frsrdg · GW04OSSE1 · 2009-05-28 00:00:00 — Regretting the absence of a detailed discussion on the use of private military companies and private security companies in situations of armed conflict and postconflict situations, The Parliamentary Assembly: Calls for a detailed discussion among all relevant actors on the use of private military companies and private security companies in situations of armed conflict and postconflict situations; Requests the Secretary General of the to undertake a study for the next of the PA in 2009 elaborating on the current use of private military companies and private security companies in situations of armed conflict and postconflict situations, on the one hand, and illustrating best practices in democratic control and identifying shortcomings on the other, taking account of the work carried out by the Swiss Government and () and other relevant initiatives; Calls upon participating States contracting private military companies and private security companies in situations of armed conflict and post-conflict situations to include in such contracts the obligations under international humanitarian law and human rights law, together with the resulting code of conduct and legal liability, and to adopt national regulations and good practices; Urges participating States to extend their parliamentary oversight to private military companies and private security companies; Underlines the importance of transparency to secure that resolution on women, peace and security is implnemented in private military companies and private security companies; Recommends as a first step the development of a manual on the use of private military companies and private security companies for missions in armed conflict and post-conflict situations; Emphasizes the need for a co-ordinated and coherent approach with other international actors on the basis of the forthcoming text of the Swiss Government and () on Legal Obligations and Good Practices of private military companies and private security companies and other relevant initiatives with a view to helping States apply internationally agreed principles of democracy and the rule of law to their national security policies and doctrines; Calls upon participating States to develop, within their jurisdiction, binding rules and procedures on the use of private military companies and private security companies in armed conflict and post-conflict missions; Calls upon each Minister of Defence to provide an assessment of the private military companies and private security companies used by his or her armed forces. CHAPTER II ECONOMIC AFFAIRS, SCIENCE, TECHNOLOGY AND ENVIRONMENT Welcoming the work of the Intergovernmental Panel on Climate Change (IPCC), particularly the scientific conclusions of its fourth appraisal report, which will contribute positively to understanding climate change as a phenomenon, including its effects and risks, Taking note of the report of the economist on the long-term cost of global , Expressing concern over the impact that accentuated security challenges related to climate change, more particularly droughts, water scarcity and desertification, may have on highly sensitive areas such as the Eastern , Considering effective water management to be crucial for the prevalence of security and stability in the area and beyond, Stressing the need for enhanced synergy and co-ordination towards sound and effective water management policies, in accordance with international standards elaborated in this field, Considering that the environmental threat is not confined to global , Noting the ever greater threats to the environment posed by intensive farming, uncontrolled industrialization, and industrial or nuclear accidents, Recognizing that problems of scarcity and high prices of food are causing social tensions across the globe, Understanding that only concerted and timely action can avert disaster, Bearing in mind the importance of boosting the use of renewable energy sources, Noting that human activities such as the aforementioned industrialization and the new modes of transport (motor vehicle, air transport), requiring as they do the combustion of fossil fuel, are mainly responsible for global through the increased concentration of carbon dioxide in the atmosphere, Recalling the for Europe and the opportunity offered by environmental co-operation to help establish relations of confidence and develop peace processes, Recalling the and Security, Welcoming the role that the can play in promoting environmental security and its complementary action with the United Nations in combating climate change, Recalling the adoption of Recommendation 1823 of on global and ecological disasters, Taking note, with the adoption of Climate Plan, of the driving role of Union in combating climate change, Remembering that all these phenomena have a hand in exacerbating pre-existing tensions and adding to instability, thereby threatening security, Welcoming the successive efforts of the corresponding United Nations bodies (United Nations Environmental Programme, , IPCC) and of other international organizations in environmental monitoring, including and the report Environmental Outlook to 2030, Recalling the conclusions established in the report of the High Representative on the common foreign and security policy and Commission on security risks posed by climate change, at Council session of 2008, The Parliamentary Assembly: Calls on non-signatory participating States to sign and ratify the Kyoto Protocol; Urges participating States and partners to support the process initiated in in order to secure an international agreement on climate change after 2012, notably the of quantitative targets and binding commitments with respect to the reduction of greenhouse gases, taking into account the differences in national circumstances; Appeals for encouragement to be given to research and the development of technologies that are less