener contactos con las mismas; y de que se respete su necesidad de confidencialidad profesional.

(41) Respetarán el derecho de autor de los periodistas.

(42) Sobre la base, en caso necesario, de arreglos entre ellos y con el fin de informar regularmente, concederán la acreditación cuando se requiera, así como visados de entrada múltiples, a los perio- distas de otros Estados participantes, cualquiera que sea su domicilio. Sobre esta base, reducirán a no más de dos meses el plazo en que deben expedirse a los periodistas tanto la acreditación como los visados de entrada múltiples.

(43) Facilitarán la labor de los periodistas extranjeros suministrándoles, a petición suya, informa- 3 ción pertinente sobre cuestiones de interés práctico, tales como normas de importación, impues- tos y alojamiento.

(44) Asegurarán que, una vez concedida la acreditación, si es que ésta se requiere, los periodistas extranjeros tengan acceso también a las conferencias oficiales de prensa y, según proceda, a otros acontecimientos informativos similares.

Copenhague 1990

(7) (…) [los Estados participantes] (…) (7.8) – procurarán que no haya obstáculo jurídico o administrativo que impida el libre acceso a los grandes medios de información sobre una base no discriminatoria para todos los grupos políticos y personas que deseen participar en el proceso electoral;

Moscú 1991

(26) Estados participantes reafirman el derecho a la libertad de expresión, incluidos (…) el dere- cho de los medios de comunicación a reunir, relatar y difundir información, noticias y opiniones. Toda restricción del ejercicio de este derecho se establecerá por ley y de conformidad con nor- mas internacionales. Asimismo, reconocen que los medios de comunicación independientes son

155 3.1.10 Libertad de expresión, información y medios de comunicación libres

esenciales para las sociedades libres y abiertas y los sistemas de gobierno responsables y tienen par- ticular importancia para la salvaguardia de los derechos humanos y las libertades fundamentales. (26.1) Consideran que los medios de comunicación impresos y radiodifundidos en su territorio deberían tener acceso ilimitado a las noticias y servicios de información extranjeros. El público dis- frutará de similar libertad para recibir y difundir información e ideas sin injerencias de las auto- ridades públicas y sin consideración de fronteras, incluso por medio de publicaciones y emisiones de radio extranjeras. Toda restricción del ejercicio de este derecho se establecerá por ley y de con- formidad con normas internacionales. (26.2) Los Estados participantes permitirán, sin discriminación alguna, a los medios de comuni- cación independientes el acceso a la información, materiales e instalaciones y servicios.

(…)

(28.9) Los Estados participantes se esforzarán por mantener la libertad de opinión y la libertad de información, de conformidad con sus obligaciones y compromisos internacionales, a fin de permitir un debate público sobre la observancia de los derechos humanos y las libertades funda- mentales y el levantamiento del estado de emergencia pública. De conformidad con las normas internacionales relativas a la libertad de expresión, no tomarán medidas encaminadas a impedir a los periodistas el legítimo ejercicio de su profesión salvo las estrictamente requeridas por las exi- gencias de la situación. (…)

Estados participantes adoptarán, cuando proceda, todas las medidas posibles para la protección de los periodistas que se encuentren en misión profesional peligrosa, particularmente en casos de conflictos armados, y cooperarán entre sí a tal efecto. Esas medidas incluirán buscar a los perio- distas desaparecidos, investigar su destino, prestarles ayuda adecuada y facilitar su retorno entre sus familias.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

36. Los Estados participantes reafirman que la libertad de expresión es un derecho humano funda- mental y un elemento básico de una sociedad democrática. A este respecto, los medios de comuni- cación independientes y pluralistas se consideran esenciales para una sociedad libre y abierta y para sistemas de gobierno responsables. Adoptan como principio rector la salvaguardia de este derecho.

37. Condenan todos los ataques y acosos contra periodistas y se comprometerán a considerar direc- tamente responsables a los autores de dichos ataques y acosos.

38. Toman nota de que el fomento del odio y la tensión étnica a través de los medios de comuni- cación, especialmente por parte de los gobiernos, puede interpretarse como una alerta temprana de un conflicto.

Lisboa 1996 (Declaración de la Cumbre)

156 3.1.10 Libertad de expresión, información y medios de comunicación libres

11. La libertad de la prensa y de los medios de información figura entre los requisitos previos fun- damentales para toda sociedad civil verdaderamente democrática (…)

Copenhague 1997 (Anexo 1: Decisión nº 193 del Consejo Permanente, Mandato del Representante de la OSCE para la Libertad de los Medios de Comunicación)

1. Los Estado participantes (…) recuerdan en particular que la libertad de expresión es un derecho humano fundamental e internacionalmente reconocido y un componente básico de una sociedad democrática, y que los medios de comunicación libres, independientes y pluralistas son esencia- les para una sociedad libre y abierta y sistemas de gobierno responsables. Teniendo en cuenta los principios y compromisos que han asumido en el marco de la OSCE, (…) los Estados participan- tes deciden establecer, bajo los auspicios del Consejo Permanente, un cargo de representante de la OSCE para la libertad de los medios de comunicación. El objetivo es fomentar la aplicación de los principios y compromisos pertinentes de la OSCE, así como mejorar la eficacia de la acción concertada de los Estados participantes, basada en sus valores comunes. Los Estados participan- tes confirman que cooperarán plenamente con el Representante de la OSCE para la Libertad de los Medios de Comunicación. El Representante asistirá a los Estados participantes, con espíritu de cooperación, en su compromiso permanente de promover medios de comunicación libres, inde- pendientes y pluralistas. (…)

Estambul 1999 (Declaración de la Cumbre)

27. (…) Estamos profundamente preocupados por la utilización que se hace de dichos medios, en situaciones de conflicto, para fomentar el odio y las tensiones étnicas, y por el recurso a obstruc- ciones y restricciones jurídicas para privar a los ciudadanos de medios informativos libres. Subra- yamos la necesidad de asegurar la libertad de expresión, que constituye un elemento esencial del discurso político en toda democracia. Respaldamos la labor de la Oficina del Representante de la OSCE para la Libertad de los Medios de Comunicación al servicio del desarrollo de unos medios 3 informativos libres e independientes.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

26. Reafirmamos la importancia de disponer de medios informativos independientes, así como de la libre circulación de la información y del acceso del público a la misma. Nos comprometemos a tomar todas las medidas necesarias para asegurar las condiciones básicas para (…) la libre cir- culación transfronteriza e intraestatal de la información (…)

Milán 2018 (Decisión nº 3/18 relativa a la seguridad de los periodistas)

El Consejo Ministerial,

Reafirmando todos los compromisos pertinentes de la OSCE sobre el derecho a la libertad de expre- sión, la libertad de los medios informativos y la libre circulación de la información, (…),

en el que los Estados participantes reafirmaron que el derecho a la libertad de expresión incluye la libertad de tener opiniones y de recibir y difundir información e ideas sin injerencias de las auto- ridades públicas y sin limitación de fronteras, (…)

157 3.1.10 Libertad de expresión, información y medios de comunicación libres

Reafirmando que los medios informativos independientes son necesarios en una sociedad libre y abierta y en sistemas de gobierno responsables, y que tienen una importancia particular para salvaguardar los derechos humanos y las libertades fundamentales, (…),

Reconociendo que el periodismo y la tecnología están evolucionando, y que ello contribuye al debate público, aunque también puede ampliar la gama de riesgos que socavan la seguridad de los periodistas,

Constatando la importancia de promover y proteger la seguridad de los periodistas para la aplica- ción de los correspondientes Objetivos y Metas de Desarrollo Sostenible de la Agenda 2030 de las Naciones Unidas para el Desarrollo Sostenible,

Reconociendo que la labor de los periodistas puede exponerlos, tanto a ellos como a sus familias, al riesgo de sufrir violencia, así como intimidación y hostigamiento, también a través de la tecno- logía digital, lo que puede disuadirlos de que continúen realizando su trabajo, o desembocar en la autocensura, Constatando con inquietud que las medidas restrictivas indebidas tomadas contra periodistas pueden repercutir en su seguridad e impedir que faciliten información al público, lo cual afecta negativamente al ejercicio del derecho de la libertad de expresión,

Reiterando que los medios informativos en sus respectivos territorios deben tener acceso ilimi- tado a las noticias y los servicios de información extranjeros, que los ciudadanos disfrutarán de la misma libertad para recibir y difundir información e ideas, sin injerencias de las autoridades públicas y sin limitación de fronteras, incluso por medio de publicaciones y emisiones extranje- ras, y que toda restricción del ejercicio de este derecho se establecerá por ley y de conformidad con normas internacionales, tal y como se establece en el Documento de 1991 de la Reunión de Moscú de la Conferencia sobre la Dimensión Humana de la CSCE,

Preocupado porque las violaciones y los abusos del derecho a estar libres de injerencias arbitrarias o ilícitas en la esfera privada puedan afectar a la seguridad de los periodistas,

Profundamente preocupado por todos los abusos y las violaciones de los derechos humanos per- petrados con relación a la seguridad de los periodistas, incluidos los que implican el asesinato, la tortura, la desaparición forzada, el arresto arbitrario, la detención y la expulsión arbitrarias, la intimidación, el hostigamiento y las amenazas de todo tipo, físicas, legales, políticas, tecnológicas o económicas, con el fin de reprimir su trabajo,

Preocupado por los diversos riesgos que afrontan las mujeres periodistas en relación con su labor, también a través de la tecnología digital, y subrayando la importancia de garantizar la máxima seguridad posible para ellas, y que las experiencias y los problemas de las mujeres periodistas se aborden de manera efectiva,

Reconociendo la función crucial que desempeñan los periodistas en la cobertura electoral, con- cretamente al informar al público acerca de los candidatos, sus plataformas y los debates en curso, y manifestando su grave preocupación ante las amenazas y los ataques violentos a los que se enfren- tan los periodistas en ese sentido,

Reconociendo además la importancia del periodismo de investigación, y que la capacidad de los medios informativos para investigar y publicar los resultados de sus indagaciones, también en Inter- net, sin temor a sufrir represalias, puede desempeñar una función importante en nuestras socie- dades, especialmente para exigir responsabilidades a las instituciones y los funcionarios públicos,

158 3.1.10 Libertad de expresión, información y medios de comunicación libres

Alarmado por que el aumento de las campañas específicas que socavan la labor de los periodistas está erosionando cada vez más la confianza y la fe en la credibilidad del periodismo, y reconociendo que eso puede incrementar el riesgo de amenazas y violencia contra los periodistas,

Alarmado Asimismo ante casos en los que dirigentes políticos, funcionarios públicos u otras auto- ridades intimidan, amenazan, toleran o no condenan la violencia contra periodistas,

Manifestando su honda preocupación ante la amenaza creciente para la seguridad de los periodis- tas que suponen, entre otros, los grupos terroristas o las bandas criminales,

Poniendo de relieve también los riesgos particulares en relación con la seguridad de los periodis- tas en la era digital, entre otras cosas la situación especialmente vulnerable de convertirse en un objetivo de la piratería informática o de la vigilancia y la interceptación ilícitas o arbitrarias de las comunicaciones, lo que socava el ejercicio de su derecho a la libertad de expresión y su derecho a estar libres de injerencias arbitrarias o ilícitas en su esfera privada,

Reiterando que los Estados participantes condenan todo ataque y hostigamiento contra periodis- tas, y que se esforzarán por que los responsables directos de tales ataques y hostigamientos rindan cuentas ante la justicia, (…), y reconociendo también que la rendición de cuentas por la comisión de delitos contra periodistas es un elemento clave para la prevención de futuros ataques,

Subrayando la importancia de la conmemoración del 2 de noviembre como Día Internacional para Poner Fin a la Impunidad de los Crímenes contra Periodistas (IDEI) proclamado por la Asamblea General de las Naciones Unidas,

Observando con preocupación el clima de impunidad que prevalece cuando no se castigan los ata- ques violentos cometidos contra periodistas, y reconociendo el papel de los gobiernos, los legisla- dores y el poder judicial a la hora de crear un entorno de trabajo seguro y garantizar la seguridad de los periodistas mediante, entre otras cosas, la condena pública y el enjuiciamiento de todos los 3 responsables de delitos cometidos contra periodistas,

Recordando las resoluciones (…), de las Naciones Unidas, en las que se condenan todas las vio- laciones y abusos cometidos contra los periodistas, los profesionales de los medios de comunica- ción y el personal asociado en situaciones de conflicto armado, y en las que se establece que los periodistas, los profesionales de los medios de comunicación y el personal asociado que realicen misiones profesionales peligrosas en zonas de conflicto armado deberán considerarse civiles y ser protegidos como tales, siempre que se abstengan de emprender acciones que afecten negativa- mente a su estatus de civiles,

Pide a los Estados participantes que:

1. Cumplan plenamente todos los compromisos de la OSCE y sus obligaciones internacionales en relación con la libertad de expresión y la libertad de los medios informativos, también mediante el respeto, la promoción y la protección de la libertad de investigar, recibir y difundir información sin limitación de fronteras;

2. Adapten sus leyes, políticas y prácticas relativas a la libertad de los medios informativos para que cumplan plenamente sus obligaciones y compromisos internacionales, y que las revisen y, en caso necesario, las deroguen o modifiquen para que no limiten la capacidad de los periodistas de desempeñar su trabajo de forma independiente y sin injerencias indebidas;

159 3.1.10 Libertad de expresión, información y medios de comunicación libres

3. Condenen pública e inequívocamente todos los ataques y actos de violencia contra periodistas, como asesinatos, torturas, desapariciones forzadas, arrestos arbitrarios, detenciones y expulsiones arbitrarias, intimidaciones, hostigamientos y amenazas de cualquier tipo, ya sean físicas, legales, políticas, tecnológicas o económicas, que se utilicen para reprimir su trabajo y/o para forzar inde- bidamente la clausura de sus oficinas, especialmente en situaciones de conflicto;

4. Condenen también pública e inequívocamente los ataques contra mujeres periodistas en rela- ción con su trabajo, como el acoso sexual, abusos, intimidaciones, amenazas y violencia, también a través de las tecnologías digitales;

5. Insten a que se libere inmediata e incondicionalmente a todos los periodistas que hayan sido arrestados o detenidos arbitrariamente, tomados como rehenes o que hayan sido víctimas de des- apariciones forzadas;

6. Tomen medidas eficaces para poner fin a la impunidad con respecto a los delitos cometidos con- tra periodistas, garantizando la rendición de cuentas como elemento clave Para prevenir futuros atentados, en particular velando por que los organismos encargados de hacer cumplir la ley rea- licen investigaciones rápidas, eficaces e imparciales de los actos de violencia y las amenazas con- tra periodistas, a fin de llevar a todos los responsables ante la justicia y garantizar que las víctimas tengan acceso a recursos adecuados;

7. Insten a los líderes políticos, los funcionarios públicos y/o las autoridades a que se abstengan de intimidar, amenazar o tolerar la violencia contra los periodistas, y a que la condenen inequívoca- mente, a fin de reducir los riesgos o amenazas a los que pueden enfrentarse los periodistas y evitar que se socave la confianza en la credibilidad de los periodistas, así como el respeto a la importan- cia del periodismo independiente;

8. Se abstengan de interferir arbitraria o ilegalmente en el uso de tecnologías de encriptado y ano- nimato por parte de los periodistas, y se abstengan también de emplear técnicas de vigilancia ile- gal o arbitraria, señalando que tales actos infringen el disfrute de los derechos humanos por los periodistas y pueden ponerlos en peligro de sufrir violencia y amenazas a su seguridad;

9. Alienten a los órganos estatales y a los organismos encargados de hacer cumplir la ley a que lle- ven a cabo actividades de concienciación y formación sobre la necesidad de garantizar la seguri- dad de los periodistas, y a que promuevan la participación de la sociedad civil en esas actividades, cuando proceda;

10. Establezcan o refuercen, cuando sea posible, a nivel nacional, labores de recopilación de datos, análisis y elaboración de informes sobre atentados y violencia contra los periodistas;

11. Se aseguren de que las leyes de difamación no conllevan sanciones o penas excesivas que pue- dan socavar la seguridad de los periodistas y/o censurar efectivamente a los periodistas e interfe- rir en su misión de informar al público y, cuando sea necesario, revisen y deroguen dichas leyes, de conformidad con las obligaciones de los Estados participantes en virtud del derecho interna- cional en materia de derechos humanos;

12. Pongan en práctica de manera más eficaz el marco jurídico aplicable para la protección de los periodistas y todos los compromisos pertinentes de la OSCE;

13. Cooperen plenamente con el Representante de la OSCE para la Libertad de los Medios de Comu- nicación, también en la cuestión de la seguridad de los periodistas;

160 3.1.10 Libertad de expresión, información y medios de comunicación libres

C. Libertad de expresión cultural o artística

Ver también: II. 3.2.3: Derechos culturales/patrimonio cultural

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Reconocemos la contribución esencial de nuestra cultura europea común y de nuestros valores compartidos a la superación de la división del Continente. Por lo tanto, subrayamos nuestra adhe- sión a la libertad creadora y a la protección y el fomento de nuestro patrimonio cultural y espiri- tual, con toda su riqueza y diversidad.

Cracovia 1991 (I. Cultura y Libertad)

1. Los Estados participantes hacen hincapié en que el respeto de los derechos humanos y las liber- tades fundamentales es esencial para el pleno desarrollo de la creatividad cultural.

2. El Estado y las autoridades públicas se abstendrán de infringir la libertad de creación artística.

3. Los Estados participantes se comprometerán a promover y proteger el desarrollo libre y sin tra- bas de la creación artística; reconocen el importante papel del artista individual en la sociedad y respetarán y protegerán la integridad de la labor creadora. 3 4. Reconocen la necesidad de que los gobiernos establezcan un equilibrio entre su doble responsa- bilidad de obrar en apoyo de la actividad cultural y asegurar la libertad de la misma.

5. Reconocen Asimismo que, dada la variedad de actividades culturales en los Estados participan- tes, son muchos los medios que los gobiernos podrían elegir para responder de manera eficaz a las preocupaciones relativas al patrimonio cultural.

6. Los Estados participantes recuerdan su respeto de la libertad de expresión y, en conexión con el ejercicio de esa libertad en las esferas artística y cultural, declaran lo siguiente: 6.1 La publicación de obras escritas, la ejecución y difusión de obras musicales, teatrales y audiovi- suales, y la exposición de obras pictóricas o escultóricas no estará sujeta a restricción o injerencia por parte del Estado, excepto cuando tales restricciones estén prescritas por la legislación nacio- nal y se ajusten plenamente a las normas internacionales. 6.2 Expresan su convicción de que la existencia, en las esferas artística y cultural, de una diversi- dad de medios de difusión independientes del Estado, tales como casas editoriales, empresas de difusión de programas de radio, cine y televisión, teatros y galerías de arte, contribuye a garanti- zar el pluralismo y la libertad de la expresión artística y cultural.

7. Los Estados participantes recuerdan sus compromisos de facilitar un acceso sin trabas a la cul- tura y convienen en lo siguiente:

161 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

7.1 Mientras se mantenga el respeto debido a los derechos de propiedad intelectual, cualquier per- sona u organización independiente tiene derecho a poseer privadamente, utilizar y reproducir toda clase de materiales culturales, tales como libros, publicaciones y grabaciones audiovisuales, así como los medios de reproducirlos.

Moscú 1991

(35) Estados participantes reafirman que la garantía de libertad de creación artística y conserva- ción de patrimonio cultural forman parte de la dimensión humana de la CSCE. Consideran que la vida cultural e intelectual independiente es decisiva para el mantenimiento de sociedades libres e instituciones democráticas. Seguirán aplicando sus compromisos en la esfera cultural, tal como se establece en el Documento del Simposio de Cracovia sobre el Patrimonio Cultural (…)

3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

Ver también: II. 4.4: Refugiados, personas desplazadas, retornados y apátridas II. 4.5: Trabajadores Migrantes

Helsinki 1975 (Cooperación en el campo humanitario y en otros campos)

Los Estados participantes,

Considerando que el fomento de los contactos es elemento importante para reforzar las relaciones amistosas y la confianza entre los pueblos, (…)

Se fijan como objetivo facilitar, por separado y colectivamente, a nivel público o privado, movi- mientos y contactos más libres entre personas, instituciones y organizaciones de los Estados par- ticipantes, y contribuir a la solución de los problemas humanitarios que se planteen en esta esfera,

Se declaran, a estos fines, resueltos a tomar las medidas que consideren apropiadas y a concertar entre ellos convenios o acuerdos, según sea necesario, y

Expresan su intención ahora de comenzar a aplicar lo que sigue:

(a) Contactos y encuentros regulares tomando como base los lazos de familia

Con miras a contribuir a un mayor desarrollo de los contactos tomando como base los lazos de familia, los Estados participantes examinarán favorablemente las solicitudes de desplazamiento a fin de permitir que las personas entren o salgan de su territorio con carácter temporal y con regu- laridad, si se desea, para visitar a miembros de sus familias.

Las solicitudes de visitas temporales para encuentros con familiares se examinarán sin discrimi- nación en cuanto al país de origen o de destino; los requisitos existentes para obtener documentos de viaje y visados se aplicarán en este espíritu. La preparación y expedición de dichos documen- tos y visados se efectuará dentro de plazos razonables;

162 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

Se dará prioridad a los casos de necesidad urgente -tales como enfermedad grave o defunción. Ellos adoptarán las medidas que puedan ser necesarias para hacer de modo que las tarifas de los docu- mentos oficiales de viaje y visados sean aceptables.

Confirman que la presentación de una solicitud relativa a los contactos basados en lazos de familia no modificará los derechos y obligaciones del solicitante o de los miembros de su familia.

(b) Reunificación de familias

Los Estados participantes tramitarán en un espíritu positivo y humanitario las solicitudes de per- sonas que deseen reunirse con miembros de su familia, prestando especial atención a las peticio- nes de carácter urgente, tales como las solicitudes presentadas por personas ancianas o enfermas.

Tramitarán las peticiones de este carácter con la mayor rapidez posible. Reducirán, cuando ello sea necesario, los derechos exigidos en relación con estas solicitudes a fin de asegurar que se man- tengan a un nivel moderado.

Las peticiones con miras a la reunificación de familias que no hayan sido concedidas, podrán pre- sentarse de nuevo a nivel competente y serán nuevamente examinadas, en plazos razonablemente breves, por las autoridades, según los casos, de los países de residencia o destino; en circunstan- cias tales, los derechos se cargarán sólo cuando se concedan las peticiones.

A las personas a quienes se haya concedido permiso para reunirse con miembros de su familia se les permitirá que lleven consigo o envíen su mobiliario y efectos personales; para ello, los Esta- dos participantes se servirán de todas las posibilidades que permitan los reglamentos vigentes.

Hasta efectuar la solicitada reunificación, los miembros de una misma familia podrán celebrar encuentros y mantener contactos entre sí de conformidad con las modalidades relativas a los con- tactos sobre base de lazos familiares. 3 Los Estados participantes apoyarán los esfuerzos de las Sociedades de la Cruz Roja y la Media Luna Roja concernientes a los problemas de reunión de miembros de una misma familia.

Confirman que la presentación de una solicitud relativa a la reunificación de familias no modifi- cará los derechos ni las obligaciones del solicitante ni de los miembros de su familia.

El Estado participante que acoge tomará las medidas pertinentes respecto al empleo de personas procedentes de otros Estados participantes que fijen su residencia permanente en dicho país debido a la reunión de miembros de una misma familia con sus ciudadanos y velará por que se les brin- den idénticas oportunidades a las que disfrutan sus propios ciudadanos en materia de educación, asistencia médica y seguridad social.

Los Estados participantes examinarán con ánimo favorable, y basándose en consideraciones huma- nitarias, las solicitudes de permiso de entrada o de salida de las personas que hayan decidido con- traer matrimonio con un ciudadano de otro Estado participante.

La tramitación y concesión de los documentos necesarios para ese fin y para la celebración del matrimonio, se efectuarán de conformidad con las disposiciones aceptadas para la reunificación de familias.

163 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

Cuando se trate de peticiones de cónyuges de diferentes Estados participantes para que, una vez casados, se les permita a ellos y a los hijos menores de su matrimonio trasladar el domicilio al Estado en que uno de los dos cónyuges tiene normalmente su residencia, los Estados participan- tes aplicarán también las disposiciones aceptadas para la reunificación de la familia.

(d) Viajes por razones personales o profesionales

Los Estados participantes tienen la intención de dar a sus ciudadanos, mayores facilidades para viajes motivados por razones personales o profesionales y a este fin, se proponen en particular: • simplificar gradualmente y administrar de manera flexible los procedimientos de salida y entrada; • aligerar las reglamentaciones relativas al movimiento de ciudadanos de los demás Estados par- ticipantes en su territorio, teniendo debida cuenta de los requerimientos de la seguridad.

Se esforzarán en disminuir gradualmente, donde sea necesario, los derechos de visados y de los documentos oficiales de viaje.

Se proponen estudiar, en su caso, los medios -entre ellos, cuando sea procedente, la firma de con- venios consulares bilaterales o multilaterales u otros arreglos pertinentes -a fin de mejorar las dis- posiciones relativas a los servicios consulares, inclusive la asistencia jurídica y consular.

Madrid 1983 (Cooperación en el campo humanitario y en otros campos)

Los Estados participantes tramitarán favorablemente las solicitudes relativas a los contactos y encuentros regulares sobre la base de lazos familiares, a la reunificación de familias y a los matri- monios entre ciudadanos de Estados diferentes, y las resolverán con ese mismo espíritu.

Resolverán sobre estas solicitudes lo antes posible, para casos urgentes de encuentros familia- res, para reunificación de familias y matrimonios entre ciudadanos de Estados diferentes, según la práctica habitual en el plazo de seis meses, y para otros tipos de reuniones familiares en plazos progresivamente más breves.

Confirman que la presentación o renovación de solicitudes en estos casos no modificarán los dere- chos y obligaciones de los solicitantes ni de los miembros de sus familias, relativos en especial al empleo, la vivienda, el estatuto de residencia, las prestaciones familiares y el acceso a los benefi- cios sociales, económicos y educativos, así como cualesquiera otros derechos y obligaciones dima- nantes de las leyes y reglamentos del respectivo Estado participante.

Los Estados participantes proporcionarán la información necesaria sobre los procedimientos a seguir por los solicitantes en estos casos y sobre los reglamentos a observar, además de propor- cionar a petición del solicitante los impresos correspondientes.

Reducirán gradualmente, cuando proceda, los derechos exigidos en relación con estas solicitudes, comprendidos los relativos a visados y pasaportes, con el fin de situarlos en un nivel moderado en relación con el ingreso mensual medio en el respectivo Estado participante.

Se informará a los solicitantes lo antes posible de la decisión tomada. En los casos en que sea nega- tiva, se informará también al solicitante sobre su derecho a presentar solicitudes transcurridos pla- zos razonablemente cortos.

164 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(20) Los Estados participantes respetarán plenamente el derecho de toda persona a • la libertad de movimiento y de residencia dentro de las fronteras de cada Estado, y • salir de cualquier país, incluso del propio, y de regresar a su país.

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(1) Al poner en ejecución las disposiciones sobre contactos entre personas del Acta Final, del Documento de Clausura de Madrid y del presente Documento, [los Estados participantes] respe- tarán plenamente sus obligaciones en virtud del presente Documento dedicado a los principios, en particular con referencia a la libertad que debe tener toda persona para salir de cualquier país, incluso del propio, y regresar a su país, así como sus compromisos internacionales en este campo.

(2) Cuidarán de que sus respectivas políticas respecto a la entrada en sus territorios sean plena- mente congruentes con los fines enunciados en las disposiciones pertinentes del Acta Final, del Documento de Clausura de Madrid y del presente Documento.

(3) Adoptarán las medidas necesarias para encontrar soluciones lo más rápidamente posible, en plazo no superior a los seis meses, respecto de todas las solicitudes, basadas en las disposiciones del Acta Final sobre contactos entre personas y del Documento de Clausura de Madrid, pendien- tes al término de la Reunión de Continuidad de Viena.

(4) Subsiguientemente, efectuarán revisiones periódicas a fin de asegurarse de que todas las soli- citudes basadas en las disposiciones del Acta Final sobre contactos entre personas y de los demás documentos de la CSCE arriba mencionados se tramiten de modo conforme a esas disposiciones.

(5) Decidirán sobre las solicitudes relativas a las reuniones familiares de conformidad con el Acta 3 Final y los demás documentos de la CSCE arriba mencionados, lo más rápidamente posible y nor- malmente dentro del plazo de un mes.

(6) De la misma manera, decidirán sobre las solicitudes relativas a la reunificación de familias o a los matrimonios entre ciudadanos de diferentes Estados, normalmente dentro del plazo de tres meses.

(7) Al tramitar favorablemente las solicitudes relativas a reuniones familiares, tendrán debida- mente en cuenta los deseos del solicitante, particularmente en lo que respecta a las fechas y a la suficiente duración de tales reuniones, así como a la posibilidad de viajar junto con otros miem- bros de su familia en el caso de reuniones familiares conjuntas.

(8) Al tramitar favorablemente las solicitudes relativas a reuniones familiares, permitirán también las visitas a y de parientes más lejanos.

(9) Al tramitar favorablemente las solicitudes relativas a la reunificación de familias o a los matri- monios entre ciudadanos de diferentes Estados, respetarán los deseos de los solicitantes en cuanto al país de destino que esté dispuesto a aceptarlos.

(10) Prestarán especial atención a la solución de problemas referentes a la reunificación de hijos menores de edad con sus padres. En este contexto y sobre la base de las disposiciones pertinen- tes del Acta Final y de los demás documentos de la CSCE arriba mencionados, cuidarán de que

165 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

• las solicitudes que en este sentido se presenten mientras el hijo sea menor de edad se tramiten favorable y diligentemente, a fin de efectuar sin demora la reunificación; y • se adopten disposiciones adecuadas para proteger los intereses y el bienestar de los hijos de que se trate.

(11) Considerarán el alcance posible de una reducción gradual y de una eventual supresión de las exigencias que puedan existir de que los viajeros adquieran moneda local en cantidad superior a los gastos reales, dando prioridad a las personas que viajen para celebrar reuniones familiares. Concederán a esas personas la posibilidad, en la práctica, de introducir o sacar, llevándolos con- sigo, objetos personales o regalos.

(12) Prestarán inmediata atención a las solicitudes relativas a viajes de carácter humanitario urgente y las tramitarán favorablemente conforme a lo siguiente: • decidirán al respecto en plazo no superior a tres días laborables, cuando se trate de solicitudes de visitas a un miembro de la familia gravemente enfermo o en trance de muerte, de viajes para asistir al funeral de un familiar o de viajes de personas cuya necesidad de tratamiento médico urgente haya sido probada o cuya enfermedad en fase crítica o terminal haya sido puesta de manifiesto. • decidirán al respecto lo más rápidamente posible, cuando se trate de solicitudes de viajes de per- sonas gravemente enfermas o de edad avanzada y de otros viajes de carácter humanitario urgente. • Intensificarán los esfuerzos de las autoridades locales, regionales y centrales que intervengan en la aplicación de lo dispuesto más arriba, y cuidarán de que las tasas cobradas para dar prioridad al examen de tales solicitudes no excedan de los gastos en que realmente se incurra con ese motivo.

(13) Al tramitar solicitudes de viaje para reuniones familiares, reunificación de familias o matri- monio entre ciudadanos de diferentes Estados, cuidará de que las acciones u omisiones de miem- bros de la familia del solicitante no afecten adversamente a los derechos del solicitante, tal como se establece en los instrumentos internacionales pertinentes.

(14) Cuidarán de que todos los documentos necesarios para las solicitudes relacionadas con las dis- posiciones sobre contactos entre personas, contenidas en el Acta Final y demás documentos de la CSCE arriba mencionados, sean fácilmente accesibles a los solicitantes. Los documentos conser- varán validez durante todo el procedimiento de solicitud. En casos de renovación de una solici- tud, se tomarán en consideración los documentos ya presentados por el solicitante para anteriores solicitudes

(15) Simplificarán las prácticas y reducirán gradualmente los requisitos administrativos en el caso de las solicitudes relacionadas con las disposiciones sobre contactos entre personas del Acta Final y de los demás documentos de la CSCE arriba mencionados.

(16) En caso de que, por razones especificadas en los instrumentos internacionales pertinentes, se denieguen solicitudes basadas en las disposiciones sobre contactos entre personas del Acta Final y de los demás documentos de la CSCE arriba mencionados, cuidarán de que se dirija pronta- mente al solicitante una notificación oficial por escrito relativa a los motivos en que se base la decisión. Por lo general, y en todos los casos en que el solicitante así lo solicite, se facilitará a éste la información necesaria sobre el procedimiento a seguir para poder utilizar todos los recursos administrativos o judiciales disponibles contra la decisión, según lo previsto en los instrumentos internacionales arriba mencionados. En los casos en que se trate de la salida del país con vistas al asentamiento definitivo en el extranjero, esa información se facilitará como parte de la notifica- ción oficial arriba mencionada.

166 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

(17) En el caso de que se deniegue a una persona una solicitud individual de viaje al extranjero por razones de seguridad nacional, cuidarán de que, dentro de límites de tiempo estrictamente justificados, cualquier restricción al viaje de esa persona sea lo menor posible y no se aplique de manera arbitraria. También velarán por que el solicitante pueda obtener que se reexamine la soli- citud dentro de un plazo de seis meses y, de ser necesario, a intervalos regulares ulteriormente, a fin de que se tengan en cuenta cualesquiera cambios habidos en las circunstancias conducen- tes a la denegación como, por ejemplo, el tiempo transcurrido desde que el solicitante desempeñó trabajos o cometidos en que entraba en juego la seguridad nacional. A toda persona que haya de asumir dichos trabajos o cometidos, deberá primero notificársele oficialmente si ello puede afec- tar, y cómo, a las solicitudes que pudieran presentar para tales viajes.

(18) Dentro del plazo de un año a partir de la conclusión de la Reunión de Continuidad de Viena, publicarán y harán fácilmente accesibles en los casos en que aún no se haya hecho así, todas sus leyes y reglamentos relativos a los desplazamientos de personas en el interior de su territorio y a los viajes entre Estados.

(19) Al tramitar favorablemente las solicitudes basadas en las disposiciones del Acta Final sobre contactos entre personas y de los demás documentos de la CSCE arriba mencionados, cuidarán de que se tramiten a su debido tiempo con el fin, inter alia, de tener debidamente en cuenta con- sideraciones importantes de orden familiar, personal o profesional que tengan gran significación para el solicitante.

(20) Tramitarán favorablemente las solicitudes de viajes al extranjero sin distinción alguna de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacional o social, posición económica, nacimiento, edad o cualquier otra condición. Cuidarán de que cual- quier denegación no afecte a las solicitudes presentadas por otras personas.

(21) Facilitarán en mayor medida los viajes, sobre una base individual o colectiva, por motivos personales o profesionales, o de turismo, tales como los viajes de delegaciones, grupos e indivi- 3 duos. Con este fin, reducirán a un mínimo el tiempo destinado a considerar las solicitudes relati- vas a viajes de esa índole.

(22) Prestarán detallado examen a las propuestas encaminadas a concluir acuerdos sobre la conce- sión de visados de entrada múltiple y la mutua facilitación de las formalidades de tramitación de visados; Asimismo considerarán las posibilidades de abolición recíproca de los visados de entrada sobre la base de acuerdos entre ellos.

(23) Estudiarán su adhesión a los instrumentos multilaterales pertinentes, así como la conclusión, si procede, de acuerdos complementarios u otros acuerdos bilaterales, con el fin de mejorar los arreglos encaminados a asegurar una efectiva ayuda consular, jurídica y médica a los ciudadanos de otros Estados participantes temporalmente presentes en su territorio.

(24) Tomarán todas las medidas necesarias para asegurar, donde aún no se haya hecho así, que los ciudadanos de otros Estados participantes temporalmente presentes en su territorio por razones personales o profesionales, inter alia, con el fin de participar en actividades culturales, científicas y educacionales, gocen de un grado adecuado de seguridad personal. (…)

(31) Asegurarán, en sus territorios, que el estatuto de la personas pertenecientes a minorías nacio- nales o culturas regionales sea igual al de otros ciudadanos en lo que respecta a los contactos entre personas, conforme al Acta Final y a los demás documentos de la CSCE arriba mencionados, y que

167 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

dichas personas puedan establecer y mantener tales contactos mediante viajes y otros medios de comunicación, incluyendo contactos con ciudadanos de otros Estados con los que compartan un origen nacional y un patrimonio cultural comunes.

Copenhague 1990

(9) Estados participantes reafirman que (…) (9.5) – respetarán el derecho de toda persona a salir libremente de cualquier país, incluso del pro- pio y de regresar a su país, de conformidad con las obligaciones internacionales de un Estado y los compromisos de la CSCE. Las limitaciones a este derecho tendrán carácter muy excepcional y sólo serán consideradas necesarias si responden a una necesidad pública determinada, prosiguen un objetivo legítimo y están en consonancia con dicho objetivo y no se aplicarán de manera arbitraria; (…)

(10.4) – permitir a los miembros de esos grupos y organizaciones el libre acceso a organismos similares, dentro y fuera de sus países, y entrar en comunicación con ellos, así como con organi- zaciones internacionales, para iniciar intercambios, contactos y cooperación con dichos grupos y organizaciones, (…)

(19) Estados participantes afirman que la mayor libertad de movimiento y los contactos entre sus ciudadanos son importantes en el contexto de la protección y la promoción de los derechos huma- nos y de las libertades fundamentales. Velarán por que sus políticas relativas a la entrada en sus territorios sean plenamente compatibles con los objetivos enunciados en las disposiciones pertinen- tes del Acta Final, del Documento de Clausura de Madrid y del Documento de Clausura de Viena. Reafirman su determinación de no apartarse de los compromisos enunciados en los documentos de la CSCE, y se comprometen a cumplir plenamente y a mejorar los presentes compromisos en la esfera de los contactos humanos, inclusive sobre una base bilateral y multilateral. En este contexto (19.1) – tratarán de aplicar, de buena fe y sin demoras injustificadas, los procedimientos relativos a la entrada en sus territorios, inclusive la concesión de visados, control de pasaportes y de adua- nas. Cuando proceda, reducirán el tiempo de espera de las decisiones relativas a la concesión de visados, y también simplificarán las prácticas y reducirán los requisitos administrativos relativos a las solicitudes de visado; (19.2) – al tramitar las solicitudes de visados, velarán por que éstas sean tramitadas lo antes posible con objeto, entre otras cosas, de tomar debidamente en cuenta consideraciones importantes fami- liares, personales o profesionales, especialmente en los casos urgentes de carácter humanitario; (19.3) – tratarán de reducir, cuando proceda, los derechos relativos a las solicitudes de visado al nivel más bajo posible.

168 3.1.11 Libertad de movimiento, contacto entre personas y reunificación familiar

París 1990 (Una nueva era de Democracia, Paz y Unidad)

De conformidad con los compromisos que hemos contraído en la CSCE, subrayamos que la libertad de circulación y de contactos entre nuestros ciudadanos, así como la libre circulación de informa- ción e ideas, son esenciales para el mantenimiento y desarrollo de sociedades libres y de culturas florecientes. (…)

Moscú 1991

(33) Estados participantes suprimirán todas las restricciones jurídicas y de otra índole con respecto a los viajes dentro de sus territorios de sus propios nacionales y de los extranjeros y con respecto a la residencia de las personas autorizadas a residir permanentemente, excepto las restricciones que puedan ser necesarias y oficialmente declaradas por causa de intereses militares, de seguridad, eco- lógicos u otros intereses públicos legítimos, de conformidad con sus leyes nacionales, compatibles con los compromisos de la CSCE y obligaciones internacionales en materia de derechos humanos. Los Estados participantes mantendrán al mínimo esas restricciones.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

40. Estimularán a las autoridades administrativas que se ocupen de los ciudadanos de otros Esta- dos para que apliquen plenamente los compromisos de la CSCE con respecto a viajes y se absten- gan de tratos degradantes y otros ultrajes contra la dignidad humana.

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

2. Los Estados participantes en la OSCE reafirman las obligaciones y compromisos que han asu- mido a todos los niveles en lo concerniente a cuestiones fronterizas: 3 2.1 A nivel mundial: los Estados participantes reafirman sus compromisos en materia de gestión y seguridad de fronteras contraídos a tenor del derecho internacional aplicable, particularmente del derecho internacional en materia de derecho humanitario y de derechos humanos y de refugia- dos, al tiempo que estudiarán la posibilidad de dar curso a toda norma y recomendación emanada de la Organización Mundial de Aduanas, de la Organización Internacional para las Migraciones, de la Organización Internacional del Trabajo, de la Oficina del Alto Comisionado de las Naciones Unidas para los Refugiados y de otras organizaciones internacionales pertinentes; (…)

4. Los Estados participantes promoverán la cooperación entre sus servicios fronterizos y autorida- des aduaneras, así como entre sus autoridades encargadas de expedir documentos de viaje y visa- dos, sus servicios de seguridad y vigilancia, y todo órgano competente en materia de migraciones o por algún otro concepto, con miras al logro de los siguientes objetivos: 4.1 Promover la libre circulación transfronteriza de personas, bienes y servicios, e inversiones en condiciones de plena seguridad, de conformidad con la normativa legal interna aplicable, el dere- cho internacional y los compromisos de la OSCE, velando, en particular, por la seguridad de los documentos de viaje y alentando, (…)

3.5 Otorgar a toda persona que solicite transitar por una frontera un trato digno que sea conforme con el marco jurídico interno aplicable, y con toda norma de derecho internacional aplicable,

169 3.1.12 Respeto por la vida privada y familiar

particularmente en materia de derechos humanos o de refugiados y de derecho humanitario, así como con todo compromiso pertinente de la OSCE;

Hamburgo 2016 (Decisión nº 4/16 relativa al fortalecimiento de la buena gobernanza y fomento de la conectividad) (…)

cuando proceda, situaciones que permitan liberalizar el régimen de los visados, conforme al espí- ritu de los compromisos contraídos en el marco de los instrumentos internacionales anterior- mente mencionados; (…)

3.1.12 Respeto por la vida privada y familiar

Ver también: II. 3.1.11: Libertad de movimiento, contacto entre personas y reunificación familiar

Moscú 1991

(24) Los Estados participantes reafirman el derecho a que se garantice la protección de la vida familiar y privada, del domicilio, de la correspondencia y de las comunicaciones electrónicas. Para evitar toda injerencia abusiva o arbitraria del Estado en la esfera personal del individuo, que sería perjudicial para la sociedad democrática, el ejercicio del derecho antes mencionado sólo estará sometido a restricciones si están previstas por la ley y son compatible con las normas en materia de derechos humanos internacionalmente reconocidas. En particular, los Estados participantes asegurarán que los registros y detenciones de personas y los registros y detenciones de personas y los registros de locales y propiedad privada sólo se lleven a cabo de conformidad con normas judicialmente aplicables.

3.1.13 Derecho a la nacionalidad

Ver también: II. 4.4: Refugiados, personas desplazadas, retornados y apátridas

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(55) Reconocen que toda persona tiene derecho a una nacionalidad y que no se privará a nadie arbitrariamente de su nacionalidad;

(56) Subrayan que todos los aspectos de la nacionalidad se regirán por el procedimiento legal. Adoptarán, según proceda, medidas compatibles con su marco constitucional y no incrementa- rán el número de apátridas;

170 3.1.14 Derecho a la propiedad privada e intelectual

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

19. (…) Reafirmamos nuestro reconocimiento de que toda persona goza del derecho a poseer una nacionalidad y de que no podrá privarse arbitrariamente a ninguna persona de su nacionalidad. Nos comprometemos a proseguir con nuestros esfuerzos por garantizar a toda persona el ejerci- cio de este derecho. Nos comprometemos también a promover la protección internacional de las personas apátridas.

3.1.14 Derecho a la propiedad privada e intelectual

Bonn 1990

Los Estados participantes (…) favorecerán el logro o mantenimiento de lo siguiente: (…) • Pleno reconocimiento y protección de todos los tipos de propiedad, incluida la propiedad pri- vada y el derecho de los ciudadanos a poseerla y utilizarla, así como del derecho de propiedad intelectual; • Derecho a una compensación rápida, justa y efectiva en el caso de que la propiedad pase a ser de uso público; (…)

Copenhague 1990

(9) Estados participantes reafirman que (…) (9.6) – cada persona tendrá derecho de gozar en paz de su propiedad, individualmente o en aso- ciación con otras. Nadie podrá ser privado de su propiedad salvo por motivos de interés público y con sujeción a condiciones previstas por la ley que sean compatibles con los compromisos y obli- 3 gaciones internacionales.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que, sin discriminación (…) cada persona tiene derecho a: (…)

poseer propiedad, sola o en asociación, y ejercer actividades empresariales privadas, (…)

3.2 Derechos económicos, sociales y culturales

3.2.1 Disposiciones generales

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios VII-IX)

171 3.2.1 Disposiciones generales

Procurarán también, al desarrollar su cooperación, mejorar el bienestar de los pueblos y contri- buir al logro de sus aspiraciones mediante, entre otros, los beneficios resultantes del mayor conoci- miento mutuo y de los progresos y consecuciones en los terrenos económico, científico, tecnológico, social, cultural y humanitario. Adoptarán medidas para promover condiciones favorables que pongan estos beneficios al alcance de todos; tendrán en cuenta el interés de todos en reducir las diferencias en los niveles de desarrollo económico y, en particular, el interés de los países en desa- rrollo en todo el mundo.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(12) (…) Reconocen que los derechos y libertades civiles, políticos, económicos, sociales, cultura- les y de otra índole son todos ellos de suprema importancia y que su pleno ejercicio ha de asegu- rarse por todos los medios apropiados.

(13) En este contexto (13.1) – desarrollarán sus leyes, reglamentaciones y políticas en los campos de los derechos civiles, políticos, económicos, sociales, culturales y de otros derechos humanos y libertades fundamen- tales y las aplicarán con el fin de garantizar el ejercicio efectivo de dichos derechos y libertades; (13.2) – considerarán su adhesión, si aún no la han realizado, al Pacto Internacional de Derechos Civiles y Políticos, al Pacto Internacional de Derechos Económicos, Sociales y Culturales, al Pro- tocolo Facultativo del Pacto de Derechos Civiles y Políticos y a otros instrumentos internaciona- les pertinentes; (…)

(14) Los Estados participantes reconocen que la promoción de los derechos económicos, sociales y culturales es, así como la de los derechos civiles y políticos, de suprema importancia para la dig- nidad humana y para la consecución de las legítimas aspiraciones de toda persona.

Por consiguiente, proseguirán sus esfuerzos con el fin de conseguir progresivamente el pleno ejer- cicio de los derechos económicos, sociales y culturales por todos los medios adecuados, incluida, en particular, la adopción de medidas legislativas. En este contexto, prestarán especial atención a los problemas planteados en las esferas del empleo, la vivienda, la seguridad social, la sanidad, la educación y la cultura. Promoverán un constante progreso en la realización de todos los derechos y libertades en sus países, así como en el desarrollo de sus relaciones mutuas y con otros Estados, de manera que cada persona pueda gozar real y plenamente de sus derechos económicos, sociales y culturales, además de sus derechos civiles y políticos.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que, sin discriminación (…) cada persona tiene derecho a: (…)

disfrutar de sus derechos económicos, sociales y culturales.

172 3.2.2 Derechos económicos y sociales

3.2.2 Derechos económicos y sociales

A. Disposiciones generales

Bonn 1990

[Los Estados participantes] favorecerán el logro o mantenimiento de lo siguiente: (…) • Políticas que fomenten la justicia social y mejoren las condiciones de vida y de trabajo; (…)

París 1990 (Una nueva era de Democracia, Paz y Unidad)

La libertad económica, la justicia social y la responsabilidad medioambiental son indispensables para la prosperidad.

El libre albedrío del individuo, ejercido en un clima democrático y protegido por el Estado de dere- cho, sienta las bases necesarias para el éxito del desarrollo económico y social. Fomentaremos la actividad económica que respeta y apoya la dignidad humana.

La libertad y el pluralismo político son elementos necesarios en nuestro común objetivo de desa- rrollar economías de mercado para un crecimiento económico sostenible, con prosperidad, justicia social, expansión del empleo, y uso eficaz de los recursos económicos. El éxito que en la transi- ción hacia la economía de mercado alcancen los países que se esfuerzan por lograrlo es importante y nos interesa a todos. Nos permitirá compartir un nivel más alto de prosperidad que es nuestro objetivo común. Cooperaremos a este fin.

Estambul 1999 (Carta sobre la Seguridad Europea: II. Nuestros desafíos comunes) 3 5. Endureceremos nuestra respuesta a dichas amenazas mediante reformas económicas y ambien- tales continuadas, marcos estables y transparentes para la actividad económica, y el fomento de la economía de mercado, prestando al mismo tiempo la debida atención a los derechos sociales y económicos.

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

14. La agravación de las disparidades económicas y sociales, la inexistencia de un Estado de dere- cho, la mala gestión del sector público y del sector empresarial privado, la corrupción, la pobreza generalizada y las elevadas tasas de desempleo son algunos de los factores económicos que cons- tituyen una amenaza para la seguridad y la estabilidad. Estos factores pueden constituir además un semillero de graves amenazas en otras esferas. La deterioración del medio ambiente, la explo- tación insostenible de los recursos naturales, la mala gestión de los desperdicios y la contamina- ción perturban el equilibrio ecológico y dañan gravemente a la salud, al bienestar personal y a la seguridad y estabilidad de los Estados. Todo desastre ecológico puede tener efectos similares. La mala gestión de la problemática ligada a dichos factores tiene un efecto nocivo directo, al tiempo que resta capacidad para generar un desarrollo que sea económica y socialmente sostenible, y para responder eficazmente a los desafíos y amenazas económicas y medioambientales contra la segu- ridad y la estabilidad.

173 3.2.2 Derechos económicos y sociales

Maastricht 2003 (Documento Estratégico de la OSCE para la Dimensión Económica y Medioambiental)

2.2 Fortalecimiento de la buena gestión (…)

Condiciones sociales

2.2.1 La buena gestión pública y el desarrollo sostenible suponen la adopción de políticas y siste- mas que promuevan la cohesión y la solidaridad social. Nos esforzaremos por dar a todos acceso, a un coste razonable, a servicios sociales básicos de salud, de jubilación y de enseñanza y por dar amparo suficiente a los grupos socialmente vulnerables de la población, previniendo toda forma de exclusión social. 2.2.2 Estamos decididos a adoptar medidas para mejorar la situación social, mediante la identi- ficación de los segmentos vulnerables de la sociedad a fin de prestarles ayuda, Proporcionando redes de seguridad apropiadas y eficaces, reforzando los servicios sanitarios, mejorando la oferta de empleo y mediante programas de rehabilitación. (…)

2.3 Velar por un desarrollo sostenible 2.3.3 Respaldamos toda política de los Estados participantes por reducir la pobreza mediante un desarrollo sostenible, así como los programas nacionales de reducción de la pobreza de los paí- ses con economías en transición. Alentaremos a las instituciones y organizaciones internacionales que cuenten con la pericia y los recursos pertinentes a que brinden la asistencia y el asesoramiento necesarios.

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

3.6 Crear condiciones favorables para el desarrollo económico y social de los territorios fronte- rizos, así como para la prosperidad y el desarrollo cultural de las personas pertenecientes a toda comunidad que resida en zonas fronterizas, procurando darles acceso a todas las oportunidades;

B. Derechos de los trabajadores

Ver también: II. 4.5: Trabajadores Migrantes

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

174 3.2.2 Derechos económicos y sociales

Señalan que tales derechos se ejercerán en cumplimiento de la Ley del Estado y de conformidad con las obligaciones del Estado según el derecho internacional. Estimularán cuando proceda, los contactos directos y la comunicación entre dichos sindicatos y sus representantes.

Bonn 1990 (Preámbulo)

(…) los Estados participantes,

Reconociendo la relación entre el pluralismo político y las economías de mercado y estando obli- gados por los principios de: (…) • Actividad económica que, en consecuencia, apoye la dignidad humana y no incluya trabajo for- zoso, discriminación contra los trabajadores por motivos de raza, sexo, lengua, opiniones políti- cas o religión, y negación de los derechos de los trabajadores a establecer libremente sindicatos independientes o afiliarse a ellos,

Favorecerán el logro o mantenimiento de lo siguiente (…)

Copenhague 1990

(9) Estados participantes reafirman que (...) (9.3) – se garantizará el derecho de asociación. Se garantizará el derecho a crear un sindicato y -con sujeción al derecho general de los sindicatos de determinar sus propias condiciones de adhesión- de adherirse libremente al mismo. Estos derechos excluirán todo control previo. Se garantizará la libertad de asociación de los trabajadores, inclusive El derecho de huelga, con sujeción a las limi- taciones prescritas por la ley y que sea compatible con las normas internacionales; 3 Vilnius 2011 (Declaración ministerial sobre la lucha contra todas las formas de trata de seres humanos)

14. Somos conscientes de que, a fin de prevenir eficazmente la trata de seres humanos con fines de explotación laboral, se han de respetar los derechos laborales. Recomendamos que se elaboren y se apliquen medidas para mejorar las prácticas laborales y promover la aplicación efectiva de los derechos laborales internacionalmente reconocidos, mediante Inspecciones de trabajo, supervi- sión de las agencias de empleo privadas y desarrollo de programas para ayudar a los trabajadores a ejercer sus derechos laborales.

15. Alentamos a los Estados participantes a que colaboren con el sector empresarial en la aplica- ción de los principios de debida diligencia y transparencia a la hora de evaluar y combatir los ries- gos de explotación mediante las cadenas de suministro y de asegurar que los trabajadores tienen acceso a mecanismos para reparar y poner remedio a las prácticas abusivas. Alentamos la divul- gación y la aplicación de los Principios Rectores de las Naciones Unidas para las Empresas y los Derechos Humanos, recientemente adoptados. Del mismo modo, alentamos también a los gobier- nos a que estudien la posibilidad de incorporar normas similares, incluidas políticas de “toleran- cia cero”, en las adquisiciones gubernamentales de bienes y servicios.

175 3.2.3 Derechos culturales/patrimonio cultural

Hamburgo 2016 (Decisión nº 4/16 relativa al fortalecimiento de la buena gobernanza y fomento de la conectividad) (…)

Fortalecimiento de la buena gobernanza mediante la adhesión a normas laborales, sociales y medioambientales

15. Alienta a los Estados participantes a que faciliten el comercio y el transporte seguro e impidan al mismo tiempo el tráfico ilícito, de conformidad con las normas pertinentes del derecho interna- cional y los acuerdos en los que son parte los Estados participantes de la OSCE, y a que intensifi- quen sus esfuerzos orientados a superar obstáculos tales como la explotación laboral y los lugares de trabajo insuficientemente reglamentados e inspeccionados;

16. Invita a los Estados participantes a que procuren mejorar su aplicación de las normas labora- les, sociales y medioambientales internacionalmente reconocidas en las Naciones Unidas, la OIT y, si procede, la OCDE;

17. Alienta a los Estados participantes a que, en cooperación con el sector privado, promuevan un consumo sostenible y métodos de producción basados en las normas laborales, sociales y medioam- bientales internacionalmente reconocidas;

3.2.3 Derechos culturales/patrimonio cultural

Ver también: II. 3.1.10 C: Libertad de expresión cultural o artística II. 4.1: Minorías nacionales II. 4.2: Romaníes y sinti II. 5.3.5: Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración Vol. 2: Helsinki 1975 (Cooperación en el campo humanitario y en otros campos > 3. Coopera- ción e intercambios en materia de cultura) Vol. 2: Madrid 1983 (Cooperación en el campo humanitario y en otros campos > Cooperación e intercambios en materia de cultura) Vol. 2: Viena 1989 (Cooperación en el campo humanitario y en otros campos > Cooperación e intercambios en materia de cultura) Vol. 2: Cracovia 1991 (Principales Esferas de Conservación y Cooperación)

Cracovia 1991 (Preámbulo)

[Los Estados participantes] toman nota de la relación existente entre la vida cultural y el bien- estar de sus pueblos, y de la especial importancia que esto tiene para los países democráticos en

176 3.2.3 Derechos culturales/patrimonio cultural

transición hacia una economía de mercado. Alientan el apoyo que ya ha empezado a concederse y la ayuda que se está prestando a esos países para conservar y proteger su patrimonio cultural. (…)

La diversidad cultural regional es una expresión de la riqueza de la identidad cultural común de los Estados participantes. Su conservación y protección contribuye a la edificación de una Europa democrática, pacífica y unida. (…)

II. Cultura y Patrimonio

10. Los Estados participantes expresan su profunda convicción de que el patrimonio de cada uno de ellos constituye una parte inalienable de su civilización, de su memoria y de su historia común que ha de transmitirse a las generaciones futuras.

11. Los Estados participantes toman nota de las definiciones de propiedad arqueológica del patri- monio cultural y del patrimonio arquitectónico que figuran en los documentos internacionales pertinentes del Consejo de Europa y de la UNESCO.

12. La documentación completa y duradera de lugares de interés, estructuras, paisajes culturales, objetos y sistemas culturales, incluidos monumentos históricos religiosos y culturales, tal como existen actualmente, es uno de los legados más importantes que el patrimonio cultural puede ofre- cer a las futuras generaciones.

13. Los Estados participantes reconocen Asimismo como elementos vitales de su patrimonio cul- tural común, el patrimonio de aquellas culturas que, debido a las barreras del idioma, del clima y del alejamiento geográfico, de la reducida población o los avatares de las circunstancias históri- cas y políticas no han sido muy accesibles. 3

14. Los Estados participantes tratarán de proteger el patrimonio cultural de conformidad con los acuerdos internacionales pertinentes y con su legislación nacional.

15. Los Estados participantes prestarán atención a la conservación, incremento y restauración del patrimonio cultural al elaborar políticas culturales, ambientales y regionales y de planificación urbana. Asimismo, toman nota de la importancia de relacionar los proyectos de conservación con su auténtico medio ambiente urbano o rural, cuando convenga y siempre que sea posible.

16. Los Estados participantes reconocen la importancia de hacer accesible de la manera más amplia posible su patrimonio cultural. Al obrar así, prestarán particular atención a las necesidades de las personas físicamente impedidas. 16.1 Tratarán de proteger el patrimonio contra los daños que pueda causarle la gestión y el acceso al mismo por parte del público. 16.2 Fomentarán la toma de conciencia por parte del público del valor del patrimonio y la nece- sidad de protegerlo. 16.3 Tratarán de facilitar, siempre que sea posible, el acceso de los investigadores y eruditos a los documentos y materiales de archivo esenciales pertinentes.

177 3.2.3 Derechos culturales/patrimonio cultural

17. Los Estados participantes toman nota con satisfacción del papel que desempeñan las asocia- ciones no gubernamentales para promover la toma de conciencia del patrimonio cultural y de la necesidad de protegerlo.

18. Las asociaciones entre grupos diversos a niveles local, regional y nacional, tanto en los sectores privado como público, son medios valiosos para garantizar una conservación eficaz y representativa del patrimonio cultural. La conservación e interpretación de los valores y del patrimonio cultural de los diversos grupos se verán incrementadas con la participación de tales grupos, y llevarán a la tolerancia y respeto de las diferentes culturas, lo que es de primordial importancia.

19. Los Estados participantes reconocen la utilidad e importancia del intercambio de información para preservar el patrimonio cultural y reconocen que el empleo de bancos de datos, a nivel nacio- nal y multilateral, puede aportar una útil contribución a esta labor.

Moscú 1991

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

4.6 Crear condiciones favorables para el desarrollo económico y social de los territorios fronte- rizos, así como para la prosperidad y el desarrollo cultural de las personas pertenecientes a toda comunidad que resida en zonas fronterizas, procurando darles acceso a todas las oportunidades;

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

Condenando firmemente la destrucción del patrimonio cultural y de lugares religiosos, entre ellos la destrucción selectiva de lugares declarados Patrimonio Mundial de la UNESCO, por parte de terroristas, combatientes terroristas extranjeros asociados al ISIL (Estado Islámico de Irak y el Levante) y otros grupos terroristas, (…)

178 3.2.4 Derecho a la educación

3.2.4 Derecho a la educación

Ver también: Vol. 2: Helsinki 1975 (Cooperación en el campo humanitario y en otros campos > 4. Coopera- ción e intercambios en materia de educación) Vol. 2: Madrid 1983 (Cooperación en el campo humanitario y en otros campos > Cooperación e intercambios en materia de educación) Vol. 2: Viena 1989 (Cooperación en el campo humanitario y en otros campos > Cooperación e intercambios en materia de educación)

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(63) [Los Estados participantes] garantizarán el acceso de todos a los diversos tipos y niveles de educación, sin discriminación alguna por motivos de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacional o social, posición económica, nacimiento o cualquier otra condición.

Copenhague 1990

En el contexto de la enseñanza de la historia y la cultura en los establecimientos educativos tam- bién tendrán en cuenta la historia y la cultura de las minorías nacionales.

Milán 2018 (Decisión 5/18 relativa al desarrollo del capital humano en la Era Digital) 3 El Consejo Ministerial, (…)

Recordando los compromisos relacionados con el desarrollo del capital humano (…)

(…) y consciente de que la inversión en capital humano y la promoción del conocimiento y las apti- tudes favorecen la participación económica, la integración social y el crecimiento sostenible, que son interdependientes y contribuyen a la prosperidad, la confianza, la estabilidad, la seguridad y la cooperación en el área de la OSCE,

Teniendo en cuenta las nuevas y rápidamente cambiantes consecuencias de la transformación digi- tal, que está favoreciendo el progreso y la prosperidad, pero también la posible aparición de nue- vos o mayores desafíos y amenazas,

Consciente de que los cambios en los mercados laborales causados por la transformación digital pueden ampliar las desigualdades sociales y económicas, y de que es necesario prestar más aten- ción al desarrollo del capital humano, particularmente para las mujeres, los jóvenes y las personas con discapacidad, en especial en sectores económicos que requieren mucha mano de obra y poca cualificación,

Reconociendo que el desarrollo del capital humano, incluso en el contexto digital, mediante su repercusión positiva en una mano de obra instruida y cualificada, en el desarrollo sostenible, y en

179 3.2.4 Derecho a la educación

la creación de riqueza y de puestos de trabajo, puede contribuir positivamente a que las economías y las sociedades sean más resistentes frente a la corrupción,

Decididos a fomentar el aprendizaje permanente y la formación vocacional y profesional a lo largo de toda la vida laboral, como herramientas esenciales para desarrollar el capital humano y reducir la actual brecha digital, particularmente para las mujeres y las niñas, en los ámbitos de la ciencia, la tecnología, la ingeniería y las matemáticas,

Reconociendo que hay oportunidades y retos asociados con los nuevos tipos de empleo generados por la transformación digital de la economía y que, aunque esos cambios en el mercado laboral pueden fomentar el crecimiento económico y la creación de empleo, algunos de los retos pueden repercutir en la estabilidad laboral y social, (…)

Reconociendo, en el contexto de la digitalización de la economía, la necesidad de reforzar la capa- cidad de adaptación de la mano de obra y de adaptar los marcos políticos o regulatorios que rigen el mercado laboral para promover las cuestiones siguientes: la creación de puestos de trabajo con pleno respeto de la dignidad humana y los derechos humanos; el crecimiento económico soste- nible e integrador; y la igualdad de oportunidades para la participación de hombres y mujeres en el mercado laboral,

Reconociendo Asimismo el potencial del desarrollo del capital humano para contribuir a la apli- cación de la Agenda 2030 de las Naciones Unidas para el Desarrollo Sostenible,

1. Alienta a los Estados participantes a que apoyen el desarrollo del capital humano, con el fin de gestionar la transición a economías cada vez más automatizadas y digitalizadas, especialmente mediante asociaciones entre los sectores público y privado y la colaboración entre múltiples inte- resados;

2. Alienta también a los Estados participantes a que promuevan el aprendizaje permanente, empe- zando por la educación temprana y continuando a lo largo de toda la vida laboral, como pilar esen- cial para gestionar esta transición;

3. Exhorta a los Estados participantes a que fomenten el acceso a una enseñanza de calidad y a las oportunidades de capacitación, reciclaje y mejora de la cualificación, con el fin de mejorar la inser- ción laboral, promoviendo el acceso no discriminatorio de las mujeres, los jóvenes y las perso- nas con discapacidad, y prestando especial atención a los que trabajan en sectores que requieren mucha mano de obra;

4. Alienta a los Estados participantes a que, si procede, promuevan la educación, la formación pro- fesional y el reciclaje laboral, en particular para mujeres y niñas, especialmente en los ámbitos de la ciencia, la tecnología, la ingeniería y las matemáticas, como medida esencial para reducir las brechas digitales y progresar en el empoderamiento de la mujer fomentando las oportunidades, especialmente en el ámbito de la economía;

5. Invita a los Estados participantes a que refuercen los marcos políticos e institucionales para faci- litar modelos empresariales innovadores y un clima inversor positivo, a fin de promover la crea- ción de empleo y el crecimiento económico integrador y sostenible;

6. Alienta a los Estados participantes a que involucren al sector privado, a la sociedad civil, a sin- dicatos y asociaciones profesionales, al mundo académico y a otros interesados pertinentes, en las

180 3.2.4 Derecho a la educación

tareas de identificar y resolver las necesidades en materia de desarrollo del capital humano, y de colaborar en el desarrollo y la aplicación de políticas y reglamentos que sean del caso;

7. Exhorta a los Estados participantes a que sigan estudiando las oportunidades y los retos asocia- dos con los nuevos tipos de empleo generados por la transformación digital de la economía, con miras también a garantizar una protección social adecuada;

8. Alienta a los Estados participantes a que redoblen los esfuerzos para luchar contra la corrup- ción en los sectores de la educación y la capacitación, así como a que promuevan el acceso equita- tivo y libre de corrupción a la educación, a los conocimientos informáticos y a las oportunidades de capacitación;

9. Alienta a los Estados participantes a que utilicen a la OSCE para fomentar el intercambio de buenas prácticas y promover las iniciativas de fomento de capacidades, de conformidad con las disposiciones de la presente decisión;

10. Alienta también a los Estados participantes a que incrementen la cooperación para el desarrollo del capital humano, incluso con las organizaciones internacionales pertinentes, en esferas como la facilitación y la ampliación del acceso a las instituciones educativas, de investigación y de capaci- tación, prestando especial atención al fomento de los conocimientos informáticos;

11. Encarga a las estructuras ejecutivas pertinentes de la OSCE, incluidas las operaciones sobre el terreno, que, en el marco de sus mandatos y dentro de los recursos disponibles, ayuden a los Esta- dos participantes que lo soliciten a aplicar las disposiciones de la presente decisión;

12. Alienta a los Socios de la OSCE para la Cooperación a que pongan en práctica, de manera voluntaria, las disposiciones enunciadas en la presente decisión.

181 4. Compromisos relativos a los derechos humanos centrados en grupos específicos 4.1 Minorías nacionales

4.1 Minorías nacionales

Ver también: I. 2.3.4 B: El Alto Comisionado de la OSCE para las Minorías Nacionales II. 4,2: Romaníes y sinti II. 5: Compromisos relativos a la igualdad, tolerancia y no discriminación

4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

Los Estados participantes en cuyo territorio existan minorías nacionales respetarán el derecho de los individuos pertenecientes a tales minorías a la igualdad ante la ley, les proporcionarán la plena oportunidad para el goce real de los derechos humanos y las libertades fundamentales y, de esta manera, protegerán los legítimos intereses de aquéllos en esta esfera.

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

[Los Estados participantes] subrayan Asimismo la importancia de realizar constantes progresos para garantizar el respeto y disfrute efectivo de los derechos de las personas pertenecientes a minorías nacionales, así como para proteger sus legítimos intereses, tal y como se recoge en el Acta Final.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(18) Los Estados participantes realizarán continuados esfuerzos para aplicar las disposiciones del Acta Final y del Documento de Clausura de Madrid relativas a las minorías nacionales. Tomarán todas las medidas legislativas, administrativas, judiciales y de otra índole necesarias y aplicarán los instrumentos internacionales pertinentes de los que sean parte, con el fin de asegurar, den- tro de sus territorios, la protección de los derechos humanos y las libertades fundamentales de las personas pertenecientes a minorías nacionales. Se abstendrán de ejercer discriminaciones contra tales personas y contribuirán a la realización de sus legítimos intereses y aspiraciones en el campo 4 de los derechos humanos y las libertades fundamentales.

Copenhague 1990

(30) Los Estados participantes reconocen que las cuestiones relativas a las minorías nacionales sólo pueden resolverse satisfactoriamente en un marco político democrático basado en el estado de derecho, con un funcionamiento independiente de la justicia. Este marco garantiza el pleno res- peto de los derechos humanos y las libertades fundamentales, derechos y condición jurídica igua- les para todos los ciudadanos, la libre expresión por parte de todos de sus intereses y aspiraciones legítimas, la aplicación de normas legales que fijen limitaciones efectivas contra abusos del poder gubernamental, pluralismo político y tolerancia social. (…)

183 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Reafirman además que, el respeto de los derechos de las personas pertenecientes a minorías nacio- nales como parte de los derechos humanos universalmente reconocidos, es un factor esencial para la paz, la justicia, la estabilidad y la democracia en los Estados participantes.

(31) Las personas pertenecientes a minorías nacionales tienen el derecho a ejercer plena y efectiva- mente sus derechos humanos y libertades fundamentales sin ninguna discriminación y en plena igualdad ante la ley.

Los Estados participantes adoptarán, si procede, medidas especiales con el propósito de asegurar a las personas que pertenecen a minorías nacionales, plena igualdad con los demás ciudadanos en el ejercicio y el disfrute de los derechos humanos y las libertades fundamentales.

(32) El pertenecer a una minoría nacional constituye un asunto de opción individual de toda per- sona y no puede acarrear ninguna desventaja el ejercicio de dicha opción. (…)

Las personas pertenecientes a minorías nacionales pueden ejercer y disfrutar sus derechos indi- vidualmente, así como en comunidad con otros miembros de su grupo. No puede surgir ninguna desventaja para una persona perteneciente a una minoría nacional a causa del ejercicio o no ejer- cicio de alguno de tales derechos. (…)

(35) Los Estados participantes respetarán el derecho de las personas pertenecientes a minorías nacionales a la participación efectiva en los asuntos públicos, incluida la participación en los asun- tos relativos a la protección y promoción de la identidad de tales minorías. (…)

(36) Los Estados participantes reconocen la particular importancia de incrementar la construc- tiva cooperación entre ellos mismos sobre las cuestiones relativas a las minorías nacionales. Tal cooperación, trata De promover el entendimiento y la confianza mutuas, las relaciones amistosas y de buena vecindad, la paz, la seguridad y la justicia internacionales.

Todo Estado participante promoverá un clima de respeto, comprensión, cooperación y solidari- dad mutuos entre todas las personas que viven en su territorio, sin distinción por origen étnico o nacional o por religión, y fomentará la solución de los problemas a través del diálogo basado en los principios del Estado de Derecho.

(37) Ninguna de estas disposiciones podrá interpretarse como que implique ningún derecho a emprender actividades o llevar a cabo cualquier acción en contravención de los propósitos y prin- cipios de la Carta de las Naciones Unidas, otras obligaciones dimanantes del derecho internacional y las disposiciones del Acta Final, incluido el principio de la integridad territorial de los Estados.

(38) Los Estados participantes, en sus esfuerzos para proteger y promover los derechos de perso- nas Pertenecientes a minorías nacionales respetarán plenamente sus compromisos en virtud de las convenciones de derechos humanos existentes y de otros instrumentos internacionales pertinen- tes, y estudiarán su adhesión a las convenciones pertinentes, si todavía no lo han hecho, incluidas las que prevén el derecho de los individuos a formular denuncias.

(39) Los Estados participantes cooperarán estrechamente con las organizaciones internacionales competentes a que pertenezcan, inclusive con las Naciones Unidas y, si procede, con el Consejo

184 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

de Europa, teniendo presente sus trabajos en curso con respecto a cuestiones relativas a minorías nacionales.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

(…) Reconocemos Asimismo que los derechos de las personas pertenecientes a las minorías nacio- nales deben ser plenamente respetados como parte de los derechos humanos universales (…)

Ginebra 1991

II.

Los Estados participantes subrayan la constante importancia de un examen a fondo del cumpli- miento de los compromisos de la CSCE relativos a personas pertenecientes a minorías nacionales.

Insisten en que los derechos humanos y las libertades fundamentales son la base de la protección y fomento de los derechos de personas pertenecientes a minorías nacionales (…)

Las cuestiones relativas a las minorías nacionales, así como el cumplimiento de las obligaciones y los compromisos internacionales relacionados con los derechos de las personas pertenecientes a las mismas, son asuntos de legítima preocupación internacional y por consiguiente no constitu- yen exclusivamente asuntos internos de cada Estado.

Toman nota de que no todas las diferencias étnicas, culturales, lingüísticas o religiosas conducen necesariamente a la creación de minorías nacionales.

III.

(…) los Estados participantes consideran que cuando se trata en sus territorios de problemas rela- tivos a la situación de minorías nacionales, las propias minorías deberán tener la ocasión de par- ticipar efectivamente, con arreglo a los procedimientos de adopción de decisiones de cada Estado.

Reconocen que la promoción del diálogo entre Estados y entre éstos y personas pertenecientes a minorías nacionales tendrá el máximo éxito cuando haya una libre circulación de información y de ideas entre todas las partes. Alientan los esfuerzos unilaterales, bilaterales y multilaterales de los gobiernos con objeto de buscar formas de incrementar la eficacia del cumplimiento de los compromisos de la CSCE referentes a las minorías nacionales.

Los Estados participantes consideran Asimismo que el respecto de los derechos humanos y de las libertades fundamentales ha de concederse de forma no discriminatoria en toda la sociedad. En las zonas habitadas principalmente por personas pertenecientes a una minoría nacional, se pro- tegerán por igual los derechos humanos y las libertades fundamentales de las personas pertene- cientes a tal minoría, los de las personas pertenecientes a la población mayoritaria del Estado en cuestión y los de las personas pertenecientes a otras minorías nacionales residentes en esas zonas. (…)

185 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Permitirán a las autoridades competentes informar a la Oficina pro Elecciones Libres de todas las elecciones públicas previstas en sus territorios, incluidas las celebradas a nivel inferior al nacional. Los Estados participantes acogerán favorablemente, en la medida permitida por la ley, la presencia de observadores en elecciones celebradas a nivel inferior al nacional, incluso en zonas habitadas por minorías nacionales y se esforzarán por facilitar el acceso de los mismos.

IV.

Los Estados participantes crearán las condiciones requeridas para que las personas pertenecien- tes a minorías nacionales tengan las mismas oportunidades de participar efectivamente en la vida pública, la actividad económica y la construcción de la sociedad.

De conformidad con el párrafo 31 del Documento de Copenhague, los Estados participantes adop- tarán las medidas necesarias para impedir la discriminación contra personas, particularmente en lo que hace al empleo, la vivienda y la educación, por el hecho de que pertenezcan o no a una minoría nacional. A este propósito, tomarán medidas, si todavía no lo han hecho, para que pue- dan presentar recursos efectivos los individuos que hayan sufrido un trato discriminatorio por el hecho de pertenecer o no a una minoría nacional, en particular poniendo a la disposición de las personas víctimas de discriminación una amplia serie de recursos administrativos y judiciales. (…)

Los Estados participantes afirman que las personas pertenecientes a una minoría nacional tendrán los mismos derechos y obligaciones de ciudadanía que el resto de la población. (…)

Reconocen que dichas medidas, que toman en cuenta entre otras cosas, las circunstancias históricas y territoriales de las minorías nacionales, son particularmente importantes en regiones en donde las instituciones democráticas están siendo consolidadas y las cuestiones relativas a las minorías nacionales suscitan especial preocupación.

Conscientes de la diversidad y variedad de sistemas constitucionales que existen entre ellos, que hacen que un solo enfoque no sea necesariamente aplicable a todos, los Estados participantes toman nota con interés de que se han obtenido resultados positivos por parte de algunos de ellos de una manera democrática adecuada, mediante, entre otras cosas: (…) • acuerdos bilaterales o multilaterales y otros con respecto a las minorías nacionales; (…) • creación de organismos gubernamentales de investigación para examinar la legislación y difun- dir información relativa a la igualdad de derechos y la no discriminación; (…) • ayuda gubernamental para hacer frente a las dificultades locales relativas a las prácticas discri- minatorias (por ejemplo, un servicio de relaciones entre ciudadanos); • fomento de las relaciones comunitarias al nivel más sencillo entre comunidades minoritarias, entre comunidades mayoritarias y minoritarias, y entre comunidades vecinas que compartan fronteras encaminadas a contribuir a evitar que surjan tensiones locales y hacer frente pacífica- mente a los conflictos que puedan presentarse; y • fomento del establecimiento de comisiones mixtas permanentes, a nivel interestatal o regional, para facilitar un diálogo continuo entre las regiones fronterizas de que se trate.

