OSCE: DRAFT MINISTERIAL DECISION ON STRENGTHENING

UNCLAS SECTION 01 OF 03 STATE 159369

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: OSCE PHUM
SUBJECT: OSCE: DRAFT MINISTERIAL DECISION ON STRENGTHENING
OSCE ENGAGEMENT WITH HUMAN RIGHTS DEFENDERS

REF: USOSCE 437


1. (U) USOSCE is authorized to join consensus, with proposed
changes as noted in paragraph 2, on the following draft
decision, MC.DD/8/07/Rev.3, which is scheduled to be
discussed at the Prep Com this week. Post should seek all of
the changes in paragraph 2, but should not break consensus on
the decision should these changes not be attainable.


2. (SBU) Proposed changes to text:

- preambular para 4: insert a full stop after "human rights
and fundamental freedoms" and delete "of peoples and
individuals" as human rights and fundamental freedoms pertain
only to individuals, not collectives.

- preambular paragraph 6 - add "in a peaceful manner" to the
end.

- preambular paragraph 9 - delete the word "norms."

- operative paragraph 2(i) - change "adequate redress" to "an
effective remedy."

- attempt to keep bracketed text in operative paragraph 3,
recognizing that is likely that it will be removed.

- OP2(a): replace &No interference is to be made with
individuals, rights8 with &Individuals should be
permitted8

- OP2(b) replace &NO interference is to be made with the
right of individuals, groups, and NGOs to8 with
&Individuals, groups, and NGOs can8

- OP2(c):
- Insert &While acknowledging governments, authority to
regulate entities within their territory to promote the
public welfare8
- replace &Any law8 with &any law.8
- replace &civil society8 with &NGOs8
- delete &nor any violations thereof8

OP2(g): replace &There is no interference8 with
&Governments do not interfere8

OP2(h),propose inserting &on freedom of expression and
assembly8 after &limitations8; otherwise this paragraph
could be read as applying to any limitations.



3. (U) Begin Text

The Ministerial Council,

(1.) Reiterating that universally recognized human rights and
fundamental freedoms are the birthright of all human beings,
are inalienable and are guaranteed by law; that their
protection and promotion is a prime responsibility and duty
of the State and the recognition of and respect for them
constitute the foundation of freedom, justice and peace,

(2.) Reiterating that all human rights and fundamental
freedoms are universal, indivisible, inter-dependent and
inter-related and should be promoted and implemented in a
fair and equitable manner, without prejudice to the
implementation of each of those rights and freedoms,

(3.) Recalling and reaffirming the important role of civil
society and non-governmental organizations in our societies
as recognized in the 1975 Helsinki Final Act and expressing
appreciation for the contribution of civil society to the
promotion and implementation of OSCE principles, standards,
commitments and values,

(4.) Recalling the important role of international
co-operation for and the valuable work of individuals, groups
and associations in contributing to the effective elimination
of all violations of human rights and fundamental freedoms of
peoples and individuals,

(5.) Acknowledging that human rights defenders are
individuals, groups, organizations and associations that
promote and protect human rights and fundamental freedoms in
a peaceful manner, recognizing the need to safeguard the
rights of those promoting human rights and that human rights
defenders are entitled to equal protection of the law, and

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acknowledging that the provisions of this decision will not
be applied to those individuals, groups, organizations and
associations which resort to the use of violence or publicly
condone terrorism or the use of violence,

(6.) Reaffirming the commitments of the participating States
to effectively ensure the rights of individuals to know and
act upon their human rights and fundamental freedoms and
their right to form, join and participate effectively in
groups, organizations and associations which seek the
promotion and protection of human rights and fundamental
freedoms,

(7.) Recognizing that human rights defenders and independent
national human rights institutions play a vital role in the
promotion of human rights, democracy and the rule of law and
that human rights and fundamental freedoms are best respected
where citizens are able to hold their governments accountable,

(8.) Acknowledging the value of involvement by human rights
defenders and independent national human rights institutions
in monitoring the observance of human rights and fundamental
freedoms, supporting victims of human rights violations,
furthering access to justice, securing accountability and
combating impunity, encouraging good governance and
government policy including through criticism, providing
human rights education and training and promoting the
implementation of human rights obligations and commitments,
thus enhancing long-term stability, security and democracy,