carbon-intensive and improve energy efficiency; Encourages participating States to develop alternatives to fossil fuels, in particular by promoting renewable energy sources; Calls on participating States to commit themselves to a global energy transformation towards energy efficiency, renewable energies and energy savings; Calls on to provide the Parliamentary Assembly with a list of radioactive waste sites in the region; Recommends an exchange of views on the national energy strategies of participating States through the holding of conferences; Endorses the development of less polluting forms of transport, with encouragement for rail and river transport and tax incentives for the purchase of clean vehicles; Invites participating States to launch new housing programmes, with emphasis on heating or air-conditioning by means of clean energy sources and improving the energy efficiency of homes; Appeals to participating States to make sustainable development a priority, considering that these efforts will bear fruit only if they are part of an overall international approach, and to implement the 2004 Action Plan for the Promotion of Gender Equality as a means to secure innovative work, which considers the disparate impacts of environmental burdens and climate change on minorities, women, children and migrants; Encourages participating States to pursue climate-friendly economic and trade policies that guard against the migration of domestic carbon-intensive industries to other parts of the world, prevent loss of market share to more carbon-intensive foreign producers and create incentives for other countries to reduce emissions; Endorses the incorporation in agricultural policy of climate change and environmental risks, notably by promoting integrated farming, avoiding deforestation, and preserving the natural heritage, biodiversity and clean water resources; Urges participating States to collaborate on research to ascertain the reasons for global pollinator decline and its subsequent threat to the global food supply and, where appropriate, co-ordinate regional responses to mitigate pollinator decline; Calls on participating States to co-ordinate their actions in order to minimize the impact of food shortages and ensure the adequacy of food supply; Urges integrated management of catchment basins and the promotion of cross-border co-operation in respect of watercourses; Encourages the setting up of surveillance and early warning networks for floods or droughts; Calls on participating States to undertake better waste management through recourse to recycling and by limiting waste production; Urges participating States to draw up plans for co-ordination in the event of nuclear accident, and to intensify cross-border co-operation in civil security; Calls on participating States and partners to support the action of the , in particular the Environment and Security Initiative and its programmes in Central , South Eastern Europe and the Caucasus; Encourages all participating States to co-operate in transferring technical know-how on the use of renewable energy resources, such as geothermal and tidal power, and also on energy research and development, including the mapping of energy potential and planning, on the basis of the precautionary principle. CHAPTER III DEMOCRACY, HUMAN RIGHTS AND HUMANITARIAN QUESTIONS Bearing in mind the dramatic transformation that took place during the collapse of communism in Eastern Europe and former Soviet republics and particularly the profound psychological effects of these changes, Stressing in this regard the importance of working for a reconciliation with each nations own past in an open and public process, Recognizing the psychological and societal parallels to the end of the Second World War, and noting the relatively successful process of coming to terms with history Vergangenheitsbewältigung undertaken in some countries following the Second World War, Recognizing the importance of fully opening all archives to improve the transparency and accuracy of historical studies, The Parliamentary Assembly: Calls upon all participating States to work for greater transparency in: a.the organization of and access to political and historical archives, b.the legislative process, c.the election process, d.the administrative process, e.work in Parliament, f.the rule of law; g.the activity of international organizations; Trusts that this increased transparency would contribute to: a.improved education, especially in history, b.greater freedom of speech, media, expression and religion or belief, c.greater freedom to establish political parties, NGOs and civil society bodies, d.a more effective fight against corruption, e.greater international peace and security, f.greater opportunity for interfaith, intercultural and interethnic understanding; Affirms the right of individuals to appeal to an effective remedy, i.e. high-level courts, constitutional courts or other constitutional bodies against laws that endanger these fundamental freedoms; Calls upon all state bodies working with historical and political archives to grant as full access as possible to all archives to researchers and interested individuals, consistent with the terms or agreements under which materials were acquired or received through purchase, transfer or donation; and to work towards the digitization and sharing of all relevant documents with the country or countries most directly affected by their content, enabling full study by those most interested; Calls upon all participating States to work actively and constructively with each other on a bilateral basis to ensure the smooth and swift return of archives to their countries of origin, and to draft, adopt and implement any legislation needed; Encourages the of joint history commissions between participating States, composed of their historians and experts, including where necessary those of third countries, to conduct research in