186 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Los Estados participantes estiman que éstos u otros enfoques, individualmente o combinados, pue- den contribuir a mejorar la situación de las minorías nacionales en sus territorios.

Los Estados participantes respetarán el derecho de las personas pertenecientes a minorías nacio- nales a ejercer y disfrutar sus derechos individualmente o en comunidad con otros, a establecer y mantener organizaciones y asociaciones dentro de su territorio, y a participar en organizaciones internacionales no gubernamentales (…)

VI.

En este contexto, reafirman su reconocimiento de los particulares problemas que presenta el grupo romaní (gitanos). Están dispuestos a adoptar medidas eficaces para lograr una plena igualdad de oportunidades entre las personas pertenecientes al grupo romaní normalmente residentes en un Estado y el resto de la población que en él reside. Asimismo, fomentarán la investigación y los estu- dios relativos al grupo romaní y a los particulares problemas con que se enfrenta. Tomarán medi- das efectivas para fomentar la tolerancia, la comprensión, la igualdad de oportunidades y buenas relaciones entre personas de diferentes orígenes dentro de su país. (…)

Moscú 1991

(37) Los Estados participantes confirman las disposiciones y compromisos que figuran en todos los documentos de la CSCE, en particular en el Documento de la Reunión de Copenhague de la Conferencia sobre la Dimensión Humana de la CSCE, respecto de las cuestiones relacionadas con las minorías nacionales y los derechos de las personas a ellas pertenecientes, y en el Informe de la reunión de Ginebra de Expertos sobre Minorías Nacionales de la CSCE, e instan a su plena y rápida aplicación. Están convencidos de que, en particular, la utilización de los nuevos y ampliados meca- nismos y procedimientos de la CSCE contribuirá a favorecer la protección y fomento de los dere- chos de las personas pertenecientes a las minorías nacionales. 4

Helsinki 1992 (Decisiones: II. Alto Comisionado de la CSCE para las Minorías Nacionales)

(1) Los Estados participantes deciden crear un Alto Comisionado para las Minorías Nacionales (…)

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(23) Reafirman en los términos más enérgicos su determinación de cumplir de un modo pronto y fiel todos sus compromisos de la CSCE (…) por lo que se refiere a las cuestiones relativas a las minorías nacionales y a los derechos de las personas pertenecientes a éstas;

(24) En este contexto, intensificarán sus esfuerzos para garantizar a las personas pertenecientes a minorías nacionales, individualmente o en comunidad con otras, el libre ejercicio de sus derechos

187 4.1.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

humanos y libertades fundamentales, entre ellos el de participar plenamente, de conformidad con los procedimientos democráticos de adopción de decisiones de cada Estado, en la vida política, económica, social y cultural de sus países, (…)

(25) Seguirán estudiando, mediante actividades unilaterales, bilaterales y multilaterales, otras for- mas de cumplir con más eficacia sus compromisos pertinentes de la CSCE, incluso los relativos a la protección y creación de condiciones para promover la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales;

(26) Se ocuparán de las cuestiones de las minorías nacionales de una manera constructiva, por medios pacíficos y a través del diálogo de todas las partes interesadas sobre la base de los princi- pios y compromisos de la CSCE;

(27) Se abstendrán de reasentar y condenarán todo intento de reasentar a personas por medio de la amenaza o el uso de la fuerza con el fin de cambiar la composición étnica de zonas de sus terri- torios; (…)

Budapest 1994 (Decisiones: VIII. La dimensión humana)

21. Los Estados participantes reafirman su constante determinación de fomentar la aplicación de las disposiciones del Acta Final y todos los demás documentos de la CSCE relativos a la protec- ción de los derechos de las personas pertenecientes a minorías nacionales. Elogian la labor del ACMN en este campo.

22. Los Estados participantes acogen complacidos los esfuerzos internacionales destinados a mejo- rar la protección de los derechos de las personas pertenecientes a minorías nacionales. En este contexto toman nota de la adopción, en el Consejo de Europa, de una Convención Marco sobre la Protección de las Minorías Nacionales, que se basa en las normas de la CSCE. Subrayaron que la Convención está abierta -por invitación- a la firma de los Estados que no son miembros del Con- sejo de Europa y que podrían examinar la posibilidad de pasar a ser partes en dicha Convención.

Lisboa 1996 (Declaración de Lisboa sobre un modelo común y global de seguridad para Europa en el siglo XXI) (10) (…)

Como importante contribución a la seguridad, reafirmamos nuestra determinación de respetar y cumplir plenamente todos nuestros compromisos relacionados con los derechos de las personas que pertenecen a minorías nacionales. Reafirmamos nuestra voluntad de cooperar plenamente con el Alto Comisionado para las Minorías Nacionales. Estamos dispuestos a responder a cualquier petición de cualquier Estado participante que busque solución para las cuestiones de las mino- rías en su territorio.

Estambul 1999 (Declaración de la Cumbre)

30. Reafirmamos nuestro propósito de velar por que las leyes y las políticas de los países prevean el pleno respeto de los derechos de las personas pertenecientes a minorías nacionales (…) Respal- damos Asimismo la promulgación y la plena aplicación de leyes pormenorizadas contra la discri- minación, con el fin de promover la plena igualdad de oportunidades para todos. (...) Reafirmamos nuestro propósito de redoblar nuestros esfuerzos por dar curso a las recomendaciones que pueda hacer el Alto Comisionado para las Minorías Nacionales.

188 4.1.2 Participación efectiva en las vidas pública y política

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

La protección y la promoción de los derechos de las personas pertenecientes a minorías nacionales constituyen factores esenciales para la democracia, la paz, la justicia y la estabilidad en el interior de los Estados participantes y entre estos Estados (…) El pleno respeto de los derechos humanos, incluidos los derechos de las personas pertenecientes a minorías nacionales, además de constituir una finalidad en sí, lejos de debilitar, puede fortalecer la integridad y soberanía territorial de los Estados. (...) Condenamos la violencia contra cualquier minoría. Nos comprometemos a tomar medidas para promover la tolerancia y edificar sociedades pluralistas en las que toda persona, cual- quiera que sea su origen étnico, goce de una plena igualdad de oportunidades. (…)

4.1.2 Participación efectiva en las vidas pública y política

Copenhague 1990

Los Estados participantes toman nota de los esfuerzos emprendidos para proteger y crear condi- ciones para la promoción de la identidad étnica, cultural, lingüística y religiosa de algunas mino- rías nacionales, mediante el establecimiento, como uno de los medios posibles de lograr dichos objetivos, de administraciones apropiadas locales o autónomas, que correspondan a las circuns- tancias específicas, históricas y territoriales de dichas minorías y sean conformes a las políticas del Estado de que se trate.

Ginebra 1991

III.

Respetando el derecho de personas pertenecientes a minorías nacionales de participar de manera efectiva en los asuntos públicos, los Estados participantes consideran que cuando se trata en sus territorios de problemas relativos a la situación de minorías nacionales, las propias minorías debe- rán tener la ocasión de participar efectivamente, con arreglo a los procedimientos de adopción 4 de decisiones de cada Estado. Consideran también que la apropiada participación democrática de personas pertenecientes a minorías nacionales o de sus representantes en órganos facultados para adoptar decisiones o de carácter consultivo constituye un importante elemento de una verdadera participación en los asuntos públicos.

Consideran que han de hacerse particulares esfuerzos para resolver los problemas concretos de un modo constructivo y gracias al diálogo mediante negociaciones y consultas encaminadas a mejo- rar la situación de las personas pertenecientes a minorías nacionales. Reconocen que la promoción del diálogo entre Estados y entre éstos y personas pertenecientes a minorías nacionales tendrá el máximo éxito cuando haya una libre circulación de información y de ideas entre todas las partes. (…)

189 4.1.2 Participación efectiva en las vidas pública y política

IV.

Los Estados participantes estiman que éstos u otros enfoques, individualmente o combinados, pue- den contribuir a mejorar la situación de las minorías nacionales en sus territorios.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes (…)

(24) En este contexto, intensificarán sus esfuerzos para garantizar a las personas pertenecientes a minorías nacionales, individualmente o en comunidad con otras, el libre ejercicio de sus dere- chos humanos y libertades fundamentales, entre ellos el de participar plenamente, de conformi- dad con los procedimientos democráticos de adopción de decisiones de cada Estado, en la vida política, económica, social y cultural de sus países, con inclusión de la participación democrática en los órganos decisorios y consultivos en los niveles nacional, regional y local, entre otras formas por medio de partidos políticos y asociaciones;

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

190 4.1.3 Identidad cultural, lingüística y religiosa y educación

4.1.3 Identidad cultural, lingüística y religiosa y educación

Helsinki 1975 (Cooperación en el campo humanitario y en otros campos)

(…) Los Estados participantes, reconociendo la contribución que las minorías nacionales o las cul- turas regionales pueden aportar a la cooperación entre ellos en diversos campos de la educación, se proponen facilitar esta contribución cuando en sus territorios existan tales minorías o culturas, teniendo en cuenta los legítimos intereses de sus miembros.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(19) [Los Estados participantes] protegerán la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales en su territorio y crearán condiciones para la promoción de tal identidad. (…)

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(45) [Los Estados participantes] asegurarán en la práctica que las personas, que pertenezcan a mino- rías nacionales o culturas regionales, residentes en sus territorios, puedan tener acceso a informa- ción en su lengua materna, y difundir e intercambiar esa información. (…)

(59) [Los Estados participantes] velarán por que las personas pertenecientes a minorías nacionales o culturas regionales existentes en su territorio puedan mantener y desarrollar su propia cultura en todos sus aspectos, incluidos el idioma, la literatura, la religión y la preservación de monumen- tos y objetos culturales e históricos. (…)

(68) [Los Estados participantes] garantizarán que las personas pertenecientes a minorías nacio- nales o culturas regionales existentes en su territorio puedan impartir o recibir instrucción sobre su propia cultura, inclusive por medio de la transmisión de padres a hijos del idioma, la religión y la identidad cultural. 4 Copenhague 1990

(32) (…) Las personas pertenecientes a minorías nacionales tienen el derecho de expresar, preser- var y desarrollar libremente su identidad étnica, cultural, lingüística o religiosa y de mantener y desarrollar su cultura en todos sus aspectos, libres de cualquier tentativa de asimilación contra su voluntad. En particular, tienen el derecho de (32.1) – utilizar libremente su lengua materna tanto en privado como en; (32.2) – establecer y mantener sus propias instituciones, organizaciones o asociaciones educativas, culturales y religiosas que puedan solicitar contribuciones financieras voluntarias y de otro tipo, así como asistencia pública, de conformidad con la legislación nacional; (…) (32.3) – profesar y practicar su religión, incluida la adquisición, posesión y utilización de materia- les religiosos, y de llevar a cabo actividades educativas religiosas en su lengua materna;

191 4.1.3 Identidad cultural, lingüística y religiosa y educación

(…)

Todas esas medidas serán compatibles con los Principios de igualdad y no discriminación con res- pecto a los demás ciudadanos del Estado participante de que se trate.

(34) Los Estados participantes harán lo posible para garantizar que las personas pertenecientes a minorías nacionales, a pesar de la necesidad de aprender el idioma o idiomas oficiales del Estado de que se trate, tengan oportunidades adecuadas de recibir instrucción en su lengua materna, así como de poder aprenderla y, siempre que sea posible y necesario, utilizarla ante las autoridades públicas, de conformidad con la legislación nacional.

En el contexto de la enseñanza de la historia y la cultura en los establecimientos educativos tam- bién tendrán en cuenta la historia y la cultura de las minorías nacionales.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Afirmamos que la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales será protegida y que las personas pertenecientes a minorías nacionales tienen el derecho de expre- sar, preservar y desarrollar libremente esa identidad sin discriminación alguna y en plena igual- dad ante la ley. (…)

Decididos a promover la valiosa aportación de las minorías nacionales a la vida de nuestras socie- dades, nos comprometemos a mejorar más su situación. Reafirmamos nuestra profunda convicción de que las relaciones amistosas entre nuestros pueblos, así como la paz, la justicia, la estabilidad y la democracia, exigen que la identidad étnica, cultural, lingüística y religiosa de las minorías nacio- nales sea protegida, y que se creen las condiciones para promover esa identidad. (…)

Ginebra 1991 (IV)

Los Estados participantes están convencidos de que la conservación de los valores y del patrimo- nio cultural de las minorías nacionales requiere la participación de personas pertenecientes a esas minorías y de que a este respecto tienen una importancia fundamental la tolerancia y el respeto

192 4.1.3 Identidad cultural, lingüística y religiosa y educación

de diferentes culturas. En consecuencia, confirman la importancia de abstenerse de entorpecer la producción de materiales culturales concernientes a minorías nacionales, incluso por personas pertenecientes a tales minorías.

Conscientes de la diversidad y variedad de sistemas constitucionales que existen entre ellos, que hacen que un solo enfoque no sea necesariamente aplicable a todos, los Estados participantes toman nota con interés de que se han obtenido resultados positivos por parte de algunos de ellos de una manera democrática adecuada, mediante, entre otras cosas: • organismos asesores y de toma de decisiones en los que las minorías están representadas, en particular en lo que respecta a la educación, la cultura y la religión; (…) • gestión autónoma por una minoría nacional de los aspectos relativos a su identidad en las situa- ciones en que no se aplica la autonomía sobre una base territorial; (…) • para las personas pertenecientes a las minorías nacionales, provisión de tipos y niveles adecua- dos de educación en su idioma materno con la debida consideración del número, características del asentamiento geográfico y tradiciones culturales de las minorías nacionales; • sufragando la enseñanza de los idiomas de las minorías al público en general, así como la inclu- sión de idiomas de minorías en las instituciones de formación de maestros, en particular en regiones habitadas por personas pertenecientes a minorías nacionales; • en aquellos casos en que la enseñanza de una disciplina determinada no se facilite en su territorio a todos los niveles en el idioma de la minoría, tomar las medidas necesarias para buscar los medios de reconocer los diplomas otorgados en el extranjero para los estudios realizados en ese idioma; (…) • prestación de ayuda financiera y técnica a personas pertenecientes a minorías nacionales que deseen ejercer su derecho a establecer y mantener sus propias instituciones, organizaciones y aso- ciaciones educativas, culturales y religiosas; (…)

Los Estados participantes estiman que éstos u otros enfoques, individualmente o combinados, pue- den contribuir a mejorar la situación de las minorías nacionales en sus territorios. 4

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes (…)

Estambul 1999 (Declaración de la Cumbre)

193 4.1.4 Contacto entre personas, libertad de los medios de comunicación y de la información

la obligación de que las leyes y políticas relativas a los derechos educativos, lingüísticos y de parti- cipación social de las personas pertenecientes a minorías nacionales sean conformes a lo estatuido en las normas y convenciones internacionales que sean aplicables. (…)

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

19. (…) Existen diversos conceptos de autonomía, así como otras soluciones descritas en los docu- mentos anteriormente mencionados, que son conformes a los principios de la OSCE y constituyen formas de preservar y promover la identidad étnica, cultural, lingüística y religiosa de las mino- rías nacionales en el seno de un Estado existente. (…)

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial,

10. Vela por la aplicación de los compromisos de la OSCE en materia de minorías nacionales, y reco- noce la importancia de las recomendaciones del Alto Comisionado para las Minorías Nacionales en lo relativo a la educación y (…) en lo relativo al empleo de su idioma, dándoles además acceso a los medios de radiodifusión, así como la importancia de toda recomendación a dicho respecto del Representante para la Libertad de los Medios de Comunicación;

4.1.4 Contacto entre personas, libertad de los medios de comunicación y de la información

Viena 1989 (Cooperación en el campo humanitario y en otros campos)

(31) [Los Estados participantes] asegurarán, en sus territorios, que el estatuto de la personas per- tenecientes a minorías nacionales o culturas regionales sea igual al de otros ciudadanos en lo que respecta a los contactos entre personas, conforme al Acta Final y a los demás documentos de la CSCE arriba mencionados, y que dichas personas puedan establecer y mantener tales contactos mediante viajes y otros medios de comunicación, incluyendo contactos con ciudadanos de otros Estados con los que compartan un origen nacional y un patrimonio cultural comunes. (…)

Copenhague 1990

(32) (...) Las personas pertenecientes a una minoría nacional (...) tienen derecho a (...) (32.4) – establecer y mantener contactos sin obstáculos entre ellos mismos dentro de su país, así como contactos a través de fronteras con ciudadanos de otros Estados con quienes comparten un origen nacional o un patrimonio cultural o creencias religiosas comunes; (…)

194 4.1.4 Contacto entre personas, libertad de los medios de comunicación y de la información

Ginebra 1991

IV.

Los Estados participantes estiman que éstos u otros enfoques, individualmente o combinados, pue- den contribuir a mejorar la situación de las minorías nacionales en sus territorios. (…)

VII.

Convencidos de que la protección de las personas pertenecientes a minorías nacionales necesita una libre circulación de información e intercambio de ideas, los Estados participantes subrayan la importancia de la comunicación entre personas pertenecientes a minorías nacionales sin interfe- rencia de las autoridades públicas y sin consideración de fronteras. El ejercicio de tales derechos sólo estará sujeto a las restricciones prescritas por la ley que se conformen a las normas internacio- nales. Reafirman que ningún miembro de una minoría nacional, por el solo hecho de pertenecer a dicha minoría, será objeto de sanciones penales o administrativas por haber mantenido contac- tos dentro o fuera de su propio país.

Por lo que respecta al acceso a los grandes medios de comunicación, no harán discriminación alguna basada en motivos étnicos, culturales, lingüísticos o religiosos. Harán asequible informa- 4 ción que ayude a los grandes medios electrónicos de comunicación a tomar en cuenta en sus pro- gramas, la identidad étnica, cultural, lingüística y religiosa de las minorías nacionales.

Reafirman que el establecimiento y mantenimiento de contactos sin trabas entre personas perte- necientes a una minoría nacional, así como contactos a través de las fronteras con personas per- tenecientes a una minoría nacional con quien comparten un origen étnico o nacional, patrimonio cultural o creencia religiosa comunes, contribuye al entendimiento mutuo y fomenta las relacio- nes de buena vecindad.

Por consiguiente, fomentan los acuerdos de cooperación transfronteriza a nivel nacional, regional y local, entre otras cosas sobre los cruces de fronteras locales, la conservación de los monumentos y lugares culturales e históricos y las visitas a los mismos, el turismo, el mejoramiento del tráfico, la economía, el intercambio de jóvenes, la protección del medio ambiente y el establecimiento de comisiones regionales.

195 4.1.5 Papel de las organizaciones y asociaciones

Asimismo, fomentarán la creación de acuerdos oficiosos de trabajo (por ejemplo, talleres, comités dentro de los Estados participantes y entre ellos) en zonas donde vivan minorías nacionales, para discutir las cuestiones relativas al intercambio de experiencias y presentación de propuestas sobre cuestiones relacionadas con las minorías nacionales.

Con miras a mejorar su información sobre la verdadera situación de las minorías nacionales, los Estados participantes distribuirán, sobre una base voluntaria, por conducto de la Secretaría de la CSCE, información a otros Estados participantes sobre la situación de las minorías nacionales en sus respectivos territorios, así como declaraciones de política nacional a este respecto.

Los Estados participantes depositarán en la Secretaría de la CSCE copias de las contribuciones presentadas en las sesiones plenarias de la Reunión de Expertos sobre Minorías Nacionales de la CSCE que deseen dar a conocer al público.

4.1.5 Papel de las organizaciones y asociaciones

Copenhague 1990

(30) (…) [Los Estados participantes] reconocen Asimismo el importante papel de las organiza- ciones no gubernamentales, incluidos partidos políticos, sindicatos, organizaciones de derechos humanos, y grupos religiosos, en la promoción de la tolerancia, la diversidad cultural, y la solu- ción de cuestiones relativas a minorías nacionales. (…)

Las personas pertenecientes a una minoría nacional (...) tienen derecho a

(32.2) – establecer y mantener sus propias instituciones, organizaciones o asociaciones educativas, culturales y religiosas que puedan solicitar contribuciones financieras voluntarias y de otro tipo, así como asistencia pública, de conformidad con la legislación nacional; (…) (32.6) – establecer y mantener organizaciones o asociaciones dentro de su país y participar en orga- nizaciones internacionales no gubernamentales.

Ginebra 1991

IV.

196 4.1.6 Protección frente a los delitos de odio

Los Estados participantes estiman que éstos u otros enfoques (…) pueden contribuir a mejorar la situación de las minorías nacionales en sus territorios.

Los Estados participantes reafirman que no impedirán el ejercicio del derecho de las personas per- tenecientes a minorías nacionales a establecer y mantener sus propias instituciones, organizacio- nes y asociaciones educativas, culturales y religiosas.

A este respecto, reconocen el importante y esencial papel que las personas, organizaciones no gubernamentales, religiosas y otros grupos pueden desempeñar para fomentar el entendimiento intercultural y mejorar las relaciones a todos los niveles de la sociedad, así como a través de las fronteras internacionales.

Estiman que observaciones y experiencias de primera mano de esas organizaciones, grupos y per- sonas pueden ser de gran valor para fomentar el cumplimiento de los compromisos de la CSCE relativos a las personas pertenecientes a minorías nacionales. Por consiguiente, alentarán la labor de esas organizaciones, grupos y personas, y acogerán con agrado sus contribuciones en este campo y no pondrán obstáculos a la misma.

4.1.6 Protección frente a los delitos de odio

Ginebra 1991

Los Estados participantes, preocupados por la proliferación de actos de odio racial, étnico y reli- gioso, antisemitismo, xenofobia y discriminación subrayan su determinación de condenar, sobre una base continua, dichos actos contra cualquiera. En este contexto, reafirman su reconocimiento de los particulares problemas que presenta el grupo romaní (gitanos). (…) 4 Por otra parte, los Estados participantes tomarán medidas efectivas, incluida la adopción, de con- formidad con sus leyes constitucionales y sus obligaciones internacionales, si aún no lo han hecho así, de leyes que prohíban actos que constituyan incitación a la violencia basada en la discrimi- nación nacional, racial, étnica o religiosa, la hostilidad o el odio, incluido el antisemitismo, y las políticas necesarias para aplicar dichas leyes.

Además, con el fin de incrementar la toma de consciencia del público sobre los prejuicios y el odio y mejorar la aplicación de las leyes contra los delitos relacionados con el odio y, de otro modo, aumentar los esfuerzos encaminados a hacer frente al prejuicio y al odio en sociedad, harán esfuer- zos para recopilar, publicar sobre una base regular, y poner a la disposición del público datos sobre los delitos cometidos en sus respectivos territorios basados en prejuicios así como en la raza, la identidad étnica o la religión, con inclusión de las directrices utilizadas para la recopilación de dichos datos. Esos datos no deberían incluir información personal alguna.

Consultarán e intercambiarán puntos de vista e información a nivel internacional, incluso en futu- ras reuniones de la CSCE, sobre delitos que evidencien prejuicio y odio.

197 4.2 Romaníes y sinti

4.2 Romaníes y sinti

Ver también: I. 2.3.4 A: La Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH) I. 2.3.4 A. III: Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti II. 5: Compromisos relativos a la igualdad, tolerancia y no discriminación

4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Ginebra 1991 (VI)

[Los Estados participantes] están dispuestos a adoptar medidas eficaces para lograr una plena igualdad de oportunidades entre las personas pertenecientes al grupo romaní normalmente resi- dentes en un Estado y el resto de la población que en él reside. Asimismo, fomentarán la investi- gación y los estudios relativos al grupo romaní y a los particulares problemas con que se enfrenta.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

23. Los Estados participantes deciden designar en la OIDDH un punto de contacto para las cues- tiones de romaníes y sinti (gitanos). (…)

Estambul 1999 (Declaración de la Cumbre)

31. (…) Nos comprometemos a velar por que la legislación y las políticas prevean el pleno respeto de los derechos de esas personas y, caso de ser necesario, a promover las leyes que proceda con- tra la discriminación (…)

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

20. Reconocemos las dificultades peculiares con las que tropiezan las etnias romaní y sinti, así como la necesidad de tomar medidas eficaces para dotar a las personas pertenecientes a dichas etnias de la plena igualdad de oportunidades, en consonancia con los compromisos de la OSCE. Redoblaremos nuestros esfuerzos para velar por que los romaníes y sinti estén en condiciones de participar plena y equitativamente en nuestras sociedades, y para erradicar la discriminación contra dichas etnias.

Maastricht 2003 (Decisión nº 3/03 relativa al Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

El Consejo Ministerial, (…)

Consciente de las dificultades especiales que ha de afrontar la población romaní y sinti y de la necesidad de tomar medidas eficaces que eliminen toda discriminación contra ella y pongan a su alcance la igualdad de oportunidades, conforme a los compromisos contraídos en la OSCE,

198 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Reconociendo lo ya conseguido en el derecho interno y en los programas de acción de muchos paí- ses, y la importante labor ya efectuada por los Estados participantes con dicho fin,

Consciente, al mismo tiempo, de que se necesita aún una actuación firme y decidida para mejorar la situación de la población romaní y sinti en toda la región de la OSCE, (…)

Convencido de que la población romaní y sinti debe asumir en creciente medida su responsabili- dad respecto de toda política que se ocupe de su destino,

Decide hacer suyo el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, aprobado por el Consejo Permanente en su Decisión n° 566 de 27 de noviembre de 2003, adjunto a la presente Decisión.

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

II. Marco general: para los romaníes y con los romaníes

4. Toda política nacional o toda estrategia orientada a su aplicación debe: 1) responder a los autén- ticos problemas, necesidades y prioridades de la comunidad romaní y sinti; 2) dar un enfoque glo- bal; 3) ofrecer una visión equilibrada y viable a largo plazo que conjugue los objetivos en materia de derechos humanos con la política social; y 4) alentar a los romaníes a asumir la plena respon- sabilidad de las políticas que les afectan. (...) Las estrategias de aplicación también deben incluir mecanismos para garantizar que las políticas nacionales se aplican a nivel local.

5. El principio rector de la labor de cada Estado participante y de las instituciones pertinentes de la OSCE debe ser que toda política y toda estrategia para su cumplimiento deberá ser preparada y aplicada con la participación activa de las comunidades romaníes y sinti. Los representantes de dicha población deben trabajar conjuntamente con las autoridades a nivel local, nacional e inter- nacional en la preparación de dichas políticas y estrategias. Por ello mismo, dichas comunidades deberán ser socios, en pie de igualdad, y compartir la responsabilidad de mejorar su bienestar social.

6. Al preparar y aplicar toda política o programa en este campo se ha de tener en cuenta la situa- 4 ción particular de la mujer romaní y sinti. En los casos en que ya existan mecanismos de consulta y de otro tipo para fomentar la participación de la población romaní y sinti en tales procesos deci- sorios, es preciso que las mujeres puedan participar en pie de igualdad con los varones. Las cuestio- nes propias de la mujer romaní deben ser integradas sistemáticamente en toda política pertinente destinada a la población en su conjunto.

III. Lucha contra el racismo y la discriminación

Normas legales y su estricta observancia Medidas recomendadas para su adopción por los Esta- dos participantes: (…)

199 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

y sociales. Integrar a representantes de la población romaní y sinti en los procesos de preparación, aplicación y evaluación de dichas normas.

9. La normativa legal contra la discriminación debe prever: • La prohibición de todo acto de discriminación racial, ya sea directa o indirecta; • La imposición de sanciones eficaces, proporcionales y de índole disuasora contra todo acto o práctica discriminatoria; (…) • La igualdad de acceso a medidas reparadoras eficaces (por la vía judicial o administrativa, o recurriendo a la conciliación o la mediación).

10. Se ha de velar por que el derecho interno prohíba todo tipo de actos de discriminación, y por que todo caso de presunta discriminación sea investigado imparcial y exhaustivamente.

11. Se han de crear, si procede, instituciones especializadas para velar por que se aplique dicha nor- mativa legal, así como mecanismos internos de vigilancia que informen con regularidad y transpa- rencia acerca de los avances conseguidos en su aplicación. Debe alentarse la participación en dichos órganos de representantes romaníes y sinti, poniéndose además sus informes al alcance del público.

12. Preparar, si es necesario, planes de acción o estrategias nacionales de carácter global para mejo- rar la situación de la población romaní y sinti, en donde se prevean medidas específicas para luchar contra la discriminación en todos los campos.

13. Evaluar periódicamente, especialmente a nivel local, los resultados de dichas estrategias, y fomen- tar la participación de la comunidad romaní y sinti en el proceso de su evaluación. (…) 15. Documentar, conforme a las normas nacionales e internacionales relativas a la protección de datos, todos los tipos y todo caso pertinente de discriminación, a fin de evaluar la situación y res- ponder mejor a las necesidades de la población romaní y sinti. (…)

17. Privar a los culpables, de tales actos de discriminación o de violencia, de toda inmunidad, velando por la rápida adopción, por parte de la policía, de medidas eficaces de investigación y sanción.

18. Facilitar el acceso de la población romaní y sinti a la justicia, ofreciéndoles vías de acceso a la asistencia letrada y servicios información en el idioma romaní.

19. Tener en cuenta, en toda medida o programa, la situación de la mujer romaní y sinti, que a menudo es víctima de discriminación tanto por motivos de su origen étnico como por razón de su sexo. (…)

Medios informativos

Medidas recomendadas para su adopción por los Estados participantes:

37. En aras de la libertad de expresión, fomentar la capacitación de periodistas romaníes y sinti y su integración laboral en los medios informativos, facilitando así un mayor acceso a dichos medios por parte de la población romaní y sinti.

200 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

IX. Punto de Contacto de la OIDDH para las cuestiones relativas a los romaníes y sinti (…)

136. Con miras a facilitar el proceso de examen de la aplicación, se alienta a los Estados partici- pantes de la OSCE a que informen acerca de toda novedad en la situación de la población romaní y sinti, así como de toda medida inspirada por el presente Plan de Acción, en las Reuniones de Aplicación sobre la Dimensión Humana, con anterioridad a toda Conferencia de Examen, y al Consejo Permanente, según proceda.

137. Todas las instituciones y estructuras pertinentes de la OSCE, así como sus operaciones sobre el terreno, proseguirán su estrecha interacción con los Estados participantes, a fin de prestarles asistencia en la aplicación del Plan de Acción.

El Consejo Ministerial, (…)

Decidido a intensificar los esfuerzos de la OSCE a fin de aplicar el Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE, (…)

4. Alienta a los Estados participantes a que tengan en cuenta cuestiones relativas a los romaníes y sinti a la hora de examinar las normas legislativas y las políticas que afecten a dichos colectivos, sobre todo en los ámbitos prioritarios enunciados en el Plan de Acción de 2003 para Mejorar la Situación de la Población Romaní y Sinti en el área de la OSCE;

5. Apela a las autoridades nacionales cuya labor incida en la situación de los romaníes y sinti, tales como las relacionadas con las minorías, el acceso a los servicios sanitarios, la enseñanza, la vivienda, la labor contra la discriminación, la policía y los medios informativos, para que intensi- fiquen sus esfuerzos a fin de velar por que se apliquen los compromisos de la OSCE dentro de las leyes nacionales relativas a la igualdad y a la no discriminación. En este contexto se debe prestar una atención especial a la situación de las mujeres y las niñas romaníes; 4 6. Alienta a los Estados participantes que aún no lo han hecho, a establecer marcos institucionales en los que participen los romaníes y los órganos gubernamentales pertinentes, en los niveles que correspondan, a fin de facilitar la puesta en práctica de políticas y programas orientados a mejo- rar la situación de los romaníes y los sinti;

8. Pide que haya una coordinación y cooperación continuadas, dentro de los recursos disponi- bles, en el seno de la OSCE y con los agentes internacionales pertinentes, tales como el Consejo de Europa y la Unión Europea, si procede; (…)

201 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

Athens 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial,

Reafirmando los compromisos asumidos en la OSCE en relación con la población romaní y sinti, incluidos los establecidos en el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE (2003),

Reconociendo que los Estados participantes han llevado a cabo esfuerzos con tal finalidad,

Señalando que se han conseguido escasos progresos en lo que se refiere a cerrar la significativa brecha que aún existe en diferentes ámbitos entre la población romaní y sinti y el conjunto de la sociedad,

Tomando nota del Informe de Situación 2008 de la OIDDH sobre la aplicación del Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE,

Haciendo hincapié en que se requiere una actuación firme para poder mejorar la situación de roma- níes y sinti en toda la región de la OSCE,

Convencido de que los Estados participantes deberían procurar que la población romaní y sinti asumiera la máxima implicación respecto de las políticas que les afectan, y que las comunidades romaní y sinti deberían asociarse y compartir la responsabilidad de la puesta en práctica de aque- llas políticas diseñadas para fomentar su integración,

Reconociendo las particulares dificultades a que se enfrentan los romaníes y sinti, y la necesidad de adoptar medidas eficaces a fin de erradicar la discriminación que padecen y velar por su inte- gración sostenible de conformidad con los compromisos de la OSCE,

Preocupado porque los romaníes y sinti pertenecen a comunidades que aún siguen sufriendo los efectos del racismo y la discriminación, y porque han aumentado los prejuicios y los casos de mani- festaciones violentas de intolerancia contra romaníes y sinti,

Tomando nota de que, en tiempos de recesión económica mundial, la población romaní y sinti se encuentra entre los grupos especialmente susceptibles de convertirse en blanco de la hostilidad irracional y de la inculpación social,

Consciente de que las manifestaciones de intolerancia contra la población romaní y sinti no sólo pueden tener como resultado el aumento de su exclusión y marginación, sino que podrían poner en peligro también la cohesión social y la coexistencia pacífica del conjunto de la sociedad, (…)

Subrayando la importancia de que las instituciones y estructuras pertinentes de la OSCE, en cum- plimiento de su mandato, apoyen la aplicación del Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, y de que para ese fin haya una coordinación y coo- peración eficaces en el seno de la OSCE,

1. Pide a los Estados participantes que redoblen esfuerzos a fin de aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE y que promuevan el pro- ceso de integración sostenible de la población romaní y sinti;

202 4.2.1 Protección de los derechos humanos y de las libertades fundamentales, incluidas la igualdad de oportunidades y la no discriminación

2. Pide a los Estados participantes que continúen proporcionando información a la OIDDH sobre los progresos realizados en la aplicación del Plan de Acción para mejorar la situación de la pobla- ción romaní y sinti en el área de la OSCE; (…)

4. Pide a los Estados participantes que mejoren, de manera apropiada, la participación de la pobla- ción romaní y sinti en la elaboración, aplicación y evaluación de aquellas políticas que les incum- ban, y que fomenten el diálogo entre la población romaní y sinti y el conjunto de la sociedad a fin de aumentar la concienciación acerca del papel que pueden desempeñar la intolerancia y la discri- minación como elementos desestabilizadores de la seguridad, la estabilidad y la cohesión social;

5. Pide a los Estados participantes que, en colaboración con la población romaní y sinti, identifi- quen y examinen los desafíos que encierra la migración de romaníes y sinti en cuanto a la relevan- cia que puedan tener para su integración sostenible dentro del área de la OSCE;

Kiev 2013, (Decisión nº 4/13 relativa al refuerzo de las iniciativas de la OSCE destinadas 4 a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, centrado especialmente en las mujeres, los jóvenes y los niños romaníes y sinti.)

Reafirmando los compromisos de la OSCE en relación con los romaníes y sinti, (…)

Reconociendo que en el área de la OSCE se han llevado a cabo diversas iniciativas con el fin de mejorar la situación de los romaníes y sinti, tales como la elaboración y aplicación de planes de acción y estrategias nacionales, o la creación de políticas y programas específicos, y que la aplica- ción de dichas iniciativas en el ámbito local es un elemento esencial para que estas den sus frutos, (…)

Preocupado por el hecho de que los romaníes y sinti siguen siendo víctimas del racismo y de la violencia motivada por prejuicios raciales en el área de la OSCE,

203 4.2.2 Participación efectiva en las vidas pública y política

Pide a los Estados participantes que:

1. Redoblen sus esfuerzos por aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, entre otras cosas, mediante una mejor supervisión y evalua- ción de las estrategias, políticas y medidas relacionadas con la integración de los romaníes y sinti;

Pide una constante coordinación dentro de la OSCE y que se coopere con los agentes internacio- nales pertinentes, con el objetivo de mejorar las iniciativas de la OSCE dirigidas a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE;

Alienta a la Asamblea Parlamentaria de la OSCE a que siga esforzándose por mejorar la situación de la población romaní y sinti en el área de la OSCE. (…)

Alienta a la Asamblea Parlamentaria de la OSCE a que siga esforzándose por mejorar la situación de la población romaní y sinti en el área de la OSCE.

4.2.2 Participación efectiva en las vidas pública y política

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

[Los Estados participantes]

(35) Reafirman (…) la necesidad de emprender programas adecuados para el estudio de los pro- blemas de sus respectivos nacionales pertenecientes al grupo romaní y a otros grupos tradicional- mente identificados como gitanos, así como de crear unas condiciones que les permitan participar plenamente y con igualdad de oportunidades en la vida de la sociedad, y estudiarán la manera de cooperar con este fin.

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

VI. Elevando su participación en la vida política y pública

Medidas recomendadas para su adopción por los Estados participantes:

87. Los Estados participantes deben obrar con energía a fin de conseguir que la población romaní y sinti disponga, al igual que el resto de la población, de todo documento que sea necesario, es decir del certificado de nacimiento, del documento de identidad y de la tarjeta de la seguridad social. Al resolver problemas relacionados con la falta de documentación básica, se insta a los

204 4.2.2 Participación efectiva en las vidas pública y política

Estados participantes a obrar en estrecha colaboración con las organizaciones civiles de la pobla- ción romaní y sinti.

88. Se alienta a los Estados participantes a que tengan en cuenta las siguientes condiciones básicas para obtener una participación efectiva de la población romaní y sinti en la vida pública y polí- tica de sus sociedades: • Intervención temprana: Toda iniciativa referente a la población romaní y sinti debe tratar de involucrarla lo más pronto posible en su desarrollo, puesta en práctica y evaluación; • Inserción completa: La población romaní y sinti debe ser plenamente incorporada al proceso consultivo oficial, y debe garantizarse la eficacia de los mecanismos establecidos para su participación en la formulación de toda iniciativa política importante, procurando su plena inserción en un proceso que sea amplia- mente representativo; • Transparencia: Todo programa y propuesta deberá ser distribuido con la suficiente antelación, sobre el plazo pre- visto para la toma de una decisión, para ser debidamente analizado por los representantes de la comunidad romaní y sinti y dar margen para su contribución al respecto; • Participación efectiva de la población romaní y sinti a todos los niveles de la administración pública: La participación de la población romaní y sinti en la administración local constituye un factor esencial para la eficacia de toda política que pueda afectarla; • Asunción de responsabilidades: La población romaní y sinti debe desempeñar una función esencial e irremplazable en orden a con- seguir la observancia en la práctica de su derecho a participar en la vida política.

89. Los titulares de cargos electos deben mantener relaciones estrechas con la comunidad romaní y sinti.

90. Establecer mecanismos que faciliten una comunicación en pie de igualdad, directa y abierta entre los representantes de la comunidad romaní y sinti y las autoridades públicas, particularmente en órganos consultivos y de asesoramiento. 4 91. Facilitar la interacción, en el ámbito nacional y local, entre los dirigentes políticos y las diver- sas agrupaciones de la comunidad romaní.

92. Organizar campañas electorales que estimulen la participación del electorado romaní en las elecciones.

93. Velar por que el electorado romaní pueda decidirse libre e informadamente en las elecciones.

94. Adoptar medidas que garanticen la igualdad del derecho de voto para las mujeres, vedando en particular el denominado “voto familiar”.

95. Alentar a los miembros de la comunidad romaní y sinti a participar más activamente en el ser- vicio público, particularmente, y caso de ser necesario, mediante la introducción de medidas espe- ciales que promuevan su participación en el funcionariado.

205 4.2.2 Participación efectiva en las vidas pública y política

96. Alentar la representación de la comunidad romaní y sinti en cargos designados tanto por elec- ción como por nombramiento, a todos los niveles de la administración pública.

97. Habilitar e incorporar miembros de la comunidad romaní y sinti en el proceso decisorio de la administración pública, tanto estatal como local, en calidad de representantes electos de sus comu- nidades y de ciudadanos de sus respectivos países.

98. Fomentar la participación de la mujer romaní en la vida tanto pública como política de la socie- dad; la mujer romaní debe estar habilitada para participar en pie de igualdad con el hombre en órganos tanto consultivos como de otra índole, a fin de darle un mayor acceso a todas las esferas de la vida pública y política del país.

El Consejo Ministerial, (…)

Decidido a intensificar los esfuerzos de la OSCE a fin de aplicar el Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE, (…)

7. Alienta a los Estados participantes a que redoblen sus esfuerzos por conseguir que las comuni- dades romaníes y sinti participen activamente en la elaboración de políticas que afecten a dichos colectivos, y a que promuevan la participación efectiva de los romaníes y los sinti tanto en la vida pública como en la vida política; (…)

Athens 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial, (…)

206 4.2.2 Participación efectiva en las vidas pública y política

Reconociendo que la educación es fundamental para brindar mejores oportunidades a los roma- níes y sinti a fin de que puedan participar en pie de igualdad en la vida social, política, econó- mica y cultural, especialmente en lo que se refiere a las mujeres, los jóvenes y los niños romaníes y sinti, y sobre todo a las niñas, así como para ejercer sus derechos y fomentar su plena integración,

Convencido de que los Estados participantes deberían hacer lo posible por brindar a los romaníes y sinti la oportunidad de contribuir en aquellas políticas que les conciernen, y que los romaníes y sinti deberían participar y compartir responsabilidades en la aplicación de dichas políticas dise- ñadas para fomentar y facilitar su integración,

Reconociendo que los derechos de las mujeres romaníes y sinti, y que la igualdad entre hombres y mujeres, en particular, requieren apoyo y promoción a través de las instituciones estatales y la aplicación de políticas, y deben contar con la participación activa de la mujer romaní y sinti, (…)

1.7 Aumentar la participación de los romaníes y sinti en la elaboración, aplicación y evaluación de aquellas políticas que les conciernen, fomentando Asimismo su participación en la política y brin- dando apoyo a la educación de los votantes dirigida a la población romaní y sinti; (…)

2.11 Adoptar las medidas necesarias para aumentar la participación activa y la asunción de res- ponsabilidades de los romaníes y sinti en cuanto al fomento de su inclusión social; (…)

4. Adopten medidas activas de apoyo al empoderamiento de la mujer romaní y sinti, entre las que cabría destacar las siguientes: 4.1 Intensificar los esfuerzos por garantizar que las mujeres romaníes y sinti puedan disfrutar y ejercer sus derechos humanos y potenciar las iniciativas para combatir su discriminación a todos 4 los niveles, incluidos, cuando sea necesario, los ámbitos de la educación, el empleo, la sanidad y la vivienda, y con ese fin, participar en organizaciones romaníes y sinti de la sociedad civil e inte- ractuar con la población romaní y sinti; 4.2 Fomentar la participación efectiva e igualitaria de la mujer romaní y sinti en la vida pública y política, entre otras cosas, promoviendo el acceso de la mujer a cargos públicos, al funcionariado y a puestos de responsabilidad; 4.3 Alentar la igualdad para las mujeres romaníes y sinti en el acceso al empleo y a los programas de prácticas y de tutoría; (…)

207 4.2.3 Acceso a la educación

4.2.3 Acceso a la educación

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

v. Mejorar el acceso a la educación

La educación es un requisito previo para toda participación de la población romaní y sinti en la vida política, social y económica de sus respectivos países, en un pie de igualdad con el resto de la población. Las autoridades públicas y la propia comunidad sinti y romaní deberán adoptar de inmediato firmes medidas a este respecto, particularmente en orden a fomentar la escolarización y luchar contra el analfabetismo, asignando máxima prioridad a dichas medidas. La política edu- cativa debe orientarse a integrar a la población romaní y sinti en el ciclo normal de la educación facilitándoles plenamente la igualdad de acceso a todos los niveles del ciclo docente, sin dejar de prestar atención a las diferencias culturales.

Medidas recomendadas para su adopción por los Estados participantes:

67. Velar por incluir en el derecho interno normas contra la segregación y la discriminación racial en la educación, previendo sanciones eficaces contra toda violación de dichas normas.

68. Consultar con representantes de la comunidad romaní y sinti al formular cualquier política que pueda afectar a dicha comunidad.

69. Promover activamente la igualdad de oportunidades en la esfera educativa para los niños de la comunidad romaní y sinti, prestándoles en particular toda asistencia lingüística o de otra índole que sea precisa.

70. Adoptar medidas especiales por mejorar la calidad y eficiencia de la educación impartida a los niños de dicha comunidad. Fomentar una representación más amplia de la comunidad romaní y sinti entre el personal docente de nivel escolar.

71. Dar a conocer la historia y cultura del pueblo romaní en los textos docentes, hablando en par- ticular de la experiencia de este pueblo durante el Holocausto.

72. Considerar medidas para asegurar el respeto, la protección, el fomento y la enseñanza del idioma romaní, así como de su cultura como parte integrante de su patrimonio cultural.

73. Desarrollar y aplicar programas globales contra la segregación escolar destinados a: 1) acabar con la práctica de canalizar sistemáticamente a los niños romaníes hacia escuelas o cursos especia- les (por ejemplo, hacia escuelas para personas mentalmente discapacitadas y hacia cursos exclusi- vamente destinados a niños romaníes y sinti); y 2) a trasladar a dichos niños desde dichos centros especiales hacia las escuelas del sistema educativo general.

74. Asignar recursos financieros para el traslado de los niños romaníes hacia el sistema educativo general y para el desarrollo de programas de asistencia escolar destinados a facilitar su transición hacia la enseñanza oficial.

75. Facilitar el acceso de los niños romaníes a la educación oficial adoptando medidas para:

208 4.2.3 Acceso a la educación

(a) erradicar toda manifestación de prejuicio contra las personas de etnia romaní y sinti en las escuelas; (b) formar al personal docente en técnicas de enseñanza pluricultural y en la dirección de cursos étnicamente mixtos; (c) desarrollar estrategias para obtener un apoyo comunitario más amplio para la política de dese- gregación escolar; (d) prestar apoyo para salvar el desfase entre los alumnos de la etnia romaní y sinti y los demás alumnos, particularmente mediante programas preescolares destinados a preparar a los niños de la etnia romaní y sinti para la enseñanza primaria; (e) prestar apoyo a toda medida encaminada a incrementar el número de profesores, instructores y mediadores de la propia comunidad romaní.

76. Desarrollar y poner en práctica programas de enseñanza antirracista en las escuelas y promo- ver campañas contra el racismo en los medios informativos.

77. Desarrollar políticas que respondan plenamente a toda la gama de factores que contribuyen a la baja tasa de asistencia escolar entre los niños de etnia romaní y sinti. Para ello, se habrá de velar, entre otras cosas, por que las familias romaníes y sinti dispongan de la documentación necesaria para la inscripción escolar, al igual que el resto de la población.

78. Considerar la creación de programas de apoyo social para familias romaníes de bajos ingre- sos con niños en edad escolar.

79. Fomentar la regularidad de la asistencia escolar entre los niños de la etnia romaní y sinti mediante, por ejemplo, la intervención de mediadores familiares y sociales, y procurando que los padres y jefes de comunidad asuman su responsabilidad de facilitar la asistencia escolar de los niños y, en particular, de asegurar la igualdad de acceso a la educación de las niñas.

80. Velar, en particular, por facilitar la igualdad de oportunidades, para las niñas romaníes y sinti, en los programas docentes y de inserción social, y desarrollar programas que eliminen la tasa par- ticularmente elevada de abandono escolar, prevalente entre las niñas.

81. Considerar la introducción de programas adecuados para aquellos niños que sean analfabetos o que no hayan completado su enseñanza primaria. 4

82. Desarrollar, cuando sea necesario, programas de becas para estudiantes romaníes y fomen- tar una mayor participación de los alumnos de dicha etnia en los programas de becas existentes.

83. Fomentar la alfabetización informática entre la población romaní y sinti mediante la creación de páginas informativas web.

84. Evaluar periódicamente la eficacia de la política educativa en este campo.

209 4.2.3 Acceso a la educación

El Consejo Ministerial, (…)

Decidido a intensificar los esfuerzos de la OSCE a fin de aplicar el Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE,

1. Insta a los Estados participantes a que brinden a los niños romaníes y sinti un acceso equitativo al sistema educativo y fomenten su escolarización temprana, como instrumento para prevenir la exclusión social y la marginación y para que se produzca una mejora a largo plazo de la situación de los romaníes y sinti. En este contexto, subraya que las políticas educativas deberían orientarse a integrar a las poblaciones romaníes y sinti en el sistema educativo ordinario;

3. Pide a los Estados participantes que, en cooperación con las poblaciones romaní y sinti, inten- sifiquen sus esfuerzos para concienciar a los romaníes y a los sinti de la importancia de su matri- culación en centros escolares y de una asistencia a clase continuada; (…)

Athens 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial, (…)

7. Alienta a los Estados participantes a que aborden de forma global la cuestión de la escolarización temprana de los romaníes y sinti, poniendo especial atención en velar por la igualdad de acceso a la educación y por la integración de la población romaní y sinti en el sistema educativo ordinario;

Kiev 2013, (Decisión nº 4/13 relativa al refuerzo de las iniciativas de la OSCE destinadas a aplicar el Plan de Acción para mejorar la situación de la población romaní y sinti en el área de la OSCE, centrado especialmente en las mujeres, los jóvenes y los niños romaníes y sinti.) (…)

Reconociendo que la educación es fundamental para brindar mejores oportunidades a los roma- níes y sinti a fin de que puedan participar en pie de igualdad en la vida social, política, económica

210 4.2.4 Cuestiones socioeconómicas

y cultural, especialmente en lo que se refiere a las mujeres, los jóvenes y los niños romaníes y sinti, y sobre todo a las niñas, así como para ejercer sus derechos y fomentar su plena integración, (…)

Considerando que los jóvenes y los niños romaníes y sinti serán en el futuro los primeros intere- sados en que se promueva la inclusión de la población y las comunidades romaníes y sinti, y en que se fomente su plena participación en la vida social, cívica, política, económica y cultural de las sociedades en las que viven,

Pide a los Estados participantes que:

3. Centren sus esfuerzos y los recursos necesarios en el ámbito de la educación, considerándola como un factor importante para mejorar la situación de los romaníes y sinti, así como para fomen- tar una mayor integración social y económica de los mismos, ocupándose, entre otras cosas, de las siguientes cuestiones: 3.1 Adoptar medidas activas para garantizar la igualdad de acceso y de participación en todos los niveles de la educación pública a los jóvenes y los niños romaníes y sinti, incluidos los niveles de educación preescolar, primaria y secundaria; 3.2 Reducir la elevada tasa de abandono escolar entre los estudiantes romaníes y sinti que cursan educación secundaria, y prestar la debida atención a los problemas específicos que a ese respecto afrontan las niñas romaníes y sinti, así como adoptar medidas activas con objeto de incentivar una mayor presencia de jóvenes romaníes y sinti en niveles de educación superior; 3.3 Fomentar un mayor acceso y adoptar las medidas adecuadas para facilitar a los estudiantes romaníes y sinti la matriculación en la educación superior, por ejemplo, mediante la creación de programas de becas; 3.4 Promover la elaboración de programas de integración para romaníes y sinti en los planos nacio- nal y local, entre otras cosas, mediante programas educativos y cursos suplementarios en los que también se incluya la historia y la cultura romaní y sinti; 3.5 Renovar los esfuerzos encaminados a erradicar la segregación de los romaníes y sinti en la edu- cación a todos los niveles; (…)

4.4 Seleccionar medidas concretas, cuando proceda, con el objetivo de fomentar que las niñas roma- níes y sinti puedan acceder y participar en la educación a todos los niveles y en pie de igualdad; 4

4.2.4 Cuestiones socioeconómicas

Estambul 1999 (Declaración de la Cumbre)

31. (…) Subrayamos la importancia de que se preste la debida atención a los casos de exclusión social de romaníes y sinti. Estas cuestiones son principalmente responsabilidad de los Estados participantes interesados.

211 4.2.4 Cuestiones socioeconómicas

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

Vivienda y condiciones de vida

Medidas recomendadas para su adopción por los Estados participantes:

43. Introducir mecanismos y procedimientos institucionales para dilucidar o resolver cuestio- nes de tenencia o propiedad de viviendas y regularizar la condición jurídica de toda población romaní y sinti que viva en condiciones de dudosa legalidad (por ejemplo, vecindades romaníes cuyos miembros no sean propietarios del suelo sobre el que habitan, o que no estén incluidas en los planes de urbanización de la localidad principal; familias y viviendas radicadas en asentamien- tos en los que sus pobladores hayan estado residiendo de hecho durante decenios, pero sin regu- larizar su derecho de residencia).

44. Involucrar a la propia población romaní y sinti en el diseño de toda política de vivienda o de planes de construcción, rehabilitación y mantenimiento de viviendas públicas para ellos. Velar por que dichos planes de vivienda no sean promotores de segregación étnica o racial.

45. Estudiar la posibilidad de garantizar préstamos de organizaciones internacionales e institu- ciones financieras a Estados participantes para planes de vivienda destinados a segmentos de la población con ingresos bajos.

46. Favorecer los planes de vivienda en régimen de cooperativa para ciertos sectores de la comu- nidad romaní, e impartirles capacitación en su administración y mantenimiento.

Desempleo y problemas económicos

Medidas recomendadas para su adopción por los Estados participantes:

48. Promover un incremento de la representación romaní y sinti profesionalmente cualificada en empleos públicos.

49. Organizar programas de capacitación para preparar a personas de los grupos peor representa- dos, tales como la población romaní y sinti, para puestos de la administración pública local y de índole similar, e introducir políticas que favorezcan la contratación de los diplomados de tales pro- gramas como funcionarios de la administración pública.

50. Reevaluar los resultados de los programas de empleo subvencionado, prestando particular aten- ción a su eficiencia formativa, a fin de que tales programas estén orientados a potenciar la compe- titividad de la población romaní y sinti en el mercado laboral.

51. Desarrollar políticas y programas, particularmente de formación profesional, para mejorar la competitividad profesional y la cualificación laboral de la población romaní y sinti, especialmente de sus mujeres y jóvenes.

52. Adoptar políticas sociales que incentiven la búsqueda empleo, como forma sostenible de evi- tar la dependencia excesiva de los subsidios sociales.

212 4.2.4 Cuestiones socioeconómicas

Atención de salud

Medidas recomendadas para su adopción por los Estados participantes:

58. Velar por que la población romaní y sinti tenga acceso a los servicios de atención médica sin discriminación alguna.

59. Familiarizar al personal encargado de los servicios médicos de las necesidades propias de la población romaní y sinti.

60. Resolver la elevada incidencia de enfermedades o casos de desnutrición entre los miembros de la comunidad romaní.

61. Alentar a la población romaní y sinti a acudir prontamente a los servicios de atención médica: (a) Informando a dicha población sobre la disponibilidad de esos servicios y enseñándoles a uti- lizarlos; (b) Mejorar la confianza de la población romaní y sinti en los servicios de atención médica, casti- gando todo incidente de discriminación directa o indirecta de dicha población; enseñando al per- sonal de dichos servicios a comprender ciertos aspectos de la cultura romaní; y respaldando la labor de los mediadores que cumplen un cometido importante en la tarea de establecer puentes entre la comunidad romaní y el personal de los servicios públicos de atención médica.

62. Prestar particular atención a la salud de las mujeres y niñas, procurando, entre otras cosas, la adopción de medidas que: (a) Faciliten el desarrollo de programas destinados a difundir información sobre cuestiones de atención médica (en materia de nutrición, cuidados para el recién nacido, violencia doméstica, etc.) (b) Mejorando el acceso a los servicios de ginecología, particularmente en la fase prenatal, en el momento del parto y en la fase postnatal, mejorando, entre otras cosas, la información y la formación.

63. Prestar particular atención a la salud de los niños de la etnia romaní y sinti mediante los cui- dados pediátricos que sean del caso, y con medidas preventivas como la de organizar campañas de vacunación en asentamientos romaníes.

213 4.2.5 Racismo y discriminación

(…)

4.2.5 Racismo y discriminación

A. Lucha contra el racismo y los estereotipos

Copenhague 1990

(40) Los Estados participantes condenan clara e inequívocamente el totalitarismo, el odio racial y étnico, el antisemitismo, xenofobia y discriminación contra cualquier persona, así como la per- secución por motivos religiosos e ideológicos. En este contexto, también reconocen los problemas particulares de los romanís (gitanos).

Ginebra 1991 (VI)

Estambul 1999 (Declaración de la Cumbre)

31. Lamentamos todo acto de violencia y otras manifestaciones de racismo y discriminación con- tra minorías, en particular contra personas de las etnias romaní y sinti. (…)

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

Normas legales y su estricta observancia

Medidas recomendadas para su adopción por los Estados participantes:

7. Estudiar la conveniencia de ratificar, lo antes posible, todo tratado internacional pertinente, de no haberse hecho ya, y en particular la Convención Internacional sobre la Eliminación de todas las Formas de Discriminación Racial. (…)

14. Procurar, mediante el fomento de un diálogo auténtico o de un régimen de consultas, o por cualquier otra vía que proceda, mejorar las relaciones entre la población romaní y sinti y los demás grupos de la población, con miras a promover la tolerancia y la superación de todo prejuicio o este- reotipo negativo por ambas partes.

214 4.2.5 Racismo y discriminación

(…) Policía

Medidas recomendadas para su adopción por los Estados participantes:

26. Formular políticas destinadas al personal de los cuerpos de vigilancia, informándole de la situa- ción de la población romaní y sinti, y eliminando todo prejuicio o estereotipo negativo.

27. Preparar programas de capacitación para prevenir el uso excesivo de la fuerza y mejorar el conocimiento y respeto de los derechos humanos.

28. Formular políticas para mejorar: 1) las relaciones entre la comunidad romaní y sinti y la poli- cía, a fin de prevenir todo acto de abuso o violencia de la policía contra dicha comunidad; y 2) la confianza en la policía y el respeto de su autoridad entre dicha población. (…)

30. Evaluar todo desfase entre las normas de policía internacionales y las prácticas internas actua- les de la policía, en consulta con los cuerpos nacionales de policía, las ONG y representantes de la comunidad romaní y sinti.

31. Desarrollar, en los casos en que proceda y en estrecha asociación con organizaciones interna- cionales y ONG romaníes, declaraciones de principios de la policía, códigos de conducta, manua- les de orientación práctica y programas de capacitación.

32. Alentar a miembros de la población romaní y sinti a ingresar en los cuerpos de policía, como forma viable a largo plazo de promover la tolerancia y la diversidad.

Medios informativos

Medidas recomendadas para su adopción por los Estados participantes:

36. Llevar a cabo campañas de información y alerta social para disipar todo prejuicio y estereo- tipo negativo creado contra la población romaní y sinti. (…) 4 38. Alentar a dichos medios a informar sobre los aspectos positivos y a presentar una imagen equilibrada de la vida romaní, absteniéndose de emplear estereotipos para caracterizar a dicha población y evitando suscitar tensiones entre las diversas agrupaciones étnicas; Y organizar mesas redondas entre representantes de los medios informativos y de la comunidad romaní y sinti al ser- vicio de este objetivo.

Athens 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial, (…)

215 4.2.5 Racismo y discriminación

4. Pide a los Estados participantes que mejoren, (…) y que fomenten el diálogo entre la población romaní y sinti y el conjunto de la sociedad a fin de aumentar la concienciación acerca del papel que pueden desempeñar la intolerancia y la discriminación como elementos desestabilizadores de la seguridad, la estabilidad y la cohesión social; (…)

Observando (…) la particular vulnerabilidad de las mujeres y niñas romaníes y sinti ante múlti- ples formas de discriminación, así como de violencia y acoso, (…)

Pide a los Estados participantes que: (…)

2. Impidan que se continúe marginando y excluyendo a los romaníes y sinti, y hagan frente al aumento de la discriminación y las manifestaciones violentas de intolerancia contra los romaníes y sinti, incluidas las dirigidas contra los migrantes romaníes y sinti, mediante las medidas siguientes: 2.1 Reforzar las iniciativas destinadas a fomentar la tolerancia y combatir los prejuicios contra los romaníes y sinti; 2.2 Condenar públicamente y de manera inequívoca cualquier tipo de violencia dirigida contra los romaníes y sinti; 2.3 Contrarrestar en los medios los estereotipos negativos que se asocian a los romaníes y sinti, teniendo en cuenta los compromisos pertinentes de la OSCE en materia de libertad de los medios informativos; (…)

1.8 Promover un diálogo integrador en el seno de la sociedad con objeto de concienciar acerca del papel que pueden desempeñar la intolerancia y la discriminación contra los romaníes y sinti como amenazas para la cohesión social, la estabilidad y la seguridad; 1.9 Abordar las causas subyacentes de la discriminación y la intolerancia contra los romaníes y sinti mediante, entre otras cosas, iniciativas educativas y de concienciación mejoradas y de gran alcance, con la finalidad de derribar los prejuicios y promover el respeto y el entendimiento mutuos;

216 4.2.5 Racismo y discriminación

B. Protección frente a los delitos de odio

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

Normas legales y su estricta observancia

9. (…) la normativa legal contra la discriminación debe prever: (…) • La imposición de penas agravadas para los delitos o crímenes de motivación racial, perpetrados tanto por personas privadas como por funcionarios públicos; • La igualdad de acceso a medidas reparadoras eficaces (por la vía judicial o administrativa, o recurriendo a la conciliación o la mediación).

16. Velar por una investigación rigurosa y efectiva de todo acto de violencia contra la población romaní y sinti, especialmente cuando se sospeche razonablemente de su motivación racial, y encau- sar toda persona responsable de tales actos, de conformidad con el derecho interno y la normativa aplicable en materia de derechos humanos.

17. Privar a los culpables, de tales actos de (…) violencia, de toda inmunidad, velando por la rápida adopción, por parte de la policía, de medidas eficaces de investigación y sanción.

18. Facilitar el acceso de la población romaní y sinti a la justicia, ofreciéndoles vías de acceso a la asistencia letrada y servicios información en el idioma romaní.

Policía 4 Medidas recomendadas para su adopción por los Estados participantes: (…)

27. Preparar programas de capacitación para prevenir el uso excesivo de la fuerza y mejorar el conocimiento y respeto de los derechos humanos.

29. Formular políticas y procedimientos que fomenten una respuesta policial eficaz a todo acto de violencia racialmente motivado contra la población romaní y sinti.

217 4.2.5 Racismo y discriminación

Athens 2009 (Decisión nº 8/09 relativa a la intensificación de las iniciativas de la OSCE para velar por la integración sostenible de la población romaní y sinti)

El Consejo Ministerial, (…)

Tomando nota de que en tiempos de recesión económica mundial, la población romaní y sinti se encuentra entre los grupos especialmente susceptibles de convertirse en blanco de la hostilidad irracional y de la inculpación social,

3. Insta a los Estados participantes a que intensifiquen sus esfuerzos por promover la tolerancia y combatir los prejuicios contra la población romaní y sinti a fin de evitar que sigan siendo mar- ginados y excluidos, y que se ocupen del aumento de las manifestaciones de intolerancia violentas contra los romaníes y sinti, así como que condenen pública e inequívocamente cualquier acto de violencia dirigido contra los romaníes y sinti, y que tomen todas aquellas medidas que sean nece- sarias para velar por el acceso a remedios eficaces, en consonancia con sus procedimientos nacio- nales de conciliación y mediación, judiciales y administrativos, así como que velen por crear una coordinación a ese respecto entre las autoridades responsables en todos los ámbitos; (…)

2.4 Promulgar o, cuando proceda, fortalecer las leyes y medidas políticas cuyo objetivo sea luchar contra la discriminación y los delitos motivados por los prejuicios raciales contra los romaníes y sinti; 2.5 Fomentar la capacidad de los organismos de orden público y de su personal para que puedan detectar, obtener datos, investigar y enjuiciar los delitos motivados por el odio contra los roma- níes y sinti; 2.6 Adoptar las medidas necesarias para garantizar el acceso a remedios eficaces para las víctimas de la discriminación y de manifestaciones violentas de intolerancia contra los romaníes y sinti por medio de procedimientos judiciales, administrativos, de mediación y de conciliación; (…)

218 4.2.6 Situaciones de crisis y poscrisis

1.10 Brindar apoyo a la sociedad civil en sus esfuerzos por representar y facilitar asistencia a las víctimas romaníes y sinti de delitos motivados por el odio y discriminación; 1.11 Adoptar las medidas necesarias para aumentar la participación activa y la asunción de respon- sabilidades de los romaníes y sinti en cuanto al fomento de su inclusión social; 1.12 Adoptar medidas para velar por la seguridad, el bienestar y la salud de las mujeres, los jóve- nes y los niños romaníes y sinti, en las que se tengan también en cuenta la violencia doméstica, los matrimonios precoces y la trata de seres humanos, y que incluyan Asimismo cuando sea necesa- rio, la posibilidad de acceder a servicios de apoyo para su rehabilitación;

4.2.6 Situaciones de crisis y poscrisis

Maastricht 2003 (Anexo a la Decisión nº 3/03: Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

VII. La población romaní y sinti en situaciones de crisis y posteriores a una crisis (…)

Medidas recomendadas para su adopción por los Estados participantes:

107. Velar por que todo miembro de la población romaní y sinti que se vea afectado por un des- plazamiento forzoso (refugiados y personas internamente desplazadas) sea debidamente inscrito y provisto de la documentación pertinente.

108. Consultar a la población romaní y sinti al definir situaciones de crisis, a fin de dar con pro- cedimientos apropiados e identificar las zonas geográficas de donde estén huyendo los refugiados y las personas internamente desplazadas, así como velar por que se atienda a la situación concreta de la población romaní y sinti.

109. Los Estados participantes deben velar por que existan programas que promuevan condiciones favorables a la adopción de una decisión debidamente informada, por la población romaní y sinti refugiada e internamente desplazada, respecto de una solución duradera a su situación, facilitando especialmente el ejercicio de su derecho a un retorno digno, sostenible y en condiciones de segu- 4 ridad. Tales programas han de informar acerca de cada tema que pudiera interesar a los refugia- dos y personas internamente desplazadas, y deberán estar disponibles en los idiomas pertinentes.

110. Asegurarse de que el trato dispensado a los refugiados romaníes y sinti sea conforme a las normas y criterios de amparo internacionales, y no sea discriminatorio.

111. Recurrir a la función que desempeña la OIDDH en la prevención de conflictos y en la identi- ficación de zonas de intervención temprana, y aprovechar la experiencia especializada del ACMN de la OSCE a dicho respecto.

112. Prestar particular atención a las necesidades de las mujeres y niños romaníes y sinti en situa- ciones de crisis o posteriores a una crisis, dándoles acceso a servicios sanitarios y de vivienda y escolarización.

219 4.3 Poblaciones indígenas

4.3 Poblaciones indígenas

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(29) Observando que las personas pertenecientes a poblaciones indígenas pueden tener especiales dificultades en el ejercicio de sus derechos, acuerdan que sus compromisos de la CSCE en mate- ria de derechos humanos y libertades fundamentales se apliquen plenamente y sin discrimina- ción a esas personas.

4.4 Refugiados, personas desplazadas, retornados y apátridas

Ver también: II. 3.1.11: Libertad de movimiento, contacto entre personas y reunificación familiar II. 3.1.13: Derecho a la nacionalidad II. 4.2: Romaníes y sinti II. 4.5: Trabajadores Migrantes II. 7: Compromisos relativos al derecho humanitario internacional

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

[Los Estados participantes] en este contexto, los Estados participantes permitirán a todos los refu- giados que lo deseen el regreso en seguridad a sus hogares.

Helsinki 1992 (Declaración de la Cumbre)

14. En tiempo de conflicto peligra sumamente la satisfacción de las necesidades humanas bási- cas (…) Reconocemos que el problema de los refugiados, resultante de estos conflictos, requiere la cooperación de todos nosotros. Expresamos nuestro apoyo y nuestra solidaridad a aquellos países que hacen frente a estos problemas de refugiados, resultantes de esos conflictos. En este contexto reconocemos la necesidad de una cooperación y una acción concertada.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(39) Expresan su inquietud por el problema de los refugiados y de las personas desplazadas;

(40) Destacan la importancia de evitar situaciones que puedan provocar grandes corrientes de refugiados y personas desplazadas y subrayan la necesidad de esclarecer y abordar las causas pro- fundas del desplazamiento y de la migración involuntaria;

(41) Reconocen la necesidad de cooperación internacional para ocuparse de las corrientes masivas de refugiados y personas desplazadas;

220 4.4 Refugiados, personas desplazadas, retornados y apátridas

(42) Reconocen que el desplazamiento suele ser consecuencia de violaciones de los compromisos de la CSCE, incluidos los relativos a la Dimensión Humana;

(43) Reafirman la importancia de las normas y los instrumentos internacionales existentes relativos a la protección y a la asistencia a refugiados y estudiarán la conveniencia de adherirse a la Conven- ción sobre el Estatuto de los Refugiados y al Protocolo correspondiente, si aún no lo hubieren hecho;

(44) Reconocen la importancia del Alto Comisionado de las Naciones Unidas para los Refugiados y del Comité Internacional de la Cruz Roja, así como de las organizaciones no gubernamentales que intervienen en actividades de socorro, para la protección y la asistencia a refugiados y perso- nas desplazadas;

(45) Acogen con satisfacción y apoyan los esfuerzos unilaterales, bilaterales y multilaterales enca- minados a garantizar la protección y la asistencia a los refugiados y personas desplazadas con el propósito de encontrar soluciones duraderas;

Estocolmo 1992 (Decisiones: 2. La CSCE en tanto que Comunidad de Valores)

El problema cada vez mayor de los refugiados y personas desplazadas es objeto de gran preocupa- ción para todos los Estados participantes, especialmente en aquellos conflictos en los que el cum- plimiento de las necesidades humanas básicas está en mayor peligro. Los Ministros deploraron las dificultades de las poblaciones civiles que son las más afectadas por tales conflictos y pidie- ron a todos los Estados participantes que realicen una labor concertada para compartir la carga común. Cada gobierno es responsable ante los demás de su conducta respecto de sus ciudadanos y de los países vecinos. Los individuos deben ser considerados personalmente responsables de los crímenes de guerra y de los actos que cometan en violación del derecho internacional humanitario.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

32. Los Estados participantes expresan su preocupación por los movimientos migratorios de masas en la región de la CSCE, que incluyen a millones de refugiados y personas desplazadas debido principalmente a la guerra, los conflictos armados, las tensiones civiles y graves violaciones de los derechos humanos (…) deciden ampliar su cooperación con los organismos internacionales per- tinentes a este respecto (...) 4 Lisboa 1996 (Declaración de la Cumbre)

9. Entre los problemas acuciantes que se plantean en el marco de la dimensión humana, las con- tinuas violaciones de los derechos humanos, tales como (...) fraude electoral (...) siguen constitu- yendo una amenaza para la estabilidad en la región de la OSCE. Nos hemos comprometido a seguir ocupándonos de esos problemas.

10. Ante las tragedias de que han sido víctimas recientemente los refugiados en la región de la OSCE y teniendo en cuenta la cuestión de las migraciones forzadas, condenamos una vez más y prometemos abstenernos de toda política de “depuración étnica” o de expulsión en masa. Nues- tros Estados facilitarán el regreso, en condiciones de seguridad y dignidad, de los refugiados y las personas desplazadas en su propio país, de conformidad con las normas internacionales. Hay que seguir reintegrándolos en sus lugares de origen sin discriminaciones (…)

221 4.4 Refugiados, personas desplazadas, retornados y apátridas

Estambul 1999 (Declaración de la Cumbre)

Estamos comprometidos a facilitar a los refugiados el ejercicio de su derecho a participar en las elecciones que se celebren en sus países de origen.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

22. Rechazamos toda política de depuración étnica o de expulsión en masa. Reafirmamos nues- tro compromiso de respetar el derecho de asilo y de velar por la protección internacional de los refugiados de conformidad con la Convención de 1951 sobre el Estatuto de los Refugiados y su Protocolo de 1967, así como de facilitar el retorno voluntario de los refugiados y de las personas desplazadas internamente en condiciones dignas y seguras. Trabajaremos en pro de la reinserción sin discriminaciones en sus lugares de origen de los refugiados y de las personas desplazadas inter- namente. A fin de mejorar la protección de las personas civiles en tiempos de conflicto buscaremos la manera de reforzar la aplicación del derecho humanitario internacional.

Bucarest 2001 (Anexo a la Decisión 1 para la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

15. Solución de la cuestión de los desplazamientos prolongados – Estados participantes/OIDDH/ ACMN/Representante para la Libertad de los Medios de Comunicación: Explorarán el mayor potencial de la OSCE para contribuir a soluciones duraderas, respaldando la labor de otras orga- nizaciones pertinentes, principalmente la Oficina del Alto Comisionado de las Naciones Unidas para los Refugiados, y cooperando estrechamente con esas organizaciones. Asimismo, vigilarán muy de cerca las situaciones de desplazamiento prolongado.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

12. Se compromete, en este mismo contexto, a combatir, en el marco del derecho interno y de los compromisos internacionales, la discriminación, dondequiera que exista, contra los buscadores de asilo y los refugiados, y pide a la OIDDH que refuerce sus actividades a este respecto;

222 4.4 Refugiados, personas desplazadas, retornados y apátridas

Sofía 2004 (Anexo a la Decisión nº 14/04, Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

Conforme se recomienda en las Directrices sobre la protección internacional en materia de perse- cución relacionada con los géneros, dentro del contexto del artículo 1 A (2) de la Convención de 1951 sobre el Estatuto de los Refugiados y/o su Protocolo de 1967 sobre el Estatuto de los Refugia- dos, se alienta a todo Estado que aún no lo haya hecho a que introduzca alguna vía procesal para velar por que se tengan debidamente en cuenta las solicitudes de mujeres en los procedimientos de determinación de la condición de refugiado, y que se reconozca debidamente toda la gama de que- jas o denuncias contra actos de persecución relacionados con la pertenencia a un género;

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

4.5 Otorgar a toda persona que solicite transitar por una frontera un trato digno que sea conforme con el marco jurídico interno aplicable, y con toda norma de derecho internacional aplicable, par- ticularmente en materia de derechos humanos o de refugiados y de derecho humanitario, así como con todo compromiso pertinente de la OSCE;

Hamburgo 2016 (Decisión nº 3/16 relativa al papel de la OSCE en la gestión de grandes desplazamientos de migrantes y refugiados).

El Consejo Ministerial,

Reconociendo que los beneficios y las oportunidades de la migración regular, segura y ordenada son sustanciales y suelen subestimarse, mientras que la migración irregular, de grandes desplaza- mientos, suele plantear problemas complejos, y reconociendo también la importante contribución económica y social que pueden aportar los migrantes y los refugiados para el crecimiento integra- 4 dor y el desarrollo sostenible,

Reconociendo la función dirigente de las Naciones Unidas,

Elogiando los esfuerzos realizados desde 2015 por las Presidencias serbia y alemana de la OSCE para que la Organización pueda abordar con más eficacia las cuestiones relacionadas con la ges- tión de esos desplazamientos,

Reconociendo las múltiples actividades específicas vinculadas con la migración y los refugiados que ya han llevado a cabo las estructuras ejecutivas de la OSCE en el marco de sus mandatos vigentes, así como los Estados participantes, basándose en los compromisos vigentes de la OSCE, los docu- mentos pertinentes de las Naciones Unidas y las políticas nacionales,

Tomando como base los intensos debates mantenidos en la OSCE, especialmente en las reuniones del Grupo de Trabajo informal con especial atención a las cuestiones relacionadas con la migración

223 4.5 Trabajadores Migrantes

y los flujos de refugiados, celebradas en la primavera de 2016, y en la sesión extraordinaria del Con- sejo Permanente de 20 de julio de 2016,

1. Reconoce la labor realizada por el Grupo de Trabajo informal con especial atención a las cues- tiones relacionadas con la migración y los flujos de refugiados, y el resultado de los debates man- tenidos en la sesión extraordinaria del Consejo Permanente de 20 de julio de 2016;

2. Alienta a las estructuras ejecutivas de la OSCE a que, en el marco de sus mandatos vigentes y con los recursos disponibles, prosigan su labor sobre la cuestión de la migración, intensificando las actividades orientadas al intercambio de mejores prácticas, y mejorando el diálogo y la coope- ración con los Socios para la Cooperación, de modo que complemente las actividades realizadas por otros organismos y organizaciones internacionales pertinentes;

3. Alienta también a los Estados participantes a que utilicen la plataforma que brinda la OSCE, incluidos los órganos de trabajo adecuados de la Organización, para seguir abordando cuestiones relacionadas con la migración en las que la OSCE haya adquirido conocimientos especializados, y a que mejoren el diálogo sobre sobre temas relacionados con la migración, con miras a la posible elaboración de medidas efectivas y enfoques comunes para tratar esos temas.

