frsrdg · GX04OSSE1 · 2010-03-22 00:00:00 — Aware that there has been no significant progress in achieving the fifth goal of the Millennium Declaration of 2000 calling for a 75 per cent reduction in global maternal mortality by 2015, which may negatively affect efforts to promote peace and sustainable democracy, empower women and advance economic development globally, Noting that a mothers death has a severe impact upon the lives and futures of children, including daughters withdrawn from school to assume family responsibilities; detracts from family income; and collectively weakens communities and perpetuates poverty while undermining the right of women to full and equal participation and involvementin civil society, Acknowledging the statement of 2008 by the G-8 nations expressing support for a comprehensive approach to reducing maternal and newborn mortality through investments to improve access to quality care and to skilled birth attendants, backed by access to emergency obstetric care, and to improving the health workforce, health facilities and culturally appropriate referral systems and tools, Recognising the accompanying call by the G-8 in the Toyako Framework for Action that, in order to make real and substantial progress towards improving maternal, reproductive and child health, additional resources from both domestic and international sources are needed if the health-related Millennium Development Goals are to be achieved, Aware that in the United Nations announced the creation of a Task Force, cochaired by the British Prime Minister and the President of the , to study ways to strengthen health systems in an effort to reduce the number of women who die in pregnancy and childbirth, and which is due to present its recommendations, on financing to strengthen health systems and pay for health care workers to potentially save the lives of 10 million women and children by 2015, at the 2009 G-8 meeting in , The Parliamentary Assembly: Calls upon the participating States to make stronger and more consistent efforts to reduce maternal mortality both at home and abroad through greater financial investment and participation in global initiatives, particularly those geared toward regions where mortality is highest, and encourages the United Nations, the and the to remain seized of the matter. GUIDELINES ON AID AND ASSISTANCE TO REFUGEES Given that the United Nations High Commissioner for Refugees (UNHCR) is the international body responsible for providing protection and material assistance to refugees throughout the world at international level in co-operation with affected States, Considering that the UNHCR has a network of headquarters in many countries, each charged with participating alongside host country authorities in procedures to determine refugee status, from which stem the relevant safeguards guaranteed by international law, Emphasising that all players on the international stage must work within the UnitedNations to provide assistance to refugees in the aftermath of natural disasters, armed conflict, civil war and persecution, promptly establishing areas for food and health services on the ground, Believing that the main priority for refugees in the aftermath of natural disasters, armed conflict, civil war and persecution is to resume their own lives in their own countries, at the heart of their own cultural and social contexts, as soon as possible, once all danger has subsided, Noting that all too often requests for refugee status abroad, far from ones own country of origin, are used improperly as an excuse to cover illegal immigration, and as a means to delay identification and expulsion procedures, thus debasing this tool and penalising those subject to genuine persecution, Highlighting the extreme difficulty of identifying people and the concrete threats they face once they have left their country of origin, The Parliamentary Assembly: Invites participating States to take the necessary action in order to lend economic and material support to United Nations intervention to promptly provide aid to refugees in areas of armed conflict, civil war, natural disasters or persecution; To fast-track, wherever possible, the recognition of refugee status and the provision of aid and assistance as close as possible to the refugees country of origin, both to ensure the recognition of their rights and to allow them to return to their place of origin and their traditional way of life once the emergency has subsided. CO-OPERATION FOR THE ENFORCEMENT Acknowledging that 1983 on the transfer of sentenced persons, ratified by European Union Member States, provides for transfer to serve the remainder of a sentence only towards the sentenced persons own State of nationality, and only following the consent of the said State and States parties, Acknowledging that the additional protocol to this Convention, of , that provides for the transfer of the sentenced person without their consent, subject to certain conditions, has not been ratified by all European Union Member States, Acknowledging that neither of these measures contains any absolute obligation to accept sentenced persons for the purpose of the enforcement of a sentence, Welcoming the Hague Programme on Strengthening Freedom, and Security in Union, which provides for Member States to complete the programme of measures, particularly those regarding the enforcement of final sentences of imprisonment, Recalling 2008/909/JHA of on the application of the principle of mutual recognition to judgements in criminal matters imposing custodial sentences or measures involving deprivation of personal freedom, for the purpose of their enforcement in Union, Emphasising that the enforcement of criminal sentences should further develop cooperation between participating States, particularly in cases where citizens from participating States have received a criminal sentence leading to a custodial sentence or measures involving deprivation of personal freedom in another participating State, Recognising that relations between participating States are based on mutual trust in their respective legal systems that allow the enforcing State to recognise decisions made by the sentencing State, Considering that, while respecting the need to provide adequate guarantees for the sentenced person, that persons consent to serve their sentence in his or her country of origin no longer constitutes a necessary pre-condition for this to go ahead, Bearing in mind that the co-operation of participating States does not prevent them from applying their own regulations regarding a fair trial, freedom of association, freedom of the press and freedom of expression in other means of communication, Emphasising that the enforcement of a sentence in the country of origin should serve to facilitate the sentenced persons social integration, the competent authority in the sentencing State should bear in mind aspects such as, for example, the persons attachment to his or her country of origin