NGO Law Monitor: Organization for Security and Cooperation in Europe
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Last updated 25 April 2012
Introduction
The Organization for Security and Cooperation in Europe (OSCE) is the largest regional security organization in the world, with 56 members in Europe, North America and Central Asia. The organization focuses on early-warning preparation, conflict prevention, crisis management and post-conflict rehabilitation.
The Chairman-in-Office is the overarching political leader of the organization and is selected on an annual basis from the member states. The OSCE priorities are defined at the OSCE Summits by government officials from the member states. Between Summits, the permanent decision-making bodies of the OSCE include the OSCE Ministerial Council and the OSCE Permanent Council. The Ministerial Council convenes once a year and consists of the Ministers of Foreign Affairs of the member states. The Permanent Council is made up of delegates from the 56 member states who hold weekly meetings to discuss developments in the OSCE area and make immediate decisions.
A number of offices implement the OSCE mission, including the Office for Democratic Institutions and Human Rights (ODIHR), the High Commissioner on National Minorities (HCNM), and the OSCE Representative on Freedom of Media. The OSCE Secretariat under the Secretary General is located in Vienna and provides operational support to the organization. The Secretariat consists of a number of units, such as Action against Terrorism Unit, Conflict Prevention Centre, External Co-operation, Gender Section, Office of the Co-ordinator of OSCE Economic and Environmental Activities, Office of the Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Strategic Police Matters Unit, and Training Section. In addition, OSCE operates through 18 field missions in South-Eastern Europe, Eastern Europe, Central Asia, and the South Caucasus, with each mission operating under its own mandate.
Additionally, the Office for Democratic Institutions and Human Rights (ODIHR) is responsible for the democratic and human rights aspect of OSCE’s work through observing elections, monitoring the human rights situation in the region and organizing an annual Human Dimension Implementation Meeting (HDIM), which is Europe’s largest human rights conference. The Human Dimension Implementation Meeting is complemented by three annual informal Supplementary Human Dimension Implementation Meetings. The currently established human rights priorities for the OSCE are freedom of movement, freedom of religion, and preventing torture and trafficking in persons.
Key Facts
| Headquarters | Vienna, Austria (Secretariat) |
| Members | 56 |
| Established | 1995 (as OSCE; preceded by Conference on Security and Co-operation in Europe, established in 1975) |
| Founding Document | Helsinki Final Act |
| Head | Current Chairperson Audronius Ažubalis (Lithuania) (2011) (annually rotating chairmanship); Secretary General Lamberto Zannier (2011) |
| Governing Bodies | Ministerial Council (decision-making body); Permanent Council (decision-making body); Parliamentary Assembly facilitates inter-parliamentary dialogue and promotes national parliaments' involvement in OSCE. |
| Key Human Rights Agreements | Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE |
| Key Judicial Bodies | Court of Conciliation and Arbitration (power only to settle cases between states; does not hear human rights claims) |
Members
| Albania | Hungary | Romania |
| Andorra | Iceland | Russia |
| Armenia | Ireland | San Marino |
| Azerbaijan | Italy | Serbia |
| Belarus | Kazakhstan | Slovakia |
| Belgium | Kyrgyzstan | Slovenia |
| Bosnia and Herzegovina | Latvia | Spain |
| Bulgaria | Liechtenstein | Sweden |
| Canada | Lithuania | Switzerland |
| Croatia | Luxembourg | Tajikistan |
| Cyprus | Macedonia | Turkey |
| Czech Republic | Malta | Turkmenistan |
| Denmark | Moldova | Ukraine |
| Estonia | Monaco | United Kingdom |
| Finland | Montenegro | United States |
| France | Netherlands | Uzbekistan |
| Georgia | Norway | Vatican City |
| Germany | Poland | |
| Greece | Portugal |
At a Glance
| Freedom of Association | Legal Protection | Helsinki Final Act, 1. VII (1975) Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, II.(9.3), II.(10.1-3)(1990) Charter of Paris for a New Europe (1990) Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, (43) (1991) Helsinki Document, The Challenges of Change, VI (1992) |
| Civil Society Participation | Office for Democratic Institutions and Human Rights | Facilitates dialogue with civil society representatives prior to OSCE conferences |
| OSCE Secretariat-External Cooperation | The Section for External Cooperation is the point of contact for non-human dimension NGOs and academic/research institutions working on early warning, conflict prevention, crisis management, and post-conflict rehabilitation issues. The Section especially seeks to exchange information with those academic and research institutions focusing and publishing information on the OSCE. | |