4.5 Trabajadores Migrantes

Ver también: II. 3.1.11: Libertad de movimiento, contacto entre personas y reunificación familiar II. 3.2.2: Derechos económicos y sociales II. 4.2: Romaníes y sinti II. 5.3: Lucha contra los actos motivados por los prejuicios, la intolerancia y el odio

Helsinki 1975 (Cooperación en materia de economía, ciencia y tecnología, y medio ambiente)

Los Estados participantes,

Considerando que los movimientos de trabajadores migrantes en Europa han alcanzado Dimen- siones importantes y que constituyen un importante factor económico, social y humano, tanto en los países que los reciben como en los países de origen,

Reconociendo que las migraciones de trabajadores han hecho surgir asimismo varios problemas económicos, sociales, humanos y de otra índole tanto en los países que los reciben como en los países de origen,

Teniendo debidamente en cuenta las actividades en esa esfera de las organizaciones internacionales competentes, sobre todo de la Organización Internacional del Trabajo, estiman que los problemas que la migración de trabajadores en Europa plantea a nivel bilateral, así como entre los Estados participantes, deben ser examinados por las partes directamente afectadas a fin de resolver esos problemas en interés mutuo, en consideración a las preocupaciones de cada Estado interesado en que se atiendan debidamente las necesidades que provienen de su situación socioeconómica, habida cuenta la obligación de cada Estado de atenerse a los acuerdos bilaterales y multilaterales de que es parte, y teniendo presentes los siguientes objetivos;

224 4.5 Trabajadores Migrantes

• fomentar los esfuerzos de los países de origen encaminados a aumentar las posibilidades de empleo para sus nacionales en sus propios territorios, desarrollando especialmente una coope- ración económica adecuada con ese objeto que sea satisfactoria para los países de inmigración y los países de origen interesados; • lograr, gracias a la colaboración de los países de inmigración y los de origen, las condiciones en que pudiera desarrollarse el movimiento ordenado de los trabajadores, al tiempo que se protege su bienestar personal y social, y organizar, llegado el caso, la contratación y una preparación lingüística y profesional elemental de los trabajadores inmigrantes; • adoptar las disposiciones necesarias con objeto de que los trabajadores inmigrantes tengan los mismos derechos que los nacionales de los países de inmigración en lo que se refiere a las con- diciones de empleo y de trabajo y en materia de seguridad social, y velar por que los trabajado- res inmigrantes puedan disfrutar de un nivel de vida satisfactorio, en especial en lo que respecta a vivienda; • velar por que, en cuanto sea posible, los trabajadores inmigrantes puedan tener las mismas posi- bilidades que los nacionales de los países de inmigración para encontrar otros empleos conve- nientes en caso de desempleo; • considerar favorablemente que se facilite una formación profesional a los trabajadores inmigran- tes y que, en la medida de los posible, se les enseñe gratuitamente la lengua del país de inmigra- ción, en el marco de su empleo; • confirman el derecho de los trabajadores inmigrantes a recibir, dentro de lo posible, una infor- mación regular en su propio idioma, tanto en lo que se refiere a su país de origen como al país de inmigración; • velar por que los hijos de los trabajadores inmigrantes establecidos en el país de inmigración reciban la enseñanza que corrientemente se imparte y en igualdad de condiciones que los niños del citado país y, • además, permitirles que reciban una enseñanza suplementaria de su propio idioma, cultura, historia y geografía; • tener en cuenta que los trabajadores inmigrantes, especialmente los que han adquirido cualifi- caciones, podrán, al volver a su país después de cierto periodo, ayudar a remediar en su país de origen, la escasez de mano de obra calificada; • facilitar, en todo lo posible, la reunión de los trabajadores migrantes con sus familias; 4 • considerar con ánimo favorable los esfuerzos emprendidos por los países de origen para atraer los ahorros de los trabajadores inmigrantes, a fin de incrementar, dentro del marco de su desa- rrollo económico, las posibilidades adecuadas de empleo, facilitando de esa forma la reintegra- ción de esos trabajadores a su regreso

Madrid 1983 (Cooperación en materia de economía, ciencia y tecnología, y medio ambiente)

En el contexto de las disposiciones del Acta Final relativas a la mano de obra migratoria en Europa, los Estados participantes señalan que la evolución reciente de la economía mundial ha afectado a la situación de los trabajadores migrantes. A este respecto, los Estados participantes expresan su deseo de que los países de acogida y los países de origen, movidos por un espíritu de interés mutuo y de cooperación, intensifiquen sus contactos a fin de mejorar aún más la situación general de los trabajadores migrantes y sus familias y, entre otros aspectos, la protección de sus derechos huma- nos, incluidos sus derechos económicos, sociales y culturales, y teniendo en cuenta, en particular, los problemas especiales que plantea la segunda generación de migrantes. Se esforzarán también

225 4.5 Trabajadores Migrantes

por facilitar o fomentar, cuando exista una demanda razonable, la enseñanza suficiente de la len- gua y la cultura de los países de origen.

Los Estados participantes recomiendan que, entre otras medidas destinadas a facilitar la reinser- ción económica y social de la mano de obra migrante, que retorna a su país de origen, se garantice mediante la legislación apropiada o acuerdos de reciprocidad (…)

Viena 1989 (Cooperación en materia de economía, ciencia y tecnología, y medio ambiente)

(40) Los Estados participantes subrayan la necesidad de aplicar efectivamente las disposiciones del Acta Final y del Documento de Clausura de Madrid referentes a los trabajadores migrantes y sus familias en Europa. Invitan a los países de acogida y a los países de origen a que se esfuercen por mejorar más las condiciones económicas, sociales, culturales y otras condiciones de vida de los trabajadores migrantes y sus familias legalmente residentes en los países de acogida. Recomien- dan que los países de acogida y los países de origen promuevan su cooperación bilateral en cam- pos pertinentes, con miras a facilitar la reinserción de los trabajadores migrantes y sus familias que retornan a su país de origen.

(41) Los Estados participantes (…) examinarán favorablemente las solicitudes de reunificación de familias, así como de contactos familiares y de visitas relativas a trabajadores migrantes de otros Estados participantes que residan legalmente en los países de acogida.

(42) Los Estados participantes garantizarán que los trabajadores migrantes de otros Estados par- ticipantes, y sus familias, puedan disfrutar libremente de su cultura nacional, conservarla y tener acceso a la cultura del país de acogida.

(43) Con el fin de asegurar la efectiva igualdad de oportunidades entre los hijos de los trabaja- dores migrantes y los hijos de sus propios nacionales, en lo que respecta al acceso a todas las for- mas y niveles de educación, los Estados participantes afirman su buena voluntad para adoptar las medidas necesarias a la mejor utilización y aprovechamiento de las oportunidades educacionales. Además, alentarán o facilitarán, cuando existan demandas razonables, la enseñanza suplementa- ria en su idioma materno a los hijos de los trabajadores migrantes.

(44) Los Estados participantes reconocen que las cuestiones relativas a los trabajadores migrantes tienen dimensión humana.

Copenhague 1990

(22) Los Estados participantes reafirman que la protección y la promoción de los derechos de los trabajadores migrantes tienen dimensión humana. En este contexto (22.1) – convienen en que la protección y promoción de los derechos de los trabajadores migran- tes constituyen una preocupación de todos los Estados participantes y que como tal deben exami- narse dentro del proceso de la CSCE; (22.2) – reafirman su compromiso de incorporar plenamente en su legislación nacional los dere- chos de los trabajadores migrantes previstos en los acuerdos internacionales de los que son parte; (22.3) – consideran que, en futuros instrumentos internacionales relativos a los derechos de los trabajadores migrantes, deberían tomarse en cuenta el hecho de que esta cuestión reviste impor- tancia para todos ellos;

226 4.5 Trabajadores Migrantes

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Reconocemos que las cuestiones relativas a los trabajadores migrantes y sus familias que residan legalmente en su país de acogida tienen no sólo aspectos económicos, culturales y sociales sino también dimensión humana. Reafirmamos que la protección y la promoción de sus derechos, así como el cumplimiento de las obligaciones internacionales pertinentes, son objeto de nuestra pre- ocupación común.

Moscú 1991

(38) Los Estados participantes reconocen la necesidad de garantizar que se respeten plenamente los derechos de los trabajadores migrantes y de sus familias legalmente residentes en los Estados participantes y subrayan su derecho a expresar libremente sus características étnicas, culturales, religiosas y lingüísticas. El ejercicio de esos derechos podrá estar sujeto a las restricciones prescri- tas por la ley y conformes a las normas internacionales. (38.1) Condenan todos los actos de discriminación, so pretexto de raza, color y origen étnico, así como la intolerancia y xenofobia contra los trabajadores migrantes. Tomarán, de conformidad con el derecho nacional y las obligaciones internacionales, medidas efectivas para fomentar la toleran- cia, la comprensión, la igualdad de oportunidades y el respeto de los derechos humanos funda- mentales de los trabajadores migrantes y adoptarán, si no lo han hecho ya, medidas encaminadas a prohibir actos que constituyan incitación a la violencia basada en discriminación de índole nacio- nal, racial, étnica o religiosa, hostilidad u odio. (38.2) Adoptarán medidas adecuadas que permitan a los trabajadores migrantes participar en la vida de la sociedad de los Estados participantes. (38.3) Toman nota de que las cuestiones que se refieren a la dimensión humana de los trabajado- res migrantes residentes en su territorio podrán, como cualquier otra cuestión de la dimensión humana, plantearse con arreglo al mecanismo de la dimensión humana.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(36) Reafirman la universalidad de los derechos humanos y las libertades fundamentales, cuyo goce 4 también corresponde a los trabajadores migrantes dondequiera que vivan, y destacan la impor- tancia de aplicar todos los compromisos de la CSCE relativos a los trabajadores migrantes y a sus familias legalmente residentes en los Estados participantes;

(37) Alentarán la creación de condiciones para fomentar una mayor armonía en las relaciones entre los trabajadores migrantes y el resto de la sociedad del Estado participante en el que resi- dan legalmente. Con este fin, procurarán ofrecer, entre otras cosas, medidas que faciliten la fami- liarización de los trabajadores migrantes y sus familias legalmente residentes con los idiomas y la vida social del Estado participante correspondiente a fin de que puedan participar en la vida de la sociedad del país de acogida;

(38) De conformidad con la política y la legislación internas y con las obligaciones internacionales, procurarán crear, en la forma que proceda, las condiciones para fomentar la igualdad de oportu- nidades con respecto a las condiciones de trabajo, la educación, la seguridad social y los servicios sanitarios, la vivienda y el acceso a los derechos sindicales y culturales de los trabajadores migran- tes que residan y trabajen legalmente.

227 4.5 Trabajadores Migrantes

Budapest 1994 (Decisiones: VIII. La dimensión humana)

29. Decidieron que deberían tomarse las medidas adecuadas para prevenir mejor los ataques racis- tas y otras manifestaciones de intolerancia violenta contra los trabajadores migrantes y sus familias. (…)

31. Seguirán fomentando la integración de los trabajadores migrantes en las sociedades en las que residen legalmente. Reconocen que el éxito de un proceso de integración depende también de la prosecución activa por parte de los propios migrantes y, por consiguiente, deciden estimularles a este respecto.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial (…)

11. Se compromete a combatir toda discriminación contra los trabajadores migrantes. Seguirán fomentando la integración de los trabajadores migrantes en las sociedades en las que residen legal- mente (…)

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 621 del Consejo Permanente: Tolerancia y lucha contra el racismo, la xenofobia y la discriminación)

Los Estados participantes se comprometen a: (…) • Adoptar, con arreglo al orden jurídico interno y a las obligaciones internacionales, medidas con- tra todo acto de discriminación, intolerancia y xenofobia dirigido contra la población migrante o contra trabajadores migrantes; • Considerar la organización de actividades que den a conocer al público el aporte enriquecedor de la población migrante y de los trabajadores migrantes a la sociedad; (…)

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

228 4.5 Trabajadores Migrantes

Liubliana 2005 (Decisión nº 2/05 relativa a la migración)

El Consejo Ministerial,

Reafirmando los compromisos relacionados con la migración, y en particular con respecto a los trabajadores migrantes, y otros compromisos pertinentes (...)

Reconociendo la creciente importancia de la migración, así como los problemas que plantea y las oportunidades que brinda a los Estados participantes,

Reconociendo además que la migración se está convirtiendo en un fenómeno cada vez más diverso y complejo, que es necesario abordar de forma integral y que por tanto requiere la aplicación de un enfoque interdimensional a nivel nacional, regional e internacional,

Reconociendo que todos los Estados deben implantar marcos nacionales eficaces para gestionar la migración, Subrayando que la migración es un fenómeno intrínsecamente transnacional que requiere la cooperación entre los Estados,

Consciente de que la migración es un importante factor económico, social y humano tanto para los países de destino como para los países de origen,

Consciente además de que toda política de integración acertada, que prevea el respeto de la diver- sidad cultural y religiosa y la promoción y protección de los derechos humanos y de las libertades fundamentales, constituye un factor importante para promover la estabilidad y la cohesión en el seno de nuestras sociedades, (…)

Felicitándose de la cooperación que mantiene la OSCE, obrando en particular a través de su Ofi- cina de Instituciones Democráticas y Derechos Humanos (OIDDH) y de la Oficina de su Coordi- nador de las Actividades Económicas y Medioambientales (OCAEM), con otras organizaciones e instituciones internacionales pertinentes,

Considerando que la OSCE, obrando en el marco de su enfoque integral de la seguridad, entre otras contribuciones, las siguientes: 4 • Trabajar en sinergia y en estrecha asociación con aquellos órganos internacionales que se ocu- pen específicamente de la migración, • Facilitar el diálogo y la cooperación entre los Estados participantes, especialmente entre paí- ses de origen, de tránsito y de destino en el área de la OSCE, así como con los Socios asiáticos y mediterráneos para la cooperación, • Ayudar a los Estados participantes que lo soliciten a formular políticas de migración eficientes y a cumplir los compromisos contraídos con la OSCE en esa esfera, • Invitar a los Estados participantes a que estudien la posibilidad de adherirse a los instrumen- tos internacionales pertinentes,

229 4.5 Trabajadores Migrantes

Atenas 2009 (Decisión nº 5/09 relativa a la gestión de migración)

El Consejo Ministerial, (…)

Reconociendo la creciente importancia y los beneficios que se derivan de una gestión eficaz de la migración para el desarrollo socioeconómico, la cohesión social, la seguridad y la Estabilidad en todos los países, incluso los de origen, los de tránsito y los de destino, y reconociendo sin ambages los derechos humanos de los migrantes y de sus familiares,

Subrayando la importancia de integrar las políticas de migración en estrategias económicas, socia- les, ambientales, de desarrollo y de seguridad, y enfocando la gestión de la migración de forma cooperativa, global y que afecte a todas las Dimensiones,

Destacando la necesidad de facilitar la migración legal y de combatir la migración ilegal,

Teniendo presente que los Estados participantes de la OSCE tienen puntos de vista diferentes res- pecto de las cuestiones migratorias, y respetando sus experiencias y sus mejores prácticas,

Recalcando la necesidad de ahondar en el diálogo y en la cooperación a todos los niveles dentro de y entre todos los Estados, así como entre todos los interesados directos pertinentes, con inclusión de los agentes sociales, la comunidad empresarial, la sociedad civil y la académica, a fin de expo- ner las oportunidades y los retos que se presentan en una gestión global de la migración,

Confirmando que la cooperación, el diálogo y el intercambio de buenas prácticas e información sobre cuestiones de la gestión de la migración siguen siendo un importante componente del con- cepto global de seguridad de la OSCE de conformidad con sus mandatos y ateniéndose a las capa- cidades y recursos disponibles en las tres Dimensiones,

1. Anima a los Estados participantes a que sigan ocupándose de la gestión de la migración: • Prestando especial atención a las causas primarias de la migración; • Velando por que sus prácticas de migración nacionales cumplan con sus respectivas obligacio- nes internacionales y con los compromisos de la OSCE; • Desarrollando y mejorando el cumplimiento de sus planes de acción y sus políticas nacionales de migración según proceda; • Mejorando la compilación de datos comparables sobre migración, con miras a facilitar el diá- logo y el intercambio de mejores prácticas en el plano de la OSCE; • Fomentando la cooperación y asociaciones entre los países de origen y los países de destino, facilitando para ello planes eficaces de migración legal, como por ejemplo, la migración circu- lar y otros programas de movilidad laboral voluntaria, en beneficio del desarrollo de los países de origen y de los países de destino; • Respetando los derechos humanos de los migrantes y aumentando los esfuerzos destinados a luchar contra la discriminación, la intolerancia y la xenofobia respecto de los migrantes y sus familiares;

2. Anima a los Estados participantes a incorporar aspectos relativos al género en sus políticas de migración, refiriéndose para ello a sus recomendaciones plasmadas en la Guía sobre políticas de migración laboral con perspectiva de género, que ha preparado la OSCE;

230 4.6 Personas con discapacidad

3. Invita a los Estados participantes a que intensifiquen la gestión de la migración mediante la mejora de la coherencia normativa entre la migración y las políticas de seguridad y medioambien- tales, sociales y económicas, recurriendo para ello a la consulta, la asociación y la cooperación entre gobiernos en los planos bilateral, regional e interregional, según proceda;

4. Anima a los Estados participantes a que adopten las medidas necesarias para reducir al mínimo las consecuencias negativas de la crisis financiera y económica mundial para los migrantes, mediante la intensificación de la cooperación económica, la creación de condiciones que fomenten la inver- sión y el desarrollo comercial, y la facilitación del flujo de remesas;

5. Encarga al Consejo Permanente, a sus órganos subsidiarios de carácter informal y a las estruc- turas ejecutivas de la OSCE, en conformidad con sus mandatos y ateniéndose a las capacidades y recursos disponibles en las distintas Dimensiones, dentro del concepto global de seguridad de la OSCE, inter alia que: • Brinde una amplia plataforma regional para el diálogo sobre la migración y cuestiones de segu- ridad tanto entre los Estados participantes de la OSCE como entre los Estados participantes y Socios para la Cooperación, con la intervención de otros interesados directos pertinentes y en total conformidad con el Reglamento de la OSCE; • Siga trabajando acerca de los aspectos de género de la migración; • Preste asistencia a los Estados participantes que lo soliciten para que mejoren su legislación migra- toria y elaboren e introduzcan marcos eficaces de política nacional, brindándoles asesoramiento y capacitación, en cooperación con organizaciones internacionales y regionales pertinentes; • Contribuya a los esfuerzos internacionales encaminados a determinar las posibles consecuen- cias de la degradación medioambiental sobre‑ las presiones migratorias, y que el cambio climá- tico puede aumentar, a fin de prepararse mejor en esa esfera; • Continúe prestando asistencia a los Estados participantes que lo soliciten, para promover una gestión eficaz de la migración que incluya el intercambio de prácticas idóneas, y para facilitar la migración legal y combatir la migración ilegal, sin dejar de prestar especial atención a la coope- ración bilateral y multilateral en ese campo.

4.6 Personas con discapacidad 4 Moscú 1991

(41) Los Estados participantes deciden (41.1) – asegurar la protección de los derechos humanos de las personas con discapacidad; (41.2) – adoptar medidas encaminadas a asegurar que tales personas gocen de igualdad de opor- tunidades para participar plenamente en la vida de sus sociedades; (41.3) – favorecer la participación apropiada de esas personas en el proceso de adopción de deci- siones en las esferas que les atañen; (41.4) – facilitar servicios y formación profesional de asistentes sociales para la rehabilitación pro- fesional y social de las personas con discapacidad; (41.5) – fomentar condiciones favorables para el acceso de las personas con discapacidad a los edi- ficios y servicios públicos, viviendas, transportes y actividades culturales y recreativas.

231 4.7 Niños

Milán 2018 (Decisión 5/18 relativa al desarrollo del capital humano en la Era Digital) (…)

4.7 Niños

Ver también: II. 3.1.11: Libertad de movimiento, contacto entre personas y reunificación familiar II. 3.2.4: Derecho a la educación II. 4.2: Romaníes y sinti II. 4.4: Refugiados, personas desplazadas, retornados y apátridas II. 4.5: Trabajadores Migrantes II. 6.2: Prevención de la trata de seres humanos

Copenhague 1990

(13) Los Estados participantes deciden prestar particular atención al reconocimiento de los derechos del niño, sus derechos civiles y sus libertades individuales, sus derechos económicos, sociales y cul- turales y su derecho a una protección especial contra todas las formas de violencia y explotación.

232 4.7 Niños

Los Estados participantes examinarán la posibilidad de adherirse a la Convención sobre los Dere- chos del Niño, caso de que no lo hayan hecho todavía, que quedó abierta a la firma de los Esta- dos el 26 de enero de 1990. Reconocerán, en sus legislaciones nacionales, los derechos del niño tal como se enuncian en los acuerdos internacionales de los que son parte.

Estambul 1999 (Declaración de la Cumbre)

28. En este año que celebramos el décimo aniversario de la aprobación de la Convención sobre los Derechos del Niño, deseando dar curso a los compromisos adoptados al respecto por la OSCE en Copenhague, nos comprometemos a promover activamente los derechos e intereses de los niños, especialmente de los que se encuentran en situaciones de conflicto o postconflicto. En el marco de la labor de la OSCE, abordaremos periódicamente las cuestiones relativas a los derechos del niño, (...) Organizaremos en el año 2000 una reunión especial dedicada a las condiciones de los niños en situaciones de conflicto armado.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

24. Adoptaremos medidas para eliminar todas las formas de discriminación contra la mujer, y para poner fin a la violencia contra mujeres y niños, así como a la explotación sexual y a toda otra forma de trata de seres humanos. A fin de impedir dichos delitos promoveremos, entre otras medidas, la adopción de leyes nuevas o más rigurosas que permitan exigir responsabilidades a los culpables de tales actos, y reforzar la protección de las víctimas. Elaboraremos y aplicaremos asimismo medidas para promover los derechos y los intereses de los niños en situaciones de conflicto armado y post- conflicto, especialmente de los niños refugiados o internamente desplazados. Prohibiremos todo servicio armado obligatorio de personas menores de 18 años.

Bruselas 2006 (Decisión nº 15/06 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial,

Consciente de que la explotación sexual de los niños es un problema grave y de gran alcance en toda la región de la OSCE y fuera de ella, con múltiples manifestaciones intervinculadas de todo tipo de formas de explotación sexual de niños, incluidas la prostitución, la pornografía infantil, 4 la trata de niños para su explotación sexual, el turismo sexual y el matrimonio forzado de niños,

Consciente también de que la explotación sexual de los niños viola la dignidad humana y atenta gravemente contra el disfrute de los derechos humanos y de las libertades fundamentales,

Considerando que la explotación sexual de los niños constituye un atroz y grave crimen en el que en muchos casos interviene la delincuencia organizada, y que hay que prevenir, investigar, llevar ante los tribunales y castigar por todos los medios posibles,

Subrayando la necesidad de abordar la amplia gama de factores que contribuyen a que los niños sean vulnerables ante la explotación sexual, incluidas las disparidades económicas, la falta de acceso a la educación y la discriminación, especialmente la discriminación por razones de género, así como la necesidad de contrarrestar la demanda de pornografía infantil y turismo sexual, y de prevenir los actos de los autores de estos delitos,

233 4.7 Niños

Considerando que la explotación sexual de los niños va en aumento y se está expandiendo mediante el empleo de nuevas tecnologías, como por ejemplo, Internet, (…)

1. Condena la explotación sexual de los niños en todas sus formas, entre las que se pueden citar las siguientes: (a) La prostitución infantil y la pornografía infantil, incluidas las actividades de ofrecer, captar, seducir, proporcionar o reclutar a un niño para tales fines, o lucrarse con la explotación sexual de un niño; (b) Recurrir a la coerción, la fuerza, el fraude, las amenazas, el abuso de confianza o de la autoridad o la influencia sobre un niño, u ofrecer o dar dinero u otras formas de remuneración a cambio de actividades sexuales, especialmente en tiempos de conflicto armado o en situaciones posconflicto; (c) Producir, distribuir, divulgar o transmitir, ofrecer o facilitar de alguna otra forma cualquier tipo de pornografía infantil (por Internet u otra vía informática, o por algún otro medio); (d) Adquirir o estar deliberadamente en posesión de pornografía infantil; (e) Traficar con niños para su explotación sexual;

2. Exhorta a los Estados participantes a alinear su normativa con sus compromisos y obligaciones internacionales a este respecto;

3. Insta a los Estados participantes a que adopten un enfoque integral del problema de la explota- ción sexual de los niños, abordando sus causas profundas y los factores que contribuyen a agra- varlo, incluida la demanda que constituye un factor de fomento de la explotación sexual del niño en todas sus formas, así como a que diseñen estrategias integrales y adopten medidas proactivas encaminadas a prevenir y combatir la explotación sexual de los niños;

4. Insta firmemente a los Estados participantes a que introduzcan toda medida judicial que proceda para enjuiciar la explotación sexual de los niños y prescriban penas eficaces, que sean proporcio- nales a la gravedad del delito y resulten disuasorias. A ese respecto, alienta a los Estados partici- pantes a que estudien toda reforma legal que les permita procesar a sus ciudadanos por delitos sexuales graves contra los niños, aunque se hayan cometido en otro país;

5. Exhorta a los Estados participantes a que refuercen las facultades de sus cuerpos de seguridad para obrar proactivamente en la investigación de estos delitos y denunciarlos, llevando ante los tribunales a los presuntos delincuentes;

6. Hace un llamamiento a los Estados participantes para que brinden protección jurídica, asis- tencia, atención sanitaria adecuada y programas de rehabilitación y reinserción social, a los niños víctimas de la explotación sexual y para que, cuando proceda, velen por el retorno seguro de esos niños a sus hogares;

7. También hace un llamamiento a los Estados participantes para que conciencien a la sociedad, a todos los niveles, acerca del problema de la explotación sexual de los niños;

8. Aconseja a los Estados participantes que introduzcan algún sistema de inscripción registral de datos sobre la explotación sexual de los niños, velando por que esos datos sean plenamente com- patibles e intercambiables, pero sin dejar de respetar la confidencialidad de los datos personales, y les aconseja que desarrollen mecanismos para la investigación de estos delitos y la recopilación de datos sobre los mismos;

234 4.7 Niños

9. Respalda las medidas adoptadas por los Estados participantes en colaboración con las organi- zaciones no gubernamentales (ONG) y con los representantes de los sectores de la economía que sean del caso, por ejemplo, las agencias de viajes, el ramo de la hostelería o el sector de los medios informativos, con miras a ir eliminando la demanda que fomenta la explotación sexual de los niños;

10. Insta a los Estados participantes a que incrementen su cooperación al servicio de la detección e investigación de estos delitos y del procesamiento y castigo de toda persona culpable de explo- tación sexual de los niños;

11. Recomienda que los Estados participantes organicen programas de capacitación concernientes a la explotación sexual de los niños para miembros de su personal judicial y de la policía, y para personas que trabajen en los sectores del turismo, del transporte, de la asistencia social, de la aten- ción sanitaria, así como en la sociedad civil, o en organizaciones religiosas y la educación;

12. Aboga por que las autoridades competentes de los Estados participantes colaboren, sin dejar de respetar su normativa interna en materia de protección de datos personales, con los proveedores de servicios de Internet, con las compañías de tarjetas de crédito, con los bancos y otras corpora- ciones, así como con las ONG que sean del caso, a fin de velar por que toda información relacio- nada con la explotación sexual de los niños sea debidamente inscrita en un registro y actualizada;

13. Recomienda la creación de líneas de emergencia telefónicas o por Internet, tal vez en colabo- ración con ONG, que permitan que los ciudadanos puedan denunciar con carácter confidencial todo caso de explotación sexual de niños del que tengan conocimiento, a fin de que dichas denun- cias sean investigadas por los servicios de seguridad, y de que se pueda prestar a las víctimas y sus familias el apoyo adecuado; (…)

15. Encomienda a los órganos ejecutivos de la OSCE que, en el marco de su respectivo mandato, estudien la manera de alertar e impartir formación a los funcionarios de la OSCE con miras a con- cienciarlos y capacitarlos para responder a la lacra de la explotación sexual de los niños, teniendo en cuenta el Código de Conducta para los funcionarios de la OSCE y la Directiva de personal N° 11 concerniente a la trata de personas;

16. Alienta a los órganos ejecutivos de la OSCE que sean del caso a que, en el marco de sus respec- tivos mandatos, se ocupen del tema de la explotación sexual de los niños, así como de todo vín- 4 culo que tenga dicha explotación con la trata de personas, e insiste en la necesidad de que tanto dichos órganos como los Estados participantes colaboren con otras organizaciones internaciona- les, ONG y sectores de la sociedad civil en la lucha contra esta lacra.

Madrid 2007 (Decisión nº 8/07 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Pide a los Estados participantes que: (…)

235 4.7 Niños

formas de trabajo infantil y la acción inmediata para su eliminación (1999) o, si ya forman parte de él, aplicando sus disposiciones; (…)

Madrid 2007 (Decisión nº 9/07 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial,

Alarmado al observar que el crecimiento de Internet ha generado una enorme expansión global de la proyección y distribución de pornografía infantil y de sus beneficios, especialmente para las organizaciones criminales, (…)

Resuelto a combatir este fenómeno de importancia creciente, incluso incrementando la actividad de la OSCE para ocuparse de él, decide:

1. Animar a los Estados participantes que todavía no lo hayan hecho a establecer un centro ope- rativo nacional u otra estructura apropiada, a aumentar la coordinación y a involucrar al máximo posible la asociación de los sectores público y privado para ocuparse más eficazmente de cuestio- nes relacionadas con la explotación sexual de los niños;

2. Pedir a los Estados participantes que todavía no lo hayan hecho, que recopilen y almacenen información – de conformidad con las disposiciones nacionales para la protección de datos per- sonales – sobre personas convictas de abuso o explotación sexual de niños, a fin de facilitar la detención en caso de reincidencia o supervisar su libertad condicional, y que elaboren, cuando proceda, instrumentos que permitan el intercambio internacional de información, entre agencias encargadas del cumplimiento coercitivo de la ley, acerca de las condenas y las inhabilitaciones de los delincuentes sexuales;

3. Animar a los Estados participantes que todavía no lo hayan hecho a establecer un sistema que permita a los encargados del cumplimiento coercitivo de la ley colaborar con las emisoras públicas y dar rápidamente la voz de alerta cuando se descubra que un niño ha desaparecido, si procede;

4. Instar a los Estados participantes que todavía no lo hayan hecho a que consideren la penaliza- ción de la adquisición y posesión intencionales de pornografía infantil, dado que el hecho de ver y poseer pornografía infantil estimula el crecimiento de esa industria ilícita;

5. Instar a los Estados participantes que todavía no lo hayan hecho a que instalen líneas telefóni- cas nacionales de emergencia para denunciar casos de uso abusivo de niños, incluida la explota- ción sexual de niños en Internet;

6. Pedir a los Estados participantes que apoyen, según proceda, el aumento de la recogida de datos y las investigaciones sobre la explotación sexual de niños y la pornografía infantil en Internet, a fin de delimitar mejor el alcance y las tendencias del problema, y con ello aumentar la efectividad de los programas destinados a luchar contra él;

7. Abogar por que los Estados participantes, de acuerdo con la legislación nacional relativa a la protección de datos personales, no sólo trabajen sobre una base nacional sino también sobre una base internacional con proveedores de servicios de Internet, empresas de tarjetas de crédito, bancos

236 4.7 Niños

y otras sociedades pertinentes a fin de evitar la utilización de Internet para la explotación sexual de los niños e impedir que se sigan métodos de pago, con objeto de hacer el delito menos prove- choso y disminuir así la demanda de pornografía infantil en Internet;

8. Reiterar nuestro llamamiento a los Estados participantes para que faciliten programas de pro- tección jurídica, asistencia, cuidados médicos apropiados, rehabilitación y reintegración de niños víctimas de explotación sexual y, cuando proceda, para que velen por el regreso seguro de niños objeto de tráfico internacional;

9. Instar a los Estados participantes de la OSCE a que prosigan el adiestramiento especializado de profesionales encargados del cumplimiento coercitivo de la ley, así como de personal docente y sanitario, según proceda, en la lucha contra la pornografía infantil en Internet, aprovechando incluso la existencia de programas como los que ofrece el Centro Internacional para Niños Des- aparecidos o Explotados, y encomienda a las estructuras ejecutivas pertinentes de la OSCE que faciliten los contactos a ese respecto;

10. Encargar a las estructuras ejecutivas pertinentes de la OSCE que ayuden a los Estados partici- pantes que lo pidan para la aplicación de la presente decisión y de la Decisión N° 15/06 del Consejo Ministerial, dentro del marco de los recursos disponibles y sin perjuicio para las actividades en vigor;

11. Encargar a la Secretaría de la OSCE que, dentro de los recursos disponibles, establezca en el marco del sitio Web POLIS de su Unidad de Estrategia Policial una sección multilingüe dedicada a luchar contra la explotación sexual de los niños en Internet, y que la sección POLIS cree un foro de expertos en el tema que facilite el acceso de las agencias de los Estados participantes encarga- das del cumplimiento coercitivo de la ley a las mejores prácticas y a las técnicas de investigación o programas informáticos disponibles, así como a la asistencia para la redacción de leyes o modelos legislativos, y que facilite también información para concienciar a los ciudadanos sobre ese pro- blema y vínculos Web para el público; (…)

Helsinki 2008 (Decisiones: Decisión nº 5/08 relativa a la Mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral)

El Consejo Ministerial, (…) 4 7. Pide a los Estados participantes que aún no lo hayan hecho que prevean medidas especiales des- tinadas a la protección y asistencia de los niños víctimas de la trata durante los procedimientos penales, de conformidad con los principios basados en el interés del niño, la no discriminación, la participación y la oportunidad de que el niño sea escuchado; (…)

Basilea 2014 (Declaración sobre los jóvenes)

Nosotros, (…), recordamos los compromisos de la OSCE relativos a los jóvenes y los niños, consa- grados en el Acta Final de Helsinki y en otras decisiones pertinentes de la OSCE, y tomamos nota de los esfuerzos de otras organizaciones internacionales en ese sentido, en particular las Nacio- nes Unidas.

Reconocemos que los jóvenes y los niños exigen una atención especial, y que hay que abordar sus necesidades, sus inquietudes y sus intereses de manera integral.

237 4.7 Niños

Reconocemos asimismo el potencial de los jóvenes para contribuir al desarrollo económico, polí- tico y social, y que pueden apoyar a los Estados participantes en el cumplimiento de los compro- misos en las tres Dimensiones de la OSCE. (…)

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

Expresando nuestra preocupación en particular por los jóvenes, y también los niños, que están siendo víctimas de una radicalización que conduce al terrorismo y que están siendo reclutados como combatientes terroristas extranjeros, y reconociendo la importancia de colaborar con los jóve- nes a fin de prevenir y luchar contra la radicalización de jóvenes que desemboca en el terrorismo, (…)

Pide a los Estados participantes que: (…)

14. Implicar y empoderar a los jóvenes en la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo mediante, entre otras, las siguientes iniciativas: (a) Crear y facilitar el entorno y las oportunidades para que los jóvenes puedan participar e impli- carse voluntaria y libremente en la vida pública y en el fomento de los derechos humanos, las libertades fundamentales, los principios democráticos, el Estado de derecho, la tole- rancia, la no discriminación, el diálogo, el respeto y la comprensión mutuos, y facilitar su acceso a los servicios sociales; (b) Apoyar a los jóvenes que deseen contribuir a esas iniciativas, mediante proyectos educativos en escuelas e instituciones de educación superior; (c) Apoyar también iniciativas de concienciación lideradas por jóvenes y centradas en ellos, por ejemplo, en Internet y en las redes sociales, a fin de prevenir y combatir la radicalización que pueda conducirles al terrorismo, y promover el respeto de los derechos humanos, las libertades funda- mentales, la tolerancia y la no discriminación; (d) Fomentar programas que faciliten el acceso de los jóvenes al mundo laboral;

Belgrado 2015 (Declaración sobre los jóvenes y la seguridad)

Nosotros, (…), recordamos los compromisos de la OSCE relacionados con los jóvenes, que se basan en las disposiciones pertinentes del Acta Final de Helsinki.

Tomamos nota de las iniciativas desarrolladas por la anterior y la actual Presidencias de la OSCE, y subrayamos la importancia de fomentar el cumplimiento de los compromisos de la OSCE con respecto a los jóvenes, especialmente en el ámbito de la educación y del papel que estos pueden desempeñar para ayudar a los Estados participantes a cumplir los compromisos de la Organiza- ción en sus tres Dimensiones.

Reconocemos que los jóvenes y los niños requieren una atención especial y que sus necesidades, inquietudes e intereses deberían abordarse de una manera integral.

238 4.7 Niños

Milán 2018 (Decisión 5/18 relativa al desarrollo del capital humano en la Era Digital) (…)

Milán 2018 (Declaración sobre el papel de los jóvenes en la contribución a las iniciativas en pro de la paz y la seguridad)

1. Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización 4 para la Seguridad y la Cooperación en Europa, reconocemos que los jóvenes son una parte impor- tante de la sociedad, y también el papel que estos pueden desempeñar para ayudar a los Estados participantes a cumplir sus compromisos en las tres Dimensiones.

2. Recordamos los compromisos de la OSCE relacionados con los jóvenes, que se fundamentan en las disposiciones pertinentes del Acta Final de Helsinki, la Declaración sobre los jóvenes del Con- sejo Ministerial de Basilea de 2014, y la Declaración sobre los jóvenes y la seguridad del Consejo Ministerial de Belgrado de 2015.

3. Tomamos nota de las resoluciones (…) relativas a los jóvenes en el mantenimiento de la paz y la seguridad internacionales.

4. Tomamos nota de los esfuerzos de la actual y de anteriores Presidencias de la OSCE, así como de la labor realizada por los Estados participantes con objeto de promover la agenda dedicada a los jóvenes, la paz y la seguridad, como por ejemplo, la conferencia de la OSCE “Trabajar con los

239 4.8 Personal de las fuerzas armadas

jóvenes y para los jóvenes: Fortalecimiento de la seguridad y de la cooperación en línea”, celebrada en Málaga (España), los días 25 y 26 de mayo de 2017.

5. Reconocemos el papel que pueden desempeñar los jóvenes para contribuir a una cultura de paz, diálogo, justicia y de coexistencia pacífica, confianza y reconciliación.

6. Invitamos a los Socios para la Cooperación a que se adhieran voluntariamente a nuestra inicia- tiva haciendo suya esta declaración.

Tirana 2020 (Decisión 6/20 relativa a la prevención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia) (…)

1. Insta a los Estados participantes a prevenir y combatir la corrupción mediante: (…)

(i) El apoyo a la formación de los jóvenes, de conformidad con los sistemas educativos nacionales, acerca de la importancia de la buena gobernanza, incluida la transparencia, así como de la preven- ción y la lucha contra la corrupción, también a través de la promoción del dominio de las tecnolo- gías digitales, e incrementar las medidas de concienciación promoviendo, por ejemplo, iniciativas conjuntas y la colaboración entre los sectores público y privado y la sociedad civil;

4.8 Personal de las fuerzas armadas

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

27. Cada Estado participante garantizará que el reclutamiento o la llamada a filas de personas para que presten servicio en sus fuerzas militares, paramilitares y de seguridad sea compatible con sus obligaciones y compromisos con respecto a los derechos humanos y las libertades fundamentales.

32. Cada Estado participante velará por que el personal que sirva en sus fuerzas militares, parami- litares y de seguridad pueda disfrutar y ejercer sus derechos humanos y libertades fundamentales

240 4.9 Personas detenidas o en prisión

recogidos en los documentos de la CSCE y el derecho internacional, de conformidad con las dis- posiciones constitucionales y legales pertinentes y con las necesidades del servicio.

33. Cada Estado participante establecerá procedimientos jurídicos y administrativos apropiados para proteger los derechos de todo el personal de sus fuerzas armadas.

4.9 Personas detenidas o en prisión

Ver también: II. 2.4: Estado de derecho II. 3.1.4: Protección frente al arresto y la detención arbitrarias

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes (…)

(23.2) – asegurarán que todo individuo detenido o preso sea tratado con humanidad y con el res- peto debido a la dignidad inherente a toda persona humana; (23.3) – observarán las Reglas mínimas de las Naciones Unidas para el Tratamiento de los Reclu- sos, así como el Código de conducta de las Naciones Unidas para funcionarios encargados de hacer cumplir la ley;

Copenhague 1990

(15) Los Estados participantes facilitarán el traslado de personas condenadas, y alentarán a los Estados participantes, que aún no sean partes de la Convención sobre el traslado de personas condenadas, firmada en Estrasburgo el 21 de noviembre de 1983, a que estudien la posibilidad de adherirse a dicha convención.

Moscú 1991 4 (23) Los Estados participantes tratarán a todas las personas privadas de libertad con humanidad y el respeto debido a la dignidad inherente a toda persona humana y respetarán las normas reco- nocidas internacionalmente que se refieran a la administración de justicia y a los derechos huma- nos de las personas detenidas. (…)

(vi) toda persona detenida o presa tenga derecho a notificar, sin demora indebida, a las personas de su elección, su arresto, detención o prisión y su paradero, o a exigir que la autoridad compe- tente efectúe esa notificación; cualquier restricción al ejercicio de este derecho será prescrita por la ley y estará en conformidad con normas internacionales; (vii) se adopten, si no se ha hecho ya, medidas efectivas para garantizar que los órganos encarga- dos de la aplicación de la ley no aprovechen indebidamente la situación de una persona detenida o privada de libertad con el fin de obligarla a confesar o incriminarse, o forzarla a testimoniar en contra de otra persona;

241 4.9 Personas detenidas o en prisión

(viii) se registre y certifique la duración de los interrogatorios y los intervalos entre ellos, de con- formidad con el derecho interno; (ix) toda persona detenida, o su abogado, tenga derecho a formular una petición o queja con res- pecto al trato recibido, en particular cuando haya habido tortura u otros tratos crueles, inhuma- nos o degradantes, ante las autoridades responsables de la administración del lugar de la detención y ante autoridades superiores y, cuando proceda, ante las autoridades adecuadas que tengan poder de revisión o recurso; (x) dicha petición o queja sea despachada rápidamente y se le dé contestación sin indebida demora; si la petición o queja fuera rechazada o en caso de demora anormal, el demandante estará autori- zado a someterla ante una autoridad judicial u otra; ni la persona detenida o privada de libertad ni el demandante sufrirán perjuicio por formular una petición o queja; (…)

(23.2) Los Estados participantes (i) se esforzarán por adoptar medidas, según proceda, encaminadas a mejorar las condiciones de las personas detenidas o privadas de libertad; (ii) prestarán especial atención a la cuestión de las alternativas a la prisión.

Bruselas 2006 (Declaración de Bruselas sobre los sistemas de justicia penal)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

4. Alienta a los Estados participantes (…) a que prosigan y redoblen sus esfuerzos por intercam- biar información y prácticas recomendadas y que refuercen el Estado de derecho, entre otros en los ámbitos siguientes:

4. (…) administración efectiva de la justicia, (…) derecho a recibir asistencia letrada, y respeto de los derechos humanos de las personas detenidas;

242 4.9 Personas detenidas o en prisión

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

Tomando nota de que la radicalización que conduce al terrorismo y la captación por parte de terro- ristas pueden tener lugar en centros penitenciarios, y afirmando, por consiguiente, la importancia de elaborar y compartir, según proceda, directrices internacionales sobre reinserción, rehabilita- ción y prevención de la radicalización que conduce al terrorismo en los centros penitenciarios, (…)

Tirana 2020, (Decisión nº 7/20 relativa a la prevención y erradicación de la tortura y otros tratos o penas crueles, inhumanos o degradantes) (…)

Pide a los Estados participantes que: (…)

6. Apliquen salvaguardias jurídicas y procesales eficaces en todas las etapas de la detención, inclui- das las primeras etapas de la custodia policial;

243 4.9 Personas detenidas o en prisión

misma sin dilaciones indebidas, y que ni la persona detenida o presa ni ningún denunciante o tes- tigo sufran perjuicios o represalias como consecuencia de su solicitud, denuncia o cualquier tes- timonio prestado; (…)

244 5. Compromisos relativos a la igualdad, tolerancia y no discriminación 5.1 Cláusulas de igualdad y no discriminación

5.1 Cláusulas de igualdad y no discriminación

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1.(a) Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes; Principios IX)

Reafirmando el compromiso de respetar los derechos humanos y las libertades fundamentales (…) sin distinción de raza, sexo, idioma o religión, (…),

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(13.7) – garantizarán a todas las personas presentes en su territorio y sujetas a su jurisdicción el goce de sus derechos humanos y libertades fundamentales, sin hacer distinción alguna por moti- vos de raza, color, sexo, idioma, religión, opinión política o de cualquier otra índole, origen nacio- nal o social, posición económica, nacimiento o cualquier otra condición; (13.8) – velarán por que ninguna persona que ejerza esos derechos o libertades, o que exprese la intención de ejercerlos o procure ejercerlos, así como cualquier miembro de su familia, sea, como consecuencia de ello, objeto de discriminación alguna;

Copenhague 1990

(5.9) – todas las personas son iguales ante la ley y tienen derecho, sin ninguna discriminación, a una protección igual por parte de la ley. A este respecto, la ley prohibirá cualquier discrimina- ción y garantizará a todas las personas una protección igual y efectiva contra discriminaciones por cualquier motivo; (…)

(25.3) – las medidas de derogación de las obligaciones se limitarán al alcance estrictamente reque- rido por las exigencias de la situación; (25,4) dichas medidas no impondrán discriminaciones solamente por motivos de raza, color, sexo, idioma, religión, origen social o pertenencia a una minoría. (…)

246 5.2 Igualdad de derechos entre hombres y mujeres

5.2 Igualdad de derechos entre hombres y mujeres

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

[Los Estados participantes] subrayan la importancia de garantizar la igualdad de derechos de hombres y mujeres; acuerdan, en consecuencia, adoptar cuantas medidas sean necesarias para promover la participación igualmente efectiva de hombres y mujeres en la vida política, econó- mica, social y cultural.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(15) Los Estados participantes confirman su determinación de garantizar iguales derechos a los hom- bres y a las mujeres. En consecuencia, tomarán todas las medidas necesarias, incluidas las medidas legislativas, para promover la participación igualmente real de los hombres y las mujeres en la vida política, económica, social y cultural. Considerarán la posibilidad de adherirse, si aún no lo han hecho, a la Convención sobre la eliminación de todas las formas de discriminación contra la mujer.

Moscú 1991

(40) Los Estados participantes reconocen que la plena y verdadera igualdad entre hombres y mujeres es un aspecto fundamental de una sociedad justa y democrática basada en el estado de derecho. Reco- nocen que el pleno desarrollo de la sociedad y el bienestar de todos sus miembros requieren igual- dad de oportunidades para una plena e igual participación de hombres y mujeres. En este contexto (40.1) – reconocen que el pleno desarrollo de la sociedad y el bienestar de todos sus miembros requieren igualdad de oportunidades para una plena e igual participación de hombres y mujeres. (40.2) – cumplirán plenamente las disposiciones de la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, si son partes en ella, y, si todavía no lo son, conside- rarán la posibilidad de ratificar dicha Convención o adherirse a la misma; los Estados que hayan ratificado dicha Convención o se hayan adherido a ella formulando reservas, considerarán la posi- bilidad de retirarlas; (40.3) – cumplirán efectivamente las obligaciones establecidas en los instrumentos internacionales en que sean partes y adoptarán medidas adecuadas para aplicar las Estrategias orientadas hacia el futuro para el adelanto de la mujer (Naciones Unidas, Nairobi); (40.4) – afirman que su objetivo es alcanzar, no sólo de derecho sino también de hecho, la igualdad de oportunidades entre hombres y mujeres, y fomentar la adopción de medidas efectivas para tal fin; (40.5) – establecerán o fortalecerán, según convenga, el mecanismo nacional destinado al pro- greso de la mujer con el fin de garantizar que los programas y políticas se evalúen en función de sus consecuencias para la mujer; 5 (40.6) – establecerán o fortalecerán, según convenga, el mecanismo nacional destinado al pro- greso de la mujer con el fin de garantizar que los programas y políticas se evalúen en función de sus consecuencias para la mujer; alentarán la adopción de medidas efectivas para garantizar ple- namente las oportunidades económicas de la mujer, incluidas políticas y prácticas de empleo no discriminatorias, igualdad de acceso a la educación y formación, y medidas destinadas a facilitar la combinación del empleo con las responsabilidades familiares de los trabajadores, tanto muje- res como hombres; y tratarán de garantizar que las políticas y programas de ajuste estructural no tengan efectos discriminatorios perjudiciales para la mujer;

247 5.2 Igualdad de derechos entre hombres y mujeres

(40.7) – tratarán de eliminar todas las formas de violencia contra las mujeres y todas las formas de trata de mujeres y de explotación de la prostitución femenina, incluso estableciendo prohibiciones jurídicas adecuadas contra esos actos y otras medidas adecuadas; (40.8) – alentarán y fomentarán la igualdad de oportunidades para la plena participación de la mujer en todos los aspectos de la vida política y pública, en los procesos de adopción de decisio- nes y en la cooperación internacional en general; (40.9) – reconocerán el papel fundamental que las mujeres y las organizaciones femeninas desem- peñan en los esfuerzos nacionales e internacionales destinados a fomentar y mejorar los derechos de la mujer, entre otras cosas, proporcionando servicios y apoyo directos a las mujeres y alen- tando una asociación significativa entre los gobiernos y dichas asociaciones con el fin de fomen- tar la igualdad de la mujer; (40.10) – reconocerán la valiosa contribución de la mujer a todos los aspectos de la vida política, cultural, social y económica, y fomentarán un amplio entendimiento de lo que son esas contribu- ciones, incluso en los sectores no estructurado y no remunerado; (40.11) – adoptarán medidas para que la información relativa a la mujer y a los derechos de la mujer en virtud del derecho interno y el derecho internacional sea fácilmente accesible; (40.12) – desarrollarán políticas educativas compatibles con sus sistemas constitucionales para apoyar la participación de la mujer en todas las esferas de estudio y trabajo, incluidas las no tradi- cionales, y alentarán y fomentarán un mayor entendimiento de las cuestiones relativas a la igual- dad entre hombres y mujeres; (40.13) – garantizarán la compilación y el análisis de datos para evaluar adecuadamente, super- visar y mejorar la situación de la mujer; estos datos no deberían contener información personal.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

23. El pleno y equitativo ejercicio por la mujer de sus derechos humanos es un factor indispensa- ble para conseguir un área de la OSCE más pacífica, próspera y democrática. Estamos decididos a hacer que la igualdad entre hombres y mujeres forme parte integrante de nuestras políticas, tanto a nivel de nuestros Estados como en el seno de la Organización. (…)

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

2. Decide intensificar sus esfuerzos por aumentar la participación de la mujer y su función al ser- vicio de la democratización y el desarrollo económico, y que se examine la posibilidad de incorpo- rar las disposiciones del Plan de Acción de la OSCE para la equiparación de la mujer a la política nacional, dondequiera que sean aplicables. Decide además intensificar sus esfuerzos por lograr la paridad entre los sexos a todos los niveles del personal de la OSCE, teniendo además plenamente en cuenta a este respecto el principio de que dicho personal debe ser contratado con equidad entre ciudadanos de todos los Estados participantes. (…)

248 5.2 Igualdad de derechos entre hombres y mujeres

Sofía 2004 (Decisión nº 14/04; Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

El Consejo Ministerial, (…)

Consciente de que la igualdad de derechos entre mujeres y hombres, y el amparo de sus derechos humanos es un factor esencial para la paz, la democracia sostenible y el desarrollo económico y, por tanto, para la seguridad y la estabilidad en toda la región de la OSCE, (…)

Consciente de la necesidad de incorporar adecuadamente una perspectiva de género a las activida- des llevadas a cabo bajo la égida de la OSCE, y de que los Estados participantes tomen toda medida que sea necesaria para promover la igualdad de derechos y la participación plena y equitativa de la mujer y del hombre en la sociedad, con objeto de fomentar la práctica de la igualdad entre los géneros y la incorporación de una perspectiva de género en toda el área de la OSCE, como factor esencial de una seguridad genuinamente integral, (…)

Decide hacer suyo el Plan de Acción 2004 para el Fomento de la Igualdad entre los Géneros, apro- bado por el Consejo Permanente en su Decisión n° 638, de 2 de diciembre de 2004, que figura en anexo a la presente Decisión.

Sofía 2004 (Anexo a la Decisión nº 14/04: Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros)

(…)

3. La adopción efectiva de una perspectiva de género, en aras de la igualdad, es un factor impor- tante para el pleno aprovechamiento del capital humano disponible en el área de la OSCE. La igual- dad entre los géneros coadyuvará a la seguridad global de dicha área, que constituye la meta de la actividad desplegada por la OSCE en cada una de sus tres Dimensiones. La adopción de una pers- pectiva de género es una de las vías a seguir para el logro de dicha meta. Esa perspectiva deberá, por ello, ser tenida en cuenta en las actividades, proyectos y programas de la OSCE, a fin de que la Organización logre equiparar al personal de uno y otro género en el marco de sus propias opera- ciones, y obre en aras de lograrlo en cada Estado participante. El fomento de la igualdad entre el hombre y la mujer, como factor integrante de la política y de las prácticas de la OSCE, constituye una responsabilidad conjunta que ha de ser asumida, como tal, por los Estados participantes, el Presidente en ejercicio, el Secretario General, y los jefes de institución y de misión. Deberá tenerse presente, al emprender esta tarea, que para que la igualdad entre los géneros llegue a ser realidad, en cualquier esfera o a cualquier nivel de la sociedad, es preciso que tanto el hombre como la mujer perciban el provecho que les reportará dicho cambio. 5 (…)

8. Toda política de equiparación de los géneros requiere una atención sistemática, coherente y plu- ridimensional a las perspectivas de género (…) así como la creación de mecanismos de supervi- sión y examen adecuados. (…)

249 5.2 Igualdad de derechos entre hombres y mujeres

IV. Fomento de la Igualdad entre uno y otro género en los estados participantes

41. Los Estados participantes serán los principales responsables, a título tanto individual como colectivo, del cumplimiento de sus compromisos en materia de igualdad de derechos y de oportu- nidades para el hombre y la mujer, y deberán rendir cuenta, al respecto, ante sus propios ciudada- nos; se han comprometido a integrar la igualdad entre el hombre y la mujer en sus políticas tanto a nivel nacional como en el seno de la Organización. Velarán por que se aprovechen plenamente los foros pertinentes de la OSCE para examinar la aplicación de los compromisos de la Organiza- ción relativos a la igualdad entre hombres y mujeres.

42. Se recomienda, por tanto, a los Estados participantes que: • velen por que la Organización elabore políticas que promuevan efectivamente la igualdad entre los géneros, y tenga en cuenta la perspectiva de género en toda nueva propuesta e iniciativa; • establezcan nuevos mecanismos o refuercen los ya existentes para velar por la igualdad entre los géneros, brindando los servicios de una persona u órgano imparcial e independiente, como por ejemplo, un Defensor del Pueblo o un Comisario para derechos humanos que se ocupe de casos de discriminación contra ciudadanos particulares; • se adhieran a las normas y compromisos internacionales que hayan asumido en materia de igualdad, no discriminación y amparo de los derechos de la mujer y de las menores de edad, y los cumplan plenamente; • acaten la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, si son parte en ella, o estudien adherirse a la misma o ratificarla si no lo han hecho todavía. Los Estados que hayan ratificado dicha Convención o se hayan adherido a la misma con reser- vas estudiarán la posibilidad de retirar tales reservas. Se apela también a todo Estado que sea ya parte en la Convención sobre la Eliminación de todas las formas de discriminación contra la mujer para que estudie la posibilidad de ratificar el Protocolo Facultativo de dicha Convención; • si son ya parte en la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, en el Pacto Internacional de Derechos Civiles y Políticos o/y en el Pacto Inter- nacional de Derechos Económicos, Sociales y Culturales, se recomienda también a los Estados participantes que informen periódica y oportunamente a sus respectivos órganos, y recaben la colaboración de organizaciones femeninas, al ir a preparar sus informes; • Adopten toda medida adicional que sea necesaria para conseguir un entorno seguro y el pleno amparo de la ley para sus ciudadanas, (…) (…) • aprovechen la experiencia de la OSCE en la formulación de políticas y estrategias pluridimensio- nales en materia de igualdad de los géneros e incorporen en el seguimiento de dichas políticas técnicas de análisis desglosadas por géneros y mecanismos de supervisión que permitan eva- luar el impacto de las políticas y las estrategias de género, a fin de determinar y eliminar todo obstáculo que dificulte su plena aplicación.

250 5.2 Igualdad de derechos entre hombres y mujeres

Liubliana 2005 (Decisión nº 14/05 relativa a la mujer en la prevención de conflictos, la gestión de crisis y la rehabilitación posconflicto)

El Consejo Ministerial, (…)

Reconociendo que el saber, la pericia y la experiencia tanto de los hombres como de las mujeres son un factor esencial para consolidar la paz, la democracia sostenible y el desarrollo económico, y por tanto para la seguridad y la estabilidad en la región de la OSCE,

Reconociendo además que la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas sobre la mujer y la paz y la seguridad vincula la equiparación de los géneros con la segu- ridad, centrando su atención en la función que corresponde a la mujer en asuntos de paz y segu- ridad a todos los niveles, (…)

Insistiendo en la importancia que tiene la participación plena y en pie de igualdad de la mujer en todas las fases de la prevención y resolución de conflictos, así como en la consolidación de la paz,

Reconociendo la necesidad de que la OSCE dé pasos concretos para integrar a la mujer en sus acti- vidades de prevención de conflictos, gestión de crisis y rehabilitación posconflicto, adoptando, por ejemplo, medidas destinadas a:

1. Velar por la aplicación proactiva en el seno de la Organización del Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, que fue aprobado por el Consejo Perma- nente, en su Decisión n° 638 de 2 de diciembre de 2004,

2. Incorporar, cuando proceda, a las actividades de la OSCE, aquellas partes de la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas que versan sobre la función que corres- ponde a la mujer en todos los niveles de la prevención de conflictos, la gestión y resolución de cri- sis, y la rehabilitación posconflicto,

3. Alentar a los Estados participantes a crear listas nacionales de candidatas (como se pedía en el párrafo 22 del Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros) y a adoptar medidas eficaces para asegurarse de que las mujeres están plenamente informadas de los puestos disponibles en la esfera de la prevención de conflictos y la rehabilitación posconflicto, particularmente de los que sean de rango superior, y para animarlas a que los soliciten,

4. Pedir a los Estados participantes que presenten más candidatas para puestos de jefe de institu- ción y de misión, así como para otros puestos directivos de la OSCE,

5. Alentar positivamente la contratación de mujeres para ocupar puestos en las presencias de la 5 OSCE sobre el terreno, particularmente de rango directivo, a fin de lograr que un número impor- tante de presencias sobre el terreno estén encabezadas por mujeres,

6. Pedir, conforme proceda, a los Estados participantes y a las estructuras de la OSCE que res- palden y alienten la preparación de programas educativos y de capacitación destinados en buena parte a mujeres y niñas, así como otros proyectos cuyo objetivo sea fomentar la participación de la mujer en la consolidación de una paz sostenible; y procuren además dotar de mayor potencial a las organizaciones de mujeres; respaldar las iniciativas de paz emprendidas por mujeres a través de los medios informativos y de talleres sobre derechos humanos y equiparación de géneros, y con- cienciar a las mujeres acerca de la importancia que tiene su participación en los procesos políticos,

251 5.2 Igualdad de derechos entre hombres y mujeres

7. Pedir también, conforme proceda, a los Estados participantes y a las estructuras de la OSCE que formulen políticas destinadas a alentar la participación plena y en pie de igualdad de la mujer y de las organizaciones femeninas en la prevención y la resolución de conflictos y en la rehabilitación posconflicto, que fomenten y respalden el intercambio de experiencias y mejores prácticas y que además participen en iniciativas de paz promovidas por mujeres,

8. Pedir asimismo a los Estados participantes que tengan en cuenta la importancia de la función que corresponde a las mujeres y niñas y de atender a sus necesidades particulares, a la hora de aplicar sus políticas de protección social y de dar soluciones duraderas en materia de regreso voluntario, reasentamiento, rehabilitación y reinserción o repatriación de refugiados y personas internamente desplazadas en condiciones de seguridad y dignidad,

9. Recomendar a los Estados participantes que evalúen periódicamente su labor en materia de equi- paración de géneros en todo proceso de prevención o gestión de conflictos y de rehabilitación, y que hagan públicas esas evaluaciones a fin de que puedan utilizarse para impartir capacitación al ser- vicio de esa equiparación, así como para dar el cumplimiento debido a los compromisos conexos y aumentar la sensibilización acerca de la importancia de dichos compromisos,

Decide: • Encargar al Secretario General que, en su informe anual sobre los progresos realizados en la aplicación de la Decisión n° 638 del Consejo Permanente relativa al Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, mencione en particular la aplicación en el seno de la Organización de todo párrafo de la resolución 1325 (2000) del Consejo de Seguri- dad de las Naciones Unidas que sea pertinente para la OSCE; • Encarga a la Secretaría que, en el contexto de los objetivos fijados en el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros, elabore, en colaboración con los Esta- dos participantes, • Medidas destinadas a incrementar sustancialmente el número de mujeres en la Secretaría de la OSCE, así como en las instituciones y las operaciones sobre el terreno, en particular a nivel de cargos de rango superior y directivo; • Encarga a las estructuras e instituciones de la OSCE que elaboren o ajusten todo proyecto, estra- tegia e iniciativa que sea del caso, y que emprendan otras actividades, particularmente con miras al intercambio de información con las Naciones Unidas, a fin de dar cumplimiento a los com- promisos enunciados en la presente decisión; • Invita a los Estados participantes de la OSCE y a las instituciones de la OSCE a que informen a la Conferencia Anual para el Examen de la Seguridad acerca de los progresos efectuados en orden al cumplimiento de los compromisos enunciados en la presente decisión.

Atenas 2009 (Decisión nº 7/09 relativa a la participación de la mujer en la vida pública y política)

El Consejo Ministerial, (…)

Preocupado porque la discriminación generalizada de la mujer continúa impidiendo su participa- ción eficaz en todos los ámbitos de la vida pública y política,

252 5.2 Igualdad de derechos entre hombres y mujeres

(…)

Recordando la resolución 1325 (2000) del Consejo de Seguridad de las Naciones Unidas, que pide una participación plena y en pie de igualdad de las mujeres en la adopción de decisiones relacio- nadas con la prevención de conflictos, así como con la reconstrucción posconflicto, y subrayando la importancia de su participación e implicación plenas e igualitarias en todos los esfuerzos des- tinados al mantenimiento y la promoción de la paz y la seguridad,

Tomando nota de la resolución 1889 (2009) del Consejo de Seguridad de las Naciones Unidas, que insta a las organizaciones regionales e internacionales a que sigan adoptando medidas para mejo- rar la participación de la mujer en todas las etapas de los procesos de paz,

Observando que el 18 de diciembre de 2009 se cumplirá el 30° aniversario de la Convención sobre la eliminación de todas las formas de discriminación contra la mujer, cuyo objetivo es acabar con la discriminación de la mujer en la vida pública y política, y señalando que el 10 de diciembre se cumple el 10° aniversario de la apertura a la firma del Protocolo de dicha Convención,

Reconociendo la posibilidad de que la mujer tenga que afrontar obstáculos adicionales, además de los basados en cuestiones de género, en su participación en la vida pública y política,

Pide a los Estados participantes que:

5. Desarrollen e introduzcan, cuando sea necesario, procesos participativos y abiertos que mejo- ren la implicación de hombres y mujeres en todas las fases de la elaboración de políticas, progra- mas y normativas; 5 6. Faciliten la contribución en pie de igualdad de hombres y mujeres a las iniciativas destinadas al fomento de la paz;

7. Tomen las medidas necesarias para establecer, cuando proceda, mecanismos nacionales efecti- vos con miras a evaluar la representación y participación igualitaria de la mujer;

8. Apoyen, cuando proceda, a organizaciones no gubernamentales y centros de investigación en la elaboración de estudios específicos e iniciativas de concienciación ciudadana, para identificar los

253 5.2 Igualdad de derechos entre hombres y mujeres

desafíos concretos con que se enfrenta la participación de la mujer en la vida pública y política, así como para fomentar la igualdad de oportunidades entre hombres y mujeres;

Vilnius 2011 (Decisión nº 10/11 relativa al fomento de la igualdad de oportunidades para la mujer en la esfera económica) (…)

Reconociendo que la participación de la mujer en el ámbito económico contribuye de manera significativa a la recuperación económica, al crecimiento sostenible y a la creación de sociedades cohesivas, por lo que resulta esencial para la seguridad y la estabilidad de la región de la OSCE.

Observando con preocupación las continuas desigualdades que deben afrontar las mujeres en la región de la OSCE en materia de participación en el mercado laboral, incluida la segregación labo- ral; disparidades en cuanto al acceso a la protección social, así como al empleo de calidad a tiempo completo; y la lentitud de los avances conseguidos por las iniciativas encaminadas a superar las diferencias salariales por un mismo trabajo, lo que tiene como resultado una reducción de ingre- sos y pensiones a lo largo de su vida y un aumento de la pobreza entre las mujeres,

Preocupado porque sigue siendo escasa la representación de la mujer en puestos de liderazgo eco- nómico y en los procesos decisorios tanto en el sector público como en el privado,

Preocupado asimismo por la persistencia de restricciones a la participación efectiva de la mujer en el ámbito económico, concretamente en relación con el acceso y el control de recursos econó- micos y financieros tales como la concesión de créditos y los derechos de propiedad y sucesión,

Reconociendo la necesidad de que se mejore la recopilación sistemática de información desglosada por sexos y de que se lleven a cabo estudios sobre la igualdad de oportunidades en el ámbito econó- mico, con objeto de disponer de una base para la planificación de políticas y medidas a ese respecto,

Recordando la necesidad de acometer políticas económicas y sociales cuyo objetivo sea abordar las causas últimas de la trata de seres humanos, y concretamente eliminar la discriminación de la mujer en el mundo laboral y combatir aquellos factores económicos que incrementen la vulnera- bilidad de la mujer ante la trata,

Reconociendo la necesidad de seguir supervisando el cumplimiento de los compromisos exis- tentes para eliminar la discriminación de la mujer y fomentar la igualdad de oportunidades en el ámbito económico,

con el objetivo de identificar e intercambiar prácticas recomendables y de desarrollar enfoques efi- caces, también en el seno de la Organización y sus estructuras ejecutivas, (…)

Reconociendo que, para participar en el ámbito económico, la mujer puede verse obligada a enfren- tarse con otro tipo de barreras además de aquellas propiamente basadas en el género,

254 5.2 Igualdad de derechos entre hombres y mujeres

Pide a los Estados participantes que:

1. Recopilen y analicen información a fin de identificar y combatir los obstáculos que impiden a las mujeres desarrollar todo su potencial en el ámbito económico y, (…) brinden su apoyo a organi- zaciones no gubernamentales y centros de investigación para que realicen estudios específicos, en los que se incluyan también prácticas recomendables;

2. Evalúen la asignación de recursos presupuestarios para fomentar la igualdad de géneros en el ámbito económico y tomen medidas concretas para conseguir la igualdad de oportunidades para la participación de la mujer en el mundo económico y un acceso equitativo a la protección social, y para que se apoye el acceso de la mujer a un empleo de calidad, así como a tiempo completo y/o autónomo;

3. Faciliten el desarrollo del espíritu emprendedor de la mujer y de otras capacidades relacionadas con el mundo laboral, e incorporen aspectos basados en el género, dirigidos específicamente a la mujer, en sus políticas migratorias con el objetivo de, entre otras cosas, combatir la trata de seres humanos y el riesgo de volver a ser víctimas de la trata;

4. Pongan en marcha o fortalezcan políticas y medidas jurídicas, incluidas medidas de acción positiva según proceda, mediante las que se facilite y proteja la igualdad de oportunidades para la participación de la mujer en el mercado laboral, también a través del desarrollo de centros de cui- dado de menores y guarderías;

5. Identifiquen medidas concretas destinadas a fomentar la igualdad de oportunidades para la mujer en el ámbito económico y, cuando proceda, establezcan mecanismos nacionales efectivos para la supervisión de los progresos conseguidos en este campo, como por ejemplo, la elimina- ción de las diferencias salariales;

6. Fomenten el reparto de las labores domésticas y de las responsabilidades parentales y de cuidado de otras personas, ampliando los plazos de baja por paternidad; promoviendo políticas y prácti- cas de empleo no discriminatorias y la igualdad de acceso a la educación y la formación; tomando medidas que faciliten la conciliación entre la vida familiar y laboral; y buscando la manera de velar por que toda política o programa de ajuste estructural no conlleve efectos adversos o discrimina- torios para la mujer;

7. Apoyen el desarrollo del entorno necesario para que se lleven a cabo con éxito la formulación y la aplicación de políticas, mediante información específica y actividades de concienciación rela- cionadas con los beneficios que conllevan las medidas adoptadas con el fin de fomentar la igual- dad de oportunidades para la participación de la mujer en el ámbito económico y para combatir la exclusión social de la mujer y su discriminación;

8. Introduzcan medidas en el sector privado y participen en un diálogo conjunto a fin de brin- 5 dar igualdad de oportunidades para la promoción profesional de la mujer y eliminar las diferen- cias salariales;

9. Desarrollen y fortalezcan medidas, hasta donde sea posible, que conlleven un aumento de la diversificación en aquellos sectores laborales que tradicionalmente han sido desempeñados por hombres o por mujeres;

10. Se alienta a los Socios para la Cooperación a que pongan en práctica a título voluntario las dis- posiciones de la presente decisión.

255 5.2 Igualdad de derechos entre hombres y mujeres

Dublín 2012 (Declaración sobre el fortalecimiento de la buena gobernanza y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo)

Basilea 2014 (Decisión nº 7/14 relativa a prevenir y combatir la violencia contra la mujer la mujer)

Recordamos el compromiso de respetar los derechos humanos y las libertades fundamentales de todas las personas, sin distinción por motivo de su raza, género, idioma o religión, tal y como quedó consagrado en las disposiciones del Acta Final de Helsinki de 1975.

Recordando que el ejercicio pleno y en igualdad de condiciones de sus derechos humanos por parte de la mujer es esencial para lograr que el área de la OSCE sea más pacífica, próspera y democrática, y que los Estados participantes de la OSCE se han comprometido a que la igualdad entre hombres y mujeres sea parte integrante de sus políticas, tanto a nivel de sus Estados como de las estructu- ras ejecutivas de la Organización, como se declaró en la Cumbre de Estambul de la OSCE de 1999, (…)

Profundamente preocupado por la persistencia de la violencia contra la mujer como una de las violaciones más generalizadas de los derechos humanos en el área de la OSCE, que se manifiesta como violencia física, sexual y psicológica, y reiterando la especial necesidad de adoptar medidas más contundentes para prevenir y combatir la violencia contra la mujer, en la cual la desigualdad entre los géneros puede ser uno de los principales factores contribuyentes, (…)

Pide también a los Estados participantes que velen por la protección y el pleno respeto de los dere- chos humanos y las libertades fundamentales de todas las mujeres; (…)

Milán 2018 (Decisión nº 4/18 relativa a prevenir y combatir la violencia contra la mujer la mujer)

Reafirmando que el fomento y la protección de la igualdad de derechos y oportunidades para todos son esenciales para la democracia y el desarrollo económico, y por tanto para la seguridad, la esta- bilidad y la paz sostenibles en el área de la OSCE,

Decidido a velar por que las mujeres y las niñas disfruten plena y equitativamente de los derechos humanos y las libertades fundamentales, (…)

Reconociendo que la desigualdad entre hombres y mujeres es una causa primordial de la violen- cia contra las mujeres y las niñas y que, concretamente, la discriminación y las desigualdades eco- nómicas, incluida la falta de independencia económica, pueden incrementar la vulnerabilidad de las mujeres frente a la violencia, (…)

256 5.2 Igualdad de derechos entre hombres y mujeres

3. Adopten medidas, si procede, para promover la educación en materia de igualdad de género, derechos humanos y conducta no violenta, contribuyendo así a prevenir todas las formas de vio- lencia contra mujeres y niñas, que pueden incluir: prácticas perjudiciales, violencia sexual, vio- lencia doméstica, así como acoso sexual; (…)

Milán 2018 (Decisión 5/18 relativa al desarrollo del capital humano en la Era Digital) (…)

4. Alienta a los Estados participantes a que, si procede, promuevan la educación, la formación pro- fesional y el reciclaje laboral, en particular para mujeres y niñas, especialmente en los ámbitos de la ciencia, la tecnología, la ingeniería y las matemáticas, como medida esencial para reducir las 5 brechas digitales y progresar en el empoderamiento de la mujer fomentando las oportunidades, especialmente en el ámbito de la economía; (…)

257 5.3 Lucha contra los actos motivados por los prejuicios, la intolerancia y el odio

Tirana 2020 (Decisión nº 6/20 relativa a la prevención y lucha contra la corrupción mediante la digitalización y el aumento de la transparencia) (…)

1. Insta a los Estados participantes a prevenir y combatir la corrupción mediante: (…)

(m) El fomento de la participación plena, equitativa y significativa de la mujer en el desarrollo y la puesta en práctica de actividades pertinentes de lucha contra la corrupción, a fin de conseguir la igualdad de género y teniendo presente que la corrupción afecta de manera desproporcionada a las mujeres y a los colectivos vulnerables;

5.3 Lucha contra los actos motivados por los prejuicios, la intolerancia y el odio

5.3.1 Disposiciones generales

Copenhague 1990

Declaran su firme intención de intensificar los esfuerzos para combatir estos fenómenos en todas sus formas y por consiguiente (…)

(40.2) – se comprometerán a adoptar medidas apropiadas y proporcionadas para proteger a las personas o grupos que puedan ser objeto de amenazas o de actos de discriminación, hostilidad o violencia como consecuencia de su identidad racial, étnica, cultural, lingüística y religiosa, y para proteger sus propiedades;

París 1990 (Carta de París para una Nueva Europa) (…)

Expresamos nuestra determinación de combatir todas las formas de odio racial y étnico, antise- mitismo, xenofobia y discriminación contra cualquier persona, así como la persecución por razo- nes religiosas e ideológicas. (…)

258 5.3.1 Disposiciones generales

Cracovia 1991 (…)

Los Estados participantes expresan su profunda convicción de que comparten los valores comu- nes forjados por la historia y basados, entre otras cosas, en el respeto de la persona, la libertad de conciencia, religión o creencia, la libertad de expresión, el reconocimiento de la importancia de los valores espirituales y culturales, las obligaciones en virtud del estado de derecho, la tolerancia y la apertura al diálogo con otras culturas. (…)

Los Estados participantes respetan la irreemplazable unicidad de todas sus culturas y tratarán de promover un diálogo cultural constante entre ellos y el resto del mundo. Reafirman su creencia de que el respeto de la diversidad cultural favorece el entendimiento y la tolerancia entre perso- nas y grupos. (…)

Helsinki 1992 (Declaración de la Cumbre)

12. (…) por consiguiente, rechazamos cualquier forma de discriminación racial, étnica y religiosa. Hay que enseñar y practicar la libertad y la tolerancia.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(30) Expresan su inquietud por las recientes y flagrantes manifestaciones de intolerancia, discri- minación, nacionalismo agresivo, xenofobia, antisemitismo y racismo y destacan la importancia esencial de la tolerancia,, la comprensión y la cooperación en la realización y la conservación de sociedades democráticas estables;

Roma 1993 (Decisiones: X. Declaración sobre el nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo)

2. Asimismo los Ministros tomaron nota de que esos fenómenos pueden llevar a la violencia, a la secesión mediante el uso de la fuerza y de la lucha étnica y, en sus peores instancias, a las prácticas 5 bárbaras de la deportación de masas, limpieza étnica y violencia contra la población civil inocente.

3. El nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo originan ten- siones étnicas, políticas y sociales dentro de los Estados y entre ellos. También socavan la estabili- dad internacional y los esfuerzos mundiales por colocar a los derechos humanos en una base firme.

4. Los Ministros centraron su atención en la necesidad de tomar medidas urgentes para reforzar la estricta observancia de las normas del derecho humanitario internacional, incluida la prose- cución y castigo de los culpables de crímenes de guerra y otros crímenes contra la humanidad.

