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 STATE 00159369 002 OF 003 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 STATE 00159369 003 OF 003 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. RICE