frsrdg · GV04OSSE1 · 2008-01-01 00:00:00 — Recalling and reaffirming the important role of civil society and non-governmental organizations in our societies as also recognized in the 1975 Final Act and expressing genuine appreciation for the contribution of civil society to the promotion and implementation of principles, standards, commitments and values, Recalling that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and are not exclusively the internal affairs of the state concerned, as stipulated in the 1991 Document entered into by all participating States, Reaffirming that the protection and promotion of human rights and fundamental freedoms is one of the basic responsibilities of states, and the recognition of and respect for these rights and freedoms constitutes , and peace, Recalling that the participating States committed themselves to 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 and to take necessary action in their respective countries to effectively ensure this right, Recalling and reaffirming the Resolution on Cooperation with and adopted by the Parliamentary Assembly at the Annual Session in 2006, calling upon the participating States to seek and implement ways of further promoting exchange of views through an open and constructive dialogue with human rights defenders, Recalling the UN Declaration on the and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (UN ) and the responsibility it places on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels, Recalling the Principles relating to the Status of National Institutions (The Principles), adopted by the UN General resolution on , identifying the crucial role of independent national human rights institutions (NHRIs) in promoting and protecting human rights in a pluralist by being co-operative with a range of groups and institutions, including governmental authorities, non-governmental organizations (NGOs), judicial institutions and professional bodies, Recalling the Supplementary Human Dimension Meeting (SHDM) of 30 and 31 2006 entitled Human Rights Defenders and National Human Rights Institutions: Legislative, State and Non-State Aspects and the recommendations made thereat including the need for particular attention, support and protection for human rights defenders by the , its Institutions and field operations, as well as by participating States, Deploring that in a number of participating States, human rights defenders continuously work under extreme pressure from state authorities and face restrictions, in particular on the exercise of freedom of expression, association and assembly, Expressing concern and disappointment with regard to the introduction of new legislation in a number of participating States that places further restrictions and constraints on the activities of human rights defenders, in particular by making them subject to unnecessary bureaucratic burdens, arbitrary detentions, assaults, ill-treatment, or defamation campaigns, The Parliamentary Assembly: Recognizes that domestic law consistent with the Charter of the United Nations and other international obligations of the state in the field of human rights and fundamental freedoms is the legal framework within which human rights and fundamental freedoms should be implemented and enjoyed, and within which all activities for the promotion, protection and effective realization of those rights and freedoms should be conducted; Recognizes that human rights and fundamental freedoms are most likely to be secured when citizens either individually or collectively are able to hold their government to account and notes the particular importance of respect for the freedoms of association and peaceful assembly, as they are intrinsic to the exercise by citizens of their right to express their opinions and to raise publicly issues of concern, and their ability to contribute to their resolution; Recognizes that everyone has the right, individually and in association with others, to have effective access, on a non-discriminatory basis, to participation in the government of his or her country and in the conduct of public affairs; Recognizes the crucial role independent national human rights institutions can play in advancing and securing human rights and the need to links between these institutions and other groups in civil society; Urges participating States to establish national human rights institutions in accordance with the Principles, to take the appropriate measures to ensure their independence and all steps necessary to promote their working in partnership with and as advocates for other representatives of civil society; Urges participating States to reaffirm the important role of human rights defenders and national human rights institutions in protecting and promoting human rights and fundamental freedoms at the 2007 Ministerial Urges participating States to address the remaining challenges, the lack of progress and even set-backs with respect to the implementation of the freedoms of expression, association and assembly, under threat from a range of excessively restrictive laws and policies and that negatively affect the working environment of human right defenders; Commends the /ODIHR for its continued assistance to participating States in this respect, particularly by reviewing legislation linked to human rights and fundamental freedoms, as they affect activities of human rights defenders, but also the development and recent publication of ; Recognizes the role that parliamentarians play in their respective States in this regard and reaffirms the commitment to honour and promote the implementation of existing commitments within their national assemblies; Recommends that the Parliamentary Delegations to the enhance their engagement with human rights defenders and national human