259 5.3.1 Disposiciones generales

5. Los Ministros convinieron en que la CSCE debe desempeñar un importante papel en esos esfuer- zos. Las claras normas de comportamiento reflejadas en los compromisos de la CSCE incluyen un soporte activo de la igualdad de trato de todas las personas, de conformidad con el derecho inter- nacional y la protección de las minorías nacionales.

Budapest 1994 (Decisiones: VIII. La dimensión humana: Tolerancia y no discriminación)

25. Los Estados participantes condenan las manifestaciones de intolerancia, especialmente las de nacionalismo agresivo, racismo, chovinismo, xenofobia y antisemitismo, y continuarán fomen- tando medidas efectivas destinadas a su erradicación. (…) Condenan todos los crímenes cometidos en prosecución de la llamada “limpieza étnica” y seguirán prestando su apoyo eficaz al Tribunal Internacional sobre Crímenes de Guerra en la antigua Yugoslavia, establecido en La Haya.

26. Encomian el plan de acción del Consejo de Europa sobre el racismo, la xenofobia, el antisemi- tismo y la intolerancia. Consecuentemente con la Declaración del Consejo de Roma, las institucio- nes de la CSCE estudiarán las posibilidades de trabajar conjuntamente con el Consejo de Europa, así como con las Naciones Unidas y otras organizaciones internacionales.

Lisboa 1996 (Declaración de la Cumbre)

9. (...) Entre los problemas acuciantes que se plantean en el marco de la dimensión humana, las con- tinuas violaciones de los derechos humanos, tales como (...) manifestaciones agresivas de nacio- nalismo, racismo, chovinismo, xenofobia, siguen constituyendo una amenaza para la estabilidad en la región de la OSCE. Nos hemos comprometido a seguir ocupándonos de esos problemas.

Estambul 1999 (Carta sobre la Seguridad Europea: IV. Nuestra respuesta común)

19. (…) Nos comprometemos a responder a toda amenaza contra la seguridad que provenga de vio- laciones de los derechos humanos o de las libertades fundamentales, y en particular de la libertad de pensamiento, de conciencia, de religión o de creencia, así como de manifestaciones de intole- rancia, nacionalismo agresivo, racismo, patrioterismo, xenofobia y antisemitismo. (…)

22. Rechazamos toda política de depuración étnica o de expulsión en masa. (…)

Bucarest 2001 (Anexo a la Decisión 1 sobre la lucha contra el terrorismo y Plan de Acción de Bucarest para la lucha contra el terrorismo)

11. Promoción de los derechos humanos, la tolerancia y el multiculturalismo: Estados partici- pantes/Consejo Permanente/OIDDH/Alto Comisionado para las Minorías Nacionales (ACMN)/ Representante para la Libertad de los Medios de Comunicación: Promoverán y fomentarán la tolerancia, la coexistencia pacífica y las relaciones armoniosas entre los grupos étnicos, religio- sos, lingüísticos o de otro tipo, así como la cooperación constructiva entre los Estados partici- pantes a ese respecto. Proporcionarán alerta temprana sobre los actos de violencia, intolerancia,

260 5.3.1 Disposiciones generales

extremismo y discriminación contra esos grupos y darán respuesta adecuada a dichos actos y, al mismo tiempo, promoverán su respeto por el Estado de derecho, los valores democráticos y las libertades individuales. Se esforzarán por que las personas que pertenecen a minorías naciona- les tengan derecho a expresarse libremente, y a preservar y desarrollar su identidad religiosa, lin- güística, étnica o cultural.

Porto 2002 (Decisión nº 6 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

Reiterando que la democracia y la protección de los derechos humanos y de las libertades fun- damentales constituyen una salvaguardia esencial de la tolerancia y de la no discriminación, así como factores importantes de estabilidad, seguridad, cooperación y desarrollo pacífico en toda la región de la OSCE, y de que a la inversa la tolerancia y la no discriminación son a su vez factores importantes en orden al fomento de los derechos humanos, (…)

Tomando nota de que promover la tolerancia y la no discriminación puede contribuir asimismo a eliminar las raíces de toda incitación al odio, así como del nacionalismo agresivo, del racismo, del patrioterismo, de la xenofobia, del antisemitismo y de todo extremismo de índole violenta,

Reconociendo la responsabilidad de los Estados participantes en orden al fomento de la toleran- cia y de la no discriminación,

1.(a) Condena en los más enérgicos términos toda manifestación de nacionalismo agresivo, de racismo, de patrioterismo, de xenofobia, de antisemitismo o de extremismo de índole violenta, así como toda incitación al odio o todo incidente de discriminación por motivos de religión o de creencia; (…)

2. Decide intensificar su labor en pro de la observancia y el fortalecimiento de la tolerancia y la no discriminación, obrando con la ayuda de las instituciones de la OSCE y en cooperación con toda organización internacional y entidad de la sociedad civil interesada, mediante el intercambio de información y de prácticas recomendadas, y por otros medios; (…)

5. Condena, en particular, toda discriminación por motivos religiosos y se compromete a tra- tar de prevenir todo ataque dirigido contra agrupaciones religiosas, protegiéndolas de los mis- mos, con independencia de si dicho ataque va dirigido contra personas o contra lugares de culto u objetos religiosos; 5 6. Condena especialmente la reciente proliferación de incidentes de índole antisemita en el área de la OSCE, reconociendo que la existencia del antisemitismo ha constituido, a lo largo de la his- toria, una de las principales amenazas contra la libertad;

7. Condena Asimismo el aumento reciente de actos de discriminación y violencia contra musul- manes en el área de la OSCE, y rechaza enérgicamente que se identifique el terrorismo y el extre- mismo con una determinada religión o cultura;

261 5.3.1 Disposiciones generales

8. Decide manifestarse pública y enérgicamente contra la incitación al odio y contra toda manifes- tación de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antisemitismo y extremismo violento, así como contra todo incidente de discriminación por motivos de religión o de creencia;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

Amenazas contra la seguridad y la estabilidad en el siglo XXI (…)

12. Toda práctica que guarde relación con la discriminación o la intolerancia constituye no sólo una amenaza para la seguridad de las personas afectadas, sino que puede dar lugar a conflictos o agresiones de mayor alcance. Esas prácticas pueden nacer de problemas como las tensiones étni- cas y religiosas, el nacionalismo agresivo, el patrioterismo y la xenofobia o tener su origen en el racismo, el antisemitismo y todo otro extremismo violento, así como en la falta de respeto para con los derechos de personas pertenecientes a minorías nacionales.

13. La movilidad de la población migrante y la emergencia de sociedades donde coexisten muchas culturas por toda la región de la OSCE abre grandes oportunidades, pero supone también un desa- fío. Todo fracaso en la integración de estas sociedades o toda falta de respeto, de los que en ellas residen, hacia los derechos de todos sus conciudadanos puede minar la estabilidad social. (…)

Respondiendo a las amenazas suscitadas por la discriminación y la intolerancia

36. La discriminación y la intolerancia están entre los factores que pueden ser fuente de conflic- tos perturbadores de la seguridad y la estabilidad. Basándose en los compromisos asumidos en su dimensión humana, la OSCE se esfuerza por promover, en toda su área, condiciones favorables al pleno disfrute, por todos, de sus derechos humanos y libertades fundamentales, al amparo de instituciones democráticas efectivas, de la legalidad de las actuaciones judiciales y del Estado de derecho. Ello presupone que todos los grupos sociales dispongan de entornos e instituciones donde poder debatir entre sí pacíficamente y donde poder expresar libremente sus intereses. La sociedad civil tiene una importante función que cumplir a este respecto, por lo que la OSCE seguirá pres- tando apoyo y ayuda a las organizaciones nacidas de la sociedad civil. (…)

38. Los Estados participantes y los órganos e instituciones de la OSCE se han comprometido a inten- sificar sus esfuerzos para contrarrestar toda amenaza nacida de supuestos de discriminación o de intolerancia. Se promoverá activamente el establecimiento de relaciones armónicas entre en los diversos grupos étnicos, religiosos, lingüísticos y de otra índole, así como los derechos de perso- nas pertenecientes a minorías nacionales y la igualdad de oportunidades para mujeres y hombres. Se debe contrarrestar todo acto de violencia, intolerancia, extremismo o discriminación contra dichos grupos, así como contra trabajadores migrantes, peticionarios de asilo y otros migrantes, y se deberá exigir responsabilidad a toda persona que cometa alguno de dichos actos. Al mismo tiempo, debe velarse por que toda persona perteneciente a dichos grupos respete el Estado de dere- cho, los valores democráticos y las libertades cívicas de los países donde residen.

262 5.3.1 Disposiciones generales

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

Reafirmando su compromiso de promover la tolerancia y de luchar contra la discriminación, y su inquietud ante toda manifestación de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antisemitismo o extremismo violento en cualquiera de los Estados participantes, así como ante toda discriminación basada en motivos de raza, color, sexo, idioma, religión o creencia, opinión política o de otra índole, o en el origen, la riqueza, el nacimiento o alguna otra consideración,

Instando a las autoridades pertinentes de todos los Estados participantes a que prosigan con su política de condenar públicamente, al nivel apropiado y según proceda, todo acto violento moti- vado por razones de discriminación o de intolerancia,

Reafirmando su compromiso de intensificar sus esfuerzos por promover la tolerancia y la no dis- criminación en todos los campos, (…)

8. Reconoce la necesidad de combatir todo delito inspirado en el odio, que haya sido incitado por propaganda racista, xenófoba o antisemita difundida por Internet. (…)

9. Insiste en la importancia de la libertad de pensamiento, de conciencia y de religión o creencia, y condena toda práctica de discriminación o violencia, particularmente todo acto que vaya diri- gido contra algún grupo religioso o contra alguna persona creyente en particular. Asume el com- promiso de asegurar y facilitar la libertad de toda persona para profesar y practicar su religión o creencia, por sí sola o en comunidad, y de velar por que se introduzcan, caso de ser necesario, nor- mas legales, reglamentos, prácticas o políticas no discriminatorias,

que sean además transparentes. Alienta a los Estados participantes a que soliciten la asistencia de la OIDDH y de su equipo pericial sobre libertad religiosa y de creencia. (…)

11. Se compromete a combatir toda discriminación contra los trabajadores migrantes. Se compro- mete además a facilitar la integración de los trabajadores migrantes en las sociedades donde resi- dan legalmente. Pide a la OIDDH que refuerce sus actividades a este respecto;

13. Toma en consideración los Principios rectores de las Naciones Unidas para las personas inter- namente desplazadas como marco valioso para la labor de la OSCE y de los Estados participantes en orden a buscar remedios para su situación; (…) 5 15. Decide intensificar la cooperación de la OSCE con otras organizaciones internacionales perti- nentes, tales como las Naciones Unidas, el Consejo de Europa y la Unión Europea, así como con toda organización de la sociedad civil y organización no gubernamental pertinente, en orden a pro- mover la tolerancia y la no discriminación; (…)

263 5.3.1 Disposiciones generales

Sofía 2004 (Declaración ministerial conmemorativa del sexagésimo aniversario del final de la Segunda Guerra Mundial)

Hemos aprendido de la historia el peligro que representan la intolerancia, la discriminación, el extremismo y el odio por motivos étnicos, raciales y religiosos. Nos hemos comprometido a com- batir tales amenazas, particularmente a través de la actuación de la OSCE, y rechazamos toda ten- tativa por justificar cualquiera de ellas.

Condenamos con firmeza toda denegación del Holocausto. Condenamos toda forma de limpieza étnica. Confirmamos nuestra adhesión a la Convención de las Naciones Unidas para la Preven- ción y la Sanción del Crimen de Genocidio, que se aprobó el 9 de diciembre de 1948. Exhortamos a los Estados participantes a que adopten toda medida que sea posible para asegurarse de que se frutará toda nueva tentativa de genocidio actual o futura. Los autores de esos delitos deben ser llevados ante los tribunales.

Sofía 2004 (Decisión n° 12/04 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

2. Hace suyas la Decisión del Consejo Permanente relativa a la lucha contra el antisemitismo (PC. DEC/607), así como su Decisión relativa a la tolerancia y la lucha contra el racismo, la xenofobia y la discriminación (PC.DEC/621) y su Decisión relativa al fomento de la tolerancia y de la liber- tad de los medios informativos en Internet (PC.DEC/633), que se adjuntan a la presente decisión;

3. Decide, además, seguir intensificando sus esfuerzos en pro de la aplicación de las tres decisiones antedichas, lo cual abarca los compromisos asumidos en los ámbitos de la educación, los medios informativos, la legislación y su aplicación policial, la migración y la libertad religiosa, entre otros; (…)

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 607 del Consejo Permanente: Lucha contra el Antisemitismo)

El Consejo Permanente, (…)

Con el fin de reforzar nuestra tarea común de lucha contra el antisemitismo en toda la región de la OSCE, Decide que

1. Los Estados participantes se comprometen a: • Esforzarse por asegurar que sus sistemas jurídicos fomentan un entorno seguro, libre de acoso, violencia o discriminación antisemitas en todas las esferas de la vida; • Luchar contra los delitos motivados por el odio, que pueden ser provocados por la propaganda racista, xenófoba y antisemita en los medios informativos y en Internet; • Alentar y apoyar los esfuerzos de las organizaciones internacionales y las ONG en esas esfe- ras; (…) (…)

264 5.3.1 Disposiciones generales

• Colaborar con la Asamblea Parlamentaria de la OSCE con el fin de determinar las formas ade- cuadas de revisar periódicamente el problema del antisemitismo; • Alentar intercambio oficioso entre expertos, en los foros adecuados, sobre prácticas óptimas y experiencias en las esferas de enseñanza y cumplimiento de la ley; (…)

El Consejo Permanente, (…)

A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,

Decide,

1. Los Estados participantes se comprometen a: (…) • Adoptar medidas para reprimir todo acto de violencia o de discriminación contra los musul- manes en el área de la OSCE; • Adoptar, con arreglo al orden jurídico interno y a las obligaciones internacionales, medidas con- tra todo acto de discriminación, intolerancia y xenofobia dirigido contra la población migrante o contra trabajadores migrantes; • Considerar la organización de actividades que den a conocer al público el aporte enriquecedor de la población migrante y de los trabajadores migrantes a la sociedad; • Luchar contra todo delito inspirado en el odio y que pueda estar motivado por propaganda racista, xenófoba y antisemita difundida a través de los medios informativos o de Internet, y denunciar oportunamente y, conforme proceda, públicamente dichos delitos; (…) • Alentar y apoyar los esfuerzos de las organizaciones internacionales y las ONG en esas esferas; (…) • Examinar la posibilidad de establecer en cada país algún órgano competente que esté encargado del fomento de la tolerancia y de la lucha contra el racismo, la xenofobia y la discriminación o contra toda otra forma de intolerancia conexa, particularmente cuando vaya dirigida contra musulmanes, y de la lucha contra el antisemitismo; • (…) • Buscar, junto con la Asamblea Parlamentaria de la OSCE, alguna fórmula adecuada para exa- minar periódicamente los problemas dimanantes del racismo, la xenofobia y la discriminación; 5 • Alentar intercambio oficioso entre expertos, en los foros adecuados, sobre prácticas óptimas y experiencias en las esferas de enseñanza y cumplimiento de la ley; (…)

265 5.3.1 Disposiciones generales

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

Recordando la importancia de fomentar el diálogo y las asociaciones interculturales e interreli- giosas al servicio de la tolerancia, del entendimiento y del respeto mutuo, en el plano tanto nacio- nal como internacional, (…)

3. Rechaza la identificación del terrorismo o de todo otro extremismo violento con cualquier reli- gión o creencia, cultura, grupo étnico, nacionalidad o raza; (…)

4. Decide que la OSCE prosiga su labor destinada a alertar la conciencia pública y a alentar la adopción de medidas para combatir los prejuicios, la intolerancia y la discriminación, sin dejar de respetar los derechos humanos y las libertades fundamentales, particularmente la libertad de pen- samiento, de conciencia, de religión o de creencias, por ser esos derechos y libertades patrimonio de toda persona sin distinción alguna por motivo de raza, color, sexo, idioma, religión o creencia, ni por motivo de sus opiniones políticas o de otra índole, de su origen social o nacional, o de sus bienes o su nacimiento o por cualquier otra condición de su persona; (…)

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

Reconociendo también que el fomento de una cultura de equidad, respeto y entendimiento mutuos y la aspiración a la igualdad de oportunidades para una participación efectiva en las sociedades democráticas requieren un enfoque sistemático, integral y a largo plazo,

Profundamente preocupado por las manifestaciones públicas de racismo, xenofobia y discrimi- nación, (…)

Reafirmando que es preciso que los Estados participantes estén decididos a luchar contra todo acto y manifestación de animadversión, y contra todo delito motivado por el odio, y reconociendo que dicha lucha conlleva a menudo que se les dé a dichos actos una respuesta común, que no deje de reconocer al mismo tiempo el carácter singular de muchas de esas manifestaciones y el trasfondo histórico de cada una de sus modalidades, (…)

Reconociendo la función esencial que incumbe a la sociedad civil en la lucha contra la intoleran- cia y la discriminación, y en pro del respeto y el entendimiento mutuos,

Alarmado ante todo auge de colectivos, movimientos y partidos políticos que hacen apología de la violencia,

266 5.3.1 Disposiciones generales

Preocupado Asimismo en este sentido, por toda manifestación violenta de extremismo relacio- nada con el racismo, la xenofobia, el antisemitismo, el nacionalismo agresivo y el neonazismo,

Recordando la contribución de la OSCE a la Iniciativa de las Naciones Unidas por una Alianza de Civilizaciones con el objetivo de forjar una voluntad política colectiva y de movilizar acciones concertadas a nivel tanto institucional como de la sociedad civil a fin de promover el respeto y el entendimiento mutuos, y tomando nota del informe del Grupo de Alto Nivel, presentado al Secre- tario General de las Naciones Unidas el 13 de noviembre de 2006 en Estambul, orientado a estable- cer, bajo la égida de las Naciones Unidas, alianzas funcionales entre organizaciones internacionales que comparten los objetivos de la Alianza de Civilizaciones, (…)

3. Alienta a los Estados participantes a que reconozcan las aportaciones positivas que pueden rea- lizar todas y cada una de las personas a la índole armoniosa y plural de nuestras sociedades, pres- tando su apoyo a políticas centradas en la igualdad de oportunidades y de derechos, así como de acceso a la justicia y a los servicios públicos, y respaldando el recurso al diálogo y a la participa- ción efectiva de los ciudadanos; (…)

8. Deplora toda declaración pública racista, xenófoba y discriminatoria, y hace hincapié en que los representantes políticos pueden influir positivamente en el fomento general del respeto y el enten- dimiento mutuos, y coadyuvar notablemente a paliar las tensiones internas en las sociedades, al criticar en público los actos e incidentes motivados por el odio, y al reconocer las contribuciones positivas que todas las personas pueden aportar a la edificación de una sociedad plural y armoniosa; (…)

12. Decide que los Estados participantes deben poner más empeño en fomentar las actividades de la sociedad civil, a través de regímenes de asociación o alianza efectiva y de un fortalecimiento del diálogo y la cooperación entre la sociedad civil y las autoridades estatales en la esfera del fomento del respeto y el entendimiento mutuos, la igualdad de oportunidades y la inclusión de personas y colectivos minoritarios en la sociedad, así como a través de la participación de la sociedad civil en la lucha contra la intolerancia, particularmente mediante la creación de mecanismos de con- sulta locales, regionales o nacionales, según proceda; (…)

16. Aguarda con sumo interés el seguimiento que vayan a dar las Naciones Unidas al informe del Grupo de Alto Nivel sobre la Iniciativa de la Alianza de Civilizaciones, con miras a estudiar toda contribución adecuada que pueda aportar la OSCE a su puesta en práctica.

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la 5 comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

Subrayando que la responsabilidad principal de hacer frente a los actos de intolerancia y discrimi- nación recae en los Estados participantes, incluidos sus representantes políticos, (…)

267 5.3.1 Disposiciones generales

Reconociendo que las manifestaciones de intolerancia y discriminación pueden socavar los esfuer- zos encaminados a proteger los derechos de las personas, incluidos migrantes, refugiados, miem- bros de minorías nacionales y apátridas, (…)

Reconociendo el carácter específico de las diferentes formas de intolerancia, y al mismo tiempo la importancia que tiene adoptar un enfoque general y abordar cuestiones interrelacionadas en esfe- ras (…) para luchar de forma efectiva contra todo tipo de discriminación,

1. Pide que los representantes políticos, especialmente los parlamentarios, se esfuercen ininte- rrumpidamente por rechazar y condenar firmemente las manifestaciones de racismo, xenofobia, antisemitismo, discriminación e intolerancia, especialmente contra cristianos, judíos, musulma- nes y miembros de otras religiones, así como toda manifestación violenta de extremismo aso- ciado con el nacionalismo agresivo y el neonazismo, manteniendo al mismo tiempo el respeto por la libertad de expresión;

2. Subraya la necesidad de que los Estados participantes (…) fortaleciendo la cooperación con la sociedad civil; (…)

5. Pide a los Estados participantes que, en el marco de su legislación nacional, intensifiquen sus esfuerzos, en cooperación con la sociedad civil, para contrarrestar la incitación a la violencia y a los delitos motivados por el odio, especialmente por conducto de Internet, respetando al mismo tiempo la libertad de expresión. Subraya también que deben aprovecharse plenamente las opor- tunidades que brinda Internet para el fomento de la democracia, los derechos humanos y la edu- cación en la tolerancia; (…)

7. Pide además a los Estados participantes que protejan legalmente a los migrantes que residen en países de acogida y a los miembros de minorías nacionales, apátridas y refugiados por motivos de racismo, xenofobia, discriminación y actos violentos de intolerancia; y que diseñen o refuer- cen estrategias y programas nacionales para la integración de migrantes regulares, que requerirán también la participación activa de ellos; (…)

9. Se compromete a velar por que se haga un seguimiento eficiente de la labor llevada a cabo hasta ahora por los Estados participantes y las Instituciones pertinentes de la OSCE, particularmente la OIDDH mediante su programa sobre tolerancia y no discriminación, para fomentar la toleran- cia y la no discriminación, en el marco de sus respectivos mandatos. Subraya al mismo tiempo la importancia que tiene cumplir los compromisos vigentes de la OSCE, teniendo en cuenta la expe- riencia y los conocimientos de otras organizaciones regionales e internacionales pertinentes en esa esfera, con el fin de evitar la duplicación; (…)

10. Estimula el establecimiento, por los Estados participantes que aún no lo hayan hecho, de ins- tituciones nacionales u órganos especializados para combatir la intolerancia y la discriminación; así como la elaboración y la puesta en práctica de estrategias nacionales y planes de acción en esa esfera, tomando como base los conocimientos y la asistencia de las Instituciones de la OSCE que sean del caso, de acuerdo con los compromisos vigentes y con los organismos internacionales per- tinentes, si procede;

268 5.3.1 Disposiciones generales

11. Decide estudiar la posibilidad de que la OSCE haga una contribución adecuada a la fase de apli- cación de las recomendaciones del Grupo de Alto Nivel de la Alianza de Civilizaciones, teniendo en cuenta el Plan de Aplicación preparado por el Alto Representante de las Naciones Unidas para la Alianza de Civilizaciones; y recomienda que el Secretario General de la OSCE, en consulta con el Presidente en ejercicio, asista al próximo Primer Foro anual de la Alianza en Madrid e informe acerca de sus resultados a los Estados participantes. (…)

Helsinki 2008 (Decisión nº 8/08 relativa a la contribución de la OSCE a la fase de puesta en práctica de la Iniciativa Alianza de Civilizaciones)

El Consejo Ministerial,

Reconociendo que es necesario promover el entendimiento mutuo y las relaciones de cooperación entre las naciones a través de culturas y civilizaciones,

Resuelto a oponerse a la radicalización y al extremismo violento que conducen al terrorismo,

Subrayando el papel de la OSCE como arreglo regional en virtud del Capítulo VIII de la Carta de las Naciones Unidas,

Poniendo de relieve el interés sostenido de la OSCE por la iniciativa “Alianza de Civilizaciones” establecida bajo la égida de las Naciones Unidas, en consonancia con las decisiones de las reunio- nes del Consejo Ministerial en Liubliana, Bruselas y Madrid,

Reiterando nuestros compromisos de lucha contra la intolerancia y la discriminación y de promo- ción del entendimiento y el respeto mutuos,

Recordando la contribución inicial de la OSCE a la iniciativa Alianza de Civilizaciones, presen- tada al Secretario General de las Naciones Unidas en 2006,

Teniendo en cuenta el Plan de Aplicación para la iniciativa Alianza de Civilizaciones preparado por el Alto Representante de las Naciones Unidas,

Decide, dentro de los recursos disponibles, lo siguiente:

1. Autorizar al Secretario General de la OSCE a que siga la evolución de la Alianza de Civilizacio- nes y estudie la coopera ración en proyectos de la Alianza de Civilizaciones en ámbitos de interés común y mutuo provecho que promuevan el cumplimiento de los compromisos de la OSCE, y le encomienda que informe a los Estados participantes; 5 (…)

Atenas 2009 (Decisión nº 5/09 relativa a la gestión de migración)

El Consejo Ministerial, (…)

1. Anima a los Estados participantes a que sigan ocupándose de la gestión de la migración: (…) • Respetando los derechos humanos de los migrantes y aumentando los esfuerzos destinados a luchar contra la discriminación, la intolerancia y la xenofobia respecto de los migrantes y sus familiares;

269 5.3.1 Disposiciones generales

(…)

Atenas 2009 (Decisión nº 9/09 relativa a la lucha contra los delitos motivados por el odio)

El Consejo Ministerial, (…)

Preocupado ante los delitos motivados por el odio en toda la región de la OSCE, y reconociendo que es necesaria la cooperación para luchar contra tales delitos de manera eficaz, y tomando nota del informe de la OIDDH titulado “Delitos motivados por el odio en la región de la OSCE: inci- dentes y respuestas”, elaborado a instancias de los Estados participantes, (…)

Reconociendo que los delitos motivados por el odio son delitos de índole penal perpetrados por razones de parcialidad,

Tomando nota de la Estrategia global de las Naciones Unidas contra el terrorismo, adoptada el 8 de septiembre de 2006 por la Asamblea General de las Naciones Unidas, que presenta un enfoque integral mundial para luchar contra el terrorismo abordando no sólo sus manifestaciones sino también las condiciones que favorecen su propagación, y reconociendo la influencia que pueden tener los delitos motivados por el odio, la discriminación y la intolerancia en la agudización del extremismo violento y de la radicalización que conducen al terrorismo, (…)

Reconociendo que el declive económico mundial puede hacer que aumenten los incidentes a base de delitos motivados por el odio en el área de la OSCE,

Reconociendo Asimismo que las víctimas de los delitos motivados por el odio pueden pertenecer a comunidades tanto minoritarias como mayoritarias, (…)

Pide a los Estados participantes que: (…)

5. Introduzcan o sigan ampliando actividades de capacitación profesional y fomento de las capa- cidades para funcionarios policiales, fiscales y judiciales que se ocupen de los delitos motivados por el odio; (…)

8. Lleven a cabo iniciativas de sensibilización y educación, especialmente de las autoridades encar- gadas de hacer cumplir la ley, orientadas a las comunidades y a los colectivos de la sociedad civil que prestan asistencia a víctimas de los delitos motivados por el odio; (…)

10. Estudien la posibilidad de aprovechar los recursos desarrollados por la OIDDH en el ámbito de la educación, la capacitación y la sensibilización para asegurar un enfoque amplio a la hora de afrontar los delitos motivados por el odio;

11. Pide a los Estados participantes que estudien oportunidades de cooperar y abordar el recurso creciente a Internet para hacer apología de posturas que incitan a la violencia motivada por la par- cialidad, incluidos delitos motivados por el odio, y al mismo tiempo velen por que toda medida

270 5.3.1 Disposiciones generales

oportuna que se tome esté en consonancia con los compromisos de la OSCE, especialmente los relacionados con la libertad de expresión; (…)

Astana 2010

7. Siguen existiendo amenazas y desafíos graves. (…) Hay que esforzarse más por promover la liber- tad de religión o de creencias y combatir la intolerancia y la discriminación. (…) (…)

Basilea 2014 (Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo)

Nosotros, los miembros del Consejo Ministerial de la Organización para la Seguridad y la Coope- ración en Europa, recordamos la Conferencia de la OSCE sobre Antisemitismo que tuvo lugar en Berlín en 2004, en la que los Estados participantes de la OSCE condenaron todas las manifesta- ciones de antisemitismo y se comprometieron en el empeño común de combatir el antisemitismo en toda el área de la OSCE.

Manifestamos nuestra preocupación ante el número desconcertante de incidentes antisemitas que siguen teniendo lugar en el área de la OSCE y continúan siendo un reto para la estabilidad y la seguridad.

Rechazamos y condenamos toda manifestación de antisemitismo, intolerancia y discriminación contra los judíos.

Reconocemos la aportación fundamental de la sociedad civil para prevenir el antisemitismo y reac- cionar contra el mismo, entre otros mediante su participación activa en los actos pertinentes de la OSCE y relacionados con la Organización, especialmente durante el acto conmemorativo de alto nivel celebrado en 2014 con motivo del décimo aniversario de la Conferencia de Berlín de la OSCE sobre Antisemitismo.

Destacamos la importancia de que los Estados colaboren con la sociedad civil mediante regíme- nes de asociación efectivos y de que se refuercen el diálogo y la cooperación en la lucha contra el antisemitismo. 5

Declaramos inequívocamente que los acontecimientos internacionales, entre otros los relativos a la situación en Oriente Medio, jamás justifican el antisemitismo.

Apelamos a los dirigentes políticos, religiosos y de la sociedad civil para que participen en debates abiertos, con miras a combatir y prevenir el antisemitismo, respetando al mismo tiempo las liber- tades fundamentales y los derechos humanos.

271 5.3.1 Disposiciones generales

Exhortamos a los Estados participantes a que: • Alienten a los dirigentes políticos y a las personalidades públicas a que se pronuncien enérgica y oportunamente cuando se produzcan incidentes antisemitas; • Promuevan programas educativos para luchar contra el antisemitismo y brinden oportunidades educativas a los jóvenes en materia de derechos humanos, incluyendo el tema del antisemitismo; • Intensifiquen sus esfuerzos para cumplir los compromisos vigentes de la OSCE en relación con el seguimiento de los delitos motivados por el odio y la recopilación de los datos correspondien- tes, incluidos los motivados por el antisemitismo; • Investiguen de manera efectiva, oportuna e imparcial todo acto violento motivado por el anti- semitismo, y enjuicien a los responsables; • Promuevan y faciliten el diálogo y los regímenes de asociación abiertos y transparentes de tipo intercultural, interconfesional e interreligioso; • Alienten la integración de las comunidades religiosas y de creencias en los debates públicos de las iniciativas legislativas pertinentes;

Exhortamos a la OIDDH a que: • Brinde a los Estados participantes prácticas recomendables acerca de esfuerzos para combatir el antisemitismo, entre otros mediante consultas con la sociedad civil, a fin de identificar y abor- dar efectivamente las manifestaciones contemporáneas de antisemitismo; • Facilite la cooperación entre los funcionarios públicos y la sociedad civil en cuestiones relacio- nadas con el antisemitismo, incluidos los delitos motivados por el odio y los actos en memo- ria del Holocausto; • Asista a los Estados participantes en su labor de recopilación de datos sobre delitos motivados por el odio antisemita, en cooperación con la sociedad civil, si procede; • Facilite el intercambio de prácticas recomendables entre los Estados participantes acerca de ini- ciativas didácticas y otras medidas para mejorar el nivel de sensibilización sobre el antisemi- tismo y superar los obstáculos que hay en la enseñanza acerca del Holocausto; • Promueva el diálogo y refuerce la capacidad de la sociedad civil de fomentar el respeto y el enten- dimiento recíprocos, a fin de promover la causa de la cooperación entre las diversas comunidades.

Destacamos la labor de los tres Representantes Personales en cuestiones relacionadas con la tole- rancia para apoyar los esfuerzos generales de la OSCE contra la intolerancia y la discriminación, especialmente mediante sus visitas a países, las recomendaciones subsiguientes y sus informes remitidos al Consejo Permanente de la OSCE.

Alentamos a los Estados participantes a que preparen Declaraciones del Consejo Ministerial sobre el fortalecimiento de los esfuerzos para combatir la tolerancia y la discriminación, entre otros con- tra los musulmanes, los cristianos y los miembros de otras religiones.

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

272 5.3.2 Instrumentos internacionales

nuestro compromiso de promover y proteger los derechos humanos y las libertades fundamenta- les, entre ellas la libertad de expresión y la libertad de pensamiento, conciencia, religión o creencia,

Profundamente preocupados por el hecho de que algunos delitos graves cometidos por terroristas o grupos terroristas, entre ellos combatientes terroristas extranjeros, se han dirigido contra per- sonas y grupos por motivos de etnia, religión o creencia, y observando el papel que la discrimina- ción y la intolerancia pueden desempeñar para avivar el extremismo violento y la radicalización que conducen al terrorismo (…), en apoyo de nuestros compromisos pertinentes con la OSCE, y en cumplimiento de las obligaciones aplicables en virtud del derecho internacional, incluido el dere- cho internacional de los derechos humanos, el derecho internacional de los refugiados y el dere- cho internacional humanitario,

5.3.2 Instrumentos internacionales

Copenhague 1990

(40) (…) [Los Estados participantes

(40.6) – considerarán su adhesión, si todavía no la han efectuado, a los instrumentos internacio- nales que se ocupan del problema de la discriminación y asegurarán el pleno cumplimiento de las obligaciones en ellos contenidas, incluidas las relativas a la presentación de informes periódicos; (40.7) – considerarán, Asimismo la aceptación de los mecanismos internacionales que permitan a los Estados y a los individuos presentar comunicaciones relativas a discriminación ante orga- nismos internacionales.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

[Los Estados participantes]

(32) Estudiarán la adhesión, si aún no lo hubieren hecho, a la Convención Internacional sobre la Eliminación de todas las Formas de Discriminación Racial;

Sofía 2004 (Declaración ministerial conmemorativa del sexagésimo aniversario del final de la Segunda Guerra Mundial)

(…) Confirmamos nuestra adhesión a la Convención de las Naciones Unidas para la Prevención y la Sanción del Crimen de Genocidio, que se aprobó el 9 de diciembre de 1948 (…)

5.3.3 Legislación y aplicación de leyes y políticas 5 Copenhague 1990

(40) (…) [Los Estados participantes (40.1) – tomarán medidas efectivas, incluida la adopción, de conformidad con sus sistemas constitu- cionales y sus obligaciones internacionales de las leyes que sean necesarias para prestar protección contra actos que constituyan incitación a la violencia contra personas o grupos basados en la dis- criminación nacional, racial, étnica o religiosa, en la hostilidad y el odio, incluido el antisemitismo; (…)

273 5.3.3 Legislación y aplicación de leyes y políticas

(40.5) – reconocen el derecho del individuo a reparaciones efectivas y se ocuparán de reconocer, de conformidad con la legislación nacional, el derecho de personas y grupos interesados de ini- ciar y apoyar denuncias contra actos de discriminación, incluidos los actos racistas y de xenofobia;

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

[Los Estados participantes]

(33) Estudiarán la conveniencia de adoptar medidas adecuadas dentro de su marco constitucio- nal y de conformidad con sus obligaciones internacionales para garantizar protección para todos en sus territorios contra la discriminación por motivos raciales, étnicos, o religiosos, y proteger a todas las personas, incluso los extranjeros, contra actos de violencia por cualquiera de esos moti- vos. Además, harán pleno uso de sus procedimientos jurídicos internos, entre ellos los destinados a imponer el cumplimiento de las leyes vigentes a este respecto; (…)

Budapest 1994 (Decisiones: VIII. La dimensión humana)

25. Los Estados participantes condenan las manifestaciones de intolerancia, especialmente las de nacionalismo agresivo, racismo, chovinismo, xenofobia y antisemitismo, y continuarán fomen- tando medidas efectivas destinadas a su erradicación. (…) Tratarán de fortalecer o adoptar legis- lación adecuada para este fin y tomarán las medidas necesarias para garantizar que la legislación vigente se aplique eficazmente, de manera que evite las manifestaciones de esos fenómenos. Asi- mismo, insistieron en que las medidas destinadas a combatir estos fenómenos deberían conside- rarse como parte integral de la política y la educación relativa a la integración.

Oporto 2002 (V. Decisión nº 6 relativa a la tolerancia y no discriminación)

El Consejo Ministerial,

9. Pide a las autoridades competentes de los Estados participantes que investiguen con prontitud e imparcialidad los actos de violencia, particularmente si existen buenas razones para sospechar que están motivados por supuestos de nacionalismo agresivo, racismo, patrioterismo, xenofobia, antise- mitismo o extremismo de índole violenta, así como todo ataque motivado por odio contra alguna religión o creencia, y que lleven ante la justicia a los culpables con arreglo a su derecho interno y de conformidad con las normas internacionales aplicables en materia de derechos humanos; (…)

Maastricht 2003 (Anexo a la Decisión nº 3/03; Plan de acción para mejorar la situación de la población romaní y sinti en el área de la OSCE)

A fin de combatir todo prejuicio contra los romaníes y sinti, y de preparar y aplicar las políticas que combaten eficazmente toda discriminación o violencia racialmente motivada, se recomienda la adopción de las siguientes medidas:

274 5.3.3 Legislación y aplicación de leyes y políticas

Normas legales y su estricta observancia Medidas recomendadas para su adopción por los Esta- dos participantes:

8. Promulgar, dándoles plenamente curso, normas legales eficaces contra la discriminación racial y étnica en todos los ámbitos, particularmente en lo relativo al acceso a la vivienda, a la ciudadanía y a los permisos de residencia, así como a la enseñanza, el empleo, y los servicios médicos y socia- les. Integrar a representantes de la población romaní y sinti en los procesos de preparación, apli- cación y evaluación de dichas normas.

9. La normativa legal contra la discriminación debe prever: • La prohibición de todo acto de discriminación racial, ya sea directa o indirecta; • La imposición de sanciones eficaces, proporcionales y de índole disuasora contra todo acto o práctica discriminatoria; • La imposición de penas agravadas para los delitos o crímenes de motivación racial, perpetrados tanto por personas privadas como por funcionarios públicos; • La igualdad de acceso a medidas reparadoras eficaces (por la vía judicial o administrativa, o recurriendo a la conciliación o la mediación).

10. Se ha de velar por que el derecho interno prohíba todo tipo de actos de discriminación, y por que todo caso de presunta discriminación sea investigado imparcial y exhaustivamente.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

6. (…) Consciente de la importancia de que se disponga de normas legales contra los delitos moti- vados por el odio, los Estados participantes informarán a la OIDDH sobre su normativa legal con- tra los delitos motivados por la intolerancia o la discriminación, y solicitarán, siempre que proceda, la asistencia de la OIDDH en la preparación y examen de toda nueva ley al respecto; (…) 5 Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 621 del Consejo Permanente: Tolerancia y lucha contra el racismo, la xenofobia y la discriminación)

El Consejo Permanente, (…)

A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,

Decide,

275 5.3.3 Legislación y aplicación de leyes y políticas

1. Dejar constancia del compromiso asumido por los Estados participantes de: • Considerar la conveniencia de promulgar en su territorio o de fortalecer, cuando proceda, toda norma legal por la que se prohíba la discriminación por motivos de raza, color, sexo, idioma, reli- gión, convicciones políticas o de otra índole, origen social o nacional, o por razones de riqueza, nacimiento o de otra índole; (…) • Considerar la introducción de programas de adiestramiento profesional para personal de la judicatura y de los cuerpos de seguridad, sobre la normativa legal y la práctica policial aplicable contra los delitos inspirados en el odio;

El Consejo Permanente, (…)

Decide que: (…)

2. Los Estados participantes deberán investigar y, si procede, enjuiciar todo acto de violencia o amenaza de violencia de tipo delictivo que esté motivado por ideas racistas, xenófobas, antisemi- tas o conexas difundidas por Internet;

3. Los Estados participantes deberán formar a personal de la policía y del ministerio fiscal en cómo debe responderse a la delincuencia motivada por la difusión en Internet de propaganda racista, xenófoba, antisemita o conexa, y deberán compartir información sobre todo programa formativo que haya tenido éxito, en el curso de sus intercambios sobre prácticas recomendables;

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

5. Decide que los Estados participantes, al dar cumplimiento a sus compromisos de promover la tolerancia y la no discriminación, centren sus actividades en esferas como la labor legislativa, policial, educativa e informativa, así como en la obtención de datos pertinentes, la migración y la inserción social, la libertad religiosa y el diálogo intercultural e interreligioso, y les pide que se comprometan a: 5.1 Intensificar sus esfuerzos en orden a que las leyes, políticas y prácticas de su país traten a todas las personas por igual, las amparen legalmente y prohíban todo acto de intolerancia y discrimi- nación, de conformidad con sus compromisos contraídos en la OSCE y con toda otra obligación internacional que hayan contraído a este respecto; 5.2 Impartir a sus funcionarios públicos, y en particular al personal de la policía y otros cuerpos de seguridad, la formación adecuada para prevenir y responder a los delitos motivados por el odio, y a que consideren la conveniencia de crear programas que impartan esa formación, valiéndose de la experiencia acumulada en este campo por la OIDDH y compartiendo toda práctica recomen- dable a este respecto; (…)

276 5.3.3 Legislación y aplicación de leyes y políticas

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

7. Decide promover la preparación del personal de los cuerpos de seguridad mediante actividades de capacitación y la elaboración de directrices sobre la forma más efectiva e idónea de reaccionar ante delitos motivados por actitudes o posturas intolerantes, así como potenciar una interacción beneficiosa de la policía con las víctimas, y animar a éstas a denunciar todo delito motivado por el odio, así como organizando, por ejemplo, cursos de capacitación para los agentes de primera línea, y poniendo en práctica programas de acercamiento a la población y apoyo a las víctimas, a fin de mejorar las relaciones entre la población y la policía, y creando centros de consulta, asis- tencia y protección al servicio de las víctimas; (…)

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

Reconociendo la función que desempeñan los parlamentos nacionales promulgando leyes relativas a los delitos motivados por el odio y a la lucha contra la discriminación, (…), (…)

2. Subraya la necesidad de que los Estados participantes (…) fortaleciendo la cooperación con la sociedad civil (…); (…)

8. Alienta a los Estados participantes a que intercambien las mejores prácticas en materia de legis- lación, políticas y programas, para contribuir a fomentar sociedades integradoras basadas en el respeto por la diversidad cultural y religiosa, los derechos humanos y los principios democráticos; (…)

Atenas 2009 (Decisión nº 9/09 relativa a la lucha contra los delitos motivados por el odio) 5 El Consejo Ministerial, (…)

Pide a los Estados participantes que: (…)

2. Si procede, promulguen leyes específicas y bien definidas para luchar contra los delitos moti- vados por el odio, que contemplen medidas punitivas efectivas que tengan en cuenta la gravedad de tales delitos; (…)

277 5.3.4 Recolección de datos y seguimiento

4. Introduzcan o sigan desarrollando actividades de formación profesional y capacitación para los funcionarios policiales, fiscales y judiciales que se ocupan de los delitos motivados por el odio;

6. Investiguen en seguida los delitos motivados por el odio y velen por que las autoridades perti- nentes y los dirigentes políticos reconozcan y expresen su rechazo público de los motivos de las personas condenadas por delitos de odio;

7. Velen por la cooperación, si corresponde, entre los niveles nacional e internacional que incluya a los órganos internacionales correspondientes, así como entre las fuerzas policiales en la lucha contra la delincuencia organizada violenta motivada por el odio;

Basilea 2014 (Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo)

Exhortamos a los Estados participantes a que:

Investiguen de manera efectiva, oportuna e imparcial todo acto violento motivado por el antise- mitismo, y enjuicien a los responsables;

5.3.4 Recolección de datos y seguimiento

Ginebra 1991 (VI)

Además, con el fin de incrementar la toma de consciencia del público sobre los prejuicios y el odio y mejorar la aplicación de las leyes contra los delitos relacionados con el odio y, de otro modo, aumentar los esfuerzos encaminados a hacer frente al prejuicio y al odio en sociedad, [los Estados participantes] harán esfuerzos para recopilar, publicar sobre una base regular, y poner a la dispo- sición del público datos sobre los delitos cometidos en sus respectivos territorios basados en prejui- cios así como en la raza, la identidad étnica o la religión, con inclusión de las directrices utilizadas para la recopilación de dichos datos. Esos datos no deberían incluir información personal alguna.

Estambul 1999 (Carta sobre la Seguridad Europea: IV. Nuestra respuesta común)

44. Nos esforzaremos por fortalecer la función de la OSCE en actividades al servicio de la policía civil, (…) Dichas actividades pueden comprender: • Tareas de supervisión policial destinadas, por ejemplo, a impedir que la policía lleve a cabo acti- vidades de discriminación por motivos religiosos o étnicos; (…)

278 5.3.4 Recolección de datos y seguimiento

• crear un servicio de policía de composición multiétnica y/o multireligiosa, que goce de la con- fianza de toda la población;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

41. Se aprovechará al máximo la capacidad supervisora de la OIDDH, y se recurrirá a una coope- ración de índole operativa con otros órganos supervisores a fin de aprovechar en común la infor- mación reunida y disponer de una visión lo más completa posible del curso de la situación. Ello permitirá que la OSCE dirija con mayor eficiencia su labor hacia las cuestiones de más alta prioridad.

Maastricht 2003 (Decisión nº 4/03 relativa a la tolerancia y no discriminación)

El Consejo Ministerial, (…)

Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 607 del Consejo Permanente: Lucha contra el Antisemitismo)

El Consejo Permanente, (…)

Con el fin de reforzar nuestra tarea común de lucha contra el antisemitismo en toda la región de la OSCE, Decide que

1. Los Estados participantes se comprometen a: • Recopilar y conservar información y estadísticas fidedignas acerca de delitos antisemitas y otros delitos motivados por el odio que se cometan en su territorio, así como a presentar periódica- mente dicha información a la Oficina de Instituciones Democráticas y Derechos Humanos de la OSCE (OIDDH), y a ponerla a disposición del público;

El Consejo Permanente, (…) 5 A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,

Decide,

1. Los Estados participantes se comprometen a: (…) • Reunir datos fiables sobre delitos inspirados en el odio y motivados por el racismo, la xenofobia u otras formas conexas de intolerancia y de discriminación, que sean cometidos en su territorio,

279 5.3.4 Recolección de datos y seguimiento

llevando estadísticas y ficheros fiables al respecto, así como remitiendo periódicamente dicha información a la Oficina de Instituciones Democráticas y Derechos Humanos (OIDDH) de la OSCE y facilitándola al público en general;

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

5.5 Fortalecer la labor de recolección y mantenimiento de datos y estadísticas fiables sobre delitos motivados por el odio y sobre la normativa legal aplicable a dicho respecto en su territorio, comuni- cando periódicamente esa información a la OIDDH, poniéndola al alcance del público, y pidiendo, si hace falta, la asistencia de la OIDDH, así como considerando la conveniencia de nombrar enla- ces nacionales de la OIDDH para los delitos motivados por el odio; (…)

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

11. Alienta a los Estados participantes a que redoblen sus esfuerzos para cumplir sus compromi- sos de llevar y mantener estadísticas y bases de datos fidedignas sobre delitos motivados por el odio, que son indispensables para poder formular políticas efectivas y asignar recursos suficien- tes para la lucha contra incidentes motivados por el odio; y, en este contexto, invita también a los Estados participantes a que faciliten medios para potenciar a los agentes de la sociedad civil a fin de que coadyuven a vigilar y denunciar todo incidente motivado por el odio del que tengan cono- cimiento, y para prestar auxilio a las víctimas de tales delitos; (…)

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

2. Subraya la necesidad de que los Estados participantes sigan recopilando y manteniendo estadís- ticas y datos fidedignos acerca de delitos e incidentes motivados por el odio, así como adiestrando

280 5.3.4 Recolección de datos y seguimiento

a los funcionarios pertinentes encargados de la aplicación coercitiva de la ley y fortaleciendo la cooperación con la sociedad civil; (…)

Atenas 2009 (Decisión nº 9/09 relativa a la lucha contra los delitos motivados por el odio)

El Consejo Ministerial, (…)

Reconociendo que es necesario disponer de datos más coherentes, completos y cotejables en cuanto a los delitos motivados por el odio, como se hace resaltar en el informe de la OIDDH entre otros, (…)

Pide a los Estados participantes que:

1. Recaben, mantengan y hagan públicos datos fidedignos y estadísticos lo suficientemente detalla- dos acerca de delitos motivados por el odio y manifestaciones violentas de intolerancia, incluido el número de casos notificados a los organismos encargados de la aplicación coercitiva de la ley, el número de juicios incoados y las sentencias dictadas. En los casos en que las leyes de protección de datos limiten la posibilidad de recoger datos de las víctimas, los Estados han de estudiar la posi- bilidad de emplear métodos de recogida de datos conforme a tales leyes; (…)

3. Tomen las medidas adecuadas para alentar a las víctimas a que denuncien cualquier delito moti- vado por el odio, reconociendo que al no denunciarse todos los delitos motivados por el odio los Estados no pueden formular políticas eficientes. A ese respecto, han de estudiar, como medidas complementarias, métodos para facilitar una contribución de la sociedad civil a la lucha contra los delitos motivados por el odio; (…)

9. Designen un enlace nacional para delitos motivados por el odio, si aún no lo han hecho, para que informe periódicamente a la OIDDH con estadísticas y datos fidedignos acerca de tales delitos; (…)

Basilea 2014 (Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo)

Exhortamos a los Estados participantes a que:

Intensifiquen sus esfuerzos para cumplir los compromisos vigentes de la OSCE en relación con el 5 seguimiento de los delitos motivados por el odio y la recopilación de los datos correspondientes, incluidos los motivados por el antisemitismo;

Exhortamos a la OIDDH a que:

Asista a los Estados participantes en su labor de recopilación de datos sobre delitos motivados por el odio antisemita, en cooperación con la sociedad civil, si procede;

281 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

Helsinki 1975 (Cuestiones relativas a la seguridad en Europa: 1. (b) Cuestiones relativas a la puesta en práctica de algunos de los principios arriba enunciados)

(i) Los Estados participantes, (…)

Declaran que están resueltos a respetar y a llevar a cabo en sus relaciones mutuas, entre otras, las siguientes disposiciones que están de acuerdo con la Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes: (…) • Promover, por todos los medios que cada uno de ellos considere adecuados, un clima de con- fianza y de respeto entre los pueblos, en consonancia con su deber de abstenerse de la propa- ganda en favor de guerras de agresión o de cualquier amenaza o uso de la fuerza, incompatible con los propósitos de las Naciones Unidas y con la Declaración sobre los Principios que Rigen las Relaciones entre los Estados Participantes, contra otro Estado participante.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(16) A fin de asegurar la libertad de la persona de profesar y practicar una religión o creencia, los Estados participantes, inter alia, (…)

(16.2) – promoverán un clima de tolerancia y respeto mutuos entre creyentes de diferentes comu- nidades, así como entre creyentes y no creyentes;

Viena 1989 (Cooperación en el campo humanitario y en otros campos > Cooperación e intercambios en materia de cultura)

(61) Teniendo debidamente en cuenta la originalidad y diversidad de sus respectivas culturas, alen- tarán los esfuerzos encaminados a explorar características comunes de sus patrimonios cultura- les y a estimular una mayor toma de conciencia de los mismos. Por consiguiente, promoverán las iniciativas que puedan contribuir a un mejor conocimiento del patrimonio cultural, en todas sus formas, de los demás Estados participantes, incluidas las variantes regionales y el arte folklórico.

Copenhague 1990

(36) (…) Todo Estado participante promoverá un clima de respeto, comprensión, cooperación y solidaridad mutuos entre todas las personas que viven en su territorio, sin distinción por ori- gen étnico o nacional o por religión, y fomentará la solución de los problemas a través del diálogo basado en los principios del Estado de Derecho. (…)

(40) (…) [Los Estados participantes (…)

282 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

(40.3) – adoptarán medidas efectivas, de conformidad con sus sistemas constitucionales, a niveles nacional, regional o local para promover la comprensión y la tolerancia, particularmente en las esferas de la educación, la cultura y la información; (40.4) – se esforzarán de asegurar que en los objetivos de la educación se preste especial atención al problema de los prejuicios y odios raciales y al desarrollo del respeto de las diferentes civiliza- ciones y culturas.

París 1990 (Una nueva era de Democracia, Paz y Unidad)

Cracovia 1991 (Preámbulo)

Consideran que los aspectos regionales de la cultura deberían constituir por sí mismos un factor de entendimiento entre los pueblos.

II. Cultura y Patrimonio

18. Las asociaciones entre grupos diversos a niveles local, regional y nacional, tanto en los sectores 5 privado como público, son medios valiosos para garantizar una conservación eficaz y representativa del patrimonio cultural. La conservación e interpretación de los valores y del patrimonio cultural de los diversos grupos se verán incrementadas con la participación de tales grupos, y llevarán a la tolerancia y respeto de las diferentes culturas, lo que es de primordial importancia. (…)

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III. Principales Esferas de Conservación y Cooperación

27. Teniendo presente el importante papel que pueden desempeñar las características regionales de la cultura para vincular a las personas a través de las fronteras nacionales, los Estados parti- cipantes con objeto de fomentar relaciones de buena vecindad, favorecerán la cooperación regio- nal tanto a nivel de autoridades locales y nacionales como de organizaciones no gubernamentales. (…)

31. Los Estados participantes se esforzarán por conservar y proteger aquellos monumentos y luga- res conmemorativos, entre ellos, en especial, los campos de exterminio y los archivos conexos, que son por sí mismos testimonios de trágicas experiencias de su pasado común. Deberán tomarse esas medidas a fin de que tales experiencias puedan ser recordadas Puedan ayudar a aleccionar a las generaciones presentes y futuras acerca de tales acontecimientos y, de este modo, asegurar que nunca se repitan.

32. La interpretación de que sean objeto los lugares conmemorativos de doloroso recuerdo puede servir de valioso medio para fomentar la tolerancia y el entendimiento de los pueblos y toma en cuenta la diversidad social y cultural.

Ginebra 1991 (VI)

[Los Estados participantes] tomarán medidas efectivas para fomentar la tolerancia, la compren- sión, la igualdad de oportunidades y buenas relaciones entre personas de diferentes orígenes den- tro de su país.

Moscú 1991

(38.1) [Los Estados participantes] condenan todos los actos de discriminación, so pretexto de raza, color y origen étnico, así como la intolerancia y xenofobia contra los trabajadores migrantes. Toma- rán, de conformidad con el derecho nacional y las obligaciones internacionales, medidas efecti- vas para fomentar la tolerancia, la comprensión, la igualdad de oportunidades y el respeto de los derechos humanos fundamentales de los trabajadores migrantes (…)

Helsinki 1992 (Declaración de la Cumbre)

12. (…) La recesión de la economía, la tensión social, el nacionalismo agresivo, la intolerancia, la xenofobia y los conflictos étnicos amenazan la estabilidad en la región de la CSCE. (…)

Queda todavía mucho por hacer en la implantación de sociedades democráticas y pluralistas, donde la diversidad se respete y proteja plenamente en la práctica. Por consiguiente, rechazamos cualquier forma de discriminación racial, étnica y religiosa. Hay que enseñar y practicar la liber- tad y la tolerancia.

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(30) Expresan su inquietud por las recientes y flagrantes manifestaciones de intolerancia, discri- minación, nacionalismo agresivo, xenofobia, antisemitismo y racismo y destacan la importancia

284 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

esencial de la tolerancia, la comprensión y la cooperación en la realización y la conservación de sociedades democráticas estables; (…)

(34) Estudiarán la elaboración de programas destinados a crear las condiciones necesarias para fomentar la no discriminación y la comprensión intercultural, centrados en la enseñanza de los derechos humanos, las actividades a nivel de base, la formación intercultural y la investigación;

Roma 1993 (Decisiones: IV. La Dimensión Humana)

1. (…) Preocupados por las causas raíces de la tensión, que proceden de prejuicios históricos, los Ministros pidieron que se lleven a cabo esfuerzos, entre otras formas mediante la educación, para fomentar la tolerancia y la conciencia de pertenecer a un sistema de valores comunes. Los Minis- tros subrayaron que la aplicación de los compromisos relativos a la dimensión humana debe ser el centro de atención de los esfuerzos de la CSCE en materia de prevención de conflictos.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

19. (…) Condenamos la violencia dirigida contra cualquier minoría. Nos comprometemos a tomar medidas para promover la tolerancia y edificar sociedades pluralistas en las que toda persona, cual- quiera que sea su origen étnico, goce de una plena igualdad de oportunidades.

Bucarest 2001 (Anexo a la Decisión 1 relativa a la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

11. Promoción de los derechos humanos, la tolerancia y el multiculturalismo; Estados participan- tes/Consejo Permanente/OIDDH/Alto Comisionado para las Minorías Nacionales/Representante para la Libertad de los Medios de Comunicación: Promoverán y fomentarán la tolerancia, la coe- xistencia pacífica y las relaciones armoniosas entre los grupos étnicos, religiosos, lingüísticos o de otro tipo, así como la cooperación constructiva entre los Estados participantes a ese respecto. (…)

Bucarest 2001 (Decisión nº 5)

El Consejo Ministerial, (…)

Pide a los Estados participantes que fomenten la tolerancia y la no discriminación (...) mediante campañas de sensibilización y educación; (…) 5 Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

21. Son conscientes de la función positiva que cabe asignar a los medios informativos al servicio de la tolerancia y del entendimiento entre las religiones, las creencias, las culturas y los pueblos, (…)

285 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

Oporto 2002 (Decisión nº6 relativa a la tolerancia y no discriminación)

El Consejo Ministerial,

(…) Reiterando que la democracia y la protección de los derechos humanos y de las libertades fun- damentales constituyen una salvaguardia esencial de la tolerancia y de la no discriminación, así como factores importantes de estabilidad, seguridad, cooperación y desarrollo pacífico en toda la región de la OSCE, y de que a la inversa la tolerancia y la no discriminación son a su vez factores importantes en orden al fomento de los derechos humanos,

Recordando la labor de la OSCE, por conducto de sus estructuras e instituciones en la esfera del fomento de los derechos humanos, de la tolerancia, de la no discriminación y del pluricultura- lismo, que se desarrolla en particular mediante reuniones y actividades emprendidas en el marco de su dimensión humana, así como mediante proyectos y programas de esa misma índole, inclui- dos los emprendidos por diversos de sus Estados participantes,

Insistiendo en la índole positiva del diálogo interreligioso y multicultural en orden al fomento de un mejor entendimiento entre las naciones y los pueblos,

Tomando nota de que promover la tolerancia y la no discriminación puede contribuir Asimismo a eliminar las raíces de toda incitación al odio, así como del nacionalismo agresivo, del racismo, del patrioterismo, de la xenofobia, del antisemitismo y de todo extremismo de índole violenta,

Reconociendo la responsabilidad de los Estados participantes en orden al fomento de la toleran- cia y de la no discriminación, (…)

1. (…) (b) Se compromete a fomentar aún más el diálogo multicultural, interétnico e interreligioso, e instará a las autoridades públicas y a la sociedad civil a que participen activamente en dicho diálogo; (…)

4. Se compromete a tomar las medidas que procedan, en el ámbito nacional, regional y local y de conformidad con su respectivo orden constitucional, para promover la tolerancia y la no discri- minación, así como para disipar todo prejuicio o falsedad, especialmente en el ámbito de la ense- ñanza, la cultura y la información;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

40. Los esfuerzos de la OSCE se dirigirán, en particular, a las generaciones más jóvenes a fin de hacerles comprender la necesidad de que haya tolerancia y la importancia de la reconciliación y de la coexistencia pacífica. La visión y perspectiva del futuro de dichas generaciones es un factor clave, Si así procede, una función más activa en la esfera de la educación. Cabe destacar la educación en materia de derechos humanos como merecedora de particular atención.

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Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 607 del Consejo Permanente: Lucha contra el Antisemitismo)

El Consejo Permanente, (…)

Con el fin de reforzar nuestra tarea común de lucha contra el antisemitismo en toda la región de la OSCE, Decide que

1. Los Estados participantes se comprometen a: • Promover, si procede, programas educativos para combatir el antisemitismo; • Promover el recuerdo y, si es del caso, la educación acerca de la tragedia del Holocausto, así como la importancia de que se respete a todos los grupos étnicos y religiosos; (…)

1. Los Estados participantes se comprometen a: (…) • Promuevan y mejoren, según proceda, programas educativos para fomentar la tolerancia y com- batir el racismo, la xenofobia y la discriminación; • Promuevan y faciliten la asociación y el diálogo abierto y transparente interconfesional e inter- cultural abierto y transparente en pro de la tolerancia, el respeto y el entendimiento mutuo. • Alentar el fomento de la tolerancia, del diálogo y del mutuo respeto y entendimiento a través de los medios informativos, así como de Internet; (…)

Liubliana 2005 (Decisión nº 2/05 relativa a la migración)

El Consejo Ministerial,

Reafirmando los compromisos relacionados con la migración, y en particular con respecto a los trabajadores migrantes, y otros compromisos pertinentes (...) (…)

Consciente (…) que toda política de integración acertada, que prevea el respeto de la diversidad 5 cultural y religiosa y la promoción y protección de los derechos humanos y de las libertades fun- damentales, constituye un factor importante para promover la estabilidad y la cohesión en el seno de nuestras sociedades,

287 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial,

Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como de la democracia y del Estado de derecho está en la raíz misma del concepto integral de la segu- ridad que aplica la OSCE, (…)

Insistiendo en la necesidad de hablar con coherencia y sin ambages contra todo acto o manifesta- ción de odio, particularmente en discursos políticos, así como de trabajar a favor de la tolerancia, del entendimiento y del respeto mutuo,

Elogiando la labor de los tres Representantes Personales del Presidente en ejercicio como parte del esfuerzo global de la OSCE contra la discriminación y al servicio del fomento de la tolerancia, el entendimiento y el respeto mutuo, así como para despertar la conciencia pública a este respecto, (…)

2. Se felicita de la creación de un programa de la OIDDH al servicio de la tolerancia y la no dis- criminación;

3. Rechaza la identificación del terrorismo o de todo otro extremismo violento con cualquier reli- gión o creencia, cultura, grupo étnico, nacionalidad o raza;

5.3 Fomentar programas educativos públicos y privados que promuevan la tolerancia y la no discri- minación, y que alerten a la opinión pública frente a toda intolerancia y discriminación y la hagan consciente de la inadmisibilidad de tales actitudes, valiéndose a este respecto de la pericia acumulada por la OIDDH y recabando, si procede, su asistencia para la introducción en sus respectivos países de métodos y programas de estudio que fomenten la tolerancia, y que se ocupen en particular de:

288 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

• Luchar contra el odio y los prejuicios raciales, la xenofobia y la discriminación; • Dar a conocer y conmemorar el Holocausto, así como otros genocidios reconocidos como tales a tenor de la Convención de 1948 para la Prevención y Sanción del Delito de Genocidio, y otros crímenes contra la humanidad; • Impartir formación sistemática contra el antisemitismo mediante programas de estudio que res- pondan a toda forma contemporánea del antisemitismo identificada en algún Estado participante; • Combatir todo prejuicio u otras formas de intolerancia y discriminación contra los cristianos, los musulmanes o los miembros de toda otra religión; (…)

5.6 Seguir ocupándose, con el apoyo, caso de ser necesario, de las estructuras, instituciones y ope- raciones sobre el terreno de la OSCE, de la cuestión suscitada por la migración y su inserción social en lo concerniente a la diversidad cultural y religiosa de las poblaciones, como parte de los esfuer- zos de la OSCE en orden al fomento de la tolerancia y del entendimiento y el respeto mutuo a fin de combatir toda discriminación, al tiempo que se promueve el respeto de los derechos humanos y de las libertades fundamentales; (…)

7. Decide efectuar una contribución apropiada a la iniciativa concerniente a la “Alianza de Civili- zaciones” mediante el fomento del diálogo intercultural e interreligioso y la promoción del enten- dimiento y el respeto mutuo y de los derechos humanos en toda el área de la OSCE, y encomienda a este respecto:

7.1 Al Presidente en ejercicio de la OSCE que informe al Secretario General de las Naciones Uni- das de la presente decisión y del interés de la OSCE de prestar su apoyo a la iniciativa concerniente a la “Alianza de Civilizaciones”;

7.2 Al Secretario General que aproveche los servicios periciales de las estructuras e instituciones de la OSCE, particularmente de la OIDDH, para contribuir, en colaboración con los Estados par- ticipantes en la OSCE a la iniciativa concerniente a la “Alianza de Civilizaciones”, y que haga lle- gar, para finales de junio de 2006, esa contribución al Grupo de Personas de Alto Nivel al servicio de la “Alianza de Civilizaciones”.

Bruselas 2006 (Declaración Ministerial sobre la Migración)

5. Dado que el fenómeno de la migración ha ido en aumento, tanto en su alcance como en su com- plejidad, alentamos a todos los órganos e instituciones pertinentes de la OSCE a que, dentro de su respectivo mandato, prosigan su labor dedicada a las cuestiones de migración, así como a la integración de esas cuestiones en las tres Dimensiones, estudiando la contribución potencial de la 5 migración laboral al desarrollo no sólo sostenible sino conjunto de los países; fomentando la inte- gración de la población migrante en el respeto de su diversidad cultural y religiosa; ocupándose del fenómeno de la migración de mano de obra forzada, en el respeto de toda obligación interna- cional que sea aplicable; luchando contra la migración ilegal, así como contra la trata de personas para su explotación, y contra toda práctica de discriminación, abuso o de índole racista contra inmigrantes, con atención especial a las mujeres y a los niños, y facilitando el diálogo, la asocia- ción y la cooperación entre los Estados participantes en la OSCE y los Socios para la cooperación en cuestiones relacionadas con la migración. (…)

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Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

Reconociendo que las manifestaciones de discriminación e intolerancia constituyen una amenaza para la seguridad de las personas y para la cohesión social de nuestros países, y que pueden oca- sionar brotes de violencia y conflictos a gran escala,

Profundamente preocupado por las manifestaciones públicas de racismo, xenofobia y discrimi- nación,

Reconociendo el apoyo prestado por los tres Representantes Personales del Presidente en ejercicio a la iniciativa general de la OSCE contra la intolerancia y la discriminación, y deseando que en el curso de 2007 el Presidente en ejercicio examine su contribución a dicha iniciativa, en consulta con los Estados participantes,

Reconociendo la función esencial que incumbe a la sociedad civil en la lucha contra la intoleran- cia y la discriminación, y en pro del respeto y el entendimiento mutuos,

Alarmado ante todo auge de colectivos, movimientos y partidos políticos que hacen apología de la violencia,

Preocupado Asimismo en este sentido, por toda manifestación violenta de extremismo relacio- nada con el racismo, la xenofobia, el antisemitismo, el nacionalismo agresivo y el neonazismo, (…)

2. Encomienda al Consejo Permanente que estudie la manera de seguir fortaleciendo, a partir de 2007, la eficacia, la coherencia y la homogeneidad de la labor de la OSCE en la lucha contra la intolerancia y la discriminación y en orden al fomento del respeto y el entendimiento mutuos, con miras a mejorar el cumplimiento de los compromisos asumidos;

4. Se compromete a obrar en aras de que se reconozca la valía de la diversidad cultural y reli- giosa como fuente de enriquecimiento mutuo de las sociedades, y reconoce la importancia de la

290 5.3.5 Fomento de la tolerancia, el entendimiento y el respeto, incluida la rememoración

integración social dentro del respeto por la diversidad cultural y religiosa, como elemento clave para promover el respeto y el entendimiento mutuo;

5. Pide a los Estados participantes que aborden las causas originarias de la intolerancia y la discri- minación fomentando políticas y estrategias nacionales de educación integrales, así como desper- tando la conciencia pública mediante medidas que: • mejoren el entendimiento entre las diferentes culturas, etnias, religiones o creencias, y fomen- ten el respeto mutuo; • aspiren a prevenir la intolerancia y la discriminación contra cristianos, judíos, musulmanes y miembros de otras religiones; • promuevan el recuerdo y la educación sobre la tragedia del Holocausto, así como sobre otros actos de genocidio, reconocidos como tales conforme a la Convención de 1948 para la Preven- ción y la Sanción del Delito de Genocidio, y crímenes contra la humanidad;

6. Reconoce la aportación importante que los jóvenes pueden hacer en la lucha contra la intoleran- cia y la discriminación, y alienta a que se prosigan y se amplíen las actividades de fomento de la ecuación cívica, tales como la educación en derechos humanos desde una edad temprana en toda la región de la OSCE, (…) (…)

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos) 5 El Consejo Ministerial, (…)

Reconociendo el importante papel que pueden desempeñar los jóvenes en la promoción de la com- prensión y el respeto mutuos entre culturas y religiones, contribuyendo así al fomento de la demo- cracia, los derechos humanos y las libertades fundamentales; (…) (…)

Reconociendo el carácter específico de las diferentes formas de intolerancia, y al mismo tiempo la importancia que tiene adoptar un enfoque general y abordar cuestiones interrelacionadas en

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esferas como, por ejemplo, (…) la enseñanza (…) y la promoción del diálogo intercultural, para luchar de forma efectiva contra todo tipo de discriminación, (…)

3. Estimula la promoción de programas educativos en los Estados participantes, a fin de mentali- zar a los jóvenes acerca de los valores de comprensión y respeto mutuos; (…)

5. (…) subraya (...) que deben aprovecharse plenamente las oportunidades que brinda Internet para el fomento de la democracia, los derechos humanos y la educación en la tolerancia; (…)

Atenas 2009 (Decisión nº 9/09 relativa a la lucha contra los delitos motivados por el odio)

El Consejo Ministerial, (…)

Reconociendo igualmente la función instrumental que pueden desempeñar los representantes polí- ticos al asumir el liderazgo en la lucha contra la intolerancia y la discriminación y el fomento de la comprensión y el respeto mutuos, (…)

Basilea 2014 (Declaración sobre el fortalecimiento de los esfuerzos para combatir el antisemitismo)

Exhortamos a los Estados participantes a que:

Alienten a los dirigentes políticos y a las personalidades públicas a que se pronuncien enérgica y oportunamente cuando se produzcan incidentes antisemitas; (…) Promuevan programas educativos para luchar contra el antisemitismo y brinden oportunidades educativas a los jóvenes en materia de derechos humanos, incluyendo el tema del antisemitismo; Promuevan y faciliten el diálogo y los regímenes de asociación abiertos y transparentes de tipo intercultural, interconfesional e interreligioso; (…) Alienten la integración de las comunidades religiosas y de creencias en los debates públicos de las iniciativas legislativas pertinentes;

Exhortamos a la OIDDH a que:

292 5.3.6 Papel de los medios de comunicación

Asista a los Estados participantes en su labor de recopilación de datos sobre delitos motivados por el odio antisemita, en cooperación con la sociedad civil, si procede;

5.3.6 Papel de los medios de comunicación

Estambul 1999 (Declaración de la Cumbre)

27. Nos comprometemos a asegurar la libertad de los medios informativos por ser una condición esencial para la existencia de sociedades pluralistas y democráticas. Estamos profundamente pre- ocupados por la utilización que se hace de dichos medios, en situaciones de conflicto, para fomen- tar el odio y las tensiones étnicas, y por el recurso a obstrucciones y restricciones jurídicas para privar a los ciudadanos de medios informativos libres. (...)

Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

22. Se comprometen a combatir toda incitación al odio y a adoptar toda medida necesaria para prevenir el abuso de los medios informativos y de la tecnología de la información para fines terro- ristas, cerciorándose de que dichas medidas sean conformes con las normas de derecho interno y de derecho internacional y con los compromisos de la OSCE;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

37. (…) Sin dejar de respetar plenamente la libertad de expresión, la OSCE se esforzará por com- batir toda incitación al odio que pueda ser alimentada por propaganda racista, xenófoba y antise- mita distribuida por Internet. 5 Sofía 2004 (Anexo a la Decisión nº 12/04 relativa a la tolerancia y no discriminación; Decisión Nº 621 del Consejo Permanente: Tolerancia y lucha contra el racismo, la xenofobia y la discriminación)

El Consejo Permanente, (…)

A fin de reforzar la lucha que hemos emprendido en común contra toda manifestación de intole- rancia en el área de la OSCE,

293 5.3.6 Papel de los medios de comunicación

Decide,

1. Los Estados participantes se comprometen a: (…) • Alentar el fomento de la tolerancia, del diálogo y del mutuo respeto y entendimiento a través de los medios informativos, así como de Internet; (…)

Decide que:

1. Los Estados participantes deberán adoptar medidas para velar por que Internet siga siendo un foro abierto y público al servicio de la libertad de opinión y de expresión, conforme pueden verse consagradas en la Declaración Universal de Derechos Humanos, y con el fin de promover el acceso a Internet tanto en el hogar como en los centros escolares;

5. Los Estados participantes deberán evaluar la eficacia de toda medida legal o de otra índole por la que se regule el contenido de la información distribuida por Internet, prestando particular aten- ción a su efecto sobre el índice de la delincuencia racista, xenófoba o antisemita;

6. os Estados participantes deberán alentar y fomentar un estudio analítico riguroso de la posible relación entre la expresión de ideas racistas, xenófobas, antisemitas o similares y la delincuencia motivada por esas ideas;

7. La OSCE fomentará todo intercambio de información destinado a identificar vías eficaces para responder a la difusión de propaganda racista, xenófoba y antisemita por Internet, que no supon- gan a la vez un peligro

para la libertad de información y de expresión. La OSCE creará oportunidades, particularmente en el marco de su Reunión anual de Aplicación de la Dimensión Humana, para promover el inter- cambio de prácticas recomendables al respecto;

8. Los Estados participantes deberán fomentar el establecimiento de programas que sirvan para educar a la juventud y a la población escolar frente a toda propaganda racista, xenófoba, antise- mita o de índole similar con la que puedan tropezar en Internet. Asimismo, y según proceda, los Estados participantes y los proveedores de servicios por Internet deberán adoptar medidas para

294 5.3.6 Papel de los medios de comunicación

dar a conocer mejor entre los progenitores la abundancia de programas de filtrado informático existentes con los que podrán controlar y supervisar mejor la utilización por sus hijos del Inter- net. Deberá difundirse más ampliamente, como parte de los intercambios de prácticas recomen- dables, el conocimiento, entre los padres, de la existencia de aquellos programas educativos y de filtrado informático que hayan tenido éxito;

9. Los Estados participantes deberían facilitar la labor continua y creciente de las ONG en orden a la vigilancia del contenido racista, xenófobo o antisemita de la información difundida por Inter- net, así como su labor en orden a difundir y dar a conocer mejor los resultados de dicha labor.

Liubliana 2005 (Decisión nº 10/05 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

5.4 Estudiar la adopción, en estrecha colaboración con la sociedad civil, de medidas concretas que no pongan en peligro la libertad de información y de expresión, a fin de contrarrestar los estereoti- pos xenófobos, la intolerancia y la discriminación en los medios informativos y alentar programas para educar a los niños y a la juventud con miras a inmunizarlos frente a todo prejuicio o parcia- lidad con la que puedan tropezar en los medios informativos o por Internet; (…)

Bruselas 2006 (Decisión nº 13/06 relativa a la lucha contra la intolerancia y la discriminación, y al fomento del respeto y el entendimiento mutuos)

El Consejo Ministerial, (…)

9. Reconoce la función esencial que pueden desempeñar unos medios informativos libres e inde- pendientes en las sociedades democráticas, y la gran influencia que pueden tener tanto para con- trarrestar como para agudizar las percepciones erróneas y los prejuicios. Y en ese sentido, fomenta la adopción de un código de conducta profesional de los medios informativos o de todo otro meca- nismo autorregulatorio adecuado que ayude a velar por una mayor profesionalidad y exactitud de los medios informativos y por la plena observancia de sus normas de ética profesional por los 5 periodistas; (…)

295 5.3.6 Papel de los medios de comunicación

Madrid 2007 (Decisión nº 10/07 relativa a la tolerancia y no discriminación: Promoción de la comprensión y el respeto mutuos)

El Consejo Ministerial, (…)

Reconociendo el carácter específico de las diferentes formas de intolerancia, y al mismo tiempo la importancia que tiene adoptar un enfoque general y abordar cuestiones interrelacionadas en esfe- ras (…) los medios de comunicación y un discurso público constructivo (…), para luchar de forma efectiva contra todo tipo de discriminación, (…)

4. Reitera el reconocimiento del papel esencial que pueden desempeñar los medios informativos libres e independientes en las sociedades democráticas, así como de la gran influencia que pueden tener a la hora de contrarrestar o exacerbar prejuicios o ideas equivocadas. En ese sentido sigue estimulando la adopción por los periodistas de normas profesionales voluntarias, la autorregula- ción de los medios informativos, así como la creación de mecanismos adecuados para velar por una mayor profesionalidad, exactitud y adhesión a las normas éticas entre los periodistas;

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

19. (l) Reconocer el papel de los medios informativos a la hora de fomentar un debate plural, y ani- marlos a que hagan gala de profesionalidad y se autorregulen de manera voluntaria, con miras a promover la tolerancia frente a la diversidad étnica, religiosa y cultural, y a prevenir y comba- tir el extremismo violento y la radicalización que conducen al terrorismo, respetando al mismo tiempo la independencia y la libertad de dichos medios;

296 6. Compromisos relativos a amenazas específicas que afecten a la seguridad humana 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

Ver también: II. 4.4: Refugiados, personas desplazadas, retornados y apátridas II. 5.2: Igualdad de derechos entre hombres y mujeres II. 6.2: Prevención de la trata de seres humanos II. 7: Compromisos relativos al derecho humanitario internacional

Moscú 1991

[Los Estados participantes]

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

24. Adoptaremos medidas para (...) poner fin a la violencia contra mujeres (...), así como a la explo- tación sexual (...) A fin de impedir dichos delitos promoveremos, entre otras medidas, la adopción de leyes nuevas o más rigurosas que permitan exigir responsabilidades a los culpables de tales actos, y reforzar la protección de las víctimas.