| Human Rights Defenders | Current Status | To assure protection of the human rights defenders, the OSCE established the Focal Point for Human Rights Defenders and National Human Rights Institutions. Its function is to monitor the situation of human rights defenders, identify issues of concern, and seek to promote and protect their interests. |
Key Legal Texts
Freedom of Association
Civil Society Participation
| Helsinki Final Act, 1. VII | 1975 |
| Helsinki Document, The Challenges of Change, IV.12-18 | 1992 |
Overview
Human Rights and Fundamental Freedoms
The OSCE Human Rights Dimension is a set of norms and activities related to human rights and democracy and one of the dimensions of security. The Human Rights Dimension encompasses all aspects related to human rights and fundamental freedoms; democracy, including democratic elections and democratic governance and institutions; tolerance and non-discrimination; the rule of law; and national minorities, human contacts, and international humanitarian law. The Human Rights Dimension Thematic Compilation includes an overview of the OSCE commitments and the instruments for monitoring the progress in achieving these commitments. These commitments are not legally binding norms; instead, they are politically binding - a political promise to comply with the standards elaborated in the OSCE documents. Follow-up meetings to review the implementation of the commitments is based on the principle that the commitments undertaken in the field of the human dimension directly concern all participating States and do not belong exclusively to the internal affairs of the state at issue. (more)
Freedom of Association
The Helsinki Final Act of 1975 recognizes the necessity for the protection of human rights and fundamental freedoms as the matter of international concern:
VII. 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 wellbeing necessary to ensure the development of friendly relations and co-operation among themselves as among all States. […]In the field of human rights and fundamental freedoms, the participating States will act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights. They will also fulfill their obligations as set forth in the international declarations and agreements in this field, including inter alia the International Covenants on Human Rights, by which they may be bound.
A number of OSCE documents address the general issue of human rights and fundamental freedoms, including the freedom of association. An overview of OSCE commitments can be found in the OSCE Commitments Related to Freedom of Assembly and Association, which was published in 2004.
- The Charter of Paris of 1990 asserts the right of every individual to freedom of association and peaceful assembly.
- The Copenhagen Document of 1990 guarantees freedom of association: “II.(9.3) The participating States reaffirm that […] the right of association will be guaranteed.[…];” In addition, “(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 promotion and protection of human rights and fundamental freedoms, including trade unions and human rights monitoring groups.”
- The Moscow Document, adopted in 1991, addresses the issue of NGOs: “(43) The participating States will recognize as NGOs those which declare themselves as such, according 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 participating States in order to observe human dimension conditions;
- (43.3) - welcome NGO activities, including, inter alia, observing compliance with CSCE commitments 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 participating States during the future work of the CSCE on the human dimension.”
Civil Society Participation
Generally, any NGO, except those that resort to violence, may participate in OSCE activities such as meetings and conferences. The Section for External Cooperation under the OSCE Secretariat is responsible for organizing multilateral meetings and serves as a contact point for NGOs. In practice, some OSCE meetings are also preceded by the preparatory civil society meetings.
The basis of NGO participation in OSCE activities is outlined in detail in the Helsinki Document 1992, adopted at the Conference for Security and Co-operation in Europe (CSCE). Through the Helsinki Document, the member states are committed to providing opportunities for increased NGO involvement in OSCE activities.
Member states commit to:
- 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, human rights implementation 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 designate an "NGO liaison person" from among their staff;
- designate, as appropriate, one member of their Foreign Ministries and a member of their delegations 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 participating States and of NGOs;
- encourage written presentations by NGOs at 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;
- 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 activations of CSCE mechanisms which have been made known to all participating States.
According to OSCE’s procedural rules, only “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence” may be barred from participating in the OSCE meetings (Helsinki Document 1992, The Challenges of Change, IV (16)).