rights institutions in their respective States, thereby making use of the assistance and resources developed by the /ODIHR; Welcomes the of a Focal Point for Human Rights Defenders and National Human Rights Institutions within the /ODIHR and its enhanced focus on monitoring the situation of these important actors, following the recommendations made at the 2006 SHDM; Emphasizes the importance of providing adequate funding to the /ODIHR, in particular its Focal Point for Human Rights Defenders and National Human Rights Institutions, as needed, to support their activities; Underlines the crucial role of the field operations in assisting human rights defenders and national human rights institutions and encourages the field operations to further undertake projects aimed at capacity and training for human rights defenders and promoting dialogue among and between human rights defenders, national human rights institutions and governments, in particular in the legislative process; Urges the participating States to increase participation of human rights defenders and representatives of national human rights institutions in the Organizations institutional structures, including involvement in the activities of the and . RESOLUTION ON STRENGTHENING OF COUNTERACTION OF TRAFFICKING IN PERSONS IN PARTICIPATING STATES Recognizing that the , as a regional organization, is an important element in the field of human rights protection and prevention of any forms of violence and discrimination as well as in the promotion of the rule of law principle and prevention of any kind of trafficking in persons, Considering that the plays an important role in strengthening the cooperation between all its participating States in the prevention of trafficking in persons, Expressing appreciation for the ongoing work of the Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings as well as anti-trafficking efforts undertaken by Missions and Field Presences, Expressing concern about the increase in trafficking in persons, the emergence of new kinds and forms of the recruitment and exploitation of victims, the increase in the activity of international criminal groups and organizations in this field, and about inadequate state efforts to combat these, Recognizing that trafficking in persons is an international crime and a severe infringement of human rights and human dignity, and that it is a modern form of slavery, Taking into consideration international and regional initiatives on fighting trafficking in persons, Supporting efforts of the participating States on implementation of the Action Plan to Combat Trafficking in Human Beings (2003) as well as the principles of the PA Declaration (2006), Taking into consideration the necessity of establishing clear and transparent legal instruments aimed towards the protection of human rights and the creation of special monitoring methods, The Parliamentary Assembly: Appeals to all participating States to increase their efforts on the prevention and counteraction of trafficking in persons and especially in children at the national as well as international level, including domestic trafficking in persons; Urges those participating States that have not already done so to adopt and implement comprehensive anti-trafficking laws, policies and practices, addressing human trafficking in all its forms and enabling prosecution of traffickers, prevention of trafficking, including demand, and protection of trafficking victims, and to make available the necessary resources to governmental agencies, including law enforcement, and relevant non-governmental organizations to enhance the capacity and effectiveness of measures aimed at prosecution, prevention and protection; Supports all efforts with regard to the coordination and strengthening of cooperation in this field at the international and national level; Appeals to national governments and parliaments to consider as a matter of priority signing and ratifying Convention against trafficking in persons and to apply its provisions for protecting victims, and on strengthening international cooperation as well as of the prevention measures system; Warns against developing and using discriminatory forms of anti-trafficking policy and practice that lead to prohibitions and restrictions of movement of citizens; Considers necessary to support and implement supportive attitudes towards victims, to respect their rights, to protect victims independently of their willingness to cooperate with law enforcement; Urges participating States to establish and strengthen transparent, effective and independent methods of gathering information, monitoring state activity in this field, including the creation of national coordinators, national rapporteurs, data collection capabilities and networks against trafficking in persons; Understands the importance of the development of international law enforcement cooperation for effective prosecution of criminals and the conclusion of bilateral and multilateral treaties in this field; Supports the activity of civil society organizations and NGOs as important partners in rendering assistance to victims, in providing preventive activity and in lobbying for law reform based on the principles of human rights protection; Appeals to participating States to actively cooperate with NGOs working in this area and to provide financial resources for the realization of important programmes; Encourages media outlets in source, transit and destination countries to play a more vigorous role in helping to educate the public about the many facets of human trafficking, including factors contributing to demand for all forms of trafficking, and informing individuals what actions they might take if they encounter victims of trafficking; Considers that the development of a system that