and whether the said person considers this country to be where he or she maintains family, linguistic, cultural, social, economic or other ties, The Parliamentary Assembly: Invites participating States to co-operate in order to take the necessary positive action to accommodate principles of mutual recognition of criminal sentences and the enforcement of a sentence in the country of origin by drafting and ratifying specific treaties or by implementing supranational regulations; Urges to introduce all the necessary measures, in the abovementioned spirit of co-operation, in order to effectively implement the regulations of already existing treaties between one or more participating States relating to extradition for the purpose of serving custodial sentences or measures involving deprivation of personal freedom applied to a participating States citizen in his or her country of origin. Reaffirming the commitments made by the participating States at previous conferences in (2003), (2004), (2004) and (2005) regarding legal, political and educational efforts to fight anti-Semitism, Reaffirming, in particular, especially the 2002 condemning anti-Semitic incidents in the area, recognising the role that the existence of anti-Semitism has played throughout history as a major threat to freedom, Recalling the 2005 PA Declaration, the 2006 PA Declaration, the 2007 PA Kyiv Declaration and the 2008 PA Astana Declaration, and the resolutions adopted on combating anti-Semitism, Saluting the commitment and activities of past and present Personal Representatives to the Chairman-in-Office on Combating Anti-Semitism, Welcoming the efforts of the parliaments of participating States to combat anti-Semitism as highlighted in the Follow-Up Report to the Astana Declaration, Hailing the work of the Conference on Combating Anti-Semitism, held in , , from 15 to 17 February 2009, The Parliamentary Assembly: Remains greatly concerned at the increase in xenophobia and other forms of intolerance directed towards vulnerable groups during the economic crisis, including an increase in anti-Semitism characterised by claims that Jews were responsible for the economic crisis; Endorses the declaration of the Conference on Combating Anti-Semitism, and reaffirms in particular: concern for the dramatic increase in recorded anti-Semitic hate crimes and attacks targeting Jewish persons and property, and Jewish religious, educational and communal institutions and the incidents of governmentbacked anti-Semitism in general, and state-backed genocidal antiSemitism, in particular; the role parliamentarians, governments, the United Nations and regional organisations should play in combating anti-Semitism in all its forms, including denial of the Holocaust, and in reaffirming the principles of tolerance and mutual respect; its call upon national governments, parliaments, international institutions, political and civic leaders, NGOs and civil society to affirm democratic and human values, build societies based on respect and citizenship and combat any manifestations of anti-Semitism and discrimination; that the participating States of the must fulfil their commitments under the2004 Declaration and fully utilise programmes to combat antiSemitism including the programme; that appropriate and necessary action should be taken by governments to develop strategies to address television broadcasts and other uses of the media and Internet that promote anti-Semitism, while ensuring that such strategies and any related legislation fully respect the freedoms of expression, assembly and association, and are not used to repress peaceful activities of civil society, of political or religious groups, or of individuals; that, with the support of the , measures must be adopted to assess the effectiveness of existing policies and mechanisms in countering antiSemitism, including the of publicly accessible incident reporting systems, and the collection of statistics on anti-Semitism; the importance of education, awareness and training throughout the judicial and school systems in countering anti-Semitism; the importance of engagement with civil society institutions and leading NGOs to create partnerships that bring about change locally, domestically and globally, and support efforts that encourage Holocaust education, inter-religious dialogue and cultural exchange; that the should seek ways to co-ordinate the response of participating States to combat the use of the Internet to promote incitement to hatred; and, the of an international task force of Internet specialists comprised of parliamentarians and experts in order to create common metrics to measure anti-Semitism and other manifestations of hate online and to develop policy recommendations and practical instruments for governments and international frameworks to tackle these problems; Applauds the extensive work of the for Democratic Institutions and Human Rights to combat manifestations of antiSemitism and other forms of intolerance, including: the publication of an Annual Hate Crimes Report that monitors manifestations of anti-Semitism; development of Holocaust Remembrance and Hate Crimes Legislation guidelines and other educational materials to combat anti-Semitism; and training of government and civil society members to monitor, report on and prevent manifestations of antiSemitism. FREEDOM OF OPINION AND EXPRESSION Recalling and reaffirming that freedom of expression is a fundamental and internationally recognised human right and a basic component of a democratic society, and that free, independent and pluralistic media are essential for a free and open society and accountable systems of government as stipulated in the 1997 Document, Recalling that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned, as stipulated in the 1991 Document and 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 Human Rights Resolution /38 on the to Freedom of Opinion and Expression adopted by the United Nations Commission on Human Rights on , which reaffirms the rights contained in the International Covenant on Civil and Political Rights (ICCPR) regarding the right of everyone to hold opinions without interference, as well as the right to freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of their choice, and the intrinsically linked rights to freedom of thought, conscience and religion, peaceful assembly and association and the right to take part in the conduct of public affairs and the responsibilities of participating States to promote and protect the rights of individuals under the ICCPR, Recalling that in agreeing on the mandate of and pledging to co-operate fully with the Representative on Freedom of the Media, the participating States reaffirm the principles and commitments they have adhered to in the field of free media (1997), Deploring that in a number of participating States, journalists have been murdered, assaulted and subjected to harassment, Recalling and reaffirming that in in 1994 participating