An additional human rights forum in the region is the Human Dimension Implementation Meeting (HDIM), which includes participants from both governments and civil society. The OSCE member states have an opportunity to discuss the implementation of human dimension commitments that were adopted by consensus at prior OSCE Summits or Ministerial Meetings. These review conferences are open to all civil society organizations and serve as an important means of holding governments accountable. There are also three informal Supplementary Human Dimension Meetings organized within the Permanent Council.
In 2007 individual member states attempted to introduce criteria for NGO participation in the HDIM, though these efforts failed. (more) In 2009 the official delegation of the Russian Federation walked out of the Meeting in protest whenever the representatives of the Russian-Chechen Friendship Society spoke. Moreover, the Russian Federation announced that it would boycott the next HDIM if certain NGOs are invited to participate. (more)
On the national level OSCE field missions have established “Aarhus” centers in the countries of South-eastern Europe, Eastern Europe, the Caucasus and Central Asia, which are intended to give greater access to civil society participation in consultations on environmental issues. (more)
Reports
News and Upcoming Events
While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.
General News
OSCE representative on freedom of the media urges Tajikistan to end shutdown of Facebook and other websites (April 2012)
The Organization for Security and Cooperation in Europe has urged Tajikistan to end a shutdown of Facebook and several Russian-language websites that published material critical of the nation's leader, President Imomali Rakhmon. Dunja Mijatovic, the OSCE representative on freedom of the media, said in an appeal to the Tajik government she hoped that the ban of Facebook and the other websites would not set a precedent. She said the "Internet should remain an open public forum for discussion and free expression of opinions, as enshrined in the Universal Declaration of Human Rights." She said she sent a letter to Tajik Foreign Minister Hamrokhon Zarifi on March 5 to express hope that "access to Facebook and the four news websites would be restored without delay." Facebook's popularity has soared in Tajikistan, with membership doubling last year to 26,000 people. Several Facebook groups openly discuss politics and some users have been critical of the authorities. (Read more)
OSCE, Tajik Government, and Civil Society Representatives Meet and Discuss Fundamental Freeodoms in a Post-2014 Security Environment (February 2012)
High-ranking officials from the OSCE and the Tajik government and representatives of civil society met in Dushanbe on February 22 at an annual forum to identify priorities for national and regional cooperation in 2013. The meeting explored opportunities to intensify the OSCE's assistance to Tajikistan to foster comprehensive security in political, military, economic, environmental, and human affairs, with a particular focus on security challenges that may arise in view of the security handover from international forces to Afghan forces in 2014 and beyond. One of the focus points of the meeting was the facilitation of societal dialogue on human rights. Gerard Keown, the Deputy Director of the OSCE Task force in the Irish Foreign Ministry who took part in the meeting, said, "The Irish OSCE Chairmanship attaches high importance to the role and contribution of Central Asian participating States, including Tajikistan, to the work of the Organization, particularly in countering the shared challenge of tackling trans-national threats and protecting and promoting human rights and fundamental freedoms."
OSCE Chief Calls for Return of OSCE Presence in Belarus (February 2012)
The new Irish head of the Organization for Security and Cooperation in Europe is calling for the reinstatement of an OSCE presence in Belarus, where he says the “continuing erosion of human rights” is cause for concern. Ireland's deputy prime minister and foreign affairs minister, Eamon Gilmore, spoke Wednesday in Washington before the U.S. Helsinki Commission, a U.S. government body monitoring European human rights. (Read more)
Chairperson condemns new restrictions on freedom of assembly and association in Belarus (October 2011)
The OSCE Chairperson-in-Office, Lithuanian Foreign Minister Audronius Ažubalis, today condemned newly adopted amendments to existing laws on public assemblies and the security services, saying they will further limit the fundamental freedoms of assembly and association in Belarus. (Read more)
Russia raps OSCE election "double standards" (September 2011)
Russian President Dmitry Medvedev Saturday accused the Organization for Security and Cooperation in Europe of using double standards and attempting to influence the internal affairs of some ex-Soviet nations.