renders assistance to the victims, based on national referral mechanisms, is important for the effective counteraction of trafficking in persons; Considers it necessary to implement access to for trafficked persons and strengthening the effectiveness of judicial protection of victims by providing them with unconditional, free of charge legal assistance, Appeals to participating States to develop and adopt national laws that criminalize all kinds of trafficking in persons and not only trafficking in persons with the aim of sexual exploitation; Urges the and the participating States to increase their focus on the widespread trafficking of human beings for forced labour, including bonded labour, involuntary servitude, domestic servitude, and child labour and to develop strategies for addressing the socio-economic roots of labour trafficking; Strongly urges the and the participating States to take immediate steps to promote the aggressive prosecution of those responsible for the trafficking of infants, children and youth, to prevent such crimes against children and to protect victims, including through implementation of the recommendations contained in the Addendum to the Action Plan to Combat Trafficking in Human Beings: Addressing the Special Needs of Child Victims of Trafficking for Protection and Assistance by: developing coordinated referral mechanisms specifically to address protection and assistance measures which focus on the special needs of child victims of trafficking; facilitating special training for law enforcement and direct service personnel on proper and effective methods to identify child victims of trafficking; forming partnerships with civil society to develop a comprehensive approach to protect and assist child victims of trafficking; and establishing educational outreach programmes aimed at particularly vulnerable populations of children and youth, including those residing in state institutions; Urges those participating States that have not already done so to establish national hotlines for reporting missing and exploited children, including sexual exploitation of children through sex tourism, trafficking, pornography and prostitution; Supports the strengthening of cooperation between states, international organizations and NGOs in this field; Understands that tackling root causes of trafficking, such as poverty, gender inequality and discrimination, is a fundamental element in the international fight against trafficking and that corresponding policies should include provisions to this effect; Recognizes the need to arrive at a better understanding of what constitutes demand and how to combat it, decides to strengthen efforts to counter the demands for victims of trafficking in persons, and encourages the participating States to consider adopting legislative or other measures, such as educational, social or cultural measures, to discourage and reduce the demand that all forms of exploitation of persons, especially women and children, and that thus promote trafficking; Understands that any anti-trafficking measures should not adversely affect or infringe upon the human rights of trafficked persons or other affected groups and should comply with the norms, standards and principles of the international human rights system. RESOLUTION ON COMBATING ANTI-SEMITISM, RACISM, XENOPHOBIA AND OTHER FORMS OF INTOLERANCE, INCLUDING AGAINST Recalling the Parliamentary Assemblys leadership in raising the focus and attention of the participating States since the 2002 Annual Session in on issues related to intolerance, discrimination, and hate crimes, including particular concern over manifestations of anti-Semitism, racism, xenophobia and other forms of intolerance, Celebrating the richness of ethnic, cultural, racial, and religious diversity within the 56 participating States, Emphasizing the need to ensure implementation of existing commitments on combating anti-Semitism, racism, xenophobia, and other forms of intolerance and discrimination, including against , , and members of other religions, as well as against , Recalling other international commitments of the participating States, and urging immediate ratification and full implementation of the Convention on Prevention and Punishment of the Crime of Genocide, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the Statute, Reminding participating States that hate crimes and discrimination are motivated not only by race, ethnicity, sex, and religion or belief, but also by political opinion, national or social origin, language, birth or other status, The Parliamentary Assembly: Welcomes the convening of the on Combating Discrimination and Promoting Mutual Respect and Understanding, in , as a follow-up to the 2005 Conference on Anti-Semitism and Other Forms of Intolerance; Appreciates the ongoing work undertaken by the and the Office for Democratic Institutions and Human Rights (the /ODIHR) through its Programme on Tolerance and Non-discrimination, as well as its efforts to improve the situation of and Sinti through its Contact Point for and Sinti Issues, and supports the continued organization of expert meetings on anti-Semitism and other forms of intolerance aimed at enhancing the implementation of relevant commitments; Recognizes the importance of the /ODIHR Programme () in helping forces within the participating States better to identify and combat hate crimes, and recommends that other participating States make use of it; Reiterates its full support for the political-level work undertaken by the three Personal Representatives of the Chair-in-Office and endorses the continuance of their efforts under their existing and distinct mandates; Reminds participating States of the Holocaust, its impact, and the continued acts of anti-Semitism occurring throughout the 56-nation