Bucarest 2001 (Decisión nº 8/01)

El Consejo Ministerial, (…)

Convencido del potencial de la mujer para contribuir a la prevención de conflictos y a los proce- sos de reconciliación y fomento de la paz,

Confirmando el compromiso de proteger y promover los derechos de la mujer, y consciente de la vulnerabilidad de las mujeres especialmente en situaciones de conflicto y posconflicto,

Decidido a combatir contra todas las formas de violencia contra la mujer, incluida la violencia doméstica, Reconociendo la necesidad de crear centros de rehabilitación para mujeres víctimas de la violencia, (…)

Pide que se aplique el Plan de Acción de la OSCE para la equiparación de la mujer;

Sofía 2004 (Anexo a la Decisión nº 14/04, Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros) • Adopten toda medida adicional que sea necesaria para conseguir un entorno seguro y el pleno amparo de la ley para sus ciudadanas, intensificando, según proceda, las actividades encamina- das a eliminar todas las formas de violencia contra la mujer, (…) • Apoyen los esfuerzos nacionales e internacionales para llevar ante la justicia a todo autor de un delito contra la mujer que esté tipificado, por el derecho internacional, como crimen de guerra

298 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

o como crimen contra la humanidad, y a que velen por que sean aplicadas sus propias leyes internas contra la violencia perpetrada contra la mujer, y por que se promulgue toda nueva ley que sea necesaria; • Conforme se recomienda en las Directrices sobre la protección internacional en materia de perse- cución relacionada con los géneros, dentro del contexto del artículo 1 A (2) de la Convención de 1951 sobre el Estatuto de los Refugiados y/o su Protocolo de 1967 sobre el Estatuto de los Refugia- dos, se alienta a todo Estado que aún no lo haya hecho a que introduzca alguna vía procesal para velar por que se tengan debidamente en cuenta las solicitudes de mujeres en los procedimientos de determinación de la condición de refugiado, y que se reconozca debidamente toda la gama de quejas o denuncias contra actos de persecución relacionados con la pertenencia a un género; (…)

Liubliana 2005 (Decisión nº 15/05 relativa a prevenir y combatir la violencia contra la mujer)

El Consejo Ministerial,

Consciente de que el respeto de los derechos humanos y de las libertades fundamentales, así como la democracia y el Estado de derecho son un componente esencial del concepto de seguridad inte- gral de la OSCE, (…)

Reafirmando también que los Estados tienen la obligación de obrar con la diligencia debida para prevenir los actos de violencia contra mujeres y niñas, y para investigar y castigar a los culpa- bles y amparar a las víctimas, y que, de no obrar así, están violando, menoscabando o privando de todo valor al derecho de las víctimas a disfrutar de sus derechos humanos y de sus libertades fundamentales, (…)

Profundamente preocupado por la victimización y la particular vulnerabilidad a la violencia de las niñas y de ciertas categorías de mujeres, como por ejemplo, las pertenecientes a poblaciones minoritarias o indígenas, las refugiadas e internamente desplazadas, las migrantes, las que viven en zonas rurales o remotas, las indigentes y las que están recluidas en instituciones o en centros de detención, así como las discapacitadas, las ancianas, las viudas, las mujeres inmersas en conflictos armados y las que están discriminadas por otras razones, incluida su condición de portadoras del VIH, y consciente, por ello, de la necesidad de amparar a esas mujeres y niñas, (…)

Expresando su profunda inquietud por la persistencia de un elevado grado de violencia contra muje- res y niñas en la región de la OSCE, así como por los costes humanos y políticos de ese fenómeno, y consciente de que la violencia contra la mujer constituye una amenaza para la seguridad humana,

1. Insta a los Estados participantes a que, con el respaldo y la ayuda de la OSCE, adopten toda medida que sea necesaria a nivel legal o normativo y de supervisión y evaluación programática, para promover y amparar el pleno disfrute por la mujer de sus derechos humanos, y para prevenir y combatir todas las formas de violencia de género perpetradas contra mujeres y niñas; 6 2. Pide a los Estados participantes que cumplan lo dispuesto en la Convención sobre la elimina- ción de todas las formas de discriminación contra la mujer y en la Convención sobre los Derechos del Niño, si son partes en ellas, y, en el caso de que aún no lo sean, que estudien la posibilidad de

299 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

ratificar dichas convenciones o de adherirse a ellas. Exhorta también a los Estados que ya han rati- ficado dichas convenciones o se han adherido a ellas, a que retiren toda reserva que sea contraria al objeto y a la finalidad de dichas Convenciones;

3. Pide a los Estados participantes que firmen y ratifiquen la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y su Protocolo para prevenir, reprimir y san- cionar la trata de personas, especialmente mujeres y niños;

complementa la Convención de las Naciones Unidas contra la Delincuencia Organizada Trans- nacional, así como al Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornografía y, si procede, al Convenio del Consejo de Europa contra la trata de seres humanos;

4. Toma nota con pesar de que las mujeres víctimas de la violencia se ven a menudo privadas de protección y asistencia, e insta a los Estados participantes a: (i) velar por que a toda mujer víctima de la violencia se le da acceso pleno, equitativo y oportuno a la justicia penal y a medidas de reparación efectiva, y se le facilita asistencia médica y social, par- ticularmente ayuda de emergencia, asesoramiento confidencial y refugio; (ii) promulgar y aplicar leyes que tipifiquen como delito la violencia de género y que introduzcan medidas de protección jurídica adecuada; (iii) brindar la oportuna protección física y psicológica a las víctimas, así como medidas que sir- van de protección adecuada para los testigos; (iv) investigar y enjuiciar debidamente a los culpables, sin dejar de prestarles todo tratamiento que pueda ser del caso; (v) fomentar la plena participación de la mujer en las instituciones judiciales y fiscales y en los cuerpos de seguridad o vigilancia, y a velar por que todo el personal de las instituciones públicas encargadas de esas cuestiones esté debidamente preparado para detectar, instruir y enjuiciar casos de violencia contra mujeres y niñas, y esté sensibilizado a estas cuestiones; (vi) atender a las necesidades especiales de amparo y asistencia de las niñas que sean víctimas de actos de violencia;

5. Toma nota también de que los actos de violencia cometidos contra mujeres y niñas no suelen ser denunciados ni se deja constancia de ellos, por lo que no se reflejan adecuadamente en las estadís- ticas, y alienta a los Estados participantes a dar su respaldo a toda tarea encaminada a mejorar la concienciación sobre este tema, así como a esforzarse aún más por recopilar, analizar y divulgar datos comparables, y a prestar apoyo a las ONG especializadas en estas cuestiones y a toda inves- tigación que se emprenda al respecto;

6. Exhorta a los Estados participantes a que adopten medidas encaminadas a fortalecer la inde- pendencia económica de la mujer, aplicando políticas y prácticas de empleo no discriminatorias, facilitando el acceso equitativo a la educación y la capacitación, implantando un sistema de igual- dad de remuneración por el mismo trabajo, y brindándole a la mujer mayores oportunidades labo- rales y educativas, así como igualdad de acceso a los recursos económicos y al control de dichos recursos, con miras a reducir su vulnerabilidad frente a toda forma de violencia y particularmente frente a la violencia doméstica y la trata de personas;

7. Insta Asimismo a los Estados participantes a que adopten toda medida que sea necesaria para prevenir la violencia de género contra mujeres y niñas inmersas en situaciones de conflicto armado y de emergencia, y a raíz de esas situaciones, así como para llevar a los culpables de dichos delitos

300 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

ante los tribunales, y a que adopten también medidas especiales para responder a las necesidades de las mujeres y niñas en el entorno creado a raíz de un conflicto;

8. Se complace de la inclusión de los delitos por motivos de género en el Estatuto de Roma de la Corte Penal Internacional y en los elementos constitutivos de delito, que fueron aprobados por la Asamblea de Estados Parte en el Estatuto de Roma, en septiembre de 2002, así como de la defini- ción detallada de las circunstancias en las que dichos delitos puedan constituir crímenes de lesa humanidad y/o crímenes de guerra;

9. Alienta la divulgación de la jurisprudencia pertinente de los Tribunales Penales Internacionales para la ex Yugoslavia y para Ruanda, así como la plena cooperación con esos tribunales;

10. Decide intensificar la cooperación de la OSCE con las estructuras pertinentes de las Naciones Unidas, del Consejo de Europa, de la Unión Europea y de otras organizaciones internacionales,

así como con organizaciones no gubernamentales y con la sociedad civil, a fin de promover la pre- vención de toda forma de violencia contra mujeres y niñas y de luchar contra ella;

11. Encarga al Consejo Permanente que aliente a las instituciones y estructuras de la OSCE que sean del caso, a que formulen programas, proyectos y políticas destinadas a ayudar a los Estados participantes que lo soliciten a combatir la violencia contra mujeres y niñas y a prestar asisten- cia a las víctimas;

12. Pide al Secretario General que preste especial atención a esa cuestión y que informe acerca de la aplicación de la presente decisión en el informe anual que presente al Consejo Permanente sobre el Plan de Acción 2004 de la OSCE para el fomento de la igualdad entre los géneros.

Basilea 2014 (Decisión nº 7/14 relativa a prevenir y combatir la violencia contra la mujer la mujer)

El Consejo Ministerial,

Reafirmando el compromiso de respetar los derechos humanos y las libertades fundamentales de todas las personas, sin distinción de raza, sexo, idioma o religión, (…)

301 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

Pide a los Estados participantes que adopten las medidas que figuran a continuación para prevenir y combatir la violencia contra la mujer, en los ámbitos de la creación de marcos jurídicos y asocia- ciones, prevención y enjuiciamiento de la violencia contra la mujer, y protección de las víctimas;

Pide también a los Estados participantes que velen por la protección y el pleno respeto de los dere- chos humanos y las libertades fundamentales de todas las mujeres;

Condena enérgicamente todas las formas de violencia contra la mujer y su justificación, tal como se afirma en la Declaración sobre la eliminación de la violencia contra las mujeres;

(A) Marco jurídico

1. Pide a los Estados participantes que:

Soliciten, si procede, dictámenes de la OIDDH sobre marcos jurídicos y de políticas para prevenir y combatir la violencia contra la mujer, incluida la violencia doméstica;

Recopilen, mantengan y hagan públicas pruebas fidedignas, cotejables, desglosadas y exhaustivas, basadas en datos y estadísticas, relativas a todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica, al mismo tiempo que velan por el cumplimiento de sus leyes de protección de datos,

así como que incluyan información sobre el número de casos denunciados a los cuerpos y fuerzas de seguridad, cuántos de ellos han sido investigados y enjuiciados, y qué sentencias se han dictado;

Pongan en consonancia, si aún no lo han hecho, las leyes nacionales con las normas internacio- nales pertinentes que hayan adoptado y con los compromisos de la OSCE relativos a todas las for- mas de violencia contra la mujer, así como que tengan en cuenta las prácticas recomendables a la hora de adoptar las leyes que sean del caso;

Estudien la posibilidad de firmar y ratificar los instrumentos regionales e internacionales perti- nentes, como por ejemplo, el Convenio del Consejo de Europa sobre prevención y lucha contra la violencia contra la mujer y la violencia doméstica, cuando proceda.

2. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:

Promuevan el intercambio de prácticas recomendables relativas a las leyes para combatir todas las formas de violencia contra la mujer;

(B) Prevención

3. Alienta a los Estados participantes a que:

Redoblen los esfuerzos de difusión ciudadana, mediante actividades de concienciación y sensibi- lización, con el fin de luchar contra los prejuicios y los estereotipos y actitudes negativos que con- tribuyen a fomentar todas las formas de violencia contra la mujer;

Adopten las medidas adecuadas para incrementar el compromiso y la participación de hombres adultos y jóvenes en la prevención y la eliminación de todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica;

302 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

Adopten también medidas para aumentar la concienciación acerca del círculo vicioso de violencia que podría generar la violencia física, sexual y psicológica padecida en la niñez y en la adolescencia;

Desarrollen programas para trabajar con quienes cometan actos de violencia contra la mujer, tanto antes como después de que sean condenados, con el fin de evitar que reincidan en los delitos;

Proporcionen tratamiento, asesoramiento y cursos de formación, y adopten otras medidas, para evitar la victimización repetida y los traumas, especialmente durante los procesos judiciales.

4. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:

Mejoren la cooperación con los principales interesados de las organizaciones regionales e inter- nacionales que sean del caso, en los esfuerzos por recopilar datos y estadísticas desglosados por género, acerca de todas las formas de violencia contra la mujer en el área de la OSCE;

Ayuden a los Estados participantes que lo soliciten en su labor de promover enfoques amplios, efectivos y basados en pruebas para combatir todas las formas de violencia contra la mujer, inclui- das la violencia sexual y la doméstica, y de atender mejor las necesidades de todas las víctimas.

5. Alienta a los Estados participantes a que:

Se aseguren de que las víctimas de todas las formas de violencia contra la mujer reciben informa- ción oportuna y adecuada acerca de las medidas legales y los servicios de apoyo disponibles, tales como centros de crisis para casos de violencia sexual, refugios u otras estructuras pertinentes, así como servicios sanitarios, y de que dichos servicios son fácilmente accesibles;

Promuevan programas y actividades para habilitar y respaldar a las mujeres que han sido vícti- mas de la violencia e.

6. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:

Ayuden a los Estados participantes que lo soliciten a reforzar sus capacidades de protección de las víctimas de todas las formas de violencia contra la mujer;

Faciliten el intercambio entre los Estados participantes en cuanto a información, experiencia y prác- ticas recomendables en materia de protección;

Faciliten asistencia técnica a los Estados participantes que la soliciten para organizar servicios de apoyo, como por ejemplo, teléfonos de emergencia, centros de crisis, etc.;

Ofrezcan a los Estados participantes cursos de formación especializados para profesionales perti- nentes de los Estados participantes interesados que se ocupan de las víctimas o perpetradores de todas las formas de violencia contra la mujer, incluidas la violencia sexual y la doméstica.

303 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

(D) Enjuiciamiento

7. Alienta a los Estados participantes a que:

Redoblen los esfuerzos para investigar, llevar ante los tribunales y castigar a los perpetradores de todas las formas de violencia contra la mujer, y a que proporcionen a las víctimas la protección y las compensaciones adecuadas;

Aseguren la elaboración y la aplicación eficaz de leyes que tipifiquen como delito la violencia contra la mujer y que incluyan medidas de prevención y de protección, como por ejemplo, órdenes de pro- tección y de alejamiento de emergencia, donde existan, así como la investigación, el procesamiento y la imposición de penas adecuadas a los perpetradores, con miras a acabar con la impunidad.

(E) Asociación

8. Alienta a los Estados participantes a que:

Desarrollen políticas nacionales amplias y coordinadas para combatir todas las formas de violencia contra la mujer, que incluyan a todos los entes pertinentes, como por ejemplo, los cuerpos y fuer- zas de seguridad y el sector de la justicia, los parlamentos, las instituciones nacionales de dere- chos humanos, los servicios sociales y sanitarios, así como las organizaciones de la sociedad civil.

9. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:

Mejoren la cooperación con los principales interesados que sean del caso, de organizaciones regio- nales e internacionales;

Milán 2018 (Decisión nº 4/18 relativa a prevenir y combatir la violencia contra la mujer la mujer)

El Consejo Ministerial,

Decidido a velar por que las mujeres y las niñas disfruten plena y equitativamente de los derechos humanos y las libertades fundamentales,

Reafirmando todos los compromisos pertinentes de la OSCE, (...), para prevenir y combatir la vio- lencia contra las mujeres, (…)

Consciente de la importancia que tiene prevenir y combatir la violencia contra las mujeres y las niñas para la aplicación de los Objetivos de Desarrollo Sostenible de la Agenda 2030 de las Nacio- nes Unidas para el Desarrollo Sostenible,

304 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

contra mujeres y niñas en todas sus modalidades, que es uno de los obstáculos más generalizados que impide que puedan disfrutar plenamente de todos los derechos humanos y que las mujeres puedan participar de manera plena, equitativa y efectiva en la vida política, económica y pública,

Constatando que la violencia contra mujeres y niñas puede causar la muerte, el sufrimiento o daños físicos, sexuales, psicológicos, económicos, políticos y sociales a niñas y mujeres de todas las edades, y ocasiona directa o indirectamente costes sociales, políticos y económicos a corto y largo plazo,

Constatando Asimismo que la violencia contra mujeres y niñas adopta muchas formas, que pue- den incluir violencia doméstica, violencia sexual, prácticas perjudiciales, trata de personas, explo- tación sexual y de otro tipo, así como acoso sexual,

Reconociendo que las mujeres y las niñas pueden padecer muchos tipos diferentes de discrimi- nación, a veces combinados entre sí, lo que las expone a un riesgo mayor de sufrir esa violencia, y que tales combinaciones pueden provocar más discriminación,

Reconociendo Asimismo la importante función que desempeñan las fuerzas armadas, los organis- mos encargados del cumplimiento de la ley, los sistemas judiciales y otros profesionales del dere- cho, a la hora de abordar todas las formas de violencia contra las mujeres y las niñas,

Reconociendo además que los abusos, las amenazas y el acoso, incluido el acoso sexual, son cada vez más frecuentes, especialmente a través de las tecnologías digitales, y pueden llegar a silenciar la voz de las mujeres y las niñas en la esfera pública,

Teniendo presente que las mujeres que se dedican a actividades profesionales que conllevan una presencia pública, o en interés de la sociedad, tienen más probabilidades de estar expuestas a for- mas específicas de violencia o de abusos, amenazas y acoso que guardan relación con su trabajo,

Considerando que la adolescencia es una fase importante en el desarrollo social de una persona, y reconociendo que esa fase suele verse afectada por persistentes desigualdades, actitudes, com- portamientos y estereotipos negativos en materia de género que pueden exponer a las niñas y a las mujeres jóvenes a un riesgo mayor de sufrir discriminación y violencia,

Reconociendo la importancia de que los hombres y los niños participen activamente en las ini- ciativas para eliminar la discriminación y todas las formas de violencia contra mujeres y niñas, abordando, entre otras cosas, las causas primordiales de la violencia y la desigualdad de género, y mejorando la concienciación en cuanto a las repercusiones que tienen las actitudes, los compor- tamientos y los estereotipos negativos en materia de género que pueden subyacer en la discrimi- nación y la violencia, y perpetuarlas,

Observando las iniciativas de la Red MenEngage de la OSCE* para mejorar la concienciación acerca de la importante función que pueden desempeñar los hombres y los niños para eliminar la discri- minación y todas las formas de violencia contra las mujeres y las niñas,

Reconociendo que el acoso sexual en el espacio público y privado, concretamente en el entorno laboral y en los centros docentes, tiene repercusiones negativas en el pleno disfrute de los derechos humanos y la igualdad de oportunidades por parte de las mujeres y las niñas, en detrimento de su capacidad para conservar su puesto de trabajo o progresar en su carrera y en los centros docentes, 6

* La Red MenEngage de la OSCE no es una red afiliada a MenEngage Alliance. La Red MenEngage de la OSCE es una red cerrada dentro de la OSCE

305 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

Reconociendo Asimismo la función de la sociedad civil como actor importante junto al gobierno, también en el plano local, para prevenir y combatir la violencia contra mujeres y niñas,

Tomando nota de la labor de la Asamblea Parlamentaria para combatir la violencia contra la mujer, Insta a los Estados participantes a que:

1. Garanticen el acceso a la justicia, la investigación efectiva y el enjuiciamiento de los autores, y faci- liten, a la vez que respetan sus derechos y su esfera privada, protección, rehabilitación y apoyo a la reinserción adecuados para las víctimas de todas las formas de violencia contra mujeres y niñas;

2. Tomen medidas, entre otras cosas mediante campañas de concienciación y fomento de las capa- cidades de las fuerzas armadas, los organismos encargados del cumplimiento de la ley, los sistemas judiciales y otros profesionales del derecho, para prevenir y combatir todas las formas de violen- cia contra mujeres y niñas;

4. Organicen campañas de concienciación acerca de los riesgos de formas específicas de violencia que afectan a las mujeres y a las niñas, entre otros medios a través de las tecnologías digitales, así como sobre sus derechos y el apoyo disponible para las víctimas de ese tipo de violencia;

5. Tomen medidas para abordar la violencia, los abusos, las amenazas y el acoso dirigidos contra las mujeres, incluso a través de las tecnologías digitales;

6. Tomen también medidas, en consulta con empresas del ámbito de las tecnologías de la informa- ción y la comunicación (TIC), para abordar las formas específicas de violencia que afectan a las mujeres y las niñas a través de las tecnologías digitales;

7. Alienten a todos los agentes pertinentes, incluidos los relevantes en el proceso político, a que contribuyan a prevenir y combatir todas las formas de violencia contra la mujer, incluidas las que participan en

actividades profesionales que conllevan una presencia pública o en interés de la sociedad, entre otros medios planteando esa cuestión en los debates públicos y desarrollando iniciativas de con- cienciación y otras medidas adecuadas, teniendo en cuenta Asimismo las repercusiones negativas de dicha violencia en las mujeres jóvenes;

8. Incorporen iniciativas en las estrategias y políticas nacionales pertinentes, a fin de promover la participación de hombres y mujeres en la tarea de prevenir y combatir la violencia contra muje- res y niñas, entre otras cosas mediante la puesta en práctica de actividades de concienciación cen- tradas en el papel positivo, equitativo y no violento que los hombres y los niños pueden jugar en ese sentido, y reconociendo y abordando las actitudes, comportamientos y estereotipos de género negativos que perpetúan esa violencia;

9. Tomen medidas para luchar contra el acoso sexual en el espacio público y privado, incluidos el entorno laboral y los centros docentes, y alienten a los empleadores públicos y privados a que apli- quen dichas medidas;

306 6.1 Prevención de la persecución, la violencia y la explotación por cuestiones de género

10. Tomen también medidas para facilitar el acceso equitativo de todas las niñas a una educación de calidad, y refuercen el empoderamiento económico y la independencia económica de las muje- res, entre otros medios velando por que se apliquen prácticas y políticas de empleo no discrimi- natorias, brindando un acceso equitativo a la educación y a la formación, ofreciendo igualdad de sueldos para el mismo trabajo, y acceso y control equitativos a los recursos económicos;

11. Alienten a la sociedad civil a que participe en la tarea de prevenir y combatir la violencia con- tra mujeres y niñas;

Encarga a las estructuras ejecutivas pertinentes de la OSCE que, de conformidad con sus mandatos:

12. Ayuden a los Estados participantes que lo soliciten a mejorar su marco jurídico y de políticas, así como a aplicar medidas para prevenir y combatir todas las formas de violencia contra muje- res y niñas;

13. Sigan cooperando con las organizaciones internacionales y regionales pertinentes a fin de reco- pilar estadísticas y datos desglosados por género acerca de la incidencia de todas las formas de vio- lencia contra mujeres y niñas en el área de la OSCE;

14. Brinden apoyo a los Estados participantes y a las organizaciones de la sociedad civil para que haya un intercambio de buenas prácticas para prevenir y combatir todas las formas de violencia contra mujeres y niñas, entre otros medios a través de la participación de hombres y niños;

15. Apoyen a los Estados participantes que lo soliciten en la elaboración y la revisión de leyes, políticas y medidas para luchar contra el acoso sexual en el espacio privado y público, incluido el entorno laboral y los centros docentes;

16. Sigan velando por que se aplique plenamente y se examine la necesidad de reforzar o ampliar la formación relativa al Código de Conducta de la OSCE impartida a los miembros del personal y de las misiones de la OSCE, así como la política de la OSCE en relación con el entorno profe- sional de trabajo, insistiendo en un enfoque de tolerancia cero frente al acoso sexual, entre otros medios a través de iniciativas de los altos cargos administrativos.

17. Alienten a los Estados participantes y a las estructuras ejecutivas pertinentes de la OSCE a que consideren la idea de participar en actividades conjuntas con la Asamblea Parlamentaria de la OSCE y su Representante Especial para

Tirana 2020, (Decisión nº 7/20 relativa a la prevención y erradicación de la tortura y otros tratos o penas crueles, inhumanos o degradantes) (…)

Reconociendo que las mujeres y las niñas están particularmente expuestas a sufrir torturas y otros tratos o penas crueles, inhumanos o degradantes en las situaciones de privación de libertad, y reco- nociendo la importancia de adoptar un enfoque sensible a las cuestiones de género en la lucha contra la tortura y otros tratos o penas crueles, inhumanos o degradantes, que tenga en cuenta esa particular exposición y las necesidades específicas de las mujeres y las niñas, entre otras cosas prestando especial atención a la violencia sexual contra las mujeres y las niñas, así como a la vio- 6 lencia de género contra las mujeres y las niñas, y teniendo en cuenta las Reglas de las Naciones Unidas para el Tratamiento de las Reclusas y Medidas No Privativas de la Libertad para las Muje- res Delincuentes (Reglas de Bangkok),

307 6.2 Prevención de la trata de seres humanos

6.2 Prevención de la trata de seres humanos

Ver también: Part I. 2.3.4 D: Secretaría, Representante Especial para la Lucha contra la Trata de Personas

6.2.1 Disposiciones generales sobre la prevención

Moscú 1991

(40) Los Estados participantes (…) (40.7) – tratarán de eliminar (…) todas las formas de trata de mujeres y de explotación de la prosti- tución femenina, incluso estableciendo prohibiciones jurídicas adecuadas contra esos actos y otras medidas adecuadas;

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

24. Adoptaremos medidas (…) para poner fin a la (…) explotación sexual y a toda otra forma de trata de seres humanos. A fin de impedir dichos delitos promoveremos, entre otras medidas, la adopción de leyes nuevas o más rigurosas que permitan exigir responsabilidades a los culpables de tales actos, y reforzar la protección de las víctimas.

Viena 2000 (Decisión relativa al fortalecimiento de los esfuerzos de la OSCE para luchar contra la trata de seres humanos)

El Consejo Ministerial, (…)

Reconociendo que la trata de seres humanos es un problema creciente y convencido de la necesi- dad de que la OSCE incremente sus esfuerzos para luchar contra la trata de seres humanos en toda la región de la OSCE, incluso en situaciones de conflicto y de postconflicto, y para contribuir a los esfuerzos nacionales, regionales e internacionales de lucha contra la trata en defensa de los dere- chos humanos, así como a la lucha contra la delincuencia organizada transnacional,

1. Reafirma que la trata de seres humanos es un abuso odioso de los derechos humanos y un grave delito que requiere una respuesta más amplia y coordinada de los Estados participantes y de la comunidad internacional, así como un enfoque más coherente y cooperativo entre los países, en particular los de origen, tránsito y destino;

2. Acoge con satisfacción la aprobación por la Asamblea General de las Naciones Unidas del Proto- colo que previene, suprime y castiga la trata de personas, especialmente mujeres y niños, que suple- menta a la Convención de las Naciones Unidas contra la delincuencia organizada transnacional, así como la definición de la trata de personas que figura en su texto, y exhorta a todos los Estados participantes a que firmen y ratifiquen el Protocolo de las Naciones Unidas así como el Protocolo Facultativo de la Convención sobre los Derechos del Niño, sobre la venta de niños, la prostitución infantil y la utilización de niños en la pornografía;

3. Reconoce la responsabilidad principal de los Estados participantes en la lucha contra la trata sobre la base de un enfoque integrado y coordinado que incluya la prevención de la trata, la pro- tección de las víctimas y el proceso jurídico de traficantes y sus cómplices;

308 6.2.1 Disposiciones generales sobre la prevención

4. Recalca el papel de los parlamentos nacionales en la promulgación de, entre otras, las leyes nece- sarias para luchar contra la trata de seres humanos, y toma nota con satisfacción de los artículos 106 y 107 de la Declaración de la Asamblea Parlamentaria de Bucarest sobre la trata de personas;

5. Acuerda reforzar las actividades de la OSCE para combatir la trata de seres humanos y recalca la necesidad de que haya una cooperación intensificada entre diferentes instituciones de la OSCE, así como entre la OSCE y otras organizaciones internacionales, como los organismos pertinentes de las Naciones Unidas, la Organización Internacional para las Migraciones, el Consejo de Europa, la Unión Europea e Interpol;

6. Apoya la labor del Equipo especial sobre la trata de seres humanos, del Pacto de Estabilidad, e insta en particular a los gobiernos de la región afectada a que desempeñen un papel activo en el Equipo especial; (…)

8. Se compromete a mejorar el conocimiento de este problema, incluso con asistencia de la OIDDH, organizaciones no gubernamentales y otras instituciones pertinentes, estableciendo, cuando sea necesario, programas de capacitación para titulares de cargos públicos, y en particular para perso- nal de la policía (y otros servicios de vigilancia), miembros de la judicatura, funcionarios consula- res y del servicio de inmigración, sobre todos los aspectos de la trata de seres humanos;

9. Se compromete a adoptar las medidas necesarias, incluso la adopción y puesta en práctica de leyes que tipifiquen como delito la trata de seres humanos, y que prevean sanciones apropiadas, para asegurar una respuesta adecuada por parte de las autoridades policiales y judiciales. Estas nor- mas tendentes a combatir la tratan deben partir del pleno respeto de los derechos humanos y pre- ver medidas para amparar los derechos humanos de las víctimas, velando por que las víctimas de la trata no sean inculpadas por la sola razón de haber sido objeto de la trata;

11. Alienta a que, siempre que proceda, se nombren representantes oficiales en materia de trata para que coordinen las actividades nacionales y velen por que haya cooperación en los planos regional e internacional, y a que se facilite esa información a los demás Estados participantes; (…)

Bucarest 2001 (Decisión nº 6/01)

El Consejo Ministerial,

Reiterando su compromiso de luchar contra todas las formas de trata de seres humanos, que afec- tan a todos los Estados participantes,

Afirmando su compromiso de fomentar la cooperación y la interacción entre los Estados partici- pantes sobre medidas para combatir la trata y los delitos conexos,

Pide a los Estados participantes que firmen y ratifiquen la Convención de las Naciones Unidas con- tra la Delincuencia Organizada Transnacional, y su Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños; 6 (…)

Fomenta los intercambios de información encaminados a fortalecer la investigación, el cumpli- miento de la ley y la prevención del delito;

309 6.2.1 Disposiciones generales sobre la prevención

Pide a los Estados participantes que aceleren la adopción de las medidas adecuadas para cumplir sus compromisos contraídos en el Consejo Ministerial de Viena, que incluyen la prevención de la trata, la protección de las víctimas y la persecución de los traficantes y de sus cómplices.

Oporto 2002 (Declaración sobre la trata de personas)

Nosotros, miembros del Consejo Ministerial de la OSCE, declaramos que la trata constituye una amenaza peligrosa contra la seguridad en el área de la OSCE y fuera de la misma.

Declaramos que la trata y otras formas modernas de esclavitud constituyen una violación aborre- cible de la dignidad y de los derechos de la persona humana.

Nos damos cuenta de que la trata constituye una faceta importante y de rápida proliferación de la delincuencia organizada transnacional, que genera enormes beneficios para redes delictivas tal vez implicadas también en el tráfico de drogas y de armas, así como en el tráfico ilícito de migrantes.

Recordamos y reafirmamos nuestra plena adhesión a los compromisos de la OSCE contra la trata de personas (…) y declaramos nuestra determinación de reforzar nuestra cooperación frente a la lacra de la trata en los países de origen, de tránsito y de destino.

(…) Declaramos que la ratificación de estos dos instrumentos [Convención de las Naciones Uni- das contra la Delincuencia Organizada Transnacional y su Protocolo complementario para preve- nir, reprimir y sancionar la trata de personas, especialmente mujeres y niños] y su plena aplicación reforzaría el marco jurídico internacional y nacional para la lucha contra la trata de personas, y la capacidad de los servicios de vigilancia para hacerlo respetar. Exhortamos firmemente a los Esta- dos a que estudien la conveniencia de proceder simultáneamente a la ratificación y plena puesta en práctica del Protocolo contra el tráfico ilícito de migrantes por tierra, mar y aire, que comple- menta Asimismo a la antedicha Convención (…)

Reconocemos que es necesario abordar las causas primarias de la trata de personas y reducir las desigualdades y las desventajas económicas o sociales, que también subyacen a la migración ile- gal, y que pueden ser explotadas por redes delictivas organizadas para fines de lucro. Reconoce- mos, Asimismo la necesidad de combatir la corrupción, que facilita sin duda las operaciones de tales redes. (…)

Nos damos cuenta de que la demanda, en los países de destino, de los servicios de las víctimas de la trata para fines de explotación sexual, trabajos forzados, esclavitud u otras prácticas análogas a la esclavitud constituye un factor intrínseco de la trata de personas. Instamos por ello a los paí- ses de destino a que adopten medidas para atajar efectivamente este tipo de demanda, como fac- tor clave de su estrategia de prevención y lucha eficaz contra la trata de personas, y que adopten el criterio de la tolerancia cero frente a la explotación sexual, la esclavitud, y toda otra forma de explotación de mano de obra forzada, independientemente de su índole.

Nos sentimos hondamente preocupados ante las denuncias de casos de participación de algunos miembros de misión, de organizaciones internacionales, en actividades relacionadas con la trata de personas, sobre todo en países que atraviesan una situación de posconflicto. Reiteramos la impor- tancia de la Decisión N° 426 del Consejo Permanente, de 12 de julio de 2001, sobre la trata de per- sonas, y alentamos a que se promulguen y apliquen normativas al respecto tales como el “Código

310 6.2.1 Disposiciones generales sobre la prevención

de Conducta para personal de las Misiones de la OSCE”. No toleraremos que personal internacio- nal participe en ningún tipo de actividades ilícitas, ni incite esta trata delictiva, ni que su conducta contravenga dicho Código de Conducta. Nos comprometemos a adoptar toda medida que pro- ceda para que el personal internacional implicado en tales actos, sea llevado ante las autoridades competentes de sus respectivos países y, si procede, ante las autoridades del lugar de la denuncia.

Expresamos nuestra inquietud ante el aumento de la trata de menores y, conscientes de las necesi- dades especiales de la infancia, estamos a favor de que se investigue más a fondo, y se intercambie más información, sobre la trata de menores, al tiempo que, teniendo debidamente presentes los intereses del menor como criterio primordial de toda medida que afecte a niños, pedimos que se introduzcan medidas especiales para proteger a los menores que sean víctimas de la trata de toda ulterior explotación, prestando la debida atención a su estado físico y psicológico.

Nos esforzaremos por elaborar medidas idóneas para prevenir la trata de personas en nuestros países, organizando, por ejemplo, en los países de origen y de tránsito, campañas de mentaliza- ción y de educación dirigidas en particular a sectores juveniles y otros grupos vulnerables de la población, y nos esforzaremos también por organizar campañas adecuadas en los países de des- tino, impartiendo formación en este campo a las autoridades y cargos públicos competentes de los servicios de vigilancia, de control de fronteras, de la justicia penal y sociales, y recomendaremos que se colabore plenamente al respecto con las ONG. (…)

Insistimos en la necesidad de una estrategia de ámbito nacional para aunar la lucha contra la trata de personas y reforzar la coordinación al respecto entre las organizaciones nacionales, internacio- nales y regionales. Cabría atender a esta necesidad mediante el nombramiento de órganos inter- ministeriales y de coordinadores nacionales o de todo otro órgano o mecanismo que proceda.

III.

Acordamos intensificar la cooperación entre las estructuras e instituciones pertinentes de la OSCE, basada en una perspectiva pluridimensional, así como entre la OSCE y otros agentes y organiza- ciones internacionales pertinentes, entre ellos las Naciones Unidas y sus organismos especializa- dos, el Consejo de Europa, la Unión Europea y la Organización Internacional para las Migraciones, y encomendamos al Consejo Permanente que estudie la mejor forma de estructurar dicha coope- ración al servicio de la lucha contra la trata de personas. (…)

Maastricht 2003 (Decisión nº 2/03 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

1. Decide hacer suyo el Plan de Acción de la OSCE contra la Trata de Personas que se adjunta en anexo a la presente Decisión; y

2. Establece, bajo el patrocinio del Consejo Permanente, un mecanismo de la OSCE destinado a prestar asistencia a los Estados participantes en la lucha contra la trata de personas. Dicho meca- nismo constará de dos piezas, mutuamente complementarias: un Representante Especial, nom- 6 brado por la Presidencia en ejercicio, y una dependencia especial creada en el seno de la Secretaría de la OSCE (…)

311 6.2.1 Disposiciones generales sobre la prevención

Maastricht 2003 (Anexo a la Decisión nº 2/03 relativa a la lucha contra la trata de personas; Plan de acción de la OSCE contra la trata de personas)

IV. Prevención de la trata de seres humanos (…)

1. Labor de investigación y recogida de datos 1.1 Recogida de datos relativos a las víctimas de la trata, desglosados por mujeres, hombres y meno- res, y mejora de los métodos de investigación y análisis de la índole y escala de la trata de personas y de los mecanismos de que se valen los grupos delictivos organizados para la trata y explotación de personas, a fin de formular medidas de prevención de la trata bien definidas y eficaces. Intensi- ficar la labor de investigación y de intercambio de información sobre la trata de menores. 1.2 Identificar a los segmentos más vulnerables de la población y preparar campañas de alerta social particularmente destinadas a dichos segmentos de la población. 1.3 Analizar en profundidad las causas que subyacen a la trata de personas, y los factores que ali- mentan la oferta y la demanda de estos servicios, así como las redes y repercusiones económicas, de la trata y sus vínculos con la migración ilegal.

2. Medidas fronterizas 2.1 Sin menoscabo de ningún compromiso internacional concertado respecto de la libre circula- ción de personas, fortalecer, en lo posible, los controles fronterizos conforme sean necesario para prevenir y detectar la trata de personas. 2.2 Adoptar toda medida legal o de otra índole que proceda para evitar, en lo posible, la utiliza- ción de líneas de transporte comerciales para actos u operaciones que hayan sido definidos como delitos de trata. 2.3 Donde proceda y a reserva de todo convenio internacional aplicable, se deberá obligar a los porteadores comerciales, incluida toda empresa propietaria o explotadora de medios de transporte, a que se cercioren de que todos los pasajeros están en posesión de títulos de viaje válidos. Sancionar, conforme sea necesario y con arreglo al derecho interno, toda violación o infracción a este respecto.

3. Políticas económicas y sociales destinadas a cercenar las raíces de la trata 3.1 En los países de origen: • Asignar prioridad al fomento de la estabilidad económico-social y política, así como a la reduc- ción de las migraciones motivadas por condiciones de extrema pobreza y otros factores que ali- mentan la trata de personas. Dicha política deberá promover además el desarrollo económico y la integración social de las personas pertenecientes a grupos marginados; • Facilitar el acceso de la población menor de edad a centros educativos y de formación profesio- nal e incrementar la tasa de escolaridad, prestando particular atención a las niñas y a los meno- res pertenecientes a grupos minoritarios; • Mejorar las oportunidades de trabajo para la mujer creando condiciones comerciales propi- cias para la pequeña y mediana empresa. Organizar cursos de capacitación para personal de la pequeña y mediana empresa, dirigidos en particular a los grupos de mayor riesgo social.

3.2 En los países de destino: • Adoptar medidas que reduzcan “la invisibilidad de la trata”. Contribuiría notablemente a este obje- tivo la creación de un programa de supervisión pluriinstitucional, con controles administrativos

312 6.2.1 Disposiciones generales sobre la prevención

y servicios de recogida de datos en el mercado laboral, así como, si procede, en los centros dedi- cados al comercio del sexo; • Considerar la posibilidad de que se liberalice el mercado laboral a fin de incrementar las opor- tunidades de empleo para trabajadores de diversos ramos y especialidades; • Resolver el problema de la mano de obra no regularizada, sin seguridad social y a menudo ile- gal con miras a lograr un equilibrio entre la demanda de mano de obra barata y la capacidad de regularizar el curso de los movimientos migratorios; • Atajar la economía sumergida que debilita la competitividad del resto de la economía y favo- rece el trafico ilegal de migrantes.

3.3 Tanto en los países de origen como en los países de destino: • Adoptar medidas para elevar el nivel de la seguridad social y crear oportunidades de empleo para todos; • Adoptar medidas apropiadas para eliminar toda discriminación contra la mujer en el empleo a fin de garantizar, en función de la igualdad de género, la igualdad de remuneración por tra- bajos iguales y la igualdad de oportunidades de empleo; • Eliminar todas las formas de discriminación contra las minorías; • Desarrollar programas que ofrezcan oportunidades para ganarse la vida mediante la elimina- ción del analfabetismo, la mejora de la educación básica, la difusión de las técnicas de comuni- cación y de otra índole, y la reducción de toda barrera que obstaculice el desarrollo del espíritu empresarial; • Alertar contra las desigualdades de género y fomentar mediante la educación unas relaciones basadas en la mutua igualdad y respeto entre el personal de ambos sexos que contribuyan a pre- venir la violencia contra la mujer; • Introducir políticas que den acceso a la mujer al control de los recursos económicos y financie- ros en condiciones de igualdad con el hombre; • Promover técnicas de financiación flexible que faciliten créditos, y particularmente micro cré- ditos, de bajo interés; • Fomentar las técnicas de buena gestión y la transparencia de las operaciones económicas; • Adoptar medidas legales, educativas, sociales, culturales o de otra índole, y fortalecer las exis- tentes, al tiempo que se promulgan, donde proceda, leyes penales que disuadan, recurriendo a la cooperación bilateral y multilateral, la demanda de servicios que favorecen la explotación de la persona, particularmente mujeres y niños, haciéndoles caer víctimas de la trata.

4. Campañas de alerta social 4.1 Emprender, en colaboración con la sociedad civil y las ONG, campañas de información para alertar a la opinión pública contra la trata de personas en todas sus formas, dando a conocer los métodos utilizados por los tratantes y los riesgos que amenazan a las víctimas. 4.2 Alertar a las autoridades de inmigración y al personal consular y diplomático ante el problema de la trata a fin de que su conocimiento de este problema les pueda orientar en sus contactos coti- dianos con víctimas potenciales de este comercio. 4.3 Alentar a las embajadas nacionales a divulgar información sobre la normativa legal del país 6 de destino en materia de derecho familiar, derecho del trabajo y leyes de inmigración que puedan interesar a todo migrante eventual, colaborando al respecto con las ONG.

313 6.2.1 Disposiciones generales sobre la prevención

4.4 Alertar ante el problema de la trata a todo otro grupo profesional potencialmente interesado, particularmente a los legisladores, al personal de los servicios de vigilancia, y a otros profesiona- les como el personal médico y de los servicios sociales y de empleo, así como al sector privado, a fin de estimularles a responder adecuadamente a este problema y a reforzar su capacidad insti- tucional para resolverlo. 4.5 Alentar a las secciones consulares y de visados de las misiones diplomáticas a valerse de docu- mentos impresos y otros dispositivos en su labor con personas vulnerables. 4.6 Campañas de alerta social y pública Alentar a los medios informativos para que expongan cla- ramente el problema de la trata de personas y describan con realismo la situación de sus víctimas. Para optimizar su impacto público, dichas campañas deberán llevarse a cabo en colaboración con profesionales de los medios informativos. 4.7 Dirigir las campañas de alerta social a los grupos más vulnerables de la sociedad, particular- mente a personas pertenecientes a minorías nacionales, niños, migrantes y personas desplazadas en el interior del propio país. 4.8 Hacer que dichas campañas lleguen igualmente a la población de aldeas o lugares de escasa importancia, cuya población pudiera estar particularmente expuesta a riesgo. 4.9 Trabajar al respecto en las escuelas y en las universidades, así como en contacto directo con las familias, a fin de alertar a los más jóvenes contra el riesgo de la trata. 4.10 Plantear, también con el auxilio de los medios informativos, la necesidad de reducir la demanda de los servicios de víctimas de la trata para fines de explotación sexual, trabajos forzosos, esclavi- tud u otras prácticas similares a la esclavitud, y fomentar la adopción de una política de toleran- cia cero hacia todas las formas de la trata de personas. 4.11 Establecer líneas o teléfonos directos, anunciados en los medios informativos, en los países de origen, de tránsito y de destino que cumplan tres funciones: la de fuente de asesoramiento y orien- tación independiente para posibles víctimas que estén tal vez buscando empleo en el extranjero; la de vía inicial de acceso de las víctimas potenciales para ponerse en contacto con los servicios de con- sulta; y la de vía para la denuncia anónima de todo delito flagrante o presunto de trata de personas.

5. Medidas legislativas 5.1 Reformar o revisar la normativa legal y los procedimientos y controles administrativos para la concesión de licencias a sectores comerciales que puedan estar, al decir de los servicios de informa- ción, implicados en la trata, tales como las agencias de empleo y de viajes, las agencias de adopción y las agencias matrimoniales por correo, así como los hoteles y los denominados servicios de acom- pañante, haciendo que dichas normas y prácticas sean igualmente aplicables a su funcionamiento. 5.2 Velar para que toda medida adoptada para prevenir y luchar contra la trata de personas no menoscabe en modo alguno ningún derecho inherente a la dignidad de la persona, incluida su libertad de desplazamiento. (…)

VI. Mecanismos de coordinación y seguimiento

Además de supervisar el cumplimiento de los compromisos, contraídos por los Estados partici- pantes en el seno de la OSCE, por medio de los dispositivos existentes en la Organización, entre ellos la Reunión anual de Aplicación de la Dimensión Humana, las conferencias de examen y otros actos de particular relieve dedicados a la dimensión humana, El Consejo Permanente recomienda que se tomen las siguientes medidas a nivel nacional:

314 6.2.1 Disposiciones generales sobre la prevención

1. Estudiar la posibilidad de nombrar un órgano u otra entidad supervisora nacional para que supervise las actividades de lucha contra la trata de las instituciones públicas, así como la aplica- ción del derecho interno en dicho campo;

2. Estudiar la posibilidad de crear comisiones (equipos especiales) contra la trata u otros órganos análogos que se encargarían de coordinar las actividades estatales y de las ONG en el interior de cada país, así como de elaborar medidas destinadas a prevenir la trata de personas, sancionar a los culpables de estos delitos, y amparar a sus víctimas;

3. Mejorar la cooperación entre las entidades estatales y las ONG nacionales dedicadas a prestar protección y ayuda a las víctimas de la trata, amparar a la mujer y la infancia contra la violencia, promover la equiparación laboral de hombres y mujeres y denunciar toda violación de los dere- chos humanos;

Sofía 2004 (Decisión nº 13/04 relativa a las medidas especiales de amparo y asistencia para los niños víctimas de la trata)

El Consejo Ministerial, (…)

Recordando Asimismo los principios relativos a la protección y al respeto de los derechos huma- nos, conforme han quedado reflejados en la Convención de las Naciones Unidas de 1989 sobre los Derechos del Niño, y en su Protocolo facultativo del año 2000 relativo a la venta de niños, la pros- titución infantil y la utilización de niños en la pornografía, así como en el Protocolo de las Nacio- nes Unidas para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños del año 2000, que complementa a la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y en el Convenio de La Haya de 1993 relativo a la protección del niño y la cooperación en materia de adopción internacional,

Teniendo presente que todo Estado participante de asumir su la responsabilidad primaria de luchar contra la trata, basándose en una estrategia integrada y coordinada que incluya la preven- ción de la trata, el amparo de las víctimas y el encausamiento de todo autor de un delito de trata, así como de sus cómplices,

Reafirmando que los principios generales del interés superior del niño, la no discriminación, el derecho a la participación y la supervivencia, así como al desarrollo, forman, junto con otros, el marco que ha de respetarse en toda medida que se adopte concerniente a la infancia,

Deseoso de que la OSCE siga reforzando su labor al servicio de la lucha contra la trata de perso- nas, y siga dando curso con diligencia al Plan de Acción de la OSCE contra la Trata de Personas, y deseoso Asimismo de que la Organización siga prestando apoyo a los Estados participantes, si así lo solicitan, en su respectiva labor interna en este ámbito,

Teniendo particularmente en cuenta las recomendaciones, enunciadas en el Plan de Acción de la OSCE contra la Trata de Personas, de que la OSCE preste especial atención a la cuestión de la trata de niños, y de que se reconozca Asimismo la vulnerabilidad de los niños faltos de compañía o con progenitores separados,

Consciente de que los Estados participantes se han comprometido a proteger a los niños contra 6 toda forma de violencia y, particularmente, de explotación sexual, e insistiendo en la importancia de respetar sus necesidades especiales en materia de amparo y asistencia, y de que el niño pueda hacerse oír,

315 6.2.1 Disposiciones generales sobre la prevención

Insistiendo además en que las medidas contra la trata de niños han de estar inspiradas en una pers- pectiva de género, y ser de índole no discriminatoria,

Subrayando que el interés superior del niño ha de ser el criterio primordial a la hora de tomar deci- siones relativas a los niños que sean víctimas de la trata, velando, en particular, por que esos niños cuenten con la asistencia o representación letrada que sea del caso,

Consciente de que es necesario prestar asistencia efectiva al niño y disponer de un marco que los ampare, así como mentalizar a la opinión pública contra la demanda que alimenta todas las moda- lidades de explotación sexual de la persona, especialmente de mujeres y de niños, y que aumenta el riesgo de que los niños sean objeto de la trata,

1. Decide intensificar los esfuerzos de la OSCE destinados a evitar que los niños sean objeto de la trata, amparando a los niños víctimas de la trata y prestándoles asistencia, así como facilitando el encausamiento de los autores de la trata de niños, conforme se recomienda en el Plan de Acción de la OSCE contra la Trata de Personas;

2. Alienta a los Estados participantes a que refuercen las estructuras públicas creadas al servicio del niño. Alienta Asimismo a los Estados participantes a que intensifiquen, según proceda y conforme a lo recomendado a los Estados participantes en el Plan de Acción de la OSCE contra la Trata, su lucha contra aquellos factores que coadyuvan a hacer que los niños sean particularmente vulnera- bles a ser víctimas de la trata, prestando particular atención a: toda discriminación por motivos de raza, género, religión o creencia, o basada en el origen nacional o social de una persona, su naci- miento, o alguna otra condición personal; y a toda forma de explotación, entendida conforme a lo definido en el Plan de Acción de la OSCE contra la Trata de Personas; y todo supuesto de pobreza o de carencia de educación y de desplazamiento indebido;

3. Conviene en que debe reforzarse la lucha contra esa demanda sexual, luchando en particular contra el turismo sexual a expensas del niño. En este contexto, invita Asimismo a los Estados par- ticipantes a que adopten medidas legales dirigidas al encausamiento de cualquiera de sus ciuda- danos por delitos de abuso sexual de niños, incluso en casos en que esa explotación tenga lugar en otro país (…)

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

2. Los Estados participantes en la OSCE reafirman las obligaciones y compromisos que han asu- mido a todos los niveles en lo concerniente a cuestiones fronterizas: (…)

A nivel de la OSCE: los Estados participantes reafirman las normas, principios, compromisos y demás valores consagrados en el Acta Final de Helsinki, que serán todos ellos aplicables por igual y sin reservas, y que será cada uno de ellos interpretado a la luz de los demás. Reafirman los prin- cipios y compromisos enunciados en el Documento de Copenhague de 1990, en el Documento de Helsinki de 1992 y en la Carta sobre la Seguridad Europea de 1999. Esos Estados desean también recordar todos los planes de acción, decisiones y demás documentos concertados en el marco de la OSCE sobre asuntos fronterizos. En particular, estiman que el fortalecimiento de las capacida- des de la OSCE al servicio del fomento de unas fronteras abiertas pero seguras y de una coope- ración mutuamente provechosa entre los Estados constituye un medio deseable para responder a las amenazas creadas por (…) la trata de personas (…) conforme se indicó en el párrafo 35 de la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI;

316 6.2.1 Disposiciones generales sobre la prevención

(…)

Liubliana 2005 (Decisión nº 13/05 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Señalando a la atención la necesidad de reforzar las medidas anteriormente mencionadas, así como de desarrollar redes eficientes de lucha contra la trata que funcionen en los ámbitos multilateral, regional y bilateral, y de aplicar eficazmente los compromisos adoptados, obrando con el pleno apoyo de las estructuras, instituciones y operaciones sobre el terreno de la OSCE, que deberán prestar asistencia al respecto a todo Estado participante que la solicite,

Reiterando la función singular que incumbe a la OSCE en su calidad de entidad catalizadora de la labor mancomunada de las organizaciones internacionales contra la trata de personas en todas sus formas, y elogiando las iniciativas adoptadas por el Representante Especial de la OSCE contra la trata de personas en el marco de la “Alianza contra la trata de personas”,

Decide:

1. Decide: Hacer suya la adición al Plan de Acción de la OSCE contra la Trata de Personas: medi- das especiales de amparo y asistencia para los niños que son víctimas de la trata, aprobado por la Decisión N° 685 del Consejo Permanente, de 7 de julio de 2005, que responde expresamente a las necesidades del sector más vulnerable y desamparado de la trata de personas;

2. Prestar creciente atención a la amenaza cada vez más grave que supone la trata de personas, y adoptar frente a dicha lacra un enfoque pluridimensional y centrado en la víctima que permita combatir la trata como una modalidad de delincuencia organizada y de corrupción, obrando a dicho respecto en el marco del concepto adoptado por la OSCE de una seguridad integral; (…)

Liubliana 2005 (Decisión nº 16/05 relativa a velar por que toda persona que esté sirviendo en misiones o fuerzas internacionales observe las normas más estrictas en materia de conducta y de responsabilidad pública)

El Consejo Ministerial, (…)

Reiterando que la trata de personas, forma contemporánea de esclavitud, menoscaba gravemente el disfrute de los derechos humanos y de las libertades fundamentales, 6 Preocupado de que el personal civil y militar que esté sirviendo en fuerzas internacionales de man- tenimiento de la paz o en otras misiones internacionales, que actúe al servicio de todo contratista

317 6.2.1 Disposiciones generales sobre la prevención

eventual de esas fuerzas o misiones, o que esté sirviendo en alguna operación sobre el terreno de otras organizaciones internacionales o de la propia OSCE, pueda ser un factor que contribuya al ciclo de la trata desde el ángulo de la demanda,

Felicitándose de la labor emprendida por las Naciones Unidas y otras organizaciones internacio- nales con miras a formular y aplicar una política de “tolerancia cero” en orden a la prevención de todo caso de trata de personas por parte del personal de las fuerzas internacionales y demás per- sonal internacional, política que deberá combinarse con toda medida de índole formativa y edu- cativa que se estime oportuna, (…)

Preocupado por las denuncias que se han presentado de actos y comportamientos reprobables, atri- buidos a personal civil y militar que está sirviendo en fuerzas internacionales de mantenimiento de la paz y otras misiones internacionales, así como por las denuncias que hablan de su participación en la trata de personas, conforme fue definida en el Protocolo de las Naciones Unidas para preve- nir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, el Consejo Ministe- rial condena con firmeza dichos actos, y desea señalar el efecto pernicioso de tales actos sobre el cumplimiento del mandato de dichas misiones,

Preocupado también por otras denuncias de actos o comportamientos reprobables de personal civil y militar que está sirviendo en fuerzas internacionales de mantenimiento de la paz y otras misio- nes internacionales, particularmente por las denuncias que hablan de casos de abusos o actos de explotación sexual de la población local o de refugiados, así como por la denuncia de ciertos casos de trabajos forzosos, el Consejo Ministerial desea también condenar con firmeza tales actos y recal- car su efecto pernicioso sobre el cumplimiento del mandato de dichas misiones,

Insistiendo en la necesidad de informar y alertar mejor al personal que está sirviendo en misiones internacionales sobre la gravedad de estas cuestiones,

Tomando nota de los esfuerzos desplegados por las Naciones Unidas con miras a conseguir que el personal que esté sirviendo en fuerzas de mantenimiento de la paz y otras misiones internacio- nales observa a este respecto las normas más estrictas de conducta y de responsabilidad pública,

1. Hace un llamamiento a los Estados participantes para que introduzcan toda mejora que pueda ser necesaria en las medidas destinadas a prevenir actos de trata o de explotación de las víctimas de la trata por su personal civil o militar desplegado en el extranjero en misiones de manteni- miento de la paz o en otras misiones internacionales, así como por parte de aquellos de sus ciuda- danos que ocupen cargos de la OSCE. A este respecto, los Estados participantes velarán por que toda norma de rango legal y reglamentario de sus países, así como todo otro documento perti- nente, siga siendo aplicable a sus ciudadanos que estén sirviendo en fuerzas de mantenimiento de la paz o en otras misiones internacionales, con miras a que esas personas observen las normas más estrictas en materia de conducta y de responsabilidad pública;

2. Exhorta a los Estados participantes que tengan a personal civil o militar suyo desplegado en el extranjero a que presten asistencia, en el marco de su propia competencia y de su respectivo man- dato, a las autoridades competentes del país anfitrión en toda medida destinada a la lucha contra la trata de personas. Todo Estado participante deberá tener en cuenta las políticas aplicables y las consecuencias dimanantes de la trata de personas en las instrucciones que impartan a su personal civil y militar desplegado en el extranjero;

318 6.2.1 Disposiciones generales sobre la prevención

3. Exhorta también a los Estados participantes a que adopten toda medida que pueda ser necesaria para prevenir todo caso de abuso o de explotación sexual, así como de imposición de trabajos for- zosos, que pueda ser imputable al personal civil o militar suyo desplegado en el extranjero y que esté sirviendo en fuerzas de mantenimiento de la paz o en otras misiones internacionales, y a que velen por la observancia de las normas de conducta aplicables a dicho respecto, velando al mismo tiempo por que todo caso denunciado sea debidamente investigado y castigado;

4. Reitera la importancia de que se observe el Código de Conducta para funcionarios de la OSCE y la Directiva de personal 11 concerniente a la trata de personas, y encarga al Secretario General que, apoyándose en la pericia en este campo del Representante Especial de la OSCE contra la trata de personas y de la Unidad de Asistencia en la Lucha contra la Trata, y de la Unidad de Asisten- cia en la Lucha contra la Trata, se encargue de actualizar estos documentos para alinearlos con la presente decisión, y que los distribuya entre los Estados participantes para que puedan examinar- los y formular observaciones al respecto antes de que sean publicados;

5. Invita a las autoridades competentes de los Socios de la OSCE para la cooperación a que asu- man también el compromiso de respetar estos principios conforme se han enunciado en la presente decisión, y encarga al Representante Especial de la OSCE contra la trata de personas y al Secreta- rio General de la OSCE que compartan, a dicho fin, toda información o documentación que pueda ser del caso con los Socios de la OSCE para la cooperación;

6. Encarga al Representante Especial de la OSCE contra la trata de personas que comparta con toda otra organización internacional competente la documentación formativa y de otra índole de la OSCE que sea utilizable en la lucha contra la trata de personas;

7. Encarga al Secretario General de la OSCE que presente un informe anual al Consejo Permanente acerca de la aplicación de la presente decisión en lo concerniente al Código de Conducta para fun- cionarios de la OSCE y la Directiva de personal 11 de conformidad con lo dispuesto en la sección III 11.1 del Plan de Acción de la OSCE contra la trata de personas.

Bruselas 2006 (Decisión nº 14/06 relativa a la intensificación de los esfuerzos para luchar contra la trata de personas especialmente para fines de explotación laboral, mediante un enfoque integral y proactivo)

El Consejo Ministerial,

Gravemente preocupado por el hecho de que todas las formas de la trata de personas sigan estando muy extendidas en la región de la OSCE y fuera de ella, a pesar de la intensificación del esfuerzo nacional e internacional por contrarrestar dicha lacra,

Considerando que la trata de personas es un delito grave y atroz que viola la dignidad humana, atenta contra el disfrute de los derechos humanos y las libertades fundamentales de los ciudada- nos, y alimenta las redes de la delincuencia organizada,

Consciente de que la aplicación coercitiva de la ley y el procesamiento de los autores de estos deli- tos, así como, según proceda, el amparo, la rehabilitación, la integración y la reinserción social de la víctima, asegurándole además su acceso efectivo a la justicia, junto con toda política de preven- ción de este delito mediante medidas orientadas al sector de la demanda, son factores importan- 6 tes para luchar eficazmente contra la trata de personas,

319 6.2.1 Disposiciones generales sobre la prevención

Poniendo de relieve que la complejidad de la trata exige que se le dé una respuesta multidimensio- nal, a cargo de agentes múltiples que deberán obrar de forma coordinada en el ámbito tanto nacio- nal como regional e internacional, (…)

1. Hace un llamamiento a los Estados participantes para que prosigan su colaboración política a alto nivel con el Representante Especial para la lucha contra la trata de personas, con el fin de mejorar el cumplimiento de los compromisos de la OSCE concernientes a la lucha contra la trata

2. Insta a los Estados participantes a que promuevan la adopción de un enfoque integral para la lucha contra todas las formas de la trata de personas, mediante acuerdos nacionales, regionales e internacionales, medidas de cooperación y coordinación entre el personal de los cuerpos de segu- ridad, inspecciones laborales, dependencias de protección social, instituciones sanitarias, servi- cios de inmigración y de fronteras, organizaciones de la sociedad civil, servicios de apoyo a las víctimas, así como a través de la comunidad empresarial y otros agentes pertinentes, y adoptando también un enfoque para ocuparse de las cuestiones de género. Con ese fin, se recomienda a los Estados participantes que establezcan mecanismos nacionales de consulta y que nombren coor- dinadores nacionales;

3. Insta también a los Estados participantes a que, con el apoyo, si lo solicitan, de los órganos e ins- tituciones de la OSCE mejoren sus sistemas de investigación y de recopilación y análisis de datos, con el debido respeto de la confidencialidad de los datos y que, cuando sea posible, desglosen las estadísticas por género, edad y otros factores pertinentes, con el fin de evaluar mejor el carácter y la magnitud del problema y de desarrollar políticas efectivas y bien orientadas sobre la trata de per- sonas. Con ese fin, se recomienda a los Estados participantes que establezcan mecanismos nacio- nales de consulta y que nombren coordinadores nacionales; (…)

6. Alienta a los Estados participantes a que luchen con mayor empeño contra la trata de personas para fines de explotación laboral procurando velar, en particular, por que: (a) Garantizar que su legislación penal nacional sobre la trata de seres humanos con fines de explo- tación laboral cumple los requisitos del Protocolo de las Naciones Unidas para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, que complementa la Conven- ción de las Naciones Unidas contra la Delincuencia Organizada Transnacional. Con ese fin, se alienta a los Estados participantes a que velen por que todo delito de ese tipo sea detectado y juz- gado debidamente; (b) Su legislación laboral refleje las normas laborales mínimas aplicables en la materia, y velando también por que se aplique dicha normativa, con el fin de reducir la trata de personas para fines de explotación laboral; (c) Se organicen programas de capacitación para el personal pertinente, así como para toda per- sona que pueda entrar en contacto con presuntas víctimas de la trata, como puede ser el Caso de trabajadores sanitarios, trabajadores sociales, inspectores laborales y otras personas, con objeto de mejorar su capacidad para identificar a las víctimas de la trata a fin de remitirlas a los servicios de asistencia y protección que proceda; (d) Se introduzcan campañas de información para concienciar a los ciudadanos ante el problema de la trata que no contribuyan a estigmatizar aún más a la población de los grupos sociales más vulnerables, lo que podría reducirla a una indefensión aún mayor ante los abusos en materia de derechos humanos;

320 6.2.1 Disposiciones generales sobre la prevención

(e) Se adopten estrategias de mayor contacto con los sectores afectados, obrando para ello en cola- boración con las ONG pertinentes, que promuevan la divulgación de información sobre la trata de personas para fines de explotación laboral entre las comunidades migrantes y las personas que trabajan en oficios mal remunerados, o en sectores vulnerables como la agricultura, la construc- ción o las industrias de confección o de restauración, o como empleadas domésticas, con el fin de mejorar el acceso de las víctimas a la asistencia y a la justicia y de alentar a las personas que poseen información sobre posibles situaciones de trata a que remitan a las víctimas a dichos servicios de asistencia e informen a las autoridades pertinentes para que éstas investiguen cuando haya razo- nes fundadas para creer que se ha cometido un delito; (f) Se desarrollen y empleen metodologías de investigación avanzadas que permitan identificar y llevar ante los tribunales a los autores de la trata, sin depender únicamente del testimonio de la propia víctima; (…)

Madrid 2007 (Decisión N o 8/07 on Lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Gravemente preocupado de que la trata de personas siga estando muy extendida en la región de la OSCE y fuera de ella, a pesar de los esfuerzos realizados a nivel nacional e internacional para pre- venirla y para llevar ante los tribunales a los responsables,

Reconociendo la necesidad de seguir fortaleciendo el marco de compromisos de la OSCE para hacer frente a los desafíos de la trata para la explotación laboral,

Reconociendo la vulnerabilidad de los niños frente a ese tipo de trata y las necesidades especia- les de las víctimas infantiles,

Haciendo hincapié en que las políticas y las prácticas para hacer frente a la trata con fines de explo- tación laboral, en el marco de la economía oficial y oficiosa, deben ser amplias e incluir por tanto el cumplimiento de la normativa laboral,

Subrayando que las medidas encaminadas a hacer frente a la trata para fines de explotación laboral deben formularse en colaboración con agentes laborales, especialmente organizaciones de trabaja- dores y de empleadores, administradores e inspectores laborales; y estimulando al mismo tiempo una mayor participación de esos agentes, (…)

Reconociendo que las personas en situación de inmigración irregular pueden ser más vulnerables ante la trata para fines de explotación laboral, (…)

Reconociendo los problemas inherentes a la identificación y la ayuda a las víctimas, especialmente su incertidumbre con respecto a su situación de residencia eventual, y que eso podría dar lugar a que los traficantes intimidaran a las víctimas y explotaran su temor, y reconociendo también la necesidad 6 de que haya procedimientos de presentación de quejas que induzcan a las víctimas a presentarse,

321 6.2.1 Disposiciones generales sobre la prevención

Pide a los Estados participantes que: (…)

5. Apoyen y fomenten asociaciones entre la sociedad civil, incluidas las ONG, y los organismos estatales cuyo mandato incluya la protección laboral, para que supervisen las condiciones labo- rales, proporcionen, entre otras cosas, asistencia a las víctimas, y prevengan la trata para fines de explotación laboral y la violación de las leyes laborales, especialmente mediante programas con- cretos orientados a incrementar la concienciación, o mediante códigos voluntarios de conducta; (…)

8. Intensifiquen la cooperación y la interacción entre los distintos organismos en cuestiones rela- cionadas con la trata por motivos laborales, así como entre sus funcionarios laborales y de inmi- gración, los encargados de la aplicación de la ley, los funcionarios judiciales y los proveedores de servicios sociales, especialmente mediante el establecimiento o el fortalecimiento, según proceda, de mecanismos nacionales de arbitraje, como se recomienda en el Plan de Acción de la OSCE con- tra la trata de personas; (…)

11. Consigan que haya procedimientos eficaces de presentación de quejas mediante los cuales las personas puedan informar de forma confidencial acerca de una posible situación de trata para la explotación laboral, como por ejemplo, trabajos o condiciones de vida en los que se explota a las personas;

12. Desarrollen indicadores teniendo en cuenta, cuando proceda, los desarrollados por la Comi- sión de Expertos de la OIT, a fin de asegurar la consistencia y la transparencia en la identificación de víctimas de la trata, así como la detección de situaciones de trata para la explotación laboral;

13. Estudien la posibilidad de organizar más debates de expertos sobre la forma de distinguir entre los casos de trata para la explotación laboral y otras situaciones de empleo irregular; (…)

16. Desarrollen programas que disminuyan la contratación fraudulenta practicada por algunas agencias de empleo, que puede hacer a las personas más vulnerables ante la trata; (…)

19. Organicen campañas encaminadas a fomentar la concienciación en los países de origen, trán- sito y destino, en particular para grupos vulnerables a la trata con fines de explotación laboral;

20. Intensifiquen los esfuerzos por prevenir el trabajo infantil, considerando la posibilidad de fir- mar y ratificar (si todavía no lo han hecho) el Convenio de la OIT sobre la prohibición de las peores formas de trabajo infantil y la acción inmediata para su eliminación (1999) o, si ya forman parte de él, aplicando sus disposiciones;

21. Incrementen la cooperación a nivel internacional, intercambiando información y mejores prác- ticas sobre la lucha contra la trata para la explotación laboral, y estudien el modo de fortalecer la colaboración para el cumplimiento coercitivo de la ley, así como para la protección de las víctimas y la ayuda a su reintegración en caso de repatriación;

322 6.2.1 Disposiciones generales sobre la prevención

22. Mejoren la recopilación y el análisis de datos sobre la relación existente entre la trata para la explotación laboral y la migración, e intercambien esa información con otros Estados participan- tes de la OSCE.

Helsinki 2008 (Decisión nº 5/08 relativa a la mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral)

El Consejo Ministerial,

Resaltando su grave preocupación por el hecho de que la trata de personas siga estando extendida en la región de la OSCE, (…)

Reafirmando nuestro apoyo a los esfuerzos realizados por los Estados participantes en coopera- ción con organizaciones internacionales y regionales, organizaciones no gubernamentales y otros órganos pertinentes, a fin de estudiar un enfoque integral, coordinado e integrado de la lucha con- tra la trata que incluya, entre otras cosas, medidas para la prevención de la trata de personas, para la protección y asistencia de las víctimas, con pleno respeto a sus derechos humanos, y el procesa- miento penal de los traficantes, así como medidas para combatir las actividades de organizaciones delictivas transnacionales y otros que se benefician con la trata de personas, (…)

Astana 2010

9. Al mismo tiempo, en el mundo complejo e interconectado de hoy en día, debemos lograr una mayor unidad en torno a los fines y a las acciones para hacer frente a las amenazas transnaciona- les emergentes, como (…) el tráfico ilícito (…) y la trata de personas. Esas amenazas pueden tener su origen en nuestra región o fuera de ella.

Vilnius 2011 (Declaración ministerial sobre la lucha contra todas las formas de trata de seres humanos)

1. Nosotros, (…), declaramos nuestra firme e inquebrantable determinación de luchar contra la trata de seres humanos en todas sus formas.

2. Declaramos que la trata de seres humanos es un delito grave y atroz, que viola la dignidad humana y socava los derechos humanos y las libertades fundamentales, y que alienta el desarro- llo de redes delictivas organizadas.

3. Seguimos expresando nuestro firme compromiso respecto de la Declaración Universal de Dere- chos Humanos, que dice que: “Nadie estará sometido a esclavitud ni a servidumbre, la esclavitud y la trata de esclavos están prohibidas en todas sus formas ”.

4. Reiteramos el apoyo de los Estados participantes a la ratificación y la plena aplicación de la Con- vención de las Naciones Unidas contra la Delincuencia Organizada Transnacional, y su Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños, como 6 marco internacional para luchar contra la trata de personas. Además, subrayamos la importancia de la adopción por las Naciones Unidas del Plan de Acción Mundial contra la Trata de Personas (GA 64/293), que fomenta la mejora de la cooperación y la coordinación entre todos los principales

323 6.2.1 Disposiciones generales sobre la prevención

interesados y promueve respuestas coordinadas, amplias y consistentes a nivel nacional, regional e internacional, con el fin de combatir la trata de seres humanos, y acogemos con satisfacción los esfuerzos de la OSCE encaminados a su aplicación.

5. Reconocemos los progresos realizados hasta la fecha por los Estados participantes, tanto a nivel individual como colectivo, para hacer frente a ese delito atroz. Recordamos nuestra plena adhe- sión al compromiso de la OSCE de luchar contra la trata de seres humanos y nuestra firme reso- lución de cumplir dicho compromiso mediante la adopción de un enfoque multi como ya ha sido enunciado en diversos documentos de la OSCE, (…).

6. Manifestamos nuestra profunda inquietud por el hecho de que, a pesar de las medidas sosteni- das que se han adoptado a nivel nacional, regional e internacional, la trata sigue siendo un grave problema, el número de víctimas que han sido identificadas y a las que se ha prestado ayuda sigue siendo relativamente bajo, y pocos traficantes han sido llevados ante los tribunales. Nos preocupa mucho que la trata de seres humanos con fines de extracción de órganos, de explotación sexual y de explotación laboral, incluida la servidumbre doméstica, sigue siendo también un grave problema.

7. (…) elogiamos los recientes esfuerzos realizados por la OSCE para poner de relieve el problema de la trata con fines de explotación laboral, incluida la servidumbre doméstica, así como el de la trata de niños y de personas para la extracción de órganos.

8. Fomentamos y respaldamos la cooperación multidisciplinar, la formación intersectorial y las asociaciones multilaterales. (…)

II.

9. Reconocemos que es necesario mejorar las respuestas de la justicia penal a la trata de seres huma- nos, incluido el enjuiciamiento de los traficantes y de sus cómplices, asegurando al mismo tiempo que a las víctimas se les dispensa un trato respetuoso con sus derechos humanos y se les facilita acceso a la justicia, a la asistencia letrada, a remedios eficaces y a otros servicios, según proceda. Estudiaremos técnicas de investigación, como por ejemplo, investigaciones financieras, mejoras del intercambio de información relacionada con los grupos delictivos organizados, y promoción de la aplicación de la ley y de la colaboración judicial transfronterizas, con el fin de identificar de forma efectiva tanto a los traficantes como a las víctimas de la trata.

10. Reconocemos también que hay que adoptar medidas adecuadas para que, cuando proceda, no se penalice a las víctimas de la trata por su participación en actividades ilícitas, siempre que hayan sido obligadas a ello. Instamos a los Estados participantes a que apliquen

11. Redoblaremos los esfuerzos para identificar y prestar asistencia a las víctimas de la trata, teniendo en cuenta especialmente a los grupos vulnerables. Cuando sea del caso, fomentaremos campañas de concienciación dirigidas a las personas susceptibles de ser víctimas de la trata, en las que se aborden los factores sociales, económicos, políticos, culturales y de otro tipo que contribu- yen a aumentar el riesgo de ser víctimas de la trata. Incrementaremos y respaldaremos las tareas de prevención, centrándonos en la demanda que fomenta todas las formas de trata y en los bienes y servicios obtenidos de la trata de personas.

12. Somos conscientes del importante papel que desempeñan las organizaciones de la sociedad civil, en cuanto a proporcionar ayuda y habilitar a las víctimas de la trata.

324 6.2.1 Disposiciones generales sobre la prevención

13. Reconocemos la necesidad de fortalecer los sistemas de protección de la infancia, con el fin de ser eficaces a la hora de prevenir, identificar y dar respuesta a la trata de niños en todas sus formas, así como de facilitar la asistencia adecuada y la protección (…) de los niños que han sido víctimas de la trata o que corran peligro de serlo, especialmente mediante la prestación de los servicios ade- cuados y la adopción de medidas para su bienestar físico y psicológico, así como para su educa- ción, rehabilitación y reintegración.

III.

16. Hacemos hincapié en que la OSCE puede ser una plataforma sumamente valiosa para el diá- logo y la mejora de la cooperación entre los Estados participantes, a fin de dar respuesta amplia a la trata de seres humanos en todas sus formas. Teniendo en cuenta esto, reafirmamos nuestra decisión de cumplir los compromisos de la OSCE, incluido el Plan de Acción contra la trata de personas, de utilizar al máximo las estructuras pertinentes de la OSCE y de reforzar la asociación de la OSCE con otras organizaciones internacionales y regionales, así como con la sociedad civil.