Lamberto Zannier Appointed New OSCE Secretary General (July 2011)
Lamberto Zannier has been appointed the new OSCE Secretary General. He has replaced Marc Perrin de Brichambaut on this post, said in the organization’s statement. Zannier has been appointed through a unanimous Ministerial Council decision by the 56 participating States, the OSCE Chairperson-in-Office, Lithuanian Foreign Minister Audronius Ažubalis announced today. (Read more)
Turkish OSCE veto causes a stir (June 2011)
A serious diplomatic rift has erupted between Austria and Turkey. The Turkish government decided at the weekend to veto Ursula Plassnik’s application for the position as secretary-general of the Organization for Security and Cooperation in Europe (OSCE). The former Austrian People’s Party (ÖVP) foreign minister said earlier this year she wanted to take over from Marc Perrin de Brichambaut. The French diplomat’s term ends on 30 June. (Read more)
National human rights institutions need clear mandate, resources and independence, speakers at OSCE meeting say (April 2011)
National human rights institutions need a clear mandate, sufficient resources and genuine independence from governments to be able to play their role effectively, participants said today at the opening of a special OSCE meeting on the topic in Vienna. The two-day meeting, organized by the OSCE’s Lithuanian Chairmanship and the OSCE Office for Democratic Institutions and Human Rights (ODIHR), brought together members of national human rights institutions and representatives of governments and civil society from the Organization’s 56 participating States and Partners for Co-operation. (Read more)
ODIHR publishes updated compilation of OSCE human dimension commitments (April 2011)
ODIHR has published the third edition of OSCE Human Dimension Commitments, a compilation of commitments the OSCE participating States have agreed to honour in the fields of human rights, democracy and the rule of law.The update contains a number of important new decisions and documents adopted since the last edition was published in 2005, including most recently the Commemorative Declaration adopted at the Astana Summit in December. The decisions made by participating States at the Ministerial Council meetings in Ljubljana, Brussels, Madrid, Helsinki and Athens are also included, in addition to all previous commitments going back as far as the Helsinki Final Act of 1975. (Read more)
Outcome Document of the Parallel OSCE Civil Society Conference (December 2010)
To read the Outcome Document of the Parallel OSCE Civil Society Conference held on November 28-29, 2010 in Astana, Kazakhstan, please, click here.
Parallel Conference sets strong precedent for civil society-OSCE engagement (December 2010)
From 28-29 November, over 200 delegates from civil society and governments came together for a landmark civil society Parallel Conference preceding the Organisation for Security and Co-operation in Europe (OSCE) Summit in Astana, Kazakhstan. CIVICUS: World Alliance for Citizen Participation praises the work of civil society during the event aimed at strengthening the OSCE including its oversight of human rights and its human dimension mechanisms. The Parallel Conference came just days before the first OSCE Summit since 1999 from 1-2 December in Astana. (Read more)
OSCE Centre encourages young people’s political participation in Kyrgyzstan (October 2010)
A National Youth Congress met in Bishkek under the organization of the newly-formed Youth Ministry. The meeting was held in preparation for the upcoming October 10 parliamentary elections and designed to encourage youth participation in government. (Read more)
Statement by IPHR and six other human rights NGOs to the OSCE Review Conference on challenges faced by human rights defenders in Central Asia (September 2010)
The International Partnership for Human Rights (Brussels), the Bulgarian Helsinki Committee (Sofia), Civil Rights Defenders (Stockholm), the Moscow Helsinki Group (Moscow), the Netherlands Helsinki Committee (The Hague), the Norwegian Helsinki Committee (Oslo) and the Polish Helsinki Foundation for Human Rights (Warsaw) have joined together in making a statement to the OSCE Review Conference that will take place in Warsaw on 30 September - 8 October 2010. With this statement, the participating organizations wish to highlight challenges faced by human rights defenders in Central Asia, express their solidarity with their colleagues in this region and call on the OSCE states to deal with the protection of human rights defenders as a priority issue at the OSCE Summit scheduled to be held in Astana in December 2010. (Read more)
Does an International Investigation in Kyrgyzstan Have Backing? (July 2010)
Does the international investigation announced by Kimmo Kiljunen, the Special Representative for Central Asia of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA) have the backing of the OSCE, United Nations and other bodies? Kiljunen told reporters in Bishkek July 22 that an international commission will begin work in August to investigate the recent conflict in southern Kyrgyzstan. Yet it's not clear if all the institutions being referenced have in fact formally -- and politically -- backed the effort, and whether or not the authorities in southern Kyrgyzstan will cooperate. (Read more)
OSCE Chairperson announces agreement on summit, calls Kyrgyzstan crisis a 'vitality test' for Organization (July 2010)
OSCE Foreign Ministers meeting in Almaty today reached consensus on holding a summit in Astana this year and reinforcing OSCE assistance to Kyrgyzstan, said the OSCE Chairperson-in-Office, Kazakhstan's Secretary of State and Foreign Minister Kanat Saudabayev. (Read more)
Report to the Permanent Council by the OSCE Representative on Freedom of the Media, 29 July 2010
The full text of the report can be found here.