region that are not unique to any one country and necessitate unwavering steadfastness by all participating States to erase the black mark on human history; Calls upon participating States to recall that atrocities within the region motivated by race, national origin, sex, religion or belief, disability or sexual orientation have contributed to the negative perceptions and treatment of persons in the region; Further recalls the resolutions on anti-Semitism adopted unanimously by the Parliamentary Assembly at its Annual Sessions in in 2002, in 2003, in 2004, in 2005 and in 2006; Reaffirms especially the 2002 condemning anti-Semitic incidents in the area, recognizing the role that the existence of anti-Semitism has played throughout history as a major threat to freedom; Recalls the agreement of the participating States, adopted in Cracow in 1991, to preserve and protect those monuments and sites of remembrance, including most notably extermination camps, and the related archives, which are themselves testimonials to tragic experiences in their common past; Commends the 11 member states of the for approving the immediate transfer of scanned Holocaust archives to receiving institutions and encourages all participating States to cooperate in opening, copying, and disseminating archival material from the Holocaust; Commemorates the bicentennial of the 1807 Abolition of the which banned the slave trade in the British Empire, allowed for the search and seizure of ships suspected of transporting enslaved people, and provided compensation for the freedom of slaves; Agrees that the transatlantic slave trade was a crime against humanity and urges participating states to develop educational tools, programmes, and activities to teach current and future generations about its significance Acknowledges the horrible legacy that centuries of racism, slavery, colonialism discrimination, exploitation, violence, and extreme oppression have continued to have on the promulgation of stereotypes, prejudice, and hatred directed towards persons of African descent; Reminds parliamentarians and participating States that constitute the largest ethnic minority in Union and have suffered from slavery, genocide, mass expulsions and imprisonment, forced assimilations, and numerous other discriminatory practices in the region; Reminds participating States of the role these histories and other events have played in the institutionalization of practices that limit members of minority groups from having equal access to and participation in state-sponsored institutions, resulting in gross disparities in health, wealth, education, housing, political participation, and access to legal redress through the courts: Underscores the sentiments of earlier resolutions regarding the continuing threat that anti-Semitism and other forms of intolerance pose to the underlying fundamental human rights and democratic values that serve as the underpinnings for security in the region; Therefore urges participating States to increase efforts to work with their diverse communities to develop and implement practices to provide members of minority groups with equal access to and opportunities within social, political, legal, and economic spheres; Notes the growing prevalence of anti-Semitism, racism, xenophobia, and other forms of intolerance being displayed within popular culture, including the Internet, computer games, and sports; Deplores the growing prevalence of anti-Semitic materials and symbols of racist, xenophobic and anti-Semitic organizations in some participating States; Reminds participating States of the 2004 meeting on the Relationship between Racist, Xenophobic and Anti-Semitic Propaganda on the Internet and Hate Crimes and suggested measures to combat the dissemination of racist and anti-Semitic material via the Internet as well as in printed or otherwise mediatized form that could be utilized throughout the region; Deplores the continuing intellectualization of anti-Semitism, racism and other forms of intolerance in academic spheres, particularly through publications and public events at universities; Condemns the association of politicians and political parties with discriminatory platforms, and reaffirms that such actions violate human rights standards; Notes the legislative efforts, public awareness campaigns, and other initiatives of some participating States to recognize the historical injustices of the transatlantic slave trade, study the enslavement of , and commemorate the Holocaust; Urges other states to take similar steps in recognizing the impact of past injustices on current day practices and beliefs as a means of providing a platform to address anti-Semitism and other forms of intolerance; Suggests guidelines on academic responsibility to ensure the protection of Jewish and other minority students from harassment, discrimination, and abuse in the academic environment; Urges participating States to implement the commitments following the original 2003 Conferences on Anti-Semitism and on Racism, Xenophobia and Discrimination and subsequent conferences, that include calls to: provide the proper legal framework and authority to combat anti-Semitism and other forms of intolerance; collect, analyse, publish, and promote hate crimes data; protect religious facilities and communitarian institutions, including Jewish sites of worship; promote national guidelines on educational work to promote tolerance and combat anti-Semitism, including Holocaust education; train law enforcement officers and military personnel to interact with diverse communities and address hate crimes, including community policing efforts; appoint ombudspersons or special commissioners with the necessary resources to adequately monitor and address anti-Semitism and other forms of intolerance;