Vilnius 2011 (Decisión nº 10/11 relativa al fomento de la igualdad de oportunidades para la mujer en la esfera económica) (…)

Kiev 2013 (Decisión nº 7.13 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, 6 Reafirmando los compromisos pertinentes de la OSCE de 2000 a 2008, así como la Declaración Ministerial de Vilnius de 2011 sobre la lucha contra todas las formas de trata de seres humanos,

325 6.2.1 Disposiciones generales sobre la prevención

Reiterando el valor estratégico del Plan de Acción de la OSCE de 2003 contra la Trata de Personas, que brinda a los Estados participantes recomendaciones anticipadas sobre medidas que se han de tomar a escala internacional y nacional en el ámbito del enjuiciamiento, la prevención y la protec- ción, y también orienta las actividades de las estructuras ejecutivas correspondientes de la OSCE,

Profundamente preocupado por el notable aumento de todas las modalidades de la trata de perso- nas, tanto a escala transnacional como interna, y reiterando que es especialmente necesario tomar medidas más enérgicas para afrontar el reto de las tendencias y modalidades actuales e incipien- tes de la trata de personas,

Respalda la adopción de la Adición al Plan de Acción de la OSCE contra la Trata de Personas: Un Decenio Después en virtud de la Decisión N° 1107 del Consejo Permanente, y estima que la Adi- ción titulada “Un Decenio Después” constituye parte integrante del Plan de Acción de la OSCE de 2003 contra la Trata de Personas.

Viena 2017 (Decisión nº 6/17 relativa al fortalecimiento de las iniciativas para prevenir la trata de personas)

El Consejo Ministerial,

Reafirmando que la trata de personas es un delito grave y deleznable que viola la dignidad humana y que todos los aspectos de la lucha contra la trata de personas deben basarse sólidamente en el Estado de derecho y el respeto de los derechos humanos,

Reiterando nuestra enérgica condena de todas las modalidades de la trata de personas, incluida para fines de explotación laboral y sexual, la trata de niños, la delincuencia forzada, así como para fines de extracción de órganos, y reconociendo que la prevención de dicho delito es una prioridad,

Reiterando Asimismo nuestro compromiso de abordar los factores que hacen que las personas sean más vulnerables a la trata, y recalcando la importancia de que se aplique un enfoque interdi- mensional e integral para luchar contra la trata, que requiera centrar la atención en aplicar medi- das de prevención efectivas, (…)

Recordando la pertinencia que tiene la Agenda 2030 para el Desarrollo Sostenible a fin de prevenir y combatir la trata de personas, así como la Convención de las Naciones Unidas sobre los Dere- chos del Niño (1989), para quienes se hayan adherido a la misma, (…)

Reconociendo la contribución de la sociedad civil, incluidas las organizaciones religiosas, para pre- venir la trata de personas y ayudar a las víctimas de la misma,

Pide a los Estados participantes que:

1. Elaboren políticas de prevención adaptadas y basadas, según proceda, en la mejora de la inves- tigación y en información fidedigna recopilada de manera sistemática, con apoyo, entre otras cosas, de mecanismos nacionales tales como los relatores nacionales, cuando los haya, a fin de ampliar al máximo el efecto y las repercusiones de las medidas contra la trata en el plano nacio- nal e internacional;

326 6.2.1 Disposiciones generales sobre la prevención

2. Promuevan el diálogo y la cooperación entre los gobiernos, las organizaciones internacionales, la sociedad civil y el sector privado, incluidas las empresas, así como los sindicatos y las patronales en su calidad de interlocutores sociales, con miras a potenciar las iniciativas para prevenir la trata de personas, entre otras cosas, mediante una mayor concienciación acerca del papel que representa cada uno y facilitando el intercambio de información sobre la trata entre los países de origen, trán- sito y destino, incluidos los Socios para la Cooperación, reconociendo que es importante escuchar a las víctimas de la trata a la hora de elaborar estrategias efectivas para luchar contra la misma;

3. Sigan utilizando a la OSCE como plataforma de diálogo sobre la cooperación judicial y de las fuerzas de seguridad, así como sobre la seguridad y gestión de las fronteras, como elemento impor- tante para prevenir la trata de personas;

4. Promuevan programas de fomento de capacidades que sean multinacionales e intersectoriales y en los que participen múltiples organismos, que fomenten medidas para prevenir la trata de per- sonas en todas sus modalidades, prestando una atención especial a los factores que hacen que las personas sean más vulnerables a la trata;

5. Tomen las medidas adecuadas para luchar de manera efectiva contra la trata de personas, ela- borando procedimientos y cursos de formación armonizados, entre otros aspectos sobre la identi- ficación y la protección de las víctimas de la trata, que estén también destinados a las autoridades correspondientes, las organizaciones de la sociedad civil, los trabajadores sanitarios y los asistentes sociales, así como a otras personas que pudieran establecer un primer contacto con las víctimas;

6. Refuercen las iniciativas educativas y de concienciación, incluida la formación en materia de dere- chos humanos, y elaboren y pongan en práctica programas de habilitación que tengan en cuenta las necesidades particulares de mujeres, hombres, niñas y niños, a fin de mejorar la capacidad para reconocer, prevenir y combatir la trata de personas dentro de las comunidades;

7. Adopten un enfoque centrado en las víctimas, con conocimiento de causa sobre sus traumas, (…) el aspecto del género, que respete plenamente los derechos humanos y las libertades funda- mentales en todas las medidas de prevención y asistencia;

8. Reconozcan la contribución importante que pueden realizar los medios informativos a la preven- ción de la trata de personas, entre otras cosas, mediante la adopción de normas profesionales volun- tarias para informar de manera responsable y sensibilizada acerca de los casos de trata de personas;

9. Identifiquen, elaboren e intercambien prácticas recomendadas (…) a fin de crear asociacio- nes nacionales y mundiales fructíferas entre los sectores público y privado para luchar contra la trata de personas, promover el respeto de los derechos humanos y la responsabilidad social de las empresas, entre otras cosas, a través de campañas de concienciación pública sobre el riesgo de la trata de personas en la producción y el abastecimiento de bienes, y en el suministro de servicios;

10. Alienten al sector privado a que adopte políticas y procedimientos para prevenir todas las modalidades de la trata de personas, a que participe activamente en las iniciativas con múltiples interesados, mejore la concienciación acerca de los riesgos de la trata, y tenga en cuenta prácticas recomendadas tales como la creación de mecanismos independientes de supervisión, verificación y certificación para documentar la observancia y la aplicación de códigos de conducta o de nor- mas deontológicas autoimpuestas, entre otras cosas mediante incentivos a las empresas para que 6 actúen con la debida diligencia y transparencia a fin de prevenir el abuso y la explotación de tra- bajadores en sus cadenas de suministro, y a que propicie la igualdad de condiciones para empre- sas que actúen de modo responsable;

327 6.2.1 Disposiciones generales sobre la prevención

11. Promuevan políticas que complementen la legislación nacional y que tengan en cuenta si las empresas están tomando medidas adecuadas y efectivas para abordar los riesgos de la trata, tam- bién en cuanto a sus subcontratistas y empleados, a la hora de adjudicar contratos públicos para obtener bienes y servicios;

12. Tomen las medidas adecuadas para identificar y eliminar la contratación y las prácticas labo- rales abusivas y fraudulentas que puedan desembocar en la trata de personas con fines de explo- tación laboral, explotación sexual, delincuencia forzosa u otras modalidades de la trata, incluidas medidas para promover criterios inequívocos de inscripción en el registro oficial de agencias de contratación y colocación, y mediante el refuerzo de la función que desempeñan las autoridades competentes tales como los inspectores de trabajo;

13. Promuevan medidas para prevenir y abordar la utilización del trabajo forzoso por parte de per- sonal diplomático y personal de misiones diplomáticas, puestos consulares y organizaciones inter- nacionales, y fomenten una política de tolerancia cero hacia la trata por parte de dicho personal, y tengan en cuenta Asimismo las prácticas internacionales recomendadas, como las recopiladas en el Manual de la OSCE para prevenir la trata de personas con fines de servidumbre doméstica en residencias del personal diplomático y proteger a los trabajadores domésticos privados, tomando nota de que muchas de esas medidas son conformes con la Convención de Viena sobre Relaciones Diplomáticas y la Convención de Viena sobre Relaciones Consulares, así como con los acuerdos de sede de organizaciones internacionales, y reconociendo que las Convenciones de Viena recogen la obligación de respetar las leyes y las normativas del Estado de acogida, con inclusión de aquellas concebidas para prevenir y abordar la trata de personas;

14. Encomienden al Representante Especial y Coordinador para la Lucha contra la Trata de Per- sonas de la OSCE y, si procede, a otras estructuras ejecutivas pertinentes, de conformidad con sus mandatos y en coordinación con el Representante Especial de la OSCE, que prosigan la coopera- ción en la Alianza contra la trata de personas y otras plataformas regionales y mundiales, entre ellas el Grupo Interinstitucional de Coordinación contra la Trata de Personas;

15. Alienten a las estructuras ejecutivas pertinentes, de conformidad con sus mandatos y en coor- dinación con el Representante Especial y Coordinador para la Lucha contra la Trata de Personas de la OSCE, a que sigan realizando una investigación, en consulta con los Estados participantes, para organizar actividades de fomento de las capacidades a fin de facilitar asistencia a los Esta- dos participantes que lo soliciten para elaborar políticas y directrices que refuercen las iniciativas para prevenir la trata de personas; (…)

Viena 2017 (Decisión nº 7/17 relativa al fortalecimiento de las iniciativas para combatir todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños)

El Consejo Ministerial, (…)

Profundamente alarmado por la persistencia de todas las formas de trata de niños, tanto transna- cionales como internas, incluida la trata de niños con fines de explotación sexual y laboral, y rei- terando la necesidad de tomar medidas más enérgicas contra ello,

Reafirmando que el interés superior del niño deberá ser una consideración primordial en la toma de decisiones con respecto a los niños que hayan sido víctimas de la trata o de la explotación sexual, así como la importancia de que se respeten las necesidades especiales

328 6.2.1 Disposiciones generales sobre la prevención

Consternado porque la explotación sexual de los niños puede tener consecuencias graves y perma- nentes para el desarrollo físico y psicológico de los niños y para su bienestar y, en muchos casos, es una de las formas de la trata de seres humanos,

Reconociendo que todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños atentan contra la dignidad humana y soca- van el disfrute de los derechos humanos y las libertades fundamentales,

Considerando que todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños constituyen delitos graves y atroces, con participación de la delincuencia organizada en muchos de los casos, que deben ser prevenidos, investigados, enjuiciados y sancionados, (…)

Reconociendo que la explotación sexual de los niños en la industria de los viajes y el turismo, que también puede incluir los viajes de un país a otro, es un delito grave y contribuye a la demanda que fomenta la trata de niños con fines de explotación sexual,

Encomiando a los Estados participantes que colaboran con la industria de los viajes y el turismo, incluidas las líneas aéreas y otras modalidades de transporte, así como los hoteles, el sector de la hostelería en el sentido más amplio, la sociedad civil y las organizaciones internacionales pertinen- tes, por prevenir todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños, y por establecer y aplicar procedimientos destinados a detectar, informar y enfrentarse a presuntos casos de trata de niños,

Subrayando que las tecnologías de la información y las comunicaciones (TIC) pueden desempe- ñar una función positiva en términos de educación, desarrollo y concienciación de los niños, pero que también se puede hacer un uso indebido de las mismas para facilitar el acceso a niños con fines de explotación o para hacer publicidad de ellos con fines de explotación sexual, y que tam- bién pueden usarse indebidamente las plataformas de las redes sociales para la captación de niños que podrían ser sometidos a explotación sexual, así como a cualquier otra forma de trata de niños,

Recordando que la Adición de 2013 al Plan de Acción de la OSCE contra la Trata de Personas pide a los Estados participantes que impartan formación a funcionarios de fronteras y miembros de las fuerzas de seguridad, así como a jueces, fiscales, personal de los servicios de migración, y a todo funcionario público que intervenga en esa esfera, sobre el uso de Internet y de otras tecnologías de la información y las comunicaciones para la trata de personas y sus delitos conexos, especial- mente todas las formas de trata de niños y de explotación sexual de los niños,

Preocupado por que los niños que accedan a pornografía en Internet puedan volverse insensibles a esta y ser más propensos a convertirse en víctimas de la explotación sexual o llegar a perpetrarla,

Tomando nota de que en el último decenio se han desarrollado nuevas formas tecnológicas de veri- ficación de la edad que podrían ayudar a proteger a los niños del acceso a la pornografía en Internet,

Expresando su preocupación por que en los flujos migratorios los niños, especialmente los menores no acompañados, pueden ser particularmente vulnerables a la trata de personas y a la explotación sexual, y que esos riesgos pueden ser mitigados por medio de unas instalaciones especializadas, 6 una seguridad adecuada, una capacitación y un número suficiente de efectivos de personal, así como de personal femenino en las patrullas,

329 6.2.1 Disposiciones generales sobre la prevención

1. Alienta a la cooperación entre los Estados participantes, las organizaciones internacionales y la sociedad civil en la lucha contra todas las formas de trata de niños, especialmente con fines de explotación sexual, así como contra otras formas de explotación sexual de los niños, tomando nota de sus esfuerzos por combatir esos delitos; (…)

8. Alienta a los Estados participantes a que pidan a las empresas del sector de las tecnologías de la información y las comunicaciones y de las redes sociales que retiren e impidan la distribución de contenido sobre abuso sexual infantil en línea, y que protejan a los niños combatiendo la cap- tación de menores perpetrada en línea por traficantes de seres humanos para cualquier forma de trata de niños, así como para otras formas de explotación sexual de los niños, también mediante el desarrollo de nuevas herramientas y tecnologías; (…)

12. Encomienda a las estructuras ejecutivas pertinentes de la OSCE, de conformidad con sus man- datos y en colaboración con el Representante Especial de la OSCE y Coordinador para la Lucha contra la Trata de Personas, que sigan brindando asistencia a los Estados participantes que lo soli- citen en el cumplimiento de los compromisos contraídos en relación con todas las formas de trata de niños, especialmente con fines de explotación sexual, así como otras formas de explotación sexual de los niños;

13. Invita a los Socios de la OSCE para la Cooperación a compartir voluntariamente los compro- misos de los Estados participantes en la lucha contra todas las formas de trata de niños, especial- mente con fines de explotación sexual, así como otras formas de explotación sexual de los niños.

Milán 2018, (Decisión nº 6/18 relativa al fortalecimiento de los esfuerzos para prevenir y combatir la trata de niños, incluidos los menores no acompañados)

El Consejo Ministerial,

Profundamente alarmado por la prevalencia de la trata de niños, incluidos los menores no acompa- ñados, en todas sus formas, especialmente con fines de explotación sexual, trabajo forzado, delin- cuencia forzada, matrimonio forzado y extracción de órganos, (…)

Profundamente preocupado por el gran número de menores no acompañados que están siendo vulnerables a la trata en los últimos años, (…)

Elogiando a los Estados participantes que han adoptado medidas legislativas especiales y de otro tipo para la pronta identificación, recepción y protección de los niños vulnerables a la trata, inclui- dos los menores no acompañados,

Reconociendo la importancia de la contribución de la sociedad civil, incluidas las organizaciones religiosas, entre otras cosas, a la labor de las autoridades nacionales para prevenir y combatir todas las formas de trata de niños, mediante mecanismos nacionales de lucha contra la trata, incluidos mecanismos nacionales de remisión, si procede,

330 6.2.2 Investigación, vigilancia y enjuiciamiento

Tomando nota de la 17ª conferencia de la Alianza contra la trata de personas sobre el tema “La trata de niños y el interés superior del niño” (2017) y de la primera Reunión Suplementaria de la OSCE sobre cuestiones de la Dimensión Humana dedicada al tema “Trata de niños: de la preven- ción a la protección” (2018),

Pide a los Estados participantes que: (…)

13. Encarguen a las estructuras ejecutivas pertinentes de la OSCE que, de conformidad con sus mandatos, dentro de los recursos disponibles y en coordinación con el Representante Especial de la OSCE y Coordinador para la lucha contra la Trata de Personas, sigan ayudando a los Esta- dos participantes que lo soliciten a abordar todas las formas de trata de niños, entre otras cosas, ampliando al máximo los conocimientos existentes y velando al mismo tiempo por que no haya duplicación de esfuerzos ni de programas financiados.

6.2.2 Investigación, vigilancia y enjuiciamiento

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

Viena 2000 (Decisión relativa al fortalecimiento de los esfuerzos de la OSCE para luchar contra la trata de seres humanos)

El Consejo Ministerial, (…)

3. Reconoce la responsabilidad principal de los Estados participantes en la lucha contra la trata sobre la base de un enfoque integrado y coordinado que incluya (…) el proceso jurídico de trafi- cantes y sus cómplices; (…)

Bucarest 2001 (Decisión nº 6/01)

El Consejo Ministerial, (…)

Fomenta los intercambios de información encaminados a fortalecer la investigación, el cumpli- 6 miento de la ley y la prevención del delito;

331 6.2.2 Investigación, vigilancia y enjuiciamiento

Oporto 2002 (Declaración sobre la trata de personas)

Instamos a los Estados participantes a recurrir en mayor medida a la cooperación internacional en su lucha contra la delincuencia organizada transnacional, sobre todo en lo relativo al tráfico de armas y de drogas, así como al tráfico ilícito de migrantes. Esa cooperación debe procurar la parti- cipación de servicios de policía o de vigilancia internacionales, tales como la Interpol y la Europol, así como la Iniciativa de Cooperación para Europa sudoriental (SECI), con miras a facilitar la ins- trucción de la causa y el enjuiciamiento de los responsables de la trata de personas con arreglo a su derecho interno y, cuando proceda, en el cumplimiento de sus obligaciones internacionales. (…)

Maastricht 2003 (Anexo a la Decisión nº 2/03 relativa a la lucha contra la trata de personas; Plan de acción de la OSCE contra la trata de personas)

III. Investigación, vigilancia y enjuiciamiento (…)

Medidas recomendadas en el ámbito nacional

1. Penalización 1.1 Adoptar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito toda conducta enunciada en el artículo 3 del Protocolo para prevenir, reprimir y sancionar la trata de personas, especialmente mujeres y niños que complementa la Convención de las Naciones Uni- das contra la Delincuencia Organizada Transnacional. 1.2 Aprobar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito: • Toda tentativa de perpetrar actos delictivos de esta índole; • Toda participación en calidad de cómplice en uno de estos actos; • Toda orden dada a otras personas para que cometan uno de estos delitos, o toda participación en su organización. 1.3 Adoptar toda medida que sea necesaria para que las personas jurídicas hayan de responder, junto a las personas naturales, de todo delito de trata en el que participen. Sin menoscabo de los principios del derecho interno, en este campo, de cada Estado participante, la responsabilidad de toda persona jurídica a este respecto podrá ser tanto penal como civil o administrativa. 1.4 Adoptar toda medida legislativa que sea requerida para imponer penas adecuadas y eficaces con- tra estos actos, incluida la pena de prisión, en las que se tenga en cuenta la gravedad de este delito. Cuando proceda, la ley deberá prever penas adicionales para toda persona culpable del delito de trata con agravantes, como sería el supuesto de la trata de niños o de todo delito cometido por el titular de un cargo público o con su complicidad. 1.5 Prever la confiscación legal de los instrumentos y del producto de todo delito de trata o conexo, destinando, cuando lo permita el derecho interno, el producto confiscado de la trata al socorro de las víctimas de dicho tráfico. Prever, cuando sea posible, el establecimiento de un fondo de indem- nización para las víctimas de la trata y destinar el producto de todo bien confiscado a la financia- ción de dicho fondo. 1.6 Velar por que todo delito o acto constitutivo de un delito de trata y todo delito conexo sean decla- rados motivo de extradición en el derecho interno y en todo tratado de extradición que se concierte. 1.7 Adoptar toda medida legislativa o de otra índole que sea necesaria para tipificar como delito todo acto de corrupción activa o pasiva del titular de un cargo público, conforme se dispone en

332 6.2.2 Investigación, vigilancia y enjuiciamiento

los artículos 8 y 9 de la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional. 1.8 Velar por que las víctimas de la trata no sean llevadas ante los tribunales por el solo hecho de haber sido víctimas de la trata.

2. Respuesta de los servicios policiales y de vigilancia 2.1 Aplicar con rigor toda medida legal contra la trata o delitos conexos. 2.2 Crear cuerpos especiales para la lucha contra la trata – con personal de ambos sexos- especia- lizados en la investigación de delitos de agresión sexual o contra menores, velando además por la competencia y la integridad profesional del personal así formado. 2.3 Crear servicios especializados en la lucha contra la corrupción. 2.4 Desarrollar servicios de policía de base comunitaria, a fin de conseguir un mayor grado de con- fianza entre la policía y la población local que facilite, entre otras cosas, la obtención de informa- ción relativa a la trata y la colaboración de las víctimas en la denuncia de los delitos. 2.5 Reforzar la cooperación entre los servicios de investigación y vigilancia encargados de deter- minar el origen delictivo de todo bien o activo financiero que se sospeche sea producto de la trata. 2.6 Facilitar no sólo los recursos y la capacitación requerida para la formación de servicios espe- cializados en el análisis y procesamiento de información criminal, sino también formar a otros especialistas y dotar a los servicios de vigilancia del equipo requerido para llevar a cabo sus tareas contra la trata. 2.7 Alentar a los investigadores y fiscales a proseguir su labor de investigación e instrucción de la causa sin depender única y exclusivamente de la prueba testimonial, y a explorar toda otra vía que evite a la víctima el deber de comparecer ante el tribunal, para prestar testimonio. Alentar a los medios informativos para que expongan claramente el problema de la trata de personas y descri- ban con realismo la situación de sus víctimas. 2.8 Tomar las oportunas medidas para que todo miembro de una misión de la OSCE, que actúe en violación del Código de Conducta o de toda otra norma aplicable a dicho personal, sea objeto de las sanciones prescritas para dichos casos, incluido todo procedimiento disciplinario o penal que sea del caso. 2.9 Reprimir con carácter prioritario todo acto de corrupción del personal local de vigilancia, y velar por la adopción de las debidas medidas penales o disciplinarias contra toda autoridad de los servicios de vigilancia que sea culpable de alguna práctica corrupta relacionada con la trata.

3. Intercambio de información y cooperación entre los servicios de vigilancia de los Estados par- ticipantes 3.1 Instituir una cooperación estrecha entre sus respectivos servicios de vigilancia, en el marco de su propio ordenamiento legal y administrativo interno, a fin de reforzar la eficacia de las medi- das de policía contra todo delito que sea objeto del presente Plan de Acción. Fomentar igualmente la cooperación y coordinación entre los cuerpos de vigilancia y de seguridad del propio Estado. 3.2 Esforzarse, en particular, por adoptar medidas eficaces que: • Fortalezcan, y de ser necesario, establezcan canales de comunicación entre los Estados parti- cipantes; 6 • Fomenten la cooperación entre sus servicios en toda labor de indagación referente a un delito objeto del presente Plan de Acción;

333 6.2.2 Investigación, vigilancia y enjuiciamiento

• Faciliten la mutua entrega, siempre que proceda, de los elementos de prueba requeridos para fines analíticos o de investigación; • Establezcan dispositivos de coordinación eficaces entre sus respectivas autoridades, agencias y servicios competentes en este campo, procurando recurrir al intercambio de personal profe- sional o pericial, y al nombramiento de oficiales de enlace en los Estados participantes interesa- dos, en el marco de acuerdos o arreglos bilaterales; • Faciliten el intercambio de información sobre los medios y métodos utilizados por los grupos delictivos organizados, entregando datos, cuando proceda, sobre las rutas y medios de trans- porte y sobre el empleo de identidades falsas y de documentos alterados o falsificados o de todo otro medio que sirva para la ocultación de estas actividades; • Sirvan para coordinar toda medida administrativa o de otra índole que se estime apropiada para la pronta detección e imputación de todo delito previsto por el presente Plan de Acción. 3.3 Concertar acuerdos de cooperación bilaterales y multilaterales entre servicios nacionales de vigilancia para el intercambio de información. 3.4 Colaborar en la definición de normas comunes para la recogida de datos estadísticos.

4. Medidas de asistencia y amparo para los testigos y víctimas que hayan de comparecer ante la justicia penal 4.1 Adoptar medidas adecuadas, particularmente legales, en el marco de las posibilidades de cada Estado participante, para amparar debidamente a todo testigo que haya de deponer en un jui- cio por algún delito previsto en el presente Plan de Acción, contra toda medida de intimidación o represalia de la que pueda ser víctima, así como a todo familiar o persona de su entorno que pudiera verse afectada. 4.2 Alertar a las autoridades y funcionarios de los servicios de vigilancia sobre su responsabilidad en lo relativo a la seguridad y el bienestar inmediato de toda víctima de la trata. 4.3 Amparar la confidencialidad de ciertos datos y el derecho de toda víctima a su intimidad, lo que deberá ya hacerse al recogerse y analizarse dichos datos. 4.4 Facilitar la participación de la víctima como testigo en la instrucción de la causa y en la vista oral o en toda otra actuación penal que sea del caso, ofreciéndole la posibilidad de reubicación como forma eventual de protección de testigos en estos procesos. 4.5 Facilitar asistencia letrada a toda víctima que haya de decidir si presta o no testimonio ante los tribunales. 4.6 Permitir que las ONG presten asistencia a las víctimas en sus actuaciones ante los tribunales, de no ser ello contrario al derecho interno del país.

5. Capacitación 5.1 Impartir formación en los diversos aspectos de la trata de personas a los agentes de los servi- cios de vigilancia fronteriza y policiales, así como a los jueces, fiscales, personal de los servicios de migración y a todo otro agente público que intervenga en esta esfera, y mejorar esa formación cuando proceda. 5.2 Dichos programas de capacitación deberán prestar particular atención a toda cuestión de dere- chos humanos, de menores o que entrañe consideraciones de género, alentando a este respecto la colaboración con las organizaciones no gubernamentales y otras entidades pertinentes, así como con elementos de la sociedad civil.

334 6.2.2 Investigación, vigilancia y enjuiciamiento

6. Medidas fronterizas 6.1 Considerar la posible adopción de medidas que permitan, con arreglo al derecho interno, dene- gar la entrada, revocar el visado, o detener provisionalmente a toda persona implicada en algún delito de trata tipificado con arreglo a derecho. 6.2 Considerar la posibilidad de reforzar la cooperación entre los servicios fronterizos mediante, por ejemplo,

7. Documentación para fines de control y seguridad 7.1 Adoptar, dentro de lo posible, toda medida que sea necesaria para conseguir que los documen- tos de identidad y de viaje, emitidos por un Estado participante o en su nombre, sean de una cali- dad que no se preste a su falsificación o utilización indebida ni a su reproducción o emisión ilícita.

8. Legitimidad y validez de los documentos en uso 8.1 A solicitud de todo otro Estado participante y de conformidad con su propio derecho interno, verificar en un plazo razonable la legitimidad y validez de todo documento de identidad o de viaje supuestamente emitido por las autoridades del propio Estado, o en su nombre, siempre que exista un motivo razonable para sospechar que dicho documento esté siendo empleado para la trata de personas

Sofía 2004 (Decisión nº 13/04 relativa a las medidas especiales de amparo y asistencia para los niños víctimas de la trata) El Consejo Ministerial, (…)

1. Decide intensificar los esfuerzos de la OSCE destinados a evitar que los niños sean objeto de la trata, (…) así como facilitando el encausamiento de los autores de la trata de niños, (…)

El Consejo Ministerial, (…)

2. Insta a los Estados participantes a que promuevan la adopción de un enfoque integral para la lucha contra todas las formas de la trata de personas, mediante acuerdos nacionales, regionales e internacionales, medidas de cooperación y coordinación entre el personal de los cuerpos de segu- ridad, inspecciones laborales, dependencias de protección social, instituciones sanitarias, servicios de inmigración y de fronteras, (…) y otros agentes pertinentes, y adoptando también un enfoque para ocuparse de las cuestiones de género. Con ese fin, se recomienda a los Estados participan- 6 tes que establezcan mecanismos nacionales de consulta y que nombren coordinadores nacionales; (…)

335 6.2.2 Investigación, vigilancia y enjuiciamiento

6. Alienta a los Estados participantes a que luchen con mayor empeño contra la trata de personas para fines de explotación laboral procurando velar, en particular, por que: (…)

(g) Se adopten las mejores prácticas operativas de investigación policial de la trata de personas para fines de explotación laboral, procurando además que los miembros de la policía que se ocu- pan de esa cuestión se mantengan en contacto con el personal de contraparte de los organismos encargados de investigar las condiciones laborales, a fin de que se adopte un enfoque multidisci- plinario que ayude a identificar a las víctimas y a amparar sus derechos; (…)

Madrid 2007 (Decisión nº 8/07 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Pide a los Estados participantes que: (…)

4. Redoblen sus esfuerzos y elaboren procedimientos más eficaces para identificar a las víctimas de la trata, proporcionando a los inspectores laborales la formación y los recursos necesarios para llevar a cabo esa tarea e intensificando, cuando proceda, las inspecciones en los sectores más vul- nerables a la explotación laboral; (…)

6. Estudien la posibilidad de proporcionar, de conformidad con su ordenamiento jurídico interno, representación alternativa legal a víctimas de la trata para la explotación laboral, cuando la víc- tima no sea capaz de representarse a sí misma; (…)

14. Velen por que se impongan sanciones efectivas y proporcionadas a aquellas personas que faci- liten la trata para la explotación laboral, incluidos los empleadores explotadores;

15. Velen también por que se impongan sanciones eficaces a los empleadores o a las agencias de empleo que creen situaciones en que la víctima quede en condiciones de esclavitud por tener que pagar una deuda; (…)

17. Estudien la posibilidad de velar por que a los contratistas que, a sabiendas, emplean a sub- contratistas involucrados en actividades de trata para la explotación laboral, pueda perseguírse- les por ese delito;

18. Estudien también la posibilidad de organizar actividades de capacitación para jueces, fiscales, agentes de policía e inspectores laborales, en materia de trata para la explotación laboral, tanto desde la perspectiva de los enjuiciamientos como de la protección de las víctimas y, a ese respecto, aseguren, cuando sea necesario, que se facilitan los recursos adecuados; (…)

336 6.2.2 Investigación, vigilancia y enjuiciamiento

Helsinki 2008 (Decisión nº 5/08 relativa a la mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral)

El Consejo Ministerial, (…)

Reiterando su preocupación acerca de que, a pesar de la vigencia de las medidas adoptadas en el ámbito internacional, regional y nacional, (…) y pocos los traficantes que han sido llevados ante la justicia,

Reconociendo que brindar a las víctimas de la trata una protección y asistencia adecuadas y mejo- rar la identificación de las víctimas son algunos de los requisitos previos para que la justicia penal ofrezca una respuesta eficaz a la trata de personas, incluido el procesamiento penal de los trafi- cantes y sus cómplices,

Reiterando que el compromiso de luchar contra ese delito atañe por igual a los países de origen, de tránsito y de destino,

Reafirmando nuestro apoyo a los esfuerzos realizados por los Estados participantes en cooperación con organizaciones internacionales y regionales, organizaciones no gubernamentales y otros órga- nos pertinentes, a fin de estudiar un enfoque integral, coordinado e integrado de la lucha contra la trata que incluya, entre otras cosas, medidas para la prevención de la trata de personas, (…) y el procesamiento penal de los traficantes, así como medidas para combatir las actividades de orga- nizaciones delictivas transnacionales y otros que se benefician con la trata de personas, (…)

Resuelto a potenciar las respuestas eficaces de la justicia penal a la trata de personas,

1. Alienta a aquellos Estados participantes que aún no lo hayan hecho a que velen por que todas las formas de trata de personas definidas en el Plan de Acción de la OSCE queden tipificadas como delito en su legislación penal nacional y que los autores de delitos de trata de personas no gocen de impunidad;

2. Alienta a los Estados participantes a que velen por que se incluya la capacitación en materia de lucha contra la trata de personas en los planes de estudios del personal de las fuerzas encargadas del cumplimiento de la ley, y que se imparta formación especializada en la lucha contra la trata a los agentes pertinentes de los servicios nacionales de la fiscalía y de la judicatura. Todo Estado parti- cipante tendrá en cuenta las políticas relacionadas con la trata de personas y sus repercusiones a la hora de formar al personal militar y civil que vaya a ser desplegado en el extranjero;

3. Insta a los Estados participantes a que velen por que las fuerzas encargadas del cumplimiento de la ley y, si procede, la judicatura coopere entre sí y con otros órganos, incluidos los servicios socia- les y, cuando sea del caso, con las organizaciones de la sociedad civil pertinentes, a fin de introdu- 6 cir mejoras en la identificación de las víctimas de la trata;

337 6.2.2 Investigación, vigilancia y enjuiciamiento

4. Alienta a los Estados participantes, si procede y así lo disponen sus respectivas legislaciones, a que velen por que las organizaciones de la sociedad civil que se ocupan de la protección de los derechos de las víctimas de la trata, tengan la posibilidad de brindar asistencia y apoyo a las vícti- mas, también en el transcurso de los procedimientos penales, y en ese contexto, que consideren el establecimiento de una cooperación entre las fuerzas encargadas del cumplimiento de la ley y las organizaciones de la sociedad civil;

5. Pide a los Estados participantes que velen por que, cuando sus autoridades consideren que hay suficientes pruebas para sospechar que una persona es víctima de la trata, no la deportaren hasta que no se haya completado adecuadamente el proceso de identificación y haya recibido la asisten- cia apropiada, incluidos, si así lo exige la legislación nacional, una recuperación y un período de reflexión adecuados durante los cuales no deberá tener lugar la deportación; (…)

7. Pide a los Estados participantes que aún no lo hayan hecho que prevean medidas especiales des- tinadas a la protección y asistencia de los niños víctimas de la trata durante los procedimientos penales, de conformidad con los principios basados en el interés del niño, la no discriminación, la participación y la oportunidad de que el niño sea escuchado;

8. Insta a los Estados participantes que aún no lo hayan hecho a que velen por que las investiga- ciones o encausamientos relacionados con la trata de personas no dependan de la existencia de un informe o acusación de la víctima;

9. Pide a los Estados participantes que continúen realizando esfuerzos a fin de velar por que las víctimas de la trata de personas sean tratadas de tal manera que se respete el pleno Disfrute de sus derechos humanos, sin amenazas intimidatorias o acosos, y que se reconozca la necesidad de la víctima de disponer de un plazo adecuado para reponerse del trauma sufrido;

10. Alienta a los Estados participantes a que adopten medidas, de conformidad con las condiciones establecidas en sus respectivos marcos jurídicos, encaminadas a que las víctimas de la trata dispon- gan de la posibilidad de obtener una compensación justa y apropiada por los daños sufridos, y pue- dan reclamar daños y perjuicios durante los procedimientos penales y/o civiles, según proceda;

11. Pide una mayor cooperación de las fuerzas de seguridad y la fiscalía nacionales con los órganos internacionales pertinentes, incluidas la Interpol y la Europol, así como con las fuerzas encarga- das del cumplimiento de la ley de otros Estados participantes, por ejemplo, mediante la creación de oficiales de enlace o de equipos de investigación conjuntos, en aquellos casos en que proceder de esa manera incrementaría la eficiencia y eficacia de las respuestas de la justicia penal;

12. Insta a los Estados participantes a que intensifiquen las medidas destinadas a desmontar las redes de la trata de personas, en las que se incluyan también investigaciones financieras, investi- gaciones sobre blanqueo de dinero procedente de la trata y la congelación o confiscación de bie- nes de los traficantes de personas;

338 6.2.2 Investigación, vigilancia y enjuiciamiento

Vilnius 2011 (Declaración ministerial sobre la lucha contra todas las formas de trata de seres humanos) (…)

13. Reconocemos la necesidad de fortalecer los sistemas de protección de la infancia, con el fin de ser eficaces a la hora de prevenir, identificar y dar respuesta a la trata de niños en todas sus formas, así como de facilitar la asistencia adecuada y la protección de los niños que han sido víctimas de la trata o que corran peligro de serlo, especialmente mediante la prestación de los servicios ade- cuados y la adopción de medidas para su bienestar físico y psicológico, así como para su educa- ción, rehabilitación y reintegración.

Kiev 2013 (Declaración Ministerial sobre el fortalecimiento de las iniciativas de la OSCE para afrontar las amenazas transnacionales)

Nosotros, los miembros del Consejo Ministerial de la OSCE, reconociendo la naturaleza cambiante de las amenazas transnacionales en la región de la OSCE y fuera de la misma, y la necesidad de brindar respuestas colectivas y eficaces en el plano internacional que estén coordinadas y basadas en un enfoque interdimensional, (…),

Encomiamos las actividades llevadas a cabo por los Estados participantes de la OSCE destinadas a fortalecer la cooperación para afrontar los retos transnacionales en ámbitos tales como la lucha contra el terrorismo, la lucha contra la delincuencia organizada, la trata de personas, el tráfico de drogas ilícitas, las actividades relacionadas con la policía, y la seguridad y gestión de fronteras, así como el desarrollo de medidas de fomento de la confianza (MFC) (…) (…)

Alentamos a los Estados participantes y a las estructuras ejecutivas correspondientes de la OSCE a que, en el marco de sus mandatos y de los procedimientos establecidos, intensifiquen sus esfuerzos a fin de lograr una mayor unidad de sus objetivos y actividades destinados a afrontar las amenazas transnacionales actuales y emergentes, y a que sigan dialogando en esta esfera, concretamente en conferencias temáticas en el marco de toda la OSCE centradas en esta cuestión específica y orien- tadas a obtener resultados, que se celebren preferiblemente una vez al año, según proceda;

Invitamos a los Estados participantes de la OSCE, con el apoyo de las estructuras ejecutivas corres- pondientes de la OSCE cuando así lo requieran, a que amplíen la cooperación con las Naciones Unidas y con otras organizaciones internacionales y regionales pertinentes, basándose en la Plata- 6 forma de la OSCE para la Seguridad Cooperativa de 1999 y contando con los Socios mediterráneos y asiáticos de la OSCE para la Cooperación, a fin de seguir reforzando la capacidad de la OSCE para luchar contra las amenazas transnacionales, especialmente con la participación de la sociedad civil.

339 6.2.2 Investigación, vigilancia y enjuiciamiento

Basilea 2014 (Decisión nº 7/14 relativa a prevenir y combatir la violencia contra la mujer la mujer) (…)

(D) Persecución

7. Alienta a los Estados participantes a que:

Viena 2017 (Decisión nº 6/17 relativa al fortalecimiento de las iniciativas para prevenir la trata de personas) (…)

3. Pide a los Estados participantes de la OSCE que aún no lo hayan hecho que consideren adoptar las medidas jurídicas que les permitan enjuiciar a sus ciudadanos por delitos sexuales graves con- tra los niños, incluso si esos delitos se cometen en otro país;

4. Pide a los Estados participantes de la OSCE que impidan todas las formas de trata de niños y de explotación sexual de los niños, también en destinaciones turísticas, a través de la educación y la concienciación, y que colaboren con el sector privado y la sociedad civil a fin de crear conciencia en la industria del turismo, así como entre los viajeros de negocios y los turistas, para ayudar a eli- minar la demanda que alimenta la trata de niños y la explotación sexual de los niños;

5. Pide a los Estados participantes de la OSCE que intensifiquen la cooperación y coordinación entre sus autoridades competentes, como las fuerzas policiales y los servicios de inmigración y fronte- ras de los Estados participantes, los Socios para la Cooperación y los Estados de destino que no se encuentren en la región de la OSCE, teniendo también en cuenta la posible adopción de medidas, en plena conformidad con las normativas nacionales y los marcos de protección de datos nacio- nales e internacionales, tales como:

340 6.2.2 Investigación, vigilancia y enjuiciamiento

(a) Adoptar medidas administrativas adicionales en relación con los autores de delitos, tales como la creación de registros de delincuentes sexuales condenados por explotación o abuso sexual de niños, según proceda; (b) Cuando sea pertinente, establecer canales transnacionales de intercambio o recepción de infor- mación entre cuerpos policiales o autoridades judiciales sobre personas condenadas por explota- ción o abuso sexual de niños;

6. Insta a los Estados participantes a que enjuicien a los traficantes de seres humanos y a los auto- res de delitos relacionados con la explotación sexual de los niños, incluidos aquellos que hagan un uso indebido de las tecnologías de la información y las comunicaciones para reclutar a niños o facilitar el acceso a niños con el fin de someterlos a la trata o a la explotación sexual, e imponer sanciones que sean eficaces, disuasorias y proporcionadas al delito;

7. Pide a los Estados participantes que aún no lo hayan hecho que promuevan la aplicación de tecno- logías de verificación de la edad con miras a limitar el acceso de los niños a sitios web pornográficos;

9. Pide a los Estados participantes que, según proceda y protegiendo al mismo tiempo los datos personales contra su uso delictivo, compartan información acerca de la trata de niños y la explota- ción sexual de los niños con la base de datos de imágenes sobre explotación sexual infantil (ICSE) de la Interpol, que es una plataforma para la identificación de víctimas en todo el mundo que tam- bién puede ayudar a identificar a los traficantes y a sus colaboradores y rastrear el flujo financiero para desmantelar redes criminales;

10. Pide a los Estados participantes que incrementen la capacitación especializada en tecnologías de la información y las comunicaciones para funcionarios de fronteras, miembros de las fuerzas de seguridad, jueces, fiscales, funcionarios de inmigración y otros funcionarios pertinentes, así como para profesores y profesionales de la salud, según corresponda, con objeto de combatir todas las formas de trata de niños, así como otras formas de explotación sexual de los niños;

11. Alienta a los Estados participantes a que creen conciencia pública sobre las vulnerabilidades de los niños en los flujos migratorios ante todas las formas de trata de niños, especialmente con fines de explotación sexual, así como ante otras formas de explotación sexual de los niños, para aumentar las capacidades y ampliar el alcance de los encargados de actuar en primera línea con la finalidad de identificar a niños víctimas de la trata y de otras formas de explotación sexual y pro- porcionarles protección, así como asistencia apropiada, y derivarlos para que reciban asistencia jurídica, así como reparaciones efectivas y otros servicios, según proceda,, conforme a las disposi- ciones pertinentes de la Adición de 2013 al Plan de Acción de la OSCE contra la Trata de Personas;

341 6.2.3 Protección de las víctimas y prestación de asistencia

Milán 2018, (Decisión nº 6/18 relativa al fortalecimiento de los esfuerzos para prevenir y combatir la trata de niños, incluidos los menores no acompañados) (…)

9. Alienten a los encargados del cumplimiento de la ley o a otras autoridades pertinentes, si pro- cede, a que cooperen entre sí recopilando e intercambiando información, de conformidad con sus leyes nacionales respectivas, especialmente las relativas a la protección de datos personales, acerca de niños víctimas de la trata, con el fin de reforzar su protección y resolver el problema de los niños desaparecidos;

10. Refuercen la cooperación nacional, regional e internacional para prevenir y combatir la trata de niños, especialmente en lo que respecta a comunicar y compartir información acerca de niños víctimas de la trata, incluidos los menores no acompañados, con arreglo a sus respectivas leyes nacionales, especialmente a las relativas a la protección de datos personales;

11. Consideren la posibilidad de crear un punto de contacto nacional al que puedan dirigirse los funcionarios de otros países para hacer preguntas acerca de niños víctimas de la trata, especial- mente de los que han desaparecido y de los que tienen intención de regresar a sus respectivos paí- ses de origen;

12. Aumenten los esfuerzos para prevenir la trata de niños, luchar contra la cultura de la impuni- dad, y abordar y reducir la demanda que fomenta todas las formas de explotación;

6.2.3 Protección de las víctimas y prestación de asistencia

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

24. Adoptaremos medidas para (…) para poner fin a la violencia contra mujeres y niños, así como a la explotación sexual y a toda otra forma de trata de seres humanos. A fin de impedir dichos deli- tos promoveremos, entre otras medidas, (…) reforzar la protección de las víctimas.

Viena 2000 (Decisión relativa al fortalecimiento de los esfuerzos de la OSCE para luchar contra la trata de seres humanos)

El Consejo Ministerial, (…)

9. Se compromete a tomar las medidas necesarias, incluso mediante la adopción y aplicación de legislación, para tipificar como delito la trata de personas (...) Estas normas tendentes a combatir la trata deben partir del pleno respeto de los derechos humanos y prever medidas para amparar los derechos humanos de las víctimas, velando por que las víctimas de la trata no sean inculpadas por la sola razón de haber sido objeto de la trata;

10. Examinará la adopción de medidas legislativas o de otra índole, como por ejemplo, el esta- blecimiento de centros de acogida, para que las víctimas de la trata de seres humanos puedan

342 6.2.3 Protección de las víctimas y prestación de asistencia

permanecer en sus territorios, a título temporal o permanente, en los casos apropiados; así como el establecimiento de procesos de repatriación apropiados para las víctimas de la trata en los que se tenga debidamente en cuenta su seguridad, incluido el suministro de documentos; y la elabo- ración de normas relativas a la prestación de beneficios económicos y sociales a las víctimas, así como su rehabilitación y reinserción en la sociedad;

Oporto 2002 (Declaración sobre la trata de personas)

Nos esforzaremos también por asistir y proteger a las víctimas de la trata, especialmente muje- res y niños y cuando proceda estableceremos, con este fin, servicios de consulta eficaces y de fácil acceso, velando por que las víctimas de la trata no sean llevadas ante los tribunales por el mero hecho de haber sido objeto de la trata. Se ha de respetar en todo momento la dignidad de las víc- timas y sus derechos humanos. (…)

Somos conscientes de que una cooperación más intensa entre los agentes interesados en los países de origen, de tránsito y de destino tiene una importancia crítica en los programas de retorno de víctimas de la trata, y de que facilita su reinserción social. En consecuencia, alentamos a todas las organizaciones que prestan asistencia a las víctimas, y particularmente a las ONG, a que intensi- fiquen esa cooperación.

Estudiaremos la adopción de toda medida legislativa, o de otra índole, que permita que las vícti- mas de la trata permanezcan en el territorio de nuestros países, con carácter temporal o perma- nente, en los casos en que proceda, y obraremos al respecto con criterios humanitarios y sentido de compasión.

Maastricht 2003 (Anexo a la Decisión nº 2/03 relativa a la lucha contra la trata de personas; Plan de acción de la OSCE contra la trata de personas)

V. Protección y asistencia (…)

1. Labor de investigación y recogida de datos 1.1 Recoger datos mediante el análisis y el intercambio de información sobre prácticas recomen- dadas y otras medidas de protección y asistencia eficaz a las víctimas de la trata, que se estén apli- cando en Estados participantes de la OSCE.

2. Medidas legislativas 2.1 Examinar la necesidad de promulgar nuevas leyes relativas a la asistencia y protección que se ha de dar a las víctimas de la trata, particularmente durante la instrucción de la causa y las actua- ciones ante el tribunal. 2.2 Ratificar, o dar su adhesión, y poner plenamente en práctica el Protocolo para prevenir, repri- mir y sancionar la trata de personas, especialmente mujeres y niños, que complementa a la Con- vención de las Naciones Unidas contra la Delincuencia Organizada Transnacional.

3. Servicio nacional de consulta (NRM).* 6 * El documento de la ODIHR [National Referral Mechanisms: A Practical Handbook] puede ser una fuente útil de asesoramiento e información sobre el papel de los MNDs en la prestación de asistencia y protección a las vícti- mas de trata).

343 6.2.3 Protección de las víctimas y prestación de asistencia

3.1 Crear servicios nacionales de consulta como parte de un marco cooperativo transnacional en el que los Estados participantes cumplan con su obligación de amparar y promover los derechos humanos de las víctimas de la trata en coordinación y asociación estratégica con entidades de la sociedad civil local y otros agentes que intervengan en este campo. 3.2 Impartir orientación que facilite la identificación y el tratamiento adecuado de toda víctima de la trata, por métodos que respeten la dignidad y los pareceres personales de la víctima. 3.3 Combinar la labor de los servicios de vigilancia, así como de todo servicio especializado o de ámbito local destinado a la lucha contra la trata, así como del personal de los servicios de migra- ción y fronterizos, de las dependencias de protección social, de las instituciones médicas y de las ONG y otras entidades de la sociedad civil, por tratarse de los principales órganos o servicios que deberían participar en las actividades de estos centros. 3.4 Establecer servicios apropiados que permitan armonizar la asistencia prestada a las víctimas con la labor de investigación y de instrucción de la causa penal. 3.5 Señalar a la atención pública la necesidad de una cooperación más estrecha entre la policía y las ONG en orden a la identificación, amparo y asesoramiento de las víctimas de la trata. 3.6 Vincular las actividades de estos servicios nacionales de consulta con las de los órganos inter- ministeriales, de coordinación nacional y de las ONG y otras entidades nacionales competentes en este campo para formar un equipo transectorial y multidisciplinario que sea capaz de favore- cer y supervisar la puesta en práctica de la política que se adopte contra la trata.

4. Albergues 4.1 Establecer albergues, administrados por autoridades públicas o por las ONG u otras entida- des de la sociedad civil, que atiendan a las necesidades de las víctimas de la trata. Estos albergues deberán ofrecer a las víctimas un lugar de amparo, así como acceso a asesoramiento independiente en un idioma que la víctima conozca, y que presten primeros auxilios médicos, dando además a la víctima una oportunidad de recapacitar sobre lo sucedido, tras el trauma que haya podido sufrir. Cabe aprovechar para dichos fines las instalaciones y servicios ya existentes de socorro a mujeres en situaciones difíciles. 4.2 Proporcionar a todas las víctimas de la trata acceso a dichos centros de acogida, independien- temente de que estén o no dispuestas a cooperar con las autoridades en sus investigaciones. 4.3 Prestar especial atención a velar por la seguridad del personal de tales centros de acogida, el carácter secreto de la información obtenida, y la seguridad y privacidad de las víctimas de la trata. 4.4 Utilizar dichos albergues para ofrecer oportunidades de capacitación a las víctimas de la trata que faciliten su reinserción social, empleo y futura independencia, y que mejoren su competitivi- dad laboral con posterioridad a la experiencia traumática que hayan vivido.

5. Documentación 5.1 Velar por que, cuando sea necesario, se dote de documentación a la víctima, como primera medida para dilucidar su identidad y situación en los países de destino, allanando así el camino para encontrar la modalidad de asistencia que más convenga en cada caso, tales como la repatria- ción, preferiblemente voluntaria, la concesión de un permiso de residencia temporal o definitivo, y/o la regularización de su situación laboral. 5.2 Mejorar la cooperación entre los servicios de vigilancia y de seguridad en los países de origen, de tránsito y de destino, y el personal competente de todas las instituciones encargadas de ampa- rar los derechos de las víctimas de la trata, entre ellos el personal de las embajadas y los consula- dos de los Estados participantes, a fin de facilitar una verificación rápida de los datos personales y evitar demoras indebidas o excesivas.

344 6.2.3 Protección de las víctimas y prestación de asistencia

5.3 Informar a toda persona identificada como víctima de la trata de su derecho de acceso a los representantes diplomáticos y consulares de su país de origen.

6. Prestación de servicios de asistencia social 6.1 Elaborar programas de asistencia y reinserción social, que incluyan asistencia letrada en un idioma que hable la víctima, asistencia médica y sicológica y acceso a servicios sanitarios, ya sea en los propios centros de acogida o en otras instituciones que sean del caso. 6.2 Estudiar la posibilidad de adoptar, cuando no sea incompatible con el derecho interno, medidas legales que permitan destinar el producto de los bienes confiscados para complementar la finan- ciación pública de programas destinados a satisfacer las necesidades de las víctimas de la trata y a indemnizarlas en función de la gravedad del delito del que hayan sido víctimas.

7. Repatriación, rehabilitación y reinserción 7.1 Prestar asistencia a las víctimas de la trata en su repatriación (preferiblemente) voluntaria a su país de origen, prestando particular atención a su seguridad y la de sus familias, y evitando toda demora indebida o excesiva. 7.2 Velar por que todos los trámites de retorno o traslado de las víctimas se efectúan con arreglo a derecho, procurando darles un trato humanitario y compasivo. 7.3 Estudiar la posibilidad de contribuir a la rehabilitación y reinserción social de las víctimas de la trata, mediante prestaciones sociales y económicas. 7.4 Alertar a los medios informativos acerca de la necesidad de salvaguardar el derecho a la inti- midad de las víctimas, evitando hacer pública su identidad o publicar datos confidenciales que supongan un riesgo para la seguridad de las víctimas o entorpezcan el curso de la justicia penal.

8. Concesión de un plazo para recapacitar sobre lo sucedido y de permisos de residencia tempo- rales o definitivos 8.1 Prever un plazo de recapacitación para que la víctima disponga de tiempo para decidir si pre- sentará o no testimonio. 8.2 Estudiar, respecto de cada caso, si procede o no conceder un permiso de residencia temporal o definitivo, teniendo en cuenta factores tales como el riesgo potencial para la seguridad de la víctima. 8.3 Estudiar, cuando proceda, la posibilidad de conceder permisos de trabajo a las víctimas de la trata durante su estancia en el país de acogida.

9. Salvaguardar el derecho de asilo 9.1 Velar por que las leyes, políticas, programas e intervenciones contra la trata de personas no menoscaben el derecho de toda persona, incluidas las víctimas de la trata, a pedir y recibir asilo si son perseguidas, de conformidad con las prácticas del derecho internacional de los refugiados, y en especial mediante una aplicación efectiva del principio de que el refugiado no debe ser reexpedido.

10. Protección de menores 10.1 Velar por que se tengan plenamente en cuenta las necesidades especiales de la infancia y actuar en interés del menor al tomar decisiones respecto del alojamiento, la enseñanza o el cuidado que le sea debido. Siempre que proceda, si no existe ningún riesgo directo para la seguridad del menor, 6 se le dará acceso al sistema educativo público.

345 6.2.3 Protección de las víctimas y prestación de asistencia

10.2 Sólo se decidirá la repatriación de un menor que haya sido víctima de la trata tras conside- rar todas las circunstancias del caso, y si existen familiares o instituciones especiales en el país de origen que garanticen la seguridad, la protección, la reinserción y la rehabilitación del menor. 10.3 Tener presentes las precauciones enunciadas en las directrices del Alto Comisionado de las Naciones Unidas para los Refugiados para la protección de los menores sin acompañante al ela- borar políticas destinadas a este grupo vulnerable de la población, y especialmente a aquellos que no posean documentos de identidad. 10.4 Utilización de acuerdos bilaterales y/o multilaterales sobre principios fundamentales de acogida debida de niños sin acompañante, a fin de aunar las iniciativas encaminadas a la protección del niño. 10.5 Adhesión, ratificación, y plena aplicación del Protocolo facultativo de la Convención sobre los Derechos del Niño relativo a la venta de niños, la prostitución infantil y la utilización de niños en la pornografía.

14. Capacitación (…) 14.2 Encomendar a la OIDDH que recabe y difunda información relativa a las medidas de toda índole, documentación y programas de capacitación que se estén utilizando ya en los Estados par- ticipantes.

Sofía 2004 (Decisión nº 13/04 relativa a las medidas especiales de amparo y asistencia para los niños víctimas de la trata)

El Consejo Ministerial, (…)

1. Decide intensificar los esfuerzos de la OSCE destinados a evitar que los niños sean objeto de la trata, amparando a los niños víctimas de la trata (…)

346 6.2.3 Protección de las víctimas y prestación de asistencia

El Consejo Ministerial, (…)

4. Insta también a los Estados participantes a que, con el apoyo, si lo solicitan, de los órganos e insti- tuciones de la OSCE mejoren sus sistemas de investigación y de recopilación y análisis de datos, con el debido respeto de la confidencialidad de los datos y que, cuando sea posible, desglosen las estadís- ticas por género, edad y otros factores pertinentes, con el fin de evaluar mejor el carácter y la mag- nitud del problema y de desarrollar políticas efectivas y bien orientadas sobre la trata de personas.

5. Con ese fin, se recomienda a los Estados participantes que estudien la posibilidad de nombrar relatores nacionales o de crear otros mecanismos de supervisión independientes similares; (…)

Madrid 2007 (Decisión nº 8/07 relativa a la lucha contra la trata de personas para la explotación laboral)

El Consejo Ministerial, (…)

Pide a los Estados participantes que:

1. Aseguren que las víctimas de la trata para la explotación laboral tengan acceso a la justicia;

2. Den períodos de reflexión de conformidad con el ordenamiento jurídico interno y las obliga- ciones internacionales, concedan permisos de residencia temporal o permanente a las víctimas de la trata, faciliten permisos de trabajo a las víctimas durante su estancia y den a conocer debida- mente esas oportunidades;

3. Velen por que se preste asistencia a las víctimas de la trata para la explotación laboral, en particu- lar acceso a refugios, asistencia médica, asistencia jurídica y asistencia social, teniendo en cuenta las recomendaciones de la Parte V del Plan de Acción de la OSCE contra la trata de personas, incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son víctimas de la trata, e informen debidamente acerca de la disponibilidad de esos servicios; 6 incluida su Adición sobre medidas especiales de amparo y asistencia para los niños que son vícti- mas de la trata, e informen debidamente acerca de la disponibilidad de esos servicios;

347 6.2.3 Protección de las víctimas y prestación de asistencia

7. Estudien también la posibilidad de elaborar o reforzar leyes que brinden a las víctimas de la trata la posibilidad de obtener compensación por los daños sufridos, incluido, cuando proceda, el pago de los salarios que se les adeuden;

9. Velen por que las organizaciones de la sociedad civil que proporcionan asistencia jurídica a las víctimas de la trata no sean penalizadas o criminalizadas por prestar esa asistencia;

10. Brinden, de conformidad con los principios básicos de su sistema jurídico, la posibilidad, cuando proceda, de no penalizar a las víctimas por su participación en actividades ilícitas, siempre que se hayan visto obligadas a ello; (…)

21. Incrementen la cooperación a nivel internacional, intercambiando información y mejores prác- ticas sobre la lucha contra la trata para la explotación laboral, y estudien el modo de fortalecer la colaboración para el cumplimiento coercitivo de la ley, (…) protección de las víctimas y ayuda a la reintegración en situaciones de repatriación; (…)

348 6.2.3 Protección de las víctimas y prestación de asistencia

Helsinki 2008 (Decisión nº 5/08 relativa a la mejora de las respuestas de la justicia penal a la trata de personas a través de un enfoque integral)

El Consejo Ministerial, (…)

Reiterando su preocupación acerca de que, a pesar de la vigencia de las medidas adoptadas en el ámbito internacional, regional y nacional, continúa siendo limitada la cifra de víctimas de la trata identificadas y que hayan recibido asistencia, (…), (…)

6. Alienta a los Estados participantes a que velen por que las víctimas de la trata obtengan acceso, sin demora indebida, a un alojamiento seguro, a asistencia médica y psicológica, y a asesoramiento sobre los derechos que las asisten y los servicios existentes a su disposición;

10. Alienta a los Estados participantes a que adopten medidas, de conformidad con las condiciones 6 establecidas en sus respectivos marcos jurídicos, encaminadas a que las víctimas de la trata dispon- gan de la posibilidad de obtener una compensación justa y apropiada por los daños sufridos, y pue- dan reclamar daños y perjuicios durante los procedimientos penales y/o civiles, según proceda;

349 6.2.3 Protección de las víctimas y prestación de asistencia

Vilnius 2011 (Declaración ministerial sobre la lucha contra todas las formas de trata de seres humanos) (…)

12. Somos conscientes del importante papel que desempeñan las organizaciones de la sociedad civil, en cuanto a proporcionar ayuda y habilitar a las víctimas de la trata.

13. Reconocemos la necesidad de fortalecer los sistemas de protección de la infancia, con el fin de ser eficaces a la hora de prevenir, identificar y dar respuesta a la trata de niños en todas sus for- mas, así como de facilitar la asistencia adecuada y la protección del interés superior de los niños que han sido víctimas de la trata o que corran peligro de serlo, especialmente mediante la presta- ción de los servicios adecuados y la adopción de medidas para su bienestar físico y psicológico, así como para su educación, rehabilitación y reintegración.(…)

Basilea 2014 (Decisión nº 7/14 relativa a prevenir y combatir la violencia contra la mujer la mujer) (…)

5. Alienta a los Estados participantes a que:

Promuevan programas y actividades para habilitar y respaldar a las mujeres que han sido vícti- mas de la violencia e.

6. Encarga a las estructuras ejecutivas de la OSCE que, en el marco de sus mandatos:

Ayuden a los Estados participantes que lo soliciten a reforzar sus capacidades de protección de las víctimas de todas las formas de violencia contra la mujer;

Faciliten el intercambio entre los Estados participantes en cuanto a información, experiencia y prác- ticas recomendables en materia de protección;

350 6.2.3 Protección de las víctimas y prestación de asistencia

Faciliten asistencia técnica a los Estados participantes que la soliciten para organizar servicios de apoyo, como por ejemplo, teléfonos de emergencia, centros de crisis, etc.;

Viena 2017 (Decisión nº 6/17 relativa al fortalecimiento de las iniciativas para prevenir la trata de personas) (…)

2. Alienta a los Estados participantes a adoptar un enfoque centrado en las víctimas y con cono- cimiento de causa sobre sus traumas, que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, que busque el interés superior del niño y que res- pete plenamente los derechos humanos y las libertades fundamentales de los niños que hayan sido sometidos a la trata o a la explotación sexual; (…)

351 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

Ver también: II. 6.2: Prevención de la trata de seres humanos II. 6.4: Prevención del terrorismo

París 1990 (Una nueva era de Democracia, Paz y Unidad)

(…) nos uniremos para combatir el tráfico ilícito de estupefacientes.

Helsinki 1992 (Declaración de la Cumbre)

27. El tráfico ilícito de drogas representa un peligro para la estabilidad de nuestras sociedades e instituciones democráticas. Colaboraremos para reforzar todas las formas de cooperación bilate- ral y multilateral en la lucha contra el tráfico ilícito de drogas y demás formas del crimen inter- nacional organizado.

Bucarest 2001 (Declaración ministerial)

4. (…) La delincuencia organizada, el tráfico ilícito de drogas y armas, y la trata de seres huma- nos, afectan a la seguridad, la economía y la estructura social de todos los Estados participantes. El Consejo Ministerial apoya la intensificación de esfuerzos y un aumento de la cooperación inter- nacional para luchar contra esos riesgos, e insta a los Estados participantes que todavía no lo han hecho a que se adhieran a la Convención de las Naciones Unidas contra la delincuencia organi- zada transnacional y a sus Protocolos.

Oporto 2002 (Declaración sobre la trata de personas)

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

31. La OSCE intensificará su labor contra la delincuencia organizada. La organización de reuniones periódicas de expertos policiales de los países participantes en la OSCE, así como de representantes de otras organizaciones internacionales y regionales con alguna especialidad en este campo, cons- tituiría una valiosa aportación a este respecto (…) El Documento APAL de la OSCE sigue siendo un instrumento clave para la lucha contra el tráfico y la proliferación de APAL en todos sus aspec- tos. Se fortalecerá, por ello, su aplicación. La OSCE proseguirá su colaboración con la ONUDD en la lucha contra el tráfico ilícito de estupefacientes, y en la búsqueda de un enfoque global interna- cional que ayude a resolver esta grave cuestión.

32. La Unidad de Estrategia Policial fue creada para ayudar a los Estados participantes en orden al desarrollo de su capacidad de respuesta frente a las amenazas suscitadas por la delincuencia,

352 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

así como en defensa del Estado de derecho. Su finalidad es la de reforzar la pericia operativa de la policía en ciertas esferas clave, prestando particular atención al respeto de los derechos humanos y de las libertades fundamentales. A instancia de los Estados participantes, la OSCE intensificará su asistencia a las autoridades, incluidas las de ámbito local, en la lucha contra la delincuencia y las redes delictivas, para lo que definirá y desarrollará ciertas competencias básicas, tales como ser- vicios de especialización y formación policial.

33. La OSCE intensificará sus esfuerzos por resolver ciertas cuestiones como la introducción clan- destina de migrantes y la migración ilegal en general.

34. Hará falta un enfoque global y pluridisciplinario para prevenir y combatir con éxito la corrup- ción en todas sus formas. La OSCE intervendrá, en estrecha coordinación con la ONUDD y otras organizaciones internacionales e instituciones financieras pertinentes, en el común esfuerzo por reducir la corrupción en toda la región de la OSCE.

35. Las amenazas suscitadas por el terrorismo y la delincuencia organizada suelen estar entrelaza- das, por lo que se seguirá explorando la posibilidad de darles una respuesta sinérgica. El paso fron- terizo de personas, recursos y armas, así como el tráfico ilícito, juegan un papel cada vez mayor en la financiación y el apoyo logístico de las actividades terroristas. La OSCE se ha comprometido a ocuparse de esos problemas y a fortalecer su propia capacidad para promover el mantenimiento de fronteras a la vez abiertas y seguras mediante, entre otras medidas, la definición de un concepto de la OSCE para la administración y seguridad de fronteras destinado a facilitar el desarrollo de servicios especiales y de una cooperación interestatal mutuamente provechosa.

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

2. Los Estados participantes en la OSCE reafirman las obligaciones y compromisos que han asu- mido a todos los niveles en lo concerniente a cuestiones fronterizas: (…)

A nivel de la OSCE: los Estados participantes reafirman las normas, principios, compromisos y demás valores consagrados en el Acta Final de Helsinki, que serán todos ellos aplicables por igual y sin reservas, y que será cada uno de ellos interpretado a la luz de los demás. Reafirman los prin- cipios y compromisos enunciados en el Documento de Copenhague de 1990, en el Documento de Helsinki de 1992 y en la Carta sobre la Seguridad Europea de 1999. Esos Estados desean también recordar todos los planes de acción, decisiones y demás documentos concertados en el marco de la OSCE sobre asuntos fronterizos. En particular, estiman que el fortalecimiento de las capacida- des de la OSCE al servicio del fomento de unas fronteras abiertas pero seguras y de una coopera- ción mutuamente provechosa entre los Estados constituye un medio deseable para responder a las amenazas creadas por (…) la delincuencia organizada, (…) el tráfico ilícito de armas y de drogas, conforme se indicó en el párrafo 35 de la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI; (…)

353 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

Prevenir y reprimir la delincuencia organizada transnacional, la migración ilegal, la corrupción, la trata de personas, y el contrabando y el tráfico ilícito de armas y de drogas;

Liubliana 2005 (Decisión nº3/05 relativa a la lucha contra la delincuencia organizada transnacional)

El Consejo Ministerial, (…) • Poniendo de relieve los vínculos existentes entre la delincuencia organizada transnacional y otras amenazas, como por ejemplo, las drogas ilícitas, el terrorismo, el tráfico ilícito de armas peque- ñas y armas ligeras, así como de materiales y tecnología sensibles, la trata de personas, el con- trabando de migrantes, el delito cibernético, la corrupción y la migración ilegal, en el contexto de la delincuencia organizada y del blanqueo de dinero, • Reconociendo que la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y sus Protocolos, aprobados por la Asamblea General de las Naciones Unidas el 15 de noviembre de 2000 en Nueva York, constituyen un avance importante en la cooperación internacional contra la delincuencia organizada transnacional, y brindan la oportunidad de dar una respuesta a escala mundial, • Consciente de la labor que realiza la OSCE en las esferas relacionadas con la lucha contra la delincuencia organizada, • Convencido de que el concepto de seguridad integral de la OSCE es un buen instrumento para mejorar la capacidad de todos los Estados participantes para hacer frente a la amenaza que supone la delincuencia organizada, y de que la OSCE puede ser un marco idóneo para promover la lucha contra la delincuencia organizada, y consciente de la importante labor realizada por organiza- ciones e instituciones internacionales pertinentes, en particular por la Oficina de las Naciones Unidas contra la Droga y el Delito (ONUDD), • Insta a los Estados participantes a que intensifiquen su cooperación mutua, así como con la ONUDD, con el Consejo de Europa y con otras organizaciones internacionales que sean del caso; • Invita a los Estados participantes en la OSCE que aún no sean partes en la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y sus Protocolos, aproba- dos por la Asamblea General de las Naciones Unidas el 15 de noviembre de 2000 en Nueva York, a que estudien la posibilidad de entrar a ser parte en ellos y de cumplir plenamente las obliga- ciones contraídas con arreglo a esos instrumentos; • Encarga al Secretario General que preste a los Estados participantes que lo soliciten el apoyo necesario para la movilización de asistencia técnica, facilitada por las organizaciones interna- cionales competentes particularmente en forma de servicios periciales y recursos necesarios, con miras a la puesta en práctica de la Convención de las Naciones Unidas contra la Delincuen- cia Organizada Transnacional y de sus Protocolos, obrando en estrecha consulta y colaboración con la Conferencia de las Partes y con la ONUDD; • Recuerda que prevenir y combatir la delincuencia organizada requiere la adopción de un enfo- que coherente por parte de los Estados participantes, que dé plenamente curso a sus leyes y pro- gramas nacionales, en particular en la esfera de la justicia penal, obrando de conformidad con el Estado de derecho y con los compromisos contraídos por los Estados participantes en la OSCE; • Encarga al Consejo Permanente que aliente la cooperación entre los Estados participantes, y que prepare, con el respaldo del Secretario General y de las instituciones pertinentes de la OSCE, medidas y formas de asistencia que puedan facilitarse a los Estados participantes que lo soliciten, con miras a mejorar y promover el buen funcionamiento de sus sistemas de justicia penal, abor- dando tanto sus aspectos legislativo, policial y fiscal como lo concerniente a la administración

354 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

de justicia, la cooperación judicial internacional, especialmente en materia de extradición, y el régimen penitenciario, y obrando en consulta con la ONUDD, con el Consejo de Europa y con otras organizaciones internacionales que sean del caso; (…)

Bruselas 2006 (Decisión nº 5/06 relativa al crimen organizado)

El Consejo Ministerial, (…)

Preocupado porque la delincuencia organizada explota cada vez mejor nuestra economía mun- dializada y nuestras sociedades abiertas, y porque supone un desafío multidimensional creciente para todos los Estados participantes en toda el área de la OSCE,

Preocupado porque la delincuencia organizada dispone de inmensos recursos y puede llegar a detentar un enorme poder, con el que puede llegar a socavar los valores democráticos en nues- tras sociedades y constituir una amenaza, tanto directa como indirecta, para la seguridad perso- nal de los ciudadanos o la de sus bienes,

Preocupado Asimismo ante las amenazas y riesgos que suponen los vínculos existentes entre la delincuencia organizada y la trata de personas, el tráfico de armas y de drogas ilícitas, la corrup- ción y el terrorismo, así como con otras actividades delictivas de ámbito nacional o transnacional,

Convencido de que la lucha contra la delincuencia organizada debe seguir siendo un elemento esen- cial de nuestra política al servicio de la seguridad de las personas y sus bienes, tanto en el ámbito nacional como a través de la cooperación internacional,

Subrayando que la mejor manera de luchar contra la delincuencia organizada es a través de insti- tuciones democráticas que respeten los derechos humanos y el Estado de derecho, y que den razón y cuenta de su actuación ante la ciudadanía y ante la sociedad civil,

Poniendo de relieve la función clave que desempeña todo sistema de justicia penal eficiente y efec- tivo a la hora de mantener la seguridad pública de las personas y sus bienes,

Consciente de que un sistema de justicia penal eficiente y eficaz, basado en el Estado de derecho, constituye un requisito previo para luchar contra la delincuencia organizada, la trata de personas, el tráfico de armas y drogas ilícitas, el terrorismo, la corrupción, y toda otra modalidad de activi- dad delictiva tanto nacional como transnacional, y que toda respuesta directa a tales desafíos a la seguridad deberá darse dentro del marco general de un sistema de justicia penal, 6 Reconociendo la importancia siempre actual de las pautas y normas de las Naciones Unidas en materia de prevención del delito y justicia penal, así como de la función de la Oficina de las Nacio- nes Unidas contra la Droga y el Delito (ONUDD) en orden a su adopción y aplicación, y acogiendo

355 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

con satisfacción la creciente cooperación entre la Secretaría de la OSCE, la ONUDD y la Comisión de las Naciones Unidas de Prevención del Delito y Justicia Penal,

Tomando nota de las actividades de otros órganos de las Naciones Unidas y de otros foros inter- nacionales en el ámbito del Estado de derecho,

Reconociendo la importancia del cumplimiento de las obligaciones contraídas en el marco de la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional (Conven- ción de Palermo) y, cuando proceda, de los protocolos que la complementan, así como de la Con- vención de las Naciones Unidas contra la Corrupción, en cuanto instrumentos para luchar contra la delincuencia organizada y la corrupción y para promover la cooperación internacional en asun- tos penales, (…)

1. Insta a los Estados participantes a que sigan respondiendo a la grave amenaza que supone la delincuencia organizada, y a que intensifiquen el cumplimiento de sus respectivas obligaciones internacionales y de los compromisos contraídos en el seno de la OSCE en cada uno de los ámbi- tos de sus sistemas de justicia penal;

2. Recomienda que se estudie la posibilidad de adoptar, si procede, planes nacionales dedicados a cuestiones de seguridad, y a que empleen un enfoque integrado, teniendo presente el hecho de que cada elemento del sistema de la justicia penal influye en todos los demás;

3. Invita a los Estados participantes a que estudien la posibilidad de hacer una autoevaluación de su sistema de justicia penal, valiéndose para ello, cuando proceda, de los instrumentos facilitados por las organizaciones internacionales, tales como los instrumentos de evaluación de la ONUDD/ OSCE, y si es necesario aprovechen al máximo otras herramientas facilitadas, el Consejo de Europa, así como por otras organizaciones, instituciones académicas o colegios de abogados;

4. Insta a los Estados participantes a que presten la debida atención a la integridad y a la profe- sionalidad de sus servicios de vigilancia y seguridad y del personal del ministerio fiscal, así como a la administración eficiente de la justicia, al buen gobierno del sistema judicial, a la independen- cia de la judicatura y a un funcionamiento adecuado de su sistema penitenciario, y a que estudien la introducción de penas sustitutorias de la pena de prisión;

5. Recomienda, como parte de la planificación de políticas de prevención y de lucha contra la delincuencia organizada, que se mejoren las técnicas de recogida y análisis de datos, que se ela- boren y se utilicen a nivel nacional métodos de evaluación de riesgos y amenazas, y que se pro- mueva el intercambio de información pericial y de prácticas recomendables en la medida en que ello aún no se lleve a cabo;

6. Recomienda que se intensifiquen las medidas nacionales orientadas a la cooperación, la coordi- nación y el intercambio de información en el ámbito internacional, como importante medida de lucha contra la delincuencia organizada transnacional;

7. Insta a los Estados participantes a que refuercen la cooperación internacional en asuntos pena- les, estudiando, por ejemplo, la posibilidad de adherirse a la Convención de las Naciones Unidas

356 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

contra la Delincuencia Organizada Transnacional (Convención de Palermo) y, si procede, a los pro- tocolos que la complementan, así como a la Convención de las Naciones Unidas contra la Corrup- ción, y mediante el cumplimiento de las obligaciones que hubieren contraído en virtud de dichos documentos, y de todo otro instrumento de cooperación judicial tanto multilateral como bilate- ral en los que sean parte, prestando particular atención a los artículos concernientes a la asisten- cia judicial mutua y la extradición;

8. Insta a los Estados participantes a que estudien la posibilidad de adherirse al Convenio sobre el traslado de personas que estén cumpliendo una sentencia penal (Estrasburgo, 21 de noviembre de 1983), así como a su Protocolo Adicional de 1997, si procede, y de concertar acuerdos bilaterales que complementen dicho Convenio, para facilitar el traslado de los condenados a penas de prisión;

9. Expresa su apoyo a toda medida de cooperación policial internacional y toma nota de los resul- tados de la reunión de jefes de policía, organizada por la OSCE en Bruselas el 24 de noviembre de 2006, así como de la sugerencia que se hizo de que se reúnan periódicamente, siempre que tales reuniones se coordinen y cooperen con otras reuniones de jefes de policía;

10. Recomienda que se tomen medidas de información y divulgación destinadas a la población, instituyendo un régimen de cooperación entre las autoridades de los servicios de vigilancia y segu- ridad y las organizaciones de la sociedad civil, con miras a que los ciudadanos adquieran mayor conciencia de sus derechos cívicos y civiles, aumente su confianza en el sistema de la justicia penal en su calidad de garante de tales derechos, y no vacilen en acudir, cuando proceda, a la autori- dad competente;

11.(a) Encomienda al Secretario General y a los órganos ejecutivos pertinentes de la OSCE que, en el marco de su respectivo mandatos, presten más atención en sus políticas y en sus actividades a la función clave que incumbe a la justicia penal en la consolidación de las instituciones y en el fomento del Estado de derecho, y que cooperen y coordinen sus actividades más estrechamente, a fin de tener más en cuenta la interacción entre los órganos que integran ese sistema; (b) Encarga al Secretario General que apoye y promueva la cooperación judicial internacional en asuntos penales entre los Estados participantes, teniendo también en cuenta el marco que brinda a dicho respecto la Convención de las Naciones Unidas contra la Delincuencia Organizada Trans- nacional y apoyando la labor de su Conferencia de las Partes en dicho instrumento, y que siga cooperando con la ONUDD en cuestiones concernientes a la lucha contra la delincuencia orga- nizada y la droga; (c) Encarga al Secretario General que apoye y promueva la cooperación jurídica internacional en materia penal entre los Estados participantes, teniendo también en cuenta el marco que propor- ciona la Convención de las Naciones Unidas contra la Delincuencia Organizada Transnacional y apoyando su Conferencia de las Partes, y que siga cooperando con la ONUDD en asuntos que incluyan la lucha contra la delincuencia organizada y las drogas ilícitas; (d) Encarga al Secretario General y a los órganos ejecutivos pertinentes de la OSCE, incluida la OIDDH, que coordinen, siempre que proceda, su labor con otras organizaciones e instituciones internacionales, cooperando con ellas y manteniéndose preparados para reaccionar a propuestas de proyecto y a peticiones de cooperación formuladas por los Estados participantes, encomen- dándoles además que estudien la posibilidad de facilitar la asistencia a programas de formación, obrando siempre en el marco de su respectivo mandato y en la medida en que se disponga de con- tribuciones para tal fin; 6 (e) Subraya la importancia de intensificar la coherencia y la continuidad de las medidas de todos los órganos interesados de la OSCE, así como de reforzar la cooperación con los organismos espe- cializados competentes.