the relevant historical, political and military archives in order to shed objective and scientific light on contentious episodes in the history of participating States, with a view to further contributing to transparency and mutual understanding; Recalls that all state administrations must, in their running, safeguard the fundamental rights of the individual; Affirms the importance of legislation that protects the rights of individuals within state bodies and private enterprises to openly call public attention to severe malpractice and illegal activities; Encourages the involvement of political parties in election administration processes to guarantee the transparency of electoral processes; Stresses the right of parliamentarians to vote according to their conscience; Emphasizes that all government actions should be based on laws enacted through an open and transparent process and also based on international agreements and commitments; Recognizing that equal access to work by all individuals contributes to transparency, calls upon the and participating States to fully implement the 2004 Action Plan for the Promotion of Gender Equality; Reaffirms the right of journalists to investigate and write about all actions, including any malpractice, undertaken by state bodies; Calls upon all participating States to ensure that journalists are able to conduct their work without fear of repression or retribution; Affirms that journalists and media professionals must be regarded as civilians when working in areas of armed conflict and must be respected and protected as such; Requests participating States, in times of armed conflict, to respect the professional independence and the rights of journalists and media professionals; Underlines the right of civil society, e.g. political parties and NGOs, to organize itself without the imposition of unnecessary and excessive requirements by state bodies. RESOLUTION ON TRANSPARENCY AND FURTHER REFORM: REINFORCEMENT OF PARLIAMENTARY PARTICIPATION IN THE ORGANIZATION 1Convinced that the is a valuable and relevant international organization that should continue to play a critical role in promoting stability and security in Europe, 2Underlining the need for the to carry on further reform aiming at reducing the democratic deficit, strengthening transparency and accountability, enhancing the role of the Parliamentary Assembly and increasing its effectiveness and strengthening co-operation between the Parliamentary Assembly and the executive structures, including its involvement in the decision-making process, and therefore reaffirming the Resolution on Status and Role of the Parliamentary Assembly, as contained in the 2007 Parliamentary Assembly Kyiv Declaration, 3Recalling the recommendations put forward by the Panel of Eminent Persons and the PA Colloquium on the Future of the in 2005, including the following suggestions: The Secretary General, as well as and in consultation with the Chairman-in-Office, should be able to speak for the Organization and to make policy pronouncements as well as appropriate criticisms when commitments are not observed. The should have legal personality. The should improve its ability to make timely decisions through adjusting its decision-making procedure. The should be integrated into the decision-making and consultation processes. The should undertake greater political initiatives on its own responsibility, in co-operation and co-ordination with the Chairmanship and the and it should have access to all information to be able to perform an effective oversight or monitoring of the implementation of commitments as well as decisions. The budget must be adopted in a timely fashion and be commensurate with political objectives. A multi-year financial plan should be established in order to pursue longer term strategies. Normal parliamentary practice, at both the national and international level (, European Parliament) would require the PAs approval of the budget. The confirmation of the Secretary General by the once nominated, by an absolute or weighted majority vote and after consultations, would be an appropriate answer to the increasing challenges of multilateral organizations. It is essential that the ODIHR and the co-operate in order to maintain and ensure the independence of the election observation, which has been recently eroded. Election assessments should be expanded further in Western democracies. Double standards in electoral observations should be avoided. Professional standards should be raised in all structures. In order to attract and retain performing staff, fixed term limits on duration of service should be eliminated. At the same time, reliance on seconded personnel should be reduced. However, when seconded personnel are assigned to Field Missions, governments should ensure that such assignment is for a substantial period of time at least one or two years. The should consider exporting its comprehensive security concept, expertise such as election observation and assistance and sharing its values and experience beyond the area, Aware that if the wants to continue playing a role as a key promoter of security and stability based on the development of democracy, it needs to further strengthen the role of its own Parliamentary Assembly, Bearing in mind the preparatory work done by six parliamentary CSCE conferences organized by the Inter-Parliamentary Union (1973, 1975, 1978, 1980, 1986, 1991) for the creation of the OSCEs parliamentary dimension, which resulted in proposals to give the OSCEs parliamentary dimension similar functions to the Parliamentary Assembly of , The Parliamentary Assembly: Requests the governments of the 56 participating States to fully commit themselves, at the highest political levels, to the full implementation of all of their commitments and to future strengthening of the Organization; Calls upon the participating States to make better use of the Parliamentary Assembly as