(9.) Commending the contribution of human rights defenders
and independent national human rights institutions to the
promotion of OSCE principles, norms and commitments as
recognized in the Helsinki Final Act (1975),the Vienna
Concluding Document (1989),the Copenhagen Document and
Charter of Paris (1990),the Moscow Document (1991),the
Helsinki Document (1992) and the Istanbul Charter for
European Security (1999),

(10.) Reiterating the support of the participating States for
the United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society
to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms and noting the 1991 Paris Principles
relating to the status and functioning of independent
national institutions for the protection and promotion of
human rights,

(11.) Recalling the right to freedom of expression, peaceful
assembly and association enshrined in the United Nations
Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights and the United Nations
Declaration on Human Rights Defenders,

(12.) Recalling the contributions and recommendations of the
Supplementary Human Dimension Meeting on Human Rights
Defenders and National Human Rights Institutions:
Legislative, State and Non-State Aspects (30 and 31 March
2006),and the contributions and recommendations of the
Supplementary Human Dimension Meeting on Freedom of Assembly,
Association, and Expression (29 and 30 March 2007),

(13.) Recalling the OSCE Parliamentary Assembly's support for
a stronger OSCE engagement with human rights defenders and
national human rights institutions as expressed at its
Sixteenth Annual Session in July 2007 in the Kiev Declaration,


1. Encourages the participating States to establish or, where
they already exist, to strengthen independent national
institutions for the promotion and protection of human
rights, noting within that context the Paris Principles;


2. Calls upon the participating States to ensure that:

(a) There is no interference with the right of individuals to
form, join and participate in groups, organizations and
associations of their choosing in the exercise of the right
to freedom of expression, peaceful assembly and association;

(b) There is no interference with the right of human rights
defenders to carry out their peaceful human rights work in a
environment free from fear of harassment, reprisal,
intimidation and discrimination; and that human rights
defenders are free to peacefully support the promotion,
protection and realization of human rights at the local, the
national and international levels;

(c) Any law or administrative measure concerning civil
society facilitates and does not impede, the peaceful
operation of NGOs and is enforced in an apolitical, fair,
timely, affordable, transparent and consistent manner; and
that neither any registration procedure nor any violations

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thereof impedes the freedom of expression, assembly or
association enjoyed by human rights defenders;

(d) Criminal and civil legal actions brought by governments
against human rights defenders, like those brought against
all individuals and organizations, are based on tenets of due
process and equality before the law;

(e) Human rights defenders are permitted to seek, receive,
manage and administer for their peaceful human rights
activities financial support from domestic, foreign and
international entities, as provided for by law;

(f) Human rights defenders are free to seek, receive and
impart information and ideas, including advocating their
opinions to governments and the public within and outside
their countries in which they are based;

(g) There is no interference with access to domestic and
foreign based media of human rights defenders;

(h) Human rights defenders shall be subject only to such
limitations as are in accordance with applicable
international obligations and are determined by law solely
for the purpose of securing due recognition and respect for
the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general
welfare in a democratic society;

(i) Human rights defenders are free to maintain contact and
co-operate with their own members and other elements of civil
society within and outside the countries where they are
based, as well as with governments and international bodies;

(j) Whenever violations of human rights and fundamental
freedoms have occurred or are reported to have occurred,
governments conduct prompt and impartial investigations,
leading to adequate redress in accordance with law;

(k) Governments undertake all efforts to ensure, protect and
respect the right to freedom of expression, recognizing the
contribution that journalists and other media professionals
can make to the defence of human rights;


3. Calls on participating States to seek to provide
opportunities for increased participation by human rights
defenders and independent national human rights institutions
in the activities of the OSCE, including OSCE meetings, (and
through that being able to observe the meetings of the
Permanent Council),thus building onto the Charter of Paris
for a New Europe (1990),the Moscow Document (1991) and
Chapter IV of the Helsinki Concluding Document (1992),in
accordance with the conditions stipulated by the relevant
provisions of the Rules of Procedure of the OSCE, and to
promote the exchange
of views between NGOs and representatives of the Permanent
Council;


4. Invites forthcoming OSCE Chairmanships-in-Office and OSCE
executive structures, within their existing mandates, to
continue to work with human rights defenders and independent
national human rights institutions throughout the OSCE region
so as to further strengthen their capacity and promote
dialogue between them and with participating States and to
promote their involvement in the work of the OSCE.

End text.
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