357 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

(f) En este sentido, encomienda al Secretario General que mejore la coordinación de tales acti- vidades, obrando siempre en el marco de su respectivo mandato y de los recursos disponibles. (g) Subraya la importancia de intensificar la coherencia y la continuidad de las medidas de todos los órganos interesados de la OSCE, así como de reforzar la cooperación con los organismos espe- cializados competentes. En este sentido, encomienda al Secretario General que mejore la coordina- ción de tales actividades, obrando siempre en el marco de su respectivo mandato y de los recursos disponibles. También invita a los Estados participantes a prestar apoyo a dichas actividades.

Astana 2010

9.Al mismo tiempo, en el mundo complejo e interconectado de hoy en día, debemos lograr una mayor unidad en torno a los fines y a las acciones para hacer frente a las amenazas transnaciona- les emergentes, como (…) el tráfico ilícito (…) y la trata de personas. (…). Esas amenazas pueden tener su origen en nuestra región o fuera de ella.

Kiev 2013 (Declaración Ministerial sobre el fortalecimiento de las iniciativas de la OSCE para afrontar las amenazas transnacionales) (…)

(…), reconociendo la naturaleza cambiante de las amenazas transnacionales en la región de la OSCE y fuera de la misma, y la necesidad de brindar respuestas colectivas y eficaces en el plano interna- cional que estén coordinadas y basadas en un enfoque interdimensional, (…),

Acogemos Asimismo con satisfacción los esfuerzos de los Estados participantes de la OSCE, bajo la dirección de la Presidencia en Ejercicio ucraniana y contando con el apoyo de las estructuras ejecutivas de la Organización, encaminados a lograr avances en la aplicación del Concepto de la OSCE para la lucha contra la amenaza de las drogas ilícitas y la desviación de precursores quími- cos, el Marco Estratégico de la OSCE para actividades relacionadas con la policía, el Marco Con- solidado de la OSCE para la lucha contra el terrorismo y el Concepto de la OSCE sobre gestión y seguridad de fronteras;

Observamos que los documentos antedichos constituyen una base sólida para la labor que la OSCE desempeña en la esfera de la lucha contra las amenazas transnacionales, y subrayamos la impor- tancia de que dichos documentos se pongan en práctica de manera plena y continuada, y se inte- gren en las actividades de la OSCE;

358 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

Invitamos a los Estados participantes de la OSCE, con el apoyo de las estructuras ejecutivas corres- pondientes de la OSCE cuando así lo requieran, a que amplíen la cooperación con las Naciones Unidas y con otras organizaciones internacionales y regionales pertinentes, basándose en la Plata- forma de la OSCE para la Seguridad Cooperativa de 1999 y contando con los Socios mediterráneos y asiáticos de la OSCE para la Cooperación, a fin de seguir reforzando la capacidad de la OSCE para luchar contra las amenazas transnacionales, especialmente con la participación de la sociedad civil.

Milán 2018, (Decisión nº 6/18 relativa al fortalecimiento de los esfuerzos para prevenir y combatir la trata de niños, incluidos los menores no acompañados) (…)

Reconociendo que la adopción de un enfoque centrado en las víctimas y con conocimiento de causa sobre sus traumas, que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, que busque el interés superior del niño, es primordial para prevenir y proteger con eficacia a los niños de la trata de personas.

Reconociendo que la colaboración entre los Estados, los encargados de actuar en primera línea y la sociedad civil, puede contribuir a salvaguardar a los niños, especialmente a los menores no acom- pañados, de ser sometidos a la trata de personas,

Alienta a los Estados participantes a que creen conciencia pública sobre las vulnerabilidades de los niños en los flujos migratorios ante todas las formas de trata de niños, especialmente con fines de explotación sexual, así como ante otras formas de explotación sexual de los niños, para aumentar las capacidades y ampliar el alcance de los encargados de actuar en primera línea con la finalidad de identificar a niños víctimas de la trata y de otras formas de explotación sexual y proporcionar- les protección, así como asistencia apropiada, y derivarlos para que reciban asistencia jurídica, así como reparaciones efectivas y otros servicios, según proceda, (…)

Pide a los Estados participantes que:

1. Adopten las medidas pertinentes para que todos los niños víctimas de la trata reciban un trato acorde con el principio de no discriminación, que responda a sus necesidades individuales y tenga en cuenta el interés superior del niño, brindándoles la oportunidad de ser escuchados, si procede, y apoyando y protegiendo sus derechos humanos;

2. Adopten un enfoque centrado en las víctimas, así como una aproximación informada sobre los traumas, que tenga en cuenta las preocupaciones específicas de género, de niñas y niños, que bus- que el interés superior del menor, y que respete plenamente los derechos humanos y las libertades fundamentales de los niños víctimas de la trata;

3. Proporcionen, si procede, a los servicios y organismos gubernamentales que entren en contacto con los niños, la orientación y la formación idóneas sobre el modo de identificar, informar, ayudar y proteger debidamente a los niños víctimas de la trata, de una forma adecuada a su edad y que tenga en cuenta las respectivas inquietudes de género específicas tanto de las niñas como de los niños, y consideren la posibilidad de impartir la formación pertinente a entidades del sector pri- vado que entren en contacto con niños víctimas de la trata; 6 4. Tomen medidas para proporcionar a los niños víctimas de la trata, cuando sea necesario y con carácter prioritario, un tutor cualificado y capacitado, o su equivalente, y/o un representante legal,

359 6.3 Prevención del tráfico ilícito de drogas y armas y otras formas de delincuencia organizada internacional

con el fin de garantizar los intereses de los niños víctimas de la trata, incluidos los menores no acompañados, y de que sus tutores y/o sus representantes hagan los trámites necesarios para pres- tarles ayuda y buscar soluciones duraderas y sostenibles para ellos;

5. Aborden la situación de los niños víctimas de la trata, incluidos los menores no acompañados, mediante la creación de un marco para la protección del niño;

6. Promuevan mecanismos nacionales de lucha contra la trata, incluidos mecanismos de remisión nacionales, donde los haya, así como sistemas de protección de los niños, cuando proceda, que reconozcan las necesidades y los derechos de los niños víctimas de la trata; que incorporen una asistencia centrada en las víctimas y con conocimiento de sus traumas, adecuada a su edad; que apliquen un enfoque multidisciplinar que respete los derechos humanos y que tenga en cuenta las respectivas preocupaciones específicas relativas al género tanto de las niñas como de los niños y refleje, si procede, la información y las recomendaciones de supervivientes de la trata, a la hora de facilitar asistencia inmediata y buscar soluciones duraderas y sostenibles; así como que creen vías de remisión adecuadas para los niños;

7. Se ocupen de que, en la medida de lo posible, toda evaluación de las necesidades de un niño víc- tima de la trata tenga en cuenta sus intereses y sus opiniones, así como la necesidad de proporcio- narle cuidados, protección y seguridad;

8. Una vez se haya identificado a un niño como víctima de la trata, o cuando haya motivos razona- bles para creer que ha sido objeto de trata, tomen las medidas adecuadas para mantenerlo a salvo, en particular evitando que sufra abusos sexuales o de otro tipo, previniendo que pueda conver- tirse en víctima reincidente, de conformidad con las leyes nacionales, y contemplen la posibili- dad de no sancionar a las víctimas por su participación en actividades ilícitas, siempre que hayan sido obligadas a ello, ofreciendo programas de rehabilitación, reintegración y/o repatriación ade- cuados, cuando proceda;

Tirana 2020 (Declaración sobre el fortalecimiento de la cooperación en la lucha contra la delincuencia organizada transnacional) (…)

3. Reiteramos nuestra profunda inquietud acerca de los efectos negativos que tiene la delincuen- cia organizada transnacional para la seguridad y la estabilidad, que incluyen el aprovechamiento de las economías globalizadas y las sociedades abiertas, la socavación de los valores democráticos y la gobernanza, y la amenaza, tanto directa como indirecta, para la seguridad y la protección de los ciudadanos, así como para los derechos humanos y las libertades fundamentales.

4. Reafirmamos el papel primordial de los Estados participantes en la lucha contra la delincuen- cia organizada transnacional y subrayamos que la mejor manera de combatirla es garantizando el respeto de los derechos humanos, las libertades fundamentales y defendiendo el Estado de dere- cho, y destacamos la función clave que desempeña un sistema de justicia penal que sea eficaz, fia- ble, profesional, independiente y responsable para mantener la seguridad y la protección pública.

5. Reconocemos el papel central de las Naciones Unidas en la lucha contra la delincuencia organi- zada transnacional, así como la importancia de la labor realizada por las organizaciones interna- cionales pertinentes. Reiteramos que el concepto integral de la seguridad de la OSCE complementa las iniciativas mundiales para luchar contra la compleja amenaza que constituye la delincuencia organizada transnacional.

360 6.4 Prevención del terrorismo

6. Subrayamos que la lucha contra la delincuencia organizada transnacional y sus causas origi- nales requiere que haya instituciones eficaces y democráticas que rindan cuentas a la ciudadanía, sistemas de justicia penal basados en el Estado de derecho, y la puesta en práctica de un enfoque holístico, integral y coherente a fin de prevenir y reducir las oportunidades de que las bandas delic- tivas organizadas actúen o se infiltren en la estructura de nuestras sociedades, las economías líci- tas y las instituciones, o se beneficien del producto de sus delitos.

7. Recordamos las herramientas y los mecanismos internacionales pertinentes que hay disponibles para ayudar a los Estados participantes a que hagan una autoevaluación y, si es necesario, perfec- cionen sus sistemas de justicia penal.

8. Reconocemos que la delincuencia organizada transnacional puede repercutir de maneras dife- rentes en diversos grupos dentro de la sociedad. Alentamos la cooperación entre todas las partes interesadas, entre ellas la sociedad civil, a fin de coadyuvar a desarrollar comunidades resilientes y elaborar respuestas integrales y medidas preventivas contra la delincuencia organizada trans- nacional, que tengan en cuenta las necesidades, las inquietudes y los intereses de todos los grupos de la sociedad, amparen a las víctimas de delitos y les brinden acceso a los recursos que procedan, promoviendo al mismo tiempo la participación plena, equitativa y significativa de la mujer en las iniciativas para combatir la delincuencia organizada transnacional.

9. Subrayamos la importancia de reforzar la coordinación nacional y la cooperación internacional en la lucha contra la delincuencia organizada transnacional, incluido, cuando proceda, a través de la participación y los contactos directos entre las autoridades pertinentes, el intercambio de infor- mación y mejores prácticas, y la utilización de las herramientas que facilitan la OSCE, la ONUDD y otras organizaciones internacionales pertinentes.

10. Renovamos nuestro compromiso de mantener la lucha contra la delincuencia organizada transnacional entre las prioridades de la OSCE mediante la mejora del cumplimiento de las obli- gaciones internacionales correspondientes y los compromisos existentes de la OSCE. Reiteramos la tarea encomendada a las estructuras ejecutivas pertinentes de la OSCE de que informen perió- dicamente a los Estados participantes acerca de las actividades de la Organización relacionadas con el cumplimiento de los compromisos vigentes de la OSCE para luchar contra la delincuencia organizada transnacional, y alentamos la continuación de los debates entre los Estados partici- pantes acerca de este tema.

11. Invitamos a los Socios de la OSCE para la Cooperación a que se unan a nosotros respaldando la presente declaración.

6.4 Prevención del terrorismo

6.4.1 Condena y compromiso de lucha contra el terrorismo

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios) (…) 6 Los Estados participantes condenan el terrorismo, incluido el terrorismo en las relaciones inter- nacionales, por cuanto pone en peligro o quita la vida a seres inocentes o de cualquier otra forma

361 6.4.1 Condena y compromiso de lucha contra el terrorismo

compromete los derechos humanos y las libertades fundamentales, y hacen hincapié en la necesi- dad de adoptar medidas enérgicas para combatirlo.

Expresan su determinación de adoptar medidas eficaces para prevenir y suprimir los actos de terrorismo, tanto a nivel nacional como mediante la cooperación internacional, incluidos los ade- cuados acuerdos bilaterales y multilaterales, y consiguientemente, de ampliar e intensificar la coo- peración mutua para combatir dichos actos. Acuerdan obrar de esta manera de conformidad con la Carta de las Naciones Unidas, la Declaración de las Naciones Unidas sobre los Principios de Derecho internacional referentes a las relaciones de amistad y a la cooperación entre los Estados y el Acta Final de Helsinki. (…)

Los Estados participantes confirman que se abstendrán de toda ayuda directa o indirecta a acti- vidades terroristas, o actividades subversivas o de otro tipo encaminadas al derrocamiento vio- lento del régimen de otro Estado participante. Por consiguiente, se abstendrán, entre otras cosas, de financiar, estimular, fomentar o tolerar cualquiera de estas actividades.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(8) Los Estados participantes condenan sin reservas como criminales todos los actos, métodos y prácticas terroristas dondequiera y por quienquiera sean cometidos, incluidos los que ponen en peligro las relaciones de amistad entre Estados y la seguridad de éstos, y convienen en que el terro- rismo no puede justificarse en ninguna circunstancia.

(9) Expresan su determinación de trabajar en favor de la erradicación del terrorismo, tanto bilate- ralmente como mediante la cooperación multilateral, en particular en foros internacionales tales como las Naciones Unidas, la Organización de Aviación Civil Internacional y la Organización Marítima Internacional, y de conformidad con las disposiciones pertinentes del Acta Final y del Documento de Clausura de Madrid.

(10) Convencidos de la necesidad de simultanear medidas a nivel nacional con una cooperación internacional reforzada, los Estados participantes manifiestan su intención de (10.1) – mantener una política de firmeza ante las demandas terroristas; (10.2) – reforzar y desarrollar la cooperación bilateral y multilateral entre ellos mismos con miras a prevenir y combatir el terrorismo, así como a aumentar la eficacia de la cooperación ya existente a nivel bilateral o en el marco de grupos de Estados, incluso, según proceda, por medio del inter- cambio de información; (…) (10.4) – tomar medidas efectivas para prevenir e impedir actos terroristas dirigidos contra repre- sentantes diplomáticos o consulares, así como para combatir el terrorismo que implique violacio- nes de las Convenciones de Viena sobre relaciones diplomáticas y consulares y, en particular, de sus disposiciones relativas a los privilegios e inmunidades diplomáticas y consulares; (…) (10.6) – considerar adherirse, si aún no lo han hecho, a las convenciones internacionales pertinen- tes relativas a la represión de los actos de terrorismo; (10.7) – continuar en los órganos internacionales competentes la labor encaminada a mejorar y ampliar las medidas contra el terrorismo, y velar por que los acuerdos pertinentes sean acepta- dos y aplicados por el mayor número de Estados posible.

362 6.4.1 Condena y compromiso de lucha contra el terrorismo

Helsinki 1992 (Declaración de la Cumbre)

26. (…) Fomentaremos el intercambio de información sobre actividades terroristas. Buscaremos los nuevos ámbitos efectivos de cooperación que hagan falta. Asimismo, adoptaremos las necesa- rias medidas a escala nacional. a fin de desempeñar las obligaciones internacionales en esta esfera.

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

6. Los Estados participantes no apoyarán de ningún modo las actividades terroristas y adoptarán medidas adecuadas para evitar y combatir el terrorismo en todas sus formas. Cooperarán plena- mente para combatir la amenaza de actividades terroristas mediante la aplicación de instrumen- tos y compromisos internacionales que convengan a este respecto. (…)

Estambul 1999 (Carta sobre la Seguridad Europea: I. Nuestros desafíos comunes)

4. El terrorismo internacional, los extremismos violentos, la delincuencia organizada y el tráfico de drogas suscitan problemas cada vez más graves para la seguridad. El terrorismo, en todas sus for- mas y manifestaciones y sean cuales fueren sus motivos, es inaceptable. La acumulación excesiva y desestabilizadora y la difusión incontrolada de armas cortas y de armas ligeras constituyen una amenaza para la paz y la seguridad. Estamos decididos a incrementar nuestra protección contra esos nuevos riesgos y desafíos; las instituciones democráticas fuertes y el Estado de derecho son la base de esa protección. Estamos también decididos a cooperar más activamente y más estrecha- mente para hacer frente a esos problemas.

Bucarest 2001 (Declaración ministerial)

2. Condenamos resueltamente todos los actos de terrorismo. El terrorismo no tiene justificación alguna, sea cual fuere su motivación o su origen. No hay causa que pueda justificar los ataques deli- berados contra personas inocentes. En la lucha contra el terrorismo, no hay sitio para la neutralidad.

3. (…) Reiteramos que la lucha contra el terrorismo no es una guerra contra religiones o contra pueblos. (…)

Bucarest 2001 (Decisión nº 1 relativa a la lucha contra el terrorismo)

Los 55 Estados participantes de la OSCE están unidos en la lucha contra el terrorismo, que es un flagelo de nuestros tiempos.

Los Estados participantes de la OSCE condenan resueltamente los bárbaros actos de terrorismo cometidos contra los Estados Unidos de América el 11 de septiembre de 2001. Esos actos repre- sentan un ataque contra toda la comunidad internacional, contra personas de toda clase de creen- cias religiosas y de toda clase de culturas. Esos actos odiosos, así como los demás actos terroristas independientemente de su forma y manifestación, perpetrados cuando sea, donde sea o por quien sea, constituyen una amenaza para la paz, la seguridad y la estabilidad regionales e internaciona- 6 les. No puede haber refugio seguro para los que cometen, financian, encubren o apoyan de cual- quier manera a los responsables de esos actos criminales. (…)

363 6.4.1 Condena y compromiso de lucha contra el terrorismo

Los Estados participantes de la OSCE no cederán a las amenazas terroristas y lucharán contra ellas por todos los medios en consonancia con sus compromisos internacionales. Esto requerirá un esfuerzo largo y sostenido, pero los Estados participantes reciben el aliento de su amplia coa- lición que va desde Vancouver hasta Vladivostok. (…) Rechazan firmemente la identificación del terrorismo con cualquier nacionalidad o religión (...)

Los Estados participantes de la OSCE se comprometen a reforzar y desarrollar la cooperación bila- teral y multilateral en el seno de la OSCE, con las Naciones Unidas y con otras organizaciones internacionales y regionales, a fin de luchar contra todas las formas y manifestaciones del terro- rismo, donde quieran que se cometan y quienquiera las haya cometido. Como arreglo regional en virtud del Capítulo VIII de las Carta de las Naciones Unidas, la OSCE está decidida a contribuir al cumplimiento de las obligaciones internacionales que se enuncian en la resolución 1373 (2001) del Consejo de Seguridad de las Naciones Unidas, así como en otros textos, y obrará de conformi- dad con los Propósitos y Principios de la Carta de las Naciones Unidas. Los Estados participan- tes de la OSCE se comprometen a suscribir lo antes posible todas las 12 convenciones y protocolos de las Naciones Unidas relacionados con el terrorismo. Piden que se ultimen las negociaciones sobre una Convención de ámbito amplio de las Naciones Unidas sobre el terrorismo internacional. (…)

(...) el Consejo Ministerial de la OSCE adopta el Plan de Acción de Bucarest para la Lucha contra el Terrorismo, anejo a la presente Decisión.

Bucarest 2001 (Anexo a la Decisión nº 1 relativa a la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

I. Objetivo del Plan de Acción

1. (…) Los Estados participantes de la OSCE comprometen su voluntad política, sus recursos y sus medios prácticos para el cumplimiento de las obligaciones contraídas en virtud de los instrumen- tos internacionales sobre terrorismo vigentes (…)

3. El objetivo del Plan de Acción es establecer un marco para la adopción, por los Estados partici- pantes y por la Organización en general, de amplias medidas para combatir el terrorismo, respe- tando plenamente el derecho internacional, especialmente la legislación internacional en materia de derechos humanos y otras normas pertinentes del derecho internacional. (…)

II. Obligaciones jurídicas y compromisos políticos internacionales

4. (…) Es preciso proseguir y asegurar la más amplia y completa participación en los instrumen- tos y compromisos vigentes de lucha contra el terrorismo, así como la aplicación de dichos instru- mentos y el cumplimiento de dichos compromisos.

5. Estados participantes: Se comprometen a esforzarse por adherirse a todos los 12 instrumentos de las Naciones Unidas relacionados con el terrorismo, de ser posible el 31 de diciembre de 2002 a más tardar, reconociendo la importante función que los parlamentarios pueden desempeñar en el proceso de ratificación y otros procesos legislativos relacionados con la lucha contra el terro- rismo. (…) Los Estados participantes tomarán parte activa en las negociaciones en curso en las Naciones Unidas acerca de una Convención de ámbito amplio sobre el terrorismo internacional, y de una Convención internacional para la supresión de actos de terrorismo nuclear, con miras a que dichas negociaciones concluyan con éxito y lo antes posible.

364 6.4.1 Condena y compromiso de lucha contra el terrorismo

(…)

7. Estados participantes: Estudiarán el modo en que la OSCE puede aprovechar las mejores prác- ticas y la experiencia de otros grupos, organizaciones, instituciones y foros pertinentes, en cues- tiones como la cooperación policial y judicial; la prevención y supresión de la financiación del terrorismo; la denegación de otros medios de apoyo; los controles fronterizos, especialmente la seguridad de documentos y visados; y el acceso a la información por las autoridades encargadas de hacer cumplir la ley.

8. Los Estados participantes utilizarán también el Foro de Cooperación en materia de Seguridad (FCS) para intensificar sus esfuerzos de lucha contra el terrorismo, mediante la plena y oportuna aplicación de todas las medidas pertinentes acordadas por la OSCE. Con ese fin, mejorarán la apli- cación y el cumplimiento de los acuerdos y compromisos político-militares vigentes, en particular el Código de conducta sobre los aspectos político-militares de la seguridad, y el Documento de la OSCE sobre Armas Pequeñas y Armas Ligeras (APAL). (…)

III. Acción preventiva para combatir el terrorismo en el área de la OSCE (…)

11. Promoción de los derechos humanos, la tolerancia y el multiculturalismo: Estados participan- tes/Consejo Permanente/OIDDH/Alto Comisionado para las Minorías Nacionales (HCNM)/Repre- sentante para la Libertad de los Medios de Comunicación: Promoverán y fomentarán la tolerancia, la coexistencia pacífica y las relaciones armoniosas entre los grupos étnicos, religiosos, lingüísticos o de otro tipo, así como la cooperación constructiva entre los Estados participantes a ese respecto. Proporcionarán alerta temprana sobre los actos de violencia, intolerancia, extremismo y discrimi- nación contra esos grupos y darán respuesta adecuada a dichos actos y, al mismo tiempo, promo- verán su respeto por el Estado de derecho, los valores democráticos y las libertades individuales. Se esforzarán por que las personas que pertenecen a minorías nacionales tengan derecho a expre- sarse libremente, y a preservar y desarrollar su identidad religiosa, lingüística, étnica o cultural. (…)

13. Abordar los factores socio-económicos negativos: Estados participantes/Secretaría: Se esforza- rán por identificar cuestiones económicas y medioambientales que pongan en peligro la seguridad, como por ejemplo, la mala gestión pública, la corrupción, la actividad económica ilegal, la elevada tasa de desempleo, el aumento de la pobreza y las grandes desigualdades, los factores demográfi- cos, y el uso no sostenible de los recursos naturales; (…)

14. Arreglo de las controversias por medios pacíficos: Prevención de los conflictos violentos y pro- moción del arreglo pacífico de las controversias – La OSCE, aprovechando todas sus capacidades, proseguirá e intensificará su labor de alerta temprana y respuesta adecuada, prevención de conflic- tos, gestión de crisis y rehabilitación posconflicto; fortalecerá su capacidad para solucionar con- flictos; intensificará sus esfuerzos para hallar soluciones duraderas de los conflictos pendientes, especialmente mediante la promoción del Estado de derecho y la prevención del delito en dichas zonas de conflicto mediante una mayor cooperación con las Naciones Unidas, la Unión Europea y otras organizaciones internacionales. Asimismo, intentará desarrollar su capacidad de desplie- gue rápido (REACT) en situaciones de crisis. 6 15. Solución de la cuestión de los desplazamientos prolongados – Estados participantes/OIDDH/ ACMN/Representante para la Libertad de los Medios de Comunicación: Explorarán el mayor poten- cial de la OSCE para contribuir a soluciones duraderas, respaldando la labor de otras organizaciones

365 6.4.1 Condena y compromiso de lucha contra el terrorismo

pertinentes, principalmente la Oficina del Alto Comisionado de las Naciones Unidas para los Refu- giados, y cooperando estrechamente con esas organizaciones. Asimismo, vigilarán muy de cerca las situaciones de desplazamiento prolongado.

16. Fortalecimiento de la legislación nacional para la lucha contra el terrorismo – Estados parti- cipantes: Estados participantes: Se comprometerán a cumplir todas las obligaciones que han asu- mido en virtud de los instrumentos pertinentes relacionados con el terrorismo, así como de la Convención de las Naciones Unidas contra la delincuencia organizada transnacional y sus proto- colos adicionales, compartiendo información y formas de actuación a ese respecto y estudiando formas y medios de cooperar para aplicar en el plano bilateral los resultados de las reuniones subre- gionales, y de la OSCE en general. (…)

24. Supresión de la financiación del terrorismo – Estados participantes: Estados participantes: Den- tro del marco de la Convención de las Naciones Unidas para la supresión de la financiación del terrorismo y de la resolución CSNU 1373 (2001), adoptará medidas para evitar y suprimir la finan- ciación del terrorismo, para tipificar como delito el suministro premeditado o la recaudación de fondos para fines terroristas, y congelará los bienes terroristas teniendo también en cuenta la reso- lución 1267 (1999) del CSNU. De conformidad con su legislación nacional y sus obligaciones con arreglo al derecho internacional, dará respuesta temprana a las solicitudes de información hechas por otro Estado participante u otras organizaciones internacionales pertinentes.

25. Estados participantes/Secretaría: (…) Examinará de qué forma puede contribuir la OSCE, en el marco de su labor sobre transparencia y de su lucha contra la corrupción, a un esfuerzo interna- cional más amplio encaminado a luchar contra el terrorismo. Examinarán también la posibilidad de asumir un papel catalizador en el desarrollo de proyectos encaminados a capacitar a personal de las instituciones financieras del país en las esferas de la lucha contra el terrorismo, entre otras formas mediante la vigilancia de corrientes financieras y la prevención del blanqueo de dinero. Los Estados participantes intervendrán constructivamente en las próximas negociaciones de las Naciones Unidas sobre un instrumento de ámbito mundial contra la corrupción, a fin de que pue- dan concluir pronto y con éxito.

26. Prevención de la circulación de terroristas: Estados participantes: Evitarán la circulación de grupos o individuos terroristas mediante controles fronterizos eficaces y la fiscalización de la emi- sión de documentos de identidad y documentos de viaje, así como también mediante la adopción de medidas para evitar su falsificación, su copia y su uso fraudulento. Aplicarán esas medidas de control respetando plenamente sus obligaciones con arreglo a la legislación sobre refugiados inter- nacionales y derechos humanos. Mediante la debida aplicación de las cláusulas de exclusión de la Convención de 1951 sobre el Estatuto de los Refugiados y su Protocolo de 1967, velarán por que no se conceda asilo a personas que hayan participado en actos terroristas. Prescribirán la detención oportuna y el enjuiciamiento o la extradición de las personas acusadas de haber cometido actos terroristas, de conformidad con sus obligaciones en virtud del derecho internacional y nacional.

IV. Acción en el marco de la Plataforma para la Seguridad Cooperativa – Cooperación con otras organizaciones (…)

28. Estados participantes/Secretaría: Fortalecerán la cooperación y los intercambios de informa- ción, oficiales y oficiosos, con otros grupos, organizaciones, e instituciones pertinentes que par- ticipan en la lucha contra el terrorismo. Intensificarán la cooperación con la Unión Europea en materia de análisis y alerta temprana, y reforzarán las sinergias con el Pacto de Estabilidad para la

366 6.4.1 Condena y compromiso de lucha contra el terrorismo

Europa Sudoriental y la Iniciativa Centroeuropea en las esferas relacionadas en la lucha contra el terrorismo. Promoverán el diálogo en el área de la OSCE acerca de cuestiones referentes a nuevos desafíos y amenazas. Ampliarán el diálogo con asociados de fuera del área de la OSCE, como por ejemplo, los Socios mediterráneos para la cooperación y los Socios para la cooperación de Asia, la Organización de Cooperación de Shanghai, la Conferencia sobre interacción y medidas de fomento de la confianza en Asia, la Organización de la Conferencia Islámica, la Liga Árabe, la Organiza- ción de la Unidad Africana, y los Estados adyacentes al área de la OSCE, para el intercambio de mejores prácticas y lecciones extraídas de las actividades de lucha contra el terrorismo, a fin de aplicarlas en el área de la OSCE. (…)

Bucarest 2001 (Decisión nº 9 relativa a las actividades relacionadas con la policía)

El Consejo Ministerial, (…)

Afirmando que una labor policial eficaz es esencial para mantener el Estado de derecho y para defender las instituciones democráticas; (…)

3. Decide incrementar y promover la cooperación entre Estados participantes para enfrentarse con nuevos desafíos en materia de seguridad, entre otras formas según se indica a continuación: • A petición de los Estados participantes y con su acuerdo, (…) mediante el desarrollo por la OSCE de actividades de capacitación policial y su coordinación, inclusive a nivel subregional, con miras a: • mejorar las capacidades policiales operativas y tácticas; • promover las aptitudes policiales clave, incluido el respeto de los derechos humanos y las liber- tades fundamentales, y, según proceda, ocuparse de los aspectos penales de la migración ilegal; e • incrementar las capacidades de vigilancia de las comunidades en materia de lucha contra la droga, lucha contra la corrupción y lucha contra el terrorismo; y • prestar asesoramiento u organizar la prestación de asesoramiento pericial sobre los requisitos para el desarrollo de actividades policiales eficaces (requiere evaluación) y sobre la forma de atenderlos, (…) y • estimular cuando proceda el intercambio de informaciones entre Estados participantes acerca de las lecciones aprendidas y las mejores prácticas policiales para enfrentarse con esos nuevos desafíos en materia de seguridad. (…)

5. En consonancia con las iniciativas mencionadas, los Estados participantes se comprometen a: • intensificar la cooperación recíproca sobre cuestiones relacionadas con la policía, a fin de ocu- parse de los nuevos riesgos y desafíos para su seguridad, tanto en el plano bilateral como en el plano multilateral, y, cuando proceda, mediante el incremento de los contactos entre órganos pertinentes; y • compartir los conocimientos especializados de la OSCE y las lecciones aprendidas en el desa- rrollo de actividades relacionadas con la policía, con otras organizaciones internacionales de las que sean miembros, a fin de poder desarrollar una acción internacional más eficaz para enfren- tarse con esos nuevos riesgos y desafíos en materia de seguridad. 6

367 6.4.1 Condena y compromiso de lucha contra el terrorismo

Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

Los Estados participantes en la OSCE, firmemente comprometidos en su común lucha contra el terrorismo, (…)

2. (…) por lo que reiteran que ninguna medida de lucha contra el terrorismo va dirigida contra religión, nación o pueblo alguno; (…)

4. Declaran que todo acto, método o práctica terrorista, así como toda medida de asistencia, con- sentimiento, financiación, planificación e incitación a tales actos, que se ejecute a sabiendas, ha de tenerse por contrario a los fines y principios de las Naciones Unidas y de la OSCE;

5. Consideran de la máxima importancia que se complemente la puesta en práctica en curso de los compromisos de la OSCE en materia de terrorismo con la reafirmación de los principios funda- mentales y perennes que han inspirado y seguirán inspirando en el futuro las medidas adoptadas por la OSCE, y que son plenamente suscritos por sus Estados participantes; (…)

8. Reafirman que todo Estado deberá abstenerse de (…) organizar, instigar, prestar asistencia o apoyo activo o pasivo, o patrocinar de cualquier otro modo actos terroristas en otros Estados, (…)

11. Reconocen que los convenios contra el terrorismo de las Naciones Unidas, y sus protocolos, así como las resoluciones al respecto del Consejo de Seguridad de las Naciones Unidas, particu- larmente su resolución 1373 (2001), constituyen el marco jurídico primordial para la lucha inter- nacional contra el terrorismo;

12. Reconocen la importancia de la labor desarrollada por el Comité contra el Terrorismo del Consejo de Seguridad de las Naciones Unidas y reafirman el deber de los Estados participantes en la OSCE, y de la propia Organización, de cooperar con este Comité, así como su disponibilidad a hacerlo;

13. Son conscientes del papel que le incumbe a la OSCE en su calidad de arreglo regional conforme al Capítulo VIII de la Carta de las Naciones Unidas, y de su obligación de contribuir en el presente contexto a la lucha global contra el terrorismo; (…)

15. Toman nota con agrado de la Declaración y del Programa de Acción aprobados en la Confe- rencia Internacional de Bishkek sobre el Fortalecimiento de la Seguridad y la Estabilidad en Asia Central: Refuerzo Global de la Lucha contra el Terrorismo, celebrada en dicha ciudad, los días 13 y 14 de diciembre de 2001; (…)

17. Insisten en que la prevención y lucha contra el terrorismo han de fundamentarse sobre un con- cepto común y global de la seguridad y sobre un empeño duradero a su servicio, y se comprome- ten a valerse de las tres Dimensiones de la labor de la OSCE y de todos sus órganos e instituciones para ayudar a los Estados participantes, previa petición al respecto, a prevenir y combatir el terro- rismo en todas sus formas;

18. Se comprometen a cumplir, con arreglo a todos los convenios y protocolos de las Naciones Unidas en la materia y con todas las resoluciones del Consejo de Seguridad y otros compromisos

368 6.4.1 Condena y compromiso de lucha contra el terrorismo

internacionales al respecto, con su obligación de tipificar como delito grave, en su derecho interno, todo acto terrorista y toda actividad que esté a su servicio, particularmente la financiación del terrorismo;

19. Trabajarán de consuno en la labor de prevención, represión, investigación y enjuiciamiento de todo acto terrorista, intensificando, en particular, su cooperación al respecto y poniendo plenamente en práctica todo convenio internacional, y sus protocolos, que guarde relación con el terrorismo;

20. Están convencidos de la necesidad de ocuparse de toda situación que pueda suscitar o sostener el terrorismo, velando en particular por el pleno respeto de la democracia y del Estado de derecho y amparando la plena participación de los ciudadanos en la vida política, así como previniendo toda discriminación y alentando el diálogo intercultural e interreligioso en sus sociedades, esforzándose además por alentar a la sociedad civil a buscar de común acuerdo soluciones políticas para sus con- flictos, fomentando la tolerancia y el respeto de los derechos humanos, y combatiendo la pobreza;

23. Tratarán de impedir todo desplazamiento de elementos terroristas, por separado o en grupo, mediante el control de sus fronteras y de la emisión de documentos de identidad y de viaje; (…)

25. Reiteran su compromiso de cumplir con sus obligaciones internacionales enunciadas en las resoluciones 1373 (2001) y 1390 (2002) del Consejo de Seguridad de las Naciones Unidas, y en par- ticular la de congelar los haberes de toda persona designada por el Comité establecido a raíz de la resolución 1267 (1999) del Consejo de Seguridad;

26. Toman nota con inquietud de la vinculación existente entre el terrorismo y la delincuencia organizada transnacional, el blanqueo de dinero, la trata de personas, y el tráfico de drogas y de armas, por lo que insisten en la necesidad de reforzar la coordinación y de desarrollar enfoques cooperativos a todos los niveles para fortalecer su respuesta frente a esas graves amenazas y desa- fíos contra la seguridad y estabilidad; (…)

Oporto 2002 (Decisión nº1 relativa al cumplimiento de los compromisos y actividades de la OSCE en la lucha contra el terrorismo)

El Consejo Ministerial, (…)

Decide que todos los Estados participantes, así como los órganos e instituciones de la OSCE, sigan cumpliendo con carácter urgente los compromisos contraídos en Bucarest y velen por dar efecti- vidad a sus propios compromisos al respecto; 6 Reafirma el compromiso asumido por todos los Estados participantes de adherirse, lo antes posible, a los doce convenios y protocolos de las Naciones Unidas contra el terrorismo, y acoge con satis- facción las medidas emprendidas por los Estados participantes que ya se adhirieron a los mismos;

369 6.4.1 Condena y compromiso de lucha contra el terrorismo

Nuestros países se comprometen a esforzarse por llevar a buen término las negociaciones actual- mente en curso en las Naciones Unidas para concertar nuevos instrumentos universales en este campo, y confirman estar dispuestos a estudiar, en coordinación con el Comité contra el Terro- rismo del Consejo de Seguridad de las Naciones Unidas, las solicitudes de asistencia técnica y para el desarrollo de medios adecuados con miras a facilitar la ratificación y puesta en práctica de todo instrumento contra el terrorismo, de las Naciones Unidas o de todo otro origen, que sea del caso; (…)

Recuerda la recomendación del Representante Personal del Presidente en ejercicio para la preven- ción y lucha contra el terrorismo de que la OSCE concentre sus esfuerzos en actividades de índole policial, de seguridad fronteriza, de lucha contra la trata y el tráfico ilícito, y de represión de la financiación del terrorismo. (…)

Decide que los Estados participantes, así como los órganos y las instituciones de la OSCE, intensi- fiquen sus esfuerzos y su compromiso colectivo frente al terrorismo y frente a toda situación que lo propicie y lo alimente, mediante el debido aprovechamiento de los puntos fuertes y de las venta- jas comparativas de la OSCE, es decir de su enfoque global de la seguridad, de su pericia en mate- ria de alerta temprana, prevención de conflictos, gestión de crisis y rehabilitación posconflicto, de su amplia gama de medidas de fomento de la confianza y la seguridad y de su probada pericia en tareas de formación de personal profesional.

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

Amenazas contra la seguridad y la estabilidad en el siglo XXI

10. El terrorismo constituye uno de los factores desestabilizadores más graves del entorno actual de la seguridad. Vulnera en su propia base los valores que unen a los Estados participantes de toda el área de la OSCE. El terrorismo seguirá siendo un desafío crucial contra la paz y la estabilidad y con- tra el poder público estatal, particularmente, por razón de su habilidad para valerse de métodos asimétricos para soslayar los sistemas tradicionales de defensa y de seguridad. El terrorismo carece de toda justificación, pero debe dársele una respuesta global que combata sus manifestaciones, al tiempo que se busca un remedio para todo contexto político, social o económico en donde ocurra. (…)

Respondiendo al terrorismo y a las amenazas suscitadas por otras actividades delictivas Terrorismo

28. Unidas, constituyen el marco jurídico mundial para la lucha contra el terrorismo. En apoyo de dicho marco, la OSCE ha ido creando a través de sus decisiones, durante los años 2001 y 2002, una estructura que habilita a los Estados participantes y a la Organización para dar una respuesta glo- bal, altamente prioritaria, a toda amenaza o acto terrorista, así como a toda situación que pueda propiciar o alimentar el terrorismo. (…)

29. (…) Se prestará particular atención al desarrollo de servicios especiales y otras medidas de asistencia en la esfera de la lucha antiterrorista (…) Entre dichas medidas cabe citar la de privar de todo abrigo seguro a las organizaciones terroristas y la de remediar toda situación que favo- rezca el reclutamiento de elementos terroristas y les permita conseguir apoyos. Dichas medidas están Asimismo destinadas a privarles de oportunidades para incrementar su capacidad de acción, impidiendo su acceso a armas pequeñas y armas ligeras (APAL) y otras armas convencionales, así como a las armas de destrucción masiva y tecnologías conexas. Se trata de obtener, por medio de

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reuniones conjuntas, contactos de todo nivel, y programas y proyectos especiales, una interacción estrecha con otras organizaciones internacionales activas en este campo, particularmente con el Comité contra el Terrorismo del Consejo de Seguridad de las Naciones Unidas y la Oficina de las Naciones Unidas contra la Droga y el Delito (ONUDD).

30. La OSCE ha decidido también establecer una Red contra el Terrorismo (RCT) que mejore la coordinación de las medidas antiterroristas y el intercambio de información entre los Estados participantes en la OSCE, y que respalde y suplemente la labor del Comité contra el Terrorismo de las Naciones Unidas en la puesta en práctica de la resolución 1373 del Consejo de Seguridad. (…)

Sofía 2004 (Declaración ministerial de Sofía sobre prevención y lucha contra el terrorismo)

1. Nosotros, miembros del Consejo Ministerial de la OSCE, (…) declaramos nuestra decidida e incondicional condena de todo acto terrorista, y en particular, de los atentados perpetrados en el año 2004 en España, Uzbekistán, Turquía y Rusia, (…) Lamentamos la pérdida de centenares de vidas humanas y expresamos nuestra profunda solidaridad con toda víctima de tales actos de terro- rismo, así como con sus familias. Esos actos pusieron claramente de manifiesto la índole inhumana del terrorismo. Expresamos Asimismo nuestra solidaridad con otros Estados que no participan en nuestra Organización pero que también fueron víctimas de agresiones terroristas.

Reiterando que el terrorismo constituye una de las amenazas más graves para la paz y la seguridad de nuestra sociedad y considerando que tales actos de terrorismo dañan gravemente el disfrute de los derechos humanos, reafirmamos nuestro compromiso de amparar contra todo acto terrorista el disfrute de los derechos humanos y de las libertades fundamentales, particularmente el derecho a la vida de toda persona acogida a nuestra jurisdicción. (…)

2. Insistimos una vez más en la función rectora de las Naciones Unidas en esta lucha global con- tra el terrorismo.

Reafirmamos las obligaciones y los compromisos que nuestros Estados han asumido en el marco de las Naciones Unidas (…) (…)

4. (…) Reiteramos que los esfuerzos de la OSCE por combatir las amenazas terroristas deben ser adoptados en cada una de las tres Dimensiones de la OSCE, en su dimensión concerniente a la seguridad, y concretamente en la esfera político-militar, en su dimensión económica y medioam- biental, y en su dimensión humana. Basándose en el enfoque común, global e indivisible de la 6 seguridad, nuestra Organización podría realizar nuevas contribuciones sustanciales a los esfuer- zos mundiales de lucha contra el terrorismo.

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Reiteramos que los esfuerzos de la OSCE por combatir las amenazas terroristas deben ser adop- tados en cada una de las tres Dimensiones de la OSCE, en su dimensión concerniente a la seguri- dad, y concretamente en la esfera político-militar, en su dimensión económica y medioambiental, y en su dimensión humana. Somos Asimismo conscientes de que para ser eficaz toda actuación que se emprenda en aras de la prevención y lucha contra el terrorismo

(…) Proseguiremos Asimismo desarrollando nuestra interacción y diálogo sobre toda cuestión.

Proseguiremos Asimismo desarrollando nuestra interacción y diálogo sobre toda cuestión con- cerniente a la prevención y lucha contra el terrorismo con nuestros Socios para la cooperación de Asia y del Mediterráneo.

Liubliana 2005 (Declaración Ministerial relativa al Convenio Internacional para la Represión de los Actos de Terrorismo Nuclear)

2. Nos comprometemos a dedicar todos nuestros esfuerzos para lograr que se firme dicho Conve- nio internacional el día 14 de septiembre de 2005, fecha en que quedará abierto para su firma en la Sede de las Naciones Unidas, en Nueva York.

3. Alentamos a los Estados participantes a que adopten todas las medidas requeridas para ratifi- car, aceptar o aprobar de toda otra manera dicho Convenio internacional, entrando así a ser parte en el mismo a la mayor brevedad posible. (…)

Liubliana 2005 (Concepto sobre gestión y seguridad de fronteras Marco de cooperación para los Estados participantes en la OSCE)

2. Los Estados participantes en la OSCE reafirman las obligaciones y compromisos que han asu- mido a todos los niveles en lo concerniente a cuestiones fronterizas: (…)

2.2 A nivel de la OSCE: los Estados participantes reafirman las normas, principios, compromisos y demás valores consagrados en el Acta Final de Helsinki, que serán todos ellos aplicables por igual y sin reservas, y que será cada uno de ellos interpretado a la luz de los demás. Reafirman los prin- cipios y compromisos enunciados en el Documento de Copenhague de 1990, en el Documento de Helsinki de 1992 y en la Carta sobre la Seguridad Europea de 1999. Esos Estados desean también recordar todos los planes de acción, decisiones y demás documentos concertados en el marco de la OSCE sobre asuntos fronterizos. En particular, estiman que el fortalecimiento de las capacida- des de la OSCE al servicio del fomento de unas fronteras abiertas pero seguras y de una coopera- ción mutuamente provechosa entre los Estados constituye un medio deseable para responder a las amenazas creadas por el terrorismo, (…) conforme se indicó en el párrafo 35 de la Estrategia de la OSCE frente a las amenazas contra la seguridad y la estabilidad en el siglo XXI; (…)

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4.2 Reducir la amenaza del terrorismo, tratando en particular de impedir la circulación transfron- teriza de personas, armas y fondos relacionados con el terrorismo y otras actividades delictivas; (…)

Bruselas 2006 (Declaración ministerial de Bruselas para apoyar y promover el marco jurídico internacional contra el terrorismo)

Nosotros, miembros del Consejo Ministerial de la OSCE, reafirmamos nuestra firme determina- ción de luchar contra el terrorismo en todas sus formas y manifestaciones, como delito que no tiene justificación, sea cual fuere su motivación u origen, y de proseguir y reforzar las actividades de la OSCE encaminadas a combatir el terrorismo, de conformidad con los compromisos vigen- tes en el marco de la Organización. (…)

Somos conscientes de la importancia de reforzar el marco jurídico internacional contra el terro- rismo, del que forman parte los convenios y los protocolos universales relativos a la prevención y la represión del terrorismo, las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas, la Estrategia mundial de las Naciones Unidas contra el terrorismo, recientemente adop- tada, y los instrumentos jurídicos tanto regionales como bilaterales contra el terrorismo.

Hacemos un llamamiento a los Estados participantes en la OSCE para que apliquen las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas relativas a la lucha contra el terrorismo.

Acogemos con satisfacción los notables progresos alcanzados por los Estados participantes en el cumplimiento del compromiso contraído en el Consejo Ministerial de Bucarest de pasar a ser par- tes en los 12 convenios y protocolos de lucha contra el terrorismo, dado que ya son 46 los Estados participantes que son partes en los 12 instrumentos que están actualmente en vigor.

Hacemos también un llamamiento a los Estados participantes que aún no lo hayan hecho, para que se esfuercen al máximo por entrar a ser partes lo antes posible en los convenios y protoco- los universales vigentes de lucha contra el terrorismo, así como para que apliquen dichos conve- nios y protocolos, en particular mediante la tipificación como delito de las infracciones conexas en su derecho interno. 6 Reiteramos nuestro llamamiento a los Estados participantes en la OSCE para que consideren la posibilidad de entrar a ser partes en el Convenio internacional para la represión de los actos de terrorismo nuclear, en la Convención de las Naciones Unidas contra la Delincuencia Organizada

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Transnacional, y en la Convención de las Naciones Unidas contra la corrupción, así como para que respalden los esfuerzos ininterrumpidos por concertar una convención integral contra el terro- rismo internacional, en términos que favorezcan los objetivos de la comunidad internacional en su lucha contra el terrorismo.

Hacemos, Asimismo un llamamiento a los Estados participantes para que estudien la posibili- dad de entrar a ser partes en los instrumentos jurídicos regionales y subregionales contra el terro- rismo o de cooperación judicial en asuntos penales, aprobados en el seno de organizaciones a las que pertenecemos, así como para que concierten – siempre que ello sea preciso para colmar lagu- nas en los instrumentos jurídicos vigentes – acuerdos bilaterales de asistencia judicial recíproca y de extradición, a fin de poder cooperar plenamente, de conformidad con toda norma aplicable de derecho interno o de derecho internacional, en los esfuerzos por localizar y llevar ante la justi- cia a los autores, organizadores, partidarios y patrocinadores de actos terroristas, a tenor del prin- cipio ya establecido de extraditar al terrorista o llevarlo ante la justicia.

Madrid 2007 (Declaración Ministerial sobre el apoyo a la Estrategia global de las Naciones Unidas contra el Terrorismo) (…)

3. Reconocemos la función de liderazgo que desempeñan las Naciones Unidas en los esfuerzos inter- nacionales por combatir el terrorismo y respaldamos la Estrategia global de las Naciones Unidas contra el Terrorismo, adoptada el 8 de septiembre de 2006 por la Asamblea General,

a la que consideramos como la guía de nuestras actividades en esa esfera, puesto que en ella se dan las líneas de un amplio enfoque global para combatir el terrorismo, no sólo haciendo frente a sus manifestaciones sino también a las condiciones que favorecen su expansión, en un marco basado en los derechos humanos, en el Estado de derecho y en el cumplimiento de todas las obligaciones contraídas en virtud del derecho internacional, en particular la legislación internacional en mate- ria de derechos humanos, de refugiados y de asuntos humanitarios.

4. Recordamos el amplio enfoque global de la Estrategia para contrarrestar el terrorismo, haciendo frente no sólo a sus manifestaciones sino también a las condiciones que favorecen su expansión, que incluyen, entre otras cosas, los conflictos prolongados no resueltos, la deshumanización de víctimas del terrorismo en todas sus formas y manifestaciones, la carencia de Estado de derecho, las violaciones de los derechos humanos, la discriminación por motivos étnicos, nacionales y reli- giosos, la exclusión política, la marginación socioeconómica y la falta de buena gobernanza, reco- nociendo al mismo tiempo que ninguna de esas condiciones puede ser excusa para cometer actos de terrorismo ni para justificarlos. (…)

6. Recordamos el compromiso de aplicar todas las resoluciones del Consejo de Seguridad de las Naciones Unidas relacionadas con el terrorismo internacional, reconociendo que muchos Estados siguen precisando asistencia para su aplicación. (…)

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8. (…) La OSCE, en particular sus Estados participantes, con la asistencia cuando sea necesario de la Secretaría, las Instituciones y las presencias sobre el terreno, seguirá cumpliendo los com- promisos en materia de lucha contra el terrorismo y podría centrarse, pero no exclusivamente, en las siguientes actividades:

9. La OSCE seguirá promoviendo el marco jurídico internacional contra el terrorismo, en particu- lar las convenciones y protocolos universales en esa esfera, estimulando a los Estados participan- tes a que se adhieran a esos instrumentos y cumplan las obligaciones contraídas en virtud de ellos; (…)

17. La OSCE proseguirá sus actividades para combatir el extremismo violento y la radicalización, que conducen al terrorismo. Los Estados participantes y las estructuras ejecutivas de la OSCE, en el marco de sus respectivos mandatos, abordarán y tratarán de contrarrestar los problemas de into- lerancia y discriminación. El Consejo Permanente, con el apoyo de la Secretaría y las Institucio- nes, estudiará en 2008 cómo la OSCE, aplicando un enfoque multidimensional, podría contribuir al desarrollo de una mejor comprensión de los fenómenos de extremismo violento y radicaliza- ción, que pueden ser causa de terrorismo, mediante el intercambio de experiencias nacionales; (…)

Helsinki 2008 (Decisión nº 10/08 relativa a seguir promoviendo las actividades de la OSCE para combatir el terrorismo)

El Consejo Ministerial, (…)

Reafirmando los compromisos vigentes de la OSCE en materia de lucha contra el terrorismo y la intención de mantener las actividades contra el terrorismo entre las prioridades de la Organización, (…)

Reiterando la necesidad de ocuparse de las condiciones que pueden contribuir a fomentar y sos- tener el terrorismo, en particular respetando plenamente la democracia y el Estado de derecho, permitiendo la plena participación de todos los ciudadanos en la vida política, evitando la discri- minación y alentando el diálogo intercultural e interreligioso en sus sociedades, involucrando a la sociedad civil en la búsqueda de un arreglo político común de los conflictos, fomentando la tole- rancia y los derechos humanos, y combatiendo la pobreza, (…)

1. Exhorta a los Estados participantes y a las estructuras ejecutivas de la OSCE a que sigan esfor- zándose por contribuir activamente a la puesta en práctica de la Estrategia Global de las Naciones Unidas contra el Terrorismo, así como de otros documentos de las Naciones Unidas relacionados con la lucha contra el terrorismo;

2. Exhorta también a los Estados participantes a que sigan fomentando las asociaciones de los sec- tores público y privado con la sociedad civil, los medios informativos, la comunidad Empresarial y la industria, a fin de combatir el terrorismo, especialmente mediante la divulgación de las lec- ciones aprendidas y el intercambio de la información y las mejores prácticas nacionales pertinen- tes, tanto en el marco de la OSCE como a nivel nacional, subregional y regional, cuando proceda; 6 (…)

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4. Exhorta Asimismo a los Estados participantes a que utilicen las estructuras ejecutivas de la OSCE para combatir el extremismo violento y la radicalización que conducen al terrorismo en sus respec- tivos países. Con esta finalidad, se anima a los Estados participantes a que sigan intercambiando ideas y mejores prácticas nacionales acerca de sus estrategias y medidas para contrarrestar el extre- mismo violento y la radicalización que conducen al terrorismo, así como a que mejoren su coo- peración con los medios informativos, la comunidad empresarial, la industria y la sociedad civil; (…)

Atenas 2009 (Decisión nº 3/09 relativa a las nuevas medidas para respaldar y promover el marco jurídico internacional para luchar contra el terrorismo)

El Consejo Ministerial, (…)

(…) acogiendo con satisfacción los notables progresos realizados en relación con la adhesión de Estados participantes a los 12 convenios y protocolos universales de 1963-1999 contra el terro- rismo, así como los progresos en cuanto a la firma y la ratificación de la Convención Internacional para la Supresión de Actos de Terrorismo Nuclear (2005), (…)

Reconociendo que es necesario transponer las cláusulas relativas a las infracciones dimanantes de los convenios y protocolos universales contra el terrorismo en la legislación penal nacional y, si procede, también en la legislación administrativa y civil nacional, para sancionarlas con las medi- das punitivas que procedan, a fin de hacer que dentro del Estado de derecho comparezcan ante la justicia todos aquellos que perpetren, organicen, apoyen o financien atentados terroristas, y facili- tar la cooperación jurídica internacional sobre la base del principio de “extradición o proceso judi- cial”, conforme lo requieren las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas y los instrumentos universales contra el terrorismo,

Reconociendo Asimismo que los Estados participantes de la OSCE pueden requerir asistencia téc- nica en sus medidas relacionadas con lo antedicho,

Reconociendo el importante papel que desempeñan los parlamentarios en la ratificación y apli- cación de las normas legislativas nacionales derivadas de los convenios y protocolos universales contra el terrorismo,

Insta a los Estados participantes de la OSCE que aún no lo hayan hecho a que hagan todo lo posi- ble por adherirse sin demora a los 13 convenios y protocolos universales contra el terrorismo que están en vigor actualmente y que apliquen plenamente sus disposiciones;

Hace un llamamiento a los Estados participantes de la OSCE para que estudien la posibilidad de adherirse a la Enmienda de la Convención sobre la Protección Física de los Materiales Nucleares (2005), al Protocolo del Convenio para la represión de actos ilícitos contra la seguridad de la nave- gación marítima (2005) y al Protocolo relativo al Protocolo para la represión de actos ilícitos con- tra la seguridad de las plataformas fijas emplazadas en la plataforma continental (2005), y en lo sucesivo apliquen plenamente sus disposiciones;

Insta a los Estados participantes de la OSCE a que estudien la posibilidad de adherirse a instru- mentos jurídicos regionales y subregionales de la lucha contra el terrorismo, incluida la Conven- ción del Consejo Europeo para la Prevención del Terrorismo; (…)

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Pide a los Estados participantes de la OSCE que refuercen la cooperación interestatal en la pro- moción de los convenios y protocolos universales contra el terrorismo mediante un intercambio de conocimientos técnicos y encomienda al Secretario General que siga facilitando la cooperación interestatal, entre otros medios coordinando las ofertas y solicitudes de asistencia técnica entre los Estados participantes;

Encomienda al Secretario General y a las estructuras ejecutivas pertinentes de la OSCE que, den- tro de los recursos disponibles, sigan colaborando con la ONUDD para reforzar el régimen jurí- dico contra el terrorismo, promoviendo la aplicación de los instrumentos universales de la lucha contra el terrorismo, y que especialmente sigan reforzando y racionalizando el apoyo brindado al Programa de la ONUDD de Prevención del Terrorismo en relación con: • mayor sensibilización de los Estados participantes y asistencia para crear o consolidar su volun- tad política de adherirse a los convenios y protocolos universales contra el terrorismo; • prestación de asistencia técnica a los Estados participantes que la soliciten para redactar la legis- lación penal antiterrorista; • capacitación de funcionarios judiciales en materia de cooperación jurídica internacional en asun- tos penales relacionados con el terrorismo; (…)

Astana 2010

9. Al mismo tiempo, en el mundo complejo e interconectado de hoy en día, debemos lograr una mayor unidad en torno a los fines y a las acciones para hacer frente a las amenazas transnaciona- les emergentes, como el terrorismo (…). Esas amenazas pueden tener su origen en nuestra región o fuera de ella.

Dublín 2012 (Declaración sobre el fortalecimiento de la buena gobernanza y la lucha contra la corrupción, el blanqueo de capitales y la financiación del terrorismo) (…)

(…) reafirmamos nuestra plena dedicación a luchar contra la corrupción y el blanqueo de capita- les, la financiación del terrorismo y los delitos conexos, convirtiéndolos en prioridades políticas respaldadas por instrumentos legislativos apropiados, recursos financieros, humanos e institucio- nales suficientes y, si procede, por herramientas adecuadas para su ejecución práctica y efectiva. (…)

Reconocemos que las operaciones del terrorismo internacional dependen de la financiación que puedan obtener los terroristas. Asimismo, alentamos a la OCAEM a que apoye a aquellos Estados participantes interesados en cumplir sus compromisos internacionales en materia de recuperación de activos, entre otras cosas, cooperando con otras organizaciones e iniciativas pertinentes, como la Iniciativa del Banco Mundial para la recuperación de activos robados y el Centro Internacio- nal para la Recuperación de Activos, y complementando los esfuerzos de dichas organizaciones.

Kiev 2013 (Declaración Ministerial sobre el fortalecimiento de las iniciativas de la OSCE para 6 afrontar las amenazas transnacionales)

Nosotros, los miembros del Consejo Ministerial de la OSCE, reconociendo la naturaleza cambiante de las amenazas transnacionales en la región de la OSCE y fuera de la misma, y la necesidad de

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brindar respuestas colectivas y eficaces en el plano internacional que estén coordinadas y basadas en un enfoque interdimensional, (…),

Belgrado 2015 (Declaración Ministerial sobre la intensificación de los esfuerzos de la OSCE para luchar contra el terrorismo después de los recientes atentados terroristas)

Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa, estamos horrorizados por los mortales atentados terro- ristas contra civiles perpetrados en el área de la OSCE y en los territorios vecinos en 2015; damos nuestro más sentido pésame a las familias de las víctimas, así como a los pueblos y gobiernos objeto de dichos atentados, y deseamos una pronta recuperación a todos los que resultaron heridos.

Condenamos de forma inequívoca y con la mayor firmeza todos los atentados terroristas, incluidas las matanzas indiscriminadas de civiles y los ataques deliberados contra personas y comunidades, entre otras cosas, por motivos de su religión o creencia, en particular los perpetrados por el Estado Islámico de Irak y el Levante, conocido también como DAESH (ISIL/DAESH), Frente Al-Nusrah (ANF), así como por todas las demás personas, grupos, empresas y entidades asociadas con Al Qaeda, que constituyen una amenaza sin precedentes para la paz y la seguridad internacionales.

Reafirmamos que el terrorismo, en todas sus formas y manifestaciones, constituye una de las más graves amenazas para la paz y la seguridad internacionales, y que todo acto de terrorismo es crimi- nal e injustificable, independientemente de su motivación, y de cuándo y por quién sea cometido, así como que el terrorismo no puede ni debe asociarse con ninguna raza, religión, nacionalidad ni civilización.

Nos comprometemos a intensificar nuestros esfuerzos para hacer frente a la amenaza del terro- rismo, incluida la amenaza que plantean los combatientes terroristas extranjeros y, con ese obje- tivo, a seguir cumpliendo plenamente los compromisos de la OSCE en el ámbito de la prevención y la lucha contra el terrorismo, así como las resoluciones 2170, 2178, 2199 y 2249 del Consejo de Seguridad de las Naciones Unidas.

Recordamos que los Estados participantes deberán prevenir y suprimir la financiación de actos terroristas, y deberán abstenerse de facilitar cualquiera forma de apoyo, activo o pasivo, a entida- des o personas que estén involucradas en actos terroristas, incluso impidiendo el reclutamiento de miembros de grupos terroristas y eliminando el suministro de armas a los terroristas.

Reafirmamos nuestro compromiso de permanecer unidos en la lucha contra el terrorismo y de trabajar juntos para prevenir y suprimir los actos de terrorismo, así como para abordar las condi- ciones que favorecen su difusión, mediante una mayor solidaridad y cooperación internacionales, reconociendo plenamente el papel esencial de las Naciones Unidas, y de conformidad con la Carta de las Naciones Unidas y con las demás obligaciones contraídas en virtud del derecho internacio- nal aplicable, en particular las normas internacionales de derechos humanos, el derecho interna- cional relativo a los refugiados y el derecho internacional humanitario, así como mediante la plena aplicación de las resoluciones del Consejo de Seguridad de las Naciones Unidas y de la Estrategia global de las Naciones Unidas contra el terrorismo.

378 6.4.1 Condena y compromiso de lucha contra el terrorismo

Insistimos en que el respeto de los derechos humanos, las libertades fundamentales y el Estado de derecho se complementan y se refuerzan mutuamente con medidas efectivas de lucha contra el terrorismo, y son parte esencial del éxito de la labor para combatir el terrorismo. Observamos la importancia que tiene el respeto del Estado de derecho para prevenir y combatir eficazmente el terrorismo.

Reiteramos nuestra determinación y compromiso de cooperar plenamente para prevenir y combatir el terrorismo, de conformidad con nuestras obligaciones en virtud del derecho internacional, con el fin de hallar, denegar refugio seguro y llevar ante los tribunales, sobre la base del principio de “extraditar o juzgar”, a toda persona que apoye, facilite, participe o intente participar en la financia- ción, planificación, preparación o comisión de actos terroristas, o que proporcione refugio seguro.

Hacemos hincapié en que el terrorismo solo puede ser derrotado mediante un enfoque integral y sostenido, que incluya la participación y la cooperación activas de todos los Estados participantes y organizaciones regionales e internacionales pertinentes, así como, cuando proceda, de la socie- dad civil, con el fin de impedir, obstaculizar, aislar e incapacitar la amenaza terrorista. (…)

Estamos convencidos de que la lucha contra el terrorismo, de conformidad con los principios y com- promisos de la OSCE, requiere una labor sostenida y exhaustiva para hacer frente a las manifes- taciones de terrorismo, así como a los diversos factores sociales, políticos, económicos y de otro tipo que podrían crear las condiciones favorables para que las organizaciones terroristas pudieran reclutar y ganar adeptos, reconociendo, al mismo tiempo, que ninguna de esas condiciones puede excusar o justificar actos de terrorismo.

Reafirmamos que los Estados participantes están firmemente decididos a proteger los principios fundamentales en los que se basa la OSCE y a cumplir todos los compromisos, especialmente aque- llos relacionados con la lucha contra el terrorismo y el fenómeno de los terroristas combatientes extranjeros, a oponerse al extremismo violento y la radicalización que conducen al terrorismo, a respetar los derechos humanos y el Estado de derecho, y a promover la tolerancia y la no discri- minación, el respeto mutuo y la comprensión dentro de nuestras sociedades.

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

Recalcando nuestra condena firme e incondicional del terrorismo y del extremismo violento, así como nuestra profunda solidaridad con todas las víctimas del terrorismo,

Reafirmando el compromiso de los Estados participantes de colaborar para prevenir, eliminar, investigar y enjuiciar los actos relacionados con el terrorismo, incluida su financiación, y desta- cando su firme determinación de luchar contra el terrorismo en todas sus formas y manifestacio- nes, como un delito que carece de toda justificación, cualquiera que sea su motivación u origen, y que el terrorismo y el extremismo violento no pueden ni deben asociarse con ninguna raza, etnia, nacionalidad o religión, (…) 6 Reconociendo la función de liderazgo que desempeñan las Naciones Unidas en las iniciativas internacionales para prevenir y combatir el terrorismo y el extremismo violento, y el compromiso

379 6.4.1 Condena y compromiso de lucha contra el terrorismo

asumido por los Estados participantes de aplicar plenamente la Estrategia global de las Naciones Unidas contra el terrorismo,

Guiados por nuestra convicción de que la lucha contra el terrorismo y el extremismo violento, de conformidad con los principios y compromisos de la OSCE, requiere esfuerzos amplios y soste- nibles para abordar las manifestaciones del terrorismo, así como los diversos factores de carácter social, económico, político y de otra índole, que favorecen condiciones en las que organizaciones terroristas podrían captar combatientes y ganar apoyo,

Reafirmando el compromiso de los Estados participantes de intercambiar ideas y prácticas reco- mendadas en el ámbito nacional sobre sus estrategias y medidas para luchar contra el extremismo violento y la radicalización que conducen al terrorismo, a fin de mejorar la cooperación práctica, (…)

Hamburgo 2016 (Declaración sobre la intensificación de los esfuerzos de la OSCE para prevenir y combatir el terrorismo)

1. Nosotros, los Ministros de Asuntos Exteriores de los Estados participantes de la Organización para la Seguridad y la Cooperación en Europa, condenamos con la máxima firmeza todos los aten- tados terroristas perpetrados en el área de la OSCE, en las regiones vecinas y en todo el mundo, en particular los perpetrados en 2016. Reafirmamos nuestra solidaridad con las víctimas del terro- rismo y hacemos hincapié en la necesidad de promover la solidaridad internacional para prestar- les apoyo y asegurar que reciben un trato digno y respetuoso. Damos el más sentido pésame a las familias de las víctimas y a las personas y gobiernos objeto de los atentados.

2. Condenamos de forma inequívoca y manifestamos nuestra indignación por la matanza indiscri- minada y la elección deliberada de civiles como objetivo, las numerosas atrocidades, persecucio- nes de personas y comunidades basadas, entre otras cosas, en su religión o creencia, cometidas por organizaciones terroristas, en particular por el denominado Estado Islámico de Irak y el Levante, conocido también como DAESH (ISIL/DAESH), Al Qaeda, ANF/Jabhat Fatah al-Sham, así como por personas, grupos, empresas y entidades asociadas.

3. Reafirmamos que el terrorismo, en todas sus formas y manifestaciones, es una de las más gra- ves amenazas para la paz y la seguridad internacionales, que todo acto de terrorismo es un delito injustificable, independientemente de su motivación, y que el terrorismo no puede ni debe aso- ciarse con ninguna raza, religión, nacionalidad ni civilización.

4. Subrayamos la función esencial de las Naciones Unidas a la hora de prevenir y combatir el terro- rismo, y reafirmamos categóricamente nuestro compromiso de adoptar las medidas necesarias para proteger a todas las personas bajo nuestra jurisdicción contra los atentados terroristas, así como la necesidad de que todas las actividades al respecto se lleven a cabo de conformidad con la Carta de las Naciones Unidas y con todas las demás obligaciones aplicables en virtud del derecho interna- cional, en particular la legislación internacional de derechos humanos, el derecho internacional de los refugiados y el derecho internacional humanitario, así como con las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas. De conformidad con esos documentos, subra- yamos también la importancia de nuestros compromisos en virtud de la Estrategia global de las Naciones Unidas contra el terrorismo. Asimismo, tomamos nota de los documentos pertinentes sobre prácticas recomendables adoptados por el Foro Mundial contra el Terrorismo.

5. Recordamos todos los documentos pertinentes adoptados por las anteriores Presidencias de la OSCE en el ámbito de la prevención y la lucha contra el terrorismo. También tomamos nota del

380 6.4.1 Condena y compromiso de lucha contra el terrorismo

Convenio del Consejo de Europa para la Prevención del Terrorismo y animamos a los Estados participantes de la OSCE a que consideren la posibilidad de adherirse al Convenio y a su Proto- colo Adicional.

6. Hacemos hincapié en que los Estados participantes tienen una función primordial a la hora de prevenir y combatir el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo, respetando al mismo tiempo sus obligaciones en virtud del derecho internacional, en particular las relativas a los derechos humanos y las libertades fundamentales. Reafirmamos nuestra firme determinación y nuestro compromiso de permanecer unidos para prevenir y com- batir el terrorismo, incrementando la solidaridad y La cooperación internacionales y adoptando un enfoque integral y duradero a todos los niveles pertinentes, que incluya la participación y la cooperación activas de todos los Estados participantes y todas las organizaciones internacionales y regionales pertinentes. Reconocemos que los Estados participantes deben adoptar medidas con- formes con sus compromisos para con la OSCE y, al mismo tiempo que aseguran la implicación nacional, abordar las circunstancias que favorecen la propagación del terrorismo, siempre reco- nociendo que ninguna de esas circunstancias puede excusar o justificar actos de terrorismo. En ese contexto, reconocemos también que es necesario hacer frente a la amenaza que plantean los argumentos utilizados por los terroristas, incluida la justificación pública del terrorismo, la incita- ción y el reclutamiento, y pedimos a los Estados participantes que cooperen para responder con la máxima eficacia a esas amenazas, en cumplimiento del derecho internacional, incluidas las leyes internacionales de derechos humanos.

7. Nos satisface la labor realizada por el Grupo de Acción Financiera contra el blanqueo de capita- les e insistimos en que todos los Estados participantes deberán adoptar las medidas adecuadas para prevenir la financiación del terrorismo y abstenerse de prestar ningún tipo de ayuda financiera, en particular participando en el comercio directo o indirecto, que pueda favorecer a organizaciones terroristas, de recursos naturales como el petróleo y sus productos derivados, armas, munición y piezas de recambio, bienes culturales y otros objetos de valor científico especial o importancia reli- giosa, científica, cultural, histórica y arqueológica. También subrayamos la importancia de que los Estados participantes de la OSCE cooperen para prevenir y combatir el reclutamiento de miembros de grupos terroristas, incluidos los combatientes terroristas extranjeros. Seguiremos reduciendo la amenaza terrorista mediante la prevención del desplazamiento transfronterizo de personas, armas y fondos vinculados con actividades terroristas, de conformidad con los compromisos de la OSCE.

8. Reafirmamos que los que participen en la financiación, la planificación, la facilitación, la prepa- ración o la comisión de atentados terroristas, deben rendir cuentas y ser llevados ante la justicia, sobre la base del principio de extradición o enjuiciamiento, en cumplimiento de las obligaciones contraídas en virtud del derecho internacional, así como de las leyes nacionales aplicables. Reite- ramos nuestra determinación y nuestro compromiso de cooperar plenamente en la prevención y la lucha contra el terrorismo, respetando al mismo tiempo los derechos humanos y las libertades fun- damentales, y cumpliendo las obligaciones del derecho internacional. Pedimos a los Estados que cooperen en los esfuerzos para hacer frente a la amenaza planteada por los terroristas, incluidos los combatientes terroristas extranjeros y los repatriados, mediante, entre otras cosas, la elaboración y la puesta en práctica de estrategias de rehabilitación y reintegración posteriores al enjuiciamiento.

9. Ponemos de relieve la importancia esencial del intercambio de información, especialmente en lo relativo a los combatientes terroristas extranjeros, los documentos de viaje extraviados o roba- dos, las armas de fuego, y los bienes culturales expoliados o robados, por ejemplo, las antigüeda- 6 des, y alentamos a todos los Estados a que aprovechen plenamente los mecanismos y los sistemas de intercambio de datos bilaterales y multilaterales.

381 6.4.2 Respeto de los derechos humanos y el estado de derecho en la lucha contra el terrorismo

10. Destacamos la importancia de la cooperación entre Estados participantes de la OSCE, inclu- yendo, cuando proceda, a la sociedad civil, para prevenir y combatir el terrorismo. También subra- yamos el importante papel que desempeña la sociedad civil, en particular los jóvenes, las familias, las mujeres, las víctimas del terrorismo, los líderes religiosos, culturales y educativos, así como los medios informativos y el sector privado, para prevenir el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo, entre otras cosas, contrarrestando los mensajes terro- ristas y extremistas violentos, y ofreciendo alternativas a dichos mensajes, especialmente en Inter- net, en las redes sociales y otros medios. Alentamos a los dirigentes políticos y a las figuras públicas destacadas, incluidos representantes de la sociedad civil y líderes religiosos, a que manifiesten, con firmeza y prontitud, su oposición al extremismo y la radicalización que conducen al terrorismo.

11. Tomamos nota positiva de que la campaña “La OSCE unida en la lucha contra el extremismo violento” (#United CVE) se está llevando a cabo de forma ininterrumpida y recordamos que la Asamblea General de las Naciones Unidas también tomó nota del Plan de Acción para prevenir el extremismo violento, presentado por el Secretario General de las Naciones Unidas, y sugirió que los Estados tuvieran en cuenta sus recomendaciones pertinentes a la hora de elaborar, si procedía y si era aplicable en su contexto nacional, planes de acción nacionales y regionales para prevenir el extremismo violento que conduce al terrorismo.

12. Acogemos con agrado las actividades realizadas por las estructuras ejecutivas de la OSCE, incluidas las Instituciones, en el marco de sus mandatos y dentro de los recursos disponibles, para apoyar el cumplimiento de los compromisos de la OSCE en el ámbito de la prevención y la lucha contra el terrorismo, de conformidad con el enfoque integral de la seguridad de la OSCE.

13. Invitamos a los Socios de la OSCE para la Cooperación a que se unan a nosotros respaldando la presente declaración.

6.4.2 Respeto de los derechos humanos y el estado de derecho en la lucha contra el terrorismo

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios)

Los Estados participantes (…) expresan su determinación de adoptar medidas eficaces para la pre- vención y supresión de actos de terrorismo (...) Acuerdan hacerlo de conformidad con (...) el Acta Final de Helsinki.

Copenhague 1990

(6) Los Estados participantes (…) reconocen su responsabilidad para defender y proteger, de con- formidad con sus leyes, sus obligaciones y sus compromisos internacionales en materia de derechos humanos, el orden democrático libremente establecido por la voluntad del pueblo contra las acti- vidades de personas, grupos u organizaciones que participen en actos de terrorismo o de violencia encaminados a derrocar ese orden o el de otro Estado participante o se nieguen a renunciar a ellos.

Bucarest 2001 (Declaración ministerial)

3. (…) Reiteramos que la lucha contra el terrorismo no es una guerra contra religiones o contra pueblos. Reafirmamos nuestro compromiso para proteger los derechos humanos y las libertades fundamentales.

382 6.4.2 Respeto de los derechos humanos y el estado de derecho en la lucha contra el terrorismo

4. Estamos resueltos a proteger a nuestros ciudadanos contra nuevos riesgos para su seguridad, sin dejar de salvaguardar el Estado de derecho, las libertades individuales y el derecho a la igual- dad de justicia ante la ley.