Lavrov Says OSCE Too Easy on NGOs (May 2010)
Foreign Minister Sergei Lavrov ripped into the Organization for Security and Cooperation in Europe on Wednesday, saying it was "incoherent" and open for manipulation. Addressing the State Duma, Lavrov complained that the OSCE allowed member states to interfere in one another's domestic affairs by letting nongovernmental organizations set up field missions under the OSCE's umbrella. (read more)
OSCE Human Rights Chief to Visit Armenia for Talks on Justice Reform (April 2010)
The Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ambassador Janez Lenarcic, will be in Armenia on April 6 and 7 to participate in a forum organized by the International Federation for Human Rights, and to meet with senior Armenian officials. The "Justice - New Challenges" forum will focus on the right to effective remedy before an independent tribunal. (read more)
Kazakhstan Chairmanship Pushes for OSCE Summit in 2010 (March 2010)
As the first Muslim state to hold the one-year chairmanship of the Organization for Security and Co-operation in Europe (OSCE), Kazakhstan is accelerating efforts to hold a summit in Astana this year, the country's ambassador to Turkey, Bagdat Amreyev, has said. Amreyev attended a workshop titled "2010-Kazakhstan, The Establishment of Security in Eurasia and the New Vision of the OSCE" organized by the Turkish Asian Center for Strategic Studies (TASAM) in İstanbul on Thursday. Speaking at the workshop, the Kazak ambassador told the audience, comprising politicians, diplomats, academics and several NGO representatives, that Kazakhstan is seeking support for the idea of a new OSCE summit to be held in Astana in 2010, an offer that has already been backed by a number of OSCE members. "We are sincerely grateful to Russia, France, Turkey, Spain, Italy, Austria, Serbia, Slovenia, Belarus and other OSCE members for their support for holding a summit in Astana this year," Amreyev said. (read more)
OSCE tells Kyrgyzstan to stop censoring online news (March 2010)
In an official letter, the Organisation for Security and Cooperation in Europe (OSCE) has urged the Kyrgyz government to stop censoring online media. As the fifth anniversary of the country’s March 2005 ‘orange’ revolution approaches, Kyrgyz authorities are putting unprecedented pressure on independent media. Ordinary Kyrgyz are also outraged by fee hikes of essential services, encouraging the opposition. (read more)
OSCE Chairperson meets Belarus President, welcomes country's engagement in OSCE efforts to address new challenges, strengthen Organization (March 2010)
The OSCE Chairperson-in-Office, Kazakh Secretary of State and Foreign Minister Kanat Saudabayev said in Minsk today that Kazakhstan and Belarus were uniquely positioned, given their shared history and transition experience, to contribute to strengthening the Organization's work. (read more)
Kazakhstan Raises Questions over OSCE’s Direction (January 2010)
Despite questions about Kazakhstan's commitment to democracy and human rights, the country has taken up the rotating year-long chairmanship of the OSCE - an international security and rights grouping. […] Just weeks into its new role, Kazakhstan has already signaled its desire to engineer a shift in the OSCE's focus as an international body. It wants less attention paid to human rights and democratic freedoms and more to international security and co-operation. Russia firmly backs the proposed change of direction. The question is still open as to whether Kazakhstan will host a summit of the OSCE in 2010. (read more)