OSCE: RESOLUTION “COMBATING TRANSNATIONAL CRIME AND CORRUPTION RESPECTING HUMAN RIGHTS AND DEMOCRACY”

BM (10) RS 3 E - IS
Original: ITALIAN
 
 
RESOLUTION
 
FOR THE GENERAL COMMITTEE
ON DEMOCRACY, HUMAN RIGHTS AND
HUMANITARIAN QUESTIONS
 
COMBATING TRANSNATIONAL
CRIME AND CORRUPTION RESPECTING HUMAN RIGHTS AND DEMOCRACY”
 
 
RAPPORTEUR
Mr. Matteo Mecacci
Italy
 
 
 
 
 
OSLO, 6 TO 10 JULY 2010
 
 
RESOLUTION FOR THE GENERAL COMMITTEE ON
DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS
 
Rapporteur: Mr. Matteo Mecacci (Italy)
 
  1. Noting that corruption and organised crime have a detrimental impact on all three of the OSCE security dimensions, including human security, in as much as these are phenomena that are prejudicial to democracy, the rule of law and human rights,
 
  1. Recognizing that transnational organised crime now poses one of the greatest threats to human security, being an impediment to the economic, political and cultural development of societies and is a multifaceted phenomenon that manifests itself in various activities, including human trafficking,
 
  1. Bearing in mind the close connection existing between higher levels of corruption and lack of respect for civil and political freedoms, as indicated by indices maintained by Transparency International and the World Bank Institute,
 
  1. Noting that these studies indicate that several OSCE countries have the highest rates of corruption and the lowest rates of respect for democracy and the rule of law, while only few OSCE countries have a low level of corruption and high level of the respect of the rule of law and democracy,
 
  1. Recognising that highest perceived corruption levels in societies concern, political parties (68%), civil servants (63%), parliaments (60%), the judiciary (49%) and the media (44%) make it necessary to combat corruption in the sphere of politics and institutions, including during electoral campaigns, as well as in public administration, the judiciary and the media,
 
  1. Recalling the Assembly’s Kyiv Declaration which stressed the importance of authorities acting with transparency, and affirming that the ability of States to fight corruption and organized crime is diminished by a lack of rule of law and when the principle of separation of powers is not respected,
 
  1. Reaffirming that the fight against cybercrime must be carried out with full respect for basic human rights including the right to freedom of expression on the internet and must not be used as an excuse to censor or ban the diffusion of legitimate criticism of a Government’s policies,
 
 
  1. Deeply disturbed that while pursuing the fight against terrorism, organized crime or extremism, some States of the OSCE have violated some basic human rights, such as the right to a fair trial, the right to defence, freedom of assembly, freedom of association, and the right to participate in elections,
 
  1. Welcoming the entry into force of the Protocol to the UN Convention against Transnational Organized Crime for the prevention, suppression and punishment of human trafficking, especially women and children, and in particular its Article 3 (a) which interprets trafficking in persons as including the exploitation of prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs,
 
  1. Noting that by far the most common form of human trafficking is for the purposes of sexual exploitation, and that an estimated 20 per cent of victims of human trafficking are children, and recognising the importance of establishing observatories to monitor prostitution and enslavement and assist in re-integrating victims into society,
 
  1. Disturbed by the new and dramatic field of organised crime of trafficking in human organs, and noting the disturbing phenomenon of the production and dissemination of child pornography;
 
  1. Reaffirming that the fight against human trafficking must be carried out respecting the human rights of migrants, who should not be penalized for choosing an irregular way to to leave and return to their own country as guaranteed by the UN Universal Declaration on Human Rights, and to seek international protection from political and religious persecutions, wars, famines and humanitarian catastrophes;
 
  1. Noting the importance of international monitoring of elections by OSCE and other institutions that in some cases has proved to be a key factor to strengthen democratic institutions and to fight political and institutional corruption;
 
  1. Noting that such international monitoring by OSCE institutions of elections could prove to be very useful if extended on a permanent basis also to the judiciaries, the executives branches and the media sectors;
 
The OSCE Parliamentary Assembly,
 
  1. Calls on all OSCE participating States to implement all OSCE commitments in order to guarantee that the fight against corruption and organized crime of various forms is carried out with full respect for democratic principles and the rule of law, and reiterates the central role that the OSCE can play in this regard considering that the OSCE has made the interdependence of security, development and respect for human rights the cornerstone of its mission;
 
  1. Recommends OSCE States to legislate in the field of human trafficking giving the utmost importance to the protection of the victims of trafficking, and making sure that migrants are not criminalized for exercising their right to leave their own country and are not denied asylum when in need of international protection;
 
  1. Urges participating States to strengthen the cooperation between OSCE States and Non-Governmental Organizations in fighting institutional and political corruption;
 
  1. Calls participating States to strengthen the capacity of OSCE institutions to monitor respect for the rule of law and for democracy both during election periods and on a permanent basis, including the judiciaries, the executive branches and the media sectors;
 
  1. Calls upon participating States to ensure the professionalism of law enforcement and criminal prosecution bodies and to this end to provide all necessary support, including financial, to such bodies in their fight against organized crime;
 
  1. Calls upon all participating States to respect all the legal and political obligations to which they are bound by virtue of their ratification of relevant international Conventions against corruption, organized crime, human trafficking, cybercrime, and urges those countries that have not yet ratified the appropriate Conventions to do so;
 
  1. Urges OSCE States to legislate – or reform their legislation - in the field of cybercrimes to ensure that freedom of expression and communication on the internet are not diminished or curtailed while combating criminal activity;
 
  1. Calls upon OSCE States to legislate - or reform their legislation – in the field of terrorism or extremism, to ensure that the right to a fair trial and the right to defence is granted to the accused – and that the death penalty is excluded for these crimes - and that allegations of extremism or terrorism are not exploited in the political arena to demonize political opponents that neither use nor foment violence for political goals;