States condemned all attacks on and harassment of journalists and made a commitment to endeavour to hold those directly responsible for such attacks and harassment accountable, Recalling that in his address to the on the Representative on Freedom of the Media warned that violence against the media, if unpunished, becomes the foremost obstacle to uninhibited journalism, Reaffirming the agreement reached in in 1999 on the importance of the free flow of information and the public's access to information, Expressing concern that, in a number of participating States, there is an ongoing discussion about introducing new legislation to regulate the Internet, which, as the Representative on the Freedom of the Media told the on , must be non-restrictive and limited to areas where it is unavoidable if it is to comply with commitments, Recalling that participating States are committed to ensuring that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which administrative action, violence and intimidation do not bar the parties and candidates from freely presenting their views and qualifications, or prevent the voters from learning of and discussing them (1990), Reaffirming that participating States will ensure that no legal or administrative obstacle stands in the way of unimpeded access to the media on a non-discriminatory basis for all political groupings and individuals wishing to participate in the electoral process (1990), Reaffirming that persons belonging to national minorities or regional cultures on their territories can disseminate, have access to and exchange information in their mother tongue (1989), Recalling that participating States have agreed that everyone will have the right to peaceful assembly and demonstration, the right of association, and the right to form and freely join a trade union, and that any restrictions which may be placed on the exercise of these rights will be prescribed by law and be consistent with international standards (1990), Recalling that participating States will respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organisations (1990), Recalling that participating States have expressed their commitment to permitting the right to form, join and participate effectively in NGOs, which seek the promotion and protection of human rights and fundamental freedoms (1990), Reaffirming participating States' commitment to ensure freedom of conscience and religion and to a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers (1994), The Parliamentary Assembly: Recognises 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; Urges participating States to address the remaining challenges, the lack of progress and even set-backs in respect of the implementation of the freedoms of expression, association and assembly, under threat from a range of excessively restrictive laws and policies that negatively affect the working environment of journalists, media and related personnel; Urges participating States to co-operate fully with and assist the Representative on Freedom of the Media in the performance of his tasks, to provide all necessary information requested by him, and to consider favourably his requests for visits and for implementing his recommendations; Urges participating States to take all necessary measures to put an end to violations of the implementation of the freedoms of expression, association and assembly and to create conditions to prevent such violations, including ensuring that the relevant national legislation complies with their international human rights obligations and is effectively implemented; Urges participating States to ensure that victims of violations of these rights have an effective remedy, to investigate effectively threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and to bring those responsible to ; 23.Urges participating States to fully investigate criminal activities against journalists, particularly those aimed at intimidating journalists independently reporting, and to fully prosecute those responsible for those criminal activities; Urges participating States to refrain from imposing restrictions that are incompatible with principles on the free flow of information and ideas and access to or use of information and communication technologies, including radio, television and the Internet, and from practices such as the banning or closing of publications or other media and the abuse of administrative measures and censorship; Urges participating States to review their procedures, practices and legislation, as necessary, to ensure that any limitations on the right to freedom of opinion and expression are only such as are provided by law and are necessary for respect of the rights and reputations of others, public order, the protection of national security, public health, or morals; Urges participating States to refrain from imposing restrictions that are incompatible with principles on the discussion of government policies and political debate; on reporting on human rights, government activities and corruption in government; on engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and on expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups; Commends the /ODIHR for its continued assistance to participating States in this respect, particularly by reviewing legislation linked to human rights and fundamental freedoms; Recognises 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; Emphasises the importance of providing adequate funding to the , including the Representative on the Freedom of the Media, and ODIHR, to support their activities; Underlines the crucial role of the field operations in assisting participating States with the development of the media, and encourages the field operations to further undertake projects aimed at capacity and training for the media and promoting dialogue between the media and the government, in particular on the legislative process. Stressing the Parliamentary Assemblys interest in and dedication to the highest standards of democratic elections and human rights, Recognising that the ultimate legitimacy of the electoral process in lies with the Iranian people, Emphasising the determination of the Parliamentary Assembly not to infringe upon the sovereignty of the Islamic Republic of , Deploring the violence perpetrated against those exercising their civil liberties and demonstrating peacefully, and Taking note of the following statement of European Union foreign ministers in : Harassment or intimidation of foreign or Iranian staff working in embassies will be met with a strong and collective EU response, The Parliamentary Assembly: Condemns the arrests of Iranian employees working at the British Embassy in ; Deplores the arrests and intimidation of foreign and domestic journalists working in ; Expresses its grave concern about the continuing violence in ; and Supports the statement of European Union foreign ministers in concerning harassment or intimidation of diplomatic staff.