a key element in the organizations efforts to be credible in promoting democracy, while respecting its autonomy as it comprises elected parliamentarians; Requests the to regularly discuss and take into consideration the initiatives taken by the Parliamentary Assembly; Tasks the Chairmanship and the participating States to consider issuing fact-finding and negotiating mandates to ad hoc working groups of the Parliamentary Assembly; Urges the Chairman-in-Office to convene a special meeting of the , with the participation of representatives of the Parliamentary Assembly, to discuss the implementation of the recommendations put forward by the Panel of Eminent Persons and the PA Colloquium on the Future of the in 2005; Recommends that the consensus rule should be modified for decisions related to personnel, budget and administration, and that in all other cases a country which blocks or holds up consensus must do so openly and be prepared to defend its position publicly; Calls upon the to monitor closely the member parliaments activities in exercising genuine control over their governments; Urges members of the regularly to engage with relevant senior government officials responsible for formulating policy relating to the with the aim of advancing proposals included in the Assemblys declarations; Calls upon national parliaments to strengthen follow-up mechanisms to PA Declarations; Requests member parliaments to hold a debate after each PA Annual Session on its outcome and to report back to the . Invites the national delegations to the to strengthen its operational transparency by defining the procedures for early voting for appointments to the , a practice which currently lacks any legal framework. RESOLUTION ON BANNING CLUSTER MUNITIONS IN PARTICIPATING STATES OF THE AREA 1.Stressing that cluster munitions have killed and mutilated mostly civilians and that they remain a permanent threat with unacceptable humanitarian and economic consequences, 2.Defining cluster munitions as munitions that are designed to disperse or release explosive sub-munitions, including those explosive sub-munitions, as defined in article 2, paragraph 2, of the Convention on Cluster Munitions adopted in on 30 2008, 3.Reaffirming the Declaration of the Conference on Cluster Munitions, by which States committed themselves to conclude a legally binding instrument, 4.Welcoming the results of the Conference, The Parliamentary Assembly: Invites participating States to take all relevant national measures to prohibit the use, development, production, acquisition, stockpiling, retention or transfer of cluster munitions in line with the Convention on Cluster Munitions adopted in on 30 2008; Encourages participating States to destroy or ensure the destruction of all cluster munitions under their jurisdictions and control, in line with the provisions of the Convention on Cluster Munitions adopted in on 30 2008; Calls upon participating States to accede as soon as possible to the Convention on Cluster Munitions adopted in on 30 2008 by the majority of United Nations Member States, and to commit themselves to signing the Convention in in . RESOLUTION ON CYBER SECURITY AND CYBER CRIME Recalling that in the contemporary world armed conflicts are not the only breeding ground for threats against States and citizens, Recognizing the essential role of co-operation between all governments in order to successfully cope with modern security risks, Underlining the fact that cyber attacks have become a serious security threat, which cannot be underestimated, Recognizing that cyber attacks can be a great challenge to governments, because they may destabilize society, jeopardize the availability of public services and the functioning of vital state infrastructure, Reiterating that any country which relies extensively on information and communication technology may fall victim to cyber crime, Welcoming the discussions in international fora on how to respond effectively to the abuse of cyber space for criminal and in particular terrorist purposes, Recognizing that cyber security and cyber crime have become a matter of substantial concern to inter alia , the EU, NATO and the UN General , Reaffirming the role of the as a regional arrangement under Chapter VIII of the UN Charter and a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation in its area, Reiterating its concern over the persistence of cyber attacks in various places of the area, Recognizing the previous work done in the with respect to various aspects of cyber security and cyber crime, and in particular related to terrorist use of the Internet, Underlining the urgent need for the international community to increase co-operation and information exchange in the field of cyber security and cyber crime, because only with joint and co-ordinated efforts is it possible to effectively respond to the threats originating from cyber space, Stressing that on Cybercrime of 2001 is the only legally binding multilateral instrument specifically addressing computer-related crime, but that it has been ratified by only 22 States, Welcoming the discussions and decisions initiated by NATO, the Parliamentary Assembly of , and elsewhere, Welcoming the fact that several participating States have already developed and adopted countermeasures against various kinds of cyber threats, Emphasizing the commitment of participating States to respect and the principles of international law, The Parliamentary Assembly: Expresses its regret that the international community has not been able to agree on specific countermeasures against cyber threats so far; Urges the parliamentarians of the participating States to intensify their efforts in convincing the parliaments and governments in their countries that threats originating from cyber space are one of the most serious security challenges of present time, which can jeopardize the way of life of modern societies and the whole of civilization;