Bucarest 2001 (Anexo a la Decisión nº 1/01 relativa a la lucha contra el terrorismo:

(…) Los Estados participantes de la OSCE no cederán a las amenazas terroristas y lucharán contra ellas por todos los medios en consonancia con sus compromisos internacionales. (…) Defenderán la libertad y protegerán a sus ciudadanos contra los actos de terrorismo, respetando plenamente el derecho internacional y los derechos humanos. Rechazan firmemente la identificación del terro- rismo con cualquier nacionalidad o con cualquier religión, y corroboran una vez más las normas, los principios y los valores de la OSCE.

Bucarest 2001 (Anexo a la Decisión 1/01 relativa a la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

26. Prevención de la circulación de terroristas: Estados participantes: Tratarán de impedir todo desplazamiento de elementos terroristas, por separado o en grupo, mediante el control de sus fron- teras y de la emisión de documentos de identidad y de viaje; Aplicarán esas medidas de control respetando plenamente sus obligaciones con arreglo a la legislación sobre refugiados internacio- nales y derechos humanos.

Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

Compromisos de los Estados participantes en la OSCE (…)

6. Reafirman su compromiso de adoptar toda medida que sea requerida para amparar los derechos humanos y las libertades fundamentales de toda persona sita en su territorio, particularmente su derecho a la vida, frente a todo acto terrorista;

7. Se comprometen a actuar eficaz y resueltamente contra el terrorismo y a cooperar en la adop- ción de toda suerte de medidas contraterroristas en el marco del Estado de derecho y de confor- midad con la Carta de las Naciones Unidas, el derecho internacional, y toda norma internacional de derechos humanos y, cuando proceda, de derecho humanitario internacional que sea aplicable;

Maastricht 2003 (Estrategia de la OSCE frente a las amenazas contra la estabilidad y la seguridad en el siglo XXI)

29. (…) Se prestará particular atención al desarrollo de servicios especiales y otras medidas de asis- tencia en la esfera de la lucha antiterrorista. La Organización se ocupará también del importante desafío que supone la puesta en práctica de medidas eficaces contra el terrorismo que sean plena- mente conformes con el Estado de derecho y el derecho internacional, así como con la normativa 6 aplicable en materia de derechos humanos. (…)

383 6.4.2 Respeto de los derechos humanos y el estado de derecho en la lucha contra el terrorismo

Sofía 2004 (Declaración ministerial de Sofía sobre prevención y lucha contra el terrorismo)

(…) Reiteramos firmemente nuestra determinación de combatir al terrorismo en todas sus for- mas y manifestaciones, (…) y de llevar adelante esta lucha en la observancia del Estado de derecho y de conformidad con nuestras obligaciones en el marco del derecho internacional, y en particular de los derechos humanos internacionales, y del derecho humanitario y aplicable a los refugiados.

2. Insistimos una vez más en la función rectora de las Naciones Unidas en esta lucha global con- tra el terrorismo (...) apoyamos la resolución 2004/87 de la Comisión de Derechos Humanos de las Naciones Unidas (...)

Sofía 2004 (Decisión nº 3/04 relativa a la lucha contra la utilización de internet para fines terroristas.)

(...) Preocupado por la amplitud del uso de Internet por las organizaciones terroristas (...) decide que los Estados participantes intercambien información acerca de la utilización de Internet para fines terroristas y definan posibles estrategias para combatir esa amenaza, sin dejar de velar por el respeto de las obligaciones y las normas internacionales en materia de derechos humanos, par- ticularmente las concernientes al derecho de la persona a su privacidad y a la libertad de opinión y de expresión;

Bruselas 2006 (Declaración ministerial de Bruselas para apoyar y promover el marco jurídico internacional contra el terrorismo) (…)

Insistimos en que las medidas necesarias para llevar a cabo esa lucha deben adoptarse con pleno respeto del Estado de derecho y de conformidad con nuestras obligaciones en virtud del derecho internacional, obrando en particular en el marco del derecho internacional aplicable en materia de derechos humanos, de derecho humanitario y de derecho de los refugiados. (…)

Madrid 2007 (Decisión nº 5/07 relativa a la colaboración público-privada en la lucha contra el terrorismo) (…)

Reafirmando la importancia fundamental, incluso en respuesta al terrorismo y al temor al terro- rismo, de respetar todos los derechos humanos y las libertades fundamentales y el Estado de Derecho y de cumplir las obligaciones aplicables en virtud del Derecho internacional, en particular el Dere- cho internacional de los derechos humanos, el Derecho de los refugiados y el Derecho humanitario, (…)

(…) A este respecto, los esfuerzos deben tener debidamente en cuenta:

384 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

(…) Promover la concienciación pública y la divulgación a través de los medios de comunicación y las instituciones educativas, respetando la diversidad cultural y religiosa,

Promover la concienciación pública y la divulgación a través de los medios de comunicación y las instituciones educativas, respetando la diversidad cultural y religiosa,

(…) Decide:

1. Encomendar al Secretario General y a las instituciones de la OSCE que sigan promoviendo la participación del sector privado (sociedad civil y comunidad empresarial) en sus actividades de lucha contra el terrorismo, cuando sea pertinente y apropiado; (…)

Helsinki 2008 (Decisión nº 7/08 relativa al fortalecimiento del Estado de Derecho en el área de la OSCE)

El Consejo Ministerial, (…)

Helsinki 2008 (Decisión nº 10/08 relativa a seguir promoviendo las actividades de la OSCE para combatir el terrorismo)

El Consejo Ministerial,

Recalcando que los Estados participantes están decididos a combatir el terrorismo en todas sus formas y manifestaciones, como delito que no tiene justificación sean cuales fueren sus motivos o su origen, y a llevar a cabo esa lucha con pleno respeto del Estado de derecho y de conformidad con las obligaciones contraídas en virtud del derecho internacional, en particular de los derechos humanos internacionales, del derecho humanitario y del de los refugiados, (…)

6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

Madrid 1983 (Cuestiones relativas a la seguridad en Europa: Principios) 6 En el marco de la lucha contra los actos de terrorismo adoptarán cuantas medidas sean necesarias para impedir que se utilicen sus respectivos territorios para la preparación, organización o reali- zación de actividades terroristas, incluidas las dirigidas contra otros Estados participantes y sus ciudadanos. Ello abarca Asimismo medidas para prohibir en sus territorios actividades ilegales

385 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

de personas, grupos y organizaciones que instiguen, organicen o tomen parte en la perpetración de actos de terrorismo.

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(10) (…) los Estados participantes manifiestan su determinación (…) (10.3.) – impedir en su territorio las actividades ilegales de personas, grupos u organizaciones que instiguen, organicen o participen en la realización de actos de terrorismo o subversivos, o de otras actividades encaminadas a derrocar por la violencia el régimen de otro Estado participante;

Estambul 1999 (Carta sobre la Seguridad Europea: I. Nuestros desafíos comunes)

4. (…) Intensificaremos nuestros esfuerzos por evitar la preparación y financiación en nuestros territorios de cualquier acto de terrorismo, y por denegar todo refugio seguro a los terroristas. (…)

Bucarest 2001 (Anexo a la Decisión nº 1/01 relativa a la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

386 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

Los Estados participantes en la OSCE, firmemente comprometidos en su común lucha contra el terrorismo,

8. Reafirman que todo Estado deberá abstenerse de cobijar en su territorio a terroristas, así como de organizar, instigar, prestar asistencia o apoyo activo o pasivo, o patrocinar de cualquier otro modo actos terroristas en otros Estados, no debiendo tampoco consentir ninguna actividad orga- nizada dentro de su territorio que esté al servicio de la perpetración de tales actos; (…)

24. Reconocen la necesidad de complementar la cooperación internacional, adoptando en sus terri- torios toda medida necesaria para prevenir o reprimir, por todo medio legal, la financiación o la preparación de actos terroristas, o la asistencia prestada a dichos actos, así como de tipificar como delito la recaudación o la entrega consciente de fondos para fines terroristas, obrando para ello en el marco de sus obligaciones contraídas en virtud del Convenio Internacional para la represión de la financiación del terrorismo y de toda resolución del Consejo de Seguridad que sea del caso; (…)

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

Recalcando nuestra condena firme e incondicional del terrorismo y del extremismo violento, así como nuestra profunda solidaridad con todas las víctimas del terrorismo,

cualquiera que sea su motivación u origen, y que el terrorismo y el extremismo violento no pue- den ni deben asociarse con ninguna raza, etnia, nacionalidad o religión,

Condenando enérgicamente las manifestaciones de intolerancia, incluidas las que se basan en la religión o la creencia; reafirmando la voluntad de los Estados participantes de fomentar la toleran- cia y la no discriminación, el respeto y el entendimiento mutuos en sus sociedades; y reafirmando nuestro compromiso de promover y proteger los derechos humanos y las libertades fundamenta- les, entre ellas la libertad de expresión y la libertad de pensamiento, conciencia, religión o creencia,

Profundamente preocupados por el hecho de que algunos delitos graves cometidos por terroristas 6 o grupos terroristas, entre ellos combatientes terroristas extranjeros, se han dirigido contra per- sonas y grupos por motivos de etnia, religión o creencia, y observando el papel que la discrimina- ción y la intolerancia pueden desempeñar para avivar el extremismo violento y la radicalización que conducen al terrorismo (…), en apoyo de nuestros compromisos pertinentes con la OSCE, y en

387 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

cumplimiento de las obligaciones aplicables en virtud del derecho internacional, incluido el dere- cho internacional de los derechos humanos, el derecho internacional de los refugiados y el dere- cho internacional humanitario,

Reconociendo la función de liderazgo que desempeñan las Naciones Unidas en las iniciativas internacionales para prevenir y combatir el terrorismo y el extremismo violento, y el compromiso asumido por los Estados participantes de aplicar plenamente la Estrategia global de las Naciones Unidas contra el terrorismo,

Recalcando que los Estados participantes desempeñan una función primordial en la prevención y la lucha contra el terrorismo y el extremismo violento, a la vez que respetan sus obligaciones en virtud del derecho internacional,

Recalcando también la función decisiva que pueden desempeñar los jóvenes, las familias, las mujeres, las víctimas del terrorismo, los líderes religiosos, culturales y de la educación, y la sociedad civil, así como los medios informativos, para luchar contra el discurso del extremismo violento que puede incitar a actos terroristas y para abordar las condiciones que pueden favorecer la propagación del terrorismo, en particular fomentando el respeto y el entendimiento mutuos, la reconciliación y la coexistencia pacífica entre las culturas, así como promoviendo y protegiendo los derechos huma- nos, las libertades fundamentales, los principios democráticos y el Estado de derecho, (…)

Instamos a los Estados participantes a:

1. Seguir intensificando sus esfuerzos por prevenir y combatir el extremismo violento y la radica- lización que conducen al terrorismo en sus países, adoptando un enfoque multidimensional y, en ese sentido, hacer uso, según proceda y cuando sea necesario, de las estructuras ejecutivas de la OSCE, incluidas las operaciones sobre el terreno en el marco de sus respectivos mandatos;

388 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

2. Intensificar sus esfuerzos para combatir y reprimir la financiación del terrorismo, en aplicación y cumplimiento de las resoluciones pertinentes del Consejo de Seguridad de las Naciones Unidas, y en apoyo de los compromisos de la OSCE, (...);

3. Adoptar las medidas que puedan ser necesarias y apropiadas, y que sean conformes a sus obli- gaciones dimanantes del derecho internacional, también en lo relativo a los derechos humanos y las libertades fundamentales, con la finalidad de prohibir por ley la incitación a cometer un acto o actos terroristas y evitar conductas de esa índole;

4. Colaborar en la prevención y la lucha contra el terrorismo violento y la radicalización que con- ducen al terrorismo mediante, entre otras cosas, el fomento de capacidades, la coordinación de planes e iniciativas y el intercambio de lecciones aprendidas, entre ellas impedir el suministro de armas a terroristas y evitar la radicalización que puede conducir al terrorismo y la captación y la movilización de personas como terroristas, incluidos los combatientes terroristas extranjeros;

5. Considerar, según sea adecuado, la elaboración y modernización de estrategias y planes de acción nacionales contra el terrorismo, como por ejemplo, políticas y medidas específicas para prevenir y combatir el extremismo violento y la radicalización que conducen al terrorismo, en apoyo de los compromisos de la OSCE y en cumplimiento de sus obligaciones de conformidad con el derecho internacional, incluidas las normas en materia de derechos humanos;

6. Fomentar un enfoque integral en todos los planos para evitar y contrarrestar el extremismo vio- lento y la radicalización que conducen al terrorismo, que incluya coordinación entre las autori- dades nacionales, cooperación entre los Estados participantes y cooperación con organizaciones internacionales y regionales pertinentes;

7. Fomentar la investigación y el intercambio de información sobre las condiciones que propician la propagación del extremismo violento y la radicalización que conducen al terrorismo, y sobre la manera de contrarrestarlas;

8. Alentar a los líderes políticos y a los personajes públicos, incluidos los representantes de la socie- dad civil y los líderes religiosos, a que contribuyan a prevenir y combatir el extremismo violento y la radicalización que conducen al terrorismo, manifestándose públicamente, de manera firme y oportuna, contra el extremismo violento y la radicalización que conducen al terrorismo;

9. Seguir fomentando las asociaciones público-privadas para la lucha contra el terrorismo, según proceda, entre las autoridades públicas, el sector privado, la sociedad civil, los miembros o repre- sentantes de comunidades religiosas y los medios informativos, de conformidad con la Decisión N° 10/08 del Consejo Ministerial, entre otros documentos, con el propósito de luchar contra la inci- tación al terrorismo y contra el extremismo violento y la radicalización que conducen al terrorismo;

10. Mejorar la cooperación internacional y las asociaciones público-privadas a fin de desarrollar medidas prácticas para luchar contra el uso de Internet y otros medios con objeto de incitar al extremismo violento y la radicalización que conducen al terrorismo, así como de reclutar a comba- tientes terroristas extranjeros. Ese tipo de cooperación internacional y de asociaciones público-pri- vadas podría promover iniciativas de comunicación, por ejemplo, a través de las redes sociales, para luchar contra los mensajes extremistas violentos, respetando a la vez plenamente el derecho a la libertad de expresión y de opinión; 6 (…)

389 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

12. Fomentar un diálogo y una cooperación interculturales, interconfesionales e interreligiosos que sean abiertos y transparentes, para contribuir, entre otras cosas, a mejorar la tolerancia, el respeto mutuo y la comprensión en los ámbitos local, nacional, regional e internacional;

13. Que tengan en cuenta la perspectiva de género en sus esfuerzos por combatir el terrorismo y prevenir y contrarrestar el extremismo violento y la radicalización que conducen al terrorismo, centrándose en la capacitación de las mujeres y en la participación tanto de mujeres como de hom- bres en estos esfuerzos;

14. Implicar y empoderar a los jóvenes en la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo mediante, entre otras, las siguientes iniciativas: (a) Crear y facilitar el entorno y las oportunidades para que los jóvenes puedan participar e implicarse voluntaria y libremente en la vida pública y en el fomento de los derechos humanos, las libertades fundamentales, los principios democráticos, el Estado de derecho, la tolerancia, la no discrimina- ción, el diálogo, el respeto y la comprensión mutuos, y facilitar su acceso a los servicios sociales; (b) Apoyar a los jóvenes que deseen contribuir a esas iniciativas, mediante proyectos educativos en escuelas e instituciones de educación superior; (c) Apoyar también iniciativas de concienciación lideradas por jóvenes y centradas en ellos, por ejemplo, en Internet y en las redes sociales, a fin de prevenir y combatir la radicalización que pueda conducirles al terrorismo, y promover el respeto de los derechos humanos, las libertades funda- mentales, la tolerancia y la no discriminación; (d) Fomentar programas que faciliten el acceso de los jóvenes al mundo laboral;

15. Considerar la posibilidad de brindar apoyo, también mediante contribuciones financieras volun- tarias, a las actividades de la OSCE en las tres Dimensiones de la seguridad, que forman parte de los esfuerzos globales encaminados a prevenir y luchar contra el extremismo violento y la radica- lización que conducen al terrorismo, reconociendo Asimismo la función de liderazgo que desem- peñan las Naciones Unidas;

17. Alentamos a los parlamentarios a que sigan dialogando con miras a reforzar el marco jurídico esencial para luchar contra el terrorismo, fomentando la solidaridad con las víctimas del terro- rismo, y les animamos a pronunciarse de manera firme y oportuna contra la intolerancia, la discri- minación, el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo;

Instamos a las estructuras ejecutivas pertinentes de la OSCE, en el marco de sus respectivos man- datos y dentro de los recursos disponibles, a:

18. Seguir brindando su apoyo a los Estados participantes de la OSCE que lo soliciten, en la pre- vención y lucha contra el extremismo violento y la radicalización que conducen al terrorismo, siguiendo un enfoque multidimensional en el que también se tenga en cuenta la cuestión de los jóvenes, según proceda;

390 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

19. Facilitar el intercambio de experiencias concretas y buenas prácticas y, previa solicitud, brin- dar asistencia cuando proceda para, entre otras cosas: (a) Fomentar la investigación y el intercambio de información sobre las condiciones que propi- cian el extremismo violento y la radicalización que conducen al terrorismo, y sobre la manera de contrarrestarlas; (b) Elaborar, cuando proceda, estrategias y planes de acción nacionales de lucha contra el terro- rismo, incluidas políticas y medidas para contrarrestar el extremismo violento y la radicalización que conducen al terrorismo; (c) Incorporar una perspectiva de género en el contexto de la prevención y la lucha contra el extre- mismo violento y la radicalización que conducen al terrorismo, poniendo especial atención en el empoderamiento de la mujer y en la participación de mujeres y hombres por igual en dichas ini- ciativas; (d) Asistir a los Estados participantes en el desarrollo de actividades prácticas, en asocia- ción con la sociedad civil y el sector privado cuando proceda, con objeto de ayudarles a elaborar políticas, enfoques y estrategias de prevención y lucha contra el extremismo violento y la radica- lización que conducen al terrorismo; (e) Fomentar el intercambio de buenas prácticas, según proceda, y considerar la posibilidad de ela- borar directrices internacionales sobre rehabilitación, reintegración y prevención de la radicaliza- ción terrorista en centros penitenciarios; (f) Poner en práctica enfoques sobre actividades policiales de proximidad cuyo objeto sea prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (g) Fomentar la cooperación entre expertos de la administración, de la sociedad civil, del mundo académico, de los medios informativos y del sector privado, para prevenir y combatir el extre- mismo violento y la radicalización que conducen al terrorismo; (h) Fortalecer la función de la sociedad civil, las mujeres, los jóvenes y los líderes religiosos en la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; (i) Promover y proteger los derechos humanos y las libertades fundamentales, así como el Estado de derecho, en el contexto de las medidas para prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (j) Hacer frente a los factores socioeconómicos negativos que aparecen en la prevención del terro- rismo y en la lucha contra el extremismo violento y la radicalización que conducen al terrorismo; (k) Alentar iniciativas educativas y otras medidas que promuevan la tolerancia, la no discrimina- ción y la no violencia, y que fomenten también la concienciación pública y luchen contra los este- reotipos xenófobos, la intolerancia y la discriminación, como parte de los esfuerzos por prevenir el terrorismo y luchar contra el extremismo violento y la radicalización que conducen al terrorismo; (l) Reconocer el papel de los medios informativos a la hora de fomentar un debate plural, y ani- marlos a que hagan gala de profesionalidad y se autorregulen de manera voluntaria, con miras a promover la tolerancia frente a la diversidad étnica, religiosa y cultural, y a prevenir y comba- tir el extremismo violento y la radicalización que conducen al terrorismo, respetando al mismo tiempo la independencia y la libertad de dichos medios;

20. Cooperar con las Naciones Unidas y otras organizaciones e iniciativas internacionales y regio- nales pertinentes, a fin de evitar cualquier duplicación de esfuerzos y potenciar al máximo las sinergias en la prevención y lucha contra el extremismo violento y la radicalización que condu- 6 cen al terrorismo;

21. Apoyar a los Socios para la Cooperación conforme a las necesidades y prioridades que ellos mismos definan, (…);

391 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

22. Encomendamos a las operaciones sobre el terreno que informen al Consejo Permanente, por conducto de la Secretaría, antes del 26 de mayo de 2016, sobre sus actividades pasadas, presentes y posibles, de conformidad con sus respectivos mandatos, destinadas específicamente a apoyar los esfuerzos en sus respectivos países anfitriones para luchar contra el extremismo violento y la radi- calización que conducen al terrorismo, siguiendo un enfoque pluridimensional.

Hamburgo 2016 (Decisión nº 6/16 relativa a mejorar el uso de la información anticipada sobre pasajeros) (…)

Reiterando la necesidad de combatir el terrorismo, que constituye una de las amenazas más gra- ves para la paz y la seguridad internacionales, de conformidad con la Carta de las Naciones Uni- das y el derecho internacional, incluidos el derecho internacional de derechos humanos, el derecho internacional de los refugiados y el derecho internacional humanitario,

Recordando, tal y como figura en la resolución 2178 (2014) del Consejo de Seguridad de las Nacio- nes Unidas, la obligación de impedir la circulación de terroristas y de grupos de terroristas, de conformidad con el derecho internacional aplicable, mediante controles fronterizos eficaces, entre otras cosas, e intensificar y agilizar, conforme a la legislación nacional y el derecho internacional, el intercambio de información operacional sobre las actividades o los movimientos de terroristas o redes terroristas, incluidos los combatientes terroristas extranjeros, especialmente con sus Esta- dos de residencia o nacionalidad, por medio de mecanismos bilaterales o multilaterales, (…)

Declarando nuestra intención de detectar e impedir la circulación de combatientes terroristas extranjeros de manera plenamente conforme con las resoluciones 2178 (2014) y 2309 (2016) del Consejo de Seguridad de las Naciones Unidas, en las que se exhorta a los Estados a que “exijan que las compañías aéreas que operan en sus territorios proporcionen información por adelantado sobre los pasajeros a las autoridades nacionales competentes a fin de detectar la salida de su territorio, o el intento de entrada o tránsito por él, en aviones civiles, de las personas designadas por el Comité (…) (…)

Decide que los Estados participantes de la OSCE asuman el compromiso de:

1. Implantar sistemas de información anticipada sobre pasajeros (API, por sus siglas en inglés), que sean conformes con las disposiciones que figuran en el Anexo 9 del Convenio sobre Aviación Civil Internacional (Convenio de Chicago) de la OACI, y se ajusten a las Directrices en materia de información anticipada sobre pasajeros publicadas por la OMA/IATA/OACI, incluidas también las relacionadas con la protección de datos y de la privacidad, con el objetivo de obtener infor- mación de manera eficaz sobre pasajeros y/o tripulaciones por parte de las compañías aéreas que operen en sus territorios;

2. Considerar la posibilidad de crear en sus respectivos países un sistema interactivo para el inter- cambio de datos API (iAPI), a fin de impedir la circulación de combatientes terroristas extranje- ros, de conformidad con las resoluciones 2178 (2014) y 2309 (2016) del Consejo de Seguridad de las Naciones Unidas;

3. Adherirse a lo establecido en el Documento OACI 9082 “Políticas de la OACI sobre derechos aero- portuarios y por servicios de navegación aérea”, en el contexto de la implantación de los sistemas

392 6.4.3 Prevención de las actividades relacionadas con el terrorismo en el territorio de los Estados participantes

de API, reconociendo que incumbe a los Estados garantizar la aplicación de medidas de seguri- dad adecuadas en los aeropuertos;

4. Colaborar con todas las partes interesadas pertinentes de sus países en la implantación de siste- mas nacionales de API y considerar la creación de una autoridad administrativa que, en represen- tación del resto de autoridades, reciba el conjunto de los diferentes tipos de datos sobre pasajeros a través de una ventanilla única con un solo punto de entrada de datos;

5. Aumentar el valor añadido de los datos API procurando llevar a cabo comprobaciones cruza- das y automatizadas de esos datos con las “listas de vigilancia” pertinentes, tanto nacionales como regionales e internacionales, en particular, con las bases de datos de Interpol y las Listas de san- ciones de las Naciones Unidas;

6. Facilitar asistencia en la implantación de sistemas de API con el fin de brindar apoyo a aquellos Estados participantes que lo soliciten;

Encomendamos a las estructuras ejecutivas de la OSCE que, en el marco de sus respectivos man- datos y los recursos disponibles:

7. Apoyen los esfuerzos internacionales destinados a concienciar acerca de los requisitos incluidos en las resoluciones 2178 (2014) y 2309 (2016) del Consejo de Seguridad de las Naciones Unidas en lo relativo a la información anticipada sobre pasajeros y evalúen las necesidades de asistencia téc- nica de los Estados participantes que la soliciten, además de determinar posibilidades de asisten- cia por parte de donantes en materia de capacitación;

8. Brinden apoyo en la implantación de sistemas de API a los Estados participantes que lo solici- ten, en colaboración con las organizaciones internacionales y regionales pertinentes.

Hamburgo 2016 (Declaración sobre la intensificación de los esfuerzos de la OSCE para prevenir y combatir el terrorismo) (…)

9. Ponemos de relieve la importancia esencial del intercambio de información, especialmente en lo relativo a los combatientes terroristas extranjeros, los documentos de viaje extraviados o roba- dos, las armas de fuego, y los bienes culturales expoliados o robados, por ejemplo, las antigüeda- des, y alentamos a todos los Estados a que aprovechen plenamente los mecanismos y los sistemas de intercambio de datos bilaterales y multilaterales.

10. Destacamos la importancia de la cooperación entre Estados participantes de la OSCE, inclu- yendo, cuando proceda, a la sociedad civil, para prevenir y combatir el terrorismo. También subra- yamos el importante papel que desempeña la sociedad civil, en particular los jóvenes, las familias, las mujeres, las víctimas del terrorismo, los líderes religiosos, culturales y educativos, así como los medios informativos y el sector privado, para prevenir el terrorismo, y el extremismo violento y la radicalización que conducen al terrorismo, entre otras cosas, contrarrestando los mensajes terro- ristas y extremistas violentos, y ofreciendo alternativas a dichos mensajes, especialmente en Inter- net, en las redes sociales y otros medios. Alentamos a los dirigentes políticos y a las figuras públicas destacadas, incluidos representantes de la sociedad civil y líderes religiosos, a que manifiesten, con 6 firmeza y prontitud, su oposición al extremismo y la radicalización que conducen al terrorismo.

393 6.4.4 Extradición y enjuiciamiento de personas implicadas en actos terroristas

6.4.4 Extradición y enjuiciamiento de personas implicadas en actos terroristas

Viena 1989 (Cuestiones relativas a la seguridad en Europa: Principios)

(10) (…) los Estados participantes manifiestan su determinación (…) (10.5) – asegurar la extradición o procesamiento de personas que participen en actos terroris- tas, y cooperar estrechamente en casos de conflicto de jurisdicción que afecten a varios Estados, actuando en ambos respectos de conformidad con los acuerdos internacionales aplicables;

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridadPreámbulo)

6. Los Estados participantes (...) adoptarán, en particular, medidas para cumplir los requisitos de interna-

Bucarest 2001 (Anexo a la Decisión nº 1/01 relativa a la lucha contra el terrorismo: Plan de Acción de Bucarest para la lucha contra el terrorismo)

19. Promoción del cumplimiento de la ley y lucha contra la delincuencia organizada – Estados par- ticipantes: Se prestarán el máximo grado de asistencia para proporcionar información en relación con investigaciones penales o procedimientos penales de extradición relacionados con actos terro- ristas, de conformidad con su legislación nacional y sus obligaciones internacionales.

Oporto 2002 (Carta de la OSCE para la Prevención y Lucha contra el Terrorismo)

Los Estados participantes en la OSCE, firmemente comprometidos en su común lucha contra el terrorismo, (…)

10. Adoptarán medidas apropiadas para evitar que se otorgue asilo a persona alguna que haya pla- neado o facilitado actos terroristas, o que haya participado en ellos, de conformidad con la nor- mativa de derecho interno o de derecho internacional (…) (…)

18. Se comprometen a cumplir, con arreglo a todos los convenios y protocolos de las Naciones Uni- das en la materia y con todas las resoluciones del Consejo de Seguridad y otros compromisos inter- nacionales al respecto, con su obligación de tipificar como delito grave, en su derecho interno, todo acto terrorista y toda actividad que esté a su servicio, particularmente la financiación del terrorismo;

Liubliana 2005 (Decisión 4/05 relativa al fortalecimiento de la cooperación judicial en asuntos penales concernientes a la lucha contra el terrorismo)

El Consejo Ministerial

Decidido a reforzar las actividades de la OSCE para la lucha contra el terrorismo, de conformidad con el derecho internacional y en consonancia con los compromisos vigentes en la OSCE,

394 6.4.4 Extradición y enjuiciamiento de personas implicadas en actos terroristas

Recordando las resoluciones 1373 (2001), 1566 (2004) y 1624 (2005) del Consejo de Seguridad de las Naciones Unidas, en las que se exhorta a todos los Estados a que entren lo antes posible a ser parte en los convenios y protocolos internacionales concernientes al terrorismo, y a que cooperen plenamente en la lucha contra el terrorismo, y recordando también los compromisos contraídos por la OSCE en esa esfera,

Recordando Asimismo la resolución 1631 (2005) del Consejo de Seguridad de las Naciones Unidas, en particular el párrafo en el que insta “a todas las organizaciones regionales y subregionales per- tinentes a que mejoren la eficacia de sus actividades contra el terrorismo en el marco de sus man- datos respectivos, con miras, entre otras cosas, a desarrollar su capacidad de ayudar a los Estados miembros en sus esfuerzos por hacer frente a las amenazas a la paz y la seguridad internacionales que plantean los actos de terrorismo”,

Acogiendo con beneplácito los esfuerzos que se están realizando en el marco de las Naciones Uni- das para concluir lo antes posible la preparación de una convención sobre todos los aspectos del terrorismo,

Reconociendo que los convenios y protocolos anteriormente mencionados constituyen un régi- men jurídico universal contra el terrorismo y que, a falta de tratados bilaterales sobre asistencia judicial recíproca y extradición, podrían, junto con la Convención de las Naciones Unidas con- tra la Delincuencia Organizada Transnacional (Convención de Palermo) servir como base para la cooperación judicial, (…)

Decide que los Estados participantes deben cooperar activa y plenamente entre sí, de conformi- dad con toda norma aplicable de derecho interno o internacional, en sus esfuerzos por localizar y llevar ante los tribunales a todo autor, organizador, patrocinador y cómplice de actos terroristas, actuando conforme al principio de extraditar al culpable o encausarlo; (…)

Encarga Asimismo al Secretario General que, en estrecha cooperación con la ONUDD, orga- nice para los Estados participantes que lo soliciten, talleres nacionales de formación para fisca- les y miembros de la judicatura, sobre cuestiones de extradición y asistencia judicial recíproca en asuntos penales, en particular en los concernientes al terrorismo.

Bruselas 2006 (Declaración ministerial de Bruselas para apoyar y promover el marco jurídico internacional contra el terrorismo) (…)

Hacemos, Asimismo un llamamiento a los Estados participantes para que estudien la posibili- dad de entrar a ser partes en los instrumentos jurídicos regionales y subregionales contra el terro- rismo o de cooperación judicial en asuntos penales, aprobados en el seno de organizaciones a las que pertenecemos, así como para que concierten – siempre que ello sea preciso para colmar lagu- nas en los instrumentos jurídicos vigentes – acuerdos bilaterales de asistencia judicial recíproca y de extradición, a fin de poder cooperar plenamente, de conformidad con toda norma aplicable de derecho interno o de derecho internacional, en los esfuerzos por localizar y llevar ante la justi- 6 cia a los autores, organizadores, partidarios y patrocinadores de actos terroristas, a tenor del prin- cipio ya establecido de extraditar al terrorista o llevarlo ante la justicia. (…)

395 6.4.4 Extradición y enjuiciamiento de personas implicadas en actos terroristas

Madrid 2007 (Declaración Ministerial sobre el apoyo a la Estrategia global de las Naciones Unidas contra el Terrorismo) (…)

13. Los Estados participantes cooperarán plenamente en la lucha contra el terrorismo, de confor- midad con las obligaciones contraídas en virtud del derecho internacional, a fin de localizar, dene- gar el asilo y llevar ante la justicia, sobre la base del principio de extradición o de enjuiciamiento, a toda persona que apoye, facilite, participe o intente participar en la financiación, planificación, preparación o comisión de actos terroristas, o que proporcione asilo a los terroristas. Los Estados participantes antes de conceder el estatuto de refugiado, adoptarán las medidas pertinentes, de conformidad con las disposiciones de la legislación nacional e internacional, incluida la normativa internacional de derechos humanos, con el fin de velar por que los solicitantes de asilo no hayan planeado, facilitado o cometido actos terroristas ni participado en ellos. Velarán, también de con- formidad con el derecho internacional, por que los que cometen, organizan o facilitan actos terro- ristas no hagan uso indebido del estatuto de refugiado, y por que no se aleguen razones políticas para denegar las solicitudes de extradición de supuestos terroristas; (…)

Atenas 2009 (Decisión nº 3/09 relativa a las nuevas medidas para respaldar y promover el marco jurídico internacional para luchar contra el terrorismo)

El Consejo Ministerial, (…)

Reconociendo Asimismo que los Estados participantes de la OSCE pueden requerir asistencia téc- nica en sus medidas relacionadas con lo antedicho, (…)

Hamburgo 2016 (Declaración sobre la intensificación de los esfuerzos de la OSCE para prevenir y combatir el terrorismo) (…)

396 6.4.5 Contra el empleo de internet al servicio del terrorismo

combatientes terroristas extranjeros y los repatriados, mediante, entre otras cosas, la elaboración y la puesta en práctica de estrategias de rehabilitación y reintegración posteriores al enjuiciamiento.

6.4.5 Contra el empleo de internet al servicio del terrorismo

Sofía 2004 (Decisión nº 3/04 relativa a la lucha contra la utilización de internet para fines terroristas)

El Consejo Ministerial,

(...) Preocupado por la amplitud del uso de Internet por las organizaciones terroristas: • para identificar y reclutar a posibles miembros, • para recaudar y transferir fondos, • para organizar atentados terroristas, • para instigar actos terroristas, sobre todo valiéndose de dicha red para su propaganda,

Decide que los Estados participantes intercambien información acerca de la utilización de Internet para fines terroristas y definan posibles estrategias para combatir esa amenaza, (…)

Bruselas 2006 (Decisión nº 7/06 relativa a la lucha contra la utilización de internet para fines terroristas.)

El Consejo Ministerial, (…)

Gravemente preocupado por el creciente recurso a Internet para fines terroristas conforme ya se indicó en la anterior decisión y en otras ocasiones, (…)

Reafirmando a este respecto la importancia de respetar plenamente la libertad de opinión y la libertad de expresión, que conllevan la libertad de buscar, recibir e impartir información, todos ellos factores clave para el funcionamiento de una democracia y que de hecho se ven reforzados por Internet (PC.DEC/633 de 11 de noviembre de 2004) y el Estado de derecho,

Consciente de que la resolución 1624 (2005) del Consejo de Seguridad de las Naciones Unidas pide a los Estados que adopten toda medida que sea necesaria y oportuna, de conformidad con sus obli- gaciones contraídas al respecto en el marco del derecho internacional, para proscribir toda incita- ción a cometer actos terroristas y para prevenir dichos actos,

Reiterando su compromiso asumido en el marco de la Estrategia mundial de las Naciones Unidas contra el terrorismo, en particular de “coordinar, a nivel regional e internacional, las actividades de lucha contra el terrorismo en todas sus formas y manifestaciones en Internet” y de “utilizar Inter- net como instrumento para luchar contra la propagación del terrorismo, reconociendo al mismo tiempo que los Estados tal vez necesiten asistencia a ese respecto”, (…)

Recordando el Convenio del Consejo de Europa contra los delitos cibernéticos (2001), que cons- 6 tituye el único instrumento multilateral jurídicamente vinculante contra los delitos cibernéticos y que sirve de marco legal común para la cooperación internacional entre los Estados Parte en dicho

397 6.4.5 Contra el empleo de internet al servicio del terrorismo

Convenio en su lucha contra los delitos cibernéticos, así como su Protocolo adicional concerniente a la penalización de todo acto racista o xenófobo que se cometa a través de un sistema informático,

Reconociendo el compromiso asumido en la Cumbre de los G8 (San Petersburgo, Federación de Rusia, 16 de julio de 2006) de contrarrestar eficazmente toda tentativa de aprovechar el espacio cibernético para fines terroristas, condenando en particular toda tentativa de cometer actos terro- ristas, de comunicar y planear dichos actos, y de reclutar y adiestrar terroristas, y tomando nota en particular de la función asignada a la Red 24/7 contra la Delincuencia Informática, creada por el G8 para la lucha contra todo acto delictivo en el espacio cibernético, (…)

Tomando nota de la diversidad de criterios utilizados en los países para definir el contenido “ile- gal” y “objetable” de estos actos y los diversos métodos utilizables para combatir todo contenido ilegal y reprobable de los mensajes que circulen en el espacio cibernético,

Preocupado por la serie ininterrumpida de actos de piratería informática que, aunque no sean terro- ristas, no deja de ser indicio de la pericia acumulada en dichas prácticas que pudiera ser utilizada para ataques terroristas contra sistemas informáticos, que perturben la labor de infraestructuras básicas o de instituciones financieras, así como el funcionamiento de redes de comunicación esenciales,

1. Decide intensificar la actuación en esta esfera de la OSCE y de sus Estados participantes, refor- zando en particular la cooperación internacional en orden a la lucha contra el empleo de Inter- net para fines terroristas;

2. Exhorta a los Estados participantes a que estudien la adopción de medidas adecuadas para prote- ger toda infraestructura o red de comunicación esencial contra la amenaza de ataques cibernéticos;

3. Exhorta a los Estados participantes a que estudien pasar a ser partes de los instrumentos inter- nacionales y regionales concernientes a estos delitos y a que cumplan sus obligaciones en ellos con- traídas, incluidos los convenios del Consejo de Europa sobre delitos cibernéticos (2001) y sobre prevención del terrorismo (2005);

4. Alienta a los Estados participantes a que se adhieran a la Red 24/7 del G8 contra la Delincuen- cia Informática y a que designen a una persona o unidad de contacto adecuada con esta red con miras a agilizar la cooperación policial internacional contra el empleo delictivo del espacio ciber- nético y en la instrucción de toda causa penal que requiera el empleo de pruebas electrónicas;

5. Exhorta a todos los Estados participantes a que, cuando hayan de ocuparse de algún conte- nido informático de índole ilegal alojado en su territorio y al que sea aplicable su derecho interno, adopten toda medida apropiada contra dicho contenido y cooperen con otros Estados interesa- dos, obrando de conformidad con su derecho interno, las normas de todo Estado de derecho y sus obligaciones internacionales, así como a la luz del derecho internacional aplicable en materia de derechos humanos;

6. Invita a los Estados participantes a que incrementen su vigilancia de todo sitio web utilizado por organizaciones terroristas o por grupos extremistas violentos, así como por sus partidarios y a que refuercen sus intercambios de información en el marco de la OSCE y de otros foros pertinentes acerca del empleo de Internet para fines terroristas y sobre las respuestas que se estén dando en el marco de su derecho interno, sin dejar de respetar las normas internacionales aplicables en mate- ria de derechos humanos y sus obligaciones al respecto, y sin dejar tampoco de velar por el res- peto de la intimidad, y de la libertad de opinión y de expresión, exigible en el marco de un Estado

398 6.5 Hacer frente a los riesgos del uso indebido de las tecnologías de la información y la comunicación (TIC)

de derecho. Debe evitarse toda duplicación de esfuerzos con las actividades en curso emprendi- das en otros foros internacionales;

7. Recomienda a los Estados participantes que exploren la posibilidad de involucrarse más activa- mente con las instituciones de la sociedad civil y del sector privado en la prevención y lucha con- tra el empleo de Internet para fines terroristas; (…)

9. Encarga al Secretario General que promueva, particularmente a través de la Red de la OSCE con- tra el Terrorismo, el intercambio de información sobre la amenaza que supone el empleo de Internet para fines terroristas, particularmente en orden a la incitación y planificación de actos terroristas y al reclutamiento y adiestramiento de personal y la recaudación de fondos para dichos actos, así como sobre toda medida legislativa y de otra índole que se adopte para combatir esta amenaza.

Madrid 2007 (Declaración Ministerial sobre el apoyo a la Estrategia global de las Naciones Unidas contra el Terrorismo) (…)

14. Los Estados participantes de la OSCE siguen muy preocupados por el empleo de Internet con fines terroristas, y seguirán intercambiando información acerca de ese problema y adoptarán otras medidas de conformidad con la Decisión n° 7/06 del Consejo Ministerial contra el empleo de Inter- net al servicio del terrorismo; (…)

Belgrado 2015 (Declaración ministerial sobre la prevención y la lucha contra el extremismo violento y la radicalización que conducen al terrorismo) (…)

6.5 Hacer frente a los riesgos del uso indebido de las tecnologías de la información y la comunicación (TIC)

Hamburgo 2016 (Decisión nº 5/16 relativa a los esfuerzos de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones) (…) 6 El Consejo Ministerial (…),

Reafirmando que los esfuerzos de los Estados participantes de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones serán

399 6.5 Hacer frente a los riesgos del uso indebido de las tecnologías de la información y la comunicación (TIC)

conformes al derecho internacional, incluidos, entre otros documentos, la Carta de las Nacio- nes Unidas y el Pacto Internacional de Derechos Civiles y Políticos; el Acta Final de Helsinki; así como a sus responsabilidades de respetar los derechos humanos y las libertades fundamentales, (…)

9. Acogiendo con agrado la resolución A/RES/70/237 de la Asamblea General de las Naciones Uni- das, y recalcando la importancia de los esfuerzos realizados por la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones que figu- ran en los informes presentados en 2010, 2013 y 2015 por el Grupo de expertos gubernamentales de las Naciones Unidas sobre los avances en la esfera de la información y las telecomunicaciones en el contexto de la seguridad internacional, (…)

10. Subraya que las nuevas actividades de la OSCE para reducir los riesgos de conflicto dimanan- tes del uso de las tecnologías de la información y las comunicaciones, incluidas las realizadas por las estructuras ejecutivas pertinentes, deberán basarse en los esfuerzos realizados por la OSCE, estar en consonancia con los respectivos mandatos y con los compromisos de la OSCE, comple- mentar los esfuerzos realizados por las Naciones Unidas y otros foros internacionales y regiona- les, y organizarse en el marco de los recursos disponibles;

Viena 2017 (Decisión nº 5/17 relativa al fortalecimiento de las iniciativas de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones)

El Consejo Ministerial (…),

Observando las enormes oportunidades que brindan las tecnologías de la información y las comu- nicaciones para el desarrollo social y económico, y que su importancia continúa aumentando para la comunidad internacional,

Reconociendo que los Estados participantes de la OSCE se benefician de un entorno abierto, seguro, estable, accesible y pacífico en lo que respecta a las tecnologías de la información y las comunicaciones,

Reafirmando que los esfuerzos de los Estados participantes de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones serán conformes al derecho internacional, incluidos, entre otros documentos, la Carta de las Nacio- nes Unidas y el Pacto Internacional de Derechos Civiles y Políticos; el Acta Final de Helsinki; así como a sus responsabilidades de respetar los derechos humanos y las libertades fundamentales,

Manifestando su preocupación ante el aumento de incidentes significativos en los que se utilizan malintencionadamente las tecnologías de la información y las comunicaciones, y subrayando que dichas tendencias negativas conllevan riesgos para la seguridad de todos los Estados participantes de la OSCE y sus ciudadanos, así como de los sectores público y privado (…),

Reconociendo la necesidad de seguir mejorando las iniciativas de la OSCE para continuar fomen- tando la confianza y para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones,

400 6.5 Hacer frente a los riesgos del uso indebido de las tecnologías de la información y la comunicación (TIC)

Decide:

1. Seguir aplicando todas las decisiones relativas a medidas de fomento de la confianza adoptadas por la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la infor- mación y las comunicaciones, con el fin de promover un entorno abierto, seguro, estable, accesi- ble y pacífico de las tecnologías de la información y las comunicaciones, en consonancia con los compromisos pertinentes de la OSCE;

2. Determinar las formas de reforzar y optimizar la labor de la OSCE en su calidad de plataforma práctica para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la infor- mación y las comunicaciones y, al mismo tiempo, proseguir con la labor del Grupo de Trabajo informal interdimensional establecido en virtud de la Decisión N° 1039 del Consejo Permanente;

3. Alentar a las estructuras ejecutivas de la OSCE a que, en el marco de sus mandatos y dentro de los recursos disponibles, ayuden a los Estados participantes que lo soliciten a aplicar las medidas de fomento de la confianza de la OSCE para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones, y a mejorar las capacidades y los pro- cesos nacionales que sean del caso;

4. Invitar a los Socios de la OSCE para la Cooperación a que mejoren el diálogo sobre las iniciati- vas para reducir los riesgos de conflicto dimanantes del uso de las tecnologías de la información y las comunicaciones.

Milán 2018 (Decisión nº 4/18 relativa a prevenir y combatir la violencia contra la mujer la mujer) (…)

Pide a los Estados participantes que: (…)

5. Tomen medidas para abordar la violencia, los abusos, las amenazas y el acoso dirigidos contra las mujeres, incluso a través de las tecnologías digitales;

401 7. Compromisos relativos al derecho humanitario internacional 7. Compromisos relativos al derecho humanitario internacional

Helsinki 1992 (Decisiones: VI. La Dimensión humana)

Los Estados participantes

(47) Recuerdan que el derecho humanitario internacional se basa en la dignidad inherente a la persona humana;

(48) Respetarán y garantizarán el respeto en cualquier circunstancia del derecho humanitario internacional, con inclusión de la protección de la población civil;

(49) Recuerdan que los que infringen el derecho humanitario internacional incurren en respon- sabilidad personal;

(50) Reconocen la función esencial del Comité Internacional de la Cruz Roja en el fomento de la aplicación y el desarrollo del derecho humanitario internacional, con inclusión de las Convencio- nes de Ginebra y sus Protocolos correspondientes;

(51) Reafirman su compromiso de conceder pleno apoyo al Comité Internacional de la Cruz Roja, así como a las Sociedades de la Cruz Roja y de la Media Luna Roja y a las organizaciones de las Naciones Unidas, especialmente en tiempos de conflicto bélico, y de respetar sus emblemas pro- tectores, evitar el uso indebido de esos emblemas y, en la forma que proceda, no escatimar esfuer- zos para garantizar el acceso a las zonas afectadas;

(52) Se comprometen a cumplir su deber de impartir enseñanza y difundir información sobre sus obligaciones con arreglo al derecho humanitario internacional.

Estocolmo 1992 (Decisiones: 2. La CSCE en tanto que Comunidad de Valores)

Roma 1993 (Decisiones: X. Declaración sobre el nacionalismo agresivo, el racismo, el chovinismo, la xenofobia y el antisemitismo)

403 7 7. Compromisos relativos al derecho humanitario internacional

Budapest 1994 (Decisiones: IV. Código de conducta sobre los aspectos político-militares de la seguridad)

Preámbulo

29. Los Estados participantes difundirán ampliamente en sus respectivos países el derecho huma- nitario internacional aplicable en caso de guerra. Recogerán en sus programas y reglamentos de enseñanza militar sus compromisos en esta esfera, de conformidad con la práctica nacional.

30. Cada Estado participante instruirá a sus fuerzas armadas sobre el derecho humanitario inter- nacional, convenios y compromisos humanitarios internacionales que regulan los conflictos arma- dos, y velará por que esas personas tengan conciencia de que, en virtud del derecho nacional e internacional, son responsables individualmente de sus actos.

31. Los Estados participantes velarán por que el personal de sus fuerzas armadas investido de mando ejerza su autoridad de conformidad con el derecho nacional e internacional pertinente y sepa que puede ser considerado personalmente responsable, en aplicación del mencionado dere- cho, del ejercicio ilícito de dicha autoridad, y que no debe dar órdenes contrarias al derecho nacio- nal e internacional. La responsabilidad de los superiores no exime a los subordinados de ninguna de sus responsabilidades individuales. (…)

34. Cada Estado participante velará por que sus fuerzas armadas estén, en la paz y en la guerra, mandadas, dotadas, adiestradas y equipadas de forma compatible con las disposiciones del derecho internacional y sus obligaciones y compromisos respectivos relativos a la utilización de las fuerzas armadas en los conflictos armados, incluidos, según proceda, los Convenios de La Haya de 1907 y 1954, los Convenios de Ginebra de 1949 y sus Protocolos Adicionales de 1977, así como la Con- vención de 1980 sobre la Utilización de Ciertas Armas Convencionales.

35. Cada Estado participante velará por que su política y doctrina de defensa corresponda al dere- cho internacional relativo a la utilización de las fuerzas armadas, inclusive en los conflictos arma- dos, y a los compromisos pertinentes del presente Código.

Budapest 1994 (Decisiones: VIII. La dimensión humana)

33. Los Estados participantes deploran profundamente la serie de flagrantes violaciones del dere- cho humanitario internacional ocurridas en la región de la CSCE en los últimos años y reafirman su compromiso de respetar y asegurar el respeto del derecho humanitario internacional general y, en particular, sus obligaciones de conformidad con los instrumentos internacionales pertinentes, incluidas las Convenciones de Ginebra de 1949 y sus Protocolos adicionales en los que son parte.

34. Subrayan el posible significado de una declaración sobre normas humanitarias mínimas aplicable en todas las situaciones y declaran su voluntad de participar activamente en sus preparativos dentro del marco de las Naciones Unidas. Se comprometen Asimismo a garantizar información y capaci- tación adecuada dentro de sus servicios militares en lo que respecta a las disposiciones de derecho humanitario internacional y consideran que debería hacerse asequible la información pertinente.

35. Valoran altamente el desarrollo de la cooperación entre la CSCE y el Comité Internacional de la Cruz Roja (CICR), en particular en el caso de las misiones de la CSCE, y acogen con satisfac- ción la buena disposición del CICR para incrementar su cooperación y se comprometen a seguir

404 7. Compromisos relativos al derecho humanitario internacional

ampliando su apoyo al CICR, especialmente mediante el fortalecimiento de los contactos ya esta- blecidos entre las misiones de la CSCE y las delegaciones del CICR sobre el terreno.

Estambul 1999 (Carta sobre la Seguridad Europea: III. Nuestra respuesta común)

22. Rechazamos cualquier política de limpieza étnica o expulsión masiva (...) A fin de mejorar la protección de las personas civiles en tiempos de conflicto buscaremos la manera de reforzar la apli- cación del derecho humanitario internacional.

Sofía 2004 (Declaración ministerial conmemorativa del sexagésimo aniversario del final de la Segunda Guerra Mundial)

(…) Condenamos toda forma de limpieza étnica. Confirmamos nuestra adhesión a la Convención de las Naciones Unidas para la Prevención y la Sanción del Crimen de Genocidio, que se aprobó el 9 de diciembre de 1948. Exhortamos a los Estados participantes a que adopten toda medida que sea posible para asegurarse de que se frutará toda nueva tentativa de genocidio actual o futura. Los autores de esos delitos deben ser llevados ante los tribunales.

Sofía 2004 (Decisiones: Anexo a la Decisión nº14/04; Plan de Acción 2004 de la OSCE para el Fomento de la Igualdad entre los Géneros) • Apoyen los esfuerzos nacionales e internacionales para llevar ante la justicia a todo autor de un delito contra la mujer que esté tipificado, por el derecho internacional, como crimen de guerra o como crimen contra la humanidad, (…)

Helsinki 2008 (Declaración Ministerial con motivo del 60º aniversario de la Convención para la Prevención y la Sanción del Delito de Genocidio)

Nosotros, los miembros del Consejo Ministerial de la OSCE, celebramos el 60° aniversario de la Convención para la Prevención y la Sanción del Delito de Genocidio, adoptada por la Asamblea General de las Naciones Unidas el 9 de diciembre de 1948 (denominada en lo sucesivo “Conven- ción” en la presente declaración). (…)

Reafirmamos la importancia de la Convención como importante instrumento internacional para la prevención y la sanción del delito de genocidio.

Apelamos a los Estados participantes que aún no lo hayan hecho a que consideren su adhesión a la Convención lo antes posible y se sumen al marco mundial de prevención y sanción del delito de genocidio. Apelamos también a los Estados Parte a que aumenten e intensifiquen sus actividades encaminadas al pleno cumplimiento de las obligaciones contraídas en virtud de la Convención.

Tomamos nota de que al adoptar la Convención, las Naciones Unidas reconocieron que el delito de genocidio era una lacra abominable que había infligido grandes pérdidas a la Humanidad, y tenían el convencimiento de que era necesaria la cooperación internacional para conseguir una pronta prevención y sanción del delito de genocidio.

Reconocemos que el genocidio es uno de los delitos más graves tipificados por el derecho interna- cional, que ha recibido la condena unánime de la comunidad internacional en su totalidad, y que nunca podrá ser justificado.

405 7 Índice

A comunicaciones electrónicas, protección de 170 Alto Comisionado para las Minorías Nacio- nales (ACMN) XX, 14, 35, 55, 58, 64, 187, conciencia, objeción de 142 – véase también 188, 194, 203, 285, 365 – véase también libertad de pensamiento, conciencia, minorías nacionales religión o creencia

Alto Comisionado para las Minorķas condenas alternativas 114, 123 Nacionales (ACMN) 260 Consejo de Europa, cooperación con XX, 13, antisemitismo XX, 52, 56, 59, 73, 147, 187, 37, 38, 39, 46, 50, 58, 73, 185, 203, 263, 301, 197, 214, 258, 259, 262, 263, 264, 265, 268, 309, 311, 354 271, 273, 278, 279, 281, 284, 287, 292 – véase contacto entre personas 162, 194 también tolerancia y no discriminación convenciones y protocolos de las Naciones antiterrorismo – véase terrorismo Unidas – véase entradas pertinentes sobre aplicación – véase obligación de aplicar esta cuestión

arresto arbitrario XIV, 122, 129, 137, 158 Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Asamblea Parlamentaria de la OSCE 265, Fundamentales 128 306, 307 Convenio Europeo sobre Derechos Humanos 12 asilo derecho de 345 Convenios de Ginebra de 1949 134, 404 peticionarios de 262, 263 correspondencia, protección de 170 asimilación (de minorías nacionales contra su corrupción voluntad) 145, 148, 151, 191 en general 101, 115, 119, 240, 256, 258, 377 asociación, libertad de 147, 175, 197 Convención de las Naciones Unidas contra la Corrupción 102, 104, 106, 374 autodeterminación, derecho a la 85 creatividad cultural 161 – véase también derechos culturales/patrimonio cultural C creencia, libertad de – véase libertad Carta de las Naciones Unidas 4, 6, 10, 85, de pensamiento, conciencia, religión 124, 184, 269, 362, 364, 368, 378, 380, 383, o creencia 400 crimen organizado – véase delincuencia chovinismo 52, 259, 260 organizada ciudadanía – véase nacionalidad/ciudadanía Código de conducta sobre los aspectos D político-militares de la seguridad 98, 119, datos, protección de 200, 235, 236, 281, 302, 142, 240, 363, 394, 404 340, 342, 392 compensación, derecho a 123, 138, 171

406 Índice

Declaración Universal de Derechos derecho internacional Humanos 12, 89, 128, 131, 149, 323 en general 85, 273, 383, 384 obligaciones internacionales 124 defensores de los derechos humanos 30, 53, 139, 250 derecho internacional humanitario en general XI, 136, 273, 378, 383, 384, 403 delincuencia organizada Convenios de Ginebra de 1949 134, 404 en general 63, 73, 113, 118, 121, 352, 369, 394 derechos civiles y políticos Convención de las Naciones Unidas en general 127, 172 contra la Delincuencia Organizada Pacto Internacional de Derechos Civiles Transnacional 300, 308, 309, 315, 320, y Políticos XVII, 12, 111, 127, 128, 149, 323, 332, 343, 354, 356, 357, 366, 373, 395 172 delitos de odio XX, 59, 197, 217, 263, 264, derechos culturales/patrimonio cultural 265, 270, 277, 281, 292 – véase también en general IX, 171, 176, 191, 283, 388 tolerancia y no discriminación libertad de expresión cultural o artística 161, 227 democracia – véase también elecciones Pacto Internacional de Derechos en general IX, XIV, XV, 4, 5, 87, 91, 110, 114, Económicos, Sociales y Culturales 111, 115, 261, 283 172 derecho a la participación efectiva en los vida intelectual y cultural 96 asuntos pśblicos 252 derecho a la participación efectiva en los derechos de los trabajadores 174 asuntos públicos 189, 204 derechos de propiedad – véase también instituciones democráticas XVI, 4, 5, 94 propiedad intelectual pluralismo político 87, 112, 148, 175, 183 derechos económicos y sociales depuración étnica 221, 222, 260 – véase en general 4, 48, 171, 173, 211, 224, 225, también tolerancia y no discriminación 227, 254 derecho a conocer sus derechos XIII Pacto Internacional de Derechos Económicos, Sociales y Culturales 111, derecho a la compensación 123, 138, 171 172 derecho a la educación 179 – véase también derogaciones 79 educación destierro arbitrario 122, 137 – véase también derecho a la libre determinación 85 arresto arbitrario derecho a la nacionalidad 170, 186 detención arbitraria 122, 129, 137, 158 derecho a la participación efectiva en los – véase también arresto arbitrario asuntos pśblicos 252 discapacidad, personas con 179, 231, 257 derecho a la participación efectiva en los discriminación 47, 53, 69, 75, 199, 214, 258, asuntos públicos 189, 204 – véase también 261, 262, 264, 265, 269, 271, 275, 279, 287, democracia 289, 365 – véase también tolerancia y no derecho a la vida 127 discriminación derecho a medidas reparadoras eficaces 140 domicilio, protección de 170 derecho a un juicio justo 114, 138 derecho de asilo 345 E derecho de autor 150, 151, 155 – véase educación también propiedad intelectual en general 163, 172, 191, 207, 225, 227, 313 acceso a 70, 179, 208, 312 derecho de reunión pacífica 147

407 Índice

capacitación para electores 54 F derecho a 179 en derechos humanos 11 familias relativa a la trata de seres humanos 325 respeto por la vida privada y familiar 170 – véase también trata de personas reunificación familiar 162, 225 en la tolerancia 264, 268, 288, 292, formación profesional 180, 212, 225, 231, 239, 391 – véase también tolerancia y no 257, 276, 278, 312 discriminación educación religiosa – véase libertad de pensa- G miento, conciencia, religión o creencia género, cuestiones de género elecciones 186 Convención sobre la eliminación de todas en general XI, 44, 59, 63, 90, 115 las formas de discriminación contra la capacitación para electores 54 mujer 247, 250, 253, 299 emergencia pública, derogaciones durante 79 explotación sexual 298 igualdad de derechos/oportunidades entre empleo 48, 172, 212, 225, 254, 255, 313 hombres y mujeres 59, 70, 96, 115, 121, encarcelación arbitraria – véase arresto 207, 247, 325 arbitrario perspectiva de género XX, 249, 390, 391 Plan de Acción para el Fomento de la Estado de Derecho XI, XIV, XV, XVI, 4, 5, 89, Igualdad entre los Géneros 70, 74, 223, 110, 140, 141, 184, 242, 282, 283, 379, 382 249, 252, 298, 405 estado de emergencia pública, derogaciones protección contra todas las formas de durante 79 violencia 298 violencia de género contra las mujeres y las expansionismo territorial 52, 259 – véase niñas 133, 298 también tolerancia y no discriminación genocidio explotación laboral – véase trata de personas en general 405 explotación sexual – véase también trata de Convención de las Naciones Unidas para la personas Prevención y la Sanción del Crimen de en general 298 Genocidio 264, 273, 289, 291, 405 de los niños 233, 236, 328, 340 expresión cultural o artística, libertad de 161, H 227 – véase también derechos culturales/ patrimonio cultural Holocausto 57, 59, 208, 264, 272, 287, 289, 291, 293 expulsión en masa 221, 260 – véase también tolerancia y no discriminación huelga, derecho de 148, 175 – véase también libertad de asociación extremismo 4, 261, 262, 264, 365 – véase también tolerancia y no discriminación I extremismo violento en general 262, 266, 274, 288 igualdad de derechos/oportunidades entre y la radicalización que conducen al hombres y mujeres – véase también género, terrorismo 29, 178, 238, 243, 269, 272, cuestiones de género 296, 379, 387, 390, 391, 393, 399 en general 59, 70, 96, 115, 121, 207, 247, 325 Plan de Acción para el Fomento de la Igualdad entre los Géneros 70, 74, 223, 249, 252, 298, 405

408 Índice

imparcialidad – véase judicatura, indepen- L dencia de la libertad de asociación 147, 175, 197 inaplicabilidad del principio de no interven- ción XVI libertad de expresión cultural o artística 161, 227 – véase también derechos culturales/ independencia de la judicatura y de la profe- patrimonio cultural sión jurídica 115, 138 libertad de expresión, información y medios indígenas – véase poblaciones indígenas de comunicación libres información en general 115, 149, 194, 283 libertad de – véase libertad de expresión, condiciones de trabajo de los información y medios de comunicación periodistas 71, 75, 151 libres fomento de la tolerancia y la libertad de los tecnologías de la información y las medios informativos en Internet 74, 264 comunicaciones (TIC) 329, 399 libertad de información – véase libertad inocencia, presunción de – véase derecho de expresión, información y medios de a un juicio justo comunicación libres

instituciones democráticas XVI, 4, 5, 94 libertad de los medios de comunicación – véase libertad de expresión, información instituciones nacionales 53, 135 y medios de comunicación libres; libertad integridad territorial de los estados XIV, 85, 184 de prensa/medios de comunicación libres

Internet libertad de movimiento 162, 225 – véase y los delitos de odio 270 también migración fomento de la tolerancia y la libertad de los libertad de pensamiento, conciencia, religión medios informativos en Internet 74, 264, o creencia 276, 287, 294 en general 57, 143, 191, 263, 264, 266, 271, lucha contra el empleo de Internet al 283 servicio del terrorismo 294, 397 objeción de conciencia 142 lucha contra la explotación sexual de los niños en Internet 236 libertad de prensa/medios de comunicación libres Islamofobia – véase musulmanes, intolerancia en general 296 contra; tolerancia y no discriminación condiciones de trabajo de los periodis- tas 71, 75, 151 derecho a conocer sus derechos XIII J Representante para la Libertad de los jóvenes 109, 179, 207, 211, 213, 237–239, 257, Medios de Comunicación (RLMC) XX, 292, 388, 390, 391, 393 35, 53, 55, 58, 62, 69, 71, 157, 160, 194, 203, 260, 285, 365 judicatura, independencia de la 115, 138 libre determinación, derecho a la 85 juicio justo, derecho a 114, 138 limpieza étnica 260, 264 – véase también justicia penal 112, 120, 123, 124, 139, 237, tolerancia y no discriminación 242, 323, 337, 349 lucha contra el racismo – véase racismo justicia social 4 lucha contra el terrorismo – véase terrorismo lucha contra la corrupción – véase corrupción lucha contra la delincuencia organizada – véase delincuencia organizada

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lucha contra la discriminación – véase movimiento, libertad de 162, 225 – véase discriminación; tolerancia y no también migración discriminación mujeres – véase también género, cuestiones lucha contra la trata de seres humanos – véase de género trata de personas en general 179, 211, 312, 388, 390 Convención sobre la eliminación de todas lucha contra los delitos de odio – véase delitos las formas de discriminación contra la de odio mujer 247, 250, 253, 299 igualdad de derechos/oportunidades entre M hombres y mujeres 59, 70, 96, 115, 121, 207, 247, 325 manifestación, derecho de – véase reunión Plan de Acción para el Fomento de la pacífica, derecho de Igualdad entre los Géneros 70, 74, 223, Mecanismo de Moscú XVIII, 18 249, 252, 298, 405 Protocolo de las Naciones Unidas para Mecanismo de Viena XVIII, 17 prevenir, reprimir y sancionar la trata mecanismos de la dimensión humana de personas, especialmente mujeres en general XVIII y niños 308, 315, 318, 320 Comité de la Dimensión Humana 15 trata de mujeres y niños 308, 309, 315 Mecanismo de Moscú XVIII, 18 violencia contra la mujer 340, 350, 401 Mecanismo de Viena XVIII, 17 violencia contra las mujeres y las otros mecanismos 24 niñas 133, 256, 298 Red contra el Terrorismo (RCT) 23, 371, multiculturalismo 73, 260, 285, 365 – véase 399 también tolerancia y no discriminación medidas reparadoras eficaces, derecho a 140 musulmanes, intolerancia contra XX, 56, 147, medios de comunicación libres – véase 265, 268, 289 – véase también tolerancia libertad de expresión, información y no discriminación y medios de comunicación libres; libertad de prensa/medios de comunicación libres N migración en general X, XIV, 223, 229, 230, 264, 269, nacionalidad/ciudadanía 170, 186 287, 289 nacionalismo agresivo 73, 259, 260, 262, 268, de trabajadores – véase trabajadores 274, 284 – véase también tolerancia y no migrantes discriminación libertad de movimiento 162, 225 – véase Naciones Unidas, cooperación con 9, 184, también asilo; personas desplazadas; 263, 301, 309, 311, 359, 360, 362, 365, 391 refugiados niños minorías nacionales en general 213, 232 en general XI, 4, 5, 145, 179, 183 Convención de las Naciones Unidas sobre Alto Comisionado para las Minorías los Derechos del Niño 326 Nacionales (ACMN) XX, 14, 35, 55, 58, educación de 207, 211, 225 64, 187, 188, 194, 203, 285, 365 explotación sexual de 233, 236, 328, 340 asimilación contra su voluntad 145, 148, Protocolo de las Naciones Unidas para 151, 191 prevenir, reprimir y sancionar la trata minorķas nacionales de personas, especialmente mujeres en general 246, 261, 268 y niños 308, 315, 318, 320 Alto Comisionado para las Minorķas Nacionales (ACMN) 260

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Protocolo Facultativo de la Convención P sobre los Derechos del Niño, sobre la venta de niños, la prostitución Pacto Internacional de Derechos Civiles infantil y la utilización de niños en la y Políticos pornografía 300, 308, 315 en general XVII, 111, 149, 172 trata de 233, 237, 308, 309, 315, 328, 330, Artículo 6 128 340, 351, 359 Protocolo Facultativo 12, 172 violencia contra las mujeres y las Segundo Protocolo Facultativo 127 niñas 133, 298 Pacto Internacional de Derechos Económicos, no discriminación – véase tolerancia y no Sociales y Culturales 111, 172 discriminación Pactos Internacionales de Derechos Huma- no intervención, inaplicabilidad del principio nos 12 de XVI partidos políticos 196 – véase también aso- ciación, libertad de O patrimonio cultural – véase derechos cultura- les/patrimonio cultural objeción de conciencia 142 – véase también libertad de pensamiento, conciencia, reli- patrimonio, derechos humanos como IX, XVII gión o creencia patriotería 73 obligación de aplicar patrioterismo 262, 274 derogaciones durante un estado de emer- gencia pública 79 pena degradante – véase tortura y tratos en general 9 o penas crueles, inhumanas o degradantes obligación del estado – véase obligación de pena de muerte 122, 127, 133, 243 aplicar penas sustitutorias – véase condenas obligaciones internacionales 124 alternativas Oficina pro Elecciones Libres XIX, 91, pensamiento, liberta de – véase libertad de 186 – véase también OIDDH, Oficina de pensamiento, conciencia, religión o creen- Instituciones Democráticas y Derechos cia Humanos periodistas OIDDH, Oficina de Instituciones derecho de autor 155 Democráticas y Derechos Humanos libertad de los medios de comunicación en general X, XVIII, XIX, 10, 13, 21, 33, 35, y condiciones de trabajo de 71, 75, 151 91, 93, 145, 198, 203, 210, 222, 229, 260, persecución 214, 223, 258, 298, 340, 263, 268, 272, 275, 279, 280, 281, 285, 380 – véase también tolerancia y no 288, 289, 292, 302, 309, 343, 346, 357, 365 discriminación Punto de Contacto para las cuestiones relativas a los romaníes y sintis personas apátridas 220 – véase también (CPRSI) XX, 46, 48, 50, 51, 69, 74, 201 nacionalidad/ciudadanía

ONG, organizaciones no personas apįtridas 268 gubernamentales XVIII, 26, 30, 50, 55, 76, personas desplazadas – véase también asilo; 100, 196, 221, 235, 264, 265, 301, 315, 321, migración; refugiados 322, 334, 343, 344, 348 – véase también en general 220 sociedad civil Principios Rectores de las Naciones Unidas para las personas internamente desplazadas 222, 263

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pluralismo político 87, 112, 148, 175, 183 R – véase también democracia racismo 287 – véase también tolerancia y no poblaciones indígenas 220 discriminación práctica psiquiátrica y otras prácticas en general XX, 47, 52, 53, 69, 73, 199, 214, médicas, arbitrarias 122, 128 – véase 228, 259, 260, 262–265, 268, 274, 275, también tortura y tratos o penas crueles, 279, 284 inhumanas o degradantes Convención Internacional sobre la Elimi- nación de todas las Formas de Discrimi- prácticas médicas, arbitrarias 122, 128 nación Racial 273, 275 – véase también tortura y tratos o penas crueles, inhumanas o degradantes radicalización – véase terrorismo

prensa, libertad de – véase libertad de prensa/ reclutamiento obligatorio – véase servicio medios de comunicación libres armado obligatorio

presunción de inocencia – véase derecho a un refugiados – véase también migración juicio justo en general XIV, 263, 268, 378, 384 Convención sobre el Estatuto de los Refu- principio de no intervención, inaplicabilidad giados 222, 366, 386 del XVI no debe ser reexpedido 345 prisión religión, libertad de – véase libertad de Código de conducta de las Naciones pensamiento, conciencia, religión Unidas para funcionarios encargados de o creencia hacer cumplir la ley 122, 128, 241 reforma penitenciaria 63, 117 reparación, forma efectiva de 140 Reglas Mínimas de las Naciones Unidas Representante Especial para la Lucha contra para el Tratamiento de los Reclusos 122, la Trata de Personas 75, 311, 319 – véase 128 también trata de personas Reglas Mķnimas de las Naciones Unidas para el Tratamiento de los Reclusos 241 Representante para la Libertad de los Medios tratamiento de reclusos, derechos de los de Comunicación (RLMC) XX, 35, 53, 55, reclusos 122, 128, 241 – véase también 58, 62, 69, 71, 157, 160, 194, 203, 260, 285, tortura y tratos o penas crueles, 365 – véase también libertad de expresión, inhumanas o degradantes información y medios de comunicación libres profesión jurídica, independencia de la 115, 138 residencia, libertad de – véase libertad de movimiento propiedad intelectual 150, 151, 162, 171 restricciones legítimas 79 – véase también propiedad privada 171 derogaciones prostitución 233, 298, 300 – véase también retornados 220 – véase también migración género, cuestiones de género reunificación familiar 162, 225 protección de datos 200, 235, 236, 281, 302, 340, 342, 392 reunión pacífica, derecho de 147

Punto de Contacto para las cuestiones romaníes y sinti relativas a los romaníes y sintis en general XX, 49, 54, 70, 187, 198, 258 (CPRSI) 46, 48, 50, 51, 69, 74, 201 Plan de Acción para Mejorar la Situación de la Población Romaní y Sinti en el Área de la OSCE 53, 58, 69, 74, 198, 201, 202, 203, 206, 207, 208, 212, 217, 218, 274

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Punto de Contacto para las cuestiones Red contra el Terrorismo (RCT) 23, 371, relativas a los romaníes y sintis 399 (CPRSI) XX, 46, 48, 50, 51, 69, 74, 201 Unidad de Acción contra el Terrorismo de la OSCE (UAT) 23

S tolerancia y no discriminación en general XI, XIV, XX, 52, 73, 74, 99, 144, salud 49, 53, 213, 242 145, 147, 183, 198, 222, 227, 228, 248, Segundo Protocolo Facultativo del Pacto 259, 261, 263–265, 267, 275–277, 279, Internacional de Derechos Civiles 286–288, 291, 293, 296, 365, 379 y Políticos 127 Convención Internacional sobre la Eliminación de todas las Formas de seguridad social 163, 172, 225, 227, 313 Discriminación Racial 273, 275 separación de poderes – véase democracia Convención sobre la eliminación de todas las formas de discriminación contra la servicio alternativo 142, 240 mujer 247, 250, 253, 299 servicio armado obligatorio 233, 240 educación en 264, 268, 288, 292, 391 fomento de la tolerancia y la libertad de los servicio nacional de consulta (NRM) 344, medios informativos en Internet 74, 264, 346 276, 287, 294 Sexto Protocolo del Convenio Europeo para tortura y tratos o penas crueles, inhumanas la Protección de los Derechos Humanos o degradantes y de las Libertades Fundamentales 128 en general 122, 128, 158, 243, 307 sindicatos 175, 196, 227 – véase también Comité de las Naciones Unidas contra la asociación, libertad de Tortura 129 Convención de las Naciones Unidas sociedad civil XI, 115, 262, 268, 301, 307, 348, contra la Tortura y Otros Tratos o Penas 388, 391 Crueles, Inhumanos o Degradantes 122, 128, 129, 130, 131 T Convención Europea para la Prevención de la Tortura y el Trato o los Castigos tecnologías de la información y las comunica- Inhumanos o Degradantes 130 ciones (TIC) 329, 399 Relator Especial sobre la Tortura y otros terrorismo Tratos y Castigos Crueles, Inhumanos en general XIX, 63, 64, 73, 103, 119, 256, y Degradantes 130 260, 261, 266, 285, 288, 293, 361, 382, trabajadores, derechos de 87, 174 385, 390, 394 Carta para la Prevención y Lucha contra el trabajadores migrantes – véase también Terrorismo 368, 383, 387, 394 migración Convención de las Naciones Unidas para en general 224, 262, 263, 265, 287 la supresión de la financiación del Protocolo contra el tráfico ilícito de terrorismo 386 migrantes por tierra, mar y aire de las lucha contra el empleo de Internet al Naciones Unidas 310 servicio del 294, 397 trabajo, condiciones de lucha contra el extremismo violento y la en general 227 radicalización que conducen al 29, 178, de los periodistas 71, 75, 151 238, 243, 269, 272, 296, 379, 387, 390, 391, 393, 399 trabajo forzoso 87, 148, 175, 314, 318, 319, 328 Plan de Acción de Bucarest para la Lucha – véase también trata de personas contra el Terrorismo 63, 73, 222, 260, tráfico de seres humanos – véase trata de 285, 364, 383, 386, 394 personas

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trata de personas U en general 61, 75, 175, 233, 236, 255, 300, 308, 335, 337, 339, 340, 342, 347, 351, 352, Unión Europea, cooperación con 203, 263, 369 301, 309, 311, 365 Convención de las Naciones Unidas universalidad de los derechos humanos 3 contra la Delincuencia Organizada Transnacional 300 Plan de Acción contra la Trata de V Personas 61, 76, 311, 315–317, 322, 323, vida, derecho a la 127 325, 326, 329, 332, 337, 341, 343, 347, 348 Protocolo de las Naciones Unidas contra vida intelectual y cultural 96 el tráfico ilícito de migrantes por tierra, vida privada y familiar, respeto por 170 mar y aire 310 Protocolo de las Naciones Unidas para vida pśblica y polķtica, derecho a la prevenir, reprimir y sancionar la trata participación efectiva en 252 de personas, especialmente mujeres vida pública y política, derecho a la y niños 308, 315, 318, 320, 323 participación efectiva en 189, 204 Representante Especial para la Lucha contra la Trata de Personas 75, 311, 319, violencia – véase también terrorismo 328 contra minorías – véase tolerancia y no servicios nacionales de consulta discriminación (NRM) 344, 346 contra la mujer 340, 350, 401 trata de mujeres y niños 308, 309, 315 contra las mujeres y las niñas 133, 256, 298 trata de niños 233, 237, 328, 330, 340, 351, extremismo violento 262, 266, 274, 288 359 extremismo violento y la radicalización que conducen al terrorismo 29, 178, 238, tratamiento de reclusos, derechos de los 243, 269, 272, 296, 379, 387, 390, 391, reclusos 393, 399 en general 122, 128 protección contra todas las formas de 298 Reglas Mínimas de las Naciones Unidas para el Tratamiento de los Reclusos 122, vivienda y condiciones de vida 48, 172, 212, 128 227

trato degradante – véase tortura y tratos o penas crueles, inhumanas o degradantes X tribunal, independencia de la – véase xenofobia 52, 56, 73, 187, 197, 214, 227, 228, judicatura, independencia de la 258, 259, 260, 262–264, 268, 269, 274, 275, 279, 284, 287, 289 – véase también tolerancia y no discriminación

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Informations clés

Organisation Organisation pour la sécurité et la coopération en Europe (OSCE)

Type de document book

Date d'adoption 27 avril 2023

Source OSCE